| 1 | Representative Reagan offered the following: |
| 2 |
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| 3 | Amendment to Amendment (615905) (with title amendment) |
| 4 | Between lines 1988 and 1989, insert: |
| 5 | Section 48. Subsection (86) is added to section 316.003, |
| 6 | Florida Statutes, to read: |
| 7 | 316.003 Definitions.--The following words and phrases, |
| 8 | when used in this chapter, shall have the meanings respectively |
| 9 | ascribed to them in this section, except where the context |
| 10 | otherwise requires: |
| 11 | (86) TRAFFIC INFRACTION DETECTOR.--A device using a |
| 12 | vehicle sensor or sensors installed to work in conjunction with |
| 13 | a traffic control signal and a camera or cameras that are |
| 14 | synchronized to automatically record two or more sequenced |
| 15 | photographic or electronic images or streaming video of only the |
| 16 | rear of a motor vehicle at the time the vehicle fails to stop |
| 17 | behind the stop bar or clearly marked stop line when facing a |
| 18 | traffic control signal steady red light. |
| 19 | Section 49. Section 316.0083, Florida Statutes, as created |
| 20 | by this act, may be cited as the "Mark Wandall Traffic Safety |
| 21 | Program." |
| 22 | Section 50. Section 316.0083, Florida Statutes, is created |
| 23 | to read: |
| 24 | 316.0083 Regulation and use of cameras for enforcement of |
| 25 | provisions of this chapter.-- |
| 26 | (1) The regulation and use of cameras for enforcing the |
| 27 | provisions of this chapter are expressly preempted to the state. |
| 28 | (2) The department, the Department of Transportation, |
| 29 | counties, and municipalities may use traffic infraction |
| 30 | detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a |
| 31 | driver fails to stop at a traffic signal. |
| 32 | (3)(a) For purposes of administering this section, the |
| 33 | department, the Department of Transportation, counties, and |
| 34 | municipalities may by rule or ordinance authorize a traffic |
| 35 | infraction detector enforcement officer to issue a uniform |
| 36 | traffic citation for a violation of s. 316.074(1) or s. |
| 37 | 316.075(1)(c)1. If the driver of the motor vehicle receives a |
| 38 | uniform traffic citation for a violation of s. 316.074(1) or s. |
| 39 | 316.075(1)(c)1. issued by a law enforcement officer, then a |
| 40 | uniform traffic citation may not be issued by a traffic |
| 41 | infraction detector enforcement officer. The term "traffic |
| 42 | infraction detector enforcement officer" means the designee of |
| 43 | the department, the Department of Transportation, a county, or a |
| 44 | municipality who is authorized to enforce s. 316.074(1) or s. |
| 45 | 316.075(1)(c)1. when a driver fails to stop at a traffic signal. |
| 46 | The department, the Department of Transportation, counties, and |
| 47 | municipalities may designate traffic infraction detector |
| 48 | enforcement officers pursuant to s. 316.640(1). |
| 49 | (b) A citation issued under this section shall be issued |
| 50 | by mailing the citation by first-class mail or certified mail, |
| 51 | return receipt requested, to the address of the registered owner |
| 52 | of the motor vehicle involved in the violation. Mailing the |
| 53 | citation to this address constitutes notification. In the case |
| 54 | of joint ownership of a motor vehicle, the traffic citation |
| 55 | shall be mailed to the first name appearing on the registration, |
| 56 | unless the first name appearing on the registration is a |
| 57 | business organization, in which case the second name appearing |
| 58 | on the registration may be used. The citation must be mailed to |
| 59 | the registered owner of the motor vehicle involved in the |
| 60 | violation within 7 days after the date of the violation. Notice |
| 61 | of and instructions for accessing a secure website displaying a |
| 62 | 10-second video of the violation shall be provided with the |
| 63 | citation. |
| 64 | (c) The owner of the motor vehicle involved in the |
| 65 | violation is responsible and liable for paying the citation |
| 66 | issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 67 | when the driver failed to stop at a traffic signal, unless the |
| 68 | owner can establish that the motor vehicle was, at the time of |
| 69 | the violation, in the care, custody, or control of another |
| 70 | person. In order to establish such facts, the owner of the motor |
| 71 | vehicle shall, within 14 days after the date of issuance of the |
