HB 1103

1
A bill to be entitled
2An act relating to uniform traffic control; providing a
3popular name, the "Active Construction Work Zone Safety
4Act of 2004"; providing legislative findings and
5declarations; amending s. 316.003, F.S.; defining the
6terms "active construction work zone" and "photo speed
7detection system"; amending s. 316.0745, F.S.; providing
8that photo speed detection system requirements and testing
9procedures be reviewed and approved by the Department of
10Highway Safety and Motor Vehicles; requiring testing of
11such systems; creating s. 316.0795, F.S.; requiring
12obedience to posted speed limit in an active construction
13work zone; providing for use of a photo speed detection
14system to enforce speed limits in an active construction
15work zone; requiring advance warning signs to notify
16drivers of the photo speed detection system; requiring the
17signs to meet requirements established by the Department
18of Transportation; providing for designation of photo
19speed detection enforcement officers by the Department of
20Transportation in conjunction with the Department of
21Highway Safety and Motor Vehicles; providing procedures
22for processing citations; specifying liability for payment
23of fines; providing for contest of citations in court;
24authorizing the Department of Transportation, in
25conjunction with the Department of Highway Safety and
26Motor Vehicles, to adopt rules and procedures; providing
27that enforcement by photo speed detection systems is
28supplemental to enforcement by law enforcement officers;
29providing penalties; requiring annual reports by the
30Department of Transportation, in coordination with the
31Department of Highway Safety and Motor Vehicles, to the
32Governor and the Legislature; amending s. 316.183, F.S.;
33prohibiting exceeding the posted maximum speed limit in an
34active construction work zone; providing penalties;
35amending s. 316.640, F.S.; providing for training and
36qualifications of photo speed detection enforcement
37officers; authorizing the Department of Transportation,
38the Department of Highway Safety and Motor Vehicles, and
39expressway authorities to employ independent contractors
40or designate employees as photo speed detection
41enforcement officers; authorizing the officers to enforce
42speed limits in active construction work zones; amending
43s. 318.14, F.S.; revising procedures for issuance and
44acceptance of citations for traffic infractions; providing
45for civil penalties when a person cited for violation of
46the speed limit in an active construction work zone elects
47to appear in court; providing requirements and procedures
48for citations issued under s. 316.0795, F.S.; providing
49for effect of the violation; providing circumstances under
50which a person other than the owner of the vehicle shall
51be responsible and liable for payment of fine; providing
52for civil penalties when a person cited under s. 316.0795,
53F.S., for violation of the speed limit in an active
54construction work zone elects to appear in court; amending
55s. 318.18, F.S.; providing civil penalties for violation
56of the speed limit in an active construction work zone;
57amending s. 318.21, F.S.; providing for disposition of
58civil penalties collected for violations cited under s.
59316.0795, F.S.; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Popular name.--This act shall be known by the
64popular name the "Active Construction Work Zone Safety Act of
652004."
66     Section 2.  Legislative findings and declarations.--The
67Legislature finds that safe work conditions at active
68construction work zones are vital to protecting the citizens of
69this state and are a primary requirement to be observed on all
70Department of Transportation construction work. The
71transportation construction industry is experiencing dangerous
72work conditions in areas designated as active construction work
73zones. Existing law allows violators of posted speed limits in
74construction work zones to be assessed fines of double the
75amount set in law. The ability to double regular speeding fines
76provides only a small deterrent to speeders. The Legislature
77further finds that increased traffic enforcement measures are
78necessary in order to ensure the safety of transportation
79construction workers and the motoring public. It is in the
80public interest and necessary for public safety to enforce
81traffic speed limits and reduce the number of violations that
82occur at active construction work zones through issuing
83citations using photo speed detection systems.
