| 1 | Representative Reagan offered the following: |
| 2 |
|
| 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 or a law enforcement |
| 36 | officer as defined in s. 943.10(1) to issue a uniform traffic |
| 37 | citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 38 | If the driver of the motor vehicle receives a uniform traffic |
| 39 | citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 40 | issued by a law enforcement officer, then a uniform traffic |
| 41 | citation may not be issued by a traffic infraction detector |
| 42 | enforcement officer. The term "traffic infraction detector |
| 43 | enforcement officer" means the designee of the department, the |
| 44 | Department of Transportation, a county, or a municipality who is |
| 45 | authorized to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a |
| 46 | driver fails to stop at a traffic signal. The department, the |
| 47 | Department of Transportation, counties, and municipalities may |
| 48 | designate traffic infraction detector enforcement officers |
| 49 | pursuant to s. 316.640(1). |
| 50 | (b) A citation issued under this section shall be issued |
| 51 | by mailing the citation by first-class mail or certified mail, |
| 52 | return receipt requested, to the address of the registered owner |
| 53 | of the motor vehicle involved in the violation. Mailing the |
| 54 | citation to this address constitutes notification. In the case |
| 55 | of joint ownership of a motor vehicle, the traffic citation |
| 56 | shall be mailed to the first name appearing on the registration, |
| 57 | unless the first name appearing on the registration is a |
| 58 | business organization, in which case the second name appearing |
| 59 | on the registration may be used. The citation must be mailed to |
| 60 | the registered owner of the motor vehicle involved in the |
| 61 | violation within 7 days after the date of the violation. Notice |
| 62 | of and instructions for accessing a secure website displaying a |
| 63 | 10-second video of the violation shall be provided with the |
| 64 | citation. |
| 65 | (c) The owner of the motor vehicle involved in the |
| 66 | violation is responsible and liable for paying the citation |
| 67 | issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 68 | when the driver failed to stop at a traffic signal, unless the |
| 69 | owner can establish that the motor vehicle was, at the time of |
| 70 | the violation, in the care, custody, or control of another |
| 71 | person. In order to establish such facts, the owner of the motor |
| 72 | vehicle shall, within 14 days after the date of issuance of the |
| 73 | citation, furnish to the appropriate governmental entity an |
| 74 | affidavit setting forth: |
| 75 | 1. The name, address, date of birth, and, if known, the |
| 76 | driver's license number of the person who leased, rented, or |
| 77 | otherwise had care, custody, or control of the motor vehicle at |
| 78 | the time of the alleged violation; |
| 79 | 2. If the vehicle was stolen at the time of the alleged |
| 80 | offense, the police report indicating that the vehicle was |
| 81 | stolen; or |
| 82 | 3. If a citation for a violation of s. 316.074(1) or s. |
| 83 | 316.075(1)(c)1. was issued at the location of the violation by a |
| 84 | law enforcement officer, the serial number of the uniform |
| 85 | traffic citation. |
| 86 | |
| 87 | Upon receipt of an affidavit, the person designated as having |
| 88 | care, custody, and control of the motor vehicle at the time of |
| 89 | the violation may be issued a citation for a violation of s. |
| 90 | 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop |
| 91 | at a traffic signal. The affidavit is admissible in a proceeding |
| 92 | pursuant to this section for the purpose of providing proof that |
| 93 | the person identified in the affidavit was in actual care, |
| 94 | custody, or control of the motor vehicle. The owner of a leased |
| 95 | vehicle for which a citation is issued for a violation of s. |
| 96 | 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop |
| 97 | at a traffic signal is not responsible for paying the citation |
| 98 | and is not required to submit an affidavit as specified in this |
| 99 | subsection if the motor vehicle involved in the violation is |
