Amendment
Bill No. CS/CS/CS/HB 439
Amendment No. 581529
CHAMBER ACTION
Senate House
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1Representative Reagan offered the following:
2
3     Amendment to Senate Amendment (611714) as amended by Senate
4Amendments (706606, 480426, and 569104) (with title amendment)
5     Remove lines 5-439 and insert:
6
7     Section 1.  This act may be cited as the "Mark Wandall
8Traffic Safety Act."
9     Section 2.  Subsection (86) is added to section 316.003,
10Florida Statutes, to read:
11     316.003  Definitions.--The following words and phrases,
12when used in this chapter, shall have the meanings respectively
13ascribed to them in this section, except where the context
14otherwise requires:
15     (86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
16installed to work in conjunction with a traffic control signal
17and a camera or cameras synchronized to automatically record two
18or more sequenced photographic or electronic images or streaming
19video of only the rear of a motor vehicle at the time the
20vehicle fails to stop behind the stop bar or clearly marked stop
21line when facing a traffic control signal steady red light. Any
22ticket issued by the use of a traffic infraction detector must
23include a photograph or other recorded image showing both the
24license tag of the offending vehicle and the traffic control
25device being violated.
26     Section 3.  Section 316.0083, Florida Statutes, is created
27to read:
28     316.0083  Mark Wandall Traffic Safety Program;
29administration; report.--
30     (1)  There is created the Mark Wandall Traffic Safety
31Program governing the operation of traffic infraction detectors.
32The program shall be administered by the Department of
33Transportation and shall include the following provisions:
34     (a)  In order to use a traffic infraction detector, a
35county or municipality must enact an ordinance that provides for
36the use of a traffic infraction detector to enforce s.
37316.075(1)(c), which requires the driver of a vehicle to stop
38the vehicle when facing a traffic control signal steady red
39light on the streets and highways under the jurisdiction of the
40county or municipality. The traffic infraction detector must
41conform to the contract specifications adopted by the Department
42of Transportation under s. 316.0776. A county or municipality
43may install such detectors on state, county, or municipal
44rights-of-way within the boundaries of that county or
45municipality. Only a municipality may install or authorize the
46installation of any such detectors within the incorporated area
47of the municipality. A municipality may authorize the state or
48county to install such detectors within its incorporated area.
49Only a county may install or authorize the installation of any
50such detectors within the unincorporated area of the county. A
51county may authorize the state to install such detectors in the
52unincorporated area of the county. A county or municipality that
53operates a traffic infraction detector must authorize a traffic
54infraction enforcement officer or a code enforcement officer to
55issue a ticket for a violation of s. 316.075(1)(c) and to
56enforce the payment of the ticket for such violation. This
57paragraph does not authorize a traffic infraction enforcement
58officer or a code enforcement officer to carry a firearm or
59other weapon and does not authorize such an officer to make
60arrests. The ordinance must require signs to be posted at
61locations designated by the county or municipality providing
62notification that a traffic infraction detector may be in use.
63Such signage must conform to the specifications adopted by the
64Department of Transportation under s. 316.0745. The ordinance
65must provide for the county or municipality to install,
66maintain, and operate traffic infraction detectors on a right-
67of-way owned or maintained by the Department of Transportation
68or on a right-of-way owned or maintained by the county or
69municipality in which the traffic infraction detector is to be
70installed. The ordinance must also require that the county or
71municipality make a public announcement and conduct a public
72awareness campaign of the proposed use of traffic infraction
73detectors at least 30 days before commencing the enforcement
74program. In addition, the ordinance must establish a fine of
75$150 to be assessed against the registered owner of a motor
76vehicle that fails to stop when facing a traffic control signal
77steady red light as determined through the use of a traffic
78infraction detector. Any other provision of law to the contrary
79notwithstanding, an additional surcharge, fee, or cost may not
80be added to the civil penalty authorized by this paragraph.
81     (b)  When responding to an emergency call, an emergency
82vehicle is exempt from any ordinance enacted under this section.
83     (c)  A county or municipality must adopt an ordinance under
84this section that provides for the use of a traffic infraction
85detector in order to impose a fine on the registered owner of a
86motor vehicle for a violation of s. 316.075(1)(c). The fine
87shall be imposed in the same manner and is subject to the same
88limitations as provided for parking violations under s.
89316.1967. Except as specifically provided in this section,
90chapter 318 and s. 322.27 do not apply to a violation of s.
