Senate Bill sb2614

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    Florida Senate - 2006                                  SB 2614

    By Senator Wise





    5-1327-06                                           See HB 259

  1                      A bill to be entitled

  2         An act relating to red light violations;

  3         creating s. 316.0065, F.S.; creating the "Mark

  4         Wandall Traffic Safety Act"; providing for a

  5         county or municipality to enforce a traffic

  6         control signal steady red light indication

  7         using a traffic control photographic system;

  8         providing definitions; providing system

  9         capability, design, and implementation

10         requirements; providing for citation of the

11         motor vehicle owner; providing for a civil fee;

12         providing for distribution of moneys collected;

13         requiring payment of a civil fee; providing for

14         exceptions; prohibiting dual enforcement;

15         providing for citation and enforcement;

16         providing for additional fees and costs of

17         collection; providing for distribution of such

18         fees and costs collected; providing procedures

19         and grounds for appeal of citation; providing

20         for admissibility of recorded images as

21         evidence of violation; amending s. 318.121,

22         F.S.; exempting local enforcement under the act

23         from certain civil traffic penalty

24         restrictions; amending s. 318.14, F.S.;

25         exempting local enforcement under the act from

26         certain traffic infraction enforcement

27         procedures; amending s. 322.264, F.S.; revising

28         the definition of the term "habitual traffic

29         offender" to include a certain number of

30         violations of traffic control signal steady red

31         light indication within a certain timeframe;

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1         reenacting ss. 322.27(5) and 322.34(1), (2),

 2         (5), and (8)(a), F.S., relating to the

 3         authority of the Department of Highway Safety

 4         and Motor Vehicles to suspend or revoke a

 5         driver license and driving while a driver

 6         license is suspended, revoked, canceled, or

 7         disqualified, for the purpose of incorporating

 8         the amendment to s. 322.264, F.S., in

 9         references thereto; providing for severability;

10         providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 316.0065, Florida Statutes, is

15  created to read:

16         316.0065  Local enforcement of red light violations.--

17         (1)  SHORT TITLE.--This section may be cited as the

18  "Mark Wandall Traffic Safety Act."

19         (2)  PURPOSE.--It is the intent of the Legislature to

20  provide counties and municipalities the right to enact local

21  laws for the automated enforcement of violations of steady red

22  light traffic signals within their jurisdictions.

23         (3)  DEFINITIONS.--As used in this section, except when

24  the context otherwise requires, the term:

25         (a)  "Citation" means the printed notice of a violation

26  that is recorded by a traffic control photographic system.

27         (b)  "Traffic control photographic program" means the

28  selection, placement, utilization, and maintenance of a

29  traffic control photographic system at an intersection

30  utilizing a steady red light traffic signal.

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1         (c)  "Traffic control photographic system" means a

 2  device capable of recording a motor vehicle traveling through

 3  an intersection in violation of a traffic control signal

 4  steady red light indication.

 5         (4)  GENERAL PROVISIONS.--

 6         (a)  Notwithstanding s. 316.0745, each municipality and

 7  county has the right to establish a traffic control

 8  photographic program within its jurisdiction pursuant to the

 9  provisions of this section.

10         (b)  The traffic control photographic system must be

11  capable of recording at least two color digital images such

12  that the images record the rear of a motor vehicle, with at

13  least one of the images clearly recording the motor vehicle

14  behind the stop bar on a steady red light traffic signal

15  during the time the light is red and at least one image

16  recording the motor vehicle entering the intersection in

17  violation of the steady red light traffic signal.

18  Additionally, at least one of the images must clearly identify

19  the registration plate of the motor vehicle.

20         (c)  The traffic control photographic system must be

21  designed and implemented so that it does not record a motor

22  vehicle as violating a steady red light traffic signal unless

23  the red light traffic signal was preceded by a steady yellow

24  light traffic signal that was displayed for a minimum of 3

25  seconds before such time as the signal became a steady red

26  light traffic signal.

27         (d)  The traffic control photographic system must be

28  implemented so that it solely records images of motor vehicles

29  violating the steady red light traffic signal. It shall not be

30  implemented in a manner to record images of general traffic

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1  conditions or activities occurring within the intersection or

 2  surrounding areas.

 3         (5)  OFFENSE AND CIVIL PENALTY.--

 4         (a)  A violation of s. 316.075 by any motor vehicle

 5  entering an intersection while facing a steady red light

 6  traffic signal may be cited as a violation under this section

 7  when the violation is recorded by a traffic control

 8  photographic system.

