13-14RESOLUTION NO.13 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, DESIGNATING THE MUNICIPAL
CODE ENFORCEMENT BOARD AS THE "LOCAL HEARING
OFFICER" FOR THE PURPOSE OF CONDUCTING
HEARINGS RELATED TO A NOTICE OF VIOLATION
ISSUED PURSUANT TO SECTION 316.0083, FLORIDA
STATUTES; DESIGNATING THE CLERK AND STAFF OF
THE OFFICE OF OFFICIAL RECORDS & LEGISLATIVE
SERVICES TO SERVE AS THE CLERK TO THE "LOCAL
HEARING OFFICER "; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, House Bill 7125 was adopted by the Florida Legislature and will
become effective on July 1, 2013; and
WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in House
Bill 7125, provide the registered owner of the motor vehicle or the person in physical control
of the motor vehicle at the time the motor vehicle failed to stop at a red light being
monitored by a "traffic infraction detector" with the option of requesting a hearing before a
"local hearing officer" to contest a notice of violation issued pursuant to Section 316.0083,
Florida Statutes; and
WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing the
notice of violation to designate a "local hearing officer" as defined in Section 316.003(91),
Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083; and
WHEREAS, Section 316.003(91), Florida Statutes, authorizes a municipality to use
its currently appointed code enforcement board as the "local hearing officer"; and
WHEREAS, Section 316.0083(5)(e), Florida Statutes, authorizes the local hearing
officer" at the conclusion of the hearing to require the violator to pay municipal costs not to
exceed $250 in addition to the $158 penalty if the notice of violation is upheld; and
WHEREAS, Section 318.15(3) Florida Statutes, requires the clerk of the court to
notify the Florida Department of Highway Safety and Motor Vehicles of persons who
requested a hearing before the "local hearing officer" and failed to either pay the penalty
and costs or appear at a scheduled hearing before the "local hearing officer "; and
WHEREAS, Section 318.15(3)(a) Florida Statutes, requires the Florida Department
of Highway Safety and Motor Vehicles to refrain from issuing a license plate or revalidation
sticker for any motor vehicle owned or coowned by a violator who failed to either pay the
penalty and costs or appear at a scheduled hearing before the "local hearing officer" until
the violator pays the amounts that are owed; and
Resolution 13 -14
WHEREAS, Section 316.0083(5)(b), Florida Statutes, requires the municipality by
resolution to designate existing staff of the municipality to serve as the clerk to the "local
hearing officer "; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater hereby designates the Municipal
Code Enforcement Board of the City of Clearwater as the "local hearing officer" to conduct
hearings related to a notice of violation issued pursuant to Section 316.0083, Florida
Statutes, and designates the clerk and staff of the Office of Official Records & Legislative
Services to serve as the clerk to the Municipal Code Enforcement Board.
Section 2. This resolution shall take effect on July 1, 2013.
PASSED AND ADOPTED this 6th day of June , 2013.
•- geofit A <<tteivS
George N. Cretekos
Mayor
roved as to form: Attest:
Robert J. rette
Assistant ! ty Attorney
fay osemarie Cal
City Clerk
2 Resolution 13 -14