HB 1103CS

CHAMBER ACTION



1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to uniform traffic control; providing a
8popular name, the "Active Construction Work Zone Safety
9Act of 2004"; providing legislative findings and
10declarations; amending s. 316.003, F.S.; defining the
11terms "active construction work zone" and "photo speed
12detection system"; amending s. 316.0745, F.S.; providing
13that photo speed detection system requirements and testing
14procedures be reviewed and approved by the Department of
15Highway Safety and Motor Vehicles; requiring testing of
16such systems; creating s. 316.0795, F.S.; requiring
17obedience to posted speed limit in an active construction
18work zone; providing for use of a photo speed detection
19system to enforce speed limits in an active construction
20work zone; requiring advance warning signs to notify
21drivers of the photo speed detection system; requiring the
22signs to meet requirements established by the Department
23of Transportation; providing for designation of photo
24speed detection enforcement officers by the Department of
25Transportation in conjunction with the Department of
26Highway Safety and Motor Vehicles; providing procedures
27for processing citations; specifying liability for payment
28of fines; providing for contest of citations in court;
29authorizing the Department of Transportation, in
30conjunction with the Department of Highway Safety and
31Motor Vehicles, to adopt rules and procedures; providing
32that enforcement by photo speed detection systems is
33supplemental to enforcement by law enforcement officers;
34providing penalties; requiring annual reports by the
35Department of Transportation, in coordination with the
36Department of Highway Safety and Motor Vehicles, to the
37Governor and the Legislature; amending s. 316.183, F.S.;
38prohibiting exceeding the posted maximum speed limit in an
39active construction work zone; providing penalties;
40amending s. 316.640, F.S.; providing for training and
41qualifications of photo speed detection enforcement
42officers; authorizing the Department of Transportation,
43the Department of Highway Safety and Motor Vehicles, and
44expressway authorities to employ independent contractors
45or designate employees as photo speed detection
46enforcement officers; authorizing the officers to enforce
47speed limits in active construction work zones; amending
48s. 318.14, F.S.; revising procedures for issuance and
49acceptance of citations for traffic infractions; providing
50for civil penalties when a person cited for violation of
51the speed limit in an active construction work zone elects
52to appear in court; providing requirements and procedures
53for citations issued under s. 316.0795, F.S.; providing
54for effect of the violation; providing circumstances under
55which a person other than the owner of the vehicle shall
56be responsible and liable for payment of fine; providing
57for civil penalties when a person cited under s. 316.0795,
58F.S., for violation of the speed limit in an active
59construction work zone elects to appear in court; amending
60s. 318.18, F.S.; providing civil penalties for violation
61of the speed limit in an active construction work zone;
62amending s. 318.21, F.S.; providing for disposition of
63civil penalties collected for violations cited under s.
64316.0795, F.S.; providing an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Popular name.--This act shall be known by the
69popular name the "Active Construction Work Zone Safety Act of
702004."
71     Section 2.  Legislative findings and declarations.--The
72Legislature finds that safe work conditions at active
73construction work zones are vital to protecting the citizens of
74this state and are a primary requirement to be observed on all
75Department of Transportation construction work. The
76transportation construction industry is experiencing dangerous
77work conditions in areas designated as active construction work
78zones. Existing law allows violators of posted speed limits in
79construction work zones to be assessed fines of double the
80amount set in law. The ability to double regular speeding fines
81provides only a small deterrent to speeders. The Legislature
82further finds that increased traffic enforcement measures are
83necessary in order to ensure the safety of transportation
84construction workers and the motoring public. It is in the
85public interest and necessary for public safety to enforce
86traffic speed limits and reduce the number of violations that
87occur at active construction work zones through issuing
88citations using photo speed detection systems.
