| 1 | Representative Needelman 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 that uses a |
| 12 | vehicle sensor installed to work in conjunction with a traffic |
| 13 | control signal and one or more cameras synchronized to |
| 14 | automatically record two or more sequenced photographic or |
| 15 | electronic images or streaming video of the driver and the rear |
| 16 | of a motor vehicle at the time the vehicle fails to stop behind |
| 17 | the stop bar or clearly marked stop line when facing a traffic |
| 18 | control signal steady red light. Any citation issued by the use |
| 19 | of a traffic infraction detector must include photographs or |
| 20 | images showing the driver and license tag of the offending |
| 21 | vehicle and the traffic control device being violated. |
| 22 | Section 49. Section 316.0083, Florida Statutes, is created |
| 23 | to read: |
| 24 | 316.0083 Mark Wandall Traffic Safety Program; |
| 25 | administration; report.-- |
| 26 | (1) There is created the Mark Wandall Traffic Safety |
| 27 | Program governing the operation of traffic infraction detectors. |
| 28 | The program shall be administered by the Department of Highway |
| 29 | Safety and Motor Vehicles and shall include the following |
| 30 | provisions: |
| 31 | (a) In order to use a traffic infraction detector, a |
| 32 | county or municipality must enact an ordinance that provides for |
| 33 | the use of a traffic infraction detector to enforce s. |
| 34 | 316.075(1)(c), which requires the driver of a vehicle to stop |
| 35 | the vehicle when facing a traffic control signal steady red |
| 36 | light on the streets and highways under the jurisdiction of the |
| 37 | county or municipality. A county or municipality that operates a |
| 38 | traffic infraction detector must authorize a traffic infraction |
| 39 | enforcement officer to issue a ticket for a violation of s. |
| 40 | 316.075(1)(c) and to enforce the payment of tickets for such |
| 41 | violation. This paragraph does not authorize a traffic |
| 42 | infraction enforcement officer to carry a firearm or other |
| 43 | weapon and does not authorize such an officer to make arrests. |
| 44 | The ordinance must require signs to be posted at locations |
| 45 | designated by the county or municipality providing notification |
| 46 | that a traffic infraction detector may be in use. Such signage |
| 47 | must conform to the standards and requirements adopted by the |
| 48 | Department of Transportation under s. 316.0745. The ordinance |
| 49 | must also require that the county or municipality make a public |
| 50 | announcement and conduct a public awareness campaign of the |
| 51 | proposed use of traffic infraction detectors at least 30 days |
| 52 | before commencing the enforcement program. In addition, the |
| 53 | ordinance must establish a fine of $125 to be assessed against |
| 54 | the registered owner driving or in actual physical control of a |
| 55 | motor vehicle that fails to stop when facing a traffic control |
| 56 | signal steady red light as determined through the use of a |
| 57 | traffic infraction detector. Any other provision of law to the |
| 58 | contrary notwithstanding, an additional surcharge, fee, or cost |
| 59 | may not be added to the civil penalty authorized by this |
| 60 | paragraph. |
| 61 | (b) When responding to an emergency call, an emergency |
| 62 | vehicle is exempt from any ordinance enacted under this section. |
| 63 | (c) A county or municipality must adopt an ordinance under |
| 64 | this section that provides for the use of a traffic infraction |
| 65 | detector in order to impose a fine on the registered owner of a |
| 66 | motor vehicle for a violation of s. 316.075(1)(c). The fine |
| 67 | shall be imposed in the same manner and is subject to the same |
| 68 | limitations as provided for parking violations under s. |
| 69 | 316.1967. Except as specifically provided in this section, |
| 70 | chapter 318 and s. 322.27 do not apply to a violation of s. |
| 71 | 316.075(1)(c) for which a ticket has been issued under an |
| 72 | ordinance enacted pursuant to this section. Enforcement of a |
| 73 | ticket issued under the ordinance is not a conviction of the |
| 74 | operator of the motor vehicle, may not be made a part of the |
| 75 | driving record of the operator, and may not be used for purposes |
| 76 | of setting motor vehicle insurance rates. Points under s. 322.27 |
| 77 | may not be assessed based upon such enforcement. |
| 78 | (d) The procedures set forth in s. 316.1967(2)-(5) apply |
| 79 | to an ordinance enacted pursuant to this section, except that |
| 80 | the ticket must contain the name and address of the person |
| 81 | alleged to be liable as the registered owner of the motor |
| 82 | vehicle involved in the violation, the registration number of |
| 83 | the motor vehicle, the violation charged, a copy of the recorded |
| 84 | images, the location where the violation occurred, the date and |
| 85 | time of the violation, information that identifies the device |
| 86 | that recorded the violation, and a signed statement by a |
| 87 | specifically trained technician employed by the agency or its |
| 88 | contractor that, based on inspection of recorded images, the |
