Florida Senate - 2024 SB 994
By Senator Burgess
23-00315A-24 2024994__
1 A bill to be entitled
2 An act relating to student transportation safety;
3 amending s. 316.003, F.S.; revising the definition of
4 the term “local hearing officer”; amending s. 316.173,
5 F.S.; authorizing charter schools and private schools
6 to install and operate school bus infraction detection
7 systems; deleting a prohibition against an individual,
8 a vendor, or a manufacturer receiving commissions,
9 fees, or remuneration based on the number of
10 violations detected; authorizing traffic infraction
11 enforcement officers who meet specified requirements
12 and school board security agencies to enforce
13 specified violations; revising requirements for
14 signage posted on the rear of a school bus indicating
15 usage of a school bus infraction detection system;
16 authorizing the governing board of a school entity to
17 establish certain procedures for a hearing to contest
18 liability or a notice of violation; revising the
19 required uses for civil penalties assessed and
20 collected for certain violations; prohibiting school
21 bus infraction detection systems from being used for
22 remote surveillance; providing construction; revising
23 purposes for which video and images recorded as part
24 of a school bus infraction detection system may be
25 used; conforming provisions and cross-references to
26 changes made by the act; making technical changes;
27 amending s. 316.640, F.S.; providing that a school
28 safety officer who completes certain training may be
29 authorized by a county, municipality, or school entity
30 as a traffic infraction enforcement officer and may
31 issue certain notices and citations; conforming cross
32 references; amending s. 318.18, F.S.; requiring that
33 certain civil penalties be remitted to a school
34 district, charter school, or private school operating
35 a school bus with a school bus infraction detection
36 system to be used for certain purposes; providing an
37 effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Subsection (38) of section 316.003, Florida
42 Statutes, is amended to read:
43 316.003 Definitions.—The following words and phrases, when
44 used in this chapter, shall have the meanings respectively
45 ascribed to them in this section, except where the context
46 otherwise requires:
47 (38) LOCAL HEARING OFFICER.—
48 (a) The person, designated by a department, county, or
49 municipality that elects to authorize traffic infraction
50 enforcement officers to issue traffic citations under ss.
51 316.0083(1)(a) and 316.1896(1), who is authorized to conduct
52 hearings related to a notice of violation issued pursuant to s.
53 316.0083 or s. 316.1896. The charter county, noncharter county,
54 or municipality may use its currently appointed code enforcement
55 board or special magistrate to serve as the local hearing
56 officer. The department may enter into an interlocal agreement
57 to use the local hearing officer of a county or municipality.
58 (b) The person, designated by a school district, charter
59 school, or private school that elects to authorize traffic
60 infraction enforcement officers or one or more law enforcement
61 agencies to issue traffic citations under s. 316.173, who is
62 authorized to conduct hearings related to a notice of violation
63 issued pursuant to s. 316.173. The school district, charter
64 school, or private school may use an attorney in good standing
65 with The Florida Bar for at least 5 years designated by the
66 governing board to serve as the local hearing officer. A local
67 hearing officer designated under this paragraph may serve in
68 such office for one or more school entities, and such service
69 does not constitute dual officeholding as prohibited by s. 5(a),
70 Art. II of the State Constitution. The school district, charter
71 school, or private school may enter into an interlocal agreement
72 to use the local hearing officer of a county or municipality.
73 Section 2. Present subsections (6) through (19) of section
74 316.173, Florida Statutes, are redesignated as subsections (7)
75 through (20), respectively, a new subsection (6) is added to
76 that section, and subsection (1), paragraph (a) of subsection
77 (2), subsections (3), (4), and (5), and present subsections (7),
78 (8), (10), (11), (12), (16), and (17) of that section are
79 amended, to read:
80 316.173 School bus infraction detection systems.—
81 (1)(a) A school district, charter school, or private school
82 may install and operate a school bus infraction detection system
83 on a school bus for the purpose of enforcing s. 316.172(1)(a)
84 and (b) as provided in and consistent with this section.