 9         (b)  A violation cited under this section shall be

10  deemed a noncriminal, moving violation for which, in addition

11  to the penalties and charges assessed under s. 318.18, a $65

12  civil fee will be assessed against the motor vehicle owner.

13         (c)  Notwithstanding s. 318.21, upon collection, $60 of

14  the fee assessed under paragraph (b) shall be remitted to the

15  Department of Revenue for deposit into the Department of

16  Health Administrative Trust Fund to be used for trauma

17  services and $5 shall be retained by the enforcing

18  municipality or county.

19         (d)  The owner of a motor vehicle cited under this

20  section shall be responsible for paying the civil fee for the

21  violation, except under the following circumstances:

22         1.  The owner of a motor vehicle cited under this

23  section which was being operated without the permission of the

24  owner shall not be responsible for paying the fee for the

25  violation. This exception only applies if the motor vehicle

26  owner signs and submits an affidavit to the enforcing

27  municipality or county, within 21 days after receipt of the

28  citation, which specifically provides that the operator of the

29  motor vehicle was operating the motor vehicle without the

30  permission of the motor vehicle owner and lists the full legal

31  name, current address, and driver license number of the

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1  operator of the motor vehicle and how the operator came into

 2  possession of the motor vehicle, or the affidavit has attached

 3  thereto a stolen motor vehicle report that has been filed with

 4  a law enforcement agency.

 5         2.  If the driver of a motor vehicle is issued a

 6  citation by a law enforcement officer for violating a steady

 7  red light traffic signal, the motor vehicle owner may not be

 8  issued a separate citation pursuant to this section as a

 9  result of the traffic control photographic system recording

10  the same violation.

11         (6)  CITATION.--

12         (a)  The citation must be printed on a uniform citation

13  form that must provide the following:

14         1.  The name and address of the motor vehicle owner.

15         2.  The registration number of the motor vehicle

16  involved in the violation.

17         3.  Citations of this section and the local law

18  violated.

19         4.  The location of the intersection where the

20  violation occurred.

21         5.  The date and time of the violation.

22         6.  A copy of the recorded image of the violation.

23         7.  The amount of the fee and charges imposed and the

24  date by which the fee and charges must be paid or appealed.

25         8.  That a traffic infraction enforcement officer, as

26  described in s. 316.640, has reviewed and observed the

27  recorded images evidencing the red light infraction and has

28  found reasonable and probable grounds to believe that an

29  offense has been committed and can identify the license tag

30  number of the violating vehicle.

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1         9.  A clear statement of the time limit to file an

 2  appeal and describing the procedure for appealing the

 3  citation.

 4         10.  A clear statement describing the penalty for

 5  failing to pay the fee or appeal the citation.

 6         (b)  The citation shall be sent by regular first-class

 7  or certified mail to the address of the motor vehicle owner

 8  that is listed with the department as the titled owner of the

 9  motor vehicle. If there is more than one motor vehicle owner,

10  the citation shall be sent to the first-named motor vehicle

11  owner as listed with the department as the titled owner of the

12  motor vehicle.

13         (c)  If the motor vehicle owner does not pay the fee,

14  and the enforcing municipality or county is required to

15  personally serve the citation for signature and acceptance, in

16  addition to the $65 civil fee under paragraph (5)(b) and the

17  penalties and charges under chapter 318, the motor vehicle

18  owner shall be responsible for paying an additional $25 for

19  the violation which shall be retained by the enforcing

20  municipality or county.

21         (d)  Failure to pay the fee or file an appeal within 30

22  days after the motor vehicle owner signs and accepts the

23  citation shall result in the motor vehicle owner paying the

24  costs and attorney's fees required to collect the fee in

25  addition to any other fees and charges. The collection process

26  under this paragraph shall be the same as used by the

27  enforcing municipality or county to collect a parking fine. If

28  the motor vehicle owner files an appeal and is unsuccessful,

29  the motor vehicle owner shall be responsible for paying the

30  costs and attorney's fees required to collect the fee,

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1  including costs of the appeal, in addition to any other fees

 2  and charges.

 3         (e)  Notwithstanding s. 318.21, the additional $25 fee

 4  under paragraph (c) and all costs under paragraph (d) shall,

 5  upon collection, be retained by the enforcing municipality or

 6  county.

 7         (7)  APPEAL.--

 8         (a)  A notice of appeal must be filed within 21 days

 9  after the motor vehicle owner signs and accepts the citation,

10  which day begins to run on the date of signature and

11  acceptance. Failure to give notice of appeal within this time

12  period shall constitute a waiver of the right to contest the

13  citation.

