Senate Bill sb2414

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2414

    By Senator Sebesta





    16-1456-04                                         See HB 1103

  1                      A bill to be entitled

  2         An act relating to uniform traffic control;

  3         providing a popular name, the "Active

  4         Construction Work Zone Safety Act of 2004";

  5         providing legislative findings and

  6         declarations; amending s. 316.003, F.S.;

  7         defining the terms "active construction work

  8         zone" and "photo speed detection system";

  9         amending s. 316.0745, F.S.; providing that

10         photo speed detection system requirements and

11         testing procedures be reviewed and approved by

12         the Department of Highway Safety and Motor

13         Vehicles; requiring testing of such systems;

14         creating s. 316.0795, F.S.; requiring obedience

15         to posted speed limit in an active construction

16         work zone; providing for use of a photo speed

17         detection system to enforce speed limits in an

18         active construction work zone; requiring

19         advance warning signs to notify drivers of the

20         photo speed detection system; requiring the

21         signs to meet requirements established by the

22         Department of Transportation; providing for

23         designation of photo speed detection

24         enforcement officers by the Department of

25         Transportation in conjunction with the

26         Department of Highway Safety and Motor

27         Vehicles; providing procedures for processing

28         citations; specifying liability for payment of

29         fines; providing for contest of citations in

30         court; authorizing the Department of

31         Transportation, in conjunction with the

                                  1

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1         Department of Highway Safety and Motor

 2         Vehicles, to adopt rules and procedures;

 3         providing that enforcement by photo speed

 4         detection systems is supplemental to

 5         enforcement by law enforcement officers;

 6         providing penalties; requiring annual reports

 7         by the Department of Transportation, in

 8         coordination with the Department of Highway

 9         Safety and Motor Vehicles, to the Governor and

10         the Legislature; amending s. 316.183, F.S.;

11         prohibiting exceeding the posted maximum speed

12         limit in an active construction work zone;

13         providing penalties; amending s. 316.640, F.S.;

14         providing for training and qualifications of

15         photo speed detection enforcement officers;

16         authorizing the Department of Transportation,

17         the Department of Highway Safety and Motor

18         Vehicles, and expressway authorities to employ

19         independent contractors or designate employees

20         as photo speed detection enforcement officers;

21         authorizing the officers to enforce speed

22         limits in active construction work zones;

23         amending s. 318.14, F.S.; revising procedures

24         for issuance and acceptance of citations for

25         traffic infractions; providing for civil

26         penalties when a person cited for violation of

27         the speed limit in an active construction work

28         zone elects to appear in court; providing

29         requirements and procedures for citations

30         issued under s. 316.0795, F.S.; providing for

31         effect of the violation; providing

                                  2

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1         circumstances under which a person other than

 2         the owner of the vehicle shall be responsible

 3         and liable for payment of fine; providing for

 4         civil penalties when a person cited under s.

 5         316.0795, F.S., for violation of the speed

 6         limit in an active construction work zone

 7         elects to appear in court; amending s. 318.18,

 8         F.S.; providing civil penalties for violation

 9         of the speed limit in an active construction

10         work zone; amending s. 318.21, F.S.; providing

11         for disposition of civil penalties collected

12         for violations cited under s. 316.0795, F.S.;

13         providing an effective date.

14  

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

16  

17         Section 1.  Popular name.--This act shall be known by

18  the popular name the "Active Construction Work Zone Safety Act

19  of 2004."

20         Section 2.  Legislative findings and declarations.--The

21  Legislature finds that safe work conditions at active

22  construction work zones are vital to protecting the citizens

23  of this state and are a primary requirement to be observed on

24  all Department of Transportation construction work. The

25  transportation construction industry is experiencing dangerous

26  work conditions in areas designated as active construction

27  work zones. Existing law allows violators of posted speed

28  limits in construction work zones to be assessed fines of

29  double the amount set in law. The ability to double regular

30  speeding fines provides only a small deterrent to speeders.

31  The Legislature further finds that increased traffic

                                  3

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  enforcement measures are necessary in order to ensure the

 2  safety of transportation construction workers and the motoring

 3  public. It is in the public interest and necessary for public

 4  safety to enforce traffic speed limits and reduce the number

 5  of violations that occur at active construction work zones

 6  through issuing citations using photo speed detection systems.

