HB 259

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;
14providing 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)  SHORT TITLE.--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 Department of Health
98Administrative Trust Fund to be used for trauma services and $5
99shall be retained by the enforcing municipality or county.
100     (d)  The owner of a motor vehicle cited under this section
101shall be responsible for paying the civil fee for the violation,
102except under the following circumstances:
103     1.  The owner of a motor vehicle cited under this section
104which was being operated without the permission of the owner
105shall not be responsible for paying the fee for the violation.
106This exception only applies if the motor vehicle owner signs and
107submits an affidavit to the enforcing municipality or county,
108within 21 days after receipt of the citation, which specifically
109provides that the operator of the motor vehicle was operating
110the motor vehicle without the permission of the motor vehicle
111owner and lists the full legal name, current address, and driver
112license number of the operator of the motor vehicle and how the
113operator came into possession of the motor vehicle, or the
114affidavit has attached thereto a stolen motor vehicle report
115that has been filed with a law enforcement agency.
116     2.  If the driver of a motor vehicle is issued a citation
117by a law enforcement officer for violating a steady red light
118traffic signal, the motor vehicle owner may not be issued a
119separate citation pursuant to this section as a result of the
120traffic control photographic system recording the same
121violation.
122     (6)  CITATION.--
123     (a)  The citation must be printed on a uniform citation
124form that must provide the following:
125     1.  The name and address of the motor vehicle owner.
126     2.  The registration number of the motor vehicle involved
127in the violation.
128     3.  Citations of this section and the local law violated.
129     4.  The location of the intersection where the violation
130occurred.
131     5.  The date and time of the violation.
132     6.  A copy of the recorded image of the violation.
133     7.  The amount of the fee and charges imposed and the date
134by which the fee and charges must be paid or appealed.
135     8.  That a traffic infraction enforcement officer, as
136described in s. 316.640, has reviewed and observed the recorded
137images evidencing the red light infraction and has found
138reasonable and probable grounds to believe that an offense has
139been committed and can identify the license tag number of the
140violating vehicle.
141     9.  A clear statement of the time limit to file an appeal
142and describing the procedure for appealing the citation.
143     10.  A clear statement describing the penalty for failing
144to pay the fee or appeal the citation.
145     (b)  The citation shall be sent by regular first-class or
146certified mail to the address of the motor vehicle owner that is
147listed with the department as the titled owner of the motor
148vehicle. If there is more than one motor vehicle owner, the
149citation shall be sent to the first-named motor vehicle owner as
150listed with the department as the titled owner of the motor
151vehicle.
152     (c)  If the motor vehicle owner does not pay the fee, and
153the enforcing municipality or county is required to personally
154serve the citation for signature and acceptance, in addition to
155the $65 civil fee under paragraph (5)(b) and the penalties and
156charges under chapter 318, the motor vehicle owner shall be
157responsible for paying an additional $25 for the violation which
158shall be retained by the enforcing municipality or county.
159     (d)  Failure to pay the fee or file an appeal within 30
160days after the motor vehicle owner signs and accepts the
161citation shall result in the motor vehicle owner paying the
162costs and attorney's fees required to collect the fee in
163addition to any other fees and charges. The collection process
164under this paragraph shall be the same as used by the enforcing
165municipality or county to collect a parking fine. If the motor
166vehicle owner files an appeal and is unsuccessful, the motor
167vehicle owner shall be responsible for paying the costs and
168attorney's fees required to collect the fee, including costs of
169the appeal, in addition to any other fees and charges.
170     (e)  Notwithstanding s. 318.21, the additional $25 fee
171under paragraph (c) and all costs under paragraph (d) shall,
172upon collection, be retained by the enforcing municipality or
173county.
174     (7)  APPEAL.--
175     (a)  A notice of appeal must be filed within 21 days after
176the motor vehicle owner signs and accepts the citation, which
177day begins to run on the date of signature and acceptance.
178Failure to give notice of appeal within this time period shall
179constitute a waiver of the right to contest the citation.