84     Section 3.  Subsections (84) and (85) are added to section
85316.003, Florida Statutes, to read:
86     316.003  Definitions.--The following words and phrases,
87when used in this chapter, shall have the meanings respectively
88ascribed to them in this section, except where the context
89otherwise requires:
90     (84)  ACTIVE CONSTRUCTION WORK ZONE.--The area and its
91approaches on any state-maintained highway or a highway included
92in an expressway system as part of an expressway authority
93established pursuant to chapter 348, in which area construction,
94repair, maintenance, or other street-related, highway-related,
95or expressway authority-related work is being performed, if
96construction personnel are present or operating equipment on the
97road or immediately adjacent to the road under construction, or
98if site conditions warrant such an active construction work zone
99designation. The active construction work zone must be
100designated by mounted signs and early warning systems.
101     (85)  PHOTO SPEED DETECTION SYSTEM.-?A device or system
102installed to automatically record one or more sequenced
103photographs, microphotographs, or electronic images of only the
104rear of the motor vehicle at the time the vehicle violates
105traffic speed in an active construction work zone.
106     Section 4.  Subsection (6) of section 316.0745, Florida
107Statutes, is amended to read:
108     316.0745  Uniform signals and devices.--
109     (6)(a)  Any system of traffic control devices controlled
110and operated from a remote location by electronic computers or
111similar devices shall meet all requirements established for the
112uniform system, and, if any where such system affects systems
113affect the movement of traffic on state roads, the design of
114that the system shall be reviewed and approved by the Department
115of Transportation.
116     (b)  Any photo speed detection system deployed on the
117streets and highways of the state must meet requirements
118reviewed and approved by the Department of Highway Safety and
119Motor Vehicles and must be tested according to procedures and at
120regular intervals as reviewed and approved by the Department of
121Highway Safety and Motor Vehicles.
122     Section 5.  Section 316.0795, Florida Statutes, is created
123to read:
124     316.0795  Obedience to posted speed limit in active
125construction work zones.--
126     (1)  Unless otherwise directed by a law enforcement
127officer, the driver of any vehicle, except the driver of an
128authorized emergency vehicle in accordance with s. 316.072(5),
129shall comply with instructions of any photo speed detection
130system placed in accordance with the provisions of this chapter
131and shall not exceed the speed limit posted in an active
132construction work zone. A violation of this subsection is a
133noncriminal traffic infraction, punishable as a moving violation
134as provided in s. 318.18.
135     (2)  A photo speed detection system shall not be used
136unless advance warning signs have been posted ahead of the photo
137speed detection system within the active construction work zone
138to notify motorists that a photo speed detection system is being
139used to enforce speed limits. The advance warning signs must
140conform to the standards and requirements established by the
141Department of Transportation.
142     (3)  The Department of Transportation, in conjunction with
143the Department of Highway Safety and Motor Vehicles, may
144designate photo speed detection enforcement officers pursuant to
145s. 316.640(1).
146     (4)  Citations for violations of subsection (1) shall be
147processed by photo speed detection enforcement officers or by
148any other authorized entity, who shall prepare and mail the
149citation to the registered owner of the vehicle. The following
150procedures shall apply:
151     (a)  The registered owner of a vehicle is responsible and
152liable for payment of any citation for violation unless the
153owner can furnish evidence that the vehicle was, at the time of
154the violation, in the care, custody, or control of another
155person. In such instances, the provisions of s. 318.14(13)(c)
156shall apply.
157     (b)  Any person who is issued a citation by a photo speed
158detection enforcement officer for a violation of subsection (1)
159is deemed to be charged with a noncriminal violation and shall
160comply with the directions on the citation. If payment is not
161received or a response to the citation is not made within the
162time period specified thereon, the county court or its traffic
163violations bureau shall notify the registered owner of the
164vehicle that was cited, by mail to the address given on the
165motor vehicle registration, of the citation. Mailing the notice
166to this address constitutes notification. Upon notification, the
167registered owner shall comply with the court's directive.
168     (c)  Any person who fails to satisfy the court's directive
169waives his or her right to pay the applicable civil penalty.
170     (d)  Any person who elects to appear before a designated
171official to present evidence waives his or her right to pay the
172civil penalty provided in the citation. The official, after a
173hearing, shall make a determination as to whether a violation of
174subsection (1) has been committed and may impose a civil penalty
175not to exceed $100 plus court costs. Any person who fails to pay
176the civil penalty within the time allowed by the court is deemed
177to have been convicted of a violation of subsection (1), and the
178court shall take appropriate measures to enforce collection of
179the fine.
