CS/HB 1247

1
A bill to be entitled
2An act relating to uniform traffic control; creating the
3"Mark Wandall Traffic Safety Act"; amending s. 316.003,
4F.S.; defining the term "traffic infraction detector";
5creating the Mark Wandall Traffic Safety Program to be
6administered by the Department of Highway Safety and Motor
7Vehicles; authorizing counties and municipalities to enact
8ordinances permitting the use of traffic infraction
9detectors; requiring signage; requiring certain public
10awareness procedures; requiring the ordinance to establish
11a fine of a certain amount; prohibiting additional
12charges; providing exceptions; providing penalties for
13traffic control signal violations detected by traffic
14infraction detectors; providing procedures; providing for
15tickets to be issued; providing for disposition of tickets
16issued; providing for disposition of revenue; providing
17complaint procedures; providing for the Legislature to
18exclude a county or municipality from the program;
19requiring reports from municipalities and counties in the
20program to the department; requiring the department to
21make reports to the Governor and the Legislature; amending
22s. 316.0745, F.S.; providing that traffic infraction
23detectors must meet certain requirements; amending s.
24322.264, F.S.; revising the definition of the term
25"habitual traffic offender" to include a certain number of
26violations of a traffic control signal steady red light
27indication within a certain timeframe; reenacting ss.
28322.27(5) and 322.34(1), (2), (5), and (8)(a), F.S.,
29relating to the authority of the Department of Highway
30Safety and Motor Vehicles to suspend or revoke a driver
31license and driving while a driver license is suspended,
32revoked, canceled, or disqualified, for the purpose of
33incorporating the amendment to s. 322.264, F.S., in
34references thereto; providing for severability; providing
35an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  This act may be cited as the "Mark Wandall
40Traffic Safety Act."
41     Section 2. Subsection (86) is added to section 316.003,
42Florida Statutes, to read:
43     316.003  Definitions.--The following words and phrases,
44when used in this chapter, shall have the meanings respectively
45ascribed to them in this section, except where the context
46otherwise requires:
47     (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses a
48vehicle sensor installed to work in conjunction with a traffic
49control signal and a camera synchronized to automatically record
50two or more sequenced photographic or electronic images or
51streaming video of only the rear of a motor vehicle at the time
52the vehicle fails to stop behind the stop bar or clearly marked
53stop line when facing a traffic control signal steady red light.
54Any citation issued by the use of a traffic infraction detector
55must include a photograph showing both the license tag of the
56offending vehicle and the traffic control device being violated.
57     Section 3.  Mark Wandall Traffic Safety Program;
58administration, report.--
59     (1)  There is hereby created the Mark Wandall Traffic
60Safety Program governing the operation of traffic infraction
61detectors. The program shall be administered by the Department
62of Highway Safety and Motor Vehicles and shall include the
63following provisions:
64     (a)  In order to utilize a traffic infraction detector, a
65county or municipality must enact an ordinance that provides for
66the use of a traffic infraction detector to enforce s.
67316.075(1)(c), Florida Statutes, which requires the driver of a
68motor vehicle to stop the vehicle when facing a traffic control
69signal steady red light on the streets and highways under the
70jurisdiction of the county or municipality. A county or
71municipality that operates a traffic infraction detector must
72authorize a traffic infraction enforcement officer to issue a
73ticket for a violation of s. 316.075(1)(c), Florida Statutes,
74and to enforce the payment of tickets for such violation. This
75paragraph does not authorize a traffic infraction enforcement
76officer to carry a firearm or other weapon and does not
77authorize such an officer to make arrests. The ordinance must
78require signs to be posted at locations designated by the county
79or municipality providing notification that a traffic infraction
80detector may be in use. Such signage must conform to the
81standards and requirements adopted by the Department of
82Transportation under s. 316.0745, Florida Statutes. The
83ordinance also must require that the county or municipality make
84a public announcement and conduct a public awareness campaign of
85the proposed use of traffic infraction detectors at least 30
86days before commencing the enforcement program. In addition, the
87ordinance must establish a fine of $125 to be assessed against
88the registered owner of a motor vehicle whose vehicle fails to
89stop when facing a traffic control signal steady red light, as
90determined through the use of a traffic infraction detector. Any
91other provision of law to the contrary notwithstanding, an
92additional surcharge, fee, or cost may not be added to the civil
93penalty authorized by this paragraph.