| 72 | citation, furnish to the appropriate governmental entity an |
| 73 | affidavit setting forth: |
| 74 | 1. The name, address, date of birth, and, if known, the |
| 75 | driver's license number of the person who leased, rented, or |
| 76 | otherwise had care, custody, or control of the motor vehicle at |
| 77 | the time of the alleged violation; |
| 78 | 2. If the vehicle was stolen at the time of the alleged |
| 79 | offense, the police report indicating that the vehicle was |
| 80 | stolen; or |
| 81 | 3. If a citation for a violation of s. 316.074(1) or s. |
| 82 | 316.075(1)(c)1. was issued at the location of the violation by a |
| 83 | law enforcement officer, the serial number of the uniform |
| 84 | traffic citation. |
| 85 | |
| 86 | Upon receipt of an affidavit, the person designated as having |
| 87 | care, custody, and control of the motor vehicle at the time of |
| 88 | the violation may be issued a citation for a violation of s. |
| 89 | 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop |
| 90 | at a traffic signal. The affidavit is admissible in a proceeding |
| 91 | pursuant to this section for the purpose of providing proof that |
| 92 | the person identified in the affidavit was in actual care, |
| 93 | custody, or control of the motor vehicle. The owner of a leased |
| 94 | vehicle for which a citation is issued for a violation of s. |
| 95 | 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop |
| 96 | at a traffic signal is not responsible for paying the citation |
| 97 | and is not required to submit an affidavit as specified in this |
| 98 | subsection if the motor vehicle involved in the violation is |
| 99 | registered in the name of the lessee of such motor vehicle. |
| 100 | (d) A written report of a traffic infraction detector |
| 101 | enforcement officer, along with photographic or electronic |
| 102 | images or streaming video evidence that a violation of s. |
| 103 | 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop |
| 104 | at a traffic signal has occurred, is admissible in any |
| 105 | proceeding to enforce this section and raises a rebuttable |
| 106 | presumption that the motor vehicle named in the report or shown |
| 107 | in the photographic or electronic images or streaming video |
| 108 | evidence was used in violation of s. 316.074(1) or s. |
| 109 | 316.075(1)(c)1. when the driver failed to stop at a traffic |
| 110 | signal. |
| 111 | (4) The submission of a false affidavit is a misdemeanor |
| 112 | of the second degree, punishable as provided in s. 775.082 or s. |
| 113 | 775.083. |
| 114 | (5) This section supplements the enforcement of s. |
| 115 | 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers |
| 116 | when a driver fails to stop at a traffic signal, and this |
| 117 | section does not prohibit a law enforcement officer from issuing |
| 118 | a citation for a violation of s. 316.074(1) or s. |
| 119 | 316.075(1)(c)1. when a driver fails to stop at a traffic signal |
| 120 | in accordance with normal traffic-enforcement techniques. |
| 121 | (6)(a) The Department of Transportation shall, on or |
| 122 | before October 1, 2008, adopt and publish minimum specifications |
| 123 | for the operation and implementation of traffic infraction |
| 124 | detectors on the streets and highways of the state. The minimum |
| 125 | specifications shall, insofar as is practicable, conform to the |
| 126 | Traffic Engineering Manual of the Department of Transportation |
| 127 | and shall be revised from time to time to include changes |
| 128 | necessary to conform to any uniform national system or to meet |
| 129 | local or state needs. The specifications shall include, but need |
| 130 | not be limited to, the size and purpose of stop bars, the |
| 131 | duration time of signal phases, signage and other public |
| 132 | awareness requirements, the amount of before and after |
| 133 | photographic or electronic imaging or streaming video needed, |
| 134 | yellow light duration time, and location of the rear tires in |
| 135 | relation to the stop bar. The Department of Transportation shall |
| 136 | require mandatory reporting of all accidents at the |
| 137 | intersections using traffic infraction detectors and shall |
| 138 | provide information relating to those accidents to the |
| 139 | Legislature by March 1, 2010. The Department of Transportation |
| 140 | may call upon representatives of local authorities to assist in |
| 141 | preparing or revising the uniform specifications of traffic |
