HB 351

1
A bill to be entitled
2An act relating to uniform traffic control; creating the
3"Mark Wandall Traffic Safety Act"; amending s. 316.003,
4F.S.; defining the term "traffic infraction detector";
5creating s. 316.0083, F.S.; creating the Mark Wandall
6Traffic Safety Program to be administered by the
7Department of Highway Safety and Motor Vehicles; requiring
8a county or municipality to enact an ordinance in order to
9use a traffic infraction detector to identify a motor
10vehicle that fails to stop at a traffic control signal
11steady red light; requiring authorization of a traffic
12infraction enforcement officer to issue and enforce a
13ticket for such violation; requiring signage; requiring
14certain public awareness procedures; requiring the
15ordinance to establish a fine of a certain amount;
16prohibiting additional charges; exempting emergency
17vehicles; providing that the registered owner of the motor
18vehicle involved in the violation is responsible and
19liable for payment of the fine assessed; providing
20exceptions; providing procedures for disposition and
21enforcement of tickets; providing for disposition of
22revenue; providing complaint procedures; providing for the
23Legislature to exclude a county or municipality from the
24program; requiring reports from participating
25municipalities and counties to the department; requiring
26the department to make reports to the Governor and the
27Legislature; amending s. 316.0745, F.S.; providing that
28traffic infraction detectors must meet certain
29requirements; amending s. 316.1967, F.S.; providing for
30inclusion of persons with outstanding violations in a list
31sent to the department for enforcement purposes; amending
32s. 322.264, F.S.; revising the definition of the term
33"habitual traffic offender" to include a certain number of
34violations of a traffic control signal steady red light
35indication within a certain timeframe; reenacting ss.
36322.27(5) and 322.34(1), (2), (5), and (8)(a), F.S.,
37relating to the authority of the Department of Highway
38Safety and Motor Vehicles to suspend or revoke a driver
39license and driving while a driver license is suspended,
40revoked, canceled, or disqualified, for the purpose of
41incorporating the amendment to s. 322.264, F.S., in
42references thereto; providing for severability; providing
43an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  This act may be cited as the "Mark Wandall
48Traffic Safety Act."
49     Section 2.  Subsection (86) is added to section 316.003,
50Florida Statutes, to read:
51     316.003  Definitions.--The following words and phrases,
52when used in this chapter, shall have the meanings respectively
53ascribed to them in this section, except where the context
54otherwise requires:
55     (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses a
56vehicle sensor installed to work in conjunction with a traffic
57control signal and a camera synchronized to automatically record
58two or more sequenced photographic or electronic images or
59streaming video of only the rear of a motor vehicle at the time
60the vehicle fails to stop behind the stop bar or clearly marked
61stop line when facing a traffic control signal steady red light.
62Any citation issued by the use of a traffic infraction detector
63must include a photograph showing both the license tag of the
64offending vehicle and the traffic control device being violated.
65     Section 3.  Section 316.0083, Florida Statutes, is created
66to read:
67     316.0083  Mark Wandall Traffic Safety Program;
68administration; report.--
69     (1)  There is created the Mark Wandall Traffic Safety
70Program governing the operation of traffic infraction detectors.
71The program shall be administered by the Department of Highway
72Safety and Motor Vehicles and shall include the following
73provisions:
74     (a)  In order to use a traffic infraction detector, a
75county or municipality must enact an ordinance that provides for
76the use of a traffic infraction detector to enforce s.
77316.075(1)(c), which requires the driver of a vehicle to stop
78the vehicle when facing a traffic control signal steady red
79light on the streets and highways under the jurisdiction of the
80county or municipality. A county or municipality that operates a
81traffic infraction detector must authorize a traffic infraction
82enforcement officer to issue a ticket for a violation of s.
83316.075(1)(c) and to enforce the payment of tickets for such
84violation. This paragraph does not authorize a traffic
85infraction enforcement officer to carry a firearm or other
86weapon and does not authorize such an officer to make arrests.
