Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2004
       
       
       
       
       
       
                                Barcode 976272                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on Criminal Justice (Deutch) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 97 - 447
    4  and insert:
    5         conform to any contract specifications adopted by the
    6  Department of Transportation under s. 316.0776. A county or
    7  municipality that operates a traffic infraction detector must
    8  authorize a traffic infraction enforcement officer or a code
    9  enforcement officer to issue a ticket for a violation of s.
   10  316.075(1)(c) and to enforce the payment of the ticket for such
   11  violation. This paragraph does not authorize a traffic
   12  infraction enforcement officer or a code enforcement officer to
   13  carry a firearm or other weapon and does not authorize such an
   14  officer to make arrests. The ordinance must require signs to be
   15  posted at locations designated by the county or municipality
   16  providing notification that a traffic infraction detector may be
   17  in use. Such signage must conform to any specifications adopted
   18  by the Department of Transportation under s. 316.0745. The
   19  ordinance may provide for the county or municipality to install,
   20  maintain, and operate traffic infraction detectors on right-of
   21  way owned or maintained by the Department of Transportation or
   22  on right-of-way owned or maintained by the county or
   23  municipality in which the traffic infraction detector is to be
   24  installed. The ordinance must also require that the county or
   25  municipality make a public announcement and conduct a public
   26  awareness campaign of the proposed use of traffic infraction
   27  detectors at least 30 days before commencing the enforcement
   28  program. In addition, the ordinance must establish a fine of
   29  $150 to be assessed against the registered owner of a motor
   30  vehicle that fails to stop when facing a traffic control signal
   31  steady red light as determined through the use of a traffic
   32  infraction detector. Any other provision of law to the contrary
   33  notwithstanding, an additional surcharge, fee, or cost may not
   34  be added to the civil penalty authorized by this paragraph.
   35         (b)When responding to an emergency call, an emergency
   36  vehicle is exempt from any ordinance enacted under this section.
   37         (c)A county or municipality must adopt an ordinance under
   38  this section which provides for the use of a traffic infraction
   39  detector in order to impose a fine on the registered owner of a
   40  motor vehicle for a violation of s. 316.075(1)(c). The fine
   41  shall be imposed in the same manner and is subject to the same
   42  limitations as provided for parking violations under s.
   43  316.1967. Except as specifically provided in this section,
   44  chapter 318 and s. 322.27 do not apply to a violation of s.
   45  316.075(1)(c) for which a ticket has been issued under an
   46  ordinance enacted pursuant to this section. Enforcement of a
   47  ticket issued under the ordinance is not a conviction of the
   48  operator of the motor vehicle, may not be made a part of the
   49  driving record of the operator, and may not be used for purposes
   50  of setting motor vehicle insurance rates. Points under s. 322.27
   51  may not be assessed based upon such enforcement.
   52         (d)The procedures set forth in s. 316.1967(2)-(5) apply to
   53  an ordinance enacted pursuant to this section, except that the
   54  ticket must contain the name and address of the person alleged
   55  to be liable as the registered owner of the motor vehicle
   56  involved in the violation, the license plate number of the motor
   57  vehicle, the violation charged, a copy of the photographic image
   58  or images evidencing the violation, the location where the
   59  violation occurred, the date and time of the violation,
   60  information that identifies the device that recorded the
   61  violation, and a signed statement by a specifically trained
   62  technician employed by the agency or its contractor that, based
   63  on inspection of photographs or other recorded images, the motor
   64  vehicle was being operated in violation of s. 316.075(1)(c). The
   65  ticket must advise the registered owner of the motor vehicle
   66  involved in the violation of the amount of the fine, the date by
   67  which the fine must be paid, and the procedure for contesting
   68  the violation alleged in the ticket. The ticket must contain a
   69  warning that failure to contest the violation in the manner and
   70  time provided is deemed an admission of the liability and that a
   71  default may be entered thereon. The violation shall be processed
   72  by the county or municipality that has jurisdiction over the
   73  street or highway where the violation occurred or by any entity
   74  authorized by the county or municipality to prepare and mail the
   75  ticket.
   76         (e)The ticket shall be sent by first-class mail addressed
   77  to the registered owner of the motor vehicle and postmarked no
   78  later than 30 days after the date of the violation.
   79         (f)1.The registered owner of the motor vehicle involved in
   80  a violation is responsible and liable for payment of the fine
   81  assessed under this section unless the owner can establish that:
   82         a.The motor vehicle passed through the intersection in
   83  order to yield right-of-way to an emergency vehicle or as part
   84  of a funeral procession;
   85         b.The motor vehicle passed through the intersection at the
   86  direction of a law enforcement officer;
   87         c.The motor vehicle was stolen at the time of the alleged
   88  violation;
   89         d.A uniform traffic citation was issued to the driver of
   90  the motor vehicle for the alleged violation of s. 316.075(1)(c);
   91  or
   92         e.The motor vehicle passed through the intersection due to
   93  a medical emergency.
