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A bill to be entitled

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An act relating to uniform traffic control; creating the

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"Mark Wandall Traffic Safety Act"; amending s. 316.003,

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F.S.; defining the term "traffic infraction detector";

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creating s. 316.0083, F.S.; creating the Mark Wandall

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Traffic Safety Program to be administered by the

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Department of Highway Safety and Motor Vehicles; requiring

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a county or municipality to enact an ordinance in order to

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use a traffic infraction detector to identify a motor

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vehicle that fails to stop at a traffic control signal

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steady red light; requiring authorization of a traffic

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infraction enforcement officer to issue and enforce a

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ticket for such violation; requiring signage; requiring

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certain public awareness procedures; requiring the

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ordinance to establish a fine of a certain amount;

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prohibiting additional charges; exempting emergency

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vehicles; providing that the registered owner of the motor

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vehicle involved in the violation is responsible and

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liable for payment of the fine assessed; providing

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exceptions; providing procedures for disposition and

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enforcement of tickets; providing for disposition of

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revenue; providing complaint procedures; providing for the

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Legislature to exclude a county or municipality from the

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program; requiring reports from participating

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municipalities and counties to the department; requiring

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the department to make reports to the Governor and the

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Legislature; amending s. 316.0745, F.S.; providing that

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traffic infraction detectors must meet certain

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requirements; amending s. 316.1967, F.S.; providing for

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inclusion of persons having outstanding violations in a

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list sent to the department for enforcement purposes;

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amending s. 322.264, F.S.; revising the definition of the

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term "habitual traffic offender" to include a certain

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number of violations of a traffic control signal steady

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red light indication within a certain timeframe;

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reenacting ss. 322.27(5) and 322.34(1), (2), (5), and

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(8)(a), F.S., relating to the authority of the Department

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of Highway Safety and Motor Vehicles to suspend or revoke

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a driver license and driving while a driver license is

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suspended, revoked, canceled, or disqualified, for the

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purpose of incorporating the amendment to s. 322.264,

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F.S., in references thereto; providing for severability;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Mark Wandall

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Traffic Safety Act."

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     Section 2.  Subsection (86) is added to section 316.003,

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Florida Statutes, to read:

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     316.003  Definitions.--The following words and phrases, when

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used in this chapter, shall have the meanings respectively

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ascribed to them in this section, except where the context

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otherwise requires:

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     (86) TRAFFIC INFRACTION DETECTOR.--A device that uses a

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vehicle sensor installed to work in conjunction with a traffic

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control signal and a camera synchronized to automatically record

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two or more sequenced photographic or electronic images or

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streaming video of only the rear of a motor vehicle at the time

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the vehicle fails to stop behind the stop bar or clearly marked

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stop line when facing a traffic control signal steady red light.

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Any citation issued by the use of a traffic infraction detector

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must include a photograph showing both the license tag of the

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offending vehicle and the traffic control device being violated.

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     Section 3.  Section 316.0083, Florida Statutes, is created

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to read:

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     316.0083 Mark Wandall Traffic Safety Program;

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administration; report.--

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     (1) There is created the Mark Wandall Traffic Safety

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Program governing the operation of traffic infraction detectors.

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The program shall be administered by the Department of Highway

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Safety and Motor Vehicles and shall include the following

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provisions:

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     (a) In order to use a traffic infraction detector, a county

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or municipality must enact an ordinance that provides for the use

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of a traffic infraction detector to enforce s. 316.075(1)(c),

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which requires the driver of a vehicle to stop the vehicle when

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facing a traffic control signal steady red light on the streets

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and highways under the jurisdiction of the county or

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municipality. A county or municipality that operates a traffic

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infraction detector must authorize a traffic infraction

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enforcement officer to issue a ticket for a violation of s.

