House Bill 0335

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    Florida House of Representatives - 1999                 HB 335

        By Representatives Effman and Cosgrove






  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; amending s. 316.1001, F.S.;

23         authorizing local governments to use code

24         enforcement procedures to enforce citations for

25         failure to pay required tolls; providing an

26         effective date.

27

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

29

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

31  316.003, Florida Statutes, 1998 Supplement, to read:

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  1         316.003  Definitions.--The following words and phrases,

  2  when used in this chapter, shall have the meanings

  3  respectively ascribed to them in this section, except where

  4  the context otherwise requires:

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

  6  a vehicle sensor installed to work in conjunction with a

  7  traffic control signal and a camera synchronized to

  8  automatically record two or more sequenced photographs,

  9  microphotographs, electronic images, or other recorded images

10  of only the rear of the motor vehicle at the time it fails to

11  stop when facing a steady red traffic-control signal.

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

13  Florida Statutes, to read:

14         316.008  Powers of local authorities.--

15         (7)(a)  A county or municipality may enact an ordinance

16  that provides for the use of a traffic-infraction detector to

17  enforce s. 316.075(3), which requires that the driver of a

18  vehicle stop the vehicle when facing a steady red

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

20  jurisdiction of the county or municipality. The ordinance may

21  authorize the county or municipality to contract with a

22  private provider to implement this subsection. A county or

23  municipality that operates a traffic-infraction detector may,

24  by ordinance, authorize a traffic-infraction detector officer

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

26  316.075(3) and to enforce the payment of citations for

27  violations of s. 316.075(3). The Department of Transportation

28  shall develop training and qualification standards for

29  traffic-infraction detector officers. The traffic-infraction

30  detector officer must successfully meet the training and

31  qualifications standards for traffic-infraction detector

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  1  officers established by the Department of Transportation. This

  2  subsection does not authorize a traffic-infraction detector

  3  officer to carry a firearm or other weapon and does not

  4  authorize such an officer to make arrests. The ordinance must

  5  require that a sign be posted to provide motorists with

  6  notification that a traffic-infraction detector is in use.

  7  Such signage must conform to the standards and requirements

  8  adopted by the Department of Transportation under s. 316.0745.

  9  The ordinance must also require that the county or

10  municipality make a public announcement and conduct a public

11  awareness campaign of the proposed use of traffic-infraction

12  detectors at least 30 days before commencing the enforcement

13  program. In addition, the ordinance must establish a schedule

14  of fines to be assessed against the registered owner of a

15  motor vehicle whose vehicle fails to stop when facing a steady

16  red traffic-control signal, as determined through the use of a

17  traffic-infraction detector. However, any such fine imposed by

18  ordinance may not exceed $52. Notwithstanding any other law,

19  an additional surcharge, fee, or cost may not be added to the

20  civil penalty authorized in this section.

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

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

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

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

25  that is approved by the Department of Highway Safety and Motor

26  Vehicles as being effective in reducing crash and violation

27  rates under s. 318.1451(5). A person may not be required to

28  attend driver improvement school more than once during any

29  12-month period.

30

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

  2  medical transportation vehicle is exempt from any ordinance

  3  enacted under this subsection.

  4         (d)  Twenty percent of all gross proceeds collected by

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

  6  traffic-infraction detector must be deposited into the Highway

  7  Safety Operating Trust Fund of the Department of Highway

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

  9  which moneys in the trust fund may be expended, including, as

10  priority, the hiring of additional personnel for the Florida

11  Highway Patrol and to the extent additional funds are

12  available, the funds must be used for enhancing salaries of

13  the Florida Highway Patrol. The county or municipality may use

14  up to 50 percent of the remaining proceeds collected to create

15  additional positions for law enforcement officers, provide

16  salary enhancements for law enforcement officers charged with

17  crime prevention, create additional positions for correctional

18  officers, and provide salary enhancements for correctional

19  officers charged with the custody of inmates.

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

21  Statutes, is amended to read:

22         316.0745  Uniform signals and devices.--

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

24  controlled and operated from a remote location by electronic

25  computers or similar devices must shall meet all requirements

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

27  system affects systems affect the movement of traffic on state

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

29  approved by the Department of Transportation.

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

31  streets and highways of the state must meet requirements

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  1  established by the Department of Highway Safety and Motor

  2  Vehicles and must be tested according to procedures and at

  3  regular intervals prescribed by the department.

  4         Section 4.  Section 316.1971, Florida Statutes, is

  5  created to read:

  6         316.1971  Penalties for traffic control signal

  7  violations detected by traffic-infraction detector;

  8  procedures.--

  9         (1)(a)  A county or municipality may adopt an ordinance

10  that provides for the use of a traffic-infraction detector in

11  order to impose a fine on the registered owner of a motor

12  vehicle for a violation of an ordinance enacted under s.

13  316.008(7). The fine shall be imposed in the same manner and

14  is subject to the same limitations as provided for parking

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

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

17  316.008(7). Such violation is not a conviction of the

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

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

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

21  such a violation.

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

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

24  316.008(7), except that the ticket must contain the name and

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

26  owner or operator of the motor vehicle involved in the

27  violation, the registration number of the vehicle, the

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

29  the violation, and information that identifies the device that

30  recorded the violation. The ticket must be delivered by

31  depositing it in first-class mail within 15 days after the

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  1  alleged violation, addressed to the registered owner of the

  2  motor vehicle on file with the Department of Highway Safety

  3  and Motor Vehicles. The ticket must advise the registered

  4  owner of the motor vehicle responsible for the violation of

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

  6  paid, and the procedure for contesting the violation alleged

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

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

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

10  entered thereon. The violation shall be processed by the

11  county or municipality that has jurisdiction over the street

12  or highway where the violation occurred or by any entity

13  authorized by the county or municipality to prepare and mail

14  the ticket.

