HB 0337 2003
1	A bill to be entitled
2	An act relating to uniform traffic control; providing a
3	popular name; amending s. 316.003, F.S.; defining the term
4	"traffic infraction detector"; amending s. 316.008, F.S.;
5	authorizing the creation of pilot projects in Palm Beach
6	County; authorizing adoption of ordinances permitting the
7	use of traffic infraction detectors under certain
8	circumstances; providing for penalties for violations
9	detected by such detectors; exempting certain vehicles
10	from the ordinance under specified condition; providing
11	procedures for participation in the project; providing for
12	citation content; providing for process of citations
13	issued under the ordinance; limiting scope; providing for
14	responsibility and liability for payment of fine;
15	providing for contest of citation in court; providing for
16	evidence of facts; providing procedures for enforcement of
17	outstanding violations; providing for personnel for
18	enforcement of ordinance; providing for use of funds and
19	excess funds collected; requiring a report to the Governor
20	and the Legislature; providing for future repeal; amending
21	s. 316.0745, F.S.; providing that traffic infraction
22	detectors must meet requirements established by the
23	Department of Transportation; providing for testing
24	according to procedures established by that department;
25	amending s. 320.03, F.S.; prohibiting the issuance of
26	license plates or revalidation stickers when fines are
27	outstanding for violations detected by traffic infraction
28	detectors; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.Popular name.--This act shall be known by the
33	popular name the "Red Light Safety Act of 2003."
34	Section 2. Subsection (84) is added to section 316.003,
35	Florida Statutes, to read:
36	316.003 Definitions.--The following words and phrases,
37	when used in this chapter, shall have the meanings respectively
38	ascribed to them in this section, except where the context
39	otherwise requires:
40	(84) TRAFFIC INFRACTION DETECTOR.--A device that uses a
41	vehicle sensor installed to work in conjunction with a traffic
42	control signal and a camera synchronized to automatically record
43	two or more sequenced photographs, microphotographs, or
44	electronic images, that utilize wet film, of only the rear of a
45	motor vehicle at the time the vehicle fails to stop when facing
46	a steady red traffic control signal. Any citation issued by the
47	utilization of a traffic infraction detector must include a
48	photograph showing both the license tag of the offending vehicle
49	and the traffic control device being violated in the same frame.
50	Section 3. Subsection (7) is added to section 316.008,
51	Florida Statutes, to read:
52	316.008 Powers of local authorities.--
53	(7)(a) There is created a pilot project in Palm Beach
54	County to determine the potential statewide benefits to traffic
55	safety resulting from the use of traffic infraction detectors
56	for the enforcement of s. 316.075(1)(c), which requires the
57	driver of a vehicle to stop the vehicle when facing a steady red
58	traffic control signal. For purposes of this subsection, the
59	word "county" means Palm Beach County. The county and
60	municipalities therein may choose to participate in the pilot
61	project by adopting an ordinance that provides for the use of
62	traffic infraction detectors to enforce s. 316.075(1)(c) on the
63	streets and highways under their respective jurisdictions. An
64	ordinance adopted pursuant to this subsection shall authorize
65	traffic infraction enforcement officers to issue a citation for
66	a violation of s. 316.075(1)(c) and shall establish a schedule
67	of fines to be assessed against the registered owner of a motor
68	vehicle whose vehicle fails to stop when facing a steady red
69	traffic control signal, as determined through the use of a
70	traffic infraction detector. Such fines may not exceed $100.
71	Emergency vehicles responding to an emergency call shall be
72	exempt from an ordinance adopted under this subsection.
73	(b) The county and municipalities choosing to participate
74	in the pilot project shall:
75	1. Post a sign notifying motorists that a traffic
76	infraction detector is in use at each location that a traffic
77	infraction detector is being used to enforce s. 316.075(1)(c).
78	Signs must conform to the standards and requirements adopted by
79	the Department of Transportation under s. 316.0745.
80	2. Conduct a public awareness campaign of the proposed use
81	of traffic infraction detectors at least 30 days prior to
82	commencing enforcement under an ordinance adopted pursuant to
83	this subsection.
84	(c) The procedures set forth in s. 316.1967(2), (3), and
85	(4) shall apply to an ordinance adopted under this subsection.