89     Section 3.  Subsections (84) and (85) are added to section
90316.003, Florida Statutes, to read:
91     316.003  Definitions.--The following words and phrases,
92when used in this chapter, shall have the meanings respectively
93ascribed to them in this section, except where the context
94otherwise requires:
95     (84)  ACTIVE CONSTRUCTION WORK ZONE.--The area and its
96approaches on any state-maintained highway or a highway included
97in an expressway system as part of an expressway authority
98established pursuant to chapter 348, in which area construction,
99repair, maintenance, or other street-related, highway-related,
100or expressway authority-related work is being performed, if
101construction personnel are present or operating equipment on the
102road or immediately adjacent to the road under construction, or
103if site conditions warrant such an active construction work zone
104designation. The active construction work zone must be
105designated by mounted signs and early warning systems.
106     (85)  PHOTO SPEED DETECTION SYSTEM.--A device or system
107installed to automatically record one or more sequenced
108photographs, microphotographs, or electronic images of only the
109rear of the motor vehicle at the time the vehicle violates
110traffic speed in an active construction work zone.
111     Section 4.  Subsection (6) of section 316.0745, Florida
112Statutes, is amended to read:
113     316.0745  Uniform signals and devices.--
114     (6)(a)  Any system of traffic control devices controlled
115and operated from a remote location by electronic computers or
116similar devices shall meet all requirements established for the
117uniform system, and, if any where such system affects systems
118affect the movement of traffic on state roads, the design of
119that the system shall be reviewed and approved by the Department
120of Transportation.
121     (b)  Any photo speed detection system deployed on the
122streets and highways of the state must meet requirements
123reviewed and approved by the Department of Highway Safety and
124Motor Vehicles and must be tested according to procedures and at
125regular intervals as reviewed and approved by the Department of
126Highway Safety and Motor Vehicles.
127     Section 5.  Section 316.0795, Florida Statutes, is created
128to read:
129     316.0795  Obedience to posted speed limit in active
130construction work zones.--
131     (1)  Unless otherwise directed by a law enforcement
132officer, the driver of any vehicle, except the driver of an
133authorized emergency vehicle in accordance with s. 316.072(5),
134shall comply with instructions of any photo speed detection
135system placed in accordance with the provisions of this chapter
136and shall not exceed the speed limit posted in an active
137construction work zone. A violation of this subsection is a
138noncriminal traffic infraction, punishable as provided in s.
139318.18.
140     (2)  A photo speed detection system shall not be used
141unless advance warning signs have been posted ahead of the photo
142speed detection system within the active construction work zone
143to notify motorists that a photo speed detection system is being
144used to enforce speed limits. The advance warning signs must
145conform to the standards and requirements established by the
146Department of Transportation.
147     (3)  The Department of Transportation, in conjunction with
148the Department of Highway Safety and Motor Vehicles, may
149designate photo speed detection enforcement officers pursuant to
150s. 316.640(1).
151     (4)  Citations for violations of subsection (1) shall be
152processed by photo speed detection enforcement officers or by
153any other authorized entity, who shall prepare and mail the
154citation to the registered owner of the vehicle. The following
155procedures shall apply:
156     (a)  The registered owner of a vehicle is responsible and
157liable for payment of any citation for violation unless the
158owner can furnish evidence that the vehicle was, at the time of
159the violation, in the care, custody, or control of another
160person. In such instances, the provisions of s. 318.14(13)(c)
161shall apply.
162     (b)  Any person who is issued a citation by a photo speed
163detection enforcement officer for a violation of subsection (1)
164is deemed to be charged with a noncriminal violation and shall
165comply with the directions on the citation. If payment is not
166received or a response to the citation is not made within the
167time period specified thereon, the county court or its traffic
168violations bureau shall notify the registered owner of the
169vehicle that was cited, by mail to the address given on the
170motor vehicle registration, of the citation. Mailing the notice
171to this address constitutes notification. Upon notification, the
172registered owner shall comply with the court's directive.
173     (c)  Any person who fails to satisfy the court's directive
174waives his or her right to pay the applicable civil penalty.
175     (d)  Any person who elects to appear before a designated
176official to present evidence waives his or her right to pay the
177civil penalty provided in the citation. The official, after a
178hearing, shall make a determination as to whether a violation of
179subsection (1) has been committed and may impose a civil penalty
180not to exceed $100 plus court costs. Any person who fails to pay
181the civil penalty within the time allowed by the court is deemed
182to have been convicted of a violation of subsection (1), and the
183court shall take appropriate measures to enforce collection of
184the fine.
