Florida Senate - 2016 CS for SB 168
By the Committee on Transportation; and Senators Brandes and
Flores
596-03039-16 2016168c1
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, provisions that authorize
10 the Department of Highway Safety and Motor Vehicles, a
11 county, or a municipality to use such detectors, and
12 the distribution of penalties collected for specified
13 violations; repealing s. 316.07456, F.S., relating to
14 transitional implementation of such detectors;
15 repealing s. 316.0776, F.S., relating to placement and
16 installation of traffic infraction detectors;
17 repealing s. 318.15(3), F.S., relating to failure to
18 comply with a civil penalty; repealing s. 321.50,
19 F.S., relating to the authorization to use traffic
20 infraction detectors; amending ss. 28.37, 316.640,
21 316.650, 318.121, 318.14, 318.18, 320.03, and 322.27,
22 F.S., relating to distribution of proceeds,
23 enforcement by traffic infraction enforcement officers
24 using such detectors, procedures for disposition of
25 citations, preemption of additional fees or
26 surcharges, compliance, amount of penalties,
27 registration and renewal of license plates, and points
28 assessed for certain violations, to conform provisions
29 to changes made by the act; providing an effective
30 date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsections (87) and (91) of section 316.003,
35 Florida Statutes, are repealed.
36 Section 2. Subsection (8) of section 316.008, Florida
37 Statutes, is repealed.
38 Section 3. Section 316.0083, Florida Statutes, is repealed.
39 Section 4. Section 316.00831, Florida Statutes, is
40 repealed.
41 Section 5. Section 316.07456, Florida Statutes, is
42 repealed.
43 Section 6. Section 316.0776, Florida Statutes, is repealed.
44 Section 7. Subsection (3) of section 318.15, Florida
45 Statutes, is repealed.
46 Section 8. Section 321.50, Florida Statutes, is repealed.
47 Section 9. Subsection (5) of section 28.37, Florida
48 Statutes, is amended to read:
49 28.37 Fines, fees, service charges, and costs remitted to
50 the state.—
51 (5) Ten percent of all court-related fines collected by the
52 clerk, except for penalties or fines distributed to counties or
53 municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
54 shall be deposited into the clerk’s Public Records Modernization
55 Trust Fund to be used exclusively for additional clerk court
56 related operational needs and program enhancements.
57 Section 10. Paragraph (b) of subsection (1) and paragraph
58 (a) of subsection (5) of section 316.640, Florida Statutes, are
59 amended to read:
60 316.640 Enforcement.—The enforcement of the traffic laws of
61 this state is vested as follows:
62 (1) STATE.—
63 (b)1. The Department of Transportation has authority to
64 enforce on all the streets and highways of this state all laws
65 applicable within its authority.
66 2.a. The Department of Transportation shall develop
67 training and qualifications standards for toll enforcement
68 officers whose sole authority is to enforce the payment of tolls
69 pursuant to s. 316.1001. Nothing in this subparagraph shall be
70 construed to permit the carrying of firearms or other weapons,
71 nor shall a toll enforcement officer have arrest authority.
72 b. For the purpose of enforcing s. 316.1001, governmental
73 entities, as defined in s. 334.03, which own or operate a toll
74 facility may employ independent contractors or designate
75 employees as toll enforcement officers; however, any such toll
76 enforcement officer must successfully meet the training and
77 qualifications standards for toll enforcement officers
78 established by the Department of Transportation.
79 3. For the purpose of enforcing s. 316.0083, the department
80 may designate employees as traffic infraction enforcement
81 officers. A traffic infraction enforcement officer must
82 successfully complete instruction in traffic enforcement
83 procedures and court presentation through the Selective Traffic
84 Enforcement Program as approved by the Division of Criminal
85 Justice Standards and Training of the Department of Law
86 Enforcement, or through a similar program, but may not
87 necessarily otherwise meet the uniform minimum standards
88 established by the Criminal Justice Standards and Training
89 Commission for law enforcement officers or auxiliary law
90 enforcement officers under s. 943.13. This subparagraph does not
91 authorize the carrying of firearms or other weapons by a traffic
92 infraction enforcement officer and does not authorize a traffic
93 infraction enforcement officer to make arrests. The department’s
94 traffic infraction enforcement officers must be physically
95 located in the state.