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316.075(1)(c) and to enforce the payment of tickets for such

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violation. This paragraph does not authorize a traffic infraction

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enforcement officer to carry a firearm or other weapon and does

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not authorize such an officer to make arrests. The ordinance must

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require signs to be posted at locations designated by the county

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or municipality providing notification that a traffic infraction

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detector may be in use. Such signage must conform to the

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standards and requirements adopted by the Department of

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Transportation under s. 316.0745. The ordinance must also require

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that the county or municipality make a public announcement and

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conduct a public awareness campaign of the proposed use of

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traffic infraction detectors at least 30 days before commencing

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the enforcement program. In addition, the ordinance must

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establish a fine of $125 to be assessed against the registered

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owner of a motor vehicle that fails to stop when facing a traffic

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control signal steady red light as determined through the use of

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a traffic infraction detector. Any other provision of law to the

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contrary notwithstanding, an additional surcharge, fee, or cost

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may not be added to the civil penalty authorized by this

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paragraph.

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     (b) When responding to an emergency call, an emergency

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vehicle is exempt from any ordinance enacted under this section.

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     (c) A county or municipality must adopt an ordinance under

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s. 316.008 which provides for the use of a traffic infraction

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detector in order to impose a fine on the registered owner of a

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motor vehicle for a violation of s. 316.075(1)(c). The fine shall

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be imposed in the same manner and is subject to the same

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limitations as provided for parking violations under s. 316.1967.

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Except as specifically provided in this section, chapter 318 and

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s. 322.27 do not apply to a violation of s. 316.075(1)(c) for

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which a ticket has been issued under an ordinance enacted

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pursuant to this section. Enforcement of a ticket issued under

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the ordinance is not a conviction of the operator of the motor

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vehicle, may not be made a part of the driving record of the

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operator, and may not be used for purposes of setting motor

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vehicle insurance rates. Points under s. 322.27 may not be

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assessed based upon such enforcement.

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     (d) The procedures set forth in s. 316.1967(2)-(5) apply to

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an ordinance enacted pursuant to this section, except that the

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ticket must contain the name and address of the person alleged to

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be liable as the registered owner of the motor vehicle involved

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in the violation, the registration number of the motor vehicle,

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the violation charged, a copy of the recorded images, the

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location where the violation occurred, the date and time of the

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violation, information that identifies the device that recorded

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the violation, and a signed statement by a specifically trained

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technician employed by the agency or its contractor that, based

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on inspection of recorded images, the motor vehicle was being

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operated in violation of s. 316.075(1)(c). The ticket must advise

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the registered owner of the motor vehicle involved in the

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violation of the amount of the fine, the date by which the fine

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must be paid, and the procedure for contesting the violation

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alleged in the ticket. The ticket must contain a warning that

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failure to contest the violation in the manner and time provided

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is deemed an admission of the liability and that a default may be

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entered thereon. The violation shall be processed by the county

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or municipality that has jurisdiction over the street or highway

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where the violation occurred or by any entity authorized by the

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county or municipality to prepare and mail the ticket.

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     (e) The ticket shall be sent by first-class mail addressed

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to the registered owner of the motor vehicle and postmarked no

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later than 14 days after the date of the violation.

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     (f)1. The registered owner of the motor vehicle involved in

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a violation is responsible and liable for payment of the fine

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assessed pursuant to this section unless the owner can establish

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that:

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     a. The motor vehicle passed through the intersection in

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order to yield right-of-way to an emergency vehicle or as part of

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a funeral procession;

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     b. The motor vehicle passed through the intersection at the

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direction of a law enforcement officer;

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     c. The motor vehicle was stolen at the time of the alleged

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violation; or

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     d. A uniform traffic citation was issued to the driver of

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the motor vehicle for the alleged violation of s. 316.075(1)(c).

