Senate Bill sb2558

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    Florida Senate - 2007                                  SB 2558

    By Senator Bennett





    21-1169-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to uniform traffic control;

  3         creating the "Mark Wandall Traffic Safety Act";

  4         amending s. 316.003, F.S.; defining the term

  5         "traffic infraction detector"; creating the

  6         Mark Wandall Traffic Safety Program to be

  7         administered by the Department of Highway

  8         Safety and Motor Vehicles; authorizing counties

  9         and municipalities to enact ordinances

10         permitting the use of traffic infraction

11         detectors; requiring signage; requiring certain

12         public awareness procedures; requiring the

13         ordinance to establish a fine of a certain

14         amount; prohibiting additional charges;

15         providing exceptions; providing penalties for

16         traffic control signal violations detected by

17         traffic infraction detectors; providing

18         procedures; providing for tickets to be issued;

19         providing for disposition of tickets issued;

20         providing for disposition of revenue; providing

21         complaint procedures; providing for the

22         Legislature to exclude a county or municipality

23         from the program; requiring reports from

24         municipalities and counties in the program to

25         the department; requiring the department to

26         make reports to the Governor and the

27         Legislature; amending s. 316.0745, F.S.;

28         providing that traffic infraction detectors

29         must meet certain requirements; amending s.

30         322.264, F.S.; revising the definition of the

31         term "habitual traffic offender" to include a

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1         certain number of violations of a traffic

 2         control signal steady red light indication

 3         within a certain timeframe; reenacting ss.

 4         322.27(5) and 322.34(1), (2), (5), and (8)(a),

 5         F.S., relating to the authority of the

 6         Department of Highway Safety and Motor Vehicles

 7         to suspend or revoke a driver license and

 8         driving while a driver license is suspended,

 9         revoked, canceled, or disqualified, for the

10         purpose of incorporating the amendment to s.

11         322.264, F.S., in references thereto; providing

12         for severability; providing an effective date.

13  

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

15  

16         Section 1.  This act may be cited as the "Mark Wandall

17  Traffic Safety Act."

18         Section 2.  Subsection (86) is added to section

19  316.003, Florida Statutes, to read:

20         316.003  Definitions.--The following words and phrases,

21  when used in this chapter, shall have the meanings

22  respectively ascribed to them in this section, except where

23  the context otherwise requires:

24         (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses

25  a vehicle sensor installed to work in conjunction with a

26  traffic control signal and a camera synchronized to

27  automatically record two or more sequenced photographic or

28  electronic images or streaming video of only the rear of a

29  motor vehicle at the time the vehicle fails to stop behind the

30  stop bar or clearly marked stop line when facing a traffic

31  control signal steady red light. Any citation issued by the

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  use of a traffic infraction detector must include a photograph

 2  showing both the license tag of the offending vehicle and the

 3  traffic control device being violated.

 4         Section 3.  Mark Wandall Traffic Safety Program;

 5  administration, report.--

 6         (1)  There is hereby created the Mark Wandall Traffic

 7  Safety Program governing the operation of traffic infraction

 8  detectors. The program shall be administered by the Department

 9  of Highway Safety and Motor Vehicles and shall include the

10  following provisions:

11         (a)  In order to utilize a traffic infraction detector,

12  a county or municipality must enact an ordinance that provides

13  for the use of a traffic infraction detector to enforce s.

14  316.075(1)(c), Florida Statutes, which requires the driver of

15  a motor vehicle to stop the vehicle when facing a traffic

16  control signal steady red light on the streets and highways

17  under the jurisdiction of the county or municipality. A county

18  or municipality that operates a traffic infraction detector

19  must authorize a traffic infraction enforcement officer to

20  issue a ticket for a violation of s. 316.075(1)(c), Florida

21  Statutes, and to enforce the payment of tickets for such

22  violation. This paragraph does not authorize a traffic

23  infraction enforcement officer to carry a firearm or other

24  weapon and does not authorize such an officer to make arrests.