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

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

17  fine assessed under this section, unless the owner can

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

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

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

21  within 20 days after receipt of notification of the alleged

22  violation, furnish to the county or municipality, as

23  appropriate, an affidavit that sets forth:

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

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

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

27  of the alleged violation; or

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

29  police report attached which indicates that the vehicle was

30  stolen at the time of the alleged violation.

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

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

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

  4  admissible in a proceeding pursuant to this section for the

  5  purpose of proving that the person identified in the affidavit

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

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

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

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

10  detector by electing to appear before any judge authorized by

11  law to preside over a court or hearing that adjudicates

12  traffic infractions. Any person who elects to appear before

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

14  limitation of civil penalties imposed for the violation. The

15  court, after hearing, shall determine if the violation was

16  committed and may impose a civil penalty not to exceed $100,

17  plus court costs. The court may take appropriate measures to

18  enforce collection of any penalty not paid within the time

19  permitted by the court.

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

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

22  contract with the county or municipality where the violation

23  occurred, or a facsimile thereof which is based upon

24  inspection of photographs or other recorded images produced by

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

26  facts contained in the certificate. A photograph or other

27  recorded image evidencing such a violation must be available

28  for inspection in any proceeding to adjudicate liability for a

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

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

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

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

  2  list authorized under s. 316.1967(6).

  3         (6)  The uniform traffic citation prepared by the

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

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

  6  section.

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

  8  Statutes, 1998 Supplement, is amended to read:

  9         320.03  Registration; duties of tax collectors;

10  International Registration Plan.--

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

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

13  316-197(5) a license plate or revalidation sticker may not be

14  issued until that person's name no longer appears on the list

15  or until the person presents a receipt from the clerk showing

16  that the outstanding fines outstanding have been paid. The tax

17  collector and the clerk of the court are each entitled to

18  receive monthly, as costs for implementing and administering

19  this subsection, 10 percent of the civil penalties and fines

20  recovered from such persons. If the tax collector has private

21  tag agents, such tag agents are entitled to receive a pro rata

22  share of the amount paid to the tax collector, based upon the

23  percentage of license plates and revalidation stickers issued

24  by the tag agent compared to the total issued within the

25  county. The authority of any private agent to issue license

26  plates shall be revoked, after notice and a hearing as

27  provided in chapter 120, if he or she issues any license plate

28  or revalidation sticker contrary to the provisions of this

29  subsection. This section applies only to the annual renewal in

30  the owner's birth month of a motor vehicle registration and

31  does not apply to the transfer of a registration of a motor

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  1  vehicle sold by a motor vehicle dealer licensed under this

  2  chapter, except for the transfer of registrations which is

  3  inclusive of the annual renewals. This section does not affect

  4  the issuance of the title to a motor vehicle, notwithstanding

  5  s. 319.23(7)(b).

  6         Section 6.  From the funds received from fines imposed

  7  under s. 316.008(7), Florida Statutes, each county or

  8  municipality that operates a traffic-infraction detector shall

  9  submit a report to the Department of Highway Safety and Motor

10  Vehicles by January 1, 2003, which details the results of

11  using the traffic-infraction detector and the procedures for

12  enforcement. From funds received from fines imposed under s.

13  316.008(7), Florida Statutes, the Department of Highway Safety

14  and Motor Vehicles shall contract with the Florida

15  Transportation Commission or the Center for Urban

16  Transportation Research to provide a summary report to the

17  President of the Senate, the Speaker of the House of

18  Representatives, and the Governor regarding the use and

19  operation of traffic-infraction detectors under s. 316.008,

20  Florida Statutes. The summary report must include a review of

21  the information submitted to the department by the counties

22  and municipalities and must describe the enhancement of the

23  department's traffic safety and enforcement programs as a

24  result of the funds generated under s. 316.008(7), Florida

25  Statutes.

26         Section 7.  Subsection (5), Florida Statutes, is

27  amended and renumbered as subsection (6), and a new subsection

28  (5) is added to said section, to read:

29         316.1001  Payment of toll on toll facilities required;

30  penalties.--

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  1         (5)  Any local government with a toll facility, may

  2  enact ordinances to enforce this section using local code

  3  enforcement procedures contained in chapter 162.

  4         (6)(5)  Subsections (2)-(5)(4) supplement the

  5  enforcement of this section by law enforcement officers, and

  6  this section does not prohibit a law enforcement officer from

  7  issuing a citation for a violation of this section in

  8  accordance with normal traffic enforcement techniques.

  9         Section 8.  This act shall take effect upon becoming a

10  law.

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12            *****************************************

13                          HOUSE SUMMARY

14
      Defines the term "traffic infraction detector" to mean a
15    device that uses a vehicle sensor installed to work in
      conjunction with a traffic control signal and a camera
16    synchronized to automatically record two or more
      sequenced photographs, microphotographs, electronic
17    images, or other recorded images of only the rear of the
      motor vehicle at the time it fails to stop when facing a
18    steady red traffic-control signal.  Authorizes counties
      or municipalities to enact an ordinance that provides for
19    the use of traffic-infraction detectors to enforce
      traffic laws that require the driver of a vehicle to stop
20    when facing a steady red traffic signal.  Provides for
      traffic-infraction detector officers.  Provides for
21    public notice prior to the use of a traffic infraction
      detector.  See bill for details.
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