180     (5)  The Department of Transportation, in conjunction with
181the Department of Highway Safety and Motor Vehicles, may adopt
182procedures and rules pursuant to ss. 120.536(1) and 120.54 to
183carry out the provisions of this section.
184     (6)  This section supplements the enforcement of the posted
185speed limit in an active construction work zone under s.
186316.183(6) by law enforcement officers and does not prohibit a
187law enforcement officer from issuing a citation for a violation
188of s. 316.183(6) in accordance with normal traffic enforcement
189techniques; however, no more than one citation for a violation
190of s. 316.183(6) arising from the same incident shall be
191enforceable.
192     Section 6.  The Department of Transportation, in
193coordination with the Department of Highway Safety and Motor
194Vehicles, shall submit an annual report to the Governor, the
195President of the Senate, and the Speaker of the House of
196Representatives regarding the use and operation of photo speed
197detection systems to enforce s. 316.0795, Florida Statutes, and
198the procedures used for enforcement. The report shall include a
199review of the information by the Department of Transportation
200and describe the potential for enhancement of traffic safety and
201enforcement programs. The Department of Transportation shall
202report its recommendations on or before December 1, 2006, to the
203Governor, the President of the Senate, and the Speaker of the
204House of Representatives, including recommendations for any
205necessary legislation that would be beneficial to enhance the
206use and operation of photo speed detection systems on a
207statewide basis.
208     Section 7.  Subsection (6) of section 316.183, Florida
209Statutes, is amended to read:
210     316.183  Unlawful speed.--
211     (6)  No driver of a vehicle shall exceed the posted maximum
212speed limit in a work zone area or an active construction work
213zone.
214     (7)  A violation of this section is a noncriminal traffic
215infraction, punishable as a moving violation as provided in
216chapter 318.
217     Section 8.  Paragraph (b) of subsection (1) of section
218316.640, Florida Statutes, is amended to read:
219     316.640  Enforcement.--The enforcement of the traffic laws
220of this state is vested as follows:
221     (1)  STATE.--
222     (b)1.  The Department of Transportation has authority to
223enforce on all the streets and highways of this state all laws
224applicable within its authority.
225     2.a.  The Department of Transportation shall develop
226training and qualifications standards for toll enforcement
227officers whose sole authority is to enforce the payment of tolls
228pursuant to s. 316.1001. Nothing in this subparagraph shall be
229construed to permit the carrying of firearms or other weapons,
230nor shall a toll enforcement officer have arrest authority.
231     b.  For the purpose of enforcing s. 316.1001, governmental
232entities, as defined in s. 334.03, which own or operate a toll
233facility may employ independent contractors or designate
234employees as toll enforcement officers; however, any such toll
235enforcement officer must successfully meet the training and
236qualifications standards for toll enforcement officers
237established by the Department of Transportation.
238     3.a.  The Department of Transportation and the Department
239of Highway Safety and Motor Vehicles shall develop training and
240qualifications standards for photo speed detection enforcement
241officers whose sole authority is to enforce the provisions of s.
242316.0795. Nothing in this subparagraph shall be construed to
243permit the carrying of firearms or other weapons, nor shall a
244photo speed detection enforcement officer have arrest authority.
245     b.  For the purposes of processing and enforcing citations
246for violations of s. 316.0795(1), the Department of
247Transportation, the Department of Highway Safety and Motor
248Vehicles, and expressway authorities established pursuant to
249chapter 348 may employ independent contractors or designate
250employees as photo speed detection enforcement officers;
251however, any such photo speed detection enforcement officer must
252successfully meet the training and qualifications standards for
253photo speed detection enforcement officers established by the
254Department of Transportation and the Department of Highway
255Safety and Motor Vehicles.
