CS/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
106this section 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 this section who is employed by or under
188contract with the county or municipality where the infraction
189occurred, or a facsimile thereof that is based upon inspection
190of photographs 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     (2)  The fine imposed pursuant to paragraph (1)(a) or
204paragraph (1)(g) shall be retained by the county or municipality
205enforcing the ordinance enacted pursuant to this section.
206     (3)  A complaint that a county or municipality is employing
207traffic infraction detectors for purposes other than the
208promotion of public health, welfare, and safety or in a manner
209inconsistent with this section may be submitted to the governing
210body of such county or municipality. Such complaints, along with
211any investigation and corrective action taken by the county or
212municipal governing body, shall be included in the annual report
213to the department and in the department's annual summary report
214to the Governor, the President of the Senate, and the Speaker of
215the House Representatives, as required by this section. Based on
216its review of the report, the Legislature may exclude a county
217or municipality from further participation in the program.
218     (4)(a)  Each county or municipality that operates a traffic
219infraction detector shall submit an annual report to the
220department that details the results of using the traffic
221infraction detector and the procedures for enforcement.
222     (b)  The department shall provide an annual summary report
223to the Governor, the President of the Senate, and the Speaker of
224the House of Representatives regarding the use and operation of
225traffic infraction detectors under this section. The summary
226report must include a review of the information submitted to the
227department by the counties and municipalities and must describe
228the enhancement of the traffic safety and enforcement programs.
229The department shall report its recommendations, including any
230necessary legislation, on or before December 1, 2009, to the
231Governor, the President of the Senate, and the Speaker of the
232House of Representatives.
233     Section 4.  Subsection (6) of section 316.0745, Florida
234Statutes, is amended to read:
235     316.0745  Uniform signals and devices.--
236     (6)(a)  Any system of traffic control devices controlled
237and operated from a remote location by electronic computers or
238similar devices must shall meet all requirements established for
239the uniform system, and, if where such a system affects systems
240affect the movement of traffic on state roads, the design of the
241system must shall be reviewed and approved by the Department of
242Transportation.
243     (b)  Any traffic infraction detector deployed on the
244streets and highways of the state must meet requirements
245established by the Department of Transportation and must be
246tested at regular intervals according to procedures prescribed
247by that department.
248     Section 5.  Subsection (6) of section 316.1967, Florida
249Statutes, is amended to read:
250     316.1967  Liability for payment of parking ticket
251violations and other parking violations.--
252     (6)  Any county or municipality may provide by ordinance
253that the clerk of the court or the traffic violations bureau
254shall supply the department with a magnetically encoded computer
255tape reel or cartridge or send by other electronic means data
256which is machine readable by the installed computer system at
257the department, listing persons who have three or more
258outstanding parking violations, including violations of s.
259316.1955, or who have one or more outstanding tickets for a
260violation of a traffic control signal steady red light
261indication issued pursuant an ordinance adopted under s.
262316.0083. Each county shall provide by ordinance that the clerk
263of the court or the traffic violations bureau shall supply the
264department with a magnetically encoded computer tape reel or
265cartridge or send by other electronic means data that is machine
266readable by the installed computer system at the department,
267listing persons who have any outstanding violations of s.
268316.1955 or any similar local ordinance that regulates parking
269in spaces designated for use by persons who have disabilities.
270The department shall mark the appropriate registration records
271of persons who are so reported. Section 320.03(8) applies to
272each person whose name appears on the list.
273     Section 6.  Subsection (8) of section 320.03, Florida
274Statutes, reads:
275     320.03  Registration; duties of tax collectors;
276International Registration Plan.--
277     (8)  If the applicant's name appears on the list referred
278to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
279license plate or revalidation sticker may not be issued until
280that person's name no longer appears on the list or until the
281person presents a receipt from the clerk showing that the fines
282outstanding have been paid. This subsection does not apply to
283the owner of a leased vehicle if the vehicle is registered in
284the name of the lessee of the vehicle. The tax collector and the
285clerk of the court are each entitled to receive monthly, as
286costs for implementing and administering this subsection, 10
287percent of the civil penalties and fines recovered from such
288persons. As used in this subsection, the term "civil penalties
289and fines" does not include a wrecker operator's lien as
290described in s. 713.78(13). If the tax collector has private tag
291agents, such tag agents are entitled to receive a pro rata share
292of the amount paid to the tax collector, based upon the
293percentage of license plates and revalidation stickers issued by
294the tag agent compared to the total issued within the county.
295The authority of any private agent to issue license plates shall
296be revoked, after notice and a hearing as provided in chapter
297120, if he or she issues any license plate or revalidation
298sticker contrary to the provisions of this subsection. This
299section applies only to the annual renewal in the owner's birth
300month of a motor vehicle registration and does not apply to the
301transfer of a registration of a motor vehicle sold by a motor
302vehicle dealer licensed under this chapter, except for the
303transfer of registrations which is inclusive of the annual
304renewals. This section does not affect the issuance of the title
305to a motor vehicle, notwithstanding s. 319.23(7)(b).
