(a) Intent. The intent of this section is to protect the health, safety, and welfare of the citizens of Boynton Beach by authorizing the placement, installation, and use of speed detection systems on roadways maintained as a school zone as authorized under F.S. § 316.008, pursuant to F.S. § 316.1895, within the jurisdiction of the city, to promote compliance with speed limits in school zones, and to adopt a quasi-judicial system to enforce violations. This section provides a supplemental means of enforcing unlawful speed violations in school zones and shall not prohibit a law enforcement officer from issuing a uniform traffic citation for a traffic violation in accordance with F.S. Ch. 316.
(b) Definitions. For the purposes of this section, the following terms shall have the meanings given below:
Hearing procedures means the procedures set forth under F.S. § 316.1896, governing noticing, scheduling, and conducting hearings before a Special
Magistrate.
Law enforcement officer means, as defined by F.S. § 943.10(1), as may be amended.
Local hearing officer means the Special Magistrates appointed under Section 14.5-5 of the city code.
Motor vehicle means, as defined by F.S. § 316.003, as may be amended.
Notice of violation means the written notification sent to the registered owner of a vehicle after a school zone speed infraction by that vehicle has been captured by a speed detection system and thereafter reviewed and approved by a law enforcement officer or traffic infraction enforcement officer. A notice of violation must be in the form and include the contents prescribed by F.S. § 316.1896, as may be amended.
School zone means that portion of a street or highway established as a school zone pursuant to F.S. § 316.1895, as may be amended.
School zone speed enforcement program means the regulations and procedures governing the use of speed detection systems on roadways maintained as a school zone within the jurisdiction of the city, as provided for by applicable law and established by this section.
School zone speed infraction means a violation of F.S. §§ 316.183 or 316.1895, captured by a speed detection system on a roadway maintained as a school zone during the hours provided for by applicable law and set forth in this section.
School zone speed limit means the regularly posted or reduced posted speed limit within a school zone pursuant to F.S. § 316.1895.
Speed detection system means 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. This term is synonymous with the term "Speed Detection System" defined in F.S. § 316.003(83), as may be amended.
Traffic infraction enforcement officer means a person who meets the qualifications established by F.S. § 316.640, as may be amended.
Uniform traffic citation means the citation issued to the registered owner of a vehicle for a school zone speed infraction, in the form and including the contents prescribed by F.S. §§ 316.1896 and 316.650, as may be amended.
(c) Use of speed detection systems. Pursuant to F.S. § 316.008(9), the City of Boynton Beach hereby elects to use speed detection systems on roadways properly maintained as a school zone to enforce speed limits within the city's jurisdiction. The city may utilize speed detection systems as a supplemental means of assisting law enforcement personnel in the enforcement of compliance with state law related to unlawful speed in school zones, in accordance with F.S. Ch. 316.
(d) Program administration.
(1) The Police Department, in cooperation with any necessary city staff and any approved vendor and its employees and agents, shall be enabled and empowered by this section to assist with the city's school zone speed enforcement program. This section shall further enable the city to enter into agreements with one or more vendors to place or install speed detection systems and carry out services consistent wi th the implementation and enforcement of the provisions of Chapter 2023-174, Laws of Florida, subject to any other applicable state or local legal requirements or this section.
(2) The city may utilize its Special Magistrates as appointed pursuant to Section 14.5-5 as its local hearing officer, who shall have jurisdiction to conduct proceedings challenging the issuance of a notice of violation.
(3) The Police Department shall provide a designated civilian employee(s) who shall serve as Clerk for the hearings before a local hearing officer.
(e) Program implementation requirements.
(1) Vendor contract. City Commission shall approve any contract for placement or installation of a speed detection system in a school zone in accordance with F.S. § 316.0776.
(2) Installation and operation of speed detection systems. Pursuant to F.S. §§ 316.008 and 316.0776, speed detection systems may be installed and operated only in the school zones designated by this section and/or subsequent amendments thereto.
(3) Signage requirements. The installation and operation of speed detection systems, including required signage, shall be in accordance with F.S. Ch. 316, all applicable regulations of the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, and the terms of any Memorandum of Understanding or other written agreement that may be entered into between the Police Department and/or the city and its vendor(s).
(4) Public Awareness. Pursuant to F.S. § 316.0776, before notices of violation for school zone speed infractions may be issued, a public announcement and 30-day public awareness campaign of the initial proposed use of speed detection systems must be conducted. During the 30-day public awareness campaign, only a warning may be issued to the registered owner for a school speed zone infraction, and a fine shall not be imposed.
(f) Designation of school zones. Having considered evidence at a public hearing supporting the installation and operation of speed detection systems on certain roadways maintained as school zones within the jurisdiction of the city, the school zones on the roadways surrounding the following schools constitute a heightened safety risk that warrants additional enforcement measures by the installation or placement of speed detection systems pursuant to F.S. § 316.008. Additional speed detection systems may be approved by amendment to this subsection in accordance with applicable law.
(1) 500 Block of Miner Rd. (Rolling Green Elementary).
(2) 2700-2800 Block of N. Seacrest Blvd. (Rolling Green Elementary).
(3) 1100-1200 Block of N. Seacrest Blvd. (Poinciana Elementary).
(4) 1000 Block of S. Seacrest Blvd. (Forest Park Elementary).
(5) 900-1400 Block of S.W. 3rd St. (Forest Park Elementary).
