Florida Senate - 2012                                     SB 568
       
       
       
       By Senator Wise
       
       
       
       
       5-00609-12                                             2012568__
    1                        A bill to be entitled                      
    2         An act relating to noncriminal traffic infractions;
    3         creating s. 316.0077, F.S.; providing for testing of
    4         certain unattended devices used to enforce traffic
    5         laws; providing that such devices used to enforce
    6         speed limit laws are also subject to specified
    7         provisions; providing civil fines for violations;
    8         amending s. 318.14, F.S.; specifying that, at a
    9         hearing of any charge of a noncriminal traffic
   10         infraction, the burden for proving guilt rests with
   11         the governmental entity bringing the charge;
   12         specifying that a person may not be compelled to be a
   13         witness against himself or herself in any hearing of a
   14         noncriminal traffic infraction; specifying that any
   15         person charged with a violation that involves a
   16         traffic infraction detector or any similar device has
   17         the right to confront any witnesses against him or
   18         her; requiring that evidence obtained from such device
   19         must be authenticated in court by certain persons who
   20         must appear in person and offer direct testimony and
   21         account in writing for any evidence used; providing
   22         for witness compensation pursuant to specified
   23         provisions; providing that a person receiving a notice
   24         of violation involving such device has the option of
   25         paying a fine or requesting a hearing without further
   26         issuance of a traffic citation and may not be charged
   27         a surcharge for requesting the hearing; providing that
   28         there shall be no prosecution of a traffic infraction
   29         based upon evidence from such device and a notice of
   30         violation or citation based on such device is void
   31         unless the device has passed specified accuracy test;
   32         providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 316.0077, Florida Statutes, is created
   37  to read:
   38         316.0077 Unattended traffic law enforcement devices.—
   39         (1)(a) Any traffic infraction detector or similar
   40  unattended device used to enforce the traffic laws of this state
   41  must be tested for accuracy at least once every 6 months. Such
   42  accuracy test shall consist of, at a minimum:
   43         1. The length of time a traffic control device monitored by
   44  the detector or similar device exhibits a yellow signal, if
   45  applicable.
   46         2. The amount of time elapsed, in milliseconds, between the
   47  alleged violation and the capturing of any photograph or video.
   48         3. Real-time verification that the vehicle or device used
   49  for the accuracy test provides a valid test of the response of
   50  the traffic infraction detector or similar unattended device
   51  used to enforce the traffic laws of this state to an actual
   52  potential violator.
   53         (b) Any traffic infraction detector or other unattended
   54  device used to enforce the unlawful speed laws of this state is
   55  also subject to s. 316.1905.
   56         (2) The accuracy checks shall be random and unannounced and
   57  conducted by a private company that does not have any interest
   58  in the outcome of the accuracy check. A government agency or
   59  company that gives away, leases, or sells traffic infraction
   60  detectors or similar unattended devices used to enforce the
   61  traffic laws of this state or any affiliate of such company may
   62  not perform the accuracy check. Any company operating a traffic
   63  infraction detector or similar unattended device used to enforce
   64  the traffic laws of this state shall provide access and
   65  cooperation for the accuracy check, shall pay the costs of the
   66  accuracy check, and may not charge for access.
   67         (3) A person engaged in the process of an accuracy check
   68  does not commit a violation of this chapter unless the check is
   69  conducted in a reckless manner.
   70         (4) A government agency or a company that operates, gives
   71  away, leases, or sells traffic infraction detectors or similar
   72  unattended devices used to enforce the traffic laws of this
   73  state and that violates this section shall pay a civil fine of
   74  not less than $500 per incident to the person aggrieved.
   75         Section 2. Subsection (6) of section 318.14, Florida
   76  Statutes, is amended to read:
   77         318.14 Noncriminal traffic infractions; exception;
   78  procedures.—
   79         (6)(a) The commission of a charged infraction at a hearing
   80  under this chapter must be proved beyond a reasonable doubt.
   81         (b) Notwithstanding any law to the contrary, in any hearing
   82  of a charge of a noncriminal traffic infraction, the burden of
   83  proving guilt rests upon the governmental entity bringing the
   84  charge. A person appearing in any such hearing may not be
   85  compelled to be a witness against himself or herself.
   86         (c) Notwithstanding any law to the contrary, in any
   87  prosecution involving a traffic infraction detector or similar
   88  unattended device used to enforce traffic laws of this state, a
   89  person so charged has the right to confront the witnesses
   90  against him or her. Any evidence obtained from such device must
   91  be authenticated in court by the person receiving or processing
   92  such evidence, any person having reviewed such evidence in order
   93  to make a decision to file a notice of violation, and any person
   94  that issued the notice of violation or traffic citation. An
   95  affidavit is not sufficient to authenticate such evidence, and
   96  such evidence must be accounted for in writing from the time of
   97  the alleged violation until the issuance of a notice of
   98  violation or traffic citation. Compensation of any witness for
   99  the prosecution shall be provided as required in s. 92.143.
  100         (d) Notwithstanding any law to the contrary, a person
  101  receiving a notice of violation involving a traffic infraction
  102  detector or similar unattended device used to enforce traffic
  103  laws of this state has the option of requesting a hearing or
  104  paying a fine. If the person so charged requests a hearing, no
  105  payment or fee may be required prior to conviction and no
  106  further traffic citations may be issued to such person based on
  107  the violation for which a hearing was requested.
  108         (e) There shall be no prosecution of a charge for an
  109  alleged violation based on evidence from a traffic infraction
  110  detector or similar unattended device used to enforce traffic
  111  laws of this state, and a notice of violation or citation based
  112  on such device is void unless the device has passed the accuracy
  113  test specified in s. 316.0077.
  114         Section 3. This act shall take effect upon becoming a law.