Senate Bill 0266

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    Florida Senate - 1999                                   SB 266

    By Senator Forman





    32-391-99

  1                      A bill to be entitled

  2         An act relating to traffic control; amending s.

  3         316.003, F.S.; defining the term

  4         "traffic-infraction detector"; amending s.

  5         316.008, F.S.; authorizing a county or

  6         municipality to enact an ordinance that

  7         provides for the use of a traffic-infraction

  8         detector to enforce traffic laws that require

  9         the driver of a vehicle to stop when facing a

10         steady red traffic signal; providing for

11         authorization of a traffic-infraction detector

12         officer; requiring the Department of

13         Transportation to develop standards for

14         traffic-infraction detector officers; requiring

15         public notice prior to the use of a

16         traffic-infraction detector; providing for

17         fines; requiring that a person be required to

18         attend a driver improvement course following a

19         second violation of the ordinance; providing

20         that an emergency medical transportation

21         vehicle is exempt from the ordinance; providing

22         for a portion of the proceeds of the fines

23         imposed under the ordinance to be deposited

24         into the Highway Safety Operating Trust Fund of

25         the Department of Highway Safety and Motor

26         Vehicles; providing for the remainder of the

27         proceeds to be used to fund positions for law

28         enforcement officers and correctional officers;

29         amending s. 316.0745, F.S.; requiring that a

30         traffic-infraction detector meet requirements

31         established by the Department of Highway Safety

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  1         and Motor Vehicles; providing for testing such

  2         detectors; creating s. 316.1971, F.S.;

  3         providing procedures for imposing a fine for

  4         violations of an ordinance that provides for

  5         the use of a traffic-infraction detector;

  6         providing a procedure under which the operator

  7         of a vehicle may establish that the vehicle was

  8         in the care, custody, or control of another

  9         person at the time of the violation; providing

10         for the violation to be contested; providing

11         that an image produced by a traffic-infraction

12         detector is prima facie evidence that the

13         violation occurred; amending s. 320.03, F.S.;

14         requiring the tax collector to withhold issuing

15         a license plate or revalidation sticker if a

16         person's name appears on a list of outstanding

17         fines; requiring that a county or municipality

18         that operates a traffic-infraction detector

19         report to the Department of Highway Safety and

20         Motor Vehicles; providing for a summary of such

21         reports to be submitted to the Governor and the

22         Legislature; providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Subsection (82) is added to section

27  316.003, Florida Statutes, 1998 Supplement, to read:

28         316.003  Definitions.--The following words and phrases,

29  when used in this chapter, shall have the meanings

30  respectively ascribed to them in this section, except where

31  the context otherwise requires:

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  1         (82)  TRAFFIC-INFRACTION DETECTOR.--A device that uses

  2  a vehicle sensor installed to work in conjunction with a

  3  traffic control signal and a camera synchronized to

  4  automatically record two or more sequenced photographs,

  5  microphotographs, electronic images, or other recorded images

  6  of a motor vehicle at the time it fails to stop when facing a

  7  steady red traffic-control signal.

  8         Section 2.  Subsection (7) is added to section 316.008,

  9  Florida Statutes, to read:

10         316.008  Powers of local authorities.--

11         (7)(a)  A county or municipality must enact an

12  ordinance that provides for the use of a traffic-infraction

13  detector to enforce s. 316.075(3), which requires that the

14  driver of a vehicle stop the vehicle when facing a steady red

15  traffic-control signal on the streets and highways under the

16  jurisdiction of the county or municipality. The ordinance may

17  authorize the county or municipality to contract with a

18  private provider to implement this subsection. A county or

19  municipality that operates a traffic-infraction detector may,

20  by ordinance, authorize a traffic-infraction detector officer

21  to issue a uniform traffic citation for violations of s.

22  316.075(3) and to enforce the payment of citations for

23  violations of s. 316.075(3). The Department of Highway Safety

24  and Motor Vehicles shall develop training and qualification

25  standards for traffic-infraction detector officers. The

26  traffic-infraction detector officer must successfully meet the

27  training and qualifications standards for traffic-infraction

28  detector officers established by the Department of

29  Transportation. This subsection does not authorize a

30  traffic-infraction detector officer to carry a firearm or

31  other weapon and does not authorize such an officer to make

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  1  arrests. The ordinance must require that a sign be posted to

  2  provide motorists with notification that a traffic-infraction

  3  detector is in use. Such signage must conform to the standards

  4  and requirements adopted by the Department of Transportation

  5  under s. 316.0745. The ordinance must also require that the

  6  county or municipality make a public announcement and conduct

  7  a public awareness campaign of the proposed use of

  8  traffic-infraction detectors at least 30 days before

  9  commencing the enforcement program. In addition, the ordinance

10  must establish a schedule of fines to be assessed against the

11  registered owner of a motor vehicle whose vehicle fails to

12  stop when facing a steady red traffic-control signal, as

13  determined through the use of a traffic-infraction detector.

14  However, any such fine imposed by ordinance may not exceed

15  $52. Notwithstanding any other law, an additional surcharge,

16  fee, or cost may not be added to the civil penalty authorized

17  in this section.