| 142 | infraction detectors. |
| 143 | (b) All traffic infraction detectors operated or |
| 144 | implemented in this state by any public body or official must |
| 145 | conform to the specifications for operation and implementation |
| 146 | of traffic infraction detectors published by the Department of |
| 147 | Transportation pursuant to this subsection. |
| 148 | (c) A public body or official may not operate or implement |
| 149 | a traffic infraction detector in this state unless it conforms |
| 150 | to the specifications published by the Department of |
| 151 | Transportation. A public body may not sell a traffic infraction |
| 152 | detector to any nongovernmental entity or person. |
| 153 | (d) Before installing a traffic infraction detector at an |
| 154 | intersection, a Florida municipal, county, or Department of |
| 155 | Transportation traffic engineer must review and certify that all |
| 156 | other applicable safety-related engineering measures have been |
| 157 | considered. Any manufacturer or vendor that operates or |
| 158 | implements a traffic infraction detector without such |
| 159 | certification is ineligible to bid or furnish traffic infraction |
| 160 | detectors to any public body or official for such period of time |
| 161 | as may be established by the Department of Transportation; |
| 162 | however, such period of time may not be less than 1 year |
| 163 | following the date of notification of ineligibility. |
| 164 | (e) The Department of Transportation may, after a hearing |
| 165 | pursuant to 14 days' notice, direct the removal of any traffic |
| 166 | infraction detector wherever located which purportedly fails to |
| 167 | meet the specifications of this subsection. The public agency |
| 168 | operating or implementing a traffic infraction detector shall |
| 169 | immediately remove the traffic infraction detector upon the |
| 170 | direction of the Department of Transportation and may not, for a |
| 171 | period of 5 years, install any replacement traffic infraction |
| 172 | detector unless written prior approval is received from the |
| 173 | Department of Transportation. Any additional violation by a |
| 174 | public body or official is cause for withholding state funds for |
| 175 | traffic control purposes until such public body or official |
| 176 | demonstrates to the Department of Transportation that it is |
| 177 | complying with this subsection. |
| 178 | (f) The Department of Transportation may authorize the |
| 179 | installation of traffic infraction detectors that are not in |
| 180 | conformity with the published specifications upon a showing of |
| 181 | good cause. |
| 182 | (g) Any traffic infraction detector acquired under a |
| 183 | contract entered into by a county or municipality on or before |
| 184 | April 1, 2008, is not required to meet the specifications for |
| 185 | operation and implementation of traffic infraction detectors |
| 186 | published by the Department of Transportation pursuant to this |
| 187 | subsection until July 1, 2013. |
| 188 | (7) Any manufacturer or vendor desiring to bid for the |
| 189 | performance of operating or implementing a traffic infraction |
| 190 | detector must first be qualified by the Department of |
| 191 | Transportation and without such qualification is ineligible to |
| 192 | bid or furnish traffic infraction detectors to any public body |
| 193 | or official in this state. A manufacturer or vendor may not |
| 194 | receive a fee based upon the number of citations issued. |
| 195 | Section 51. Paragraph (b) of subsection (1) of section |
| 196 | 316.640, Florida Statutes, is amended to read: |
| 197 | 316.640 Enforcement.--The enforcement of the traffic laws |
| 198 | of this state is vested as follows: |
| 199 | (1) STATE.-- |
| 200 | (b)1. The Department of Transportation has authority to |
| 201 | enforce on all the streets and highways of this state all laws |
| 202 | applicable within its authority. |
| 203 | 2.a. The Department of Transportation shall develop |
| 204 | training and qualifications standards for toll enforcement |
| 205 | officers whose sole authority is to enforce the payment of tolls |
| 206 | pursuant to s. 316.1001. Nothing in this subparagraph shall be |
| 207 | construed to permit the carrying of firearms or other weapons, |
| 208 | nor shall a toll enforcement officer have arrest authority. |
| 209 | b. For the purpose of enforcing s. 316.1001, governmental |
