Florida Senate - 2014 SB 144
By Senator Brandes
22-00193-14 2014144__
1 A bill to be entitled
2 An act relating to traffic infraction detectors;
3 repealing s. 316.003(87) and (91), F.S., relating to
4 the definitions of “traffic infraction detector” and
5 “local hearing officer”; repealing ss. 316.008(8),
6 316.0083, and 316.00831, F.S., relating to the
7 installation and use of traffic infraction detectors
8 to enforce specified provisions when a driver fails to
9 stop at a traffic signal; removing provisions that
10 authorize the Department of Highway Safety and Motor
11 Vehicles, a county, or a municipality to use such
12 detectors; repealing s. 316.07456, F.S., relating to
13 transitional implementation of such detectors;
14 repealing s. 316.0776, F.S., relating to placement and
15 installation of traffic infraction detectors;
16 repealing s. 318.15(3), F.S., relating to failure to
17 comply with a civil penalty; repealing s. 321.50,
18 F.S., relating to the authorization to use traffic
19 infraction detectors; amending ss. 28.37, 316.640,
20 316.650, 318.14, 318.18, 320.03, and 322.27, F.S.,
21 relating to distribution of proceeds, enforcement by
22 traffic infraction enforcement officers using such
23 detectors, procedures for disposition of citations,
24 compliance, registration and renewal of license
25 plates, and penalties, to conform provisions to
26 changes made by the act; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsections (87) and (91) of section 316.003,
31 Florida Statutes, are repealed.
32 Section 2. Subsection (8) of section 316.008, Florida
33 Statutes, is repealed.
34 Section 3. Section 316.0083, Florida Statutes, is repealed.
35 Section 4. Section 316.00831, Florida Statutes, is
36 repealed.
37 Section 5. Section 316.07456, Florida Statutes, is
38 repealed.
39 Section 6. Section 316.0776, Florida Statutes, is repealed.
40 Section 7. Subsection (3) of section 318.15, Florida
41 Statutes, is repealed.
42 Section 8. Section 321.50, Florida Statutes, is repealed.
43 Section 9. Subsection (5) of section 28.37, Florida
44 Statutes, is amended to read:
45 28.37 Fines, fees, service charges, and costs remitted to
46 the state.—
47 (5) Ten percent of all court-related fines collected by the
48 clerk, except for penalties or fines distributed to counties or
49 municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
50 shall be deposited into the clerk’s Public Records Modernization
51 Trust Fund to be used exclusively for additional clerk court
52 related operational needs and program enhancements.
53 Section 10. Paragraph (b) of subsection (1) and paragraph
54 (a) of subsection (5) of section 316.640, Florida Statutes, are
55 amended to read:
56 316.640 Enforcement.—The enforcement of the traffic laws of
57 this state is vested as follows:
58 (1) STATE.—
59 (b)1. The Department of Transportation has authority to
60 enforce on all the streets and highways of this state all laws
61 applicable within its authority.
62 2.a. The Department of Transportation shall develop
63 training and qualifications standards for toll enforcement
64 officers whose sole authority is to enforce the payment of tolls
65 pursuant to s. 316.1001. Nothing in this subparagraph shall be
66 construed to permit the carrying of firearms or other weapons,
67 nor shall a toll enforcement officer have arrest authority.
68 b. For the purpose of enforcing s. 316.1001, governmental
69 entities, as defined in s. 334.03, which own or operate a toll
70 facility may employ independent contractors or designate
71 employees as toll enforcement officers; however, any such toll
72 enforcement officer must successfully meet the training and
73 qualifications standards for toll enforcement officers
74 established by the Department of Transportation.