85 (b) The school district, charter school, or private school
86 may contract with a private vendor or manufacturer to install a
87 school bus infraction detection system on any school bus within
88 its fleet, whether owned, contracted, or leased, and for
89 services including, but not limited to, the installation,
90 operation, and maintenance of the system. The school district’s,
91 charter school’s, or private school’s decision to install school
92 bus infraction detection systems must be based solely on the
93 need to increase public safety. An individual may not receive a
94 commission from any revenue collected from violations detected
95 through the use of a school bus infraction detection system. A
96 private vendor or manufacturer may not receive a fee or
97 remuneration based upon the number of violations detected
98 through the use of a school bus infraction detection system.
99 (c) The school district, charter school, or private school
100 must ensure that each school bus infraction detection system
101 meets the requirements of subsection (19) (18).
102 (d) The school district, charter school, or private school
103 may must enter into an interlocal agreement with one or more law
104 enforcement agencies authorized to enforce violations of s.
105 316.172(1)(a) and (b) within the school district which jointly
106 establishes the responsibilities of enforcement and the
107 reimbursement of costs associated with school bus infraction
108 detection systems consistent with this section. For the purposes
109 of administering this section, a traffic infraction enforcement
110 officer who meets the requirements of s. 316.640 or a certified
111 school board security agency that employs law enforcement
112 officers may enforce violations of s. 316.172(1)(a) and (b) as
113 authorized by this section.
114 (2)(a) The school district, charter school, or private
115 school must post high-visibility reflective signage on the rear
116 of each school bus in which a school bus infraction detection
117 system is installed and operational which indicates the use of
118 such system. The signage must be in the form of one or more
119 signs or stickers and must contain the following elements in
120 substantially the following form:
121 1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
122 WHEN RED LIGHTS FLASH.”
123 2. The words “CAMERA ENFORCED.”
124 3. A graphic depiction of a camera.
125 (3) If a school district, charter school, or private school
126 that has never conducted a school bus infraction detection
127 system program begins such a program, the school district,
128 charter school, or private school must make a public
129 announcement and conduct a public awareness campaign of the
130 proposed use of school bus infraction detection systems at least
131 30 days before commencing enforcement under the school bus
132 infraction detection system program and notify the public of the
133 specific date on which the program will commence. During the 30
134 day public awareness campaign, only a warning may be issued to
135 the registered owner of a motor vehicle for a violation of s.
136 316.172(1)(a) or (b) enforced by a school bus infraction
137 detection system, and a civil penalty may not be imposed under
138 chapter 318.
139 (4) Within 30 days after an alleged violation of s.
140 316.172(1)(a) or (b) is recorded by a school bus infraction
141 detection system, the school district, charter school, or
142 private school or the private vendor or manufacturer under
143 paragraph (1)(b) must submit the following information to a law
144 enforcement agency or a traffic infraction enforcement officer
145 designated that has entered into an interlocal agreement with
146 the school district pursuant to paragraph (1)(d) and has traffic
147 infraction enforcement jurisdiction at the location where the
148 alleged violation occurred:
149 (a) A copy of the recorded video and images showing the
150 motor vehicle allegedly violating s. 316.172(1)(a) or (b).
151 (b) The motor vehicle’s license plate number and the state
152 of issuance of the motor vehicle’s license plate.
153 (c) The date, time, and location of the alleged violation.
154 (5) Within 30 days after receiving the information required
155 in subsection (4), the law enforcement agency or its agent, or a
156 traffic infraction enforcement officer, if it is determined
157 determines that the motor vehicle violated s. 316.172(1)(a) or
158 (b), must send a notice of violation to the registered owner of
159 the motor vehicle involved in the violation specifying the
160 remedies available under s. 318.14 and that the violator must
161 pay the penalty under s. 318.18(5) or furnish an affidavit in
162 accordance with subsection (11) (10) within 30 days after the
163 notice of violation is sent in order to avoid court fees, costs,
164 and the issuance of a uniform traffic citation. The notice of
165 violation must be sent by first-class mail and include all of
166 the following:
167 (a) A copy of one or more recorded images showing the motor
168 vehicle involved in the violation, including an image showing
169 the license plate of the motor vehicle.
170 (b) The date, time, and location of the violation.
171 (c) The amount of the civil penalty, the date by which the
172 civil penalty must be paid, and instructions on how to pay the
173 civil penalty.