180     (b)  The motor vehicle owner receiving a citation may
181contest the citation on the following grounds:
182     1.  At the time of the violation, the motor vehicle was
183being operated without the permission of the motor vehicle
184owner. This exception only applies if the motor vehicle owner
185signs and submits an affidavit to the enforcing municipality or
186county, within 21 days after receipt of the citation, which
187specifically provides that the operator of the motor vehicle was
188operating the motor vehicle without the permission of the motor
189vehicle owner and lists the full legal name, current address,
190and driver license number of the operator of the motor vehicle
191and how the operator came into possession of the motor vehicle,
192or the affidavit has attached thereto a stolen motor vehicle
193report that has been filed with a law enforcement agency;
194     2.  The motor vehicle driver was issued a citation by a law
195enforcement officer, which was separate and distinct from the
196citation issued under this section, for violating the steady red
197light traffic signal;
198     3.  The motor vehicle driver was required to violate the
199steady red light traffic signal in order to comply with other
200governing laws;
201     4.  The motor vehicle driver was required to violate the
202steady red light traffic signal in order to reasonably protect
203the property or person of another;
204     5.  The steady red light traffic signal was inoperable or
205malfunctioning; or
206     6.  Any other reason the trier of fact deems appropriate.
207     (c)  Appeals shall be considered through the same process
208established by the enforcing municipality or county for
209appealing parking citations.
210     (d)  The recorded images of the violation shall be
211admissible as evidence of the violation.
212     Section 2.  Section 318.121, Florida Statutes, is amended
213to read:
214     318.121  Preemption of additional fees, fines, surcharges,
215and costs.--Notwithstanding any general or special law, or
216municipal or county ordinance, additional fees, fines,
217surcharges, or costs other than the court costs and surcharges
218assessed under s. 318.18(11) and (13) may not be added to the
219civil traffic penalties assessed in this chapter. This section
220shall not apply to the fees and charges assessed by a county or
221municipality under s. 316.0065 to enforce violations of a
222traffic control signal steady red light indication.
223     Section 3.  Subsections (1) and (2) of section 318.14,
224Florida Statutes, are amended to read:
225     318.14  Noncriminal traffic infractions; exception;
226procedures.--
227     (1)  Except as provided in ss. 316.0065, 318.17, and
228320.07(3)(c), any person cited for a violation of chapter 316,
229s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1),
230s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or s. 1006.66(3)
231is charged with a noncriminal infraction and must be cited for
232such an infraction and cited to appear before an official. If
233another person dies as a result of the noncriminal infraction,
234the person cited may be required to perform 120 community
235service hours under s. 316.027(4), in addition to any other
236penalties.
237     (2)  Except as provided in ss. 316.0065 and s. 316.1001(2),
238any person cited for an infraction under this section must sign
239and accept a citation indicating a promise to appear. The
240officer may indicate on the traffic citation the time and
241location of the scheduled hearing and must indicate the
242applicable civil penalty established in s. 318.18.
243     Section 4.  Section 322.264, Florida Statutes, is amended
244to read:
245     322.264  "Habitual traffic offender" defined.--A "habitual
246traffic offender" is any person whose record, as maintained by
247the Department of Highway Safety and Motor Vehicles, shows that
248such person has accumulated the specified number of convictions
249for offenses described in subsection (1) or subsection (2)
250within a 5-year period or the specified number of convictions
251for offenses described in subsection (3) within a 3-year period:
252     (1)  Three or more convictions of any one or more of the
253following offenses arising out of separate acts:
254     (a)  Voluntary or involuntary manslaughter resulting from
255the operation of a motor vehicle;
256     (b)  Any violation of s. 316.193, former s. 316.1931, or
257former s. 860.01;
258     (c)  Any felony in the commission of which a motor vehicle
259is used;
260     (d)  Driving a motor vehicle while his or her license is
261suspended or revoked;
262     (e)  Failing to stop and render aid as required under the
263laws of this state in the event of a motor vehicle crash
264resulting in the death or personal injury of another; or
265     (f)  Driving a commercial motor vehicle while his or her
266privilege is disqualified.
267     (2)  Fifteen convictions for moving traffic offenses for
268which points may be assessed as set forth in s. 322.27,
269including those offenses in subsection (1).
