Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for CS for SB 2004 Barcode 177922 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/21/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Policy and Steering Committee on Ways and Means (Altman) recommended the following: 1 Senate Substitute for Amendment (106626) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (86) is added to section 316.003, 7 Florida Statutes, to read: 8 316.003 Definitions.—The following words and phrases, when 9 used in this chapter, shall have the meanings respectively 10 ascribed to them in this section, except where the context 11 otherwise requires: 12 (86) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor 13 installed to work in conjunction with a traffic control signal 14 and a camera or cameras synchronized to automatically record two 15 or more sequenced photographic or electronic images or streaming 16 video of only the rear of a motor vehicle at the time the 17 vehicle fails to stop behind the stop bar or clearly marked stop 18 line when facing a traffic control signal steady red light. Any 19 citation issued by the use of a traffic infraction detector must 20 include a photograph or other recorded image showing both the 21 license tag of the offending vehicle and the traffic control 22 device being violated. 23 Section 2. Section 316.0076, Florida Statutes, is created 24 to read: 25 316.0076 Regulation and use of cameras.—Regulation and use 26 of cameras for enforcing the provisions of this chapter are 27 expressly preempted to the state. 28 Section 3. Section 316.0083, Florida Statutes, is created 29 to read: 30 316.0083 Mark Wandall Traffic Safety Program; 31 administration; report.— 32 (1) The department may use traffic infraction detectors to 33 enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails 34 to stop at a traffic signal on the State Highway System as 35 defined in s. 334.03. 36 (2) Counties and municipalities may use traffic infraction 37 detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a 38 driver fails to stop at a traffic signal on any highways, 39 streets or roads located within their boundaries, except the 40 State Highway System. 41 (3)(a) For purposes of administering this section, the 42 department, counties, or municipalities may by rule or ordinance 43 authorize a traffic infraction enforcement officer to issue a 44 uniform traffic citation for a violation of s. 316.074(1) or s. 45 316.075(1)(c)1. The term “traffic infraction enforcement 46 officer” means the designee of the department, county or 47 municipality who is authorized to enforce s. 316.074(1) or s. 48 316.075(1)(c)1. when a driver fails to stop at a traffic signal. 49 The department, county or municipality may designate traffic 50 infraction enforcement officers pursuant to s. 316.640(1). 51 (b) A citation issued under this section shall be issued by 52 mailing the citation by certified mail, return receipt 53 requested, to the address of the registered owner of the motor 54 vehicle involved in the violation. In the case of joint 55 ownership of a motor vehicle, the traffic citation shall be 56 mailed to the first name appearing on the registration, unless 57 the first name appearing on the registration is a business 58 organization, in which case the second name appearing on the 59 registration may be used. The citation must be mailed to the 60 registered owner of the motor vehicle involved in the violation 61 within 7 business days after the date of the violation. In 62 addition to the citation, notification must be sent to the 63 registered owner of the motor vehicle involved in the violation 64 specifying remedies available under s. 318.18(15). 65 (c) 1. The owner of the motor vehicle involved in the 66 violation is responsible and liable for paying the citation 67 issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. 68 when the driver failed to stop at a traffic signal, unless the 69 owner can establish that: 70 a. The motor vehicle passed through the intersection in 71 order to yield right-of-way to an emergency vehicle or as part 72 of a funeral procession; 73 b. The motor vehicle passed through the intersection at the 74 direction of a law enforcement officer; 75 c. The motor vehicle passed through the intersection due to 76 a medical emergency; 77 d. The motor vehicle was, at the time of the violation, in 78 the care, custody, or control of another person; or 79 e. A uniform traffic citation was issued by a law 80 enforcement officer to the driver of the motor vehicle for the 81 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1. 