14         (b)  The motor vehicle owner receiving a citation may

15  contest the citation on the following grounds:

16         1.  At the time of the violation, the motor vehicle was

17  being operated without the permission of the motor vehicle

18  owner. This exception only applies if the motor vehicle owner

19  signs and submits an affidavit to the enforcing municipality

20  or county, within 21 days after receipt of the citation, which

21  specifically provides that the operator of the motor vehicle

22  was operating the motor vehicle without the permission of the

23  motor vehicle owner and lists the full legal name, current

24  address, and driver license number of the operator of the

25  motor vehicle and how the operator came into possession of the

26  motor vehicle, or the affidavit has attached thereto a stolen

27  motor vehicle report that has been filed with a law

28  enforcement agency;

29         2.  The motor vehicle driver was issued a citation by a

30  law enforcement officer, which was separate and distinct from

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1  the citation issued under this section, for violating the

 2  steady red light traffic signal;

 3         3.  The motor vehicle driver was required to violate

 4  the steady red light traffic signal in order to comply with

 5  other governing laws;

 6         4.  The motor vehicle driver was required to violate

 7  the steady red light traffic signal in order to reasonably

 8  protect the property or person of another;

 9         5.  The steady red light traffic signal was inoperable

10  or malfunctioning; or

11         6.  Any other reason the trier of fact deems

12  appropriate.

13         (c)  Appeals shall be considered through the same

14  process established by the enforcing municipality or county

15  for appealing parking citations.

16         (d)  The recorded images of the violation shall be

17  admissible as evidence of the violation.

18         Section 2.  Section 318.121, Florida Statutes, is

19  amended to read:

20         318.121  Preemption of additional fees, fines,

21  surcharges, and costs.--Notwithstanding any general or special

22  law, or municipal or county ordinance, additional fees, fines,

23  surcharges, or costs other than the court costs and surcharges

24  assessed under s. 318.18(11) and (13) may not be added to the

25  civil traffic penalties assessed in this chapter. This section

26  shall not apply to the fees and charges assessed by a county

27  or municipality under s. 316.0065 to enforce violations of a

28  traffic control signal steady red light indication.

29         Section 3.  Subsections (1) and (2) of section 318.14,

30  Florida Statutes, are amended to read:

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1         318.14  Noncriminal traffic infractions; exception;

 2  procedures.--

 3         (1)  Except as provided in ss. 316.0065, 318.17, and

 4  320.07(3)(c), any person cited for a violation of chapter 316,

 5  s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1),

 6  s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or s.

 7  1006.66(3) is charged with a noncriminal infraction and must

 8  be cited for such an infraction and cited to appear before an

 9  official. If another person dies as a result of the

10  noncriminal infraction, the person cited may be required to

11  perform 120 community service hours under s. 316.027(4), in

12  addition to any other penalties.

13         (2)  Except as provided in ss. 316.0065 and s.

14  316.1001(2), any person cited for an infraction under this

15  section must sign and accept a citation indicating a promise

16  to appear. The officer may indicate on the traffic citation

17  the time and location of the scheduled hearing and must

18  indicate the applicable civil penalty established in s.

19  318.18.

20         Section 4.  Section 322.264, Florida Statutes, is

21  amended to read:

22         322.264  "Habitual traffic offender" defined.--A

23  "habitual traffic offender" is any person whose record, as

24  maintained by the Department of Highway Safety and Motor

25  Vehicles, shows that such person has accumulated the specified

26  number of convictions for offenses described in subsection (1)

27  or subsection (2) within a 5-year period or the specified

28  number of convictions for offenses described in subsection (3)

29  within a 3-year period:

30         (1)  Three or more convictions of any one or more of

31  the following offenses arising out of separate acts:

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1         (a)  Voluntary or involuntary manslaughter resulting

 2  from the operation of a motor vehicle;

 3         (b)  Any violation of s. 316.193, former s. 316.1931,

 4  or former s. 860.01;

 5         (c)  Any felony in the commission of which a motor

 6  vehicle is used;

 7         (d)  Driving a motor vehicle while his or her license

 8  is suspended or revoked;

 9         (e)  Failing to stop and render aid as required under

10  the laws of this state in the event of a motor vehicle crash

11  resulting in the death or personal injury of another; or

12         (f)  Driving a commercial motor vehicle while his or

13  her privilege is disqualified.

14         (2)  Fifteen convictions for moving traffic offenses

15  for which points may be assessed as set forth in s. 322.27,

16  including those offenses in subsection (1).

17         (3)  Three convictions under s. 316.0065 or s. 316.075

18  for a violation of a traffic control signal steady red light

19  indication.