| 210 | entities, as defined in s. 334.03, which own or operate a toll |
| 211 | facility may employ independent contractors or designate |
| 212 | employees as toll enforcement officers; however, any such toll |
| 213 | enforcement officer must successfully meet the training and |
| 214 | qualifications standards for toll enforcement officers |
| 215 | established by the Department of Transportation. |
| 216 | 3.a The Department of Transportation shall develop |
| 217 | training and qualifications standards for traffic infraction |
| 218 | detector enforcement officers whose sole authority is to enforce |
| 219 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop |
| 220 | at a traffic signal pursuant to s. 316.0083. This subparagraph |
| 221 | does not authorize the carrying of firearms or other weapons by |
| 222 | a traffic infraction enforcement officer and does not authorize |
| 223 | a traffic infraction detector enforcement officer to make |
| 224 | arrests. |
| 225 | b. For the purpose of enforcing s. 316.0083, the |
| 226 | department, the Department of Transportation, counties, and |
| 227 | municipalities may designate employees as traffic infraction |
| 228 | detector enforcement officers; however, any such traffic |
| 229 | infraction detector enforcement officer must successfully meet |
| 230 | the training and qualifications standards for traffic infraction |
| 231 | detector enforcement officers established by the Department of |
| 232 | Transportation. |
| 233 | Section 52. Subsection (15) of section 318.18, Florida |
| 234 | Statutes, is amended to read: |
| 235 | 318.18 Amount of penalties.--The penalties required for a |
| 236 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 237 | offense listed in s. 318.17 are as follows: |
| 238 | (15)(a) One hundred twenty-five dollars for a violation of |
| 239 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 240 | stop at a traffic signal and when enforced by a law enforcement |
| 241 | officer. Sixty dollars shall be distributed as provided in s. |
| 242 | 318.21, and the remaining $65 shall be remitted to the |
| 243 | Department of Revenue for deposit into the Administrative Trust |
| 244 | Fund of the Department of Health. |
| 245 | (b) Seventy dollars for each violation of s. 316.074(1) or |
| 246 | s. 316.075(1)(c)1. when a driver has failed to stop at a traffic |
| 247 | signal and when enforced by a traffic infraction detector |
| 248 | enforcement officer and, notwithstanding any other provision of |
| 249 | law, $60 shall be distributed in the same manner as the |
| 250 | applicable municipal or county parking ordinance, and the |
| 251 | remaining $10 shall be remitted to the Department of Revenue for |
| 252 | deposit into the Administrative Trust Fund of the Department of |
| 253 | Health and distributed pursuant to s. 395.4036. |
| 254 | |
| 255 | Except for s. 318.121 and 318.1215, no other fees may be charged |
| 256 | by any entity for a violation of s. 316.074(1) or s. |
| 257 | 316.075(1)(c)1. when enforced by a traffic infraction detector |
| 258 | enforcement officer. |
| 259 | Section 53. Paragraph (d) of subsection (3) of section |
| 260 | 322.27, Florida Statutes, is amended to read: |
| 261 | 322.27 Authority of department to suspend or revoke |
| 262 | license.-- |
| 263 | (3) There is established a point system for evaluation of |
| 264 | convictions of violations of motor vehicle laws or ordinances, |
| 265 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 266 | such violations involve the use of motor vehicles, for the |
| 267 | determination of the continuing qualification of any person to |
| 268 | operate a motor vehicle. The department is authorized to suspend |
| 269 | the license of any person upon showing of its records or other |
| 270 | good and sufficient evidence that the licensee has been |
| 271 | convicted of violation of motor vehicle laws or ordinances, or |
| 272 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 273 | more points as determined by the point system. The suspension |
| 274 | shall be for a period of not more than 1 year. |
| 275 | (d) The point system shall have as its basic element a |
| 276 | graduated scale of points assigning relative values to |
| 277 | convictions of the following violations: |
| 278 | 1. Reckless driving, willful and wanton--4 points. |
| 279 | 2. Leaving the scene of a crash resulting in property |
| 280 | damage of more than $50--6 points. |
| 281 | 3. Unlawful speed resulting in a crash--6 points. |