94     (b)  When responding to an emergency call, an emergency
95vehicle is exempt from any ordinance enacted under this section.
96     (c)  A county or municipality must adopt an ordinance that
97provides for the use of a traffic infraction detector in order
98to impose a fine on the registered owner of a motor vehicle for
99a violation of an ordinance enacted under s. 316.008, Florida
100Statutes. The fine shall be imposed in the same manner and is
101subject to the same limitations as provided for parking
102violations under s. 316.1967, Florida Statutes. Chapter 318 and
103s. 322.27, Florida Statutes, do not apply to a violation of an
104ordinance enacted under s. 316.008, Florida Statutes. Such a
105violation is not a conviction of the operator, may not be made a
106part of the driving record of the operator, and may not be used
107for purposes of setting motor vehicle insurance rates. Points
108may not be assessed based upon such a violation.
109     (d)  The procedures set forth in s. 316.1967(2)-(5),
110Florida Statutes, apply to a violation of an ordinance enacted
111under s. 316.008, Florida Statutes, except that the ticket must
112contain the name and address of the person alleged to be liable
113as the registered owner or operator of the motor vehicle
114involved in the violation, the registration number of the
115vehicle, the violation charged, a copy of the recorded image,
116the location where the violation occurred, the date and time of
117the violation, information that identifies the device that
118recorded the violation, and a signed statement by a specifically
119trained technician employed by the agency or its contractor
120that, based on inspection of recorded images, the motor vehicle
121was being operated in violation of s. 316.075(1)(c), Florida
122Statutes. The ticket must advise the registered owner of the
123motor vehicle responsible for the violation of the amount of the
124fine, the date by which the fine must be paid, and the procedure
125for contesting the violation alleged in the ticket. The ticket
126must contain a warning that failure to contest the violation in
127the manner and time provided is deemed an admission of the
128liability and that a default may be entered thereon. The
129violation shall be processed by the county or municipality that
130has jurisdiction over the street or highway where the violation
131occurred or by any entity authorized by the county or
132municipality to prepare and mail the ticket.
133     (e)  The ticket shall be sent by first-class mail addressed
134to the registered owner of the motor vehicle and postmarked no
135later than 14 days after the date of the violation.
136     (f)1.  The registered owner of the motor vehicle involved
137in a violation is responsible and liable for payment of the fine
138assessed under this section unless the owner can establish:
139     a.  That the vehicle passed through the intersection in
140order to yield right-of-way to an emergency vehicle or as part
141of a funeral procession;
142     b.  That the vehicle passed through the intersection at the
143direction of a law enforcement officer; or
144     c.  That the vehicle was, at the time of the violation, in
145the care, custody, or control of another person.
146     2.  In order to establish such facts, the registered owner
147of the vehicle must, within 20 days after receipt of
148notification of the alleged violation, furnish to the county or
149municipality, as appropriate, an affidavit that sets forth
150detailed information supporting an exemption as provided in sub-
151subparagraph 1.a., sub-subparagraph 1.b., or sub-subparagraph
1521.c. For an exemption under sub-subparagraph 1.c., the affidavit
153must set forth:
154     a.  The name, address, and, if known, driver's license
155number of the person who leased, rented, or otherwise had care,
156custody, or control of the motor vehicle at the time of the
157alleged violation; or
158     b.  That the vehicle was stolen, with a copy of the police
159report indicating that the vehicle was stolen at the time of the
160alleged violation.
161     3.  Upon receipt of an affidavit, the agency may issue a
162ticket to the person designated as having had care, custody, or
163control of the motor vehicle at the time of the violation. The
164ticket must be issued no later than 14 days after the agency's
165receipt of the affidavit. The affidavit is admissible in a
166proceeding under this section for the purpose of proving that
167the person identified in the affidavit was in actual care,
168custody, or control of the motor vehicle.
