HB 1439

1
A bill to be entitled
2An act relating to red light violations; creating s.
3316.0065, F.S.; creating the "Mark Wandall Traffic Safety
4Act"; providing for a county or municipality to enforce a
5traffic control signal steady red light indication using a
6traffic control photographic system; providing
7definitions; providing system capability, design, and
8implementation requirements; providing for citation of the
9motor vehicle owner; providing for a civil fee; providing
10for distribution of moneys collected; requiring payment of
11a civil fee; providing for exceptions; prohibiting dual
12enforcement; providing for citation and enforcement;
13providing for additional fees and costs of collection to
14be paid; providing for distribution of such fees and costs
15collected; providing procedures and grounds for appeal of
16citation; providing for admissibility of recorded images
17as evidence of violation; amending s. 318.121, F.S.;
18exempting local enforcement under the act from certain
19civil traffic penalty restrictions; amending s. 318.14,
20F.S.; exempting local enforcement under the act from
21certain traffic infraction enforcement procedures;
22amending s. 322.264, F.S.; revising the definition of the
23term "habitual traffic offender" to include a certain
24number of violations of traffic control signal steady red
25light indication within a certain timeframe; reenacting
26ss. 322.27(5) and 322.34(1), (2), (5), and (8)(a), F.S.,
27relating to the authority of the Department of Highway
28Safety and Motor Vehicles to suspend or revoke a driver
29license and driving while a driver license is suspended,
30revoked, canceled, or disqualified, for the purpose of
31incorporating the amendment to s. 322.264, F.S., in
32references thereto; providing for severability; providing
33an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Section 316.0065, Florida Statutes, is created
38to read:
39     316.0065  Local enforcement of red light violations.--
40     (1)  POPULAR NAME.--This section may be cited as the "Mark
41Wandall Traffic Safety Act."
42     (2)  PURPOSE.--It is the intent of the Legislature to
43provide counties and municipalities the right to enact local
44laws for the automated enforcement of violations of steady red
45light traffic signals within their jurisdictions.
46     (3)  DEFINITIONS.--As used in this section, except when the
47context otherwise requires, the term:
48     (a)  "Citation" means the printed notice of a violation
49that is recorded by a traffic control photographic system.
50     (b)  "Traffic control photographic program" means the
51selection, placement, utilization, and maintenance of a traffic
52control photographic system at an intersection utilizing a
53steady red light traffic signal.
54     (c)  "Traffic control photographic system" means a device
55capable of recording a motor vehicle traveling through an
56intersection in violation of a traffic control signal steady red
57light indication.
58     (4)  GENERAL PROVISIONS.--
59     (a)  Notwithstanding s. 316.0745, each municipality and
60county has the right to establish a traffic control photographic
61program within its jurisdiction pursuant to the provisions of
62this section.
63     (b)  The traffic control photographic system must be
64capable of recording at least two color digital images such that
65the images record the rear of a motor vehicle, with at least one
66of the images clearly recording the motor vehicle behind the
67stop bar on a steady red light traffic signal during the time
68the light is red and at least one image recording the motor
69vehicle entering the intersection in violation of the steady red
70light traffic signal. Additionally, at least one of the images
71must clearly identify the registration plate of the motor
72vehicle.
73     (c)  The traffic control photographic system must be
74designed and implemented so that it does not record a motor
75vehicle as violating a steady red light traffic signal unless
76the red light traffic signal was preceded by a steady yellow
77light traffic signal that was displayed for a minimum of 3
78seconds before such time as the signal became a steady red light
79traffic signal.
80     (d)  The traffic control photographic system must be
81implemented so that it solely records images of motor vehicles
82violating the steady red light traffic signal. It shall not be
83implemented in a manner to record images of general traffic
84conditions or activities occurring within the intersection or
85surrounding areas.
86     (5)  OFFENSE AND CIVIL PENALTY.--
87     (a)  A violation of s. 316.075 by any motor vehicle
88entering an intersection while facing a steady red light traffic
89signal may be cited as a violation under this section when the
90violation is recorded by a traffic control photographic system.