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     2. In order to establish any such fact, the registered

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owner of the vehicle must, within 20 days after receipt of

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notification of the alleged violation, furnish to the county or

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municipality, as appropriate, an affidavit that sets forth

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detailed information supporting an exemption as provided in sub-

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subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,

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or sub-subparagraph 1.d. For an exemption under sub-subparagraph

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1.c., the affidavit must set forth that the vehicle was stolen

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and be accompanied by a copy of the police report indicating that

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the vehicle was stolen at the time of the alleged violation. For

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an exemption under sub-subparagraph 1.d., the affidavit must set

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forth that a citation was issued and be accompanied by a copy of

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the citation indicating the time of the alleged violation and the

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location of the intersection where it occurred.

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     (g) A person may contest the determination that such person

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failed to stop at a traffic control signal steady red light as

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evidenced by a traffic infraction detector by electing to appear

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before any judge authorized by law to preside over a court

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hearing that adjudicates traffic infractions. A person who elects

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to appear before the court to present evidence is deemed to have

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waived the limitation of civil penalties imposed for the

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violation. The court, after hearing, shall determine whether the

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violation was committed and may impose a civil penalty not to

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exceed $125 plus costs. The court may take appropriate measures

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to enforce collection of any penalty not paid within the time

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permitted by the court.

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     (h) A certificate sworn to or affirmed by a person

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authorized under s. 316.008 who is employed by or under contract

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with the county or municipality where the infraction occurred, or

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a facsimile thereof that is based upon inspection of photographs

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or other recorded images produced by a traffic infraction

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detector, is prima facie evidence of the facts contained in the

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certificate. A photograph or other recorded image evidencing a

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violation of s. 316.075(1)(c) must be available for inspection in

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any proceeding to adjudicate liability under an ordinance enacted

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pursuant to this section.

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     (i) In any county or municipality in which tickets are

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issued as provided in this section, the names of persons who have

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one or more outstanding violations may be included on the list

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authorized under s. 316.1967(6).

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     (j) If the driver of the motor vehicle received a citation

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from a traffic enforcement officer at the time of the violation,

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a ticket may not be issued pursuant to this section.

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     (k) The uniform traffic citation prepared by the department

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under s. 316.650 may not be issued for any violation for which a

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ticket is issued as provided in this section.

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     (2) The fine imposed pursuant to paragraph (1)(a) or

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paragraph (1)(g) shall be retained by the county or municipality

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enforcing the ordinance enacted pursuant to this section.

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     (3) A complaint that a county or municipality is employing

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traffic infraction detectors for purposes other than the

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promotion of public health, welfare, and safety or in a manner

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inconsistent with this section may be submitted to the governing

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body of such county or municipality. Such complaints, along with

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any investigation and corrective action taken by the county or

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municipal governing body, shall be included in the annual report

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to the department and in the department's annual summary report

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to the Governor, the President of the Senate, and the Speaker of

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the House Representatives, as required by this section. Based on

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its review of the report, the Legislature may exclude a county or

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municipality from further participation in the program.

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     (4)(a) Each county or municipality that operates a traffic

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infraction detector shall submit an annual report to the

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department that details the results of using the traffic

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infraction detector and the procedures for enforcement.

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     (b) The department shall provide an annual summary report

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to the Governor, the President of the Senate, and the Speaker of

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the House of Representatives regarding the use and operation of

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traffic infraction detectors under this section. The summary

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report must include a review of the information submitted to the

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department by the counties and municipalities and must describe

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the enhancement of the traffic safety and enforcement programs.

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The department shall report its recommendations, including any

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necessary legislation, on or before December 1, 2009, to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives.

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     Section 4.  Subsection (6) of section 316.0745, Florida

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Statutes, is amended to read:

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     316.0745  Uniform signals and devices.--

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     (6)(a) Any system of traffic control devices controlled and

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operated from a remote location by electronic computers or

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similar devices must shall meet all requirements established for

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the uniform system, and, if where such a system affects systems

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affect the movement of traffic on state roads, the design of the

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system must shall be reviewed and approved by the Department of

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Transportation.