(6) 2700-2900 Block of S. Congress Ave. (Crosspointe Elementary).
(7) 8400 Block of Lawrence Rd. (Citrus Cove Elementary).
(8) 3400 Hypoluxo Rd. (Freedom Shores Elementary).
(9) 3333 High Ridge Rd. (Imagine Chancellor Charter School).
(g) Enforcement procedures.
(1) General powers. The Police Department shall be authorized to enforce the applicable speed limit on a roadway properly maintained as a school zone pursuant to Chapter 2023-174, Laws of Florida, for violations of F.S. §§ 316.183 and 316.1895, through the use of a speed detection systems for the detection of speed and capturing of photographs or videos for violations in excess of ten miles per hour over the speed limit in force at the time of the violation. The Police Department's Chief of Police or designee is responsible for establishing the business rules of procedure between the vendor and the city necessary for implementing this section.
(2) Review of speed detection system information. Information captured by the speed detection system shall be reviewed by an authorized employee or agent of the City of Boynton Beach.
(3) School zone speed detection system violations. The applicable speed limit on a roadway properly maintained as a school zone may be enforced through the capturing of a violation by a speed detection system as follows:
(i) For a violation of F.S. § 316.1895, in excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast program.
(ii) For a violation of F.S. § 316.1895, in excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled school session.
(iii) For a violation of F.S. § 316.183, in excess of ten miles per hour over the posted speed limit during the entirety of a regularly scheduled school session.
(iv) For a violation of F.S. § 316.1895, in excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the end of a regularly scheduled school session.
(4) Notice of violation. A notice of violation must be sent to the registered owner of the motor vehicle involved in the violation as provided under F.S. § 316.1896.
(5) Hearing procedures and appeals. Hearings to contest notices of violations shall be held in accordance with the requirements of Chapter 2023-174, Laws of Florida, and F.S. §§ 316.0083(5) and 316.1896. An aggrieved party may appeal a final administrative order of the local hearing officer in accordance with F.S. § 316.1896.
(6) Defenses, penalties, and costs. The enforcement of school zone speed infractions, including the issuance of notices of violation and uniform traffic citations, the processing of affidavits to assert an exception to liability, and the assessment of fines and costs must comply with F.S. § 316.1896. In accordance with F.S. § 316.1896(14)(e), the local hearing officer must assess the statutory authorized penalty if the petitioner is found in violation and may also require the petitioner to pay municipal costs not to exceed $250 per violation. A registered owner who receives a notice of violation may, within 30 days:
(i) Pay the fine of $100, as fixed by F.S. § 318.18(3)(d), as it may be amended;
(ii) Submit an affidavit establishing an exception to liability pursuant to F.S. § 316.1896(8), as it may be amended; or
(iii) Request a hearing.
(7) Issuance of a uniform traffic citation. A law enforcement officer or traffic infraction enforcement officer shall be authorized, pursuant to F.S. § 316.1896, to issue a uniform traffic citation for violations of F.S. §§ 316.1895 or 316.183 as authorized by F.S. § 316.008(9). If the registered owner of a vehicle does not timely pay the fine reflected on the notice of violation, submit a sufficient affidavit, or request a hearing, a uniform traffic citation must be issued by a law enforcement officer or a traffic infraction enforcement officer to the registered owner and transmitted to the Palm Beach County Clerk of the Court for disposition by the county court.
(h) Collection of evidence, public records, and retention requirements. In accordance with F.S. § 316.1896, a speed detection system in a school zone may not be used for remote surveillance. The collection of evidence by a speed detection system to enforce school zone speed infractions or user- controlled pan or tilt adjustments of speed detection components, do not constitute remote surveillance. Recorded video or photographs collected as part of a speed detection system in a school zone may only be used to document school zone speed infractions and for purposes of determining criminal or civil liability for incidents captured by the speed detection system incidental to the permissible use of the speed detection system. Any recorded video or photograph obtained via a speed detection system must be destroyed within 90 days after the final disposition of the recorded event, pursuant to F.S. § 316.1896. Written notice that such records have been destroyed must be provided by December 31 of each year. All public records related to the administration of this section must be maintained in accordance with Florida law, and all requests for such records must be addressed in accordance with F.S. Ch. 119, and any other applicable state law.
(i) Annual reporting requirements. The city, with the assistance of the Police Department and/or the vendor, will annually report on the city's school zone speed enforcement program to the public and to the Florida Department of Highway Safety and Motor Vehicles in accordance with F.S. §§ 316.0776 and 316.1896, as may be amended. Pursuant to F.S. § 316.0776(3)(c), the compliance or sufficiency of compliance with this subsection may not be raised in a proceeding challenging a notice of violation for a school zone speed infraction.
(j) Remittance of collected fines and costs. All fines and costs collected pursuant to this section must be remitted in accordance with F.S. §§ 316.1896 and 318.18, and any other applicable state law.
(k) Resolution of conflict of laws. In all instances where Florida law, as evidenced by the Florida Administrative Code, Florida Statutes, applicable case law, or otherwise, mandates standards or requirements that are stricter than the provisions of this section or where a matter is addressed by Florida law that is not addressed by this section, then said law shall govern. In situations where this section addresses a matter in a manner that is stricter than that of Florida law, the provisions of this section shall control.
(Ord. No. 24-010, § 2, 5-7-24)