87The ordinance must require signs to be posted at locations
88designated by the county or municipality providing notification
89that a traffic infraction detector may be in use. Such signage
90must conform to the standards and requirements adopted by the
91Department of Transportation under s. 316.0745. The ordinance
92must also require that the county or municipality make a public
93announcement and conduct a public awareness campaign of the
94proposed use of traffic infraction detectors at least 30 days
95before commencing the enforcement program. In addition, the
96ordinance must establish a fine of $125 to be assessed against
97the registered owner of a motor vehicle that fails to stop when
98facing a traffic control signal steady red light as determined
99through the use of a traffic infraction detector. Any other
100provision of law to the contrary notwithstanding, an additional
101surcharge, fee, or cost may not be added to the civil penalty
102authorized by this paragraph.
103     (b)  When responding to an emergency call, an emergency
104vehicle is exempt from any ordinance enacted under this section.
105     (c)  A county or municipality must adopt an ordinance under
106s. 316.008 that provides for the use of a traffic infraction
107detector in order to impose a fine on the registered owner of a
108motor vehicle for a violation of s. 316.075(1)(c). The fine
109shall be imposed in the same manner and is subject to the same
110limitations as provided for parking violations under s.
111316.1967. Except as specifically provided in this section,
112chapter 318 and s. 322.27 do not apply to a violation of s.
113316.075(1)(c) for which a ticket has been issued under an
114ordinance enacted pursuant to this section. Enforcement of a
115ticket issued under the ordinance is not a conviction of the
116operator of the motor vehicle, may not be made a part of the
117driving record of the operator, and may not be used for purposes
118of setting motor vehicle insurance rates. Points under s. 322.27
119may not be assessed based upon such enforcement.
120     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
121to an ordinance enacted pursuant to this section, except that
122the ticket must contain the name and address of the person
123alleged to be liable as the registered owner of the motor
124vehicle involved in the violation, the registration number of
125the motor vehicle, the violation charged, a copy of the recorded
126images, the location where the violation occurred, the date and
127time of the violation, information that identifies the device
128that recorded the violation, and a signed statement by a
129specifically trained technician employed by the agency or its
130contractor that, based on inspection of recorded images, the
131motor vehicle was being operated in violation of s.
132316.075(1)(c). The ticket must advise the registered owner of
133the motor vehicle involved in the violation of the amount of the
134fine, the date by which the fine must be paid, and the procedure
135for contesting the violation alleged in the ticket. The ticket
136must contain a warning that failure to contest the violation in
137the manner and time provided is deemed an admission of the
138liability and that a default may be entered thereon. The
139violation shall be processed by the county or municipality that
140has jurisdiction over the street or highway where the violation
141occurred or by any entity authorized by the county or
142municipality to prepare and mail the ticket.
143     (e)  The ticket shall be sent by first-class mail addressed
144to the registered owner of the motor vehicle and postmarked no
145later than 14 days after the date of the violation.
146     (f)1.  The registered owner of the motor vehicle involved
147in a violation is responsible and liable for payment of the fine
148assessed pursuant to this section unless the owner can establish
149that:
150     a.  The motor vehicle passed through the intersection in
151order to yield right-of-way to an emergency vehicle or as part
152of a funeral procession;
153     b.  The motor vehicle passed through the intersection at
154the direction of a law enforcement officer;
155     c.  The motor vehicle was stolen at the time of the alleged
156violation; or
157     d.  A uniform traffic citation was issued to the driver of
158the motor vehicle for the alleged violation of s. 316.075(1)(c).
159     2.  In order to establish any such fact, the registered
160owner of the vehicle must, within 20 days after receipt of
161notification of the alleged violation, furnish to the county or
162municipality, as appropriate, an affidavit that sets forth
163detailed information supporting an exemption as provided in sub
164subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
165or sub-subparagraph 1.d. For an exemption under sub-subparagraph
1661.c., the affidavit must set forth that the vehicle was stolen
167and be accompanied by a copy of the police report indicating
168that the vehicle was stolen at the time of the alleged
169violation. For an exemption under sub-subparagraph 1.d., the
170affidavit must set forth that a citation was issued and be
171accompanied by a copy of the citation indicating the time of the
172alleged violation and the location of the intersection where it
173occurred.