25  The ordinance must require signs to be posted at locations

26  designated by the county or municipality providing

27  notification that a traffic infraction detector may be in use.

28  Such signage must conform to the standards and requirements

29  adopted by the Department of Transportation under s. 316.0745,

30  Florida Statutes. The ordinance also must require that the

31  county or municipality make a public announcement and conduct

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  a public awareness campaign of the proposed use of traffic

 2  infraction detectors at least 30 days before commencing the

 3  enforcement program. In addition, the ordinance must establish

 4  a fine of $125 to be assessed against the registered owner of

 5  a motor vehicle whose vehicle fails to stop when facing a

 6  traffic control signal steady red light, as determined through

 7  the use of a traffic infraction detector. Any other provision

 8  of law to the contrary notwithstanding, an additional

 9  surcharge, fee, or cost may not be added to the civil penalty

10  authorized by this paragraph.

11         (b)  When responding to an emergency call, an emergency

12  vehicle is exempt from any ordinance enacted under this

13  section.

14         (c)  A county or municipality must adopt an ordinance

15  that provides for the use of a traffic infraction detector in

16  order to impose a fine on the registered owner of a motor

17  vehicle for a violation of an ordinance enacted under s.

18  316.008, Florida Statutes. The fine shall be imposed in the

19  same manner and is subject to the same limitations as provided

20  for parking violations under s. 316.1967, Florida Statutes.

21  Chapter 318 and s. 322.27, Florida Statutes, do not apply to a

22  violation of an ordinance enacted under s. 316.008, Florida

23  Statutes. Such a violation is not a conviction of the

24  operator, may not be made a part of the driving record of the

25  operator, and may not be used for purposes of setting motor

26  vehicle insurance rates. Points may not be assessed based upon

27  such a violation.

28         (d)  The procedures set forth in s. 316.1967(2)-(5),

29  Florida Statutes, apply to a violation of an ordinance enacted

30  under s. 316.008, Florida Statutes, except that the ticket

31  must contain the name and address of the person alleged to be

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  liable as the registered owner or operator of the motor

 2  vehicle involved in the violation, the registration number of

 3  the vehicle, the violation charged, a copy of the recorded

 4  image, the location where the violation occurred, the date and

 5  time of the violation, information that identifies the device

 6  that recorded the violation, and a signed statement by a

 7  specifically trained technician employed by the agency or its

 8  contractor that, based on inspection of recorded images, the

 9  motor vehicle was being operated in violation of s.

10  316.075(1)(c), Florida Statutes. The ticket must advise the

11  registered owner of the motor vehicle responsible for the

12  violation of the amount of the fine, the date by which the

13  fine must be paid, and the procedure for contesting the

14  violation alleged in the ticket. The ticket must contain a

15  warning that failure to contest the violation in the manner

16  and time provided is deemed an admission of the liability and

17  that a default may be entered thereon. The violation shall be

18  processed by the county or municipality that has jurisdiction

19  over the street or highway where the violation occurred or by

20  any entity authorized by the county or municipality to prepare

21  and mail the ticket.

22         (e)  The ticket shall be sent by first-class mail

23  addressed to the registered owner of the motor vehicle and

24  postmarked no later than 14 days after the date of the

25  violation.

26         (f)1.  The registered owner of the motor vehicle

27  involved in a violation is responsible and liable for payment

28  of the fine assessed under this section unless the owner can

29  establish:

30  

31  

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1         a.  That the vehicle passed through the intersection in

 2  order to yield right-of-way to an emergency vehicle or as part

 3  of a funeral procession;

 4         b.  That the vehicle passed through the intersection at

 5  the direction of a law enforcement officer; or

 6         c.  That the vehicle was, at the time of the violation,

 7  in the care, custody, or control of another person.

