SENATE AMENDMENT
    Bill No. CS for CS for SB 500
    Amendment No. ___   Barcode 293354
                            CHAMBER ACTION
              Senate                               House
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       04/28/2004 03:00 PM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, before line 1,
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16  insert:  
17         Section 2.  Section 316.650, Florida Statutes, is
18  amended to read:
19         316.650  Traffic citations; parental notification
20  forms.--
21         (1)(a)  The department shall prepare, and supply to
22  every traffic enforcement agency in this state, an appropriate
23  form traffic citation containing a notice to appear (which
24  shall be issued in prenumbered books with citations in
25  quintuplicate) and meeting the requirements of this chapter or
26  any laws of this state regulating traffic, which form shall be
27  consistent with the state traffic court rules and the
28  procedures established by the department. Upon all future
29  printings of the traffic citation, the form shall include a
30  special box which is to be checked by the law enforcement
31  officer when the officer believes that the traffic violation
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SENATE AMENDMENT Bill No. CS for CS for SB 500 Amendment No. ___ Barcode 293354 1 or crash was due to aggressive careless driving as defined in 2 s. 316.1923. 3 (b) The department shall prepare, and supply to every 4 traffic enforcement agency in the state, an appropriate 5 affidavit-of-compliance form which shall be issued along with 6 the form traffic citation for any violation of s. 316.610 and 7 which shall indicate the specific defect which needs to be 8 corrected. However, such affidavit of compliance shall not be 9 issued in the case of a violation of s. 316.610 by a 10 commercial motor vehicle as defined in s. 316.003(66). Such 11 affidavit-of-compliance form shall be distributed in the same 12 manner and to the same parties as is the form traffic 13 citation. 14 (c) The department shall develop a notification system 15 that shall be utilized by traffic enforcement officers to 16 assist in the notification of the parent of any driver under 17 18 years of age when the officer issues a citation or written 18 warning to such driver for a violation of law. The 19 notification shall include the time and date the vehicle was 20 stopped, the reason for the stop, the number of people in the 21 vehicle, the name of the person stopped, and the name of the 22 officer. The notification shall be mailed by the department 23 within 10 days to the address provided by the parent, 24 guardian, or other responsible adult who signed the license 25 application of the driver in compliance with s. 322.09(1). If 26 no address is on file pursuant to s. 322.09(1)(b), the 27 department shall mail the notification to the address on 28 record for the driver. The department has authority to adopt 29 rules pursuant to ss. 120.536(1) and 120.54 to implement the 30 provisions of this paragraph. 31 (d)(c) Notwithstanding paragraphs (a), and (b), and 2 2:19 PM 04/28/04 s0500c2c-32t01
SENATE AMENDMENT Bill No. CS for CS for SB 500 Amendment No. ___ Barcode 293354 1 (c), a traffic enforcement agency may produce uniform traffic 2 citations by electronic means. Such citations must be 3 consistent with the state traffic court rules and the 4 procedures established by the department; must be 5 appropriately numbered and inventoried; and may have fewer 6 copies than the quintuplicate form. Affidavit-of-compliance 7 forms and parental notification forms may also be produced by 8 electronic means. 9 (e)(d) The department must distribute to every traffic 10 enforcement agency and to any others who request it, a traffic 11 infraction reference guide describing the class of the traffic 12 infraction, the penalty for the infraction, the points to be 13 assessed on a driver's license, and any other information 14 necessary to describe a violation and the penalties therefor. 15 (2) Courts, enforcement agencies, and the department 16 are jointly responsible to account for all uniform traffic 17 citations in accordance with rules and procedures promulgated 18 by the department. 19 (3)(a) Except for a traffic citation issued pursuant 20 to s. 316.1001, each traffic enforcement officer, upon issuing 21 a traffic citation to an alleged violator of any provision of 22 the motor vehicle laws of this state or of any traffic 23 ordinance of any city or town, shall deposit the original and 24 one copy of such traffic citation or, in the case of a traffic 25 enforcement agency which has an automated citation issuance 26 system, shall provide an electronic facsimile with a court 27 having jurisdiction over the alleged offense or with its 28 traffic violations bureau within 5 days after issuance to the 29 violator. 30 (b) If a traffic citation is issued pursuant to s. 31 316.1001, a traffic enforcement officer may deposit the 3 2:19 PM 04/28/04 s0500c2c-32t01