174     (g)  A person may contest the determination that such
175person failed to stop at a traffic control signal steady red
176light as evidenced by a traffic infraction detector by electing
177to appear before any judge authorized by law to preside over a
178court hearing that adjudicates traffic infractions. A person who
179elects to appear before the court to present evidence is deemed
180to have waived the limitation of civil penalties imposed for the
181violation. The court, after hearing, shall determine whether the
182violation was committed and may impose a civil penalty not to
183exceed $125 plus costs. The court may take appropriate measures
184to enforce collection of any penalty not paid within the time
185permitted by the court.
186     (h)  A certificate sworn to or affirmed by a person
187authorized under s. 316.008 who is employed by or under contract
188with the county or municipality where the infraction occurred,
189or a facsimile thereof that is based upon inspection of
190photographs or other recorded images produced by a traffic
191infraction detector, is prima facie evidence of the facts
192contained in the certificate. A photograph or other recorded
193image evidencing a violation of s. 316.075(1)(c) must be
194available for inspection in any proceeding to adjudicate
195liability under an ordinance enacted pursuant to this section.
196     (i)  In any county or municipality in which tickets are
197issued as provided in this section, the names of persons who
198have one or more outstanding violations may be included on the
199list authorized under s. 316.1967(6).
200     (j)  If the driver of the motor vehicle received a citation
201from a traffic enforcement officer at the time of the violation,
202a ticket may not be issued pursuant to this section.
203     (k)  The uniform traffic citation prepared by the
204department under s. 316.650 may not be issued for any violation
205for which a ticket is issued as provided in this section.
206     (2)  The fine imposed pursuant to paragraph (1)(a) or
207paragraph (1)(g) shall be retained by the county or municipality
208enforcing the ordinance enacted pursuant to this section.
209     (3)  A complaint that a county or municipality is employing
210traffic infraction detectors for purposes other than the
211promotion of public health, welfare, and safety or in a manner
212inconsistent with this section may be submitted to the governing
213body of such county or municipality. Such complaints, along with
214any investigation and corrective action taken by the county or
215municipal governing body, shall be included in the annual report
216to the department and in the department's annual summary report
217to the Governor, the President of the Senate, and the Speaker of
218the House Representatives, as required by this section. Based on
219its review of the report, the Legislature may exclude a county
220or municipality from further participation in the program.
221     (4)(a)  Each county or municipality that operates a traffic
222infraction detector shall submit an annual report to the
223department that details the results of using the traffic
224infraction detector and the procedures for enforcement.
225     (b)  The department shall provide an annual summary report
226to the Governor, the President of the Senate, and the Speaker of
227the House of Representatives regarding the use and operation of
228traffic infraction detectors under this section. The summary
229report must include a review of the information submitted to the
230department by the counties and municipalities and must describe
231the enhancement of the traffic safety and enforcement programs.
232The department shall report its recommendations, including any
233necessary legislation, on or before December 1, 2009, to the
234Governor, the President of the Senate, and the Speaker of the
235House of Representatives.
236     Section 4.  Subsection (6) of section 316.0745, Florida
237Statutes, is amended to read:
238     316.0745  Uniform signals and devices.--
239     (6)(a)  Any system of traffic control devices controlled
240and operated from a remote location by electronic computers or
241similar devices must shall meet all requirements established for
242the uniform system, and, if where such a system affects systems
243affect the movement of traffic on state roads, the design of the
244system must shall be reviewed and approved by the Department of
245Transportation.
246     (b)  Any traffic infraction detector deployed on the
247streets and highways of the state must meet requirements
248established by the Department of Transportation and must be
249tested at regular intervals according to procedures prescribed
250by that department.
251     Section 5.  Subsection (6) of section 316.1967, Florida
252Statutes, is amended to read:
253     316.1967  Liability for payment of parking ticket
254violations and other parking violations.--
255     (6)  Any county or municipality may provide by ordinance
256that the clerk of the court or the traffic violations bureau
257shall supply the department with a magnetically encoded computer
258tape reel or cartridge or send by other electronic means data
259which is machine readable by the installed computer system at
260the department, listing persons who have three or more
261outstanding parking violations, including violations of s.