86	(d) Citations issued pursuant to an ordinance adopted
87	under this subsection must contain the following information:
88	1. The name and address of the person alleged to be
89	liable as the registered owner or operator of the motor vehicle
90	involved in the violation.
91	2. The registration number of the vehicle.
92	3. The location where the violation occurred.
93	4. The date and time of the violation.
94	5. Information that identifies the traffic infraction
95	detector that recorded the violation.
96	6. The amount of the fine.
97	7. The date by which the fine must be paid.
98	8. The procedure for contesting the violation alleged in
99	the citation.
100	9. A warning that failure to contest the violation in the
101	manner and time provided shall be deemed an admission of
102	liability and that a default may be entered thereon.
103	(e) Violations of s. 316.075(1)(c) being enforced in
104	accordance with an ordinance adopted under this subsection shall
105	be processed by the county or municipality that has traffic
106	jurisdiction over the street or highway where the violation
107	occurred or by any entity authorized by the county or
108	municipality to prepare and mail the citation. Chapter 318 and
109	s. 322.27 shall not apply to a violation of s. 316.075(1)(c)
110	when being enforced pursuant to an ordinance adopted under this
111	subsection. In addition, such a violation shall not:
112	1. Be a conviction of the registered owner of the motor
113	vehicle or operator;
114	2. Be made part of the driving record of the registered
115	owner of the motor vehicle or operator;
116	3. Be used for the purposes of setting motor vehicle
117	insurance rates; or
118	4. Result in points being assessed against the registered
119	owner of the motor vehicle or operator.
120	(f) The registered owner of the motor vehicle that was
121	involved in a violation is responsible and liable for payment of
122	the fine assessed in accordance with this subsection unless the
123	owner can establish that the motor vehicle was, at the time of
124	the violation, in the care, custody, or control of another
125	person. In order to establish such facts, the registered owner
126	must, within 20 days after receipt of notification of the
127	alleged violation, furnish to the county or municipality, as
128	appropriate, an affidavit that sets forth:
129	1. The name, address, and, if known, the driver license
130	number of the person who leased, rented, or otherwise had care,
131	custody, or control of the motor vehicle at the time of the
132	alleged violation; or
133	2. That the vehicle was stolen, with a copy of the police
134	report attached indicating that the vehicle was stolen at the
135	time of the alleged violation.
136
137	Upon receipt of an affidavit, the person designated as having
138	had care, custody, or control of the motor vehicle at the time
139	of the violation may be issued a citation. The affidavit is
140	admissible in a proceeding pursuant to this subsection for the
141	purpose of proving that the person identified in the affidavit
142	was in actual care, custody, or control of the motor vehicle.
143	(g) A person may elect to contest the determination that
144	such person failed to stop when faced with a steady red traffic
145	control signal as evidenced by a traffic infraction detector by
146	electing to appear before any judge authorized by law to preside
147	over a court or hearing that adjudicates traffic infractions.
148	Any person who elects to appear before the court to present
149	evidence is deemed to have waived the limitation of civil
150	penalties imposed for the violation. The court, after hearing,
151	shall determine whether the violation was committed and may
152	impose a civil penalty not to exceed $100 plus court costs. The
153	court may take appropriate measures to enforce collection of any
154	penalty not paid within the time permitted by the court.
155	(h) A certificate sworn to or affirmed by a person who is
156	employed by or under contract with the county or municipality
157	where the violation occurred, or a facsimile thereof, which is
158	based upon inspection of photographs or other recorded images
159	produced by a traffic infraction detector, is prima facie
160	evidence of the facts contained in the certificate. A photograph
161	or other recorded image evidencing such a violation must be
162	available for inspection in any proceeding to adjudicate
163	liability for violation of an ordinance adopted under this
164	subsection.
165	(i) In the county and municipalities in which citations
166	are issued as provided in this subsection, the names of persons
167	who have one or more outstanding violations may be included on
168	the list authorized under s. 316.1967(6).
169	(j) For the purpose of enforcing violations of s.
170	316.075(1)(c) pursuant to an ordinance adopted under this
171	subsection, the county and municipalities choosing to
172	participate in the pilot project may employ independent
173	contractors or designate employees as traffic infraction
174	enforcement officers; however, any such traffic infraction
175	officer must successfully meet the training and qualification
176	standards for traffic infraction enforcement officers provided
177	for in s. 316.640(5)(a). Nothing in this subsection shall be
178	construed as authorizing a traffic infraction enforcement
179	officer to carry a firearm or other weapon or to make arrests.