SENATE AMENDMENT Bill No. CS for CS for SB 500 Amendment No. ___ Barcode 293354 1 original and one copy of such traffic citation or, in the case 2 of a traffic enforcement agency that has an automated citation 3 system, may provide an electronic facsimile with a court 4 having jurisdiction over the alleged offense or with its 5 traffic violations bureau within 45 days after the date of 6 issuance of the citation to the violator. 7 (4) The chief administrative officer of every traffic 8 enforcement agency shall require the return to him or her of 9 the department record copy of every traffic citation issued by 10 an officer under the chief administrative officer's 11 supervision to an alleged violator of any traffic law or 12 ordinance and of all copies of every traffic citation which 13 has been spoiled or upon which any entry has been made and not 14 issued to an alleged violator. In the case of a traffic 15 enforcement agency which has an automated citation issuance 16 system, the chief administrative officer shall require the 17 return of all electronic traffic citation records. 18 (5) Upon the deposit of the original and one copy of 19 such traffic citation or upon deposit of an electronic 20 facsimile of the traffic citation with respect to traffic 21 enforcement agencies which have an automated citation issuance 22 system with a court having jurisdiction over the alleged 23 offense or with its traffic violations bureau as aforesaid, 24 the original, facsimile, or copy of such traffic citation may 25 be disposed of only by trial in the court or other official 26 action by a judge of the court, including forfeiture of the 27 bail, or by the deposit of sufficient bail with, or payment of 28 a fine to, the traffic violations bureau by the person to whom 29 such traffic citation has been issued by the traffic 30 enforcement officer. 31 (6) The chief administrative officer shall transmit, 4 2:19 PM 04/28/04 s0500c2c-32t01
SENATE AMENDMENT Bill No. CS for CS for SB 500 Amendment No. ___ Barcode 293354 1 on a form approved by the department, the department record 2 copy of the uniform traffic citation to the department within 3 5 days after submission of the original and one copy to the 4 court, or citation and transmittal data may be transmitted to 5 the department in an automated fashion, in a form prescribed 6 by the department. A copy of such transmittal shall also be 7 provided to the court having jurisdiction for accountability 8 purposes. 9 (7) The chief administrative officer shall also 10 maintain or cause to be maintained in connection with every 11 traffic citation issued by an officer under his or her 12 supervision a record of the disposition of the charge by the 13 court or its traffic violations bureau in which the original 14 or copy of the traffic citation was deposited. 15 (8) It is unlawful and official misconduct for any 16 traffic enforcement officer or other officer or public 17 employee to dispose of a traffic citation or copies thereof or 18 of the record of the issuance of the same in a manner other 19 than as required herein. 20 (9) Such citations shall not be admissible evidence in 21 any trial. 22 (10) If a uniform traffic citation has not been issued 23 with respect to a criminal traffic offense, or with respect to 24 an offense that requires mandatory revocation of the driver's 25 license or driving privilege pursuant to s. 322.26 upon 26 conviction of such offense, and the prosecution is by 27 affidavit, information, or indictment, the prosecutor shall 28 direct the arresting officer to prepare a citation. In the 29 absence of an arresting officer, the prosecutor shall prepare 30 the citation. For the purpose of this subsection, the term 31 "arresting officer" means the law enforcement officer who 5 2:19 PM 04/28/04 s0500c2c-32t01
SENATE AMENDMENT Bill No. CS for CS for SB 500 Amendment No. ___ Barcode 293354 1 apprehended or took into custody the alleged offender. 2 (11) Driver information contained in a uniform traffic 3 citation, which includes but is not limited to, the accused 4 person's name and address, shall not be used for commercial 5 solicitation purposes. However, the use of such driver 6 information contained in a uniform traffic citation shall not 7 be considered a commercial purpose when used for publication 8 in a newspaper or other news periodical, when used for 9 broadcast by radio or television, or when used to inform a 10 person of the availability of driver safety training. 11 Section 3. Subsection (1) of section 322.09, Florida 12 Statutes, is amended to read: 13 322.09 Application of minors; responsibility for 14 negligence or misconduct of minor.-- 15 (1)(a) The application of any person under the age of 16 18 years for a driver's license must be signed and verified 17 before a person authorized to administer oaths by the father, 18 mother, or guardian, or, if there is no parent or guardian, by 19 another responsible adult who is willing to assume the 20 obligation imposed under this chapter upon a person signing 21 the application of a minor. This section does not apply to a 22 person under the age of 18 years who is emancipated by 23 marriage. 24 (b) The parent, guardian, or other responsible adult 25 signing the application of a minor pursuant to this section 26 must furnish an address with the application for the purpose 27 of being contacted in the event that the minor applicant is 28 issued a written warning or a citation for a violation of law. 29 (c)(b) There shall be submitted with each application 30 a certified copy of a United States birth certificate, a valid 31 United States passport, an alien registration receipt card 6 2:19 PM 04/28/04 s0500c2c-32t01
SENATE AMENDMENT Bill No. CS for CS for SB 500 Amendment No. ___ Barcode 293354 1 (green card), an employment authorization card issued by the 2 United States Department of Justice, or proof of nonimmigrant 3 classification provided by the United States Department of 4 Justice, for an original license. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 8, after the semicolon, 12 13 insert: 14 amending s. 316.650, F.S.; providing for a 15 parental notification system to be developed by 16 the Department of Highway Safety and Motor 17 Vehicles; requiring the form to be completed by 18 a traffic enforcement officer upon issuing a 19 traffic citation or a written warning to a 20 person under 18 years of age; requiring the 21 department to provide such notification to the 22 parent, guardian, or other responsible adult 23 who signed the driver's license application; 24 amending s. 322.09, F.S.; requiring a parent, 25 guardian, or other responsible adult signing 26 the driver license application of a minor to 27 provide certain contact information; 28 29 30 31 7 2:19 PM 04/28/04 s0500c2c-32t01