 7         Section 3.  Subsections (84) and (85) are added to

 8  section 316.003, Florida Statutes, to read:

 9         316.003  Definitions.--The following words and phrases,

10  when used in this chapter, shall have the meanings

11  respectively ascribed to them in this section, except where

12  the context otherwise requires:

13         (84)  ACTIVE CONSTRUCTION WORK ZONE.--The area and its

14  approaches on any state-maintained highway or a highway

15  included in an expressway system as part of an expressway

16  authority established pursuant to chapter 348, in which area

17  construction, repair, maintenance, or other street-related,

18  highway-related, or expressway authority-related work is being

19  performed, if construction personnel are present or operating

20  equipment on the road or immediately adjacent to the road

21  under construction, or if site conditions warrant such an

22  active construction work zone designation. The active

23  construction work zone must be designated by mounted signs and

24  early warning systems.

25         (85)  PHOTO SPEED DETECTION SYSTEM.--A device or system

26  installed to automatically record one or more sequenced

27  photographs, microphotographs, or electronic images of only

28  the rear of the motor vehicle at the time the vehicle violates

29  traffic speed in an active construction work zone.

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

31  Statutes, is amended to read:

                                  4

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1         316.0745  Uniform signals and devices.--

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

 3  controlled and operated from a remote location by electronic

 4  computers or similar devices shall meet all requirements

 5  established for the uniform system, and, if any where such

 6  system affects systems affect the movement of traffic on state

 7  roads, the design of that the system shall be reviewed and

 8  approved by the Department of Transportation.

 9         (b)  Any photo speed detection system deployed on the

10  streets and highways of the state must meet requirements

11  reviewed and approved by the Department of Highway Safety and

12  Motor Vehicles and must be tested according to procedures and

13  at regular intervals as reviewed and approved by the

14  Department of Highway Safety and Motor Vehicles.

15         Section 5.  Section 316.0795, Florida Statutes, is

16  created to read:

17         316.0795  Obedience to posted speed limit in active

18  construction work zones.--

19         (1)  Unless otherwise directed by a law enforcement

20  officer, the driver of any vehicle, except the driver of an

21  authorized emergency vehicle in accordance with s. 316.072(5),

22  shall comply with instructions of any photo speed detection

23  system placed in accordance with the provisions of this

24  chapter and shall not exceed the speed limit posted in an

25  active construction work zone. A violation of this subsection

26  is a noncriminal traffic infraction, punishable as a moving

27  violation as provided in s. 318.18.

28         (2)  A photo speed detection system shall not be used

29  unless advance warning signs have been posted ahead of the

30  photo speed detection system within the active construction

31  work zone to notify motorists that a photo speed detection

                                  5

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  system is being used to enforce speed limits. The advance

 2  warning signs must conform to the standards and requirements

 3  established by the Department of Transportation.

 4         (3)  The Department of Transportation, in conjunction

 5  with the Department of Highway Safety and Motor Vehicles, may

 6  designate photo speed detection enforcement officers pursuant

 7  to s. 316.640(1).

 8         (4)  Citations for violations of subsection (1) shall

 9  be processed by photo speed detection enforcement officers or

10  by any other authorized entity, who shall prepare and mail the

11  citation to the registered owner of the vehicle. The following

12  procedures shall apply:

13         (a)  The registered owner of a vehicle is responsible

14  and liable for payment of any citation for violation unless

15  the owner can furnish evidence that the vehicle was, at the

16  time of the violation, in the care, custody, or control of

17  another person. In such instances, the provisions of s.

18  318.14(13)(c) shall apply.

19         (b)  Any person who is issued a citation by a photo

20  speed detection enforcement officer for a violation of

21  subsection (1) is deemed to be charged with a noncriminal

22  violation and shall comply with the directions on the

23  citation. If payment is not received or a response to the

24  citation is not made within the time period specified thereon,

25  the county court or its traffic violations bureau shall notify

26  the registered owner of the vehicle that was cited, by mail to

27  the address given on the motor vehicle registration, of the

28  citation. Mailing the notice to this address constitutes

29  notification. Upon notification, the registered owner shall

30  comply with the court's directive.

31  

                                  6

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1         (c)  Any person who fails to satisfy the court's

 2  directive waives his or her right to pay the applicable civil

 3  penalty.