174 (d) Instructions on how to request a hearing to contest
175 liability or the notice of violation. In lieu of hearings
176 administered by a county traffic court, the governing board of a
177 school entity, by resolution, may establish the hearing
178 procedures provided in subsection (6).
179 (e) A notice that the owner has the right to review, in
180 person or remotely, the video and images recorded by the school
181 bus infraction detection system which constitute a rebuttable
182 presumption that the motor vehicle was used in violation of s.
183 316.172(1)(a) or (b).
184 (f) The time when, and the place or website at which, the
185 recorded video and images may be examined and observed.
186 (g) A warning that failure to pay the civil penalty or to
187 contest liability within 30 days after the notice is sent will
188 result in the issuance of a uniform traffic citation.
189 (6) The governing board of a school entity, by resolution,
190 may establish the following procedures for a hearing under this
191 section:
192 (a) The department shall publish and make available
193 electronically to each school entity’s governing board a model
194 Request for Hearing form to assist each school entity’s
195 governing board administering this section.
196 (b) A school district, charter school, or private school
197 operating school bus infraction detection systems on school
198 buses which elects to authorize traffic infraction enforcement
199 officers or one or more law enforcement agencies to issue
200 traffic citations under this section shall designate by
201 resolution existing staff or a designated staff agent to serve
202 as the clerk to the local hearing officer.
203 (c) A person, referred to in this subsection as the
204 “petitioner,” who elects to request a hearing under this section
205 must be scheduled for a hearing by the clerk to the local
206 hearing officer to appear before a local hearing officer with
207 notice to be sent by first-class mail. Upon receipt of the
208 notice, the petitioner may reschedule the hearing once by
209 submitting a written request to reschedule to the clerk to the
210 local hearing officer at least 5 calendar days before the day of
211 the originally scheduled hearing. The petitioner may cancel his
212 or her appearance before the local hearing officer by paying the
213 penalty assessed under s. 318.18, plus $50 in administrative
214 costs, before the start of the hearing.
215 (d) All testimony at the hearing must be under oath and
216 must be recorded. The local hearing officer shall take testimony
217 from a traffic infraction enforcement officer, or law
218 enforcement agency designee, and the petitioner, and may take
219 testimony from others. The local hearing officer shall review
220 the video and images made available under this section. Formal
221 rules of evidence do not apply, but due process and the
222 preponderance of evidence standard must be observed and govern
223 the proceedings.
224 (e) At the conclusion of the hearing, the local hearing
225 officer shall determine whether a violation under this section
226 has occurred, in which case the hearing officer shall uphold or
227 dismiss the violation. The local hearing officer shall issue a
228 final administrative order including the determination and, if
229 the notice of violation is upheld, require the petitioner to pay
230 the penalty previously assessed under s. 318.18, and may also
231 require the petitioner to pay school entity costs, including
232 local hearing officer and hearing administrative costs, not to
233 exceed $250. The final administrative order must be mailed to
234 the petitioner by first-class mail.
235 (f) An aggrieved party may appeal a final administrative
236 order consistent with the process provided under s. 162.11.
237 (8)(7) The civil penalties assessed and collected for a
238 violation of s. 316.172(1)(a) or (b) enforced by a school bus
239 infraction detection system must be remitted to the school
240 district in which the violation occurred or to the charter
241 school or private school that reported the violation. Such civil
242 penalties must be used for the installation, operation, or
243 maintenance of school bus infraction detection systems on school
244 buses, including student transportation safety initiatives,
245 driver recruitment and retention stipends, or other student
246 transportation safety enhancements for any other technology that
247 increases the safety of the transportation of students, or for
248 the administration and costs associated with the enforcement of
249 violations as described in this section.
250 (9)(8) A uniform traffic citation must be issued by mailing
251 the uniform traffic citation by certified mail to the address of
252 the registered owner of the motor vehicle involved in the
253 violation if payment has not been made within 30 days after
254 notification under subsection (5) and if the registered owner
255 has not submitted an affidavit in accordance with subsection
256 (11) (10).
257 (11)(10) To establish such facts under subsection (10) (9),
258 the registered owner of the motor vehicle must, within 30 days
259 after the date of issuance of the notice of violation or the
260 uniform traffic citation, furnish to the law enforcement agency
261 or its agent who that issued the notice of violation or uniform
262 traffic citation an affidavit setting forth information
263 supporting an exception under subsection (10) (9).