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     (b) Any traffic infraction detector deployed on the streets

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and highways of the state must meet requirements established by

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the Department of Transportation and must be tested at regular

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intervals according to procedures prescribed by that department.

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     Section 5.  Section 316.1967, Florida Statutes, is amended

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to read:

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     316.1967  Liability for payment of parking ticket violations

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and other parking violations.--

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     (1)  The owner of a vehicle is responsible and liable for

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payment of any parking ticket violation unless the owner can

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furnish evidence, when required by this subsection, that the

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vehicle was, at the time of the parking violation, in the care,

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custody, or control of another person. In such instances, the

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owner of the vehicle is required, within a reasonable time after

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notification of the parking violation, to furnish to the

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appropriate law enforcement authorities an affidavit setting

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forth the name, address, and driver's license number of the

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person who leased, rented, or otherwise had the care, custody, or

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control of the vehicle. The affidavit submitted under this

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subsection is admissible in a proceeding charging a parking

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ticket violation and raises the rebuttable presumption that the

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person identified in the affidavit is responsible for payment of

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the parking ticket violation. The owner of a vehicle is not

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responsible for a parking ticket violation if the vehicle

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involved was, at the time, stolen or in the care, custody, or

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control of some person who did not have permission of the owner

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to use the vehicle. The owner of a leased vehicle is not

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responsible for a parking ticket violation and is not required to

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submit an affidavit or the other evidence specified in this

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section, if the vehicle is registered in the name of the person

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who leased the vehicle.

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     (2)  Any person who is issued a county or municipal parking

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ticket by a parking enforcement specialist or officer is deemed

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to be charged with a noncriminal violation and shall comply with

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the directions on the ticket. If payment is not received or a

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response to the ticket is not made within the time period

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specified thereon, the county court or its traffic violations

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bureau shall notify the registered owner of the vehicle that was

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cited, or the registered lessee when the cited vehicle is

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registered in the name of the person who leased the vehicle, by

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mail to the address given on the motor vehicle registration, of

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the ticket. Mailing the notice to this address constitutes

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notification. Upon notification, the registered owner or

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registered lessee shall comply with the court's directive.

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     (3)  Any person who fails to satisfy the court's directive

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waives his or her right to pay the applicable civil penalty.

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     (4)  Any person who elects to appear before a designated

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official to present evidence waives his or her right to pay the

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civil penalty provisions of the ticket. The official, after a

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hearing, shall make a determination as to whether a parking

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violation has been committed and may impose a civil penalty not

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to exceed $100 or the fine amount designated by county ordinance,

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plus court costs. Any person who fails to pay the civil penalty

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within the time allowed by the court is deemed to have been

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convicted of a parking ticket violation, and the court shall take

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appropriate measures to enforce collection of the fine.

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     (5)  Any provision of subsections (2), (3), and (4) to the

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contrary notwithstanding, chapter 318 does not apply to

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violations of county parking ordinances and municipal parking

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ordinances.

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     (6)  Any county or municipality may provide by ordinance

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that the clerk of the court or the traffic violations bureau

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shall supply the department with a magnetically encoded computer

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tape reel or cartridge or send by other electronic means data

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which is machine readable by the installed computer system at the

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department, listing persons who have three or more outstanding

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parking violations, including violations of s. 316.1955, or who

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have one or more outstanding tickets for a violation of a traffic

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control signal steady red light indication issued pursuant to an

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ordinance adopted under s. 316.0083. Each county shall provide by

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ordinance that the clerk of the court or the traffic violations

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bureau shall supply the department with a magnetically encoded

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computer tape reel or cartridge or send by other electronic means

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data that is machine readable by the installed computer system at

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the department, listing persons who have any outstanding

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violations of s. 316.1955 or any similar local ordinance that

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regulates parking in spaces designated for use by persons who

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have disabilities. The department shall mark the appropriate

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registration records of persons who are so reported. Section

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320.03(8) applies to each person whose name appears on the list.

