1 | Representative Needelman offered the following: |
2 |
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3 | Amendment to Amendment (615905) (with title amendment) |
4 | Between lines 3 and 4, insert: |
5 | Section 1. 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 that uses a |
12 | vehicle sensor installed to work in conjunction with a traffic |
13 | control signal and a camera synchronized to automatically record |
14 | two or more sequenced photographic or electronic images or |
15 | streaming video of only the rear of a motor vehicle at the time |
16 | the vehicle fails to stop behind the stop bar or clearly marked |
17 | stop line when facing a traffic control signal steady red light. |
18 | Any citation issued by the use of a traffic infraction detector |
19 | must include a photograph showing both the license tag of the |
20 | offending vehicle and the traffic control device being violated. |
21 | Section 2. Section 316.0083, Florida Statutes, is created |
22 | to read: |
23 | 316.0083 Mark Wandall Traffic Safety Program; |
24 | administration; report.-- |
25 | (1) There is created the Mark Wandall Traffic Safety |
26 | Program governing the operation of traffic infraction detectors. |
27 | The program shall be administered by the Department of Highway |
28 | Safety and Motor Vehicles and shall include the following |
29 | provisions: |
30 | (a) In order to use a traffic infraction detector, a |
31 | county or municipality must enact an ordinance that provides for |
32 | the use of a traffic infraction detector to enforce s. |
33 | 316.075(1)(c), which requires the driver of a vehicle to stop |
34 | the vehicle when facing a traffic control signal steady red |
35 | light on the streets and highways under the jurisdiction of the |
36 | county or municipality. A county or municipality that operates a |
37 | traffic infraction detector must authorize a traffic infraction |
38 | enforcement officer to issue a ticket for a violation of s. |
39 | 316.075(1)(c) and to enforce the payment of tickets for such |
40 | violation. This paragraph does not authorize a traffic |
41 | infraction enforcement officer to carry a firearm or other |
42 | weapon and does not authorize such an officer to make arrests. |
43 | The ordinance must require signs to be posted at locations |
44 | designated by the county or municipality providing notification |
45 | that a traffic infraction detector may be in use. Such signage |
46 | must conform to the standards and requirements adopted by the |
47 | Department of Transportation under s. 316.0745. The ordinance |
48 | must also require that the county or municipality make a public |
49 | announcement and conduct a public awareness campaign of the |
50 | proposed use of traffic infraction detectors at least 30 days |
51 | before commencing the enforcement program. In addition, the |
52 | ordinance must establish a fine of $125 to be assessed against |
53 | the registered owner of a motor vehicle that fails to stop when |
54 | facing a traffic control signal steady red light as determined |
55 | through the use of a traffic infraction detector. Any other |
56 | provision of law to the contrary notwithstanding, an additional |
57 | surcharge, fee, or cost may not be added to the civil penalty |
58 | authorized by this paragraph. |
59 | (b) When responding to an emergency call, an emergency |
60 | vehicle is exempt from any ordinance enacted under this section. |
61 | (c) A county or municipality must adopt an ordinance under |
62 | this section that provides for the use of a traffic infraction |
63 | detector in order to impose a fine on the registered owner of a |
64 | motor vehicle for a violation of s. 316.075(1)(c). The fine |
65 | shall be imposed in the same manner and is subject to the same |
66 | limitations as provided for parking violations under s. |
67 | 316.1967. Except as specifically provided in this section, |
68 | chapter 318 and s. 322.27 do not apply to a violation of s. |
69 | 316.075(1)(c) for which a ticket has been issued under an |
70 | ordinance enacted pursuant to this section. Enforcement of a |
71 | ticket issued under the ordinance is not a conviction of the |
72 | operator of the motor vehicle, may not be made a part of the |
73 | driving record of the operator, and may not be used for purposes |
74 | of setting motor vehicle insurance rates. Points under s. 322.27 |
75 | may not be assessed based upon such enforcement. |
76 | (d) The procedures set forth in s. 316.1967(2)-(5) apply |
77 | to an ordinance enacted pursuant to this section, except that |
78 | the ticket must contain the name and address of the person |
79 | alleged to be liable as the registered owner of the motor |
