House Bill 0335c1

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    Florida House of Representatives - 1999              CS/HB 335

        By the Committee on Transportation and Representatives
    Effman, Cosgrove, Trovillion, Merchant, Jacobs and Greenstein





  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 a

11         penalty; providing that an image produced by a

12         traffic-infraction detector is prima facie

13         evidence that the violation occurred; amending

14         s. 320.03, F.S.; requiring the tax collector to

15         withhold issuing a license plate or

16         revalidation sticker if a person's name appears

17         on a list of outstanding fines; requiring that

18         a county or municipality that operates a

19         traffic-infraction detector report to the

20         Department of Highway Safety and Motor

21         Vehicles; providing for a summary of such

22         reports to be submitted to the Governor and the

23         Legislature; providing an effective date.

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

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

28  316.003, Florida Statutes, 1998 Supplement, to read:

29         316.003  Definitions.--The following words and phrases,

30  when used in this chapter, shall have the meanings

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  1  respectively ascribed to them in this section, except where

  2  the context otherwise requires:

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

  4  a vehicle sensor installed to work in conjunction with a

  5  traffic control signal and a camera synchronized to

  6  automatically record two or more sequenced photographs,

  7  microphotographs, electronic images, or other recorded images

  8  of only the rear of a motor vehicle at the time it fails to

  9  stop when facing a steady red traffic-control signal. Any

10  citation issued by utilization of a traffic-infraction

11  detector must include a photograph showing both the license

12  tag of the offending vehicle and the traffic control device

13  being violated in the same frame.

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

15  Florida Statutes, to read:

16         316.008  Powers of local authorities.--

17         (7)(a)  In order to utilize a traffic-infraction

18  detector a county or municipality must enact an ordinance that

19  provides for the use of a traffic-infraction detector to

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

21  vehicle stop the vehicle when facing a steady red

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

23  jurisdiction of the county or municipality. If a county or

24  municipality elects to use a traffic-infraction detector to

25  enforce compliance with s. 316.075(3), then no portion of any

26  fine collected through the use of such system may be paid to

27  the manufacturer or vendor of the traffic-infraction detector

28  equipment. The compensation paid by the county or municipality

29  for such equipment shall be based on the value of such program

30  and may not be based on the number of traffic citations issued

31  or the revenue generated by such equipment. A county or

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  1  municipality that operates a traffic-infraction detector may,

  2  by ordinance, authorize a traffic-infraction detector officer

  3  to issue a ticket for violations of s. 316.075(3) and to

  4  enforce the payment of tickets for violations of s.

  5  316.075(3). The Department of Highway Safety and Motor

  6  Vehicles shall develop training and qualification standards

  7  for traffic-infraction detector officers. The

  8  traffic-infraction detector officer must successfully meet the

  9  training and qualifications standards for traffic-infraction

10  detector officers established by the Department of Highway

11  Safety and Motor Vehicles. This subsection does not authorize

12  a traffic-infraction detector officer to carry a firearm or

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

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

15  provide motorists with notification that a traffic-infraction

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

17  and requirements adopted by the Department of Transportation

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

19  county or municipality make a public announcement and conduct

20  a public awareness campaign of the proposed use of

21  traffic-infraction detectors at least 30 days before

22  commencing the enforcement program. In addition, the ordinance

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

24  registered owner of a motor vehicle whose vehicle fails to

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

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

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

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

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

30  in this section.

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

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

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

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

  5  that is approved and certified by the Department of Highway

  6  Safety and Motor Vehicles as being effective in reducing crash

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

  8  required to attend driver improvement school more than once

  9  during any 12-month period.

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

11  vehicle is exempt from any ordinance enacted under this

12  subsection.

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

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

15  traffic-infraction detector must be deposited into the Highway

16  Safety Operating Trust Fund of the Department of Highway

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

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

19  hiring additional personnel for the Florida Highway Patrol and

20  enhancing salaries of the Florida Highway Patrol. The county

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

22  proceeds collected to create additional positions for law

23  enforcement officers, provide salary enhancements for law

24  enforcement officers charged with crime prevention, create

25  additional positions for correctional officers, and provide

26  salary enhancements for correctional officers charged with the

27  custody of inmates.

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

29  Statutes, is amended to read:

30         316.0745  Uniform signals and devices.--

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

  2  controlled and operated from a remote location by electronic

  3  computers or similar devices must shall meet all requirements

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

  5  system affects systems affect the movement of traffic on state

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

  7  approved by the Department of Transportation.