180	Notwithstanding any provision of law to the contrary, traffic
181	infraction enforcement officers shall have the authority to
182	issue citations in accordance with an ordinance adopted pursuant
183	to this subsection by the county and any municipality choosing
184	to participate in the pilot project.
185	(k) The uniform traffic citation prepared by the
186	department under s. 316.650 shall not be used for any violation
187	for which a citation is issued pursuant to an ordinance adopted
188	under this subsection.
189	(l) The county and municipalities choosing to participate
190	in the pilot project shall deposit fines into a separate county
191	or municipal account to be used for the purposes of funding the
192	cost of administration of and equipment for the pilot project.
193	Any excess funds may only be used by the county and
194	municipalities for driver education programs.
195	(m) The county and any municipality choosing to
196	participate in the pilot project shall submit an annual report
197	to the department, which report details the results of using
198	traffic infraction detectors to enforce s. 316.075(1)(c) and the
199	procedures for enforcement. The department shall provide a
200	summary report to the President of the Senate, the Speaker of
201	the House of Representatives, and the Governor regarding the use
202	and operation of traffic infraction detectors under the pilot
203	project. The summary report must include a review of the
204	information submitted to the department by the county and
205	municipalities choosing to participate in the pilot project and
206	must describe the potential for enhancement of the traffic
207	safety and enforcement programs. The department shall report its
208	recommendations on or before December 1, 2004, to the President
209	of the Senate, the Speaker of the House of Representatives, and
210	the Governor, including recommendations for any necessary
211	legislation in the event that the pilot project would be
212	beneficial for application on a statewide basis.
213	(n) This subsection is repealed December 1, 2006.
214	Section 4. Subsection (6) of section 316.0745, Florida
215	Statutes, is amended to read:
216	316.0745 Uniform signals and devices.--
217	(6)(a)Any system of traffic control devices controlled
218	and operated from a remote location by electronic computers or
219	similar devicesmustshallmeet all requirements established for
220	the uniform system, and, if anywheresuchsystem affects
221	systems affectthe movement of traffic on state roads,the
222	design ofthatthesystemmustshallbe reviewed and approved by
223	the Department of Transportation.
224	(b) Any traffic infraction detector deployed on the
225	streets and highways of the state must meet requirements
226	established by the Department of Transportation and must be
227	tested according to procedures and at regular intervals as
228	prescribed by the department.
229	Section 5. Subsection (8) of section 320.03, Florida
230	Statutes, is amended to read:
231	320.03 Registration; duties of tax collectors;
232	International Registration Plan.--
233	(8) If the applicant's name appears on the list referred
234	to ins. 316.008(7)(i),s. 316.1001(4), s. 316.1967(6), or s.
235	713.78(13), a license plate or revalidation sticker may not be
236	issued until that person's name no longer appears on the list or
237	until the person presents a receipt from the clerk showing that
238	theoutstandingfinesoutstandinghave been paid. The tax
239	collector and the clerk of the court are each entitled to
240	receive monthly, as costs for implementing and administering
241	this subsection, 10 percent of the civil penalties and fines
242	recovered from such persons. As used in this subsection, the
243	term "civil penalties and fines" does not include a wrecker
244	operator's lien as described in s. 713.78(13). If the tax
245	collector has private tag agents, such tag agents are entitled
246	to receive a pro rata share of the amount paid to the tax
247	collector, based upon the percentage of license plates and
248	revalidation stickers issued by the tag agent compared to the
249	total issued within the county. The authority of any private
250	agent to issue license plates shall be revoked, after notice and
251	a hearing as provided in chapter 120, if he or she issues any
252	license plate or revalidation sticker contrary to the provisions
253	of this subsection. This section applies only to the annual
254	renewal in the owner's birth month of a motor vehicle
255	registration and does not apply to the transfer of a
256	registration of a motor vehicle sold by a motor vehicle dealer
257	licensed under this chapter, except for the transfer of
258	registrations which is inclusive of the annual renewals. This
259	section does not affect the issuance of the title to a motor
260	vehicle, notwithstanding s. 319.23(7)(b).
261	Section 6. This act shall take effect upon becoming a law.
262