75 3. For the purpose of enforcing s. 316.0083, the department
76 may designate employees as traffic infraction enforcement
77 officers. A traffic infraction enforcement officer must
78 successfully complete instruction in traffic enforcement
79 procedures and court presentation through the Selective Traffic
80 Enforcement Program as approved by the Division of Criminal
81 Justice Standards and Training of the Department of Law
82 Enforcement, or through a similar program, but may not
83 necessarily otherwise meet the uniform minimum standards
84 established by the Criminal Justice Standards and Training
85 Commission for law enforcement officers or auxiliary law
86 enforcement officers under s. 943.13. This subparagraph does not
87 authorize the carrying of firearms or other weapons by a traffic
88 infraction enforcement officer and does not authorize a traffic
89 infraction enforcement officer to make arrests. The department’s
90 traffic infraction enforcement officers must be physically
91 located in the state.
92 (5)(a) Any sheriff’s department or police department of a
93 municipality may employ, as a traffic infraction enforcement
94 officer, any individual who successfully completes instruction
95 in traffic enforcement procedures and court presentation through
96 the Selective Traffic Enforcement Program as approved by the
97 Division of Criminal Justice Standards and Training of the
98 Department of Law Enforcement, or through a similar program, but
99 who does not necessarily otherwise meet the uniform minimum
100 standards established by the Criminal Justice Standards and
101 Training Commission for law enforcement officers or auxiliary
102 law enforcement officers under s. 943.13. Any such traffic
103 infraction enforcement officer who observes the commission of a
104 traffic infraction or, in the case of a parking infraction, who
105 observes an illegally parked vehicle may issue a traffic
106 citation for the infraction when, based upon personal
107 investigation, he or she has reasonable and probable grounds to
108 believe that an offense has been committed which constitutes a
109 noncriminal traffic infraction as defined in s. 318.14. In
110 addition, any such traffic infraction enforcement officer may
111 issue a traffic citation under s. 316.0083. For purposes of
112 enforcing s. 316.0083, any sheriff’s department or police
113 department of a municipality may designate employees as traffic
114 infraction enforcement officers. The traffic infraction
115 enforcement officers must be physically located in the county of
116 the respective sheriff’s or police department.
117 Section 11. Paragraphs (a) and (c) of subsection (3) of
118 section 316.650, Florida Statutes, are amended to read:
119 316.650 Traffic citations.—
120 (3)(a) Except for a traffic citation issued pursuant to s.
121 316.1001 or s. 316.0083, each traffic enforcement officer, upon
122 issuing a traffic citation to an alleged violator of any
123 provision of the motor vehicle laws of this state or of any
124 traffic ordinance of any municipality or town, shall deposit the
125 original traffic citation or, in the case of a traffic
126 enforcement agency that has an automated citation issuance
127 system, the chief administrative officer shall provide by an
128 electronic transmission a replica of the citation data to a
129 court having jurisdiction over the alleged offense or with its
130 traffic violations bureau within 5 days after issuance to the
131 violator.
132 (c) If a traffic citation is issued under s. 316.0083, the
133 traffic infraction enforcement officer shall provide by
134 electronic transmission a replica of the traffic citation data
135 to the court having jurisdiction over the alleged offense or its
136 traffic violations bureau within 5 days after the date of
137 issuance of the traffic citation to the violator. If a hearing
138 is requested, the traffic infraction enforcement officer shall
139 provide a replica of the traffic notice of violation data to the
140 clerk for the local hearing officer having jurisdiction over the
141 alleged offense within 14 days.
142 Section 12. Subsection (2) of section 318.14, Florida
143 Statutes, is amended to read:
144 318.14 Noncriminal traffic infractions; exception;
145 procedures.—
146 (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
147 and 316.0083, any person cited for a violation requiring a
148 mandatory hearing listed in s. 318.19 or any other criminal
149 traffic violation listed in chapter 316 must sign and accept a
150 citation indicating a promise to appear. The officer may
151 indicate on the traffic citation the time and location of the
152 scheduled hearing and must indicate the applicable civil penalty
153 established in s. 318.18. For all other infractions under this
154 section, except for infractions under s. 316.1001, the officer
155 must certify by electronic, electronic facsimile, or written
156 signature that the citation was delivered to the person cited.
157 This certification is prima facie evidence that the person cited
158 was served with the citation.
