Senate Bill sb2252

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    Florida Senate - 2005                                  SB 2252

    By Senator Wise





    5-861A-05                                          See HB 1439

  1                      A bill to be entitled

  2         An act relating to red light violations;

  3         creating s. 316.0065, F.S.; creating the "Mark

  4         Wandall Traffic Safety Act"; providing for a

  5         county or municipality to enforce a traffic

  6         control signal steady red light indication

  7         using a traffic control photographic system;

  8         providing definitions; providing system

  9         capability, design, and implementation

10         requirements; providing for citation of the

11         motor vehicle owner; providing for a civil fee;

12         providing for distribution of moneys collected;

13         requiring payment of a civil fee; providing for

14         exceptions; prohibiting dual enforcement;

15         providing for citation and enforcement;

16         providing for additional fees and costs of

17         collection to be paid; providing for

18         distribution of such fees and costs collected;

19         providing procedures and grounds for appeal of

20         citation; providing for admissibility of

21         recorded images as evidence of violation;

22         amending s. 318.121, F.S.; exempting local

23         enforcement under the act from certain civil

24         traffic penalty restrictions; amending s.

25         318.14, F.S.; exempting local enforcement under

26         the act from certain traffic infraction

27         enforcement procedures; amending s. 322.264,

28         F.S.; revising the definition of the term

29         "habitual traffic offender" to include a

30         certain number of violations of traffic control

31         signal steady red light indication within a

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1         certain timeframe; reenacting ss. 322.27(5) and

 2         322.34(1), (2), (5), and (8)(a), F.S., relating

 3         to the authority of the Department of Highway

 4         Safety and Motor Vehicles to suspend or revoke

 5         a driver license and driving while a driver

 6         license is suspended, revoked, canceled, or

 7         disqualified, for the purpose of incorporating

 8         the amendment to s. 322.264, F.S., in

 9         references thereto; providing for severability;

10         providing an effective date.

11  

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

13  

14         Section 1.  Section 316.0065, Florida Statutes, is

15  created to read:

16         316.0065  Local enforcement of red light violations.--

17         (1)  POPULAR NAME.--This section may be cited as the

18  "Mark Wandall Traffic Safety Act."

19         (2)  PURPOSE.--It is the intent of the Legislature to

20  provide counties and municipalities the right to enact local

21  laws for the automated enforcement of violations of steady red

22  light traffic signals within their jurisdictions.

23         (3)  DEFINITIONS.--As used in this section, except when

24  the context otherwise requires, the term:

25         (a)  "Citation" means the printed notice of a violation

26  that is recorded by a traffic control photographic system.

27         (b)  "Traffic control photographic program" means the

28  selection, placement, utilization, and maintenance of a

29  traffic control photographic system at an intersection

30  utilizing a steady red light traffic signal.

31  

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1         (c)  "Traffic control photographic system" means a

 2  device capable of recording a motor vehicle traveling through

 3  an intersection in violation of a traffic control signal

 4  steady red light indication.

 5         (4)  GENERAL PROVISIONS.--

 6         (a)  Notwithstanding s. 316.0745, each municipality and

 7  county has the right to establish a traffic control

 8  photographic program within its jurisdiction pursuant to the

 9  provisions of this section.

10         (b)  The traffic control photographic system must be

11  capable of recording at least two color digital images such

12  that the images record the rear of a motor vehicle, with at

13  least one of the images clearly recording the motor vehicle

14  behind the stop bar on a steady red light traffic signal

15  during the time the light is red and at least one image

16  recording the motor vehicle entering the intersection in

17  violation of the steady red light traffic signal.

18  Additionally, at least one of the images must clearly identify

19  the registration plate of the motor vehicle.

20         (c)  The traffic control photographic system must be

21  designed and implemented so that it does not record a motor

22  vehicle as violating a steady red light traffic signal unless

23  the red light traffic signal was preceded by a steady yellow

24  light traffic signal that was displayed for a minimum of 3

25  seconds before such time as the signal became a steady red

26  light traffic signal.

27         (d)  The traffic control photographic system must be

28  implemented so that it solely records images of motor vehicles

29  violating the steady red light traffic signal. It shall not be

30  implemented in a manner to record images of general traffic

31  

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  conditions or activities occurring within the intersection or

 2  surrounding areas.

 3         (5)  OFFENSE AND CIVIL PENALTY.--

 4         (a)  A violation of s. 316.075 by any motor vehicle

 5  entering an intersection while facing a steady red light

 6  traffic signal may be cited as a violation under this section

 7  when the violation is recorded by a traffic control

 8  photographic system.