| 100 | registered in the name of the lessee of such motor vehicle. |
| 101 | (d) A written report of a traffic infraction detector |
| 102 | enforcement officer, along with photographic or electronic |
| 103 | images or streaming video evidence that a violation of s. |
| 104 | 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop |
| 105 | at a traffic signal has occurred, is admissible in any |
| 106 | proceeding to enforce this section and raises a rebuttable |
| 107 | presumption that the motor vehicle named in the report or shown |
| 108 | in the photographic or electronic images or streaming video |
| 109 | evidence was used in violation of s. 316.074(1) or s. |
| 110 | 316.075(1)(c)1. when the driver failed to stop at a traffic |
| 111 | signal. |
| 112 | (4) The submission of a false affidavit is a misdemeanor |
| 113 | of the second degree, punishable as provided in s. 775.082 or s. |
| 114 | 775.083. |
| 115 | (5) This section supplements the enforcement of s. |
| 116 | 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers |
| 117 | when a driver fails to stop at a traffic signal, and this |
| 118 | section does not prohibit a law enforcement officer from issuing |
| 119 | a citation for a violation of s. 316.074(1) or s. |
| 120 | 316.075(1)(c)1. when a driver fails to stop at a traffic signal |
| 121 | in accordance with normal traffic-enforcement techniques. |
| 122 | (6)(a) The Department of Transportation shall, on or |
| 123 | before October 1, 2008, adopt and publish minimum specifications |
| 124 | for the operation and implementation of traffic infraction |
| 125 | detectors on the streets and highways of the state. The minimum |
| 126 | specifications shall, insofar as is practicable, conform to the |
| 127 | Traffic Engineering Manual of the Department of Transportation |
| 128 | and shall be revised from time to time to include changes |
| 129 | necessary to conform to any uniform national system or to meet |
| 130 | local or state needs. The specifications shall include, but need |
| 131 | not be limited to, the size and purpose of stop bars, the |
| 132 | duration time of signal phases, signage and other public |
| 133 | awareness requirements, the amount of before and after |
| 134 | photographic or electronic imaging or streaming video needed, |
| 135 | yellow light duration time, and location of the rear tires in |
| 136 | relation to the stop bar. The Department of Transportation shall |
| 137 | require mandatory reporting of all accidents at the |
| 138 | intersections using traffic infraction detectors and shall |
| 139 | provide information relating to those accidents to the |
| 140 | Legislature by March 1, 2010. The Department of Transportation |
| 141 | may call upon representatives of local authorities to assist in |
| 142 | preparing or revising the uniform specifications of traffic |
| 143 | infraction detectors. |
| 144 | (b) All traffic infraction detectors operated or |
| 145 | implemented in this state by any public body or official must |
| 146 | conform to the specifications for operation and implementation |
| 147 | of traffic infraction detectors published by the Department of |
| 148 | Transportation pursuant to this subsection. |
| 149 | (c) A public body or official may not operate or implement |
| 150 | a traffic infraction detector in this state unless it conforms |
| 151 | to the specifications published by the Department of |
| 152 | Transportation. A public body may not sell a traffic infraction |
| 153 | detector to any nongovernmental entity or person. |
| 154 | (d) Before installing a traffic infraction detector at an |
| 155 | intersection, a municipality, county, or Department of |
| 156 | Transportation traffic engineer must review and certify that all |
| 157 | other applicable safety-related engineering measures have been |
| 158 | considered. Unless the manufacturer or vendor is furnishing the |
| 159 | traffic infraction detectors to a county or municipality |
| 160 | pursuant to a contract entered into on or before April 1, 2008, |
| 161 | any manufacturer or vendor that operates or implements a traffic |
| 162 | infraction detector without such certification is ineligible to |
| 163 | bid or furnish traffic infraction detectors to any public body |