18         (b)  The ordinance must require that on the second

19  violation that results in a ticket being issued to the same

20  person within 12 months, that person shall, in addition to

21  being fined, be required to attend a driver improvement course

22  that is approved and certified by the Department of Highway

23  Safety and Motor Vehicles as being effective in reducing crash

24  and violation rates under s. 318.1451(5). A person may not be

25  required to attend driver improvement school more than once

26  during any 12-month period.

27         (c)  When responding to an emergency call, an emergency

28  medical transportation vehicle is exempt from any ordinance

29  enacted under this subsection.

30         (d)  Twenty percent of all net proceeds collected by a

31  county or municipality as a result of the use of a

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  1  traffic-infraction detector must be deposited into the Highway

  2  Safety Operating Trust Fund of the Department of Highway

  3  Safety and Motor Vehicles to be used for the purposes for

  4  which moneys in the trust fund may be expended, including

  5  hiring additional personnel for the Florida Highway Patrol and

  6  enhancing salaries of the Florida Highway Patrol. The county

  7  or municipality may use up to 50 percent of the remaining

  8  proceeds collected to create additional positions for law

  9  enforcement officers, provide salary enhancements for law

10  enforcement officers charged with crime prevention, create

11  additional positions for correctional officers, and provide

12  salary enhancements for correctional officers charged with the

13  custody of inmates.

14         Section 3.  Subsection (6) of section 316.0745, Florida

15  Statutes, is amended to read:

16         316.0745  Uniform signals and devices.--

17         (6)(a)  Any system of traffic control devices

18  controlled and operated from a remote location by electronic

19  computers or similar devices must shall meet all requirements

20  established for the uniform system, and, if where such a

21  system affects systems affect the movement of traffic on state

22  roads, the design of the system must shall be reviewed and

23  approved by the Department of Transportation.

24         (b)  Any traffic-infraction detector deployed on the

25  streets and highways of the state must meet requirements

26  established by the Department of Highway Safety and Motor

27  Vehicles and must be tested according to procedures and at

28  regular intervals prescribed by the department.

29         Section 4.  Section 316.1971, Florida Statutes, is

30  created to read:

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  1         316.1971  Penalties for traffic control signal

  2  violations detected by traffic-infraction detector;

  3  procedures.--

  4         (1)(a)  A county or municipality must adopt an

  5  ordinance that provides for the use of a traffic-infraction

  6  detector in order to impose a fine on the registered owner of

  7  a motor vehicle for a violation of an ordinance enacted under

  8  s. 316.008(7). The fine shall be imposed in the same manner

  9  and is subject to the same limitations as provided for parking

10  violations under s. 316.1967. Chapter 318 and s. 322.27 do not

11  apply to a violation of an ordinance enacted under s.

12  316.008(7). Such violation is not a conviction of the

13  operator, may not be made part of the driving record of the

14  operator, and may not be used for purposes of setting motor

15  vehicle insurance rates. Points may not be assessed based on

16  such a violation.

17         (b)  The procedures set forth in s. 316.1967(2)-(5)

18  apply to a violation of an ordinance enacted under s.

19  316.008(7), except that the ticket must contain the name and

20  address of the person alleged to be liable as the registered

21  owner or operator of the motor vehicle involved in the

22  violation, the registration number of the vehicle, the

23  location where the violation occurred, the date and time of

24  the violation, and information that identifies the device that

25  recorded the violation. The ticket must be delivered by

26  depositing it in first-class mail within 30 days after the

27  alleged violation, addressed to the registered owner of the

28  motor vehicle on file with the Department of Highway Safety

29  and Motor Vehicles. The ticket must advise the registered

30  owner of the motor vehicle responsible for the violation of

31  the amount of the fine, the date by which the fine must be

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  1  paid, and the procedure for contesting the violation alleged

  2  in the ticket. The ticket must contain a warning that failure

  3  to contest the violation in the manner and time provided is

  4  deemed an admission of liability and that a default may be

  5  entered thereon. The violation shall be processed by the

  6  county or municipality that has jurisdiction over the street

  7  or highway where the violation occurred or by any entity

  8  authorized by the county or municipality to prepare and mail

  9  the ticket.

10         (2)  The registered owner of the motor vehicle involved

11  in a violation is responsible and liable for payment of the

12  fine assessed under this section, unless the owner can

13  establish that the motor vehicle was, at the time of the

14  violation, in the care, custody, or control of another person.

15  In order to establish such facts, the registered owner must,

16  within 20 days after receipt of notification of the alleged

17  violation, furnish to the county or municipality, as

18  appropriate, an affidavit that sets forth:

19         (a)  The name, address, and, if known, the driver's

20  license number of the person who leased, rented, or otherwise

21  had care, custody, or control of the motor vehicle at the time

22  of the alleged violation; or

23         (b)  That the vehicle was stolen, with a copy of the

24  police report attached indicating that the vehicle was stolen

25  at the time of the alleged violation.

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27  Upon receipt of an affidavit, the person designated as having

28  had care, custody, or control of the motor vehicle at the time

29  of the violation may be issued a citation. The affidavit is

30  admissible in a proceeding pursuant to this section for the

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  1  purpose of proving that the person identified in the affidavit

  2  was in actual care, custody, or control of the motor vehicle.