| 282 | 4. Passing a stopped school bus--4 points. |
| 283 | 5. Unlawful speed: |
| 284 | a. Not in excess of 15 miles per hour of lawful or posted |
| 285 | speed--3 points. |
| 286 | b. In excess of 15 miles per hour of lawful or posted |
| 287 | speed--4 points. |
| 288 | 6. A violation of a traffic control signal device as |
| 289 | provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. |
| 290 | However, no points shall be imposed for a violation of s. |
| 291 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 292 | stop at a traffic signal and when enforced by a traffic |
| 293 | infraction detector enforcement officer. |
| 294 | 7. All other moving violations (including parking on a |
| 295 | highway outside the limits of a municipality)--3 points. |
| 296 | However, no points shall be imposed for a violation of s. |
| 297 | 316.0741 or s. 316.2065(12). |
| 298 | 8. Any moving violation covered above, excluding unlawful |
| 299 | speed, resulting in a crash--4 points. |
| 300 | 9. Any conviction under s. 403.413(6)(b)--3 points. |
| 301 | 10. Any conviction under s. 316.0775(2)--4 points. |
| 302 | Section 54. The Department of Highway Safety and Motor |
| 303 | Vehicles and the Department of Transportation shall jointly |
| 304 | submit a report on the efficacy of traffic infraction detectors |
| 305 | in enhancing public safety to the Governor, the President of the |
| 306 | Senate, and the Speaker of the House of Representatives on or |
| 307 | before January 1, 2013. |
| 308 |
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| 312 | ----------------------------------------------------- |
| 313 | T I T L E A M E N D M E N T |
| 314 | Between lines 2171 and 2172, insert: |
| 315 | amending s. 316.003, F.S.; defining the term "traffic |
| 316 | infraction detector"; providing a short title; creating s. |
| 317 | 316.0083, F.S.; preempting to the state the use of cameras |
| 318 | to enforce traffic laws; authorizing the use of traffic |
| 319 | infraction detectors and traffic infraction detector |
| 320 | enforcement officers by the Department of Highway Safety |
| 321 | and Motor Vehicles, the Department of Transportation, |
| 322 | counties, and municipalities; providing requirements for |
| 323 | notifying a driver of the issuance of a citation; |
| 324 | providing that the owner of the motor vehicle involved in |
| 325 | a violation is responsible and liable for payment of the |
| 326 | fine assessed; providing exceptions; establishing |
| 327 | admissibility of evidence as a rebuttable presumption of a |
| 328 | violation; providing that submission of a false affidavit |
| 329 | constitutes a second-degree misdemeanor; requiring the |
| 330 | Department of Transportation to adopt and publish |
| 331 | specifications relating to the operation and |
| 332 | implementation of traffic infraction detectors; requiring |
| 333 | that the specifications conform to certain minimum |
| 334 | requirements; requiring the certification of a location by |
| 335 | a traffic engineer before a detector is installed; |
| 336 | authorizing the Department of Transportation to direct the |
| 337 | removal of a detector that fails to meet the required |
| 338 | specifications; authorizing the department to allow the |
| 339 | installation of a detector that does not conform to the |
| 340 | required specification upon a showing of good cause; |
| 341 | exempting certain existing traffic infraction detectors |
| 342 | from the requirements for meeting the department's |
| 343 | specifications for a specified period; requiring the |
| 344 | qualification of vendors by the Department of |
| 345 | Transportation; amending s. 316.640, F.S.; directing the |
| 346 | Department of Transportation to develop training and |
| 347 | qualifications for traffic infraction detector enforcement |
| 348 | officers; amending s. 318.18, F.S.; providing for |
| 349 | penalties and distribution of fines for failing to stop at |
| 350 | a traffic signal when such violation is enforced by a |
| 351 | traffic infraction detector enforcement officer; amending |
| 352 | s. 322.27, F.S.; prohibiting the imposition of points |
| 353 | against a violator's driver's license for infractions |
| 354 | enforced by a traffic infraction detector enforcement |
| 355 | officer; directing the Department of Highway Safety and |
| 356 | Motor Vehicles and the Department of Transportation to |
| 357 | jointly report the efficacy of traffic infraction |
| 358 | detectors on or before a specified date; |