264 (a) An affidavit supporting the exception under paragraph
265 (10)(a) (9)(a) must include the name, address, date of birth,
266 and, if known, the driver license number of the person who
267 leased, rented, or otherwise had care, custody, or control of
268 the motor vehicle at the time of the alleged violation. If the
269 motor vehicle was stolen at the time of the alleged violation,
270 the affidavit must include the police report indicating that the
271 motor vehicle was stolen.
272 (b) If a uniform traffic citation for a violation of s.
273 316.172(1)(a) or (b) was issued at the location of the violation
274 by a law enforcement officer, the affidavit must include the
275 serial number of the uniform traffic citation.
276 (c) If the motor vehicle’s owner to whom a notice of
277 violation or a uniform traffic citation has been issued is
278 deceased, the affidavit must include a certified copy of the
279 owner’s death certificate showing that the date of death
280 occurred on or before the date of the alleged violation and one
281 of the following:
282 1. A bill of sale or other document showing that the
283 deceased owner’s motor vehicle was sold or transferred after his
284 or her death but on or before the date of the alleged violation.
285 2. Documented proof that the registered license plate
286 belonging to the deceased owner’s motor vehicle was returned to
287 the department or any branch office or authorized agent of the
288 department after his or her death but on or before the date of
289 the alleged violation.
290 3. A copy of the police report showing that the deceased
291 owner’s registered license plate or motor vehicle was stolen
292 after his or her death but on or before the date of the alleged
293 violation.
294
295 Upon receipt of the affidavit and documentation required under
296 paragraphs (b) and (c), or 30 days after the date of issuance of
297 a notice of violation sent to a person identified as having
298 care, custody, or control of the motor vehicle at the time of
299 the violation under paragraph (a), the law enforcement agency or
300 its agent, or traffic infraction enforcement officer must
301 dismiss the notice or citation and provide proof of such
302 dismissal to the person who submitted the affidavit. If, within
303 30 days after the date of a notice of violation sent to a person
304 under subsection (12) (11), the law enforcement agency or its
305 agent, or traffic infraction enforcement officer receives an
306 affidavit under subsection (13) (12) from the person who was
307 sent a notice of violation affirming that the person did not
308 have care, custody, or control of the motor vehicle at the time
309 of the violation, the law enforcement agency or its agent, or
310 traffic infraction enforcement officer must notify the
311 registered owner that the notice or citation will not be
312 dismissed due to failure to establish that another person had
313 care, custody, or control of the motor vehicle at the time of
314 the violation.
315 (12)(11) Upon receipt of an affidavit under paragraph
316 (10)(a) (9)(a), the law enforcement agency may issue the person
317 identified as having care, custody, or control of the motor
318 vehicle at the time of the violation a notice of violation
319 pursuant to subsection (5) for a violation of s. 316.172(1)(a)
320 or (b). The affidavit is admissible in a proceeding pursuant to
321 this section for the purpose of providing evidence that the
322 person identified in the affidavit was in actual care, custody,
323 or control of the motor vehicle. The owner of a leased motor
324 vehicle for which a uniform traffic citation is issued for a
325 violation of s. 316.172(1)(a) or (b) is not responsible for
326 paying the uniform traffic citation and is not required to
327 submit an affidavit as specified in subsection (11) (10) if the
328 motor vehicle involved in the violation is registered in the
329 name of the lessee of such motor vehicle.
330 (13)(12) If a law enforcement agency or traffic infraction
331 enforcement officer receives an affidavit under paragraph
332 (10)(a) (9)(a), the notice of violation required under
333 subsection (5) must be sent to the person identified in the
334 affidavit within 30 days after receipt of the affidavit. The
335 person identified in an affidavit and sent a notice of violation
336 may also affirm he or she did not have care, custody, or control
337 of the motor vehicle at the time of the violation by furnishing
338 to the appropriate law enforcement agency or traffic infraction
339 enforcement officer within 30 days after the date of the notice
340 of violation an affidavit stating such.
