| 1 | A bill to be entitled |
| 2 | An act relating to red light violations; creating s. |
| 3 | 316.0065, F.S.; creating the "Mark Wandall Traffic Safety |
| 4 | Act"; providing for a county or municipality to enforce a |
| 5 | traffic control signal steady red light indication using a |
| 6 | traffic control photographic system; providing |
| 7 | definitions; providing system capability, design, and |
| 8 | implementation requirements; providing for citation of the |
| 9 | motor vehicle owner; providing for a civil fee; providing |
| 10 | for distribution of moneys collected; requiring payment of |
| 11 | a civil fee; providing for exceptions; prohibiting dual |
| 12 | enforcement; providing for citation and enforcement; |
| 13 | providing for additional fees and costs of collection to |
| 14 | be paid; providing for distribution of such fees and costs |
| 15 | collected; providing procedures and grounds for appeal of |
| 16 | citation; providing for admissibility of recorded images |
| 17 | as evidence of violation; amending s. 318.121, F.S.; |
| 18 | exempting local enforcement under the act from certain |
| 19 | civil traffic penalty restrictions; amending s. 318.14, |
| 20 | F.S.; exempting local enforcement under the act from |
| 21 | certain traffic infraction enforcement procedures; |
| 22 | amending s. 322.264, F.S.; revising the definition of the |
| 23 | term "habitual traffic offender" to include a certain |
| 24 | number of violations of traffic control signal steady red |
| 25 | light indication within a certain timeframe; reenacting |
| 26 | ss. 322.27(5) and 322.34(1), (2), (5), and (8)(a), F.S., |
| 27 | relating to the authority of the Department of Highway |
| 28 | Safety and Motor Vehicles to suspend or revoke a driver |
| 29 | license and driving while a driver license is suspended, |
| 30 | revoked, canceled, or disqualified, for the purpose of |
| 31 | incorporating the amendment to s. 322.264, F.S., in |
| 32 | references thereto; providing for severability; providing |
| 33 | an effective date. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
|
| 37 | Section 1. Section 316.0065, Florida Statutes, is created |
| 38 | to read: |
| 39 | 316.0065 Local enforcement of red light violations.-- |
| 40 | (1) POPULAR NAME.--This section may be cited as the "Mark |
| 41 | Wandall Traffic Safety Act." |
| 42 | (2) PURPOSE.--It is the intent of the Legislature to |
| 43 | provide counties and municipalities the right to enact local |
| 44 | laws for the automated enforcement of violations of steady red |
| 45 | light traffic signals within their jurisdictions. |
| 46 | (3) DEFINITIONS.--As used in this section, except when the |
| 47 | context otherwise requires, the term: |
| 48 | (a) "Citation" means the printed notice of a violation |
| 49 | that is recorded by a traffic control photographic system. |
| 50 | (b) "Traffic control photographic program" means the |
| 51 | selection, placement, utilization, and maintenance of a traffic |
| 52 | control photographic system at an intersection utilizing a |
| 53 | steady red light traffic signal. |
| 54 | (c) "Traffic control photographic system" means a device |
| 55 | capable of recording a motor vehicle traveling through an |
| 56 | intersection in violation of a traffic control signal steady red |
| 57 | light indication. |
| 58 | (4) GENERAL PROVISIONS.-- |
| 59 | (a) Notwithstanding s. 316.0745, each municipality and |
| 60 | county has the right to establish a traffic control photographic |
| 61 | program within its jurisdiction pursuant to the provisions of |
| 62 | this section. |
| 63 | (b) The traffic control photographic system must be |
| 64 | capable of recording at least two color digital images such that |
| 65 | the images record the rear of a motor vehicle, with at least one |
| 66 | of the images clearly recording the motor vehicle behind the |
| 67 | stop bar on a steady red light traffic signal during the time |
| 68 | the light is red and at least one image recording the motor |
| 69 | vehicle entering the intersection in violation of the steady red |
| 70 | light traffic signal. Additionally, at least one of the images |
| 71 | must clearly identify the registration plate of the motor |
| 72 | vehicle. |
| 73 | (c) The traffic control photographic system must be |
| 74 | designed and implemented so that it does not record a motor |
| 75 | vehicle as violating a steady red light traffic signal unless |