 8         2.  In order to establish such facts, the registered

 9  owner of the vehicle must, within 20 days after receipt of

10  notification of the alleged violation, furnish to the county

11  or municipality, as appropriate, an affidavit that sets forth:

12         a.  The name, address, and, if known, driver's license

13  number of the person who leased, rented, or otherwise had

14  care, custody, or control of the motor vehicle at the time of

15  the alleged violation; or

16         b.  That the vehicle was stolen, with a copy of the

17  police report indicating that the vehicle was stolen at the

18  time of the alleged violation.

19         3.  Upon receipt of an affidavit, the agency may issue

20  a ticket to the person designated as having had care, custody,

21  or control of the motor vehicle at the time of the violation.

22  The ticket must be issued no later than 14 days after the

23  agency's receipt of the affidavit. The affidavit is admissible

24  in a proceeding under this section for the purpose of proving

25  that the person identified in the affidavit was in actual

26  care, custody, or control of the motor vehicle.

27         (g)  A person may elect to contest the determination

28  that such person failed to stop at a traffic control signal

29  steady red light as evidenced by a traffic infraction detector

30  by electing to appear before any judge authorized by law to

31  preside over a court hearing that adjudicates traffic

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  infractions. A person who elects to appear before the court to

 2  present evidence is deemed to have waived the limitation of

 3  civil penalties imposed for the violation. The court, after

 4  hearing, shall determine whether the violation was committed

 5  and may impose a civil penalty not to exceed $125 plus costs.

 6  The court may take appropriate measures to enforce collection

 7  of any penalty not paid within the time permitted by the

 8  court.

 9         (h)  A certificate sworn to or affirmed by a person

10  authorized under s. 316.008, Florida Statutes, who is employed

11  by or under contract with the county or municipality where the

12  infraction occurred, or a facsimile thereof that is based upon

13  inspection of photographs or other recorded images produced by

14  a traffic infraction detector, is prima facie evidence of the

15  facts contained in the certificate. A photograph or other

16  recorded image evidencing such a violation must be available

17  for inspection in any proceeding to adjudicate liability for

18  violation of an ordinance enacted under s. 316.008, Florida

19  Statutes.

20         (i)  In any county or municipality in which tickets are

21  issued as provided in this section, the names of persons who

22  have one or more outstanding violations may be included on the

23  list authorized under s. 316.1967(6), Florida Statutes.

24         (j)  If the driver of the motor vehicle received a

25  citation from a police officer at the time of the violation, a

26  ticket may not be issued pursuant to this section.

27         (k)  The uniform traffic citation prepared by the

28  department under s. 316.650, Florida Statutes, may not be

29  issued for any violation for which a ticket is issued as

30  provided in this section.

31  

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1         (2)  The fine imposed pursuant to paragraph (1)(a) or

 2  paragraph (1)(g) shall be remitted to the Department of

 3  Revenue for distribution as follows:

 4         (a)  Sixty-five dollars of the fine amount shall be

 5  deposited into the Administrative Trust Fund of the Department

 6  of Health for distribution pursuant to s. 395.4036, Florida

 7  Statutes.

 8         (b)  The remaining $60 shall be distributed pursuant to

 9  s. 318.21(1) and (2), Florida Statutes.

10         (3)  A complaint that a county or municipality is

11  employing traffic infraction detectors for purposes other than

12  the promotion of public health, welfare, and safety or in a

13  manner inconsistent with this section may be submitted to the

14  governing board of such county or municipality. Such

15  complaints, along with any investigation and corrective action

16  taken by the county or municipal governing body, shall be

17  included in the annual report to the Department of Highway

18  Safety and Motor Vehicles and in the department's annual

19  summary report to the Governor, the President of the Senate,

20  and the Speaker of the House Representatives, as required by

21  this section. Based on its review of the report, the

22  Legislature may exclude a county or municipality from further

23  participation in the program.

24         (4)(a)  Each county or municipality that operates a

25  traffic infraction detector shall submit an annual report to

26  the Department of Highway Safety and Motor Vehicles which

27  details the results of using the traffic infraction detector

28  and the procedures for enforcement.