256     (8)  TRAFFIC ENFORCEMENT AGENCY.--Any agency or
257governmental entity designated in subsection (1), subsection
258(2), or subsection (3), including a university, a community
259college, a school board, or an airport authority, is a traffic
260enforcement agency for purposes of s. 316.650.
261     Section 9.  Subsections (2) and (5) of section 318.14,
262Florida Statutes, are amended, and subsection (13) is added to
263said section, to read:
264     318.14  Noncriminal traffic infractions; exception;
265procedures.--
266     (2)  Except as provided in ss. 316.0795 and s. 316.1001(2),
267any person cited for an infraction under this section must sign
268and accept a citation indicating a promise to appear. The
269officer may indicate on the traffic citation the time and
270location of the scheduled hearing and must indicate the
271applicable civil penalty established in s. 318.18.
272     (5)  Any person electing to appear before the designated
273official or who is required so to appear shall be deemed to have
274waived his or her right to the civil penalty provisions of s.
275318.18. The official, after a hearing, shall make a
276determination as to whether an infraction has been committed. If
277the commission of an infraction has been proven, the official
278may impose a civil penalty not to exceed $500, except that in
279cases involving unlawful speed in a school zone, involving
280unlawful speed in a construction zone or an active construction
281work zone, or involving a death, the civil penalty may not
282exceed $1,000; or require attendance at a driver improvement
283school, or both. If the official determines that no infraction
284has been committed, no costs or penalties shall be imposed and
285any costs or penalties that have been paid shall be returned.
286     (13)(a)  Citations issued pursuant to s. 316.0795 shall
287contain the following information:
288     1.  The name and address of the person alleged to be liable
289as the operator or registered owner of the motor vehicle
290involved in the violation. In the case of joint ownership of a
291motor vehicle, the traffic citation shall be mailed to the first
292name appearing on the registration, unless the first name
293appearing on the registration is a business organization, in
294which case the second name appearing on the registration may be
295used.
296     2.  A photograph showing the offending vehicle at the time
297of the speeding violation, with a data bar within the photograph
298depicting the speed of the vehicle, the posted speed limit, the
299date and time of the offense, and the location code, which shall
300be described in the narrative in the body of the citation.
301     3.  The registration number of the vehicle.
302     4.  An enlarged photograph of the license plate of the
303offending vehicle at the time of the violation.
304     5.  Information that identifies the photo speed detection
305system that recorded the violation.
306     6.  The amount of the fine.
307     7.  The date by which the fine must be paid.
308     8.  The procedure for contesting the violation alleged in
309the citation.
310     9.  A warning that failure to contest the violation in the
311manner and time provided shall be deemed an admission of
312liability and that a default may be entered thereon.
313     (b)  Violation of s. 316.0795(1) shall not:
314     1.  Be a conviction of the operator or registered owner of
315the motor vehicle;
316     2.  Be made part of the driving record of the operator or
317registered owner of the motor vehicle;
318     3.  Be used for the purposes of setting motor vehicle
319insurance rates; or
320     4.  Result in points being assessed against the operator or
321registered owner of the motor vehicle.
322     (c)  The registered owner of the motor vehicle that was
323involved in a violation shall be responsible and liable for
324payment of the fine assessed in accordance with this subsection
325unless the owner can establish that the motor vehicle was, at
326the time of the violation, in the care, custody, or control of
327another person. In order to establish such facts, the registered
328owner shall, within 20 days after receipt of notification of the
329alleged violation, furnish to the court, as appropriate, an
330affidavit that sets forth:
331     1.  The name, address, and, if known, driver license number
332of the person who leased, rented, or was otherwise responsible
333for the care, custody, or control of the motor vehicle at the
334time of the alleged violation; or
335     2.  That the vehicle was stolen, with a copy of the police
336report attached indicating that the vehicle was stolen at the
337time of the alleged violation. The owner of a vehicle shall not
338be responsible for a violation if the vehicle involved was, at
339the time of the violation, stolen or in the care, custody, or
340control of a person who did not have the permission of the owner
341to use the vehicle.
342
343Upon receipt of the affidavit, the person designated as having
344been responsible for the care, custody, or control of the motor
345vehicle at the time of the violation may be issued a citation.