341 (17)(a)1.(16)(a)1. Notwithstanding any other law, equipment
342 deployed as part of A school bus infraction detection system as
343 provided under this section may not be used for capable of
344 automated or user-controlled remote surveillance. The collection
345 of evidence by a school bus infraction detection system to
346 enforce violations of s. 316.172 does not constitute remote
347 surveillance.
348 2. Video and images recorded as part of a the school bus
349 infraction detection system may only be used for traffic
350 enforcement and for purposes of determining criminal or civil
351 liability for incidents captured by the school bus infraction
352 detection system incidental to the permissible use of the school
353 bus infraction detection system to document violations of s.
354 316.172(1)(a) and (b) and may not be used for any other
355 surveillance purposes.
356 2.3. To the extent practicable, a school bus infraction
357 detection system must use necessary technology to ensure that
358 personal identifying information contained in the video or still
359 images recorded by the system which is not relevant to the
360 alleged violation, including, but not limited to, the identity
361 of the driver and any passenger of a motor vehicle, the interior
362 or contents of a motor vehicle, the identity of an uninvolved
363 person, a number identifying the address of a private residence,
364 and the contents or interior of a private residence, is
365 sufficiently obscured so as not to reveal such personal
366 identifying information.
367 3.4. A notice of a violation or uniform traffic citation
368 issued under this section may not be dismissed solely because a
369 recorded video or still images reveal personal identifying
370 information as provided in subparagraph 2. 3. as long as a
371 reasonable effort has been made to comply with this subsection.
372 (b) Any recorded video or still image obtained through the
373 use of a school bus infraction detection system must be
374 destroyed within 90 days after the final disposition of the
375 recorded event. The vendor of the school bus infraction
376 detection system must provide the school district, charter
377 school, or private school with written notice by December 31 of
378 each year that such records have been destroyed in accordance
379 with this section.
380 (c) Notwithstanding any other law, registered motor vehicle
381 owner information obtained as a result of the operation of a
382 school bus infraction detection system is not the property of
383 the manufacturer or vendor of the system and may be used only
384 for the purposes of this section.
385 (18)(a)(17)(a) By October 1, 2023, and quarterly
386 thereafter, each school district, charter school, or private
387 school, in consultation with the law enforcement agencies with
388 which it has interlocal agreements pursuant to this section,
389 operating a school bus infraction detection system must submit,
390 in consultation with the law enforcement agencies with which it
391 has interlocal agreements pursuant to this section or with
392 traffic infraction enforcement officers designated pursuant to
393 paragraph (1)(d), a report to the department which details the
394 results of the school bus infraction detection systems in the
395 school district, charter school, or private school in the
396 preceding quarter. The information from the school districts,
397 charter schools, or private schools must be submitted in a form
398 and manner determined by the department, which the department
399 must make available to the school districts by August 1, 2023,
400 and to the charter schools and private schools by August 1,
401 2024, and must include at least the following:
402 1. The number of school buses that have a school bus
403 infraction detection system installed, including the date of
404 installation and, if applicable, the date the systems were
405 removed.
406 2. The number of notices of violations issued, the number
407 that were contested, the number that were upheld, the number
408 that were dismissed, the number that were issued as uniform
409 traffic citations, and the number that were paid.
410 3. Data for each infraction to determine locations in need
411 of safety improvements. Such data may must include, but is not
412 limited to, global positioning system coordinates of the
413 infraction, the date and time of the infraction, and the name of
414 the school that the school bus was transporting students to or
415 from.
416 4. Any other statistical data and information required by
417 the department to complete the report required by paragraph (c).
418 (b) Each school district, charter school, or private school
419 that operates a school bus infraction detection system is
420 responsible for and must maintain its respective data for
421 reporting purposes under this subsection for at least 2 years
422 after such data is reported to the department.
423 (c) On or before December 31, 2024, and annually
424 thereafter, the department shall submit a summary report to the
425 Governor, the President of the Senate, and the Speaker of the
426 House of Representatives regarding the use and operation of
427 school bus infraction detection systems under this section,
428 along with the department’s recommendations and any recommended
429 legislation. The summary report must include a review of the
430 information submitted to the department by the school districts,
431 charter schools, and private schools and must describe the
432 enhancement of traffic safety and enforcement programs.
