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Home My WebLink About24-002 • • ORDINANCE NO.2024-002 ORDINANCE RELATING TO ENFORCEMENT OF SCHOOL ZONE SPEED LIMITS; CREATING SECTION 30- 5.1 OF THE CODE OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE PLACEMENT AND INSTALLATION OF SPEED DETECTION SYSTEMS ON ROADWAYS MAINTAINED AS SCHOOL ZONES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, during the 2023 state legislative session, the Florida Legislature passed House Bill ("HB") 657, which provides that a county may enforce the applicable speed limit on a roadway properly maintained as a school zone through the use of a speed detection system; and WHEREAS, on May 31, 2023, Governor Ron DeSantis signed HB 657 into law, codified as chapter 2023-174, Laws of Florida; and WHEREAS, a speed detection system is defined at section 316.003, Florida Statutes, as a "portable or fixed automated system used to detect a motor vehicle's speed using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation"; and WHEREAS, HB 657 authorizes counties to enforce applicable speed limits in school zones during school sessions "through the use of a speed detection system for the detection of speed and capturing of photographs or videos for violations in excess of 10 miles per hour over the speed limit in force at the time of the violation"; and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5292078 01/24/2024 12:38:05 PM OR BOOK 5098 PAGE 1797-1802 Doc Type:ORDN RECORDING: $52.50 1 WHEREAS, HB 657 further authorizes counties to place or install, or contract with a vendor to place or install, "a speed detection system within a roadway maintained as a school zone as provided in section 316.1895 to enforce unlawful speed violations";and WHEREAS, HB 657 provides that such a speed detection system must be installed in accordance with placement and installation specifications established by the Florida Department of Transportation; and WHEREAS, HB 657 directs counties to post signage "indicating photographic or video enforcement of the school zone speed limits,"which"shall clearly designate the time period during which the school zone speed limits are enforced using a speed detection system and must meet the placement and installation specifications established by the Florida Department of Transportation"; and WHEREAS, HB 657 further directs counties that begin a school zone speed detection system program to"make a public announcement and conduct a public awareness campaign of the proposed use of speed detection systems at least 30 days before commencing enforcement under the speed detection system program";and WHEREAS, a county that operates school zone speed detection systems must annually report the results of all systems within the county's jurisdiction by placing the required report on an agenda of a regular or special meeting of the county's governing body; and WHEREAS,HB 657 provides that a county may authorize a traffic infraction enforcement officer under section 316.640, Florida Statutes, to issue uniform traffic citations for violations of sections 316.1895 and 316.183 as authorized by section 316.008(9), and further regulates how such notices of violation shall be sent and what information such notices must include;and WHEREAS, HB 657 further provides for penalties to be assessed and remitted to various entitles, as well as for a process whereby individuals who receive notices of violation may request a hearing; and WHEREAS, HB 657 prescribes that a county electing to authorize traffic infraction enforcement officers to issue uniform traffic citations"must designate by resolution existing staff to serve as the clerk to the local hearing officer"; and WHEREAS, HB 657 provides that a county implementing speed detection systems"must enact an ordinance in order to authorize the placement or installation of a speed detection system on a roadway maintained as a school zone"and that,"as part of the public hearing on such proposed ordinance,"the county"must consider traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system," and "must determine that the school zone where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures"; and WHEREAS, this Board finds that speed violations in school zones present a real hazard not only to the general public's health and safety,but also specifically to children who are arriving at or departing from school; and WHEREAS,speed violations in school zones in the unincorporated area of the County are rampant, with the St. Lucie County Sheriff's Office issuing nearly 183 citations for speeding in a school zone in the last year alone; and WHEREAS, enforcement of speed limits in school zones with law enforcement officers alone can be difficult, as in the time a law enforcement officer has stopped and cited a speeding driver, other motorists can commit speeding violations and escape citation; and WHEREAS, in accordance with and pursuant to the provisions of section 316.008(c), Florida Statutes, the County has considered traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, and has determined that each school zone