| 89 | motor vehicle was being operated in violation of s. |
| 90 | 316.075(1)(c). The ticket must advise the registered owner of |
| 91 | the motor vehicle involved in the violation of the amount of the |
| 92 | fine, the date by which the fine must be paid, and the procedure |
| 93 | for contesting the violation alleged in the ticket. The ticket |
| 94 | must contain a warning that failure to contest the violation in |
| 95 | the manner and time provided is deemed an admission of the |
| 96 | liability and that a default may be entered thereon. The |
| 97 | violation shall be processed by the county or municipality that |
| 98 | has jurisdiction over the street or highway where the violation |
| 99 | occurred or by any entity authorized by the county or |
| 100 | municipality to prepare and mail the ticket. |
| 101 | (e) The ticket shall be sent by first-class mail addressed |
| 102 | to the registered owner of the motor vehicle and postmarked no |
| 103 | later than 14 days after the date of the violation. |
| 104 | (f)1. The registered owner of the motor vehicle involved |
| 105 | in a violation is responsible and liable for payment of the fine |
| 106 | assessed pursuant to this section unless the owner can establish |
| 107 | that: |
| 108 | a. The motor vehicle passed through the intersection in |
| 109 | order to yield right-of-way to an emergency vehicle or as part |
| 110 | of a funeral procession; |
| 111 | b. The motor vehicle passed through the intersection at |
| 112 | the direction of a law enforcement officer; |
| 113 | c. The motor vehicle was stolen at the time of the alleged |
| 114 | violation; |
| 115 | d. A uniform traffic citation was issued to the driver of |
| 116 | the motor vehicle for the alleged violation of s. 316.075(1)(c); |
| 117 | or |
| 118 | e. Someone other than the registered owner was driving or |
| 119 | in actual physical control of the motor vehicle at the time of |
| 120 | the alleged violation. |
| 121 | 2. In order to establish any such fact, the registered |
| 122 | owner of the vehicle must, within 20 days after receipt of |
| 123 | notification of the alleged violation, furnish to the county or |
| 124 | municipality, as appropriate, an affidavit that sets forth |
| 125 | detailed information supporting an exemption as provided in |
| 126 | subparagraph 1. For an exemption under sub-subparagraph 1.c., |
| 127 | the affidavit must set forth that the vehicle was stolen and be |
| 128 | accompanied by a copy of the police report indicating that the |
| 129 | vehicle was stolen at the time of the alleged violation. For an |
| 130 | exemption under sub-subparagraph 1.d., the affidavit must set |
| 131 | forth that a citation was issued and be accompanied by a copy of |
| 132 | the citation indicating the time of the alleged violation and |
| 133 | the location of the intersection where it occurred. |
| 134 | (g) A person may contest the determination that such |
| 135 | person failed to stop at a traffic control signal steady red |
| 136 | light as evidenced by a traffic infraction detector by electing |
| 137 | to appear before any judge authorized by law to preside over a |
| 138 | court hearing that adjudicates traffic infractions. A person who |
| 139 | elects to appear before the court to present evidence is deemed |
| 140 | to have waived the limitation of civil penalties imposed for the |
| 141 | violation. The court, after hearing, shall determine whether the |
| 142 | violation was committed and may impose a civil penalty not to |
| 143 | exceed $125 plus costs. The court may take appropriate measures |
| 144 | to enforce collection of any penalty not paid within the time |
| 145 | permitted by the court. |
| 146 | (h) A certificate sworn to or affirmed by a person |
| 147 | authorized under this section who is employed by or under |
| 148 | contract with the county or municipality where the infraction |
| 149 | occurred, or a facsimile thereof that is based upon inspection |
| 150 | of photographs or other recorded images produced by a traffic |
| 151 | infraction detector, is prima facie evidence of the facts |
| 152 | contained in the certificate. A photograph or other recorded |
| 153 | image evidencing a violation of s. 316.075(1)(c) must be |
| 154 | available for inspection in any proceeding to adjudicate |
| 155 | liability under an ordinance enacted pursuant to this section, |
| 156 | and the court must be able to clearly and unmistakably identify |
| 157 | the driver in the image as the registered owner of the motor |
| 158 | vehicle. |
| 159 | (i) In any county or municipality in which tickets are |
| 160 | issued as provided in this section, the names of persons who |
| 161 | have one or more outstanding violations may be included on the |
| 162 | list authorized under s. 316.1967(6). |
| 163 | (j) If the driver of the motor vehicle received a citation |
| 164 | from a traffic enforcement officer at the time of the violation, |
| 165 | a ticket may not be issued pursuant to this section. |
| 166 | (k) The penalty of $125 established under paragraph (a) |
| 167 | shall be assessed on a graduated scale as follows: |
| 168 | 1. For a first offense, a warning shall be issued. |
| 169 | 2. For a second offense, a fine of $41.67 shall be |