270     (3)  Three convictions under s. 316.0065 or s. 316.075 for
271a violation of a traffic control signal steady red light
272indication.
273
274Any violation of any federal law, any law of another state or
275country, or any valid ordinance of a municipality or county of
276another state similar to a statutory prohibition specified in
277subsection (1), or subsection (2), or subsection (3) shall be
278counted as a violation of such prohibition. In computing the
279number of convictions, all convictions during the 5 years
280previous to July 1, 1972, will be used, provided at least one
281conviction occurs after that date. The fact that previous
282convictions may have resulted in suspension, revocation, or
283disqualification under another section does not exempt them from
284being used for suspension or revocation under this section as a
285habitual offender.
286     Section 5.  For the purpose of incorporating the amendment
287made by this act to section 322.264, Florida Statutes, in a
288reference thereto, subsection (5) of section 322.27, Florida
289Statutes, is reenacted to 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
300made by this act to section 322.264, Florida Statutes, in
301references thereto, subsections (1), (2), and (5) and paragraph
302(a) of subsection (8) of section 322.34, Florida Statutes, are
303reenacted to read:
304     322.34  Driving while license suspended, revoked, canceled,
305or disqualified.--
306     (1)  Except as provided in subsection (2), any person whose
307driver's license or driving privilege has been canceled,
308suspended, or revoked, except a "habitual traffic offender" as
309defined in s. 322.264, who drives a vehicle upon the highways of
310this state while such license or privilege is canceled,
311suspended, or revoked is guilty of a moving violation,
312punishable as provided in chapter 318.
313     (2)  Any person whose driver's license or driving privilege
314has been canceled, suspended, or revoked as provided by law,
315except persons defined in s. 322.264, who, knowing of such
316cancellation, suspension, or revocation, drives any motor
317vehicle upon the highways of this state while such license or
318privilege is canceled, suspended, or revoked, upon:
319     (a)  A first conviction is guilty of a misdemeanor of the
320second degree, punishable as provided in s. 775.082 or s.
321775.083.
322     (b)  A second conviction is guilty of a misdemeanor of the
323first degree, punishable as provided in s. 775.082 or s.
324775.083.
325     (c)  A third or subsequent conviction is guilty of a felony
326of the third degree, punishable as provided in s. 775.082, s.
327775.083, or s. 775.084.
328
329The element of knowledge is satisfied if the person has been
330previously cited as provided in subsection (1); or the person
331admits to knowledge of the cancellation, suspension, or
332revocation; or the person received notice as provided in
333subsection (4). There shall be a rebuttable presumption that the
334knowledge requirement is satisfied if a judgment or order as
335provided in subsection (4) appears in the department's records
336for any case except for one involving a suspension by the
337department for failure to pay a traffic fine or for a financial
338responsibility violation.
339     (5)  Any person whose driver's license has been revoked
340pursuant to s. 322.264 (habitual offender) and who drives any
341motor vehicle upon the highways of this state while such license
342is revoked is guilty of a felony of the third degree, punishable
343as provided in s. 775.082, s. 775.083, or s. 775.084.
344     (8)(a)  Upon the arrest of a person for the offense of
345driving while the person's driver's license or driving privilege
346is suspended or revoked, the arresting officer shall determine:
347     1.  Whether the person's driver's license is suspended or
348revoked.
349     2.  Whether the person's driver's license has remained
350suspended or revoked since a conviction for the offense of
351driving with a suspended or revoked license.
352     3.  Whether the suspension or revocation was made under s.
353316.646 or s. 627.733, relating to failure to maintain required
354security, or under s. 322.264, relating to habitual traffic
355offenders.
356     4.  Whether the driver is the registered owner or coowner
357of the vehicle.
358     Section 7.  If any provision of this act or its application
359to any person or circumstance is held invalid, the invalidity
360does not affect other provisions or applications of this act
361which can be given effect without the invalid provision or
362application, and to this end the provisions of this act are
363declared severable.
364     Section 8.  This act shall take effect upon becoming a law.


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