 4         (d)  Any person who elects to appear before a

 5  designated official to present evidence waives his or her

 6  right to pay the civil penalty provided in the citation. The

 7  official, after a hearing, shall make a determination as to

 8  whether a violation of subsection (1) has been committed and

 9  may impose a civil penalty not to exceed $100 plus court

10  costs. Any person who fails to pay the civil penalty within

11  the time allowed by the court is deemed to have been convicted

12  of a violation of subsection (1), and the court shall take

13  appropriate measures to enforce collection of the fine.

14         (5)  The Department of Transportation, in conjunction

15  with the Department of Highway Safety and Motor Vehicles, may

16  adopt procedures and rules pursuant to ss. 120.536(1) and

17  120.54 to carry out the provisions of this section.

18         (6)  This section supplements the enforcement of the

19  posted speed limit in an active construction work zone under

20  s. 316.183(6) by law enforcement officers and does not

21  prohibit a law enforcement officer from issuing a citation for

22  a violation of s. 316.183(6) in accordance with normal traffic

23  enforcement techniques; however, no more than one citation for

24  a violation of s. 316.183(6) arising from the same incident

25  shall be enforceable.

26         Section 6.  The Department of Transportation, in

27  coordination with the Department of Highway Safety and Motor

28  Vehicles, shall submit an annual report to the Governor, the

29  President of the Senate, and the Speaker of the House of

30  Representatives regarding the use and operation of photo speed

31  detection systems to enforce section 316.0795, Florida

                                  7

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  Statutes, and the procedures used for enforcement. The report

 2  shall include a review of the information by the Department of

 3  Transportation and describe the potential for enhancement of

 4  traffic safety and enforcement programs. The Department of

 5  Transportation shall report its recommendations on or before

 6  December 1, 2006, to the Governor, the President of the

 7  Senate, and the Speaker of the House of Representatives,

 8  including recommendations for any necessary legislation that

 9  would be beneficial to enhance the use and operation of photo

10  speed detection systems on a statewide basis.

11         Section 7.  Subsection (6) of section 316.183, Florida

12  Statutes, is amended to read:

13         316.183  Unlawful speed.--

14         (6)  No driver of a vehicle shall exceed the posted

15  maximum speed limit in a work zone area or an active

16  construction work zone.

17         (7)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a moving violation as

19  provided in chapter 318.

20         Section 8.  Paragraph (b) of subsection (1) of section

21  316.640, Florida Statutes, is amended to read:

22         316.640  Enforcement.--The enforcement of the traffic

23  laws of this state is vested as follows:

24         (1)  STATE.--

25         (b)1.  The Department of Transportation has authority

26  to enforce on all the streets and highways of this state all

27  laws applicable within its authority.

28         2.a.  The Department of Transportation shall develop

29  training and qualifications standards for toll enforcement

30  officers whose sole authority is to enforce the payment of

31  tolls pursuant to s. 316.1001. Nothing in this subparagraph

                                  8

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  shall be construed to permit the carrying of firearms or other

 2  weapons, nor shall a toll enforcement officer have arrest

 3  authority.

 4         b.  For the purpose of enforcing s. 316.1001,

 5  governmental entities, as defined in s. 334.03, which own or

 6  operate a toll facility may employ independent contractors or

 7  designate employees as toll enforcement officers; however, any

 8  such toll enforcement officer must successfully meet the

 9  training and qualifications standards for toll enforcement

10  officers established by the Department of Transportation.

11         3.a.  The Department of Transportation and the

12  Department of Highway Safety and Motor Vehicles shall develop

13  training and qualifications standards for photo speed

14  detection enforcement officers whose sole authority is to

15  enforce the provisions of s. 316.0795. Nothing in this

16  subparagraph shall be construed to permit the carrying of

17  firearms or other weapons, nor shall a photo speed detection

18  enforcement officer have arrest authority.

19         b.  For the purposes of processing and enforcing

20  citations for violations of s. 316.0795(1), the Department of

21  Transportation, the Department of Highway Safety and Motor

22  Vehicles, and expressway authorities established pursuant to

23  chapter 348 may employ independent contractors or designate

24  employees as photo speed detection enforcement officers;

25  however, any such photo speed detection enforcement officer

26  must successfully meet the training and qualifications

27  standards for photo speed detection enforcement officers

28  established by the Department of Transportation and the

29  Department of Highway Safety and Motor Vehicles.

30         (8)  TRAFFIC ENFORCEMENT AGENCY.--Any agency or

31  governmental entity designated in subsection (1), subsection

                                  9

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  (2), or subsection (3), including a university, a community

 2  college, a school board, or an airport authority, is a traffic

 3  enforcement agency for purposes of s. 316.650.