82 2. In order to establish such facts, the owner of the motor 83 vehicle shall, within 30 days after the date of issuance of the 84 citation, furnish to the appropriate governmental entity an 85 affidavit setting forth detailed information supporting an 86 exemption as provided in this paragraph. 87 a. Affidavits supporting exemptions under sub-subparagraph 88 1.d must include the name, address, date of birth, and, if 89 known, the driver’s license number of the person who leased, 90 rented, or otherwise had care, custody, or control of the motor 91 vehicle at the time of the alleged violation. If the vehicle was 92 stolen at the time of the alleged offense, the affidavit must 93 include the police report indicating that the vehicle was 94 stolen. 95 b. If a citation for a violation of s. 316.074(1) or s. 96 316.075(1)(c)1. was issued at the location of the violation by a 97 law enforcement officer, the serial number of the uniform 98 traffic citation. 99 c. Upon receipt of an affidavit, the person designated as 100 having care, custody, and control of the motor vehicle at the 101 time of the violation may be issued a citation for a violation 102 of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to 103 stop at a traffic signal. The affidavit is admissible in a 104 proceeding pursuant to this section for the purpose of providing 105 proof that the person identified in the affidavit was in actual 106 care, custody, or control of the motor vehicle. The owner of a 107 leased vehicle for which a citation is issued for a violation of 108 s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to 109 stop at a traffic signal is not responsible for paying the 110 citation and is not required to submit an affidavit as specified 111 in this subsection if the motor vehicle involved in the 112 violation is registered in the name of the lessee of such motor 113 vehicle. 114 (d) A written report of a traffic infraction enforcement 115 officer, along with photographic or electronic images or 116 streaming video evidence that a violation of s. 316.074(1) or s. 117 316.075(1)(c)1. when the driver failed to stop at a traffic 118 signal has occurred, is admissible in any proceeding to enforce 119 this section and raises a rebuttable presumption that the motor 120 vehicle named in the report or shown in the photographic or 121 electronic images or streaming video evidence was used in 122 violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver 123 failed to stop at a traffic signal. 124 (4) The submission of a false affidavit is a misdemeanor of 125 the second degree, punishable as provided in s. 775.082 or s. 126 775.083. 127 (5) This section supplements the enforcement of s. 128 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers 129 when a driver fails to stop at a traffic signal, and this 130 section does not prohibit a law enforcement officer from issuing 131 a citation for a violation of s. 316.074(1) or s. 132 316.075(1)(c)1. when a driver fails to stop at a traffic signal 133 in accordance with normal traffic-enforcement techniques. 134 (6)(a) Each county or municipality that operates a traffic 135 infraction detector shall submit an annual report to the 136 department which details the results of using the traffic 137 infraction detector and the procedures for enforcement. The 138 information submitted by the counties and municipalities must 139 include statistical data and information required by the 140 department to complete the report and be submitted no later than 141 90 days prior to the due date of the annual report. 142 (b) The department shall provide an annual summary report 143 to the Governor, the President of the Senate, and the Speaker of 144 the House of Representatives regarding the use and operation of 145 traffic infraction detectors under this section. The summary 146 report must include a review of the information submitted to the 147 department by the counties and municipalities and must describe 148 the enhancement of the traffic safety and enforcement programs. 149 The department shall report its recommendations, including any 150 necessary legislation, on or before December 1, 2010, to the 151 Governor, the President of the Senate, and the Speaker of the 152 House of Representatives. 153 (7) Any governmental entity may supply the department with 154 data that is machine readable by the department's computer 155 system, listing persons who have one or more outstanding 156 violations of this section. Pursuant to s. 320.03(8), those 157 persons may not be issued a license plate or revalidation 158 sticker for any motor vehicle. 159 Section 4. Subsection (6) of section 316.0745, Florida 160 Statutes, is amended to read: 161 316.0745 Uniform signals and devices.