91     (b)  A violation cited under this section shall be deemed a
92noncriminal, moving violation for which, in addition to the
93penalties and charges assessed under s. 318.18, a $65 civil fee
94will be assessed against the motor vehicle owner.
95     (c)  Notwithstanding s. 318.21, upon collection, $60 of the
96fee assessed under paragraph (b) shall be remitted to the
97Department of Revenue for deposit into the Administrative Trust
98Fund in the Department of Health to be used for trauma services
99and $5 shall be retained by the enforcing municipality or
100county.
101     (d)  The owner of a motor vehicle cited under this section
102shall be responsible for paying the civil fee for the violation,
103except under the following circumstances:
104     1.  The owner of a motor vehicle cited under this section
105which was being operated without the permission of the owner
106shall not be responsible for paying the fee for the violation.
107This exception only applies if the motor vehicle owner signs and
108submits an affidavit to the enforcing municipality or county,
109within 21 days after receipt of the citation, which specifically
110provides that the operator of the motor vehicle was operating
111the motor vehicle without the permission of the motor vehicle
112owner and lists the full legal name, current address, and driver
113license number of the operator of the motor vehicle and how the
114operator came into possession of the motor vehicle, or the
115affidavit has attached thereto a stolen motor vehicle report
116that has been filed with a law enforcement agency.
117     2.  If the driver of a motor vehicle is issued a citation
118by a law enforcement officer for violating a steady red light
119traffic signal, the motor vehicle owner may not be issued a
120separate citation pursuant to this section as a result of the
121traffic control photographic system recording the same
122violation.
123     (6)  CITATION.--
124     (a)  The citation must be printed on a uniform citation
125form 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
128in the violation.
129     3.  Citations of this section and the local law violated.
130     4.  The location of the intersection where the violation
131occurred.
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
135by which the fee and charges must be paid or appealed.
136     8.  That a traffic infraction enforcement officer, as
137described in s. 316.640, has reviewed and observed the recorded
138images evidencing the red light infraction and has found
139reasonable and probable grounds to believe that an offense has
140been committed and can identify the license tag number of the
141violating vehicle.
142     9.  A clear statement of the time limit to file an appeal
143and describing the procedure for appealing the citation.
144     10.  A clear statement describing the penalty for failing
145to pay the fee or appealing the citation.
146     (b)  The citation shall be sent by regular first-class or
147certified mail to the address of the motor vehicle owner that is
148listed with the department as the titled owner of the motor
149vehicle. If there is more than one motor vehicle owner, the
150citation shall be sent to the first-named motor vehicle owner as
151listed with the department as the titled owner of the motor
152vehicle.
153     (c)  If the motor vehicle owner does not pay, and the
154enforcing municipality or county is required to personally serve
155the citation for signature and acceptance, in addition to the
156$65 civil fee under paragraph (5)(b) and the penalties and
157charges under chapter 318, the motor vehicle owner shall be
158responsible for paying an additional $25 for the violation which
159shall be retained by the enforcing municipality or county.
160     (d)  Failure to pay the fee or file an appeal within 30
161days after the motor vehicle owner signs and accepts the
162citation shall result in the motor vehicle owner paying the
163costs and attorney's fees required to collect the fee in
164addition to any other fees and charges. The collection process
165under this paragraph shall be the same as used by the enforcing
166municipality or county to collect a parking fine. If the motor
167vehicle owner files an appeal and is unsuccessful, the motor
168vehicle owner shall be responsible for paying the costs and
169attorney's fees required to collect the fee, including costs of
170the appeal, in addition to any other fees and charges.
171     (e)  Notwithstanding s. 318.21, the additional $25 fee
172under paragraph (c) and all costs under paragraph (d) shall,
173upon collection, be retained by the enforcing municipality or
174county.
175     (7)  APPEAL.--
176     (a)  A notice of appeal must be filed within 21 days after
177the motor vehicle owner signs and accepts the citation, which
178day begins to run on the date of signature and acceptance.
179Failure to give notice of appeal within this time period shall
180constitute a waiver of the right to contest the citation.