   94         2.In order to establish any such fact, the registered
   95  owner of the vehicle must, within 30 days after receipt of
   96  notification of the alleged violation, furnish to the county or
   97  municipality, as appropriate, an affidavit that sets forth
   98  detailed information supporting an exemption as provided in sub
   99  subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
  100  sub-subparagraph 1.d., or sub-subparagraph 1.e. For an exemption
  101  under sub-subparagraph 1.c., the affidavit must set forth that
  102  the vehicle was stolen and be accompanied by a copy of the
  103  police report indicating that the vehicle was stolen at the time
  104  of the alleged violation. For an exemption under sub
  105  subparagraph 1.d., the affidavit must set forth that a citation
  106  was issued and be accompanied by a copy of the citation
  107  indicating the time of the alleged violation and the location of
  108  the intersection where it occurred.
  109         (g)A person may contest the determination that the person
  110  failed to stop at a traffic control signal steady red light as
  111  evidenced by a traffic infraction detector by electing to appear
  112  before any official authorized by law to preside over a hearing
  113  that adjudicates traffic infractions. A person who elects to
  114  appear at such hearing to present evidence is deemed to have
  115  waived the limitation of civil penalties imposed for the
  116  violation. The official, after hearing, shall determine whether
  117  the violation was committed and may impose a civil penalty not
  118  to exceed $150, and shall order the registered owner of the
  119  motor vehicle to attend a basic driver improvement course if the
  120  official finds that a violation was committed. The official may
  121  take measures to enforce the collection of any penalty not paid
  122  within the time permitted.
  123         (h)A certificate sworn to or affirmed by a person
  124  authorized under this section who is employed by or under
  125  contract with the county or municipality where the infraction
  126  occurred, or a facsimile thereof, that is based upon inspection
  127  of photographs or other recorded images produced by a traffic
  128  infraction detector, is prima facie evidence of the facts
  129  contained in the certificate. A photograph or other recorded
  130  image evidencing a violation of s. 316.075(1)(c) must be
  131  available for inspection in any proceeding to adjudicate
  132  liability under an ordinance enacted pursuant to this section.
  133         (i)In any county or municipality in which tickets are
  134  issued as provided in this section, the names of persons who
  135  have one or more outstanding violations may be included on the
  136  list authorized under s. 316.1967(6).
  137         (2)Of the fine imposed pursuant to paragraph (1)(a) or
  138  paragraph (1)(g), one-fifth shall be remitted by the county or
  139  municipality to the clerk of the county court for distribution
  140  as provided in s. 318.21, one-fifth shall be remitted to the
  141  Department of Revenue for deposit into the Department of Health
  142  Administrative Trust Fund, and three-fifths shall be retained by
  143  the county or municipality enforcing the ordinance enacted
  144  pursuant to this section. Funds deposited into the Department of
  145  Health Administrative Trust Fund under this subsection shall be
  146  distributed as provided in s. 395.4036(1).
  147         (3)A complaint that a county or municipality is employing
  148  traffic infraction detectors for purposes other than the
  149  promotion of public health, welfare, and safety or in a manner
  150  inconsistent with this section may be submitted to the governing
  151  body of such county or municipality. Such complaints, along with
  152  any investigation and corrective action taken by the county or
  153  municipal governing body, shall be included in the annual report
  154  to the department and in the department’s annual summary report
  155  to the Governor, the President of the Senate, and the Speaker of
  156  the House Representatives, as required by this section. Based on
  157  its review of the report, the Legislature may exclude a county
  158  or municipality from further participation in the program.
  159         (4)(a)Each county or municipality that operates a traffic
  160  infraction detector shall submit an annual report to the
  161  department which details the results of using the traffic
  162  infraction detector and the procedures for enforcement.
  163         (b)The department shall provide an annual summary report
  164  to the Governor, the President of the Senate, and the Speaker of
  165  the House of Representatives regarding the use and operation of
  166  traffic infraction detectors under this section. The summary
  167  report must include a review of the information submitted to the
  168  department by the counties and municipalities and must describe
  169  the enhancement of the traffic safety and enforcement programs.