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     Section 6.  Subsection (8) of section 320.03, Florida

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Statutes, reads:

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     320.03  Registration; duties of tax collectors;

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International Registration Plan.--

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     (8)  If the applicant's name appears on the list referred to

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in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license

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plate or revalidation sticker may not be issued until that

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person's name no longer appears on the list or until the person

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presents a receipt from the clerk showing that the fines

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outstanding have been paid. This subsection does not apply to the

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owner of a leased vehicle if the vehicle is registered in the

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name of the lessee of the vehicle. The tax collector and the

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clerk of the court are each entitled to receive monthly, as costs

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for implementing and administering this subsection, 10 percent of

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the civil penalties and fines recovered from such persons. As

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used in this subsection, the term "civil penalties and fines"

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does not include a wrecker operator's lien as described in s.

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713.78(13). If the tax collector has private tag agents, such tag

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agents are entitled to receive a pro rata share of the amount

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paid to the tax collector, based upon the percentage of license

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plates and revalidation stickers issued by the tag agent compared

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to the total issued within the county. The authority of any

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private agent to issue license plates shall be revoked, after

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notice and a hearing as provided in chapter 120, if he or she

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issues any license plate or revalidation sticker contrary to the

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provisions of this subsection. This section applies only to the

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annual renewal in the owner's birth month of a motor vehicle

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registration and does not apply to the transfer of a registration

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of a motor vehicle sold by a motor vehicle dealer licensed under

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this chapter, except for the transfer of registrations which is

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inclusive of the annual renewals. This section does not affect

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the issuance of the title to a motor vehicle, notwithstanding s.

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319.23(7)(b).

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     Section 7.  Section 322.264, Florida Statutes, is amended to

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read:

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     322.264  "Habitual traffic offender" defined.--A "habitual

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traffic offender" is any person whose record, as maintained by

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the Department of Highway Safety and Motor Vehicles, shows that

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such person has accumulated the specified number of convictions

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for offenses described in subsection (1) or subsection (2) within

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a 5-year period or the specified number of convictions for

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offenses described in subsection (3) within a 3-year period:

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     (1)  Three or more convictions of any one or more of the

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following offenses arising out of separate acts:

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     (a)  Voluntary or involuntary manslaughter resulting from

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the operation of a motor vehicle;

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     (b)  Any violation of s. 316.193, former s. 316.1931, or

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former s. 860.01;

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     (c)  Any felony in the commission of which a motor vehicle

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is used;

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     (d)  Driving a motor vehicle while his or her license is

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suspended or revoked;

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     (e)  Failing to stop and render aid as required under the

377

laws of this state in the event of a motor vehicle crash

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resulting in the death or personal injury of another; or

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     (f)  Driving a commercial motor vehicle while his or her

380

privilege is disqualified.

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     (2)  Fifteen convictions for moving traffic offenses for

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which points may be assessed as set forth in s. 322.27, including

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those offenses in subsection (1).

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     (3) Three convictions under s. 316.075 for a violation of a

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traffic control signal steady red light indication.

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Any violation of any federal law, any law of another state or

388

country, or any valid ordinance of a municipality or county of

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another state similar to a statutory prohibition specified in

390

subsection (1), or subsection (2), or subsection (3) shall be

391

counted as a violation of such prohibition. In computing the

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number of convictions, all convictions during the 5 years

393

previous to July 1, 1972, will be used, provided at least one

394

conviction occurs after that date. In computing the number of

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convictions for offenses listed in subsection (3), all

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convictions during the 3 years preceding July 1, 2008, will be

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used, provided at least one conviction occurs after that date.

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The fact that previous convictions may have resulted in

399

suspension, revocation, or disqualification under another section

400

does not exempt them from being used for suspension or revocation

401

under this section as a habitual offender.

