R14-009 I I
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1 ` RESOLUTION NO. R14- 00
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3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 DESIGNATING EXISTING STAFF TO SERVE AS THE
7 CLERK TO THE LOCAL HEARING OFFICER
8 PURSUANT TO SECTION 316.0083(5)(B), FLORIDA
9 STATUTES; AND PROVIDING AN EFFECTIVE DATE.
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11
12 1 WHEREAS, in 2010, the Florida Legislature enacted Chapter 2010 -80, Laws of
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13 I Florida, the "Mark Wandall Traffic Safety Act" ( "Act "), which authorized the installation and
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14 use of red light safety cameras to enforce state traffic laws when the driver of a motor vehicle
15 fails to stop at a red light; and
16 WHEREAS, during the 2013 Legislative Session, the Florida Legislature amended the
17 Act by adopting CS /CS /HB 7125, which was signed into law by the Governor on June 13,
18 2013, resulting in Chapter 2013 -160, Laws of Florida, effective July 1, 2013 (Amendment);
19 and
20 WHEREAS, the Amendment creates a local administrative hearing procedure that
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21 allows an individual to challenge a notice of violation at a local hearing with the City's
22 Special Magistrate, in a venue that is separate from the traffic court process; and
23 WHEREAS, Section 316.0083(5)(b), Florida Statutes, requires cities to "designate by
24 resolution existing staff to serve as the clerk to the local hearing officer; and
25 WHEREAS, the City of Boynton Beach wishes to utilize existing resources and staff
26 to implement the new law.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
3 being true and correct and are hereby made a specific part of this Resolution upon adoption
4 hereof.
5 Section 2. The City Manager is authorized to designate existing City employees,
6 including but not limited to the Police Department Police Records Technician, to serve as the
7 clerk to the local hearing officer (Magistrate) pursuant to Section 316.0083(5)(b), Florida
8 Statutes and the City's Code of Ordinances.
9 Section 3. This Resolution shall take effect immediately upon passage.
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11 PASSED AND ADOPTED this - day of January, 2014.
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13 CITY OF BOYNTO NTIECH, FLORIDA
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15 ,,=.
16 I . yor Je Taylor
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18 e �ffi�
19 . ce Mayor — Wood • . ay
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21 )111.
22 Comm i • • - r David T. Merker
23 '' /�i
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25 t\ • mmiss • ner — ichael M. Fitzpatr k
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27 &.
28 C • missioner — Joe Casello
29 ATTEST:
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31 ' •
3 4 Ii41111
et M. Prainito, MMC
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37 o • .0 Sea
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