96 (5)(a) Any sheriff’s department or police department of a
97 municipality may employ, as a traffic infraction enforcement
98 officer, any individual who successfully completes instruction
99 in traffic enforcement procedures and court presentation through
100 the Selective Traffic Enforcement Program as approved by the
101 Division of Criminal Justice Standards and Training of the
102 Department of Law Enforcement, or through a similar program, but
103 who does not necessarily otherwise meet the uniform minimum
104 standards established by the Criminal Justice Standards and
105 Training Commission for law enforcement officers or auxiliary
106 law enforcement officers under s. 943.13. Any such traffic
107 infraction enforcement officer who observes the commission of a
108 traffic infraction or, in the case of a parking infraction, who
109 observes an illegally parked vehicle may issue a traffic
110 citation for the infraction when, based upon personal
111 investigation, he or she has reasonable and probable grounds to
112 believe that an offense has been committed which constitutes a
113 noncriminal traffic infraction as defined in s. 318.14. In
114 addition, any such traffic infraction enforcement officer may
115 issue a traffic citation under s. 316.0083. For purposes of
116 enforcing s. 316.0083, any sheriff’s department or police
117 department of a municipality may designate employees as traffic
118 infraction enforcement officers. The traffic infraction
119 enforcement officers must be physically located in the county of
120 the respective sheriff’s or police department.
121 Section 11. Paragraphs (a) and (c) of subsection (3) of
122 section 316.650, Florida Statutes, are amended to read:
123 316.650 Traffic citations.—
124 (3)(a) Except for a traffic citation issued pursuant to s.
125 316.1001 or s. 316.0083, each traffic enforcement officer, upon
126 issuing a traffic citation to an alleged violator of any
127 provision of the motor vehicle laws of this state or of any
128 traffic ordinance of any municipality or town, shall deposit the
129 original traffic citation or, in the case of a traffic
130 enforcement agency that has an automated citation issuance
131 system, the chief administrative officer shall provide by an
132 electronic transmission a replica of the citation data to a
133 court having jurisdiction over the alleged offense or with its
134 traffic violations bureau within 5 days after issuance to the
135 violator.
136 (c) If a traffic citation is issued under s. 316.0083, the
137 traffic infraction enforcement officer shall provide by
138 electronic transmission a replica of the traffic citation data
139 to the court having jurisdiction over the alleged offense or its
140 traffic violations bureau within 5 days after the date of
141 issuance of the traffic citation to the violator. If a hearing
142 is requested, the traffic infraction enforcement officer shall
143 provide a replica of the traffic notice of violation data to the
144 clerk for the local hearing officer having jurisdiction over the
145 alleged offense within 14 days.
146 Section 12. Section 318.121, Florida Statutes, is amended
147 to read:
148 318.121 Preemption of additional fees, fines, surcharges,
149 and costs.—Notwithstanding any general or special law, or
150 municipal or county ordinance, additional fees, fines,
151 surcharges, or costs other than the court costs and surcharges
152 assessed under s. 318.18(11), (13), (18), and (19), and (22) may
153 not be added to the civil traffic penalties assessed under this
154 chapter.
155 Section 13. Subsection (2) of section 318.14, Florida
156 Statutes, is amended to read:
157 318.14 Noncriminal traffic infractions; exception;
158 procedures.—
159 (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
160 and 316.0083, any person cited for a violation requiring a
161 mandatory hearing listed in s. 318.19 or any other criminal
162 traffic violation listed in chapter 316 must sign and accept a
163 citation indicating a promise to appear. The officer may
164 indicate on the traffic citation the time and location of the
165 scheduled hearing and must indicate the applicable civil penalty
166 established in s. 318.18. For all other infractions under this
167 section, except for infractions under s. 316.1001, the officer
168 must certify by electronic, electronic facsimile, or written
169 signature that the citation was delivered to the person cited.
