Senate Bill 1436

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1436

    By Senators Forman, Klein and Kurth





    32-325-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to uniform traffic control;

  3         creating the "Red Light Safety Act of 2000";

  4         amending s. 316.003, F.S.; defining the term

  5         "traffic infraction detector"; creating a pilot

  6         project in Palm Beach and Broward Counties

  7         administered by the Department of Highway

  8         Safety and Motor Vehicles; authorizing counties

  9         and municipalities in the pilot project to

10         enact ordinances permitting the use of traffic

11         infraction detectors; providing an exception;

12         providing penalties for traffic control signal

13         violations detected by traffic infraction

14         detectors; providing procedures; amending s.

15         316.0745, F.S.; providing that traffic

16         infraction detectors must meet certain

17         requirements; amending s. 320.03, F.S.;

18         providing a cross-reference in conformance to

19         the act; prohibiting the issuance of license

20         plates or revalidation stickers when fines are

21         outstanding for violations detected by traffic

22         infraction detectors; providing for an annual

23         report on the use of traffic infraction

24         detectors by counties and municipalities in the

25         pilot project; providing an effective date.

26

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

28

29         Section 1.  Short title.--This act may be cited as the

30  "Red Light Safety Act of 2000."

31

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1         Section 2.  Subsection (82) is added to section

  2  316.003, Florida Statutes, to read:

  3         316.003  Definitions.--The following words and phrases,

  4  when used in this chapter, shall have the meanings

  5  respectively ascribed to them in this section, except where

  6  the context otherwise requires:

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

  8  a vehicle sensor installed to work in conjunction with a

  9  traffic control signal and a camera synchronized to

10  automatically record two or more sequenced photographs,

11  microphotographs, or electronic images which utilize wet film,

12  of only the rear of a motor vehicle at the time the vehicle

13  fails to stop when facing a steady red traffic control signal.

14  Any citation issued by the utilization of a traffic infraction

15  detector must include a photograph showing both the license

16  tag of the offending vehicle and the traffic control device

17  being violated in the same frame.

18         Section 3.  Pilot project on use of traffic infraction

19  detectors in Palm Beach and Broward Counties; administration;

20  report.--

21         (1)  There is hereby created a pilot project on the

22  operation of traffic infraction detectors. The pilot project

23  shall be administered by the Department of Highway Safety and

24  Motor Vehicles in Palm Beach and Broward Counties. The pilot

25  project shall include the following provisions:

26         (a)  In order to utilize a traffic infraction detector,

27  Palm Beach County or Broward County or a municipality therein

28  may enact an ordinance that provides for the use of a traffic

29  infraction detector to enforce section 316.075(1)(c), Florida

30  Statutes, which requires the driver of a vehicle to stop the

31  vehicle when facing a steady red traffic control signal on the

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1  streets and highways under the jurisdiction of the county or

  2  municipality. A county or municipality within the pilot

  3  project that operates a traffic infraction detector may, by

  4  ordinance, authorize a traffic infraction officer to issue a

  5  ticket for violations of section 316.075(1)(c), Florida

  6  Statutes, and to enforce the payment of tickets for such

  7  violation. This paragraph does not authorize a traffic

  8  infraction officer to carry a firearm or other weapon and does

  9  not authorize such an officer to make arrests. The ordinance

10  must require that a sign be posted to provide motorists with

11  notification that a traffic infraction detector is in use.

12  Such signage must conform to the standards and requirements

13  adopted by the Department of Transportation under section

14  316.0745, Florida Statutes. The ordinance must also require

15  that the county or municipality make a public announcement and

16  conduct a public awareness campaign of the proposed use of

17  traffic infraction detectors at least 30 days before

18  commencing the enforcement program. In addition, the ordinance

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

20  registered owner of a motor vehicle whose vehicle fails to

21  stop when facing a steady red traffic control signal, as

22  determined through the use of a traffic infraction detector.

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

24  $100. Any other provision of law to the contrary

25  notwithstanding, an additional surcharge, fee, or cost may not

26  be added to the civil penalty authorized by this subsection.

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

28  vehicle is exempt from any ordinance enacted under this

29  subsection.

30         (c)  A county or municipality within the pilot project

31  may adopt an ordinance that provides for the use of a traffic

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1  infraction detector in order to impose a fine on the

  2  registered owner of a motor vehicle for a violation of an

  3  ordinance enacted under section 316.008(7), Florida Statutes.

  4  The fine shall be imposed in the same manner and is subject to

  5  the same limitations as provided for parking violations under

  6  section 316.1967, Florida Statutes. Chapter 318, Florida

  7  Statutes, and section 322.27, Florida Statutes, do not apply

  8  to a violation of an ordinance enacted under section

  9  316.008(7), Florida Statutes. Such a violation is not a

10  conviction of the operator, and may not be made part of the

11  driving record of the operator, and may not be used for

12  purposes of setting motor vehicle insurance rates. Points may

13  not be assessed based upon such a violation.