80 | vehicle involved in the violation, the registration number of |
81 | the motor vehicle, the violation charged, a copy of the recorded |
82 | images, the location where the violation occurred, the date and |
83 | time of the violation, information that identifies the device |
84 | that recorded the violation, and a signed statement by a |
85 | specifically trained technician employed by the agency or its |
86 | contractor that, based on inspection of recorded images, the |
87 | motor vehicle was being operated in violation of s. |
88 | 316.075(1)(c). The ticket must advise the registered owner of |
89 | the motor vehicle involved in the violation of the amount of the |
90 | fine, the date by which the fine must be paid, and the procedure |
91 | for contesting the violation alleged in the ticket. The ticket |
92 | must contain a warning that failure to contest the violation in |
93 | the manner and time provided is deemed an admission of the |
94 | liability and that a default may be entered thereon. The |
95 | violation shall be processed by the county or municipality that |
96 | has jurisdiction over the street or highway where the violation |
97 | occurred or by any entity authorized by the county or |
98 | municipality to prepare and mail the ticket. |
99 | (e) The ticket shall be sent by first-class mail addressed |
100 | to the registered owner of the motor vehicle and postmarked no |
101 | later than 14 days after the date of the violation. |
102 | (f)1. The registered owner of the motor vehicle involved |
103 | in a violation is responsible and liable for payment of the fine |
104 | assessed pursuant to this section unless the owner can establish |
105 | that: |
106 | a. The motor vehicle passed through the intersection in |
107 | order to yield right-of-way to an emergency vehicle or as part |
108 | of a funeral procession; |
109 | b. The motor vehicle passed through the intersection at |
110 | the direction of a law enforcement officer; |
111 | c. The motor vehicle was stolen at the time of the alleged |
112 | violation; or |
113 | d. A uniform traffic citation was issued to the driver of |
114 | the motor vehicle for the alleged violation of s. 316.075(1)(c). |
115 | 2. In order to establish any such fact, the registered |
116 | owner of the vehicle must, within 20 days after receipt of |
117 | notification of the alleged violation, furnish to the county or |
118 | municipality, as appropriate, an affidavit that sets forth |
119 | detailed information supporting an exemption as provided in sub- |
120 | subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c., |
121 | or sub-subparagraph 1.d. For an exemption under sub-subparagraph |
122 | 1.c., the affidavit must set forth that the vehicle was stolen |
123 | and be accompanied by a copy of the police report indicating |
124 | that the vehicle was stolen at the time of the alleged |
125 | violation. For an exemption under sub-subparagraph 1.d., the |
126 | affidavit must set forth that a citation was issued and be |
127 | accompanied by a copy of the citation indicating the time of the |
128 | alleged violation and the location of the intersection where it |
129 | occurred. |
130 | (g) A person may contest the determination that such |
131 | person failed to stop at a traffic control signal steady red |
132 | light as evidenced by a traffic infraction detector by electing |
133 | to appear before any judge authorized by law to preside over a |
134 | court hearing that adjudicates traffic infractions. A person who |
135 | elects to appear before the court to present evidence is deemed |
136 | to have waived the limitation of civil penalties imposed for the |
137 | violation. The court, after hearing, shall determine whether the |
138 | violation was committed and may impose a civil penalty not to |
139 | exceed $125 plus costs. The court may take appropriate measures |
140 | to enforce collection of any penalty not paid within the time |
141 | permitted by the court. |
142 | (h) A certificate sworn to or affirmed by a person |
143 | authorized under this section who is employed by or under |
144 | contract with the county or municipality where the infraction |
145 | occurred, or a facsimile thereof that is based upon inspection |
146 | of photographs or other recorded images produced by a traffic |
147 | infraction detector, is prima facie evidence of the facts |
148 | contained in the certificate. A photograph or other recorded |
149 | image evidencing a violation of s. 316.075(1)(c) must be |
150 | available for inspection in any proceeding to adjudicate |
151 | liability under an ordinance enacted pursuant to this section. |