| 76 | the red light traffic signal was preceded by a steady yellow |
| 77 | light traffic signal that was displayed for a minimum of 3 |
| 78 | seconds before such time as the signal became a steady red light |
| 79 | traffic signal. |
| 80 | (d) The traffic control photographic system must be |
| 81 | implemented so that it solely records images of motor vehicles |
| 82 | violating the steady red light traffic signal. It shall not be |
| 83 | implemented in a manner to record images of general traffic |
| 84 | conditions or activities occurring within the intersection or |
| 85 | surrounding areas. |
| 86 | (5) OFFENSE AND CIVIL PENALTY.-- |
| 87 | (a) A violation of s. 316.075 by any motor vehicle |
| 88 | entering an intersection while facing a steady red light traffic |
| 89 | signal may be cited as a violation under this section when the |
| 90 | violation is recorded by a traffic control photographic system. |
| 91 | (b) A violation cited under this section shall be deemed a |
| 92 | noncriminal, moving violation for which, in addition to the |
| 93 | penalties and charges assessed under s. 318.18, a $65 civil fee |
| 94 | will be assessed against the motor vehicle owner. |
| 95 | (c) Notwithstanding s. 318.21, upon collection, $60 of the |
| 96 | fee assessed under paragraph (b) shall be remitted to the |
| 97 | Department of Revenue for deposit into the Administrative Trust |
| 98 | Fund in the Department of Health to be used for trauma services |
| 99 | and $5 shall be retained by the enforcing municipality or |
| 100 | county. |
| 101 | (d) The owner of a motor vehicle cited under this section |
| 102 | shall be responsible for paying the civil fee for the violation, |
| 103 | except under the following circumstances: |
| 104 | 1. The owner of a motor vehicle cited under this section |
| 105 | which was being operated without the permission of the owner |
| 106 | shall not be responsible for paying the fee for the violation. |
| 107 | This exception only applies if the motor vehicle owner signs and |
| 108 | submits an affidavit to the enforcing municipality or county, |
| 109 | within 21 days after receipt of the citation, which specifically |
| 110 | provides that the operator of the motor vehicle was operating |
| 111 | the motor vehicle without the permission of the motor vehicle |
| 112 | owner and lists the full legal name, current address, and driver |
| 113 | license number of the operator of the motor vehicle and how the |
| 114 | operator came into possession of the motor vehicle, or the |
| 115 | affidavit has attached thereto a stolen motor vehicle report |
| 116 | that has been filed with a law enforcement agency. |
| 117 | 2. If the driver of a motor vehicle is issued a citation |
| 118 | by a law enforcement officer for violating a steady red light |
| 119 | traffic signal, the motor vehicle owner may not be issued a |
| 120 | separate citation pursuant to this section as a result of the |
| 121 | traffic control photographic system recording the same |
| 122 | violation. |
| 123 | (6) CITATION.-- |
| 124 | (a) The citation must be printed on a uniform citation |
| 125 | form that must provide the following: |
| 126 | 1. The name and address of the motor vehicle owner. |
| 127 | 2. The registration number of the motor vehicle involved |
| 128 | in the violation. |
| 129 | 3. Citations of this section and the local law violated. |
| 130 | 4. The location of the intersection where the violation |
| 131 | occurred. |
| 132 | 5. The date and time of the violation. |
| 133 | 6. A copy of the recorded image of the violation. |
| 134 | 7. The amount of the fee and charges imposed and the date |
| 135 | by which the fee and charges must be paid or appealed. |
| 136 | 8. That a traffic infraction enforcement officer, as |
| 137 | described in s. 316.640, has reviewed and observed the recorded |
| 138 | images evidencing the red light infraction and has found |
| 139 | reasonable and probable grounds to believe that an offense has |
| 140 | been committed and can identify the license tag number of the |
| 141 | violating vehicle. |
| 142 | 9. A clear statement of the time limit to file an appeal |
| 143 | and describing the procedure for appealing the citation. |
| 144 | 10. A clear statement describing the penalty for failing |
| 145 | to pay the fee or appealing the citation. |
| 146 | (b) The citation shall be sent by regular first-class or |
| 147 | certified mail to the address of the motor vehicle owner that is |