 9         (b)  A violation cited under this section shall be

10  deemed a noncriminal, moving violation for which, in addition

11  to the penalties and charges assessed under s. 318.18, a $65

12  civil fee will be assessed against the motor vehicle owner.

13         (c)  Notwithstanding s. 318.21, upon collection of the

14  assessed fee under paragraph (b), $15 of the assessed fee

15  shall be remitted to the Department of Revenue for deposit

16  into the State Transportation Trust Fund in the Department of

17  Transportation and $5 shall be retained by the enforcing

18  municipality or county. The balance of the assessed fee shall

19  be deposited according to the following: 30 percent to the

20  Personal Care Attendant Program (PCA) with funds administered

21  by Able Trust; 30 percent to the Highway Safety Operating

22  Trust Fund for Florida Senior Safety Resource Centers; and 40

23  percent to the Administrative Trust Fund of the Department of

24  Health for verified trauma centers with funding distribution

25  based on trauma caseload volume.

26         (d)  The owner of a motor vehicle cited under this

27  section shall be responsible for paying the civil fee for the

28  violation, except under the following circumstances:

29         1.  The owner of a motor vehicle cited under this

30  section which was being operated without the permission of the

31  owner shall not be responsible for paying the fee for the

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  violation. This exception only applies if the motor vehicle

 2  owner signs and submits an affidavit to the enforcing

 3  municipality or county, within 21 days after receipt of the

 4  citation, which specifically provides that the operator of the

 5  motor vehicle was operating the motor vehicle without the

 6  permission of the motor vehicle owner and lists the full legal

 7  name, current address, and driver license number of the

 8  operator of the motor vehicle and how the operator came into

 9  possession of the motor vehicle, or the affidavit has attached

10  thereto a stolen motor vehicle report that has been filed with

11  a law enforcement agency.

12         2.  If the driver of a motor vehicle is issued a

13  citation by a law enforcement officer for violating a steady

14  red light traffic signal, the motor vehicle owner may not be

15  issued a separate citation pursuant to this section as a

16  result of the traffic control photographic system recording

17  the same violation.

18         (6)  CITATION.--

19         (a)  The citation must be printed on a uniform citation

20  form that must provide the following:

21         1.  The name and address of the motor vehicle owner.

22         2.  The registration number of the motor vehicle

23  involved in the violation.

24         3.  Citations of this section and the local law

25  violated.

26         4.  The location of the intersection where the

27  violation occurred.

28         5.  The date and time of the violation.

29         6.  A copy of the recorded image of the violation.

30         7.  The amount of the fee and charges imposed and the

31  date by which the fee and charges must be paid or appealed.

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1         8.  That a traffic infraction enforcement officer, as

 2  described in s. 316.640, has reviewed and observed the

 3  recorded images evidencing the red light infraction and has

 4  found reasonable and probable grounds to believe that an

 5  offense has been committed and can identify the license tag

 6  number of the violating vehicle.

 7         9.  A clear statement of the time limit to file an

 8  appeal and describing the procedure for appealing the

 9  citation.

10         10.  A clear statement describing the penalty for

11  failing to pay the fee or appealing the citation.

12         (b)  The citation shall be sent by regular first-class

13  or certified mail to the address of the motor vehicle owner

14  that is listed with the department as the titled owner of the

15  motor vehicle. If there is more than one motor vehicle owner,

16  the citation shall be sent to the first-named motor vehicle

17  owner as listed with the department as the titled owner of the

18  motor vehicle.

19         (c)  If the motor vehicle owner does not pay, and the

20  enforcing municipality or county is required to personally

21  serve the citation for signature and acceptance, in addition

22  to the $65 civil fee under paragraph (5)(b) and the penalties

23  and charges under chapter 318, the motor vehicle owner shall

24  be responsible for paying an additional $25 for the violation

25  which shall be retained by the enforcing municipality or

26  county.

27         (d)  Failure to pay the fee or file an appeal within 30

28  days after the motor vehicle owner signs and accepts the

29  citation shall result in the motor vehicle owner paying the

30  costs and attorney's fees required to collect the fee in

31  addition to any other fees and charges. The collection process

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  under this paragraph shall be the same as used by the

 2  enforcing municipality or county to collect a parking fine. If

 3  the motor vehicle owner files an appeal and is unsuccessful,

 4  the motor vehicle owner shall be responsible for paying the

 5  costs and attorney's fees required to collect the fee,

 6  including costs of the appeal, in addition to any other fees

 7  and charges.

 8         (e)  Notwithstanding s. 318.21, the additional $25 fee

 9  under paragraph (c) and all costs under paragraph (d) shall,

10  upon collection, be retained by the enforcing municipality or

11  county.