14         (d)  The procedures set forth in section 316.1967(2),

15  (3), (4), and (5), Florida Statutes, apply to a violation of

16  an ordinance enacted under section 316.008(7), Florida

17  Statutes, except that the ticket must contain the name and

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

19  owner or operator of the motor vehicle involved in the

20  violation, the registration number of the vehicle, the

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

22  the violation, and information that identifies the device that

23  recorded the violation. The ticket must advise the registered

24  owner of the motor vehicle responsible for the violation of

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

26  paid, and the procedure for contesting the violation alleged

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

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

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

30  entered thereon. The violation shall be processed by the

31  county or municipality that has jurisdiction over the street

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1  or highway where the violation occurred or by any entity

  2  authorized by the county or municipality to prepare and mail

  3  the ticket.

  4         (e)  The registered owner of the motor vehicle involved

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

  6  fine assessed under this section, unless the owner can

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

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

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

10  within 20 days after receipt of notification of the alleged

11  violation, furnish to the county or municipality, as

12  appropriate, an affidavit that sets forth:

13         1.  The name, address, and, if known, the driver's

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

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

16  of the alleged violation; or

17         2.  That the vehicle was stolen, with a copy of the

18  police report attached indicating that the vehicle was stolen

19  at the time of the alleged violation.

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

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

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

24  admissible in a proceeding pursuant to this section for the

25  purpose of proving that the person identified in the affidavit

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

27         (f)  A person may elect to contest the determination

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

29  traffic control signal as evidenced by a traffic infraction

30  detector by electing to appear before any judge authorized by

31  law to preside over a court or hearing that adjudicates

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1  traffic infractions. Any person who elects to appear before

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

  3  limitation of civil penalties imposed for the violation. The

  4  court, after hearing, shall determine whether the violation

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

  6  $100 plus court costs. The court may take appropriate measures

  7  to enforce collection of any penalty not paid within the time

  8  permitted by the court.

  9         (g)  A certificate sworn to or affirmed by a person

10  authorized under section 316.008(7), Florida Statutes, who is

11  employed by or under contract with the county or municipality

12  where the violation occurred, or a facsimile thereof which is

13  based upon inspection of photographs or other recorded images

14  produced by a traffic infraction detector, is prima facie

15  evidence of the facts contained in the certificate. A

16  photograph or other recorded image evidencing such a violation

17  must be available for inspection in any proceeding to

18  adjudicate liability for violation of an ordinance enacted

19  under section 316.008(7), Florida Statutes.

20         (h)  In any county or municipality in which tickets are

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

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

23  list authorized under section 316.1967(6), Florida Statutes.

24         (i)  The uniform traffic citation prepared by the

25  department under section 316.650, Florida Statutes, may not be

26  issued for any violation for which a ticket is issued as

27  provided in this section.

28         (2)  From the funds received from fines imposed under

29  section 316.008(7), Florida Statutes, each county or

30  municipality that operates a traffic infraction detector under

31  the pilot project shall submit an annual report to the

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1  Department of Highway Safety and Motor Vehicles, which report

  2  details the results of using the traffic infraction detector

  3  and the procedures for enforcement. The Department of Highway

  4  Safety and Motor Vehicles shall provide a summary report to

  5  the President of the Senate, the Speaker of the House of

  6  Representatives, and the Governor regarding the use and

  7  operation of traffic infraction detectors under section

  8  316.008, Florida Statutes. The summary report must include a

  9  review of the information submitted to the department by the

10  counties and municipalities and must describe the enhancement

11  of the traffic safety and enforcement programs. The department

12  shall report its recommendations on or before December 1,

13  2001, to the President of the Senate, the Speaker of the House

14  of Representatives, and the Governor, including any necessary

15  legislation in the event that the pilot project would be

16  beneficial for application on a statewide basis.

17         (3)  This section shall stand repealed effective

18  December 1, 2002.

19         Section 4.  Subsection (6) of section 316.0745, Florida

20  Statutes, is amended to read:

21         316.0745  Uniform signals and devices.--

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

23  controlled and operated from a remote location by electronic

24  computers or similar devices must shall meet all requirements

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

26  system affects systems affect the movement of traffic on state

27  roads the design of the system must shall be reviewed and

28  approved by the Department of Transportation.

29         (b)  Any traffic infraction detector deployed on the

30  streets and highways of the state must meet requirements

31  established by the Department of Transportation and must be

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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




  1  tested according to procedures and at regular intervals as

  2  prescribed by the department.

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

  4  Statutes, 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 section 316.1001(4), or section 316.1967(6), or

  9  section 316.1971(5), a license plate or revalidation sticker

10  may not be issued until that person's name no longer appears

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

12  clerk showing that the outstanding fines outstanding have been

13  paid. The tax collector and the clerk of the court are each

14  entitled 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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    Florida Senate - 2000                                  SB 1436
    32-325-00                                               See HB




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

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

  3         Section 6.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                       LEGISLATIVE SUMMARY

  8
      Creates the "Red Light Safety Act of 2000." Defines the
  9    term "traffic infraction detector" to mean a device that
      uses a vehicle sensor installed to work in conjunction
10    with a traffic control signal and a camera synchronized
      to automatically record two or more sequenced
11    photographs, microphotographs, or electronic images which
      utilize wet film, of only the rear of a motor vehicle at
12    the time the vehicle fails to stop when facing a steady
      red traffic control signal. Creates a pilot project in
13    Palm Beach and Broward Counties administered by the
      Department of Highway Safety and Motor Vehicles which
14    enables such counties and municipalities therein to
      provide for the use of traffic infraction detectors. (See
15    bill for details.)

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