169     (g)  A person may elect to contest the determination that
170such person failed to stop at a traffic control signal steady
171red light as evidenced by a traffic infraction detector by
172electing to appear before any judge authorized by law to preside
173over a court hearing that adjudicates traffic infractions. A
174person who elects to appear before the court to present evidence
175is deemed to have waived the limitation of civil penalties
176imposed for the violation. The court, after hearing, shall
177determine whether the violation was committed and may impose a
178civil penalty not to exceed $125 plus costs. The court may take
179appropriate measures to enforce collection of any penalty not
180paid within the time permitted by the court.
181     (h)  A certificate sworn to or affirmed by a person
182authorized under s. 316.008, Florida Statutes, who is employed
183by or under contract with the county or municipality where the
184infraction occurred, or a facsimile thereof that is based upon
185inspection of photographs or other recorded images produced by a
186traffic infraction detector, is prima facie evidence of the
187facts contained in the certificate. A photograph or other
188recorded image evidencing such a violation must be available for
189inspection in any proceeding to adjudicate liability for
190violation of an ordinance enacted under s. 316.008, Florida
191Statutes.
192     (i)  In any county or municipality in which tickets are
193issued as provided in this section, the names of persons who
194have one or more outstanding violations may be included on the
195list authorized under s. 316.1967(6), Florida Statutes.
196     (j)  If the driver of the motor vehicle received a citation
197from a police officer at the time of the violation, a ticket may
198not be issued pursuant to this section.
199     (k)  The uniform traffic citation prepared by the
200department under s. 316.650, Florida Statutes, may not be issued
201for any violation for which a ticket is issued as provided in
202this section.
203     (2)  The fine imposed pursuant to paragraph (1)(a) or
204paragraph (1)(g) shall be remitted to the Department of Revenue
205for distribution as follows:
206     (a)  Sixty-five dollars of the fine amount shall be
207deposited into the Administrative Trust Fund of the Department
208of Health for distribution pursuant to s. 395.4036, Florida
209Statutes.
210     (b)  The remaining $60 shall be distributed pursuant to s.
211318.21(1) and (2), Florida Statutes.
212     (3)  A complaint that a county or municipality is employing
213traffic infraction detectors for purposes other than the
214promotion of public health, welfare, and safety or in a manner
215inconsistent with this section may be submitted to the governing
216board of such county or municipality. Such complaints, along
217with any investigation and corrective action taken by the county
218or municipal governing body, shall be included in the annual
219report to the Department of Highway Safety and Motor Vehicles
220and in the department's annual summary report to the Governor,
221the President of the Senate, and the Speaker of the House
222Representatives, as required by this section. Based on its
223review of the report, the Legislature may exclude a county or
224municipality from further participation in the program.
225     (4)(a)  Each county or municipality that operates a traffic
226infraction detector shall submit an annual report to the
227Department of Highway Safety and Motor Vehicles which details
228the results of using the traffic infraction detector and the
229procedures for enforcement.
230     (b)  The Department of Highway Safety and Motor Vehicles
231shall provide an annual summary report to the Governor, the
232President of the Senate, and the Speaker of the House of
233Representatives regarding the use and operation of traffic
234infraction detectors under s. 316.008, Florida Statutes. The
235summary report must include a review of the information
236submitted to the department by the counties and municipalities
237and must describe the enhancement of the traffic safety and
238enforcement programs. The department shall report its
239recommendations, including any necessary legislation, on or
240before December 1, 2008, to the Governor, the President of the
241Senate, and the Speaker of the House of Representatives.
242     Section 4.  Subsection (6) of section 316.0745, Florida
243Statutes, is amended to read:
244     316.0745  Uniform signals and devices.--
245     (6)(a)  Any system of traffic control devices controlled
246and operated from a remote location by electronic computers or
247similar devices must shall meet all requirements established for
248the uniform system, and, if where such a system affects systems
249affect the movement of traffic on state roads, the design of the
250system must shall be reviewed and approved by the Department of
251Transportation.
252     (b)  Any traffic infraction detector deployed on the
253streets and highways of the state must meet requirements
254established by the Department of Transportation and must be
255tested at regular intervals according to procedures prescribed
256by that department.