159 Section 13. Subsections (15) and (22) of section 318.18,
160 Florida Statutes, are amended to read:
161 318.18 Amount of penalties.—The penalties required for a
162 noncriminal disposition pursuant to s. 318.14 or a criminal
163 offense listed in s. 318.17 are as follows:
164 (15)(a)1. One hundred and fifty-eight dollars for a
165 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
166 has failed to stop at a traffic signal and when enforced by a
167 law enforcement officer. Sixty dollars shall be distributed as
168 provided in s. 318.21, $30 shall be distributed to the General
169 Revenue Fund, $3 shall be remitted to the Department of Revenue
170 for deposit into the Brain and Spinal Cord Injury Trust Fund,
171 and the remaining $65 shall be remitted to the Department of
172 Revenue for deposit into the Emergency Medical Services Trust
173 Fund of the Department of Health.
174 2. One hundred and fifty-eight dollars for a violation of
175 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
176 stop at a traffic signal and when enforced by the department’s
177 traffic infraction enforcement officer. One hundred dollars
178 shall be remitted to the Department of Revenue for deposit into
179 the General Revenue Fund, $45 shall be distributed to the county
180 for any violations occurring in any unincorporated areas of the
181 county or to the municipality for any violations occurring in
182 the incorporated boundaries of the municipality in which the
183 infraction occurred, $10 shall be remitted to the Department of
184 Revenue for deposit into the Department of Health Emergency
185 Medical Services Trust Fund for distribution as provided in s.
186 395.4036(1), and $3 shall be remitted to the Department of
187 Revenue for deposit into the Brain and Spinal Cord Injury Trust
188 Fund.
189 3. One hundred and fifty-eight dollars for a violation of
190 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
191 stop at a traffic signal and when enforced by a county’s or
192 municipality’s traffic infraction enforcement officer. Seventy
193 five dollars shall be distributed to the county or municipality
194 issuing the traffic citation, $70 shall be remitted to the
195 Department of Revenue for deposit into the General Revenue Fund,
196 $10 shall be remitted to the Department of Revenue for deposit
197 into the Department of Health Emergency Medical Services Trust
198 Fund for distribution as provided in s. 395.4036(1), and $3
199 shall be remitted to the Department of Revenue for deposit into
200 the Brain and Spinal Cord Injury Trust Fund.
201 (b) Amounts deposited into the Brain and Spinal Cord Injury
202 Trust Fund pursuant to this subsection shall be distributed
203 quarterly to the Miami Project to Cure Paralysis and shall be
204 used for brain and spinal cord research.
205 (c) If a person who is mailed a notice of violation or
206 cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
207 enforced by a traffic infraction enforcement officer under s.
208 316.0083, presents documentation from the appropriate
209 governmental entity that the notice of violation or traffic
210 citation was in error, the clerk of court or clerk to the local
211 hearing officer may dismiss the case. The clerk of court or
212 clerk to the local hearing officer may not charge for this
213 service.
214 (d) An individual may not receive a commission or per
215 ticket fee from any revenue collected from violations detected
216 through the use of a traffic infraction detector. A manufacturer
217 or vendor may not receive a fee or remuneration based upon the
218 number of violations detected through the use of a traffic
219 infraction detector.
220 (e) Funds deposited into the Department of Health Emergency
221 Medical Services Trust Fund under this subsection shall be
222 distributed as provided in s. 395.4036(1).
223 (22) In addition to the penalty prescribed under s.
224 316.0083 for violations enforced under s. 316.0083 which are
225 upheld, the local hearing officer may also order the payment of
226 county or municipal costs, not to exceed $250.
227 Section 14. Subsection (8) of section 320.03, Florida
228 Statutes, is amended to read:
229 320.03 Registration; duties of tax collectors;
230 International Registration Plan.—
231 (8) If the applicant’s name appears on the list referred to
232 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
233 713.78(13), a license plate or revalidation sticker may not be
234 issued until that person’s name no longer appears on the list or
235 until the person presents a receipt from the governmental entity
236 or the clerk of court that provided the data showing that the
237 fines outstanding have been paid. This subsection does not apply
238 to the owner of a leased vehicle if the vehicle is registered in
239 the name of the lessee of the vehicle. The tax collector and the
240 clerk of the court are each entitled to receive monthly, as
241 costs for implementing and administering this subsection, 10
242 percent of the civil penalties and fines recovered from such
243 persons. As used in this subsection, the term “civil penalties
244 and fines” does not include a wrecker operator’s lien as
245 described in s. 713.78(13). If the tax collector has private tag
246 agents, such tag agents are entitled to receive a pro rata share
247 of the amount paid to the tax collector, based upon the
248 percentage of license plates and revalidation stickers issued by
249 the tag agent compared to the total issued within the county.
250 The authority of any private agent to issue license plates shall
251 be revoked, after notice and a hearing as provided in chapter
252 120, if he or she issues any license plate or revalidation
253 sticker contrary to the provisions of this subsection. This
254 section applies only to the annual renewal in the owner’s birth
255 month of a motor vehicle registration and does not apply to the
256 transfer of a registration of a motor vehicle sold by a motor
257 vehicle dealer licensed under this chapter, except for the
258 transfer of registrations which includes the annual renewals.
259 This section does not affect the issuance of the title to a
260 motor vehicle, notwithstanding s. 319.23(8)(b).
261 Section 15. Paragraph (d) of subsection (3) of section
262 322.27, Florida Statutes, is amended to read:
263 322.27 Authority of department to suspend or revoke driver
264 license or identification card.—
265 (3) There is established a point system for evaluation of
266 convictions of violations of motor vehicle laws or ordinances,
267 and violations of applicable provisions of s. 403.413(6)(b) when
268 such violations involve the use of motor vehicles, for the
269 determination of the continuing qualification of any person to
270 operate a motor vehicle. The department is authorized to suspend
271 the license of any person upon showing of its records or other
272 good and sufficient evidence that the licensee has been
273 convicted of violation of motor vehicle laws or ordinances, or
274 applicable provisions of s. 403.413(6)(b), amounting to 12 or
275 more points as determined by the point system. The suspension
276 shall be for a period of not more than 1 year.
277 (d) The point system shall have as its basic element a
278 graduated scale of points assigning relative values to
279 convictions of the following violations:
280 1. Reckless driving, willful and wanton—4 points.
281 2. Leaving the scene of a crash resulting in property
282 damage of more than $50—6 points.
283 3. Unlawful speed, or unlawful use of a wireless
284 communications device, resulting in a crash—6 points.
285 4. Passing a stopped school bus—4 points.
286 5. Unlawful speed:
287 a. Not in excess of 15 miles per hour of lawful or posted
288 speed—3 points.
289 b. In excess of 15 miles per hour of lawful or posted
290 speed—4 points.
291 6. A violation of a traffic control signal device as
292 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
293 However, no points shall be imposed for a violation of s.
294 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
295 stop at a traffic signal and when enforced by a traffic
296 infraction enforcement officer. In addition, a violation of s.
297 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
298 stop at a traffic signal and when enforced by a traffic
299 infraction enforcement officer may not be used for purposes of
300 setting motor vehicle insurance rates.
301 7. All other moving violations (including parking on a
302 highway outside the limits of a municipality)—3 points. However,
303 no points shall be imposed for a violation of s. 316.0741 or s.
304 316.2065(11); and points shall be imposed for a violation of s.
305 316.1001 only when imposed by the court after a hearing pursuant
306 to s. 318.14(5).
307 8. Any moving violation covered in this paragraph,
308 excluding unlawful speed and unlawful use of a wireless
309 communications device, resulting in a crash—4 points.
310 9. Any conviction under s. 403.413(6)(b)—3 points.
311 10. Any conviction under s. 316.0775(2)—4 points.
312 11. A moving violation covered in this paragraph which is
313 committed in conjunction with the unlawful use of a wireless
314 communications device within a school safety zone—2 points, in
315 addition to the points assigned for the moving violation.
316 Section 16. This act shall take effect upon becoming a law.