| 164 | or official for such period of time as may be established by the |
| 165 | Department of Transportation; however, such period of time may |
| 166 | not be less than 1 year following the date of notification of |
| 167 | ineligibility. |
| 168 | (e) The Department of Transportation may, after a hearing |
| 169 | pursuant to 14 days' notice, direct the removal of any traffic |
| 170 | infraction detector wherever located which purportedly fails to |
| 171 | meet the specifications of this subsection. The public agency |
| 172 | operating or implementing a traffic infraction detector shall |
| 173 | immediately remove the traffic infraction detector upon the |
| 174 | direction of the Department of Transportation and may not, for a |
| 175 | period of 5 years, install any replacement traffic infraction |
| 176 | detector unless written prior approval is received from the |
| 177 | Department of Transportation. Any additional violation by a |
| 178 | public body or official is cause for withholding state funds for |
| 179 | traffic control purposes until such public body or official |
| 180 | demonstrates to the Department of Transportation that it is |
| 181 | complying with this subsection. |
| 182 | (f) The Department of Transportation may authorize the |
| 183 | installation of traffic infraction detectors that are not in |
| 184 | conformity with the published specifications upon a showing of |
| 185 | good cause. |
| 186 | (g) Any traffic infraction detector acquired under a |
| 187 | contract entered into by a county or municipality on or before |
| 188 | April 1, 2008, is not required to meet the specifications for |
| 189 | operation and implementation of traffic infraction detectors |
| 190 | published by the Department of Transportation pursuant to this |
| 191 | subsection until July 1, 2013. |
| 192 | (7) Any manufacturer or vendor desiring to bid for the |
| 193 | performance of operating or implementing a traffic infraction |
| 194 | detector must first be qualified by the Department of |
| 195 | Transportation and without such qualification is ineligible to |
| 196 | bid or furnish traffic infraction detectors to any public body |
| 197 | or official in this state unless the manufacturer or vendor is |
| 198 | furnishing the traffic infraction detectors to a county or |
| 199 | municipality pursuant to a contract entered into on or before |
| 200 | April 1, 2008. A manufacturer or vendor may not receive a fee |
| 201 | based upon the number of citations issued unless the |
| 202 | manufacturer or vendor entered into a contract with a |
| 203 | municipality or county to furnish traffic infraction detectors |
| 204 | prior to April 1, 2008. As of July 1, 2013, no contract in |
| 205 | effect on or before April 1, 2008, relating to the operation or |
| 206 | implementation of traffic infraction detectors, may authorize a |
| 207 | vendor or manufacturer to receive a fee based upon the number of |
| 208 | citations issued. |
| 209 | Section 51. Paragraph (b) of subsection (1) of section |
| 210 | 316.640, Florida Statutes, is amended to read: |
| 211 | 316.640 Enforcement.--The enforcement of the traffic laws |
| 212 | of this state is vested as follows: |
| 213 | (1) STATE.-- |
| 214 | (b)1. The Department of Transportation has authority to |
| 215 | enforce on all the streets and highways of this state all laws |
| 216 | applicable within its authority. |
| 217 | 2.a. The Department of Transportation shall develop |
| 218 | training and qualifications standards for toll enforcement |
| 219 | officers whose sole authority is to enforce the payment of tolls |
| 220 | pursuant to s. 316.1001. Nothing in this subparagraph shall be |
| 221 | construed to permit the carrying of firearms or other weapons, |
| 222 | nor shall a toll enforcement officer have arrest authority. |
| 223 | b. For the purpose of enforcing s. 316.1001, governmental |
| 224 | entities, as defined in s. 334.03, which own or operate a toll |
| 225 | facility may employ independent contractors or designate |
| 226 | employees as toll enforcement officers; however, any such toll |
| 227 | enforcement officer must successfully meet the training and |
| 228 | qualifications standards for toll enforcement officers |
| 229 | established by the Department of Transportation. |