 4         Section 9.  Subsections (2) and (5) of section 318.14,

 5  Florida Statutes, are amended, and subsection (13) is added to

 6  that section, to read:

 7         318.14  Noncriminal traffic infractions; exception;

 8  procedures.--

 9         (2)  Except as provided in ss. 316.0795 and s.

10  316.1001(2), any person cited for an infraction under this

11  section must sign and accept a citation indicating a promise

12  to appear. The officer may indicate on the traffic citation

13  the time and location of the scheduled hearing and must

14  indicate the applicable civil penalty established in s.

15  318.18.

16         (5)  Any person electing to appear before the

17  designated official or who is required so to appear shall be

18  deemed to have waived his or her right to the civil penalty

19  provisions of s. 318.18. The official, after a hearing, shall

20  make a determination as to whether an infraction has been

21  committed. If the commission of an infraction has been proven,

22  the official may impose a civil penalty not to exceed $500,

23  except that in cases involving unlawful speed in a school

24  zone, involving unlawful speed in a construction zone or an

25  active construction work zone, or involving a death, the civil

26  penalty may not exceed $1,000; or require attendance at a

27  driver improvement school, or both. If the official determines

28  that no infraction has been committed, no costs or penalties

29  shall be imposed and any costs or penalties that have been

30  paid shall be returned.

31  

                                  10

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1         (13)(a)  Citations issued pursuant to s. 316.0795 shall

 2  contain the following information:

 3         1.  The name and address of the person alleged to be

 4  liable as the operator or registered owner of the motor

 5  vehicle involved in the violation. In the case of joint

 6  ownership of a motor vehicle, the traffic citation shall be

 7  mailed to the first name appearing on the registration, unless

 8  the first name appearing on the registration is a business

 9  organization, in which case the second name appearing on the

10  registration may be used.

11         2.  A photograph showing the offending vehicle at the

12  time of the speeding violation, with a data bar within the

13  photograph depicting the speed of the vehicle, the posted

14  speed limit, the date and time of the offense, and the

15  location code, which shall be described in the narrative in

16  the body of the citation.

17         3.  The registration number of the vehicle.

18         4.  An enlarged photograph of the license plate of the

19  offending vehicle at the time of the violation.

20         5.  Information that identifies the photo speed

21  detection system that recorded the violation.

22         6.  The amount of the fine.

23         7.  The date by which the fine must be paid.

24         8.  The procedure for contesting the violation alleged

25  in the citation.

26         9.  A warning that failure to contest the violation in

27  the manner and time provided shall be deemed an admission of

28  liability and that a default may be entered thereon.

29         (b)  Violation of s. 316.0795(1) shall not:

30         1.  Be a conviction of the operator or registered owner

31  of the motor vehicle;

                                  11

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1         2.  Be made part of the driving record of the operator

 2  or registered owner of the motor vehicle;

 3         3.  Be used for the purposes of setting motor vehicle

 4  insurance rates; or

 5         4.  Result in points being assessed against the

 6  operator or registered owner of the motor vehicle.

 7         (c)  The registered owner of the motor vehicle that was

 8  involved in a violation shall be responsible and liable for

 9  payment of the fine assessed in accordance with this

10  subsection unless the owner can establish that the motor

11  vehicle was, at the time of the violation, in the care,

12  custody, or control of another person. In order to establish

13  such facts, the registered owner shall, within 20 days after

14  receipt of notification of the alleged violation, furnish to

15  the court, as appropriate, an affidavit that sets forth:

16         1.  The name, address, and, if known, driver's license

17  number of the person who leased, rented, or was otherwise

18  responsible for the care, custody, or control of the motor

19  vehicle at the time of the alleged violation; or

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

21  police report attached indicating that the vehicle was stolen

22  at the time of the alleged violation. The owner of a vehicle

23  shall not be responsible for a violation if the vehicle

24  involved was, at the time of the violation, stolen or in the

25  care, custody, or control of a person who did not have the

26  permission of the owner to use the vehicle.