152 | (i) In any county or municipality in which tickets are |
153 | issued as provided in this section, the names of persons who |
154 | have one or more outstanding violations may be included on the |
155 | list authorized under s. 316.1967(6). |
156 | (j) If the driver of the motor vehicle received a citation |
157 | from a traffic enforcement officer at the time of the violation, |
158 | a ticket may not be issued pursuant to this section. |
159 | (k) Before placing any traffic infraction detector at an |
160 | intersection, the operational settings of the traffic control |
161 | signal must be calibrated in accordance with the Institute of |
162 | Traffic Engineers Calculations which provides reaction time and |
163 | stopping time and clearance time included in yellow time plus an |
164 | all red time of 2 seconds. |
165 | (2) The fine imposed pursuant to paragraph (1)(a) or |
166 | paragraph (1)(g) shall be retained by the county or municipality |
167 | enforcing the ordinance enacted pursuant to this section. |
168 | (3) A complaint that a county or municipality is employing |
169 | traffic infraction detectors for purposes other than the |
170 | promotion of public health, welfare, and safety or in a manner |
171 | inconsistent with this section may be submitted to the governing |
172 | body of such county or municipality. Such complaints, along with |
173 | any investigation and corrective action taken by the county or |
174 | municipal governing body, shall be included in the annual report |
175 | to the department and in the department's annual summary report |
176 | to the Governor, the President of the Senate, and the Speaker of |
177 | the House Representatives, as required by this section. Based on |
178 | its review of the report, the Legislature may exclude a county |
179 | or municipality from further participation in the program. |
180 | (4)(a) Each county or municipality that operates a traffic |
181 | infraction detector shall submit an annual report to the |
182 | department that details the results of using the traffic |
183 | infraction detector and the procedures for enforcement. |
184 | (b) The department shall provide an annual summary report |
185 | to the Governor, the President of the Senate, and the Speaker of |
186 | the House of Representatives regarding the use and operation of |
187 | traffic infraction detectors under this section. The summary |
188 | report must include a review of the information submitted to the |
189 | department by the counties and municipalities and must describe |
190 | the enhancement of the traffic safety and enforcement programs. |
191 | The department shall report its recommendations, including any |
192 | necessary legislation, on or before December 1, 2009, to the |
193 | Governor, the President of the Senate, and the Speaker of the |
194 | House of Representatives. |
195 |
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196 | ----------------------------------------------------- |
197 | T I T L E A M E N D M E N T |
198 | Remove line 2000 and insert: |
199 | Motor Vehicles; amending s. 316.003, F.S.; defining the term |
200 | "traffic infraction detector"; creating s. 316.0083, F.S.; |
201 | creating the Mark Wandall Traffic Safety Program to be |
202 | administered by the Department of Highway Safety and Motor |
203 | Vehicles; requiring a county or municipality to enact an |
204 | ordinance in order to use a traffic infraction detector to |
205 | identify a motor vehicle that fails to stop at a traffic control |
206 | signal steady red light; requiring authorization of a traffic |
207 | infraction enforcement officer to issue and enforce a ticket for |
208 | such violation; requiring signage; requiring certain public |
209 | awareness procedures; requiring the ordinance to establish a |
210 | fine of a certain amount; prohibiting additional charges; |
211 | exempting emergency vehicles; providing that the registered |
212 | owner of the motor vehicle involved in the violation is |
213 | responsible and liable for payment of the fine assessed; |
214 | providing exceptions; providing procedures for disposition and |
215 | enforcement of tickets; requiring certain traffic control signal |
216 | operational settings; providing for disposition of revenue; |
217 | providing complaint procedures; providing for the Legislature to |
218 | exclude a county or municipality from the program; requiring |
219 | reports from participating municipalities and counties to the |
220 | department; requiring the department to make reports to the |
221 | Governor and the Legislature; amending s. 316.0741, F.S.; |
222 | redefining the |
223 |
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