262316.1955, or who have one or more outstanding tickets for a
263violation of a traffic control signal steady red light
264indication issued pursuant an ordinance adopted under s.
265316.0083. Each county shall provide by ordinance that the clerk
266of the court or the traffic violations bureau shall supply the
267department with a magnetically encoded computer tape reel or
268cartridge or send by other electronic means data that is machine
269readable by the installed computer system at the department,
270listing persons who have any outstanding violations of s.
271316.1955 or any similar local ordinance that regulates parking
272in spaces designated for use by persons who have disabilities.
273The department shall mark the appropriate registration records
274of persons who are so reported. Section 320.03(8) applies to
275each person whose name appears on the list.
276     Section 6.  Subsection (8) of section 320.03, Florida
277Statutes, reads:
278     320.03  Registration; duties of tax collectors;
279International Registration Plan.--
280     (8)  If the applicant's name appears on the list referred
281to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
282license plate or revalidation sticker may not be issued until
283that person's name no longer appears on the list or until the
284person presents a receipt from the clerk showing that the fines
285outstanding have been paid. This subsection does not apply to
286the owner of a leased vehicle if the vehicle is registered in
287the name of the lessee of the vehicle. The tax collector and the
288clerk of the court are each entitled to receive monthly, as
289costs for implementing and administering this subsection, 10
290percent of the civil penalties and fines recovered from such
291persons. As used in this subsection, the term "civil penalties
292and fines" does not include a wrecker operator's lien as
293described in s. 713.78(13). If the tax collector has private tag
294agents, such tag agents are entitled to receive a pro rata share
295of the amount paid to the tax collector, based upon the
296percentage of license plates and revalidation stickers issued by
297the tag agent compared to the total issued within the county.
298The authority of any private agent to issue license plates shall
299be revoked, after notice and a hearing as provided in chapter
300120, if he or she issues any license plate or revalidation
301sticker contrary to the provisions of this subsection. This
302section applies only to the annual renewal in the owner's birth
303month of a motor vehicle registration and does not apply to the
304transfer of a registration of a motor vehicle sold by a motor
305vehicle dealer licensed under this chapter, except for the
306transfer of registrations which is inclusive of the annual
307renewals. This section does not affect the issuance of the title
308to a motor vehicle, notwithstanding s. 319.23(7)(b).
309     Section 7.  Section 322.264, Florida Statutes, is amended
310to read:
311     322.264  "Habitual traffic offender" defined.--A "habitual
312traffic offender" is any person whose record, as maintained by
313the Department of Highway Safety and Motor Vehicles, shows that
314such person has accumulated the specified number of convictions
315for offenses described in subsection (1) or subsection (2)
316within a 5-year period or the specified number of convictions
317for offenses described in subsection (3) within a 3-year period:
318     (1)  Three or more convictions of any one or more of the
319following offenses arising out of separate acts:
320     (a)  Voluntary or involuntary manslaughter resulting from
321the operation of a motor vehicle;
322     (b)  Any violation of s. 316.193, former s. 316.1931, or
323former s. 860.01;
324     (c)  Any felony in the commission of which a motor vehicle
325is used;
326     (d)  Driving a motor vehicle while his or her license is
327suspended or revoked;
328     (e)  Failing to stop and render aid as required under the
329laws of this state in the event of a motor vehicle crash
330resulting in the death or personal injury of another; or
331     (f)  Driving a commercial motor vehicle while his or her
332privilege is disqualified.
333     (2)  Fifteen convictions for moving traffic offenses for
334which points may be assessed as set forth in s. 322.27,
335including those offenses in subsection (1).
336     (3)  Three convictions under s. 316.075 for a violation of
337a traffic control signal steady red light indication.
338
339Any violation of any federal law, any law of another state or
340country, or any valid ordinance of a municipality or county of
341another state similar to a statutory prohibition specified in
342subsection (1), or subsection (2), or subsection (3) shall be
343counted as a violation of such prohibition. In computing the
344number of convictions, all convictions during the 5 years
345previous to July 1, 1972, will be used, provided at least one
346conviction occurs after that date. In computing the number of
347convictions for offenses listed in subsection (3), all
348convictions during the 3 years preceding July 1, 2008, will be
349used, provided at least one conviction occurs after that date.
