Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 816
202422
Senate
Comm: 1/RCS
3/11/2008
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House
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The Committee on Transportation (Baker) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. This act may be cited as the "Mark Wandall
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Traffic Safety Act."
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Section 2. Subsection (86) is added to section 316.003,
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Florida Statutes, to read:
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316.003 Definitions.--The following words and phrases,
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when used in this chapter, shall have the meanings respectively
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ascribed to them in this section, except where the context
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otherwise requires:
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(86) TRAFFIC INFRACTION DETECTOR.--A device using a
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vehicle sensor installed to work in conjunction with a traffic
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control signal and a camera that are synchronized to
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automatically record two or more sequenced photographic or
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electronic images or streaming video of only the rear of a motor
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vehicle at the time the vehicle fails to stop behind the stop
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bar or clearly marked stop line when facing a traffic control
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signal steady red light.
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Section 3. Section 316.0083, Florida Statutes, is created
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to read:
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316.0083 Regulation and use of cameras for enforcement of
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provisions of this chapter.--
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(1) The regulation and use of cameras for enforcing the
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provisions of this chapter are expressly preempted to the state.
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(2) The department, the Department of Transportation,
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counties, and municipalities may use traffic infraction
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detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
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driver fails to stop at a traffic signal.
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(3)(a) For purposes of administering this section, the
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department, the Department of Transportation, counties, and
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municipalities may by rule or ordinance authorize a traffic
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infraction enforcement officer to issue a uniform traffic
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citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
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The term "traffic infraction enforcement officer" means the
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designee of the department, the Department of Transportation, a
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county, or a municipality who is authorized to enforce s.
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316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
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a traffic signal. The department, the Department of
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Transportation, counties, and municipalities may designate
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traffic infraction enforcement officers pursuant to s.
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316.640(1).
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(b) A citation issued under this section shall be issued
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by mailing the citation by first-class mail or certified mail,
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return receipt requested, to the address of the registered owner
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of the motor vehicle involved in the violation. Mailing the
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citation to this address constitutes notification. In the case
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of joint ownership of a motor vehicle, the traffic citation
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shall be mailed to the first name appearing on the registration,
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unless the first name appearing on the registration is a
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business organization, in which case the second name appearing
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on the registration may be used. The citation must be mailed to
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the registered owner of the motor vehicle involved in the
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violation within 7 days after the date of the violation. Notice
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of and instructions for accessing a secure website displaying a
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10-second video of the violation shall be provided with the
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citation.
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(c) The owner of the motor vehicle involved in the
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violation is responsible and liable for paying the citation
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issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
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when the driver failed to stop at a traffic signal, unless the
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owner can establish that the motor vehicle was, at the time of
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the violation, in the care, custody, or control of another
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person. In order to establish such facts, the owner of the motor
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vehicle shall, within 14 days after the date of issuance of the
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citation, furnish to the appropriate governmental entity an
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affidavit setting forth:
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1. The name, address, date of birth, and, if known, the
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driver's license number of the person who leased, rented, or
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otherwise had care, custody, or control of the motor vehicle at
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the time of the alleged violation; or
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2. If the vehicle was stolen at the time of the alleged
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offense, the police report indicating that the vehicle was
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stolen.
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Upon receipt of an affidavit, the person designated as having
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care, custody, and control of the motor vehicle at the time of
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the violation may be issued a citation for a violation of s.
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316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
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at a traffic signal. The affidavit is admissible in a proceeding
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pursuant to this section for the purpose of providing proof that
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the person identified in the affidavit was in actual care,
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custody, or control of the motor vehicle. The owner of a leased
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vehicle for which a citation is issued for a violation of s.
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316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
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at a traffic signal is not responsible for paying the citation
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and is not required to submit an affidavit as specified in this
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subsection if the motor vehicle involved in the violation is
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registered in the name of the lessee of such motor vehicle.