12         (7)  APPEAL.--

13         (a)  A notice of appeal must be filed within 21 days

14  after the motor vehicle owner signs and accepts the citation,

15  which day begins to run on the date of signature and

16  acceptance. Failure to give notice of appeal within this time

17  period shall constitute a waiver of the right to contest the

18  citation.

19         (b)  The motor vehicle owner receiving a citation may

20  contest the citation on the following grounds:

21         1.  At the time of the violation, the motor vehicle was

22  being operated without the permission of the motor vehicle

23  owner. This exception only applies if the motor vehicle owner

24  signs and submits an affidavit to the enforcing municipality

25  or county, within 21 days after receipt of the citation, which

26  specifically provides that the operator of the motor vehicle

27  was operating the motor vehicle without the permission of the

28  motor vehicle owner and lists the full legal name, current

29  address, and driver license number of the operator of the

30  motor vehicle and how the operator came into possession of the

31  motor vehicle, or the affidavit has attached thereto a stolen

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  motor vehicle report that has been filed with a law

 2  enforcement agency;

 3         2.  The motor vehicle driver was issued a citation by a

 4  law enforcement officer, which was separate and distinct from

 5  the citation issued under this section, for violating the

 6  steady red light traffic signal;

 7         3.  The motor vehicle driver was required to violate

 8  the steady red light traffic signal in order to comply with

 9  other governing laws;

10         4.  The motor vehicle driver was required to violate

11  the steady red light traffic signal in order to reasonably

12  protect the property or person of another;

13         5.  The steady red light traffic signal was inoperable

14  or malfunctioning; or

15         6.  Any other reason the trier of fact deems

16  appropriate.

17         (c)  Appeals shall be considered through the same

18  process established by the enforcing municipality or county

19  for appealing parking citations.

20         (d)  The recorded images of the violation shall be

21  admissible as evidence of the violation.

22         Section 2.  Section 318.121, Florida Statutes, is

23  amended to read:

24         318.121  Preemption of additional fees, fines,

25  surcharges, and costs.--Notwithstanding any general or special

26  law, or municipal or county ordinance, additional fees, fines,

27  surcharges, or costs other than the court costs assessed under

28  s. 318.18(11) may not be added to the civil traffic penalties

29  assessed in this chapter. This section shall not apply to the

30  fees and charges assessed by a county or municipality under s.

31  

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  316.0065 to enforce violations of a traffic control signal

 2  steady red light indication.

 3         Section 3.  Subsections (1) and (2) of section 318.14,

 4  Florida Statutes, are amended to read:

 5         318.14  Noncriminal traffic infractions; exception;

 6  procedures.--

 7         (1)  Except as provided in ss. 316.0065, 318.17, and

 8  320.07(3)(c), any person cited for a violation of chapter 316,

 9  s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1),

10  s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or s.

11  1006.66(3) is charged with a noncriminal infraction and must

12  be cited for such an infraction and cited to appear before an

13  official. If another person dies as a result of the

14  noncriminal infraction, the person cited may be required to

15  perform 120 community service hours under s. 316.027(4), in

16  addition to any other penalties.

17         (2)  Except as provided in ss. s. 316.0065 and

18  316.1001(2), any person cited for an infraction under this

19  section must sign and accept a citation indicating a promise

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

21  the time and location of the scheduled hearing and must

22  indicate the applicable civil penalty established in s.

23  318.18.

24         Section 4.  Section 322.264, Florida Statutes, is

25  amended to read:

26         322.264  "Habitual traffic offender" defined.--A

27  "habitual traffic offender" is any person whose record, as

28  maintained by the Department of Highway Safety and Motor

29  Vehicles, shows that such person has accumulated the specified

30  number of convictions for offenses described in subsection (1)

31  or subsection (2) within a 5-year period or the specified

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  number of convictions for offenses described in subsection (3)

 2  within a 3-year period:

 3         (1)  Three or more convictions of any one or more of

 4  the following offenses arising out of separate acts:

 5         (a)  Voluntary or involuntary manslaughter resulting

 6  from the operation of a motor vehicle;

 7         (b)  Any violation of s. 316.193, former s. 316.1931,

 8  or former s. 860.01;

 9         (c)  Any felony in the commission of which a motor

10  vehicle is used;

11         (d)  Driving a motor vehicle while his or her license

12  is suspended or revoked;

13         (e)  Failing to stop and render aid as required under

14  the laws of this state in the event of a motor vehicle crash

15  resulting in the death or personal injury of another; or

16         (f)  Driving a commercial motor vehicle while his or

17  her privilege is disqualified.

18         (2)  Fifteen convictions for moving traffic offenses

19  for which points may be assessed as set forth in s. 322.27,

20  including those offenses in subsection (1).

