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House Bill 1479

Florida House of Representatives - 1997 HB 1479 By Representative Cosgrove 1 A bill to be entitled 2 An act relating to traffic control; amending s. 3 316.003, F.S.; defining the term "traffic 4 infraction detector"; amending s. 316.0745, 5 F.S.; requiring approval of traffic infraction 6 detectors by the Department of Highway Safety 7 and Motor Vehicles; amending s. 316.008, F.S.; 8 providing counties and municipalities the 9 authorization to contract with private 10 providers for traffic infraction detectors; 11 requiring the posting of signs; providing for 12 fines and disposition thereof; creating s. 13 318.1415, F.S.; authorizing law enforcement 14 officers to issue certain tickets; creating s. 15 316.1971, F.S.; providing for the use of 16 traffic infraction detectors by counties and 17 municipalities; providing for the disposition 18 of certain fines; amending s. 320.03, F.S., to 19 conform to the act; authorizing demonstration 20 projects in certain counties; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (82) is added to section 26 316.003, Florida Statutes, to read: 27 316.003 Definitions.--The following words and phrases, 28 when used in this chapter, shall have the meanings 29 respectively ascribed to them in this section, except where 30 the context otherwise requires: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1479 141-364C-97 1 (82) TRAFFIC INFRACTION DETECTOR.--A traffic control 2 device used to detect traffic infractions through photographic 3 means, which, when used in cooperation with a speed 4 calculating device, complies with s. 316.1905(1). 5 Section 2. Subsection (6) of section 316.0745, Florida 6 Statutes, is amended to read: 7 316.0745 Uniform signals and devices.-- 8 (6)(a) Any system of traffic control devices 9 controlled and operated from a remote location by electronic 10 computers or similar devices shall meet all requirements 11 established for the uniform system, and where such systems 12 affect the movement of traffic on state roads the design of 13 the system shall be reviewed and approved by the Department of 14 Transportation. 15 (b) Any traffic infraction detector as defined in s. 16 316.003(82) or device or part thereof deployed on the streets 17 and highways of the state shall meet requirements established 18 by the Department of Highway Safety and Motor Vehicles. 19 Section 3. Subsection (7) is added to section 316.008, 20 Florida Statutes, 1996 Supplement, to read: 21 316.008 Powers of local authorities.-- 22 (7) A county or municipality may enact an ordinance 23 providing for the use of traffic infraction detectors to 24 enforce the provisions of s. 316.074 relating to the failure 25 to stop a motor vehicle when facing a steady red traffic 26 control signal on streets and highways under their 27 jurisdiction. The ordinance may provide the local authority 28 with the authorization to contract with private providers to 29 operate and service the traffic infraction detectors. Any 30 operator of a traffic infraction detector must qualify as a 31 law enforcement officer. The ordinance shall include a 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1479 141-364C-97 1 requirement that signs be posted to provide motorists with 2 advance notification that a traffic infraction detector is in 3 use. Such signage must conform to the standards and 4 requirements adopted by the Department of Transportation 5 pursuant to s. 316.0745. In addition, the ordinance shall 6 establish a schedule of fines to be assessed against a motor 7 vehicle owner whose vehicle fails to stop when facing a steady 8 red traffic control signal as determined through the use of a 9 traffic infraction detector, provided that any such fine 10 imposed by ordinance may not exceed the amount of the fine 11 imposed by s. 318.18(3). The county or municipality is 12 authorized to use at least 50 percent of the net proceeds 13 collected in the creation of additional law enforcement 14 positions and salary enhancements for law enforcement officers 15 charged with crime prevention and additional corrections 16 positions and salary enhancements for corrections officers 17 charged with custody of inmates. 18 Section 4. Section 318.1415, Florida Statutes, is 19 created to read: 20 318.1415 Enforcement; traffic infraction 21 detectors.--Any law enforcement officer who has reason to 22 believe that a traffic infraction has occurred based upon 23 inspection of photographs or other recorded images produced by 24 a traffic infraction detector may issue a traffic ticket for 25 such infraction, pursuant to the provisions of s. 316.1971. 26 Section 5. Section 316.1971, Florida Statutes, is 27 created to read: 28 316.1971 Liability for payment of penalties for 29 traffic control signal violations detected by photographic 30 system.-- 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1479 141-364C-97 1 (1)(a) Any county or municipality is authorized to 2 adopt a local ordinance providing for the use of a traffic 3 infraction detector to impose monetary liability on the owner 4 of a vehicle for failure of the operator to comply with the 5 provisions of this chapter with respect to the streets and 6 highways under its jurisdiction. Liability shall be imposed 7 in the same manner and subject to the same limitations as 8 provided in s. 316.1967, except that the provisions of chapter 9 318 and s. 322.27 shall not apply to violations of county or 10 municipal traffic infraction ordinances adopted pursuant to s. 11 316.008(7). 12 (b) The procedure of s. 316.1967(2)-(5) shall be 13 followed except that the ticket when issued shall be delivered 14 by first class mail. A manual or automatic record of mailing 15 prepared in the ordinary course of business shall be prima 16 facie evidence of the facts contained therein. Such 17 violations may be processed by the county or municipality 18 having jurisdiction over the street or highway where the 19 violation occurred, or by any other entity authorized by such 20 county or municipality to prepare and mail such ticket. 