185     (5)  The Department of Transportation, in conjunction with
186the Department of Highway Safety and Motor Vehicles, may adopt
187procedures and rules pursuant to ss. 120.536(1) and 120.54 to
188carry out the provisions of this section.
189     (6)  This section supplements the enforcement of the posted
190speed limit in an active construction work zone under s.
191316.183(6) by law enforcement officers and does not prohibit a
192law enforcement officer from issuing a citation for a violation
193of s. 316.183(6) in accordance with normal traffic enforcement
194techniques; however, no more than one citation for a violation
195of s. 316.183(6) arising from the same incident shall be
196enforceable.
197     Section 6.  The Department of Transportation, in
198coordination with the Department of Highway Safety and Motor
199Vehicles, shall submit an annual report to the Governor, the
200President of the Senate, and the Speaker of the House of
201Representatives regarding the use and operation of photo speed
202detection systems to enforce s. 316.0795, Florida Statutes, and
203the procedures used for enforcement. The report shall include a
204review of the information by the Department of Transportation
205and describe the potential for enhancement of traffic safety and
206enforcement programs. The Department of Transportation shall
207report its recommendations on or before December 1, 2006, to the
208Governor, the President of the Senate, and the Speaker of the
209House of Representatives, including recommendations for any
210necessary legislation that would be beneficial to enhance the
211use and operation of photo speed detection systems on a
212statewide basis.
213     Section 7.  Subsection (6) of section 316.183, Florida
214Statutes, is amended to read:
215     316.183  Unlawful speed.--
216     (6)  No driver of a vehicle shall exceed the posted maximum
217speed limit in a work zone area or an active construction work
218zone.
219     (7)  A violation of this section is a noncriminal traffic
220infraction, punishable as a moving violation as provided in
221chapter 318.
222     Section 8.  Paragraph (b) of subsection (1) of section
223316.640, Florida Statutes, is amended to read:
224     316.640  Enforcement.--The enforcement of the traffic laws
225of this state is vested as follows:
226     (1)  STATE.--
227     (b)1.  The Department of Transportation has authority to
228enforce on all the streets and highways of this state all laws
229applicable within its authority.
230     2.a.  The Department of Transportation shall develop
231training and qualifications standards for toll enforcement
232officers whose sole authority is to enforce the payment of tolls
233pursuant to s. 316.1001. Nothing in this subparagraph shall be
234construed to permit the carrying of firearms or other weapons,
235nor shall a toll enforcement officer have arrest authority.
236     b.  For the purpose of enforcing s. 316.1001, governmental
237entities, as defined in s. 334.03, which own or operate a toll
238facility may employ independent contractors or designate
239employees as toll enforcement officers; however, any such toll
240enforcement officer must successfully meet the training and
241qualifications standards for toll enforcement officers
242established by the Department of Transportation.
243     3.a.  The Department of Transportation and the Department
244of Highway Safety and Motor Vehicles shall develop training and
245qualifications standards for photo speed detection enforcement
246officers whose sole authority is to enforce the provisions of s.
247316.0795. Nothing in this subparagraph shall be construed to
248permit the carrying of firearms or other weapons, nor shall a
249photo speed detection enforcement officer have arrest authority.
250     b.  For the purposes of processing and enforcing citations
251for violations of s. 316.0795(1), the Department of
252Transportation, the Department of Highway Safety and Motor
253Vehicles, and expressway authorities established pursuant to
254chapter 348 may employ independent contractors or designate
255employees as photo speed detection enforcement officers;
256however, any such photo speed detection enforcement officer must
257successfully meet the training and qualifications standards for
258photo speed detection enforcement officers established by the
259Department of Transportation and the Department of Highway
260Safety and Motor Vehicles.
261     (8)  TRAFFIC ENFORCEMENT AGENCY.--Any agency or
262governmental entity designated in subsection (1), subsection
263(2), or subsection (3), including a university, a community
264college, a school board, or an airport authority, is a traffic
265enforcement agency for purposes of s. 316.650.