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(d) A written report of a traffic infraction enforcement
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officer, along with photographic or electronic images or
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streaming video evidence that a violation of s. 316.074(1) or s.
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316.075(1)(c)1. when the driver failed to stop at a traffic
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signal has occurred, is admissible in any proceeding to enforce
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this section and raises a rebuttable presumption that the motor
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vehicle named in the report or shown in the photographic or
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electronic images or streaming video evidence was used in
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violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
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failed to stop at a traffic signal.
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(4) The submission of a false affidavit is a misdemeanor
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of the second degree, punishable as provided in s. 775.082 or s.
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775.083.
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(5) This section supplements the enforcement of s.
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316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
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when a driver fails to stop at a traffic signal, and this
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section does not prohibit a law enforcement officer from issuing
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a citation for a violation of s. 316.074(1) or s.
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316.075(1)(c)1. when a driver fails to stop at a traffic signal
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in accordance with normal traffic-enforcement techniques.
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(6)(a) The Department of Transportation shall adopt and
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publish minimum specifications for the operation and
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implementation of traffic infraction detectors on the streets
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and highways of the state. The minimum specifications shall,
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insofar as is practicable, conform to the Traffic Engineering
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Manual of the Department of Transportation and shall be revised
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from time to time to include changes necessary to conform to any
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uniform national system or to meet local or state needs. The
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specifications shall include, but need not be limited to, the
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size and purpose of stop bars, the duration time of signal
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phases, the amount of before and after photographic or
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electronic imaging or streaming video needed, yellow light
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duration time, location of the rear tires in relation to the
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stop bar, and mandatory removal of the traffic infraction
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detector if it increases accidents at the intersection by 10
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percent within 1 year after installation. The Department of
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Transportation may call upon representatives of local
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authorities to assist in preparing or revising the uniform
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specifications of traffic infraction detectors.
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(b) All traffic infraction detectors operated or
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implemented in this state by any public body or official must
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conform with the specifications for operation and implementation
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of traffic infraction detectors published by the Department of
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Transportation pursuant to this subsection.
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(c) A public body or official may not operate or implement
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a traffic infraction detector in this state unless it conforms
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to the specifications published by the Department of
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Transportation. A public body may not sell a traffic infraction
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detector to any nongovernmental entity or person.
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(d) Before installing a traffic infraction detector at an
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intersection, a traffic engineer must review and certify that
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all other applicable safety-related engineering measures have
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been considered. Any manufacturer or vendor that operates or
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implements a traffic infraction detector without such
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certification is ineligible to bid or furnish traffic infraction
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detectors to any public body or official for such period of time
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as may be established by the Department of Transportation;
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however, such period of time may not be less than 1 year
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following the date of notification of ineligibility.
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(e) The Department of Transportation may, after a hearing
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pursuant to 14 days' notice, direct the removal of any traffic
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infraction detector wherever located which purportedly fails to
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meet the specifications of this subsection. The public agency
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operating or implementing a traffic infraction detector shall
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immediately remove the traffic infraction detector upon the
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direction of the Department of Transportation and may not, for a
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period of 5 years, install any replacement traffic infraction
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detector unless written prior approval is received from the
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Department of Transportation. Any additional violation by a
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public body or official is cause for withholding state funds for
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traffic control purposes until such public body or official
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demonstrates to the Department of Transportation that it is
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complying with this subsection.
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(f) The Department of Transportation may authorize the
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installation of traffic infraction detectors that are not in
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conformity with the published specifications upon a showing of
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good cause.
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(g) Any traffic infraction detector acquired under a
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contract entered into by a county or municipality before March
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1, 2008, is not required to meet the specifications for
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operation and implementation of traffic infraction detectors
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published by the Department of Transportation pursuant to this
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subsection until July 1, 2013.