29         (b)  The Department of Highway Safety and Motor

30  Vehicles shall provide a summary report to the Governor, the

31  President of the Senate, and the Speaker of the House of

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  Representatives regarding the use and operation of traffic

 2  infraction detectors under s. 316.008, Florida Statutes. The

 3  summary report must include a review of the information

 4  submitted to the department by the counties and municipalities

 5  and must describe the enhancement of the traffic safety and

 6  enforcement programs. The department shall report its

 7  recommendations, including any necessary legislation, on or

 8  before December 1, 2008, to the Governor, the President of the

 9  Senate, and the Speaker of the House of Representatives.

10         Section 4.  Subsection (6) of section 316.0745, Florida

11  Statutes, is amended to read:

12         316.0745  Uniform signals and devices.--

13         (6)(a)  Any system of traffic control devices

14  controlled and operated from a remote location by electronic

15  computers or similar devices must shall meet all requirements

16  established for the uniform system, and, if where such a

17  system affects systems affect the movement of traffic on state

18  roads, the design of the system must shall be reviewed and

19  approved by the Department of Transportation.

20         (b)  Any traffic infraction detector deployed on the

21  streets and highways of the state must meet requirements

22  established by the Department of Transportation and must be

23  tested at regular intervals according to procedures prescribed

24  by that department.

25         Section 5.  Subsection (6) of section 316.1967, Florida

26  Statutes, reads:

27         316.1967  Liability for payment of parking ticket

28  violations and other parking violations.--

29         (6)  Any county or municipality may provide by

30  ordinance that the clerk of the court or the traffic

31  violations bureau shall supply the department with a

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  magnetically encoded computer tape reel or cartridge or send

 2  by other electronic means data which is machine readable by

 3  the installed computer system at the department, listing

 4  persons who have three or more outstanding parking violations,

 5  including violations of s. 316.1955. Each county shall provide

 6  by ordinance that the clerk of the court or the traffic

 7  violations bureau shall supply the department with a

 8  magnetically encoded computer tape reel or cartridge or send

 9  by other electronic means data that is machine readable by the

10  installed computer system at the department, listing persons

11  who have any outstanding violations of s. 316.1955 or any

12  similar local ordinance that regulates parking in spaces

13  designated for use by persons who have disabilities. The

14  department shall mark the appropriate registration records of

15  persons who are so reported. Section 320.03(8) applies to each

16  person whose name appears on the list.

17         Section 6.  Subsection (8) of section 320.03, Florida

18  Statutes, reads:

19         320.03  Registration; duties of tax collectors;

20  International Registration Plan.--

21         (8)  If the applicant's name appears on the list

22  referred to in s. 316.1001(4), s. 316.1967(6), or s.

23  713.78(13), a license plate or revalidation sticker may not be

24  issued until that person's name no longer appears on the list

25  or until the person presents a receipt from the clerk showing

26  that the fines outstanding have been paid. This subsection

27  does not apply to the owner of a leased vehicle if the vehicle

28  is registered in the name of the lessee of the vehicle. The

29  tax collector and the clerk of the court are each entitled to

30  receive monthly, as costs for implementing and administering

31  this subsection, 10 percent of the civil penalties and fines

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  recovered from such persons. As used in this subsection, the

 2  term "civil penalties and fines" does not include a wrecker

 3  operator's lien as described in s. 713.78(13). If the tax

 4  collector has private tag agents, such tag agents are entitled

 5  to receive a pro rata share of the amount paid to the tax

 6  collector, based upon the percentage of license plates and

 7  revalidation stickers issued by the tag agent compared to the

 8  total issued within the county. The authority of any private

 9  agent to issue license plates shall be revoked, after notice

10  and a hearing as provided in chapter 120, if he or she issues

11  any license plate or revalidation sticker contrary to the

12  provisions of this subsection. This section applies only to

13  the annual renewal in the owner's birth month of a motor

14  vehicle registration and does not apply to the transfer of a

15  registration of a motor vehicle sold by a motor vehicle dealer

16  licensed under this chapter, except for the transfer of

17  registrations which is inclusive of the annual renewals. This

18  section does not affect the issuance of the title to a motor

19  vehicle, notwithstanding s. 319.23(7)(b).