170 This certification is prima facie evidence that the person cited
171 was served with the citation.
172 Section 14. Subsections (15) and (22) of section 318.18,
173 Florida Statutes, are amended to read:
174 318.18 Amount of penalties.—The penalties required for a
175 noncriminal disposition pursuant to s. 318.14 or a criminal
176 offense listed in s. 318.17 are as follows:
177 (15)(a)1. One hundred and fifty-eight dollars for a
178 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
179 has failed to stop at a traffic signal and when enforced by a
180 law enforcement officer. Sixty dollars shall be distributed as
181 provided in s. 318.21, $30 shall be distributed to the General
182 Revenue Fund, $3 shall be remitted to the Department of Revenue
183 for deposit into the Brain and Spinal Cord Injury Trust Fund,
184 and the remaining $65 shall be remitted to the Department of
185 Revenue for deposit into the Emergency Medical Services Trust
186 Fund of the Department of Health.
187 2. One hundred and fifty-eight dollars for a violation of
188 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
189 stop at a traffic signal and when enforced by the department’s
190 traffic infraction enforcement officer. One hundred dollars
191 shall be remitted to the Department of Revenue for deposit into
192 the General Revenue Fund, $45 shall be distributed to the county
193 for any violations occurring in any unincorporated areas of the
194 county or to the municipality for any violations occurring in
195 the incorporated boundaries of the municipality in which the
196 infraction occurred, $10 shall be remitted to the Department of
197 Revenue for deposit into the Department of Health Emergency
198 Medical Services Trust Fund for distribution as provided in s.
199 395.4036(1), and $3 shall be remitted to the Department of
200 Revenue for deposit into the Brain and Spinal Cord Injury Trust
201 Fund.
202 3. One hundred and fifty-eight dollars for a violation of
203 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
204 stop at a traffic signal and when enforced by a county’s or
205 municipality’s traffic infraction enforcement officer. Seventy
206 five dollars shall be distributed to the county or municipality
207 issuing the traffic citation, $70 shall be remitted to the
208 Department of Revenue for deposit into the General Revenue Fund,
209 $10 shall be remitted to the Department of Revenue for deposit
210 into the Department of Health Emergency Medical Services Trust
211 Fund for distribution as provided in s. 395.4036(1), and $3
212 shall be remitted to the Department of Revenue for deposit into
213 the Brain and Spinal Cord Injury Trust Fund.
214 (b) Amounts deposited into the Brain and Spinal Cord Injury
215 Trust Fund pursuant to this subsection shall be distributed
216 quarterly to the Miami Project to Cure Paralysis and shall be
217 used for brain and spinal cord research.
218 (c) If a person who is mailed a notice of violation or
219 cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
220 enforced by a traffic infraction enforcement officer under s.
221 316.0083, presents documentation from the appropriate
222 governmental entity that the notice of violation or traffic
223 citation was in error, the clerk of court or clerk to the local
224 hearing officer may dismiss the case. The clerk of court or
225 clerk to the local hearing officer may not charge for this
226 service.
227 (d) An individual may not receive a commission or per
228 ticket fee from any revenue collected from violations detected
229 through the use of a traffic infraction detector. A manufacturer
230 or vendor may not receive a fee or remuneration based upon the
231 number of violations detected through the use of a traffic
232 infraction detector.
233 (e) Funds deposited into the Department of Health Emergency
234 Medical Services Trust Fund under this subsection shall be
235 distributed as provided in s. 395.4036(1).
236 (22) In addition to the penalty prescribed under s.
237 316.0083 for violations enforced under s. 316.0083 which are
238 upheld, the local hearing officer may also order the payment of
239 county or municipal costs, not to exceed $250.