— 162 (6)(a) Any system of traffic control devices controlled and 163 operated from a remote location by electronic computers or 164 similar devices mustshallmeet all requirements established for 165 the uniform system, and, ifwheresuch a system affectssystems166affectthe movement of traffic on state roads, the design of the 167 system mustshallbe reviewed and approved by the Department of 168 Transportation. 169 (b) Any traffic infraction detector deployed on the 170 highways, streets and roads of the state must meet 171 specifications established by the Department of Transportation 172 and must be tested at regular intervals according to procedures 173 prescribed by that department. However, any such equipment 174 acquired by purchase, lease, or other arrangement under an 175 agreement entered into by a county or municipality before the 176 effective date of this act or equipment used to enforce an 177 ordinance enacted by a county or municipality before the 178 effective date of this act is not required to meet the 179 specifications established by the Department of Transportation 180 until September 30, 2010 181 Section 5. Section 316.0776, Florida Statutes, is created 182 to read: 183 316.0776 Traffic infraction detectors; placement and 184 installation.—Placement and installation of traffic infraction 185 detectors is allowed on the State Highway System, county roads, 186 and municipal streets under specifications developed by the 187 Department of Transportation, so long as safety and operation of 188 the road facility is not impaired. 189 Section 6. Paragraph (b) of subsection (1) of section 190 316.640, Florida Statutes, is amended to read: 191 316.640 Enforcement.—The enforcement of the traffic laws of 192 this state is vested as follows: 193 (1) STATE.— 194 (b)1. The Department of Transportation has authority to 195 enforce on all the streets and highways of this state all laws 196 applicable within its authority. 197 2.a. The Department of Transportation shall develop 198 training and qualifications standards for toll enforcement 199 officers whose sole authority is to enforce the payment of tolls 200 pursuant to s. 316.1001. Nothing in this subparagraph shall be 201 construed to permit the carrying of firearms or other weapons, 202 nor shall a toll enforcement officer have arrest authority. 203 b. For the purpose of enforcing s. 316.1001, governmental 204 entities, as defined in s. 334.03, which own or operate a toll 205 facility may employ independent contractors or designate 206 employees as toll enforcement officers; however, any such toll 207 enforcement officer must successfully meet the training and 208 qualifications standards for toll enforcement officers 209 established by the Department of Transportation. 210 3.a The department shall develop training and 211 qualifications standards for traffic infraction enforcement 212 officers whose sole authority is to enforce s. 316.074(1) or s. 213 316.075(1)(c)1. when a driver fails to stop at a traffic signal 214 pursuant to s. 316.0083. This subparagraph does not authorize 215 the carrying of firearms or other weapons by a traffic 216 infraction enforcement officer and does not authorize a traffic 217 infraction enforcement officer to make arrests. 218 b. For the purpose of enforcing s. 316.0083, the 219 department, counties or municipalities may employ independent 220 contractors or designate employees as traffic infraction 221 enforcement officers; however, any such traffic infraction 222 enforcement officer must successfully meet the training and 223 qualifications standards for traffic infraction enforcement 224 officers established by the department. 225 Section 7. Subsection (3) of section 316.650, Florida 226 Statutes, is amended to read: 227 316.650 Traffic citations.— 228 (3)(a) Except for a traffic citation issued pursuant to s. 229 316.1001 and s. 316.0083, each traffic enforcement officer, upon 230 issuing a traffic citation to an alleged violator of any 231 provision of the motor vehicle laws of this state or of any 232 traffic ordinance of any municipality or town, shall deposit the 233 original traffic citation or, in the case of a traffic 234 enforcement agency that has an automated citation issuance 235 system, the chief administrative officer shall provide by an 236 electronic transmission a replica of the citation data to a 237 court having jurisdiction over the alleged offense or with its 238 traffic violations bureau within 5 days after issuance to the 239 violator. 