  3         (3)  A person may elect to contest the determination

  4  that such person failed to stop when faced with a steady red

  5  traffic-control signal as evidenced by a traffic-infraction

  6  detector by electing to appear before any judge authorized by

  7  law to preside over a court or hearing that adjudicates

  8  traffic infractions. Any person who elects to appear before

  9  the court to present evidence is deemed to have waived the

10  limitation of civil penalties imposed for the violation. The

11  court, after hearing, shall determine whether the violation

12  was committed and may impose a civil penalty not to exceed

13  $100, plus court costs. The court may take appropriate

14  measures to enforce collection of any penalty not paid within

15  the time permitted by the court.

16         (4)  A certificate sworn to or affirmed by a person

17  authorized under s. 316.008(7) who is employed by or under

18  contract with the county or municipality where the violation

19  occurred, or a facsimile thereof which is based upon

20  inspection of photographs or other recorded images produced by

21  a traffic-infraction detector, is prima facie evidence of the

22  facts contained in the certificate. A photograph or other

23  recorded image evidencing such a violation must be available

24  for inspection in any proceeding to adjudicate liability for a

25  violation of an ordinance enacted under s. 316.008(7).

26         (5)  In any county or municipality in which tickets are

27  issued as provided in this section, the names of persons who

28  have one or more outstanding violations may be included on the

29  list authorized under s. 316.1967(6).

30         (6)  The uniform traffic citation prepared by the

31  department under s. 316.650 may not be issued for any

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  1  violation for which a ticket is issued as provided in this

  2  section.

  3         Section 5.  Subsection (8) of section 320.03, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         320.03  Registration; duties of tax collectors;

  6  International Registration Plan.--

  7         (8)  If the applicant's name appears on the list

  8  referred to in s. 316.1001(5), or s. 316.1967(6), or s.

  9  316.1971(5), a license plate or revalidation sticker may not

10  be issued until that person's name no longer appears on the

11  list or until the person presents a receipt from the clerk

12  showing that the outstanding fines outstanding have been paid.

13  The tax collector and the clerk of the court are each entitled

14  to receive monthly, as costs for implementing and

15  administering this subsection, 10 percent of the civil

16  penalties and fines recovered from such persons. If the tax

17  collector has private tag agents, such tag agents are entitled

18  to receive a pro rata share of the amount paid to the tax

19  collector, based upon the percentage of license plates and

20  revalidation stickers issued by the tag agent compared to the

21  total issued within the county. The authority of any private

22  agent to issue license plates shall be revoked, after notice

23  and a hearing as provided in chapter 120, if he or she issues

24  any license plate or revalidation sticker contrary to the

25  provisions of this subsection. This section applies only to

26  the annual renewal in the owner's birth month of a motor

27  vehicle registration and does not apply to the transfer of a

28  registration of a motor vehicle sold by a motor vehicle dealer

29  licensed under this chapter, except for the transfer of

30  registrations which is inclusive of the annual renewals. This

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  1  section does not affect the issuance of the title to a motor

  2  vehicle, notwithstanding s. 319.23(7)(b).

  3         Section 6.  From the funds received from fines imposed

  4  under section 316.008(7), Florida Statutes, each county or

  5  municipality that operates a traffic-infraction detector shall

  6  submit an annual report to the Department of Highway Safety

  7  and Motor Vehicles by 30 days after the anniversary of the

  8  effective date of this act, which details the results of using

  9  the traffic-infraction detector and the procedures for

10  enforcement. From funds received from fines imposed under

11  section 316.008(7), Florida Statutes, the Department of

12  Highway Safety and Motor Vehicles shall contract with the

13  Florida Transportation Commission or the Center for Urban

14  Transportation Research to provide a summary report to the

15  President of the Senate, the Speaker of the House of

16  Representatives, and the Governor regarding the use and

17  operation of traffic-infraction detectors under section

18  316.008, Florida Statutes. The summary report must include a

19  review of the information submitted to the department by the

20  counties and municipalities and must describe the enhancement

21  of the department's traffic safety and enforcement programs as

22  a result of the funds generated under section 316.008(7),

23  Florida Statutes.

24         Section 7.  This act shall take effect upon becoming a

25  law.

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  2                          SENATE SUMMARY

  3    Authorizes a county or municipality to adopt an ordinance
      to allow the use of traffic-infraction detectors that
  4    make recorded images of motor vehicles that fail to stop
      at a red light. Requires that the Department of
  5    Transportation develop training and qualification
      standards for traffic-infraction detector officers.
  6    Requires that signs be posted to provide notice that such
      a detector is in use. Provides that the maximum fine that
  7    may be imposed under an ordinance is $52. Provides
      procedures for a county or municipality in issuing
  8    tickets and collecting fines. Requires the counties and
      municipalities that operate a traffic-infraction detector
  9    to annually report to the Department of Highway Safety
      and Motor Vehicles. Requires that a summary report be
10    provided to the Governor and the Legislature. (See bill
      for details.)
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