181     (b)  The motor vehicle owner receiving a citation may
182contest the citation on the following grounds:
183     1.  At the time of the violation, the motor vehicle was
184being operated without the permission of the motor vehicle
185owner. This exception only applies if the motor vehicle owner
186signs and submits an affidavit to the enforcing municipality or
187county, within 21 days after receipt of the citation, which
188specifically provides that the operator of the motor vehicle was
189operating the motor vehicle without the permission of the motor
190vehicle owner and lists the full legal name, current address,
191and driver license number of the operator of the motor vehicle
192and how the operator came into possession of the motor vehicle,
193or the affidavit has attached thereto a stolen motor vehicle
194report that has been filed with a law enforcement agency;
195     2.  The motor vehicle driver was issued a citation by a law
196enforcement officer, which was separate and distinct from the
197citation issued under this section, for violating the steady red
198light traffic signal;
199     3.  The motor vehicle driver was required to violate the
200steady red light traffic signal in order to comply with other
201governing laws;
202     4.  The motor vehicle driver was required to violate the
203steady red light traffic signal in order to reasonably protect
204the property or person of another;
205     5.  The steady red light traffic signal was inoperable or
206malfunctioning; or
207     6.  Any other reason the trier of fact deems appropriate.
208     (c)  Appeals shall be considered through the same process
209established by the enforcing municipality or county for
210appealing parking citations.
211     (d)  The recorded images of the violation shall be
212admissible as evidence of the violation.
213     Section 2.  Section 318.121, Florida Statutes, is amended
214to read:
215     318.121  Preemption of additional fees, fines, surcharges,
216and costs.--Notwithstanding any general or special law, or
217municipal or county ordinance, additional fees, fines,
218surcharges, or costs other than the court costs assessed under
219s. 318.18(11) may not be added to the civil traffic penalties
220assessed in this chapter. This section shall not apply to the
221fees and charges assessed by a county or municipality under s.
222316.0065 to enforce violations of a traffic control signal
223steady red light indication.
224     Section 3.  Subsections (1) and (2) of section 318.14,
225Florida Statutes, are amended to read:
226     318.14  Noncriminal traffic infractions; exception;
227procedures.--
228     (1)  Except as provided in ss. 316.0065, 318.17, and
229320.07(3)(c), any person cited for a violation of chapter 316,
230s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1),
231s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or s. 1006.66(3)
232is charged with a noncriminal infraction and must be cited for
233such an infraction and cited to appear before an official. If
234another person dies as a result of the noncriminal infraction,
235the person cited may be required to perform 120 community
236service hours under s. 316.027(4), in addition to any other
237penalties.
238     (2)  Except as provided in ss. s. 316.0065 and 316.1001(2),
239any person cited for an infraction under this section must sign
240and accept a citation indicating a promise to appear. The
241officer may indicate on the traffic citation the time and
242location of the scheduled hearing and must indicate the
243applicable civil penalty established in s. 318.18.
244     Section 4.  Section 322.264, Florida Statutes, is amended
245to read:
246     322.264  "Habitual traffic offender" defined.--A "habitual
247traffic offender" is any person whose record, as maintained by
248the Department of Highway Safety and Motor Vehicles, shows that
249such person has accumulated the specified number of convictions
250for offenses described in subsection (1) or subsection (2)
251within a 5-year period or the specified number of convictions
252for offenses described in subsection (3) within a 3-year period:
253     (1)  Three or more convictions of any one or more of the
254following offenses arising out of separate acts:
255     (a)  Voluntary or involuntary manslaughter resulting from
256the operation of a motor vehicle;
257     (b)  Any violation of s. 316.193, former s. 316.1931, or
258former s. 860.01;
259     (c)  Any felony in the commission of which a motor vehicle
260is used;
261     (d)  Driving a motor vehicle while his or her license is
262suspended or revoked;
263     (e)  Failing to stop and render aid as required under the
264laws of this state in the event of a motor vehicle crash
265resulting in the death or personal injury of another; or
266     (f)  Driving a commercial motor vehicle while his or her
267privilege is disqualified.
268     (2)  Fifteen convictions for moving traffic offenses for
269which points may be assessed as set forth in s. 322.27,
270including those offenses in subsection (1).