27  

28  Upon receipt of the affidavit, the person designated as having

29  been responsible for the care, custody, or control of the

30  motor vehicle at the time of the violation may be issued a

31  citation. The affidavit raises the rebuttable presumption that

                                  12

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  the person identified in the affidavit is responsible for

 2  payment of the cited violation and is admissible in a

 3  proceeding pursuant to this subsection for the purpose of

 4  proving that the motor vehicle was in the actual care,

 5  custody, or control of the person identified in the affidavit.

 6         (d)  A person may elect to contest the determination

 7  that he or she exceeded the posted speed limits within a

 8  designated active construction work zone as evidenced by a

 9  photo speed detection system by electing to appear before any

10  judge authorized by law to preside over a court or hearing

11  that adjudicates traffic infractions. Any person who elects to

12  appear before the court to present evidence shall be deemed to

13  have waived the limitation of civil penalties imposed for the

14  violation. The court, after hearing, shall determine whether

15  the violation was committed and may impose a civil penalty of

16  $100 plus court costs. The court may take appropriate measures

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

18  permitted by the court.

19         Section 10.  Subsection (3) of section 318.18, Florida

20  Statutes, as amended by section 99 of chapter 2003-402, Laws

21  of Florida, is amended to read:

22         318.18  Amount of civil penalties.--The penalties

23  required for a noncriminal disposition pursuant to s. 318.14

24  are as follows:

25         (3)(a)  Except as otherwise provided in this section,

26  $60 for all moving violations not requiring a mandatory

27  appearance.

28         (b)  For moving violations involving unlawful speed,

29  the fines are as follows:

30  

31  For speed exceeding the limit by:                        Fine:

                                  13

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  1-5 m.p.h..............................................Warning

 2  6-9 m.p.h.................................................$ 25

 3  10-14 m.p.h...............................................$100

 4  15-19 m.p.h...............................................$125

 5  20-29 m.p.h...............................................$150

 6  30 m.p.h. and above.......................................$250

 7  

 8         (c)  Notwithstanding paragraph (b), a person cited for

 9  exceeding the speed limit by up to 5 m.p.h. in a legally

10  posted school zone will be fined $50. A person exceeding the

11  speed limit in a school zone will be assessed a fine double

12  the amount listed in paragraph (b).

13         (d)1.  A person cited by a means other than a photo

14  speed detection system for exceeding the speed limit in a

15  posted construction zone shall pay a fine double the amount

16  listed in paragraph (b). The fine shall be doubled for

17  construction zone violations only if construction personnel

18  are present or operating equipment on the road or immediately

19  adjacent to the road under construction.

20         2.  Notwithstanding paragraph (b), a person cited under

21  s. 316.0795 for exceeding the speed limit in an active

22  construction work zone shall be assessed a fine of $100. This

23  amount shall be distributed pursuant to s. 318.21.

24         (e)  If a violation of s. 316.1301 or s. 316.1303

25  results in an injury to the pedestrian or damage to the

26  property of the pedestrian, an additional fine of up to $250

27  shall be paid. This amount must be distributed pursuant to s.

28  318.21.

29         (f)  A person cited for exceeding the speed limit

30  within a zone posted for any electronic or manual toll

31  collection facility shall pay a fine double the amount listed

                                  14

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






    Florida Senate - 2004                                  SB 2414
    16-1456-04                                         See HB 1103




 1  in paragraph (b). However, no person cited for exceeding the

 2  speed limit in any toll collection zone shall be subject to a

 3  doubled fine unless the governmental entity or authority

 4  controlling the toll collection zone first installs a traffic

 5  control device providing warning that speeding fines are

 6  doubled. Any such traffic control device must meet the

 7  requirements of the uniform system of traffic control devices.

 8         Section 11.  Subsection (13) is added to section

 9  318.21, Florida Statutes, to read:

10         318.21  Disposition of civil penalties by county

11  courts.--All civil penalties received by a county court

12  pursuant to the provisions of this chapter shall be

13  distributed and paid monthly as follows:

14         (13)  For the fine assessed under s. 318.18(3)(d)2. for

15  a violation of s. 316.0795(1), 25 percent shall be remitted to

16  the county in which the fine originated, and 75 percent shall

17  be remitted to the Department of Transportation for deposit to

18  the State Transportation Trust Fund. Any amount accruing to

19  the Department of Transportation which is not required to

20  carry out the provisions of s. 316.0795 shall be used for any

21  valid transportation purpose.

22         Section 12.  This act shall take effect July 1, 2004.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  15

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