The City Administration (“Administration”) recommends that the Mayor and City Commission (“City Commission”) approve the Ordinance on First Reading and schedule a Second Reading public hearing for the February 21, 2024 City Commission meeting.

In the 2023 legislative session, the Florida Legislature passed and adopted House Bill 657 (“HB 657”), which has been codified as Section 316.008(9), Florida Statutes, pertaining to the use of Speed Detection Systems (“SDS”) to enforce speed limits in school zones.

HB 657 authorizes counties and municipalities to place or install, or contract with a vendor to place or install, SDS (which are similar to red light cameras) to enforce school zone speed limits for violations in excess of 10 miles per hour (“MPH”) over the applicable speed limit when children are going to or from school (beginning 30 minutes before the start of a breakfast program or scheduled school session and ending 30 minutes after the end of a scheduled school session); and to enforce posted speed limits during the entirety of the school session. HB 657 further authorizes counties and municipalities to enact an ordinance regarding the placement or installation of SDS upon determining that the location of such system(s) warrant additional enforcement action based on traffic data and/or other evidence supporting the need for SDS in such location(s).

Additional requirements of HB 657 include, but are not limited to, signage warning motorists that speed detection systems are in use; a public announcement and public awareness campaign prior to commencing enforcement of school zone speed limits with SDS; annual reporting to the Florida Department of Highway Safety and Motor Vehicles (“DHSMV”) as to the results of all SDS within the City; and the City Commission to hold public meetings regarding contracts and data reported.

HB 657 specifically authorizes SDS to be placed or installed in a school zone on a state road when permitted by the Florida Department of Transportation (“FDOT”) and in accordance with FDOT-developed placement and installation specifications. SDS may also be placed or installed in a school zone on a street or highway under the City’s jurisdiction, in accordance with FDOT-established placement and installation specifications.

At the June 28, 2023 City Commission meeting, the City Commission adopted Resolution No. 2023-32653 (Attachment A) directing the Administration to evaluate whether any school zone(s) in the City warrant the installation of SDS to address any heightened safety risks to school children; and further, directing the Administration to present its findings and recommendations at the October 18, 2023 City Commission meeting. The discussion item (R9 AG) was not reached during the October 18, 2023 City Commission meeting.

At the December 13, 2023 City Commission meeting, the City Commission directed the Administration and the City Attorney’s Office to draft an Ordinance for consideration at the January 31, 2024 City Commission meeting.

The City engaged The Corradino Group, Inc. (“Consultant”), one of the City’s pre-qualified rotational transportation consultants, to evaluate the current vehicular speeds and volumes along various school zones within the City for the potential installation of SDS to determine if the selected school zones warrant additional speed enforcement. The City proceeded with a phased approach in evaluating school zones, prioritizing the school zones adjacent to major corridors and where the City has received speeding complaints. The Consultant evaluated vehicular speeds along seventeen (17) school zones associated with eight (8) schools within the City as part of the Phase 1 traffic study (Attachment B). Following is the list of schools evaluated as part of Phase 1:

1. South Pointe Elementary School
2. Miami Beach Fienberg Fisher K-8 Center
3. Miami Beach Senior High School
4. North Beach Elementary School
5. Miami Beach Nautilus Middle School
6. Biscayne Beach Elementary School
7. Mater Beach Academy
8. Hebrew Academy

The Consultant completed the speed and volume data collection which was required to be collected while school is in session. Data was collected for three (3) consecutive school days. The Consultant has analyzed the data collected and prepared a technical report summarizing the findings, field observations, and recommendations, which has been reviewed by City staff. 