21         (3)  Three convictions under s. 316.0065 or s. 316.075

22  for a violation of a traffic control signal steady red light

23  indication.

24  

25  Any violation of any federal law, any law of another state or

26  country, or any valid ordinance of a municipality or county of

27  another state similar to a statutory prohibition specified in

28  subsection (1) or subsection (2) shall be counted as a

29  violation of such prohibition. In computing the number of

30  convictions, all convictions during the 5 years previous to

31  July 1, 1972, will be used, provided at least one conviction

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  occurs after that date. The fact that previous convictions may

 2  have resulted in suspension, revocation, or disqualification

 3  under another section does not exempt them from being used for

 4  suspension or revocation under this section as a habitual

 5  offender.

 6         Section 5.  For the purpose of incorporating the

 7  amendment to section 322.264, Florida Statutes, in a reference

 8  thereto, subsection (5) of section 322.27, Florida Statutes,

 9  is reenacted to read:

10         322.27  Authority of department to suspend or revoke

11  license.--

12         (5)  The department shall revoke the license of any

13  person designated a habitual offender, as set forth in s.

14  322.264, and such person shall not be eligible to be

15  relicensed for a minimum of 5 years from the date of

16  revocation, except as provided for in s. 322.271. Any person

17  whose license is revoked may, by petition to the department,

18  show cause why his or her license should not be revoked.

19         Section 6.  For the purpose of incorporating the

20  amendment to section 322.264, Florida Statutes, in references

21  thereto, subsections (1), (2), and (5) and paragraph (a) of

22  subsection (8) of section 322.34, Florida Statutes, are

23  reenacted to read:

24         322.34  Driving while license suspended, revoked,

25  canceled, or disqualified.--

26         (1)  Except as provided in subsection (2), any person

27  whose driver's license or driving privilege has been canceled,

28  suspended, or revoked, except a "habitual traffic offender" as

29  defined in s. 322.264, who drives a vehicle upon the highways

30  of this state while such license or privilege is canceled,

31  

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  suspended, or revoked is guilty of a moving violation,

 2  punishable as provided in chapter 318.

 3         (2)  Any person whose driver's license or driving

 4  privilege has been canceled, suspended, or revoked as provided

 5  by law, except persons defined in s. 322.264, who, knowing of

 6  such cancellation, suspension, or revocation, drives any motor

 7  vehicle upon the highways of this state while such license or

 8  privilege is canceled, suspended, or revoked, upon:

 9         (a)  A first conviction is guilty of a misdemeanor of

10  the second degree, punishable as provided in s. 775.082 or s.

11  775.083.

12         (b)  A second conviction is guilty of a misdemeanor of

13  the first degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         (c)  A third or subsequent conviction is guilty of a

16  felony of the third degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18  

19  The element of knowledge is satisfied if the person has been

20  previously cited as provided in subsection (1); or the person

21  admits to knowledge of the cancellation, suspension, or

22  revocation; or the person received notice as provided in

23  subsection (4). There shall be a rebuttable presumption that

24  the knowledge requirement is satisfied if a judgment or order

25  as provided in subsection (4) appears in the department's

26  records for any case except for one involving a suspension by

27  the department for failure to pay a traffic fine or for a

28  financial responsibility violation.

29         (5)  Any person whose driver's license has been revoked

30  pursuant to s. 322.264 (habitual offender) and who drives any

31  motor vehicle upon the highways of this state while such

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    Florida Senate - 2005                                  SB 2252
    5-861A-05                                          See HB 1439




 1  license is revoked is guilty of a felony of the third degree,

 2  punishable as provided in s. 775.082, s. 775.083, or s.

 3  775.084.

 4         (8)(a)  Upon the arrest of a person for the offense of

 5  driving while the person's driver's license or driving

 6  privilege is suspended or revoked, the arresting officer shall

 7  determine:

 8         1.  Whether the person's driver's license is suspended

 9  or revoked.

10         2.  Whether the person's driver's license has remained

11  suspended or revoked since a conviction for the offense of

12  driving with a suspended or revoked license.

13         3.  Whether the suspension or revocation was made under

14  s. 316.646 or s. 627.733, relating to failure to maintain

15  required security, or under s. 322.264, relating to habitual

16  traffic offenders.

17         4.  Whether the driver is the registered owner or

18  coowner of the vehicle.

19         Section 7.  If any provision of this act or its

20  application to any person or circumstance is held invalid, the

21  invalidity does not affect other provisions or applications of

22  this act which can be given effect without the invalid

23  provision or application, and to this end the provisions of

24  this act are declared severable.

25         Section 8.  This act shall take effect upon becoming a

26  law.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Authorizes local governments to establish traffic control
      photographic programs. (See bill for details.)
31  

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