433 Section 3. Paragraph (a) of subsection (1), paragraph (a)
434 of subsection (3), and paragraph (a) of subsection (5) of
435 section 316.640, Florida Statutes, are amended to read:
436 316.640 Enforcement.—The enforcement of the traffic laws of
437 this state is vested as follows:
438 (1) STATE.—
439 (a)1.a. The Division of Florida Highway Patrol of the
440 Department of Highway Safety and Motor Vehicles; the Division of
441 Law Enforcement of the Fish and Wildlife Conservation
442 Commission; the Division of Law Enforcement of the Department of
443 Environmental Protection; and the agents, inspectors, and
444 officers of the Department of Law Enforcement each have
445 authority to enforce all of the traffic laws of this state on
446 all the streets and highways thereof and elsewhere throughout
447 the state wherever the public has a right to travel by motor
448 vehicle.
449 b. University police officers may enforce all of the
450 traffic laws of this state when violations occur on or within
451 1,000 feet of any property or facilities that are under the
452 guidance, supervision, regulation, or control of a state
453 university, a direct-support organization of such state
454 university, or any other organization controlled by the state
455 university or a direct-support organization of the state
456 university, or when such violations occur within a specified
457 jurisdictional area as agreed upon in a mutual aid agreement
458 entered into with a law enforcement agency pursuant to s.
459 23.1225(1). Traffic laws may also be enforced off-campus when
460 hot pursuit originates on or within 1,000 feet of any such
461 property or facilities, or as agreed upon in accordance with the
462 mutual aid agreement.
463 c. Florida College System institution police officers may
464 enforce all the traffic laws of this state only when such
465 violations occur on or within 1,000 feet of any property or
466 facilities that are under the guidance, supervision, regulation,
467 or control of the Florida College System institution, or when
468 such violations occur within a specified jurisdictional area as
469 agreed upon in a mutual aid agreement entered into with a law
470 enforcement agency pursuant to s. 23.1225. Traffic laws may also
471 be enforced off-campus when hot pursuit originates on or within
472 1,000 feet of any such property or facilities, or as agreed upon
473 in accordance with the mutual aid agreement.
474 d. Police officers employed by an airport authority may
475 enforce all of the traffic laws of this state only when such
476 violations occur on any property or facilities that are owned or
477 operated by an airport authority.
478 (I) An airport authority may employ as a parking
479 enforcement specialist any individual who successfully completes
480 a training program established and approved by the Criminal
481 Justice Standards and Training Commission for parking
482 enforcement specialists but who does not otherwise meet the
483 uniform minimum standards established by the commission for law
484 enforcement officers or auxiliary or part-time officers under s.
485 943.12. This sub-sub-subparagraph may not be construed to permit
486 the carrying of firearms or other weapons, nor shall such
487 parking enforcement specialist have arrest authority.
488 (II) A parking enforcement specialist employed by an
489 airport authority may enforce all state, county, and municipal
490 laws and ordinances governing parking only when such violations
491 are on property or facilities owned or operated by the airport
492 authority employing the specialist, by appropriate state,
493 county, or municipal traffic citation.
494 e. The Office of Agricultural Law Enforcement of the
495 Department of Agriculture and Consumer Services may enforce
496 traffic laws of this state.
497 f. School safety officers may enforce all of the traffic
498 laws of this state when such violations occur on or about any
499 property or facilities that are under the guidance, supervision,
500 regulation, or control of the district school board. A school
501 safety officer who successfully completes instruction in traffic
502 enforcement procedures and court presentation as specified in
503 paragraph (5)(a) may be authorized by a county, municipality, or
504 applicable school entity as a traffic infraction enforcement
505 officer and may issue notices of violation and uniform traffic
506 citations under s. 316.173 within the county in which the school
507 district, charter school, or private school is located.
508 2. Any disciplinary action taken or performance evaluation
509 conducted by an agency of the state as described in subparagraph
510 1. of a law enforcement officer’s traffic enforcement activity
511 must be in accordance with written work-performance standards.
512 Such standards must be approved by the agency and any collective
513 bargaining unit representing such law enforcement officer. A
514 violation of this subparagraph is not subject to the penalties
515 provided in chapter 318.