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(7) Any manufacturer or vendor desiring to bid for the
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performance of operating or implementing a traffic infraction
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detector must first be qualified by the Department of
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Transportation and without such qualification is ineligible to
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bid or furnish traffic infraction detectors to any public body
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or official in this state. A manufacturer or vendor may not
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receive a fee based upon the number of citations issued.
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Section 4. Paragraph (b) of subsection (1) of section
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316.650, Florida Statutes, is amended to read:
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316.640 Enforcement.--The enforcement of the traffic laws
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of this state is vested as follows:
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(1) STATE.--
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(b)1. The Department of Transportation has authority to
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enforce on all the streets and highways of this state all laws
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applicable within its authority.
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2.a. The Department of Transportation shall develop
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training and qualifications standards for toll enforcement
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officers whose sole authority is to enforce the payment of tolls
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pursuant to s. 316.1001. Nothing in this subparagraph shall be
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construed to permit the carrying of firearms or other weapons,
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nor shall a toll enforcement officer have arrest authority.
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b. For the purpose of enforcing s. 316.1001, governmental
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entities, as defined in s. 334.03, which own or operate a toll
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facility may employ independent contractors or designate
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employees as toll enforcement officers; however, any such toll
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enforcement officer must successfully meet the training and
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qualifications standards for toll enforcement officers
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established by the Department of Transportation.
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3.a The Department of Transportation shall develop
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training and qualifications standards for traffic infraction
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enforcement officers whose sole authority is to enforce s.
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316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
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a traffic signal pursuant to s. 316.0083. This subparagraph does
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not authorize the carrying of firearms or other weapons by a
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traffic infraction enforcement officer and does not authorize a
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traffic infraction enforcement officer to make arrests.
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b. For the purpose of enforcing s. 316.0083, the
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department, the Department of Transportation, counties, and
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municipalities may designate employees as traffic infraction
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enforcement officers; however, any such traffic infraction
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enforcement officer must successfully meet the training and
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qualifications standards for traffic infraction enforcement
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officers established by the Department of Transportation.
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Section 5. Subsection (15) of section 318.18, Florida
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Statutes, is amended to read:
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318.18 Amount of penalties.--The penalties required for a
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noncriminal disposition pursuant to s. 318.14 or a criminal
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offense listed in s. 318.17 are as follows:
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(15)(a) One hundred twenty-five dollars for a violation of
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s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
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stop at a traffic signal and when enforced by a law enforcement
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officer. Sixty dollars shall be distributed as provided in s.
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318.21, and the remaining $65 shall be remitted to the
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Department of Revenue for deposit into the Administrative Trust
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Fund of the Department of Health.
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(b) Sixty dollars for each violation up to three
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violations of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
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has failed to stop at a traffic signal and when enforced by a
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traffic infraction enforcement officer shall be distributed as
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provided in s. 318.21.
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(c) One hundred twenty-five dollars for each violation
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subsequent to the third violation of s. 316.074(1) or s.
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316.075(1)(c)1. when a driver has failed to stop at a traffic
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signal and when enforced by a traffic infraction enforcement
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officer shall be distributed as provided in s. 318.21. Sixty
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dollars shall be distributed as provided in s. 318.21 and the
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remaining $65 shall be remitted to the Department of Revenue for
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deposit into the Administrative Trust Fund of the Department of
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Health.
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No other fees may be charged by any entity for a violation of s.
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316.074(1) or s. 316.075(1)(c)1. when enforced by a traffic
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infraction enforcement officer.
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Section 6. Paragraph (d) of subsection (3) of section
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322.27, Florida Statutes, is amended to read:
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322.27 Authority of department to suspend or revoke
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license.--
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(3) There is established a point system for evaluation of
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convictions of violations of motor vehicle laws or ordinances,
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and violations of applicable provisions of s. 403.413(6)(b) when
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such violations involve the use of motor vehicles, for the
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determination of the continuing qualification of any person to
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operate a motor vehicle. The department is authorized to suspend
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the license of any person upon showing of its records or other
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good and sufficient evidence that the licensee has been
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convicted of violation of motor vehicle laws or ordinances, or
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applicable provisions of s. 403.413(6)(b), amounting to 12 or
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more points as determined by the point system. The suspension
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shall be for a period of not more than 1 year.