where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures; and WHEREAS, given that speeding in school zones creates an unacceptable hazard for students, and that enforcement of applicable speed limits in school zones during school sessions through the use of a speed detection system may reduce instances of speeding in school zones and enhance the welfare and safety of students across St.Lucie County,this Board wishes to implement a school zone speed detection system program to enforce applicable speed limits in school zones during school sessions through the use of a speed detection system, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FLORIDA: Part A. The foregoing recitals are incorporated herein and are approved. Part B. Section 30-5.1 of the Code of St. Lucie County, Florida, is hereby created to read as follows: Sec. 30-5.1. Speed detection systems for enforcement of school zone speed limits. (1) Purpose and intent. The purpose of this ordinance is to authorize and implement the use of speed detection systems to enforce applicable speed limits on roadways properly maintained as school zones, as authorized by and in accordance with Chapter 2023-174, Laws of Florida, as such may be amended from time to time, in order to promote traffic safety and student welfare. (2) Use of Speed Detection Systems. In accordance with Chapter 2023-174, Laws of Florida, St. Lucie County exercises its authority to authorize placement or installation of speed detection systems to enforce applicable speed limits on roadways maintained as school zones within the unincorporated areas of St. Lucie County. The County Administrator or the County Administrator's designee is hereby authorized to implement speed detection systems within the unincorporated areas of St. Lucie County consistent with the placement and installation specifications established by the Florida Department of Transportation, as such may be amended from time to time, to enforce unlawful speed violations, as specified in sections 316.1895 and 316.183,on roadways maintained as school zones. (3) Determination of Heightened Safely Risk. Having considered traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, St. Lucie County determines that the following school zones where a speed detection system is to be placed or installed constitute a heightened safety risk that warrants additional enforcement measures pursuant to section 316.008(9), Florida Statutes: i. Angle Road at Fort Pierce Westwood High School ii. North 25th Street at Forest Grove Middle School iii. Fort Pierce Boulevard at Lakewood Park Elementary School iv. Indrio Road at Lakewood Park Elementary School v. Jenkins Road at Independence Classical Academy vi. Jenkins Road at Samuel Gaines Academy vii. Oleander Avenue at White City Elementary School viii. Orange Avenue at Orange Avenue Baptist School ix. Weatherbee Road at Weatherbee Elementary School (4) Traffic infraction enforcement officers. Pursuant to section 316.1896, Florida Statutes, a traffic infraction enforcement officer under section 316.640, Florida Statutes, is authorized to issue uniform traffic citations for violations of sections 316.1895 and 316.183 as authorized by 316.008(9). (5) Notices, Penalties, and Appeals. The County Administrator or County Administrator's designee shall provide notices of violation, assess penalties,remit applicable portions of assessed penalties, and provide for appeals consistent with the requirements of Chapter 2023-174,Laws of Florida,as such may be amended from time to time. (6) Signage and Public Awareness Campaign. The County Administrator or County Administrator's designee shall post signage and conduct a public awareness campaign regarding the placement or installation of speed detection systems consistent with the requirements of Chapter 2023-174, Laws of Florida, as such may be amended from time to time. (7) Reporting.The County Administrator or County Administrator's designee shall comply with the reporting requirements of Chapter 2023-174, Laws of Florida, as such may be amended from time to time. PART B. SEVERABILITY AND APPLICABILITY. It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause, or provision of this ordinance be held invalid,the remainder of the ordinance shall not be affected. PART C. FILING WITH THE DEPARTMENT OF STATE AND EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART D. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Cathy Townsend, Chair AYE Commissioner Chris Dzadovsky Vice Chair AYE Commissioner Linda Bartz, AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler AYE PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 9th day January, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ��/� ST. LUCIE COUNTY,FLORIDA (2/1��.liLQt . 41 G 4GOMM, BY: e r e.., ` � J��'_aer DEPUTY CLERK 4C `c,OZ I • IR - o v eel APPROVED , S TO FORM • ND * * CORRECTN r S fa`Gc�F couNr4.F'�� BY: , COUNTY AT •R ' Y RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 January 24, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the St. Lucie County Ordinance No. 2024-002, which was filed in this office on January 22, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh