Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1184
       
       
       
       
       
       
                                Ì9454724Î945472                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/16/2015           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 189 - 279
    4  and insert:
    5         enacted pursuant to this section. Funds retained by the
    6  county or municipality under this sub-subparagraph shall be used
    7  only for traffic safety initiatives, including costs related to
    8  the administration of the Mark Wandall Traffic Safety Program
    9  under this section. Funds deposited into the Department of
   10  Health Emergency Medical Services Trust Fund under this sub
   11  subparagraph shall be distributed as provided in s. 395.4036(1).
   12  Proceeds of the infractions in the Brain and Spinal Cord Injury
   13  Trust Fund shall be distributed quarterly to the Miami Project
   14  to Cure Paralysis and used for brain and spinal cord research.
   15         4. If a county or municipality fails to comply with the
   16  reporting requirements in subsection (4), as determined by the
   17  department, the department shall annually, on October 1, provide
   18  notice of the failure to the county or municipality. The county
   19  or municipality shall have 30 days from the date of the notice
   20  within which to establish compliance with the reporting
   21  requirements. If compliance is not established within the 30
   22  days, the department shall immediately notify the Department of
   23  Revenue of the county’s or municipality’s noncompliance. In
   24  cases of such noncompliance, notwithstanding subparagraph 3.,
   25  the portion of revenues collected and otherwise retained by the
   26  county or municipality may not be retained but shall be remitted
   27  to the Department of Revenue. The Department of Revenue shall
   28  maintain records of such remissions reflecting the total amount
   29  of revenues received from each noncompliant county or
   30  municipality. On notice from the department that the county or
   31  municipality has established compliance, the Department of
   32  Revenue shall return those revenues to the affected county or
   33  municipality.
   34         5.4. An individual may not receive a commission from any
   35  revenue collected from violations detected through the use of a
   36  traffic infraction detector. A manufacturer or vendor may not
   37  receive a fee or remuneration based upon the number of
   38  violations detected through the use of a traffic infraction
   39  detector.
   40         (4)(a) Each county or municipality that operates a traffic
   41  infraction detector shall submit a report by October 1, 2012,
   42  and annually thereafter, to the department no later than
   43  September 30 of each year which details the results of using the
   44  traffic infraction detector and the procedures for enforcement
   45  for the preceding state fiscal year. The information submitted
   46  by the counties and municipalities must include statistical data
   47  and information required by the department to complete the
   48  report required under paragraph (b), and must include all of the
   49  following:.
   50         1. The name of the jurisdiction and contact information for
   51  the person responsible for the administration of the traffic
   52  infraction detector program.
   53         2. The location of each camera, including both geospatial
   54  and cross-road descriptions of the location of each device.
   55         3. The date that each red light camera became operational,
   56  and the dates of camera operation during the fiscal year,
   57  including any status changes of the camera’s use during the
   58  reporting period.
   59         4. Data related to the issuance and disposition of notices
   60  of violation and subsequent uniform traffic citations issued
   61  during the reporting period.
   62         5. Vehicle crash data, including fatalities and injuries,
   63  for crashes that occurred within a 250-foot radius of the
   64  geospatial coordinates for each traffic infraction detector
   65  during the 12-month period immediately preceding the initial
   66  date of camera operation. Data submitted as required under this
   67  subsection should be able to be validated against department
   68  data.
   69         6. Identification of any and all alternative safety
   70  measures, including increasing the interval between the yellow
   71  change light and the red clearance light, increasing the
   72  visibility of traffic lights, and installing advance dilemma
   73  zone detection systems, which the jurisdiction considered or
   74  implemented during the reporting period in lieu of or in
   75  addition to the use of a traffic infraction detector. The
   76  jurisdiction shall include the date of implementation of any
   77  such measures to assist the department in the analysis of crash
   78  data at a specified location.
   79         Section 3. Subsection (9) of section 316.0745, Florida
   80  Statutes, is amended to read:
   81         316.0745 Uniform signals and devices.—
   82         (9) The Department of Transportation is authorized to
   83  inspect, at random, any traffic control device or any traffic
   84  infraction detector at any intersection with a traffic
   85  infraction detector for the purpose of verifying that such
   86  device and detector conform to the specifications and
   87  requirements of this section.
   88         Section 4. Subsection (1) of section 316.0776, Florida
   89  Statutes, is amended to read:
   90         316.0776 Traffic infraction detectors; placement and
   91  installation.—
   92         (1) Traffic infraction detectors are allowed on state roads
   93  when permitted by the Department of Transportation and under
   94  placement and installation specifications developed by the
   95  Department of Transportation. Traffic infraction detectors are
   96  allowed on streets and highways under the jurisdiction of
   97  counties or municipalities in accordance with placement and
   98  installation specifications developed by the Department of
   99  Transportation. A notice of violation or uniform traffic
  100  citation may not be issued through the use of a traffic
  101  infraction detector that is not in compliance with all
  102  specifications. Additionally, before installation of any traffic
  103  infraction detector, the county or municipality shall document
  104  and make available upon the request of the Department of
  105  Transportation consideration and reasons for rejection of other
  106  engineering countermeasures set forth in the most recent
  107  publication addressing countermeasures by the Institute of
  108  Transportation Engineers that are intended to reduce violations
  109  of ss. 316.074(1) and 316.075(1)(c)1.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Delete lines 9 - 36
  114  and insert:
  115         316.0083, F.S.; relating to traffic infraction
  116         detectors; requiring funds retained by a municipality
  117         or county for traffic infraction detector violations
  118         to be used only for certain purposes; requiring the
  119         Department of Highway Safety and Motor Vehicles to
  120         provide notice of failure to comply with certain
  121         reporting requirements; providing a period within
  122         which to become compliant with such reporting
  123         requirements; requiring the Department of Revenue to
  124         maintain records of such remissions; providing for the
  125         return of certain revenues to a municipality or county
  126         under certain circumstances; requiring the annual
  127         report detailing the results of using traffic
  128         infraction detectors and the procedures for
  129         enforcement to include specified information; amending
  130         s. 316.0745, F.S.; authorizing the Department of
  131         Transportation to randomly inspect any traffic control
  132         device or any traffic infraction detector at certain
  133         locations to verify compliance with certain
  134         specifications and requirements; amending s. 316.0776,
  135         F.S.; prohibiting issuance of a notice of violation or
  136         traffic citation through use of a traffic infraction
  137         detector that is not in compliance with all
  138         specifications; requiring a municipality or county to
  139         document and make available upon request of the
  140         Department of Transportation consideration and
  141         rejection of certain engineering countermeasures
  142         before installing any traffic infraction detector;