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(d) The point system shall have as its basic element a
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graduated scale of points assigning relative values to
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convictions of the following violations:
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1. Reckless driving, willful and wanton--4 points.
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2. Leaving the scene of a crash resulting in property
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damage of more than $50--6 points.
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3. Unlawful speed resulting in a crash--6 points.
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4. Passing a stopped school bus--4 points.
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5. Unlawful speed:
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a. Not in excess of 15 miles per hour of lawful or posted
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speed--3 points.
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b. In excess of 15 miles per hour of lawful or posted
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speed--4 points.
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6. A violation of a traffic control signal device as
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provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
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However, no points shall be imposed for a violation of s.
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316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
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stop at a traffic signal and when enforced by a traffic
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infraction enforcement officer.
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7. All other moving violations (including parking on a
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highway outside the limits of a municipality)--3 points.
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However, no points shall be imposed for a violation of s.
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316.0741 or s. 316.2065(12).
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8. Any moving violation covered above, excluding unlawful
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speed, resulting in a crash--4 points.
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9. Any conviction under s. 403.413(6)(b)--3 points.
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10. Any conviction under s. 316.0775(2)--4 points.
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Section 7. The Department of Highway Safety and Motor
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Vehicles and the Department of Transportation shall jointly
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submit a report on the efficacy of traffic infraction detectors
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in enhancing public safety to the Governor, the President of the
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Senate, and the Speaker of the House of Representatives on or
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before January 1, 2013.
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Section 8. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to uniform traffic control; creating the
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"Mark Wandall Traffic Safety Act"; amending s. 316.003,
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F.S.; defining the term "traffic infraction detector";
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creating s. 316.0083, F.S.; preempting to the state the
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use of cameras to enforce traffic laws; authorizing the
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use of traffic infraction detectors and traffic
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enforcement officers by the Department of Highway Safety
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and Motor Vehicles, the Department of Transportation,
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counties, and municipalities; providing requirements for
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notifying a driver of the issuance of a citation;
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providing that the owner of the motor vehicle involved in
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a violation is responsible and liable for payment of the
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fine assessed; providing exceptions; establishing
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admissibility of evidence as a rebuttable presumption of a
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violation; providing that submission of a false affidavit
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constitutes a second-degree misdemeanor; requiring the
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Department of Transportation to adopt and publish
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specifications relating to the operation and
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implementation of traffic infraction detectors; requiring
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that the specifications conform to certain minimum
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requirements; requiring the certification of a location by
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a traffic engineer before a detector is installed;
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authorizing the Department of Transportation to direct the
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removal of a detector that fails to meet the required
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specifications; authorizing the department to allow the
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installation of a detector that does not conform to the
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required specification upon a showing of good cause;
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exempting certain existing traffic infraction detectors
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from the requirements for meeting the department's
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specifications for a specified period; requiring the
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qualification of vendors by the Department of
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Transportation; amending s. 316.640, F.S.; directing the
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Department of Transportation to develop training and
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qualifications for traffic infraction enforcement
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officers; amending s. 318.18, F.S.; providing for
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penalties and distribution of fines for failing to stop at
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a traffic signal when such violation is enforced by a
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traffic infraction enforcement officer; amending s.
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322.27, F.S.; prohibiting the imposition of points against
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a violator's driver's license for infractions enforced by
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a traffic infraction enforcement officer; directing the
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Department of Highway Safety and Motor Vehicles and the
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Department of Transportation to jointly report the
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efficacy of traffic infraction detectors on or before a
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specified date; providing an effective date.
3/10/2008 8:11:00 AM 596-04582-08
CODING: Words stricken are deletions; words underlined are additions.