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

  9  streets and highways of the state must meet requirements

10  established by the Department of Transportation and must be

11  tested according to procedures and at regular intervals

12  prescribed by the department.

13         Section 4.  Section 316.1971, Florida Statutes, is

14  created to read:

15         316.1971  Penalties for traffic control signal

16  violations detected by traffic-infraction detector;

17  procedures.--

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

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

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

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

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

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

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

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

26  316.008(7). Such violation is not a conviction of the

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

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

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

30  such a violation.

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

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

  3  316.008(7), except that the ticket must contain the name and

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

  5  owner or operator of the motor vehicle involved in the

  6  violation, the registration number of the vehicle, the

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

  8  the violation, and information that identifies the device that

  9  recorded the violation. The ticket must be delivered by

10  certified mail within 30 days after the alleged violation,

11  addressed to the registered owner of the motor vehicle on file

12  with the Department of Highway Safety and Motor Vehicles. The

13  ticket must advise the registered owner of the motor vehicle

14  responsible for the violation of the amount of the fine, the

15  date by which the fine must be paid, and the procedure for

16  contesting the violation alleged in the ticket. The ticket

17  must contain a warning that failure to contest the violation

18  in the manner and time provided is deemed an admission of

19  liability and that a default may be entered thereon. The

20  violation shall be processed by the county or municipality

21  that has jurisdiction over the street or highway where the

22  violation occurred or by any entity authorized by the county

23  or municipality to prepare and mail the ticket.

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

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

26  fine assessed under this section, unless the owner can

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

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

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

30  within 20 days after receipt of notification of the alleged

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  1  violation, furnish to the county or municipality, as

  2  appropriate, an affidavit that sets forth:

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

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

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

  6  of the alleged violation; or

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

  8  police report attached indicating that the vehicle was stolen

  9  at the time of the alleged violation.

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

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

13  of the violation may be issued a ticket. The affidavit is

14  admissible in a proceeding pursuant to this section for the

15  purpose of proving that the person identified in the affidavit

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

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

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

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

20  detector by electing to appear before any judge authorized by

21  law to preside over a court or hearing that adjudicates

22  traffic infractions. Any person who elects to appear before

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

24  limitation of civil penalties imposed for the violation. The

25  court, after hearing, shall determine whether the violation

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

27  $100, plus court costs. The court may take appropriate

28  measures to enforce collection of any penalty not paid within

29  the time permitted by the court.

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

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

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  1  contract with the county or municipality where the violation

  2  occurred, or a facsimile thereof which is based upon

  3  inspection of photographs or other recorded images produced by

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

  5  facts contained in the certificate. A photograph or other

  6  recorded image evidencing such a violation must be available

  7  for inspection in any proceeding to adjudicate liability for a

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

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

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

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

12  list authorized under s. 316.1967(6).

13         (6)  The uniform traffic citation prepared by the

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

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

16  section.

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

18  Statutes, 1998 Supplement, is amended to read:

19         320.03  Registration; duties of tax collectors;

20  International Registration Plan.--

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

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

23  316.1971(5), a license plate or revalidation sticker may not

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

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

26  showing that the outstanding fines outstanding have been paid.

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

28  to receive monthly, as costs for implementing and

29  administering this subsection, 10 percent of the civil

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

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

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

  2  collector, based upon the percentage of license plates and

  3  revalidation stickers issued by the tag agent compared to the

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

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

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

  7  any license plate or revalidation sticker contrary to the

  8  provisions of this subsection. This section applies only to

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

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

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

12  licensed under this chapter, except for the transfer of

13  registrations which is inclusive of the annual renewals. This

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

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

16         Section 6.  From the funds received from fines imposed

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

18  municipality that operates a traffic-infraction detector shall

19  submit an annual report to the Department of Highway Safety

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

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

22  the traffic-infraction detector and the procedures for

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

24  316.008(7), Florida Statutes, the Department of Highway Safety

25  and Motor Vehicles shall provide a summary report to the

26  President of the Senate, the Speaker of the House of

27  Representatives, and the Governor regarding the use and

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

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

30  the information submitted to the department by the counties

31  and municipalities and must describe the enhancement of the

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  1  department's traffic safety and enforcement programs as a

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

  3  Statutes.

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

  5  law.

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