20         Section 7.  Section 322.264, Florida Statutes, is

21  amended to read:

22         322.264  "Habitual traffic offender" defined.--A

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

24  maintained by the Department of Highway Safety and Motor

25  Vehicles, shows that such person has accumulated the specified

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

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

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

29  within a 3-year period:

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

31  the following offenses arising out of separate acts:

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1         (a)  Voluntary or involuntary manslaughter resulting

 2  from the operation of a motor vehicle;

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

 4  or former s. 860.01;

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

 6  vehicle is used;

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

 8  is suspended or revoked;

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

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

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

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

13  her privilege is disqualified.

14         (2)  Fifteen convictions for moving traffic offenses

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

16  including those offenses in subsection (1).

17         (3)  Three convictions under s. 316.075 for a violation

18  of a traffic control signal steady red light indication.

19  

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

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

22  another state similar to a statutory prohibition specified in

23  subsection (1), or subsection (2), or subsection (3) shall be

24  counted as a violation of such prohibition. In computing the

25  number of convictions, all convictions during the 5 years

26  previous to July 1, 1972, will be used, provided at least one

27  conviction occurs after that date. In computing the number of

28  convictions for offenses listed in subsection (3), all

29  convictions during the 3 years previous to July 1, 2007, will

30  be used, provided at least one conviction occurs after that

31  date. The fact that previous convictions may have resulted in

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




 1  suspension, revocation, or disqualification under another

 2  section does not exempt them from being used for suspension or

 3  revocation under this section as a habitual offender.

 4         Section 8.  For the purpose of incorporating the

 5  amendment made by this act to section 322.264, Florida

 6  Statutes, in a reference thereto, subsection (5) of section

 7  322.27, Florida Statutes, is reenacted to read:

 8         322.27  Authority of department to suspend or revoke

 9  license.--

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

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

12  322.264, and such person shall not be eligible to be

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

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

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

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

17         Section 9.  For the purpose of incorporating the

18  amendment made by this act to section 322.264, Florida

19  Statutes, in references thereto, subsections (1), (2), and (5)

20  and paragraph (a) of subsection (8) of section 322.34, Florida

21  Statutes, are reenacted to read:

22         322.34  Driving while license suspended, revoked,

23  canceled, or disqualified.--

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

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

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

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

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

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

30  punishable as provided in chapter 318.

31  

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




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

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

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

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

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

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

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

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

 9  775.083.

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

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

12  775.083.

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

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

15  775.082, s. 775.083, or s. 775.084.

16  

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

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

19  admits to knowledge of the cancellation, suspension, or

20  revocation; or the person received notice as provided in

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

22  the knowledge requirement is satisfied if a judgment or order

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

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

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

26  financial responsibility violation.

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

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

29  motor vehicle upon the highways of this state while such

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

31  

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    Florida Senate - 2007                                  SB 2558
    21-1169-07                                              See HB




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

 2  775.084.

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

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

 5  privilege is suspended or revoked, the arresting officer shall

 6  determine:

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

 8  or revoked.

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

10  suspended or revoked since a conviction for the offense of

11  driving with a suspended or revoked license.

12         3.  Whether the suspension or revocation was made under

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

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

15  traffic offenders.

16         4.  Whether the driver is the registered owner or

17  coowner of the vehicle.

18         Section 10.  If any provision of this act or its

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

20  invalidity does not affect other provisions or applications of

21  this act which can be given effect without the invalid

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

23  this act are declared severable.

24         Section 11.  This act shall take effect upon becoming a

25  law.

26  

27  

28  

29  

30  

31  

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