240 (b) If a traffic citation is issued pursuant to s. 241 316.1001, a traffic enforcement officer may deposit the original 242 traffic citation or, in the case of a traffic enforcement agency 243 that has an automated citation system, may provide by an 244 electronic transmission a replica of the citation data to a 245 court having jurisdiction over the alleged offense or with its 246 traffic violations bureau within 45 days after the date of 247 issuance of the citation to the violator. If the person cited 248 for the violation of s. 316.1001 makes the election provided by 249 s. 318.14(12) and pays the $25 fine, or such other amount as 250 imposed by the governmental entity owning the applicable toll 251 facility, plus the amount of the unpaid toll that is shown on 252 the traffic citation directly to the governmental entity that 253 issued the citation, or on whose behalf the citation was issued, 254 in accordance with s. 318.14(12), the traffic citation will not 255 be submitted to the court, the disposition will be reported to 256 the department by the governmental entity that issued the 257 citation, or on whose behalf the citation was issued, and no 258 points will be assessed against the person’s driver’s license. 259 (c) If a traffic citation is issued under s. 316.0083, the 260 traffic infraction enforcement officer shall provide by 261 electronic transmission a replica of the citation data to the 262 court having jurisdiction over the alleged offense or its 263 traffic violations bureau within 5 business days after the date 264 of issuance of the citation to the violator. 265 Section 8. Subsection (2) of section 318.14, Florida 266 Statutes, is amended to read: 267 318.14 Noncriminal traffic infractions; exception; 268 procedures.— 269 (2) Except as provided in s. 316.1001(2) and s. 270 316.0083(3), any person cited for an infraction under this 271 section must sign and accept a citation indicating a promise to 272 appear. The officer may indicate on the traffic citation the 273 time and location of the scheduled hearing and must indicate the 274 applicable civil penalty established in s. 318.18. 275 Section 9. Subsection (15) of section 318.18, Florida 276 Statutes, is amended to read: 277 318.18 Amount of penalties.—The penalties required for a 278 noncriminal disposition pursuant to s. 318.14 or a criminal 279 offense listed in s. 318.17 are as follows: 280 (15)(a) One hundred fiftytwenty-fivedollars for a 281 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 282 has failed to stop at a traffic signal and when enforced by a 283 law enforcement officer. Sixty dollars shall be distributed as 284 provided in s. 318.21, $25 shall be distributed to the General 285 Revenue Fund, and the remaining $65 shall be remitted to the 286 Department of Revenue for deposit into the Administrative Trust 287 Fund of the Department of Health. 288 (b) One Hundred Fifty dollars for a violation of s. 289 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 290 stop at a traffic signal and when enforced by the department's 291 traffic infraction enforcement officer shall be distributed to 292 the General Revenue Fund. 293 (c) One Hundred Fifty dollars for a violation of s. 294 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 295 stop at a traffic signal and when enforced by a county or 296 municipality's traffic infraction enforcement officer. Seventy 297 dollars shall be distributed to the county or municipality 298 issuing the citation and the remaining $80 shall be distributed 299 to the General Revenue Fund. 300 (d) If a person who is cited for a violation of s. 301 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic 302 infraction enforcement officer under s. 316.0083, presents 303 documentation from the appropriate governmental entity that the 304 uniform traffic citation was in error, the clerk of court may 305 dismiss the case. The clerk of court shall not charge for this 306 service. 307 Section 10. Paragraph (d) of subsection (3) of section 308 322.27, Florida Statutes, is amended to read: 309 322.27 Authority of department to suspend or revoke 310 license.— 311 (3) There is established a point system for evaluation of 312 convictions of violations of motor vehicle laws or ordinances, 313 and violations of applicable provisions of s. 403.413(6)(b) when 314 such violations involve the use of motor vehicles, for the 315 determination of the continuing qualification of any person to 316 operate a motor vehicle. The department is authorized to suspend 317 the license of any person upon showing of its records or other 318 good and sufficient evidence that the licensee has been 319 convicted of violation of motor vehicle laws or ordinances, or 320 applicable provisions of s. 403.413(6)(b), amounting to 12 or 321 more points as determined by the point system. The suspension 322 shall be for a period of not more than 1 year. 323 (d) The point system shall have as its basic element a 324 graduated scale of points assigning relative values to 325 convictions of the following violations: 326 1. Reckless driving, willful and wanton—4 points. 