SCHOOL ZONE SPEED ENFORCEMENT

Cape Coral Code of Ordinances ch. 12, art. XVI

in effect

Cape Coral Code of Ordinances § 12-131 Purpose and Intent.

§ 12-131 - Purpose and Intent. The purpose and intent of this Article is to protect the health, safety, and welfare of city residents by authorizing the placement or installation and use of speed detection systems on roadways maintained as a school zone as authorized under F.S. § 316.008, pursuant to F.S. § 316.1895, within the jurisdiction of the city, to promote compliance with speed limits in school zones, and to adopt a quasi-judicial system to enforce violations. This Article provides a supplemental means of enforcing unlawful speed violations in school zones and shall not prohibit a law enforcement officer from issuing a uniform traffic citation for a traffic violation in accordance with F.S. Ch. 316. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-132 Definitions.

§ 12-132 - Definitions. For the purposes of this Article, the following terms shall have the meanings given below: (a) HEARING PROCEDURES shall mean the procedures set forth under F.S. § 316.1896, governing noticing, scheduling, and conducting hearings before a Local Hearing Officer. (b) LAW ENFORCEMENT OFFICER shall mean, as defined by F.S. § 943.10(1), any person who is elected, appointed, or employed full time by a municipality or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. (c) LOCAL HEARING OFFICER shall mean the Special Magistrate(s), as codified in Chapter 2, §2-83, Cape Coral Code of Ordinances, or other city appointee as permitted by law and as established by the City Council through a resolution. (d) MOTOR VEHICLE shall mean, as defined by F.S. § 316.003, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped. (e) NOTICE OF VIOLATION shall mean the written notification sent to the registered owner of a vehicle after a school zone speed infraction by that vehicle has been captured by a speed detection system and thereafter reviewed and approved by a law enforcement officer or traffic infraction enforcement officer. A notice of violation must be in the form and include the contents prescribed by F.S. § 316.1896, as it may be amended. (f) SCHOOL ZONE shall mean that portion of a street or highway established as a school zone pursuant to F.S. § 316.1895, as it may be amended. (g) SCHOOL ZONE SPEED ENFORCEMENT PROGRAM shall mean the regulations and procedures governing the use of speed detection systems on roadways maintained as a school zone within the jurisdiction of the city, as provided for by applicable law and established by this section. (h) SCHOOL ZONE SPEED INFRACTION shall mean a violation of F.S. § 316.183 or F.S. § 316.1895, captured by a speed detection system on a roadway maintained as a school zone during the hours provided for by applicable law and set forth in this section. (i) SCHOOL ZONE SPEED LIMIT shall mean the regularly posted or reduced posted speed limit within a school zone pursuant to F.S. § 316.1895. (j) SPEED DETECTION SYSTEM shall mean a portable or fixed automated system used to detect a motor vehicle's speed using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. This term is synonymous with the term "Speed Detection System" defined in F.S. § 316.003(83), as it may be amended. (k) TRAFFIC INFRACTION ENFORCEMENT OFFICER shall mean a person who meets the qualifications established by F.S. § 316.640, as it may be amended. (l) UNIFORM TRAFFIC CITATION shall mean the citation issued to the registered owner of a vehicle for a school zone speed infraction, in the form and including the contents prescribed by F.S. §§ 316.1896 and 316.650, as it may be amended. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-133 Program administration.

§ 12-133 - Program administration. (a) The City Manager or City Manager's designee, in cooperation with the Cape Coral Police Department and any necessary city staff as determined by the City Manager or City Manager's designee, and any approved vendor and its employees and agents, are empowered to administer and assist with the city's school zone speed enforcement program, consistent with the provisions of Chapter 2023-174, Laws of Florida, subject to any other applicable state law, this Article, and all corresponding City Council resolutions. This Article shall further enable the city to enter into agreements with one or more vendors to place or install speed detection systems and carry out services consistent with the implementation and enforcement of the provisions of Chapter 2023-174, Laws of Florida. (b) As permitted and defined by applicable law and corresponding resolution adopted by the City Council, the city may designate its Special Magistrate(s), or other city appointee, as its Local Hearing Officer, who shall have jurisdiction to conduct proceedings in accordance with Chapter 2023-174, Laws of Florida, and F.S. § 316.1896, as such may be amended from time to time. (c) In accordance with Chapter 2023-174, Laws of Florida, and F.S. § 316.1896, as may be amended, the City Council shall designate by resolution existing city staff to serve as the clerk to the Local Hearing Officer. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-134 Program implementation requirements.

§ 12-134 - Program implementation requirements. (a) Vendor Contract. Pursuant to F.S. § 316.0776, before the city contracts or renews a contract to place or install a speed detection system in a school zone, the contract or contract renewal must be approved by the City Council at a regular or special City Council meeting. The contract or contract renewal may not be heard on the consent agenda and the public must be allowed to comment pursuant to the city's public comment policies. (b) Installation and Operation of Speed Detection Systems. Pursuant to F.S. §§ 316.008 and 316.0776, speed detection systems may be installed and operated only in the school zones designated by this section, or subsequent amendments thereto. (c) Signage Requirements. The installation and operation of speed detection systems, including required signage, shall be in accordance with F.S. Ch. 316, all applicable regulations of the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, and the terms of any Memorandum of Understanding or other written agreement that may be entered into between Cape Coral Police Department and/or the city and its vendor(s). (d) Public Awareness. Pursuant to F.S. § 316.0776, before notices of violation for school zone speed infractions may be issued, a public announcement and 30-day public awareness campaign of the initial proposed use of speed detection systems must be conducted. During the 30-day public awareness campaign, only a warning may be issued to the registered owner for a school speed zone infraction and a fine shall not be imposed. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-135 Designation of school zones.