240 Section 15. Subsection (8) of section 320.03, Florida
241 Statutes, is amended to read:
242 320.03 Registration; duties of tax collectors;
243 International Registration Plan.—
244 (8) If the applicant’s name appears on the list referred to
245 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
246 713.78(13), a license plate or revalidation sticker may not be
247 issued until that person’s name no longer appears on the list or
248 until the person presents a receipt from the governmental entity
249 or the clerk of court that provided the data showing that the
250 fines outstanding have been paid. This subsection does not apply
251 to the owner of a leased vehicle if the vehicle is registered in
252 the name of the lessee of the vehicle. The tax collector and the
253 clerk of the court are each entitled to receive monthly, as
254 costs for implementing and administering this subsection, 10
255 percent of the civil penalties and fines recovered from such
256 persons. As used in this subsection, the term “civil penalties
257 and fines” does not include a wrecker operator’s lien as
258 described in s. 713.78(13). If the tax collector has private tag
259 agents, such tag agents are entitled to receive a pro rata share
260 of the amount paid to the tax collector, based upon the
261 percentage of license plates and revalidation stickers issued by
262 the tag agent compared to the total issued within the county.
263 The authority of any private agent to issue license plates shall
264 be revoked, after notice and a hearing as provided in chapter
265 120, if he or she issues any license plate or revalidation
266 sticker contrary to the provisions of this subsection. This
267 section applies only to the annual renewal in the owner’s birth
268 month of a motor vehicle registration and does not apply to the
269 transfer of a registration of a motor vehicle sold by a motor
270 vehicle dealer licensed under this chapter, except for the
271 transfer of registrations which includes the annual renewals.
272 This section does not affect the issuance of the title to a
273 motor vehicle, notwithstanding s. 319.23(8)(b).
274 Section 16. Paragraph (d) of subsection (3) of section
275 322.27, Florida Statutes, is amended to read:
276 322.27 Authority of department to suspend or revoke driver
277 license or identification card.—
278 (3) There is established a point system for evaluation of
279 convictions of violations of motor vehicle laws or ordinances,
280 and violations of applicable provisions of s. 403.413(6)(b) when
281 such violations involve the use of motor vehicles, for the
282 determination of the continuing qualification of any person to
283 operate a motor vehicle. The department is authorized to suspend
284 the license of any person upon showing of its records or other
285 good and sufficient evidence that the licensee has been
286 convicted of violation of motor vehicle laws or ordinances, or
287 applicable provisions of s. 403.413(6)(b), amounting to 12 or
288 more points as determined by the point system. The suspension
289 shall be for a period of not more than 1 year.
290 (d) The point system shall have as its basic element a
291 graduated scale of points assigning relative values to
292 convictions of the following violations:
293 1. Reckless driving, willful and wanton—4 points.
294 2. Leaving the scene of a crash resulting in property
295 damage of more than $50—6 points.
296 3. Unlawful speed, or unlawful use of a wireless
297 communications device, resulting in a crash—6 points.
298 4. Passing a stopped school bus—4 points.
299 5. Unlawful speed:
300 a. Not in excess of 15 miles per hour of lawful or posted
301 speed—3 points.
302 b. In excess of 15 miles per hour of lawful or posted
303 speed—4 points.
304 6. A violation of a traffic control signal device as
305 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
306 However, no points shall be imposed for a violation of s.
307 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
308 stop at a traffic signal and when enforced by a traffic
309 infraction enforcement officer. In addition, a violation of s.
310 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
311 stop at a traffic signal and when enforced by a traffic
312 infraction enforcement officer may not be used for purposes of
313 setting motor vehicle insurance rates.
314 7. All other moving violations (including parking on a
315 highway outside the limits of a municipality)—3 points. However,
316 no points shall be imposed for a violation of s. 316.0741 or s.
317 316.2065(11); and points shall be imposed for a violation of s.
318 316.1001 only when imposed by the court after a hearing pursuant
319 to s. 318.14(5).
320 8. Any moving violation covered in this paragraph,
321 excluding unlawful speed and unlawful use of a wireless
322 communications device, resulting in a crash—4 points.
323 9. Any conviction under s. 403.413(6)(b)—3 points.
324 10. Any conviction under s. 316.0775(2)—4 points.
325 11. A moving violation covered in this paragraph which is
326 committed in conjunction with the unlawful use of a wireless
327 communications device within a school safety zone—2 points, in
328 addition to the points assigned for the moving violation.
329 Section 17. This act shall take effect July 1, 2019.