306     Section 7.  Section 322.264, Florida Statutes, is amended
307to read:
308     322.264  "Habitual traffic offender" defined.--A "habitual
309traffic offender" is any person whose record, as maintained by
310the Department of Highway Safety and Motor Vehicles, shows that
311such person has accumulated the specified number of convictions
312for offenses described in subsection (1) or subsection (2)
313within a 5-year period or the specified number of convictions
314for offenses described in subsection (3) within a 3-year period:
315     (1)  Three or more convictions of any one or more of the
316following offenses arising out of separate acts:
317     (a)  Voluntary or involuntary manslaughter resulting from
318the operation of a motor vehicle;
319     (b)  Any violation of s. 316.193, former s. 316.1931, or
320former s. 860.01;
321     (c)  Any felony in the commission of which a motor vehicle
322is used;
323     (d)  Driving a motor vehicle while his or her license is
324suspended or revoked;
325     (e)  Failing to stop and render aid as required under the
326laws of this state in the event of a motor vehicle crash
327resulting in the death or personal injury of another; or
328     (f)  Driving a commercial motor vehicle while his or her
329privilege is disqualified.
330     (2)  Fifteen convictions for moving traffic offenses for
331which points may be assessed as set forth in s. 322.27,
332including those offenses in subsection (1).
333     (3)  Three convictions under s. 316.075 for a violation of
334a traffic control signal steady red light indication.
335
336Any violation of any federal law, any law of another state or
337country, or any valid ordinance of a municipality or county of
338another state similar to a statutory prohibition specified in
339subsection (1), or subsection (2), or subsection (3) shall be
340counted as a violation of such prohibition. In computing the
341number of convictions, all convictions during the 5 years
342previous to July 1, 1972, will be used, provided at least one
343conviction occurs after that date. In computing the number of
344convictions for offenses listed in subsection (3), all
345convictions during the 3 years preceding July 1, 2008, will be
346used, provided at least one conviction occurs after that date.
347The fact that previous convictions may have resulted in
348suspension, revocation, or disqualification under another
349section does not exempt them from being used for suspension or
350revocation under this section as a habitual offender.
351     Section 8.  For the purpose of incorporating the amendment
352made by this act to section 322.264, Florida Statutes, in a
353reference thereto, subsection (5) of section 322.27, Florida
354Statutes, is reenacted to read:
355     322.27  Authority of department to suspend or revoke
356license.--
357     (5)  The department shall revoke the license of any person
358designated a habitual offender, as set forth in s. 322.264, and
359such person shall not be eligible to be relicensed for a minimum
360of 5 years from the date of revocation, except as provided for
361in s. 322.271. Any person whose license is revoked may, by
362petition to the department, show cause why his or her license
363should not be revoked.
364     Section 9.  For the purpose of incorporating the amendment
365made by this act to section 322.264, Florida Statutes, in
366references thereto, subsections (1), (2), and (5) and paragraph
367(a) of subsection (8) of section 322.34, Florida Statutes, are
368reenacted to read:
369     322.34  Driving while license suspended, revoked, canceled,
370or disqualified.--
371     (1)  Except as provided in subsection (2), any person whose
372driver's license or driving privilege has been canceled,
373suspended, or revoked, except a "habitual traffic offender" as
374defined in s. 322.264, who drives a vehicle upon the highways of
375this state while such license or privilege is canceled,
376suspended, or revoked is guilty of a moving violation,
377punishable as provided in chapter 318.
378     (2)  Any person whose driver's license or driving privilege
379has been canceled, suspended, or revoked as provided by law,
380except persons defined in s. 322.264, who, knowing of such
381cancellation, suspension, or revocation, drives any motor
382vehicle upon the highways of this state while such license or
383privilege is canceled, suspended, or revoked, upon:
384     (a)  A first conviction is guilty of a misdemeanor of the
385second degree, punishable as provided in s. 775.082 or s.
386775.083.
387     (b)  A second conviction is guilty of a misdemeanor of the
388first degree, punishable as provided in s. 775.082 or s.
389775.083.
390     (c)  A third or subsequent conviction is guilty of a felony
391of the third degree, punishable as provided in s. 775.082, s.
392775.083, or s. 775.084.
393
394The element of knowledge is satisfied if the person has been
395previously cited as provided in subsection (1); or the person
396admits to knowledge of the cancellation, suspension, or
397revocation; or the person received notice as provided in
398subsection (4). There shall be a rebuttable presumption that the
399knowledge requirement is satisfied if a judgment or order as
400provided in subsection (4) appears in the department's records
401for any case except for one involving a suspension by the
402department for failure to pay a traffic fine or for a financial
403responsibility violation.
404     (5)  Any person whose driver's license has been revoked
405pursuant to s. 322.264 (habitual offender) and who drives any
406motor vehicle upon the highways of this state while such license
407is revoked is guilty of a felony of the third degree, punishable
408as provided in s. 775.082, s. 775.083, or s. 775.084.
409     (8)(a)  Upon the arrest of a person for the offense of
410driving while the person's driver's license or driving privilege
411is suspended or revoked, the arresting officer shall determine:
412     1.  Whether the person's driver's license is suspended or
413revoked.
414     2.  Whether the person's driver's license has remained
415suspended or revoked since a conviction for the offense of
416driving with a suspended or revoked license.
417     3.  Whether the suspension or revocation was made under s.
418316.646 or s. 627.733, relating to failure to maintain required
419security, or under s. 322.264, relating to habitual traffic
420offenders.
421     4.  Whether the driver is the registered owner or coowner
422of the vehicle.
423     Section 10.  If any provision of this act or its
424application to any person or circumstance is held invalid, the
425invalidity does not affect other provisions or applications of
426this act which can be given effect without the invalid provision
427or application, and to this end the provisions of this act are
428declared severable.
429     Section 11.  This act shall take effect upon becoming a
430law.


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