| 148 | listed with the department as the titled owner of the motor |
| 149 | vehicle. If there is more than one motor vehicle owner, the |
| 150 | citation shall be sent to the first-named motor vehicle owner as |
| 151 | listed with the department as the titled owner of the motor |
| 152 | vehicle. |
| 153 | (c) If the motor vehicle owner does not pay, and the |
| 154 | enforcing municipality or county is required to personally serve |
| 155 | the citation for signature and acceptance, in addition to the |
| 156 | $65 civil fee under paragraph (5)(b) and the penalties and |
| 157 | charges under chapter 318, the motor vehicle owner shall be |
| 158 | responsible for paying an additional $25 for the violation which |
| 159 | shall be retained by the enforcing municipality or county. |
| 160 | (d) Failure to pay the fee or file an appeal within 30 |
| 161 | days after the motor vehicle owner signs and accepts the |
| 162 | citation shall result in the motor vehicle owner paying the |
| 163 | costs and attorney's fees required to collect the fee in |
| 164 | addition to any other fees and charges. The collection process |
| 165 | under this paragraph shall be the same as used by the enforcing |
| 166 | municipality or county to collect a parking fine. If the motor |
| 167 | vehicle owner files an appeal and is unsuccessful, the motor |
| 168 | vehicle owner shall be responsible for paying the costs and |
| 169 | attorney's fees required to collect the fee, including costs of |
| 170 | the appeal, in addition to any other fees and charges. |
| 171 | (e) Notwithstanding s. 318.21, the additional $25 fee |
| 172 | under paragraph (c) and all costs under paragraph (d) shall, |
| 173 | upon collection, be retained by the enforcing municipality or |
| 174 | county. |
| 175 | (7) APPEAL.-- |
| 176 | (a) A notice of appeal must be filed within 21 days after |
| 177 | the motor vehicle owner signs and accepts the citation, which |
| 178 | day begins to run on the date of signature and acceptance. |
| 179 | Failure to give notice of appeal within this time period shall |
| 180 | constitute a waiver of the right to contest the citation. |
| 181 | (b) The motor vehicle owner receiving a citation may |
| 182 | contest the citation on the following grounds: |
| 183 | 1. At the time of the violation, the motor vehicle was |
| 184 | being operated without the permission of the motor vehicle |
| 185 | owner. This exception only applies if the motor vehicle owner |
| 186 | signs and submits an affidavit to the enforcing municipality or |
| 187 | county, within 21 days after receipt of the citation, which |
| 188 | specifically provides that the operator of the motor vehicle was |
| 189 | operating the motor vehicle without the permission of the motor |
| 190 | vehicle owner and lists the full legal name, current address, |
| 191 | and driver license number of the operator of the motor vehicle |
| 192 | and how the operator came into possession of the motor vehicle, |
| 193 | or the affidavit has attached thereto a stolen motor vehicle |
| 194 | report that has been filed with a law enforcement agency; |
| 195 | 2. The motor vehicle driver was issued a citation by a law |
| 196 | enforcement officer, which was separate and distinct from the |
| 197 | citation issued under this section, for violating the steady red |
| 198 | light traffic signal; |
| 199 | 3. The motor vehicle driver was required to violate the |
| 200 | steady red light traffic signal in order to comply with other |
| 201 | governing laws; |
| 202 | 4. The motor vehicle driver was required to violate the |
| 203 | steady red light traffic signal in order to reasonably protect |
| 204 | the property or person of another; |
| 205 | 5. The steady red light traffic signal was inoperable or |
| 206 | malfunctioning; or |
| 207 | 6. Any other reason the trier of fact deems appropriate. |
| 208 | (c) Appeals shall be considered through the same process |
| 209 | established by the enforcing municipality or county for |
| 210 | appealing parking citations. |
| 211 | (d) The recorded images of the violation shall be |
| 212 | admissible as evidence of the violation. |
| 213 | Section 2. Section 318.121, Florida Statutes, is amended |
| 214 | to read: |
| 215 | 318.121 Preemption of additional fees, fines, surcharges, |
| 216 | and costs.--Notwithstanding any general or special law, or |
| 217 | municipal or county ordinance, additional fees, fines, |
