Enforcement procedures.
Cape Coral Code of Ordinances § 12-136
in effect§ 12-136 - Enforcement procedures.
(a) General Powers. The Cape Coral 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 system 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 Cape Coral Police Department Chief of Police or designee is responsible for establishing the business rules of procedure between the vendor and the city necessary for implementing this Article.
(b) Review of Speed Detection System Information. Pursuant to F.S. § 316.1896, as may be amended, information captured by a speed detection system shall be reviewed by a law enforcement officer or traffic infraction enforcement officer.
(c) 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.
(d) Notice of Violation. Within 30 days after a violation of this Article, 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.
(e) 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(14)(f).
(f) 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) and 316.0083(5)(e), the Local Hearing Officer shall determine whether a violation under this Article has occurred, in which case the Local Hearing Officer shall uphold or dismiss the violation. The Local Hearing Officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay municipal costs not to exceed $250 per violation. The final administrative order shall be mailed to the petitioner by first-class mail. 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; or
(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.
(g) 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 Lee County Clerk of the Court for disposition by the county court.
(Ord. 39-24, § 2, 6-5-2024)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH12OFMIPR_ARTXVISCZOSPEN_S12-136ENPRFetched: 11/4/2026