271     (3)  Three convictions under s. 316.0065 or s. 316.075 for
272a violation of a traffic control signal steady red light
273indication.
274
275Any violation of any federal law, any law of another state or
276country, or any valid ordinance of a municipality or county of
277another state similar to a statutory prohibition specified in
278subsection (1) or subsection (2) shall be counted as a violation
279of such prohibition. In computing the number of convictions, all
280convictions during the 5 years previous to July 1, 1972, will be
281used, provided at least one conviction occurs after that date.
282The fact that previous convictions may have resulted in
283suspension, revocation, or disqualification under another
284section does not exempt them from being used for suspension or
285revocation under this section as a habitual offender.
286     Section 5.  For the purpose of incorporating the amendment
287to section 322.264, Florida Statutes, in a reference thereto,
288subsection (5) of section 322.27, Florida Statutes, is reenacted
289to read:
290     322.27  Authority of department to suspend or revoke
291license.--
292     (5)  The department shall revoke the license of any person
293designated a habitual offender, as set forth in s. 322.264, and
294such person shall not be eligible to be relicensed for a minimum
295of 5 years from the date of revocation, except as provided for
296in s. 322.271. Any person whose license is revoked may, by
297petition to the department, show cause why his or her license
298should not be revoked.
299     Section 6.  For the purpose of incorporating the amendment
300to section 322.264, Florida Statutes, in references thereto,
301subsections (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,
304or disqualified.--
305     (1)  Except as provided in subsection (2), any person whose
306driver's license or driving privilege has been canceled,
307suspended, or revoked, except a "habitual traffic offender" as
308defined in s. 322.264, who drives a vehicle upon the highways of
309this state while such license or privilege is canceled,
310suspended, or revoked is guilty of a moving violation,
311punishable as provided in chapter 318.
312     (2)  Any person whose driver's license or driving privilege
313has been canceled, suspended, or revoked as provided by law,
314except persons defined in s. 322.264, who, knowing of such
315cancellation, suspension, or revocation, drives any motor
316vehicle upon the highways of this state while such license or
317privilege is canceled, suspended, or revoked, upon:
318     (a)  A first conviction is guilty of a misdemeanor of the
319second degree, punishable as provided in s. 775.082 or s.
320775.083.
321     (b)  A second conviction is guilty of a misdemeanor of the
322first degree, punishable as provided in s. 775.082 or s.
323775.083.
324     (c)  A third or subsequent conviction is guilty of a felony
325of the third degree, punishable as provided in s. 775.082, s.
326775.083, or s. 775.084.
327
328The element of knowledge is satisfied if the person has been
329previously cited as provided in subsection (1); or the person
330admits to knowledge of the cancellation, suspension, or
331revocation; or the person received notice as provided in
332subsection (4). There shall be a rebuttable presumption that the
333knowledge requirement is satisfied if a judgment or order as
334provided in subsection (4) appears in the department's records
335for any case except for one involving a suspension by the
336department for failure to pay a traffic fine or for a financial
337responsibility violation.
338     (5)  Any person whose driver's license has been revoked
339pursuant to s. 322.264 (habitual offender) and who drives any
340motor vehicle upon the highways of this state while such license
341is revoked is guilty of a felony of the third degree, punishable
342as 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
344driving while the person's driver's license or driving privilege
345is suspended or revoked, the arresting officer shall determine:
346     1.  Whether the person's driver's license is suspended or
347revoked.
348     2.  Whether the person's driver's license has remained
349suspended or revoked since a conviction for the offense of
350driving with a suspended or revoked license.
351     3.  Whether the suspension or revocation was made under s.
352316.646 or s. 627.733, relating to failure to maintain required
353security, or under s. 322.264, relating to habitual traffic
354offenders.
355     4.  Whether the driver is the registered owner or coowner
356of the vehicle.
357     Section 7.  If any provision of this act or its application
358to any person or circumstance is held invalid, the invalidity
359does not affect other provisions or applications of this act
360which can be given effect without the invalid provision or
361application, and to this end the provisions of this act are
362declared severable.
363     Section 8.  This act shall take effect upon becoming a law.


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