| 218 | surcharges, or costs other than the court costs assessed under |
| 219 | s. 318.18(11) may not be added to the civil traffic penalties |
| 220 | assessed in this chapter. This section shall not apply to the |
| 221 | fees and charges assessed by a county or municipality under s. |
| 222 | 316.0065 to enforce violations of a traffic control signal |
| 223 | steady red light indication. |
| 224 | Section 3. Subsections (1) and (2) of section 318.14, |
| 225 | Florida Statutes, are amended to read: |
| 226 | 318.14 Noncriminal traffic infractions; exception; |
| 227 | procedures.-- |
| 228 | (1) Except as provided in ss. 316.0065, 318.17, and |
| 229 | 320.07(3)(c), any person cited for a violation of chapter 316, |
| 230 | s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), |
| 231 | s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) |
| 232 | is charged with a noncriminal infraction and must be cited for |
| 233 | such an infraction and cited to appear before an official. If |
| 234 | another person dies as a result of the noncriminal infraction, |
| 235 | the person cited may be required to perform 120 community |
| 236 | service hours under s. 316.027(4), in addition to any other |
| 237 | penalties. |
| 238 | (2) Except as provided in ss. s. 316.0065 and 316.1001(2), |
| 239 | any person cited for an infraction under this section must sign |
| 240 | and accept a citation indicating a promise to appear. The |
| 241 | officer may indicate on the traffic citation the time and |
| 242 | location of the scheduled hearing and must indicate the |
| 243 | applicable civil penalty established in s. 318.18. |
| 244 | Section 4. Section 322.264, Florida Statutes, is amended |
| 245 | to read: |
| 246 | 322.264 "Habitual traffic offender" defined.--A "habitual |
| 247 | traffic offender" is any person whose record, as maintained by |
| 248 | the Department of Highway Safety and Motor Vehicles, shows that |
| 249 | such person has accumulated the specified number of convictions |
| 250 | for offenses described in subsection (1) or subsection (2) |
| 251 | within a 5-year period or the specified number of convictions |
| 252 | for offenses described in subsection (3) within a 3-year period: |
| 253 | (1) Three or more convictions of any one or more of the |
| 254 | following offenses arising out of separate acts: |
| 255 | (a) Voluntary or involuntary manslaughter resulting from |
| 256 | the operation of a motor vehicle; |
| 257 | (b) Any violation of s. 316.193, former s. 316.1931, or |
| 258 | former s. 860.01; |
| 259 | (c) Any felony in the commission of which a motor vehicle |
| 260 | is used; |
| 261 | (d) Driving a motor vehicle while his or her license is |
| 262 | suspended or revoked; |
| 263 | (e) Failing to stop and render aid as required under the |
| 264 | laws of this state in the event of a motor vehicle crash |
| 265 | resulting in the death or personal injury of another; or |
| 266 | (f) Driving a commercial motor vehicle while his or her |
| 267 | privilege is disqualified. |
| 268 | (2) Fifteen convictions for moving traffic offenses for |
| 269 | which points may be assessed as set forth in s. 322.27, |
| 270 | including those offenses in subsection (1). |
| 271 | (3) Three convictions under s. 316.0065 or s. 316.075 for |
| 272 | a violation of a traffic control signal steady red light |
| 273 | indication. |
| 274 |
|
| 275 | Any violation of any federal law, any law of another state or |
| 276 | country, or any valid ordinance of a municipality or county of |
| 277 | another state similar to a statutory prohibition specified in |
| 278 | subsection (1) or subsection (2) shall be counted as a violation |
| 279 | of such prohibition. In computing the number of convictions, all |
| 280 | convictions during the 5 years previous to July 1, 1972, will be |
| 281 | used, provided at least one conviction occurs after that date. |
| 282 | The fact that previous convictions may have resulted in |
| 283 | suspension, revocation, or disqualification under another |
| 284 | section does not exempt them from being used for suspension or |
| 285 | revocation under this section as a habitual offender. |
| 286 | Section 5. For the purpose of incorporating the amendment |
| 287 | to section 322.264, Florida Statutes, in a reference thereto, |
| 288 | subsection (5) of section 322.27, Florida Statutes, is reenacted |
| 289 | to read: |
| 290 | 322.27 Authority of department to suspend or revoke |
| 291 | license.-- |