257     Section 5.  Subsection (6) of section 316.1967, Florida
258Statutes, reads:
259     316.1967  Liability for payment of parking ticket
260violations and other parking violations.--
261     (6)  Any county or municipality may provide by ordinance
262that the clerk of the court or the traffic violations bureau
263shall supply the department with a magnetically encoded computer
264tape reel or cartridge or send by other electronic means data
265which is machine readable by the installed computer system at
266the department, listing persons who have three or more
267outstanding parking violations, including violations of s.
268316.1955. Each county shall provide by ordinance that the clerk
269of the court or the traffic violations bureau shall supply the
270department with a magnetically encoded computer tape reel or
271cartridge or send by other electronic means data that is machine
272readable by the installed computer system at the department,
273listing persons who have any outstanding violations of s.
274316.1955 or any similar local ordinance that regulates parking
275in spaces designated for use by persons who have disabilities.
276The department shall mark the appropriate registration records
277of persons who are so reported. Section 320.03(8) applies to
278each person whose name appears on the list.
279     Section 6.  Subsection (8) of section 320.03, Florida
280Statutes, reads:
281     320.03  Registration; duties of tax collectors;
282International Registration Plan.--
283     (8)  If the applicant's name appears on the list referred
284to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
285license plate or revalidation sticker may not be issued until
286that person's name no longer appears on the list or until the
287person presents a receipt from the clerk showing that the fines
288outstanding have been paid. This subsection does not apply to
289the owner of a leased vehicle if the vehicle is registered in
290the name of the lessee of the vehicle. The tax collector and the
291clerk of the court are each entitled to receive monthly, as
292costs for implementing and administering this subsection, 10
293percent of the civil penalties and fines recovered from such
294persons. As used in this subsection, the term "civil penalties
295and fines" does not include a wrecker operator's lien as
296described in s. 713.78(13). If the tax collector has private tag
297agents, such tag agents are entitled to receive a pro rata share
298of the amount paid to the tax collector, based upon the
299percentage of license plates and revalidation stickers issued by
300the tag agent compared to the total issued within the county.
301The authority of any private agent to issue license plates shall
302be revoked, after notice and a hearing as provided in chapter
303120, if he or she issues any license plate or revalidation
304sticker contrary to the provisions of this subsection. This
305section applies only to the annual renewal in the owner's birth
306month of a motor vehicle registration and does not apply to the
307transfer of a registration of a motor vehicle sold by a motor
308vehicle dealer licensed under this chapter, except for the
309transfer of registrations which is inclusive of the annual
310renewals. This section does not affect the issuance of the title
311to a motor vehicle, notwithstanding s. 319.23(7)(b).
312     Section 7.  Section 322.264, Florida Statutes, is amended
313to read:
314     322.264  "Habitual traffic offender" defined.--A "habitual
315traffic offender" is any person whose record, as maintained by
316the Department of Highway Safety and Motor Vehicles, shows that
317such person has accumulated the specified number of convictions
318for offenses described in subsection (1) or subsection (2)
319within a 5-year period or the specified number of convictions
320for offenses described in subsection (3) within a 3-year period:
321     (1)  Three or more convictions of any one or more of the
322following offenses arising out of separate acts:
323     (a)  Voluntary or involuntary manslaughter resulting from
324the operation of a motor vehicle;
325     (b)  Any violation of s. 316.193, former s. 316.1931, or
326former s. 860.01;
327     (c)  Any felony in the commission of which a motor vehicle
328is used;
329     (d)  Driving a motor vehicle while his or her license is
330suspended or revoked;
331     (e)  Failing to stop and render aid as required under the
332laws of this state in the event of a motor vehicle crash
333resulting in the death or personal injury of another; or
334     (f)  Driving a commercial motor vehicle while his or her
335privilege is disqualified.
336     (2)  Fifteen convictions for moving traffic offenses for
337which points may be assessed as set forth in s. 322.27,
338including those offenses in subsection (1).
339     (3)  Three convictions under s. 316.075 for a violation of
340a traffic control signal steady red light indication.
341
342Any violation of any federal law, any law of another state or
343country, or any valid ordinance of a municipality or county of
344another state similar to a statutory prohibition specified in
345subsection (1), or subsection (2), or subsection (3) shall be
346counted as a violation of such prohibition. In computing the
347number of convictions, all convictions during the 5 years
348previous to July 1, 1972, will be used, provided at least one
349conviction occurs after that date. In computing the number of
350convictions for offenses listed in subsection (3), all
351convictions during the 3 years previous to July 1, 2007, will be
352used, provided at least one conviction occurs after that date.