346The affidavit raises the rebuttable presumption that the person
347identified in the affidavit is responsible for payment of the
348cited violation and is admissible in a proceeding pursuant to
349this subsection for the purpose of proving that the motor
350vehicle was in the actual care, custody, or control of the
351person identified in the affidavit.
352     (d)  A person may elect to contest the determination that
353he or she exceeded the posted speed limits within a designated
354active construction work zone as evidenced by a photo speed
355detection system by electing to appear before any judge
356authorized by law to preside over a court or hearing that
357adjudicates traffic infractions. Any person who elects to appear
358before the court to present evidence shall be deemed to have
359waived the limitation of civil penalties imposed for the
360violation. The court, after hearing, shall determine whether the
361violation was committed and may impose a civil penalty of $100
362plus court costs. The court may take appropriate measures to
363enforce collection of any penalty not paid within the time
364permitted by the court.
365     Section 10.  Subsection (3) of section 318.18, Florida
366Statutes, as amended by section 99 of chapter 2003-402, Laws of
367Florida, is amended to read:
368     318.18  Amount of civil penalties.--The penalties required
369for a noncriminal disposition pursuant to s. 318.14 are as
370follows:
371     (3)(a)  Except as otherwise provided in this section, $60
372for all moving violations not requiring a mandatory appearance.
373     (b)  For moving violations involving unlawful speed, the
374fines are as follows:
375
376For speed exceeding the limit by:                       Fine:
3771-5 m.p.h..............................................Warning
3786-9 m.p.h..............................................$ 25
37910-14 m.p.h............................................$100
38015-19 m.p.h............................................$125
38120-29 m.p.h............................................$150
38230 m.p.h. and above....................................$250
383
384     (c)  Notwithstanding paragraph (b), a person cited for
385exceeding the speed limit by up to 5 m.p.h. in a legally posted
386school zone will be fined $50. A person exceeding the speed
387limit in a school zone will be assessed a fine double the amount
388listed in paragraph (b).
389     (d)1.  A person cited by a means other than a photo speed
390detection system for exceeding the speed limit in a posted
391construction zone shall pay a fine double the amount listed in
392paragraph (b). The fine shall be doubled for construction zone
393violations only if construction personnel are present or
394operating equipment on the road or immediately adjacent to the
395road under construction.
396     2.  Notwithstanding paragraph (b), a person cited under s.
397316.0795 for exceeding the speed limit in an active construction
398work zone shall be assessed a fine of $100. This amount shall be
399distributed pursuant to s. 318.21.
400     (e)  If a violation of s. 316.1301 or s. 316.1303 results
401in an injury to the pedestrian or damage to the property of the
402pedestrian, an additional fine of up to $250 shall be paid. This
403amount must be distributed pursuant to s. 318.21.
404     (f)  A person cited for exceeding the speed limit within a
405zone posted for any electronic or manual toll collection
406facility shall pay a fine double the amount listed in paragraph
407(b). However, no person cited for exceeding the speed limit in
408any toll collection zone shall be subject to a doubled fine
409unless the governmental entity or authority controlling the toll
410collection zone first installs a traffic control device
411providing warning that speeding fines are doubled. Any such
412traffic control device must meet the requirements of the uniform
413system of traffic control devices.
414     Section 11.  Subsection (13) is added to section 318.21,
415Florida Statutes, to read:
416     318.21  Disposition of civil penalties by county
417courts.--All civil penalties received by a county court pursuant
418to the provisions of this chapter shall be distributed and paid
419monthly as follows:
420     (13)  For the fine assessed under s. 318.18(3)(d)2. for a
421violation of s. 316.0795(1), 25 percent shall be remitted to the
422county in which the fine originated, and 75 percent shall be
423remitted to the Department of Transportation for deposit to the
424State Transportation Trust Fund. Any amount accruing to the
425Department of Transportation which is not required to carry out
426the provisions of s. 316.0795 shall be used for any valid
427transportation purpose.
428     Section 12.  This act shall take effect July 1, 2004.


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