  170  The department shall report its recommendations, including any
  171  necessary legislation, on or before December 1, 2010, to the
  172  Governor, the President of the Senate, and the Speaker of the
  173  House of Representatives.
  174         Section 5. Subsection (6) of section 316.0745, Florida
  175  Statutes, is amended to read:
  176         316.0745 Uniform signals and devices.—
  177         (6)(a) Any system of traffic control devices controlled and
  178  operated from a remote location by electronic computers or
  179  similar devices must shall meet all requirements established for
  180  the uniform system, and, if where such a system affects systems
  181  affect the movement of traffic on state roads, the design of the
  182  system must shall be reviewed and approved by the Department of
  183  Transportation; however, any such equipment acquired by
  184  purchase, lease, or other arrangement under an agreement entered
  185  into by a county or municipality before the effective date of
  186  this act or equipment used to enforce an ordinance enacted by a
  187  county or municipality before the effective date of this act is
  188  not required to meet the specifications established for the
  189  uniform system until September 30, 2010.
  190         (b)Any traffic infraction detector deployed on the streets
  191  and highways of the state must meet specifications established
  192  by the Department of Transportation and must be tested at
  193  regular intervals according to procedures prescribed by that
  194  department.
  195         Section 6. Section 316.0776, Florida Statutes, is created
  196  to read:
  197         316.0776Traffic infraction detectors; placement and
  198  installation.—Placement and installation of traffic infraction
  199  detectors is allowed on the State Highway System, county roads,
  200  and municipal streets under specifications developed by the
  201  Department of Transportation, so long as safety and operation of
  202  the road facility is not impaired.
  203         Section 7. Section 316.1967, Florida Statutes, is amended
  204  to read:
  205         316.1967 Liability for payment of parking ticket violations
  206  and other parking violations.—
  207         (1) The owner of a vehicle is responsible and liable for
  208  payment of any parking ticket violation unless the owner can
  209  furnish evidence, when required by this subsection, that the
  210  vehicle was, at the time of the parking violation, in the care,
  211  custody, or control of another person. In such instances, the
  212  owner of the vehicle is required, within a reasonable time after
  213  notification of the parking violation, to furnish to the
  214  appropriate law enforcement authorities an affidavit setting
  215  forth the name, address, and driver’s license number of the
  216  person who leased, rented, or otherwise had the care, custody,
  217  or control of the vehicle. The affidavit submitted under this
  218  subsection is admissible in a proceeding charging a parking
  219  ticket violation and raises the rebuttable presumption that the
  220  person identified in the affidavit is responsible for payment of
  221  the parking ticket violation. The owner of a vehicle is not
  222  responsible for a parking ticket violation if the vehicle
  223  involved was, at the time, stolen or in the care, custody, or
  224  control of some person who did not have permission of the owner
  225  to use the vehicle. The owner of a leased vehicle is not
  226  responsible for a parking ticket violation and is not required
  227  to submit an affidavit or the other evidence specified in this
  228  section, if the vehicle is registered in the name of the person
  229  who leased the vehicle.
  230         (2) Any person who is issued a county or municipal parking
  231  ticket by a parking enforcement specialist or officer is deemed
  232  to be charged with a noncriminal violation and shall comply with
  233  the directions on the ticket. If payment is not received or a
  234  response to the ticket is not made within the time period
  235  specified thereon, the county court or its traffic violations
  236  bureau shall notify the registered owner of the vehicle that was
  237  cited, or the registered lessee when the cited vehicle is
  238  registered in the name of the person who leased the vehicle, by
  239  mail to the address given on the motor vehicle registration, of
  240  the ticket. Mailing the notice to this address constitutes
  241  notification. Upon notification, the registered owner or
  242  registered lessee shall comply with the court’s directive.
  243         (3) Any person who fails to satisfy the court’s directive
  244  waives his or her right to pay the applicable civil penalty.
  245         (4) Any person who elects to appear before a designated
  246  official to present evidence waives his or her right to pay the
  247  civil penalty provisions of the ticket. The official, after a
  248  hearing, shall make a determination as to whether a parking
  249  violation has been committed and may impose a civil penalty not
  250  to exceed $100 or the fine amount designated by county
  251  ordinance, plus court costs. Any person who fails to pay the
  252  civil penalty within the time allowed by the court is deemed to
  253  have been convicted of a parking ticket violation, and the court
  254  shall take appropriate measures to enforce collection of the
  255  fine.
  256         (5) Any provision of subsections (2), (3), and (4) to the
  257  contrary notwithstanding, chapter 318 does not apply to
  258  violations of county parking ordinances and municipal parking
  259  ordinances.
  260         (6) Any county or municipality may provide by ordinance
  261  that the clerk of the court or the traffic violations bureau
  262  shall supply the department with a magnetically encoded computer
  263  tape reel or cartridge or send by other electronic means data
  264  which is machine readable by the installed computer system at
  265  the department, listing persons who have three or more
  266  outstanding parking violations, including violations of s.
  267  316.1955, or who have one or more outstanding tickets for a
  268  violation of a traffic control signal steady red light
  269  indication issued pursuant to an ordinance adopted under s.