§ 12-135 - Designation of school zones. Having considered evidence at a public hearing supporting the installation and operation of speed detection systems on certain roadways maintained as school zones within the jurisdiction of the city, the school zones on the roadways surrounding the following schools constitute a heightened safety risk that warrants additional enforcement measures by installation or placement of speed detection systems pursuant to F.S. § 316.008. Subsequent speed detection systems may be approved for inclusion or removal via amendment to this section in accordance with applicable law. Ida S. Baker High School 3500 Agualinda Blvd. Challenger Middle School 624 Trafalgar Pkwy. Diplomat Middle School 1039 NE 16th Ter. Mariner Middle School 425 Chiquita Blvd. N. Trafalgar Middle School 2120 Trafalgar Pkwy. Cape Elementary School 4519 Vincennes Blvd. Diplomat Elementary School 1115 NE 16th Ter. Gulf Elementary School 3400 SW 17th Pl. Oasis Charter Elementary School (North) 2817 SW 3rd Ln. Patriot Elementary School 711 SW 18th St. Pelican Elementary School 3525 SW 3rd Ave. Skyline Elementary School 620 SW 19th St. Trafalgar Elementary School 1850 SW 20th Ave. Heritage Charter Academy of Cape Coral 2107 Santa Barbara Blvd. St. Andrews Catholic School 1509 SE 27th St. Nicaea Academy of Cape Coral 3221 Chiquita Blvd. S. Cape Coral Christian School 811 Santa Barbara Blvd. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-136 Enforcement procedures.

§ 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)

Cape Coral Code of Ordinances § 12-137 Collection of evidence, public records, and retention requirements.

§ 12-137 - Collection of evidence, public records, and retention requirements. In accordance with F.S. § 316.1896(15), a speed detection system in a school zone may not be used for remote surveillance. The collection of evidence by a speed detection system to enforce violations of F.S. §§ 316.1895 and 316.183, pursuant to this Article, or user-controlled pan or tilt adjustments of speed detection components, do not constitute remote surveillance. Recorded video or photographs collected as part of a speed detection system in a school zone may only be used to document violations of F.S. §§ 316.1895 and 316.183, and for purposes of determining criminal or civil liability for incidents captured by the speed detection system incidental to the permissible use of the speed detection system, pursuant to F.S. §§ 316.1896. Any recorded video or photograph obtained via a speed detection system must be destroyed within 90 days after the final disposition of the recorded event, pursuant to F.S. § 316.1896. Written notice that such records have been destroyed must be provided by December 31 of each year to the city by its speed detection system vendor. All public records related to the administration of this Article must be maintained in accordance with Florida law and all requests for such records must be addressed in accordance with F.S. Ch. 119, and any other applicable state law. In order to provide fair and even enforcement of school zone speeds, the city elects to utilize video-based enforcement over "still-photograph" enforcement for the dual purposes of reducing camera obstructions and for the benefit of having lane-specific video, which may be used for determining civil or criminal liability for incidents captured incidental to speed enforcement, in accordance with F.S. § 316.1896(15)(a). (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-138 Annual reporting requirements.

§ 12-138 - Annual reporting requirements. The city, with the assistance of the Cape Coral Police Department and/or the vendor, will annually report on the city's school zone speed enforcement program to the public and to the Florida Department of Highway Safety and Motor Vehicles in accordance with F.S. §§ 316.0776(3)(c) and 316.1896, as they may be amended. Pursuant to F.S. § 316.0776 (3)(c), the compliance or sufficiency of compliance with this requirement may not be raised in a proceeding challenging a notice of violation for a school zone speed infraction. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-139 Collected fines and costs.

§ 12-139 - Collected fines and costs. All fines and costs collected pursuant to this Article must be remitted in accordance with F.S. §§ 316.1896 and 318.18, and any other relevant state law. (Ord. 39-24, § 2, 6-5-2024)

Cape Coral Code of Ordinances § 12-140 School crossing guard recruitment and retention program.

§ 12-140 - School crossing guard recruitment and retention program. Pursuant to F.S. § 316.1894, as may be amended, the law enforcement agency having jurisdiction over a municipality conducting a school zone speed detection system program authorized by F.S. § 316.008(9), must use funds generated pursuant to F.S. § 316.1896(5)(e), from the school zone speed detection system program to administer the School Crossing Guard Recruitment and Retention Program. Such program may provide recruitment and retention stipends to crossing guards at K-12 public schools, including charter schools, or stipends to third parties for the recruitment of new crossing guards. The School Crossing Guard Recruitment and Retention Program must be designed and managed at the discretion of the law enforcement agency. The Chief of Police, or his or her designee, shall administer the School Crossing Guard Recruitment and Retention Program. (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_ARTXVISCZOSPENFetched: 11/4/2026