21 (2) The owner of a vehicle who is issued a ticket is 22 responsible and liable for payment of the fine assessed 23 pursuant to this section, unless the owner can furnish 24 evidence that the vehicle was, at the time of the violation, 25 in the care, custody, or control of another person. In such 26 instances, the owner of the vehicle is required, within a 27 reasonable time after notification of the violation, to 28 furnish to the appropriate law enforcement authorities an 29 affidavit setting forth the name, address, and driver's 30 license number of the person who leased, rented, or otherwise 31 had the care, custody, or control of the vehicle. If the 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1479 141-364C-97 1 vehicle was stolen, the owner of the vehicle is not required 2 to identify the driver, but instead must submit the police 3 report indicating that the vehicle was stolen at the time of 4 the alleged violation. The affidavit submitted pursuant to 5 this subsection shall be admissible in a proceeding authorized 6 by this section and shall raise a rebuttable presumption that 7 the person identified in the affidavit was in actual control 8 of the vehicle, in which case such person may be issued a 9 ticket for said violation. 10 (3) A certificate sworn to or affirmed by a law 11 enforcement officer employed by or under contract to the 12 county or municipality where the violation occurred, or a 13 facsimile thereof, based upon inspection of photographs or 14 other recorded images produced by a traffic infraction 15 detector shall be prima facie evidence of the facts contained 16 therein. Any photograph or other recorded image evidencing 17 such a violation shall be available for inspection in any 18 proceedings to adjudicate liability for violations pursuant to 19 a local ordinance as authorized by this section. 20 (4) In any county that tickets are issued pursuant to 21 this section, the names of persons with one or more 22 outstanding violations may be included on the list authorized 23 pursuant to s. 316.1967(6). 24 (5) The uniform traffic citation prepared by the 25 department pursuant to s. 316.650 may not be issued for a 26 violation of this chapter as evidenced by a traffic infraction 27 detector. 28 Section 6. Of the net proceeds collected as a result 29 of the use of traffic infraction detectors authorized in s. 30 316.008(7), Florida Statutes, each county and each 31 municipality shall deposit 20 percent into the Highway Safety 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1479 141-364C-97 1 Operating Trust Fund of the Department of Highway Safety and 2 Motor Vehicles to be expended for the purposes for which 3 moneys in such trust fund may be expended, including hiring 4 additional personnel for the Florida Highway Patrol and 5 enhancing salaries of the Florida Highway Patrol. The county 6 or municipality may use at least 35 percent of the remaining 7 proceeds collected by a county or municipality to create 8 additional law enforcement positions and provide salary 9 enhancements for law enforcement officers charged with crime 10 prevention and to create additional corrections positions and 11 provide salary enhancements for correction officers charged 12 with the custody of inmates. 13 Section 7. Subsection (8) of section 320.03, Florida 14 Statutes, is amended to read: 15 320.03 Registration; duties of tax collectors; 16 International Registration Plan.-- 17 (8) If the applicant's name appears on the list 18 referred to in s. 316.1971(4), s. 316.1001(5), or s. 19 316.1967(6), a license plate or revalidation sticker may not 20 be issued until that person's name no longer appears on the 21 list or until the person presents a receipt from the clerk 22 showing that the fines outstanding have been paid. The tax 23 collector and the clerk of the court are each entitled to 24 receive monthly, as costs for implementing and administering 25 this subsection, 10 percent of the civil penalties and fines 26 recovered from such persons. If the tax collector has private 27 tag agents, such tag agents are entitled to receive a pro rata 28 share of the amount paid to the tax collector, based upon the 29 percentage of license plates and revalidation stickers issued 30 by the tag agent compared to the total issued within the 31 county. The authority of any private agent to issue license 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1479 141-364C-97 1 plates shall be revoked, after notice and a hearing as 2 provided in chapter 120, if he or she issues any license plate 3 or revalidation sticker contrary to the provisions of this 4 subsection. This section applies only to the annual renewal in 5 the owner's birth month of a motor vehicle registration and 6 does not apply to the transfer of a registration of a motor 7 vehicle sold by a motor vehicle dealer licensed under this 8 chapter, except for the transfer of registrations which is 9 inclusive of the annual renewals. This section does not affect 10 the issuance of the title to a motor vehicle, notwithstanding 11 s. 319.23(7)(b). 12 Section 8. Demonstration projects authorized.--Each 13 county with a population in excess of 1 million may conduct a 14 demonstration project in as many as 25 intersections in the 15 county on the effectiveness of using traffic infraction 16 detectors for fiscal year 1997-1998. 17 Section 9. This act shall take effect October 1, 1997. 18 19 ***************************************** 20 HOUSE SUMMARY 21 Revises provisions of law relating to traffic control to: 22 1. Define the term "traffic infraction detector" to mean a traffic control device used to detect traffic 23 infractions through photographic means, which is used in cooperation with a speed calculating device. 24 2. Require the approval of traffic infraction detectors by the Department of Highway Safety and Motor 25 Vehicles. 3. Provide counties and municipalities with the 26 authority to enact ordinances for the use of traffic infraction detectors. 27 4. Authorize law enforcement officers to issue tickets. 28 5. Provide for the authority for the use of traffic infraction detectors by counties and municipalities. 29 6. Provide for demonstration projects in certain counties in the state. 30 31 7