| 230 | 3.a The Department of Transportation shall develop |
| 231 | training and qualifications standards for traffic infraction |
| 232 | detector enforcement officers whose sole authority is to enforce |
| 233 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop |
| 234 | at a traffic signal pursuant to s. 316.0083. This subparagraph |
| 235 | does not authorize the carrying of firearms or other weapons by |
| 236 | a traffic infraction enforcement officer and does not authorize |
| 237 | a traffic infraction detector enforcement officer to make |
| 238 | arrests. |
| 239 | b. For the purpose of enforcing s. 316.0083, the |
| 240 | department, the Department of Transportation, counties, and |
| 241 | municipalities may designate employees as traffic infraction |
| 242 | detector enforcement officers; however, any such traffic |
| 243 | infraction detector enforcement officer must successfully meet |
| 244 | the training and qualifications standards for traffic infraction |
| 245 | detector enforcement officers established by the Department of |
| 246 | Transportation. |
| 247 | Section 52. Subsection (15) of section 318.18, Florida |
| 248 | Statutes, is amended to read: |
| 249 | 318.18 Amount of penalties.--The penalties required for a |
| 250 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 251 | offense listed in s. 318.17 are as follows: |
| 252 | (15)(a) One hundred twenty-five dollars for a violation of |
| 253 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 254 | stop at a traffic signal and when enforced by a law enforcement |
| 255 | officer. Sixty dollars shall be distributed as provided in s. |
| 256 | 318.21, and the remaining $65 shall be remitted to the |
| 257 | Department of Revenue for deposit into the Administrative Trust |
| 258 | Fund of the Department of Health. |
| 259 | (b) Seventy dollars for each violation of s. 316.074(1) or |
| 260 | s. 316.075(1)(c)1. when a driver has failed to stop at a traffic |
| 261 | signal and when enforced by a traffic infraction detector |
| 262 | enforcement officer and, notwithstanding any other provision of |
| 263 | law, $60 shall be distributed in the same manner as the |
| 264 | applicable municipal or county parking ordinance, and the |
| 265 | remaining $10 shall be remitted to the Department of Revenue for |
| 266 | deposit into the Administrative Trust Fund of the Department of |
| 267 | Health and distributed pursuant to s. 395.4036. |
| 268 | |
| 269 | Except for s. 318.121 and 318.1215, no other fees may be charged |
| 270 | by any entity for a violation of s. 316.074(1) or s. |
| 271 | 316.075(1)(c)1. when enforced by a traffic infraction detector |
| 272 | enforcement officer. |
| 273 | Section 53. Paragraph (d) of subsection (3) of section |
| 274 | 322.27, Florida Statutes, is amended to read: |
| 275 | 322.27 Authority of department to suspend or revoke |
| 276 | license.-- |
| 277 | (3) There is established a point system for evaluation of |
| 278 | convictions of violations of motor vehicle laws or ordinances, |
| 279 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 280 | such violations involve the use of motor vehicles, for the |
| 281 | determination of the continuing qualification of any person to |
| 282 | operate a motor vehicle. The department is authorized to suspend |
| 283 | the license of any person upon showing of its records or other |
| 284 | good and sufficient evidence that the licensee has been |
| 285 | convicted of violation of motor vehicle laws or ordinances, or |
| 286 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 287 | more points as determined by the point system. The suspension |
| 288 | shall be for a period of not more than 1 year. |
| 289 | (d) The point system shall have as its basic element a |
| 290 | graduated scale of points assigning relative values to |
| 291 | convictions of the following violations: |
| 292 | 1. Reckless driving, willful and wanton--4 points. |
| 293 | 2. Leaving the scene of a crash resulting in property |
| 294 | damage of more than $50--6 points. |
| 295 | 3. Unlawful speed resulting in a crash--6 points. |
| 296 | 4. Passing a stopped school bus--4 points. |
| 297 | 5. Unlawful speed: |
| 298 | a. Not in excess of 15 miles per hour of lawful or posted |
| 299 | speed--3 points. |