266     Section 9.  Subsections (2) and (5) of section 318.14,
267Florida Statutes, are amended, and subsection (13) is added to
268said section, to read:
269     318.14  Noncriminal traffic infractions; exception;
270procedures.--
271     (2)  Except as provided in ss. 316.0795 and s. 316.1001(2),
272any person cited for an infraction under this section must sign
273and accept a citation indicating a promise to appear. The
274officer may indicate on the traffic citation the time and
275location of the scheduled hearing and must indicate the
276applicable civil penalty established in s. 318.18.
277     (5)  Any person electing to appear before the designated
278official or who is required so to appear shall be deemed to have
279waived his or her right to the civil penalty provisions of s.
280318.18. The official, after a hearing, shall make a
281determination as to whether an infraction has been committed. If
282the commission of an infraction has been proven, the official
283may impose a civil penalty not to exceed $500, except that in
284cases involving unlawful speed in a school zone, involving
285unlawful speed in a construction zone or an active construction
286work zone, or involving a death, the civil penalty may not
287exceed $1,000; or require attendance at a driver improvement
288school, or both. If the official determines that no infraction
289has been committed, no costs or penalties shall be imposed and
290any costs or penalties that have been paid shall be returned.
291     (13)(a)  Citations issued pursuant to s. 316.0795 shall
292contain the following information:
293     1.  The name and address of the person alleged to be liable
294as the operator or registered owner of the motor vehicle
295involved in the violation. In the case of joint ownership of a
296motor vehicle, the traffic citation shall be mailed to the first
297name appearing on the registration, unless the first name
298appearing on the registration is a business organization, in
299which case the second name appearing on the registration may be
300used.
301     2.  A photograph showing the offending vehicle at the time
302of the speeding violation, with a data bar within the photograph
303depicting the speed of the vehicle, the posted speed limit, the
304date and time of the offense, and the location code, which shall
305be described in the narrative in the body of the citation.
306     3.  The registration number of the vehicle.
307     4.  An enlarged photograph of the license plate of the
308offending vehicle at the time of the violation.
309     5.  Information that identifies the photo speed detection
310system that recorded the violation.
311     6.  The amount of the fine.
312     7.  The date by which the fine must be paid.
313     8.  The procedure for contesting the violation alleged in
314the citation.
315     9.  A warning that failure to contest the violation in the
316manner and time provided shall be deemed an admission of
317liability and that a default may be entered thereon.
318     (b)  Violation of s. 316.0795(1) shall not:
319     1.  Be a conviction of the operator or registered owner of
320the motor vehicle;
321     2.  Be made part of the driving record of the operator or
322registered owner of the motor vehicle;
323     3.  Be used for the purposes of setting motor vehicle
324insurance rates; or
325     4.  Result in points being assessed against the operator or
326registered owner of the motor vehicle.
327     (c)  The registered owner of the motor vehicle that was
328involved in a violation shall be responsible and liable for
329payment of the fine assessed in accordance with this subsection
330unless the owner can establish that the motor vehicle was, at
331the time of the violation, in the care, custody, or control of
332another person. In order to establish such facts, the registered
333owner shall, within 20 days after receipt of notification of the
334alleged violation, furnish to the court, as appropriate, an
335affidavit that sets forth:
336     1.  The name, address, and, if known, driver license number
337of the person who leased, rented, or was otherwise responsible
338for the care, custody, or control of the motor vehicle at the
339time of the alleged violation; or
340     2.  That the vehicle was stolen, with a copy of the police
341report attached indicating that the vehicle was stolen at the
342time of the alleged violation. The owner of a vehicle shall not
343be responsible for a violation if the vehicle involved was, at
344the time of the violation, stolen or in the care, custody, or
345control of a person who did not have the permission of the owner
346to use the vehicle.
347
348Upon receipt of the affidavit, the person designated as having
349been responsible for the care, custody, or control of the motor
350vehicle at the time of the violation may be issued a citation.
