R13-065 11
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1 RESOLUTION NO. R13 -065
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3 ! A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH ESTABLISHING THE HEARING COSTS
5 PERMITTED PURSUANT CHAPTER 2013 -160, LAWS OF FLORIDA;
6 AND PROVIDING FOR AN EFFECTIVE DATE.
7
8 WHEREAS, the Florida Legislature passed CS /CS /HB7125 during the 2013
9 Legislative Session providing for hearings related to notices of violations connected with the
10 use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of
11 Florida Uniform Traffic Code; and
12 WHEREAS, the Governor of the State of Florida signed CS /CS /HB7125 into law on
13 June 12, 2013, resulting in the Chapter 2013 -160, Laws of Florida taking effect on July 1,
14 2013; and
15 WHEREAS, City Ordinance 13 -019 incorporates Chapter 2013 -160, Laws of Florida,
16 (new state law) into the City Code which permits red light camera violators to request a
17 hearing with the City's Special Magistrate to contest a Notice of Violation; and
18 WHEREAS, pursuant to the new state law, the violator may cancel the requested
19 hearing by paying the Notice of Violation and Fifty ($50) dollars in administrative costs
20 before the start of the hearing; and
21 WHEREAS, the new state law provides that if the violator appears for the hearing,
22 does not timely cancel the requested hearing, or fails to appear at the requested hearing, and
23 the notice of violation is upheld, the violator shall pay municipal costs not to exceed Two
24 Hundred and Fifty ($250) dollars, in addition to any fees assessed for the Notice of Violation.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA:
27 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
28 as being true and correct, and are incorporated herein by this reference.
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1 1 Section 2: Pursuant to the new state law, when a recipient of a red light camera
2 Notice of Violation requests a hearing, but cancels the hearing before it starts, a $50 fee shall
3 ! be assessed and payable to City, in addition to the violation fine.
4 Section 3: The City of Boynton Beach's Special Magistrate shall assess municipal
5 costs in an amount of $85.00 in addition to amounts owed under the Notice of Violation
6 where the violator requests a hearing, appears for the hearing, does not timely cancel the
7 requested hearing, or fails to appear at the requested hearing, and the Notice of Violation is
8 upheld.
9 Section 4: This resolution shall become effective upon its passage and adoption by the
10 City Commission.
11 PASSED AND ADOPTED this 16 day of July 2013.
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13 CITY OF BOYNTON BEACH
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15
16 Mayor Jerry Taylor
17 � J J� �
18 -�
19 c : t ayor — Woodro
20 \ W.
22 Commission — Da 'd ► erker
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24 '
25 C s t issi er — .4• i hael M. F zp trick
26 ATTEST:
27 A
28 C •i missioner — Joe Casello
29 ,
30 _t_AJD
31 Jan ,t M. Prainito, MMC
32 y C '
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34 (• f
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