516 3. The Division of the Florida Highway Patrol may employ as
517 a traffic accident investigation officer any individual who
518 successfully completes instruction in traffic accident
519 investigation and court presentation through the Selective
520 Traffic Enforcement Program as approved by the Criminal Justice
521 Standards and Training Commission and funded through the
522 National Highway Traffic Safety Administration or a similar
523 program approved by the commission, but who does not necessarily
524 meet the uniform minimum standards established by the commission
525 for law enforcement officers or auxiliary law enforcement
526 officers under chapter 943. Any such traffic accident
527 investigation officer who makes an investigation at the scene of
528 a traffic accident may issue traffic citations, based upon
529 personal investigation, when he or she has reasonable and
530 probable grounds to believe that a person who was involved in
531 the accident committed an offense under this chapter, chapter
532 319, chapter 320, or chapter 322 in connection with the
533 accident. This subparagraph does not permit the officer to carry
534 firearms or other weapons, and such an officer does not have
535 authority to make arrests.
536 (3) MUNICIPALITIES.—
537 (a) The police department of each chartered municipality
538 shall enforce the traffic laws of this state on all the streets
539 and highways thereof and elsewhere throughout the municipality
540 wherever the public has the right to travel by motor vehicle,
541 including by the use of school bus infraction detection systems.
542 In addition, the police department may be required by a
543 municipality to enforce the traffic laws of this state on any
544 private or limited access road or roads over which the
545 municipality has jurisdiction pursuant to a written agreement
546 entered into under s. 316.006(2)(b). However, nothing in this
547 chapter shall affect any law, general, special, or otherwise, in
548 effect on January 1, 1972, relating to “hot pursuit” without the
549 boundaries of the municipality.
550 (5)(a) Any sheriff’s department or police department of a
551 municipality may employ, as a traffic infraction enforcement
552 officer, any individual who successfully completes instruction
553 in traffic enforcement procedures and court presentation through
554 the Selective Traffic Enforcement Program as approved by the
555 Division of Criminal Justice Standards and Training of the
556 Department of Law Enforcement, or through a similar program, but
557 who does not necessarily otherwise meet the uniform minimum
558 standards established by the Criminal Justice Standards and
559 Training Commission for law enforcement officers or auxiliary
560 law enforcement officers under s. 943.13. Any such traffic
561 infraction enforcement officer who observes the commission of a
562 traffic infraction or, in the case of a parking infraction, who
563 observes an illegally parked vehicle may issue a traffic
564 citation for the infraction when, based upon personal
565 investigation, he or she has reasonable and probable grounds to
566 believe that an offense has been committed which constitutes a
567 noncriminal traffic infraction as defined in s. 318.14. In
568 addition, any such traffic infraction enforcement officer may
569 issue a traffic citation under ss. 316.0083, 316.173, and
570 316.1896. For purposes of enforcing ss. 316.0083, 316.173,
571 316.1895, and 316.183, any sheriff’s department or police
572 department of a municipality may designate employees as traffic
573 infraction enforcement officers. The traffic infraction
574 enforcement officers must be physically located in the county of
575 the respective sheriff’s or police department.
576 Section 4. Paragraph (c) of subsection (5) of section
577 318.18, Florida Statutes, is amended to read:
578 318.18 Amount of penalties.—The penalties required for a
579 noncriminal disposition pursuant to s. 318.14 or a criminal
580 offense listed in s. 318.17 are as follows:
581 (5)
582 (c) In addition to the penalty under paragraph (a) or
583 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
584 If the alleged offender is found to have committed the offense,
585 the court shall impose the civil penalty under paragraph (a) or
586 paragraph (b) plus an additional $65. The additional $65
587 collected under this paragraph shall be remitted to the
588 Department of Revenue for deposit into the Emergency Medical
589 Services Trust Fund of the Department of Health to be used as
590 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
591 (b) is enforced by a school bus infraction detection system
592 pursuant to s. 316.173, the additional amount imposed on a
593 notice of violation, on a the uniform traffic citation, or by
594 the court under this paragraph must be $25, in lieu of the
595 additional $65, and must be remitted to the participating school
596 district, charter school, or private school operating the school
597 bus with a school bus infraction detection system. Such amounts
598 must be used pursuant to s. 316.173(8).
599 Section 5. This act shall take effect upon becoming a law.