| 170 | assessed. |
| 171 | 3. For a third offense, a fine of $83.34 shall be |
| 172 | assessed. |
| 173 | 4. For a fourth or subsequent offense, a fine of $125 |
| 174 | shall be assessed. |
| 175 | (2) To cover administrative and maintenance costs, 5 |
| 176 | percent of the proceeds from the fines imposed under subsection |
| 177 | (1) shall be retained by the county or municipality enforcing |
| 178 | the ordinance enacted pursuant to this section. The remaining |
| 179 | proceeds from such fines shall be remitted to the Department of |
| 180 | Revenue for deposit into the Brain and Spinal Cord Injury |
| 181 | Program Trust Fund to be used as provided in s. 381.79. |
| 182 | (3)(a) A traffic infraction detector used in this state |
| 183 | must be owned and operated by a county or municipality to carry |
| 184 | out enforcement under subsection (1). |
| 185 | (b) A county or municipality may not enter into any |
| 186 | contract which authorizes or pledges a portion of the fines |
| 187 | collected under subsection (1) as payment for any traffic |
| 188 | infraction detector or for any services or equipment used to |
| 189 | implement or operate traffic infraction detectors or to carry |
| 190 | out enforcement pursuant to traffic infraction detectors under |
| 191 | subsection (1). |
| 192 | (4) A complaint that a county or municipality is employing |
| 193 | traffic infraction detectors for purposes other than the |
| 194 | promotion of public health, welfare, and safety or in a manner |
| 195 | inconsistent with this section may be submitted to the governing |
| 196 | body of such county or municipality. Such complaints, along with |
| 197 | any investigation and corrective action taken by the county or |
| 198 | municipal governing body, shall be included in the annual report |
| 199 | to the department and in the department's annual summary report |
| 200 | to the Governor, the President of the Senate, and the Speaker of |
| 201 | the House Representatives, as required by this section. Based on |
| 202 | its review of the report, the Legislature may exclude a county |
| 203 | or municipality from further participation in the program. |
| 204 | (5)(a) Each county or municipality that operates a traffic |
| 205 | infraction detector shall submit an annual report to the |
| 206 | department that details the results of using the traffic |
| 207 | infraction detector and the procedures for enforcement. |
| 208 | (b) The department shall provide an annual summary report |
| 209 | to the Governor, the President of the Senate, and the Speaker of |
| 210 | the House of Representatives regarding the use and operation of |
| 211 | traffic infraction detectors under this section. The summary |
| 212 | report must include a review of the information submitted to the |
| 213 | department by the counties and municipalities and must describe |
| 214 | the enhancement of the traffic safety and enforcement programs. |
| 215 | The department shall report its recommendations, including any |
| 216 | necessary legislation, on or before December 1, 2009, to the |
| 217 | Governor, the President of the Senate, and the Speaker of the |
| 218 | House of Representatives. |
| 219 |
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| 220 | ----------------------------------------------------- |
| 221 | T I T L E A M E N D M E N T |
| 222 | Between lines 2171 and 2172, insert: |
| 223 | amending s. 316.003, F.S.; defining the term "traffic infraction |
| 224 | detector"; creating s. 316.0083, F.S.; creating the Mark Wandall |
| 225 | Traffic Safety Program to be administered by the Department of |
| 226 | Highway Safety and Motor Vehicles; requiring a county or |
| 227 | municipality to enact an ordinance in order to use a traffic |
| 228 | infraction detector to identify a motor vehicle that fails to |
| 229 | stop at a traffic control signal steady red light; requiring |
| 230 | authorization of a traffic infraction enforcement officer to |
| 231 | issue and enforce a ticket for such violation; requiring |
| 232 | signage; requiring certain public awareness procedures; |
| 233 | requiring the ordinance to establish a fine of a certain amount; |
| 234 | prohibiting additional charges; exempting emergency vehicles; |
| 235 | providing that the registered owner driving of in actual |
| 236 | physical control of the motor vehicle involved in the violation |
| 237 | is responsible and liable for payment of the fine assessed; |
| 238 | providing exceptions; providing procedures for disposition and |
| 239 | enforcement of tickets; providing for an incremental assessment |
| 240 | of the fine; providing for disposition of revenue; requiring |
| 241 | traffic infraction detectors be owned and operated by a county |
| 242 | or municipality; prohibiting use of fines collected as payment |
| 243 | for such detectors or related equipment and services; providing |
| 244 | complaint procedures; providing for the Legislature to exclude a |
| 245 | county or municipality from the program; requiring reports from |
| 246 | participating municipalities and counties to the department; |
| 247 | requiring the department to make reports to the Governor and the |
| 248 | Legislature; |