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     Section 8.  For the purpose of incorporating the amendment

403

made by this act to section 322.264, Florida Statutes, in a

404

reference thereto, subsection (5) of section 322.27, Florida

405

Statutes, is reenacted to read:

406

     322.27  Authority of department to suspend or revoke

407

license.--

408

     (5)  The department shall revoke the license of any person

409

designated a habitual offender, as set forth in s. 322.264, and

410

such person shall not be eligible to be relicensed for a minimum

411

of 5 years from the date of revocation, except as provided for in

412

s. 322.271. Any person whose license is revoked may, by petition

413

to the department, show cause why his or her license should not

414

be revoked.

415

     Section 9.  For the purpose of incorporating the amendment

416

made by this act to section 322.264, Florida Statutes, in

417

references thereto, subsections (1), (2), and (5) and paragraph

418

(a) of subsection (8) of section 322.34, Florida Statutes, are

419

reenacted to read:

420

     322.34  Driving while license suspended, revoked, canceled,

421

or disqualified.--

422

     (1)  Except as provided in subsection (2), any person whose

423

driver's license or driving privilege has been canceled,

424

suspended, or revoked, except a "habitual traffic offender" as

425

defined in s. 322.264, who drives a vehicle upon the highways of

426

this state while such license or privilege is canceled,

427

suspended, or revoked is guilty of a moving violation, punishable

428

as provided in chapter 318.

429

     (2)  Any person whose driver's license or driving privilege

430

has been canceled, suspended, or revoked as provided by law,

431

except persons defined in s. 322.264, who, knowing of such

432

cancellation, suspension, or revocation, drives any motor vehicle

433

upon the highways of this state while such license or privilege

434

is canceled, suspended, or revoked, upon:

435

     (a)  A first conviction is guilty of a misdemeanor of the

436

second degree, punishable as provided in s. 775.082 or s.

437

775.083.

438

     (b)  A second conviction is guilty of a misdemeanor of the

439

first degree, punishable as provided in s. 775.082 or s. 775.083.

440

     (c)  A third or subsequent conviction is guilty of a felony

441

of the third degree, punishable as provided in s. 775.082, s.

442

775.083, or s. 775.084.

443

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The element of knowledge is satisfied if the person has been

445

previously cited as provided in subsection (1); or the person

446

admits to knowledge of the cancellation, suspension, or

447

revocation; or the person received notice as provided in

448

subsection (4). There shall be a rebuttable presumption that the

449

knowledge requirement is satisfied if a judgment or order as

450

provided in subsection (4) appears in the department's records

451

for any case except for one involving a suspension by the

452

department for failure to pay a traffic fine or for a financial

453

responsibility violation.

454

     (5)  Any person whose driver's license has been revoked

455

pursuant to s. 322.264 (habitual offender) and who drives any

456

motor vehicle upon the highways of this state while such license

457

is revoked is guilty of a felony of the third degree, punishable

458

as provided in s. 775.082, s. 775.083, or s. 775.084.

459

     (8)(a)  Upon the arrest of a person for the offense of

460

driving while the person's driver's license or driving privilege

461

is suspended or revoked, the arresting officer shall determine:

462

     1.  Whether the person's driver's license is suspended or

463

revoked.

464

     2.  Whether the person's driver's license has remained

465

suspended or revoked since a conviction for the offense of

466

driving with a suspended or revoked license.

467

     3.  Whether the suspension or revocation was made under s.

468

316.646 or s. 627.733, relating to failure to maintain required

469

security, or under s. 322.264, relating to habitual traffic

470

offenders.

471

     4.  Whether the driver is the registered owner or coowner of

472

the vehicle.

473

     Section 10. If any provision of this act or its application

474

to any person or circumstance is held invalid, the invalidity

475

does not affect other provisions or applications of this act

476

which can be given effect without the invalid provision or

477

application, and to this end the provisions of this act are

478

severable.

479

     Section 11.  This act shall take effect upon becoming a law.