Senate Bill sb2414
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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
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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
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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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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
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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:
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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
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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.
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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
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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
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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
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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.
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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;
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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.
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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
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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 $60 for all moving violations not requiring a mandatory
27 appearance.
28 (b) For moving violations involving unlawful speed,
29 the fines are as follows:
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31 For speed exceeding the limit by: Fine:
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Florida Senate - 2004 SB 2414
16-1456-04 See HB 1103
1 1-5 m.p.h..............................................Warning
2 6-9 m.p.h.................................................$ 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
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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
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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.
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