353The fact that previous convictions may have resulted in
354suspension, revocation, or disqualification under another
355section does not exempt them from being used for suspension or
356revocation under this section as a habitual offender.
357     Section 8.  For the purpose of incorporating the amendment
358made by this act to section 322.264, Florida Statutes, in a
359reference thereto, subsection (5) of section 322.27, Florida
360Statutes, is reenacted to read:
361     322.27  Authority of department to suspend or revoke
362license.--
363     (5)  The department shall revoke the license of any person
364designated a habitual offender, as set forth in s. 322.264, and
365such person shall not be eligible to be relicensed for a minimum
366of 5 years from the date of revocation, except as provided for
367in s. 322.271. Any person whose license is revoked may, by
368petition to the department, show cause why his or her license
369should not be revoked.
370     Section 9.  For the purpose of incorporating the amendment
371made by this act to section 322.264, Florida Statutes, in
372references thereto, subsections (1), (2), and (5) and paragraph
373(a) of subsection (8) of section 322.34, Florida Statutes, are
374reenacted to read:
375     322.34  Driving while license suspended, revoked, canceled,
376or disqualified.--
377     (1)  Except as provided in subsection (2), any person whose
378driver's license or driving privilege has been canceled,
379suspended, or revoked, except a "habitual traffic offender" as
380defined in s. 322.264, who drives a vehicle upon the highways of
381this state while such license or privilege is canceled,
382suspended, or revoked is guilty of a moving violation,
383punishable as provided in chapter 318.
384     (2)  Any person whose driver's license or driving privilege
385has been canceled, suspended, or revoked as provided by law,
386except persons defined in s. 322.264, who, knowing of such
387cancellation, suspension, or revocation, drives any motor
388vehicle upon the highways of this state while such license or
389privilege is canceled, suspended, or revoked, upon:
390     (a)  A first conviction is guilty of a misdemeanor of the
391second degree, punishable as provided in s. 775.082 or s.
392775.083.
393     (b)  A second conviction is guilty of a misdemeanor of the
394first degree, punishable as provided in s. 775.082 or s.
395775.083.
396     (c)  A third or subsequent conviction is guilty of a felony
397of the third degree, punishable as provided in s. 775.082, s.
398775.083, or s. 775.084.
399
400The element of knowledge is satisfied if the person has been
401previously cited as provided in subsection (1); or the person
402admits to knowledge of the cancellation, suspension, or
403revocation; or the person received notice as provided in
404subsection (4). There shall be a rebuttable presumption that the
405knowledge requirement is satisfied if a judgment or order as
406provided in subsection (4) appears in the department's records
407for any case except for one involving a suspension by the
408department for failure to pay a traffic fine or for a financial
409responsibility violation.
410     (5)  Any person whose driver's license has been revoked
411pursuant to s. 322.264 (habitual offender) and who drives any
412motor vehicle upon the highways of this state while such license
413is revoked is guilty of a felony of the third degree, punishable
414as provided in s. 775.082, s. 775.083, or s. 775.084.
415     (8)(a)  Upon the arrest of a person for the offense of
416driving while the person's driver's license or driving privilege
417is suspended or revoked, the arresting officer shall determine:
418     1.  Whether the person's driver's license is suspended or
419revoked.
420     2.  Whether the person's driver's license has remained
421suspended or revoked since a conviction for the offense of
422driving with a suspended or revoked license.
423     3.  Whether the suspension or revocation was made under s.
424316.646 or s. 627.733, relating to failure to maintain required
425security, or under s. 322.264, relating to habitual traffic
426offenders.
427     4.  Whether the driver is the registered owner or coowner
428of the vehicle.
429     Section 10.  If any provision of this act or its
430application to any person or circumstance is held invalid, the
431invalidity does not affect other provisions or applications of
432this act which can be given effect without the invalid provision
433or application, and to this end the provisions of this act are
434declared severable.
435     Section 11.  This act shall take effect upon becoming a
436law.


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