  270  316.0083. Each county shall provide by ordinance that the clerk
  271  of the court or the traffic violations bureau shall supply the
  272  department with a magnetically encoded computer tape reel or
  273  cartridge or send by other electronic means data that is machine
  274  readable by the installed computer system at the department,
  275  listing persons who have any outstanding violations of s.
  276  316.1955 or any similar local ordinance that regulates parking
  277  in spaces designated for use by persons who have disabilities.
  278  The department shall mark the appropriate registration records
  279  of persons who are so reported. Section 320.03(8) applies to
  280  each person whose name appears on the list.
  281         Section 8. Subsection (1) of section 395.4036, Florida
  282  Statutes, is amended to read:
  283         395.4036 Trauma payments.—
  284         (1) Recognizing the Legislature’s stated intent to provide
  285  financial support to the current verified trauma centers and to
  286  provide incentives for the establishment of additional trauma
  287  centers as part of a system of state-sponsored trauma centers,
  288  the department shall use utilize funds collected under ss.
  289  316.0083 and s. 318.18(15) and deposited into the Administrative
  290  Trust Fund of the department to ensure the availability and
  291  accessibility of trauma and emergency services throughout the
  292  state as provided in this subsection.
  293         (a)Funds collected under ss. 316.0083 and 318.18(15) shall
  294  be distributed as follows:
  295         1.(a) Twenty percent of the total funds collected under s.
  296  316.0083 and 18 percent of the total funds collected under s.
  297  318.18(15) this subsection during the state fiscal year shall be
  298  distributed to verified trauma centers that have a local funding
  299  contribution as of December 31. Distribution of funds under this
  300  paragraph shall be based on trauma caseload volume for the most
  301  recent calendar year available.
  302         2.(b) Thirty-nine percent of the total funds collected
  303  under s. 316.0083 and 40 Forty percent of the total funds
  304  collected under s. 318.18(15) this subsection shall be
  305  distributed to verified trauma centers based on trauma caseload
  306  volume for the most recent calendar year available. The
  307  determination of caseload volume for distribution of funds under
  308  this paragraph shall be based on the department’s Trauma
  309  Registry data.
  310         3.(c)Thirty-nine percent of the total funds collected
  311  under s. 316.0083 and 40 Forty percent of the total funds
  312  collected under s. 318.18(15) this subsection shall be
  313  distributed to verified trauma centers based on severity of
  314  trauma patients for the most recent calendar year available. The
  315  determination of severity for distribution of funds under this
  316  paragraph shall be based on the department’s International
  317  Classification Injury Severity Scores or another statistically
  318  valid and scientifically accepted method of stratifying a trauma
  319  patient’s severity of injury, risk of mortality, and resource
  320  consumption as adopted by the department by rule, weighted based
  321  on the costs associated with and incurred by the trauma center
  322  in treating trauma patients. The weighting of scores shall be
  323  established by the department by rule.
  324         4.Two percent of the total funds collected under s.
  325  316.0083 shall be distributed to public hospitals that qualify
  326  for distributions under s. 409.911(4), that are not verified
  327  trauma centers but are located in trauma services areas defined
  328  under s. 395.402, and that do not have a verified trauma center
  329  based on their proportionate number of emergency room visits on
  330  an annual basis. The Agency for Health Care Administration shall
  331  provide the department with a list of public hospitals and
  332  emergency room visits.
  333         5.Two percent of the total funds collected under s.
  334  318.18(15) shall be distributed to provide an enhanced Medicaid
  335  payment to nursing homes that serve residents who have brain and
  336  spinal cord injuries and are Medicaid recipients.
  337  (b) Funds deposited in the department’s Administrative Trust
  338  Fund for verified trauma centers may be used to maximize the
  339  receipt of federal funds that may be available for such trauma
  340  centers and public hospitals eligible for non-trauma funds under
  341  (a)4.. Notwithstanding this section and s. 318.14, distributions
  342  to trauma centers may be adjusted in a manner to ensure that
  343  total payments to trauma centers represent the same proportional
  344  allocation as set forth in this section and s. 318.14. For
  345  purposes of this section and s. 318.14, total funds distributed
  346  to trauma centers may include revenue from the Administrative
  347  Trust Fund and federal funds for which revenue from the
  348  Administrative Trust Fund is used to meet state or local
  349  matching requirements. Funds collected under ss. 318.14,
  350  316.0083, and 318.18(15) and deposited in the Administrative
  351  Trust Fund of the department shall be distributed to trauma
  352  centers and public hospitals eligible for non-trauma funds under
  353  (a)4. on a quarterly
  354  
  355  ================= T I T L E  A M E N D M E N T ================
  356         And the title is amended as follows:
  357         Delete line 20
  358  and insert:
  359  permitting the ordinance to provide for installing,