327 2. Leaving the scene of a crash resulting in property 328 damage of more than $50—6 points. 329 3. Unlawful speed resulting in a crash—6 points. 330 4. Passing a stopped school bus—4 points. 331 5. Unlawful speed: 332 a. Not in excess of 15 miles per hour of lawful or posted 333 speed—3 points. 334 b. In excess of 15 miles per hour of lawful or posted 335 speed—4 points. 336 6. A violation of a traffic control signal device as 337 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 338 However, no points shall be imposed for a violation of s. 339 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 340 stop at a traffic signal and when enforced by a traffic 341 infraction enforcement officer. 342 7. All other moving violations (including parking on a 343 highway outside the limits of a municipality)—3 points. However, 344 no points shall be imposed for a violation of s. 316.0741 or s. 345 316.2065(12). 346 8. Any moving violation covered above, excluding unlawful 347 speed, resulting in a crash—4 points. 348 9. Any conviction under s. 403.413(6)(b)—3 points. 349 10. Any conviction under s. 316.0775(2)—4 points. 350 Section 11. If any provision of this act or its application 351 to any person or circumstance is held invalid, the invalidity 352 does not affect other provisions or applications of this act 353 which can be given effect without the invalid provision or 354 application, and to this end the provisions of this act are 355 severable. 356 Section 12. This act shall take effect upon becoming a law. 357 358 ================= T I T L E A M E N D M E N T ================ 359 And the title is amended as follows: 360 Delete everything before the enacting clause 361 and insert: 362 A bill to be entitled 363 An act relating to uniform traffic control; amending s. 364 316.003, F.S.; defining the term “traffic infraction detector”; 365 creating s. 316.0076, F.S.; preempting to the state the use of 366 cameras to enforce traffic laws; creating s. 316.0083, F.S.; 367 creating the Mark Wandall Traffic Safety Program; authorizing 368 the Department of Highway Safety and Motor Vehicles, a county or 369 municipality to use a traffic infraction detector to identify a 370 motor vehicle that fails to stop at a traffic control signal 371 steady red light; requiring authorization of a traffic 372 infraction enforcement officer to issue and enforce a citation 373 for such violation; providing exemptions from citations; 374 providing procedures for disposition and enforcement of 375 citations; providing certain evidence is admissible for 376 enforcement; providing penalties for submission of a false 377 affidavit; providing this section does not preclude the issuance 378 of citations by law enforcement officers; establishing a fine of 379 a certain amount; providing for disposition of revenue 380 collected; providing for the Legislature to exclude a county or 381 municipality from the program; requiring reports from 382 participating municipalities and counties to the department; 383 requiring the department to make reports to the Governor and the 384 Legislature; providing certain persons may not be issued a 385 license plate or revalidation sticker; amending s. 316.0745, 386 F.S.; providing that traffic infraction detectors must meet 387 certain specifications; providing for preexisting equipment; 388 creating s. 316.0776, F.S.; providing for placement and 389 installation of detectors on certain roads; amending s. 316.640, 390 F.S.; requiring the Department of Highway Safety and Motor 391 Vehicles to develop training and qualification standards for 392 traffic infraction enforcement officers; amending s. 316.650, 393 F.S., providing an exception; requiring a traffic enforcement 394 agency to provide a replica of the citation data by electronic 395 transmission under certain conditions; amending s. 318.14, F.S., 396 providing a exception from requiring a person cited for an 397 infraction for failing to stop at a traffic control signal 398 steady red light to sign and accept a citation indicating a 399 promise to appear; amending s. 318.18, F.S.; increasing certain 400 fines; providing for penalties for infractions enforced by a 401 traffic infraction enforcement officer; providing for 402 distribution of fines; allowing the clerk of court to dismiss 403 certain cases upon receiving documentation the uniform traffic 404 citation was issued in error; amending s. 322.27, F.S.; 405 providing no points may be assessed against the drivers license 406 for infractions enforced by a traffic infraction enforcement 407 officer; providing for severability; providing an effective 408 date.