| 292 | (5) The department shall revoke the license of any person |
| 293 | designated a habitual offender, as set forth in s. 322.264, and |
| 294 | such person shall not be eligible to be relicensed for a minimum |
| 295 | of 5 years from the date of revocation, except as provided for |
| 296 | in s. 322.271. Any person whose license is revoked may, by |
| 297 | petition to the department, show cause why his or her license |
| 298 | should not be revoked. |
| 299 | Section 6. For the purpose of incorporating the amendment |
| 300 | to section 322.264, Florida Statutes, in references thereto, |
| 301 | subsections (1), (2), and (5) and paragraph (a) of subsection |
| 302 | (8) of section 322.34, Florida Statutes, are reenacted to read: |
| 303 | 322.34 Driving while license suspended, revoked, canceled, |
| 304 | or disqualified.-- |
| 305 | (1) Except as provided in subsection (2), any person whose |
| 306 | driver's license or driving privilege has been canceled, |
| 307 | suspended, or revoked, except a "habitual traffic offender" as |
| 308 | defined in s. 322.264, who drives a vehicle upon the highways of |
| 309 | this state while such license or privilege is canceled, |
| 310 | suspended, or revoked is guilty of a moving violation, |
| 311 | punishable as provided in chapter 318. |
| 312 | (2) Any person whose driver's license or driving privilege |
| 313 | has been canceled, suspended, or revoked as provided by law, |
| 314 | except persons defined in s. 322.264, who, knowing of such |
| 315 | cancellation, suspension, or revocation, drives any motor |
| 316 | vehicle upon the highways of this state while such license or |
| 317 | privilege is canceled, suspended, or revoked, upon: |
| 318 | (a) A first conviction is guilty of a misdemeanor of the |
| 319 | second degree, punishable as provided in s. 775.082 or s. |
| 320 | 775.083. |
| 321 | (b) A second conviction is guilty of a misdemeanor of the |
| 322 | first degree, punishable as provided in s. 775.082 or s. |
| 323 | 775.083. |
| 324 | (c) A third or subsequent conviction is guilty of a felony |
| 325 | of the third degree, punishable as provided in s. 775.082, s. |
| 326 | 775.083, or s. 775.084. |
| 327 |
|
| 328 | The element of knowledge is satisfied if the person has been |
| 329 | previously cited as provided in subsection (1); or the person |
| 330 | admits to knowledge of the cancellation, suspension, or |
| 331 | revocation; or the person received notice as provided in |
| 332 | subsection (4). There shall be a rebuttable presumption that the |
| 333 | knowledge requirement is satisfied if a judgment or order as |
| 334 | provided in subsection (4) appears in the department's records |
| 335 | for any case except for one involving a suspension by the |
| 336 | department for failure to pay a traffic fine or for a financial |
| 337 | responsibility violation. |
| 338 | (5) Any person whose driver's license has been revoked |
| 339 | pursuant to s. 322.264 (habitual offender) and who drives any |
| 340 | motor vehicle upon the highways of this state while such license |
| 341 | is revoked is guilty of a felony of the third degree, punishable |
| 342 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 343 | (8)(a) Upon the arrest of a person for the offense of |
| 344 | driving while the person's driver's license or driving privilege |
| 345 | is suspended or revoked, the arresting officer shall determine: |
| 346 | 1. Whether the person's driver's license is suspended or |
| 347 | revoked. |
| 348 | 2. Whether the person's driver's license has remained |
| 349 | suspended or revoked since a conviction for the offense of |
| 350 | driving with a suspended or revoked license. |
| 351 | 3. Whether the suspension or revocation was made under s. |
| 352 | 316.646 or s. 627.733, relating to failure to maintain required |
| 353 | security, or under s. 322.264, relating to habitual traffic |
| 354 | offenders. |
| 355 | 4. Whether the driver is the registered owner or coowner |
| 356 | of the vehicle. |
| 357 | Section 7. If any provision of this act or its application |
| 358 | to any person or circumstance is held invalid, the invalidity |
| 359 | does not affect other provisions or applications of this act |
| 360 | which can be given effect without the invalid provision or |
| 361 | application, and to this end the provisions of this act are |
| 362 | declared severable. |
| 363 | Section 8. This act shall take effect upon becoming a law. |