Based on the collected traffic volume data and the crash history reviewed, the Phase 1 traffic study found that the 85^th percentile speeds of six (6) of the school zones evaluated exceeded the posted speed limit by more than 10 MPH during one or more school periods, and therefore, are potential candidates for the installation of SDS. The following is a list of school zones (and the corresponding schools) evaluated as part of the Phase 1 traffic study that are potential candidates for the installation of SDS:

1. School Zone 1 – Alton Road from north of 4 Street to 180 feet south of 2 Street (South Pointe Elementary School)
2. School Zone 8 – Dade Boulevard from Prairie Avenue to approximately 23 Street (Miami Beach Senior High School)
3. School Zone 9 – Prairie Avenue from north of Dade Boulevard to approximately 2500 Prairie Avenue (Miami Beach Senior High School)
4. School Zone 10 – 41 Street from east of Alton Road to west of Royal Palm Avenue (North Beach Elementary School)
5. School Zone 14 – Meridian Avenue from 43 Court to north of 41 Street (Miami Beach Nautilus Middle School)
6. School Zone 17 – Pine Tree Drive from 23 Street to approximately 2500 Pine Tree Drive (Hebrew Academy)

As a second phase (“Phase 2 traffic study”), should the City Commission approve, the Transportation and Mobility Department may conduct an evaluation of all remaining school zones within the City to determine if any additional school zones experience speeding and are therefore potential candidates for the installation of SDS.

Pursuant to Florida Statute 316.008(9)(c), “a county or municipality 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 as authorized by this subsection. As part of the public hearing on such proposed ordinance, the county or municipality must consider traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, and the county or municipality 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 pursuant to this subsection.” As such, and in consultation with the City Attorney’s Office, the proposed ordinance will include, at this time, the six (6) school zones where the Phase 1 traffic study found that speeding occurred by more than 10 MPH above the posted speed limit during one or more school periods. If any additional school zones evaluated as part of a Phase 2 traffic study are found to exceed the posted speed limit by more than 10 MPH during one or more school periods, those school zones will be incorporated as an amendment to this ordinance for City Commission consideration at a future date.

LOBBYIST DISCLOSURE

In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): N/A

In the 2022 Miami Beach Resident Survey, 81% of residents expressed concerns with pedestrian safety (vehicles not yielding to pedestrians) when crossing the street at an intersection; 25.1% of residents are dissatisfied with the length of wait time to cross; and 8.4% are concerned about insufficient crossing time during walk phase Over half of the residents surveyed (56.5%) walk as one of their primary modes of transportation within the City.

While approval of this ordinance does not have a fiscal impact, it is important to note that the analysis of additional school zones in the City (i.e. Phase 2 traffic study) would have a fiscal impact in the approximate amount of $100,000 if the traffic study is conducted through one of the City’s rotational transportation consultant contracts. However, if the Phase 2 traffic study is conducted by a contractor selected to implement and administer SDS program services in the City, it could potentially be performed at no cost to the City, subject to contract negotiations. 

Pursuant to City Commission direction received at the June 28, 2023 City Commission meeting, City staff engaged a Consultant to conduct a Phase 1 traffic study to evaluate whether certain selected school zones in the City warrant the installation of SDS. Based on the evaluation of the collected speed data and the crash history reviewed, the study found that the 85^th percentile speeds within six (6) of the school zones evaluated exceeded the posted speed limit by more than 10 MPH during one or more school periods, and therefore, are potential candidates for the installation of SDS.

Pursuant to the City Commission direction received at the December 13, 2023 City Commission meeting, the Administration worked with the City Attorney’s Office to draft an ordinance, as required by Section 316.008(9), Florida Statutes, for the placement and/or installation of SDS for consideration on First Reading at the January 31, 2024 City Commission meeting. The proposed ordinance lists the specific school zones which were found to experience speeding based on the results of the Phase 1 traffic study.

The Administration recommends that the City Commission approve the Ordinance on First Reading and schedule a Second Reading public hearing for the February 21, 2024 City Commission meeting. If approved by the City Commission, the Administration is recommending pursuing a competitive solicitation for these goods and services. Furthermore, if approved, the Administration can conduct an evaluation of all remaining school zones within the City (Phase 2 traffic study) to determine if any additional school zones experience speeding and therefore, are potential candidates for the installation of SDS. Additional school zones meeting the criteria for installation of SDS could be incorporated in the ordinance as part of an amendment for City Commission consideration at a future date.