20  

21  Any violation of any federal law, any law of another state or

22  country, or any valid ordinance of a municipality or county of

23  another state similar to a statutory prohibition specified in

24  subsection (1), or subsection (2), or subsection (3) shall be

25  counted as a violation of such prohibition. In computing the

26  number of convictions, all convictions during the 5 years

27  previous to July 1, 1972, will be used, provided at least one

28  conviction occurs after that date. The fact that previous

29  convictions may have resulted in suspension, revocation, or

30  disqualification under another section does not exempt them

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1  from being used for suspension or revocation under this

 2  section as a habitual offender.

 3         Section 5.  For the purpose of incorporating the

 4  amendment made by this act to section 322.264, Florida

 5  Statutes, in a reference thereto, subsection (5) of section

 6  322.27, Florida Statutes, is reenacted to read:

 7         322.27  Authority of department to suspend or revoke

 8  license.--

 9         (5)  The department shall revoke the license of any

10  person designated a habitual offender, as set forth in s.

11  322.264, and such person shall not be eligible to be

12  relicensed for a minimum of 5 years from the date of

13  revocation, except as provided for in s. 322.271. Any person

14  whose license is revoked may, by petition to the department,

15  show cause why his or her license should not be revoked.

16         Section 6.  For the purpose of incorporating the

17  amendment made by this act to section 322.264, Florida

18  Statutes, in references thereto, subsections (1), (2), and (5)

19  and paragraph (a) of subsection (8) of section 322.34, Florida

20  Statutes, are reenacted to read:

21         322.34  Driving while license suspended, revoked,

22  canceled, or disqualified.--

23         (1)  Except as provided in subsection (2), any person

24  whose driver's license or driving privilege has been canceled,

25  suspended, or revoked, except a "habitual traffic offender" as

26  defined in s. 322.264, who drives a vehicle upon the highways

27  of this state while such license or privilege is canceled,

28  suspended, or revoked is guilty of a moving violation,

29  punishable as provided in chapter 318.

30         (2)  Any person whose driver's license or driving

31  privilege has been canceled, suspended, or revoked as provided

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1  by law, except persons defined in s. 322.264, who, knowing of

 2  such cancellation, suspension, or revocation, drives any motor

 3  vehicle upon the highways of this state while such license or

 4  privilege is canceled, suspended, or revoked, upon:

 5         (a)  A first conviction is guilty of a misdemeanor of

 6  the second degree, punishable as provided in s. 775.082 or s.

 7  775.083.

 8         (b)  A second conviction is guilty of a misdemeanor of

 9  the first degree, punishable as provided in s. 775.082 or s.

10  775.083.

11         (c)  A third or subsequent conviction is guilty of a

12  felony of the third degree, punishable as provided in s.

13  775.082, s. 775.083, or s. 775.084.

14  

15  The element of knowledge is satisfied if the person has been

16  previously cited as provided in subsection (1); or the person

17  admits to knowledge of the cancellation, suspension, or

18  revocation; or the person received notice as provided in

19  subsection (4). There shall be a rebuttable presumption that

20  the knowledge requirement is satisfied if a judgment or order

21  as provided in subsection (4) appears in the department's

22  records for any case except for one involving a suspension by

23  the department for failure to pay a traffic fine or for a

24  financial responsibility violation.

25         (5)  Any person whose driver's license has been revoked

26  pursuant to s. 322.264 (habitual offender) and who drives any

27  motor vehicle upon the highways of this state while such

28  license is revoked is guilty of a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.

31  

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    Florida Senate - 2006                                  SB 2614
    5-1327-06                                           See HB 259




 1         (8)(a)  Upon the arrest of a person for the offense of

 2  driving while the person's driver's license or driving

 3  privilege is suspended or revoked, the arresting officer shall

 4  determine:

 5         1.  Whether the person's driver's license is suspended

 6  or revoked.

 7         2.  Whether the person's driver's license has remained

 8  suspended or revoked since a conviction for the offense of

 9  driving with a suspended or revoked license.

10         3.  Whether the suspension or revocation was made under

11  s. 316.646 or s. 627.733, relating to failure to maintain

12  required security, or under s. 322.264, relating to habitual

13  traffic offenders.

14         4.  Whether the driver is the registered owner or

15  coowner of the vehicle.

16         Section 7.  If any provision of this act or its

17  application to any person or circumstance is held invalid, the

18  invalidity does not affect other provisions or applications of

19  this act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are declared severable.

22         Section 8.  This act shall take effect upon becoming a

23  law.

24  

25  

26  

27  

28  

29  

30  

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