351The affidavit raises the rebuttable presumption that the person
352identified in the affidavit is responsible for payment of the
353cited violation and is admissible in a proceeding pursuant to
354this subsection for the purpose of proving that the motor
355vehicle was in the actual care, custody, or control of the
356person identified in the affidavit.
357     (d)  A person may elect to contest the determination that
358he or she exceeded the posted speed limits within a designated
359active construction work zone as evidenced by a photo speed
360detection system by electing to appear before any judge
361authorized by law to preside over a court or hearing that
362adjudicates traffic infractions. Any person who elects to appear
363before the court to present evidence shall be deemed to have
364waived the limitation of civil penalties imposed for the
365violation. The court, after hearing, shall determine whether the
366violation was committed and may impose a civil penalty of $100
367plus court costs. The court may take appropriate measures to
368enforce collection of any penalty not paid within the time
369permitted by the court.
370     Section 10.  Subsection (3) of section 318.18, Florida
371Statutes, as amended by section 99 of chapter 2003-402, Laws of
372Florida, is amended to read:
373     318.18  Amount of civil penalties.--The penalties required
374for a noncriminal disposition pursuant to s. 318.14 are as
375follows:
376     (3)(a)  Except as otherwise provided in this section, $60
377for all moving violations not requiring a mandatory appearance.
378     (b)  For moving violations involving unlawful speed, the
379fines are as follows:
380
381For speed exceeding the limit by:     Fine:
3821-5 m.p.h.     Warning
3836-9 m.p.h.     $ 25
38410-14 m.p.h.     $100
38515-19 m.p.h.     $125
38620-29 m.p.h.     $150
38730 m.p.h. and above     $250
388
389     (c)  Notwithstanding paragraph (b), a person cited for
390exceeding the speed limit by up to 5 m.p.h. in a legally posted
391school zone will be fined $50. A person exceeding the speed
392limit in a school zone will be assessed a fine double the amount
393listed in paragraph (b).
394     (d)1.  A person cited by a means other than a photo speed
395detection system for exceeding the speed limit in a posted
396construction zone shall pay a fine double the amount listed in
397paragraph (b). The fine shall be doubled for construction zone
398violations only if construction personnel are present or
399operating equipment on the road or immediately adjacent to the
400road under construction.
401     2.  Notwithstanding paragraph (b), a person cited under s.
402316.0795 for exceeding the speed limit in an active construction
403work zone shall be assessed a fine of $100. This amount shall be
404distributed pursuant to s. 318.21.
405     (e)  If a violation of s. 316.1301 or s. 316.1303 results
406in an injury to the pedestrian or damage to the property of the
407pedestrian, an additional fine of up to $250 shall be paid. This
408amount must be distributed pursuant to s. 318.21.
409     (f)  A person cited for exceeding the speed limit within a
410zone posted for any electronic or manual toll collection
411facility shall pay a fine double the amount listed in paragraph
412(b). However, no person cited for exceeding the speed limit in
413any toll collection zone shall be subject to a doubled fine
414unless the governmental entity or authority controlling the toll
415collection zone first installs a traffic control device
416providing warning that speeding fines are doubled. Any such
417traffic control device must meet the requirements of the uniform
418system of traffic control devices.
419     Section 11.  Subsection (13) is added to section 318.21,
420Florida Statutes, to read:
421     318.21  Disposition of civil penalties by county
422courts.--All civil penalties received by a county court pursuant
423All civil penalties received by a county court pursuant to the
424provisions of this chapter shall be distributed and paid monthly
425as follows:
426     (13)  For the fine assessed under s. 318.18(3)(d)2. for a
427violation of s. 316.0795(1), 25 percent shall be remitted to the
428county in which the fine originated, and 75 percent shall be
429remitted to the Department of Transportation for deposit to the
430State Transportation Trust Fund. Any amount accruing to the
431Department of Transportation which is not required to carry out
432the provisions of s. 316.0795 shall be used for any valid
433transportation purpose.
434     Section 12.  This act shall take effect July 1, 2004.


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