Cory Lakes CDD

After reading the legal opinion concerning the restrictions on us enforcing the speed limit via our camera system it seems to me that we have to look at the results.
We bought a system that is not working yet. We are paying a great amount to the cable company. W can not enforce anything against the speeders even if the system works.
I spoke against this before I was on the Board and thought if was not legal for us to enforce.
Therefore, I am suggesting we find a way out of our contracts and save our money. Why spend money if it does nothing.

David,

I have a system in place with Envera to get the information needed. Even if the system doesn't yet give a picture of the vehicle, since Envera has to pull the tag info anyway,
I give them the exact date and time of the infraction per the capture alert and they pull the needed picture and tag information.

I had received several of these reports from Envera and was waiting on the proper wording of the notice when Vivek advised we couldn't fine or withhold privileges for traffic violations.

I am waiting to see what other options we have.

TPD has said they would be more than happy to review any infractions we catch and depending on severity, pay a visit to the offender and let them know they will be closely monitored moving forward.

If we don't have any other options, then we can put the tag cam at one of the exit gates and use the other two cameras at the other amenities.

Just an option for the equipment already purchased that fits into the long term plans already being discussed.

I'm a bit confused over this, as we've heard that other communities withhold privileges. What is the issue with making offenders use the Visitor entrance vs the resident?

Can the legal statement be posted/attached so it can be reviewed by residents?

Here is the legal reply.
David

From: Vivek K. Babbar [mailto:VBabbar@srvlegal.com]
Sent: Wednesday, May 3, 2017 4:33 PM
To: Chuck Adams <adamsc@whhassociates.com>
Subject: Cory Lakes: Research on Penalizing Resident and Restricting Access for Speeding

Hi Chuck,

After researching the issue, I do not believe the Cory Lakes CDD can penalize residents for speeding by disabling their vehicular access to the resident only portion of the entrance gates:

1. Section 316.189, Florida Statutes (http://www.leg.state.fl.us/Statutes/ind ... 6.189.html) governs speed zones. This section governs the City of Tampa in legislating the speed zones within the City’s jurisdiction. Subsection (4) of this statute clearly requires that any violation of speed limits must be cited as a moving violation, and thus it preempts any other form of penalty.
2. Section 316.189, Florida Statutes (http://www.leg.state.fl.us/Statutes/ind ... 6.640.html) only authorizes the state, county, and cities to enforce the traffic laws.
3. Section 316.189, Florida Statutes (http://www.leg.state.fl.us/Statutes/ind ... 6.008.html) specifically enumerates the powers of local authorities (it only mentions the state, county, and city forms of government) over traffic laws, but in the very first line it ties the powers to the reasonable exercise of police powers.
4. Chapter 190 does not grant the CDD any powers to enforce traffic law and it specifically excludes police powers from the CDD’s enumerated powers.

Please let me know if there are any questions. Thanks,

Vivek

Vivek K. Babbar
Attorney at Law
Straley Robin Vericker

Greetings to All,

Ever since I have been on the Board the the original goal of the Board was to 1) Identify the speeders 2) Have the speeders photos/tags/picture of vehicle on "wall of shame" on electronic board at both entrances or at the Club House.

During subsequent discussion a suggestion came from an audience (Mrs. Burman) about disabling speeders automatic entry privileges and immediately the entire Board latched on the idea with a condition that it was legal.

Now that the legal opinion came back, I still feel that once we identify the speeders a letter for the first offence and a visit from the law enforcement officer would be an effective tool.

I would like to see discussions on this topic.