350The fact that previous convictions may have resulted in
351suspension, revocation, or disqualification under another
352section does not exempt them from being used for suspension or
353revocation under this section as a habitual offender.
354     Section 8.  For the purpose of incorporating the amendment
355made by this act to section 322.264, Florida Statutes, in a
356reference thereto, subsection (5) of section 322.27, Florida
357Statutes, is reenacted to read:
358     322.27  Authority of department to suspend or revoke
359license.--
360     (5)  The department shall revoke the license of any person
361designated a habitual offender, as set forth in s. 322.264, and
362such person shall not be eligible to be relicensed for a minimum
363of 5 years from the date of revocation, except as provided for
364in s. 322.271. Any person whose license is revoked may, by
365petition to the department, show cause why his or her license
366should not be revoked.
367     Section 9.  For the purpose of incorporating the amendment
368made by this act to section 322.264, Florida Statutes, in
369references thereto, subsections (1), (2), and (5) and paragraph
370(a) of subsection (8) of section 322.34, Florida Statutes, are
371reenacted to read:
372     322.34  Driving while license suspended, revoked, canceled,
373or disqualified.--
374     (1)  Except as provided in subsection (2), any person whose
375driver's license or driving privilege has been canceled,
376suspended, or revoked, except a "habitual traffic offender" as
377defined in s. 322.264, who drives a vehicle upon the highways of
378this state while such license or privilege is canceled,
379suspended, or revoked is guilty of a moving violation,
380punishable as provided in chapter 318.
381     (2)  Any person whose driver's license or driving privilege
382has been canceled, suspended, or revoked as provided by law,
383except persons defined in s. 322.264, who, knowing of such
384cancellation, suspension, or revocation, drives any motor
385vehicle upon the highways of this state while such license or
386privilege is canceled, suspended, or revoked, upon:
387     (a)  A first conviction is guilty of a misdemeanor of the
388second degree, punishable as provided in s. 775.082 or s.
389775.083.
390     (b)  A second conviction is guilty of a misdemeanor of the
391first degree, punishable as provided in s. 775.082 or s.
392775.083.
393     (c)  A third or subsequent conviction is guilty of a felony
394of the third degree, punishable as provided in s. 775.082, s.
395775.083, or s. 775.084.
396
397The element of knowledge is satisfied if the person has been
398previously cited as provided in subsection (1); or the person
399admits to knowledge of the cancellation, suspension, or
400revocation; or the person received notice as provided in
401subsection (4). There shall be a rebuttable presumption that the
402knowledge requirement is satisfied if a judgment or order as
403provided in subsection (4) appears in the department's records
404for any case except for one involving a suspension by the
405department for failure to pay a traffic fine or for a financial
406responsibility violation.
407     (5)  Any person whose driver's license has been revoked
408pursuant to s. 322.264 (habitual offender) and who drives any
409motor vehicle upon the highways of this state while such license
410is revoked is guilty of a felony of the third degree, punishable
411as provided in s. 775.082, s. 775.083, or s. 775.084.
412     (8)(a)  Upon the arrest of a person for the offense of
413driving while the person's driver's license or driving privilege
414is suspended or revoked, the arresting officer shall determine:
415     1.  Whether the person's driver's license is suspended or
416revoked.
417     2.  Whether the person's driver's license has remained
418suspended or revoked since a conviction for the offense of
419driving with a suspended or revoked license.
420     3.  Whether the suspension or revocation was made under s.
421316.646 or s. 627.733, relating to failure to maintain required
422security, or under s. 322.264, relating to habitual traffic
423offenders.
424     4.  Whether the driver is the registered owner or coowner
425of the vehicle.
426     Section 10.  If any provision of this act or its
427application to any person or circumstance is held invalid, the
428invalidity does not affect other provisions or applications of
429this act which can be given effect without the invalid provision
430or application, and to this end the provisions of this act are
431declared severable.
432     Section 11.  This act shall take effect upon becoming a
433law.


CODING: Words stricken are deletions; words underlined are additions.