| 300 | b. In excess of 15 miles per hour of lawful or posted |
| 301 | speed--4 points. |
| 302 | 6. A violation of a traffic control signal device as |
| 303 | provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. |
| 304 | However, no points shall be imposed for a violation of s. |
| 305 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 306 | stop at a traffic signal and when enforced by a traffic |
| 307 | infraction detector enforcement officer. |
| 308 | 7. All other moving violations (including parking on a |
| 309 | highway outside the limits of a municipality)--3 points. |
| 310 | However, no points shall be imposed for a violation of s. |
| 311 | 316.0741 or s. 316.2065(12). |
| 312 | 8. Any moving violation covered above, excluding unlawful |
| 313 | speed, resulting in a crash--4 points. |
| 314 | 9. Any conviction under s. 403.413(6)(b)--3 points. |
| 315 | 10. Any conviction under s. 316.0775(2)--4 points. |
| 316 | Section 54. The Department of Highway Safety and Motor |
| 317 | Vehicles and the Department of Transportation shall jointly |
| 318 | submit a report on the efficacy of traffic infraction detectors |
| 319 | in enhancing public safety to the Governor, the President of the |
| 320 | Senate, and the Speaker of the House of Representatives on or |
| 321 | before January 1, 2013. |
| 322 |
|
| 323 |
|
| 324 | ----------------------------------------------------- |
| 325 | T I T L E A M E N D M E N T |
| 326 | Between lines 2171 and 2172, insert: |
| 327 | amending s. 316.003, F.S.; defining the term "traffic |
| 328 | infraction detector"; providing a short title; creating s. |
| 329 | 316.0083, F.S.; preempting to the state the use of cameras |
| 330 | to enforce traffic laws; authorizing the use of traffic |
| 331 | infraction detectors and traffic infraction detector |
| 332 | enforcement officers by the Department of Highway Safety |
| 333 | and Motor Vehicles, the Department of Transportation, |
| 334 | counties, and municipalities; providing requirements for |
| 335 | notifying a driver of the issuance of a citation; |
| 336 | providing that the owner of the motor vehicle involved in |
| 337 | a violation is responsible and liable for payment of the |
| 338 | fine assessed; providing exceptions; establishing |
| 339 | admissibility of evidence as a rebuttable presumption of a |
| 340 | violation; providing that submission of a false affidavit |
| 341 | constitutes a second-degree misdemeanor; requiring the |
| 342 | Department of Transportation to adopt and publish |
| 343 | specifications relating to the operation and |
| 344 | implementation of traffic infraction detectors; requiring |
| 345 | that the specifications conform to certain minimum |
| 346 | requirements; requiring the certification of a location by |
| 347 | a traffic engineer before a detector is installed; |
| 348 | authorizing the Department of Transportation to direct the |
| 349 | removal of a detector that fails to meet the required |
| 350 | specifications; authorizing the department to allow the |
| 351 | installation of a detector that does not conform to the |
| 352 | required specification upon a showing of good cause; |
| 353 | exempting certain existing traffic infraction detectors |
| 354 | from the requirements for meeting the department's |
| 355 | specifications for a specified period; requiring the |
| 356 | qualification of vendors by the Department of |
| 357 | Transportation; amending s. 316.640, F.S.; directing the |
| 358 | Department of Transportation to develop training and |
| 359 | qualifications for traffic infraction detector enforcement |
| 360 | officers; amending s. 318.18, F.S.; providing for |
| 361 | penalties and distribution of fines for failing to stop at |
| 362 | a traffic signal when such violation is enforced by a |
| 363 | traffic infraction detector enforcement officer; amending |
| 364 | s. 322.27, F.S.; prohibiting the imposition of points |
| 365 | against a violator's driver's license for infractions |
| 366 | enforced by a traffic infraction detector enforcement |
| 367 | officer; directing the Department of Highway Safety and |
| 368 | Motor Vehicles and the Department of Transportation to |
| 369 | jointly report the efficacy of traffic infraction |
| 370 | detectors on or before a specified date; |