91316.075(1)(c) for which a ticket has been issued under an
92ordinance enacted pursuant to this section. Enforcement of a
93ticket issued under the ordinance is not a conviction of the
94operator of the motor vehicle, may not be made a part of the
95driving record of the operator, and may not be used for purposes
96of setting motor vehicle insurance rates. Points under s. 322.27
97may not be assessed based upon such enforcement.
98     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
99to an ordinance enacted pursuant to this section, except that
100the ticket must contain the name and address of the person
101alleged to be liable as the registered owner of the motor
102vehicle involved in the violation, the tag number of the motor
103vehicle, the violation charged, a copy of the photographic image
104or images evidencing the violation, the location where the
105violation occurred, the date and time of the violation,
106information that identifies the device that recorded the
107violation, and a signed statement by a specifically trained
108technician employed by the agency or its contractor that, based
109on inspection of photographs or other recorded images, the motor
110vehicle was being operated in violation of s. 316.075(1)(c). The
111ticket must advise the registered owner of the motor vehicle
112involved in the violation of the amount of the fine, the date by
113which the fine must be paid, and the procedure for contesting
114the violation alleged in the ticket. The ticket must contain a
115warning that failure to contest the violation in the manner and
116time provided is deemed an admission of the liability and that a
117default may be entered thereon. The violation shall be processed
118by the county or municipality that has jurisdiction over the
119street or highway where the violation occurred or by any entity
120authorized by the county or municipality to prepare and mail the
121ticket.
122     (e)  The ticket shall be sent by first-class mail addressed
123to the registered owner of the motor vehicle and postmarked no
124later than 30 days after the date of the violation.
125     (f)1.  The registered owner of the motor vehicle involved
126in a violation is responsible and liable for payment of the fine
127assessed pursuant to this section unless the owner can establish
128that:
129     a.  The motor vehicle passed through the intersection in
130order to yield right-of-way to an emergency vehicle or as part
131of a funeral procession;
132     b.  The motor vehicle passed through the intersection at
133the direction of a law enforcement officer;
134     c.  The motor vehicle was stolen at the time of the alleged
135violation;
136     d.  A uniform traffic citation was issued to the driver of
137the motor vehicle for the alleged violation of s. 316.075(1)(c);
138or
139     e.  A medical emergency.
140     2.  In order to establish any such fact, the registered
141owner of the vehicle must, within 30 days after receipt of
142notification of the alleged violation, furnish to the county or
143municipality, as appropriate, an affidavit that sets forth
144detailed information supporting an exemption as provided in sub-
145subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
146or sub-subparagraph 1.d. For an exemption under sub-subparagraph
1471.c., the affidavit must set forth that the vehicle was stolen
148and be accompanied by a copy of the police report indicating
149that the vehicle was stolen at the time of the alleged
150violation. For an exemption under sub-subparagraph 1.d., the
151affidavit must set forth that a citation was issued and be
152accompanied by a copy of the citation indicating the time of the
153alleged violation and the location of the intersection where it
154occurred.
155     (g)  A person may contest the determination that such
156person failed to stop at a traffic control signal steady red
157light as evidenced by a traffic infraction detector by electing
158to appear before any judge or hearing officer authorized by law
159to preside over a hearing that adjudicates traffic infractions.
160A person who elects to appear before the judge or hearing
161officer to present evidence is deemed to have waived the
162limitation of civil penalties imposed for the violation. The
163judge or hearing officer, after hearing, shall determine whether
164the violation was committed and may impose a civil penalty not
165to exceed $150 plus costs. The judge or hearing officer may take
166appropriate measures to enforce the collection of any penalty
167not paid within the time permitted by the county, municipality,
168or court.
169     (h)  A certificate sworn to or affirmed by a person
170authorized under this section who is employed by or under
171contract with the county or municipality where the infraction
172occurred, or a facsimile thereof that is based upon inspection
173of photographs or other recorded images produced by a traffic
174infraction detector, is prima facie evidence of the facts
175contained in the certificate. A photograph or other recorded
176image evidencing a violation of s. 316.075(1)(c) must be
177available for inspection in any proceeding to adjudicate
178liability under an ordinance enacted pursuant to this section.
179     (i)  In any county or municipality in which tickets are
180issued as provided in this section, the names of persons who
181have one or more outstanding violations may be included on the
182list authorized under s. 316.1967(6).
183     (2)  Of the $150 fine imposed pursuant to paragraph (1)(a)
184or paragraph (1)(g), $40 shall be remitted by the county or
185municipality to the Department of Revenue for deposit into the
186General Revenue Fund, $25 shall be remitted to the Department of
187Revenue for deposit into the Department of Health Administrative
188Trust Fund, and $85 shall be retained by the county or
189municipality enforcing the ordinance enacted pursuant to this
190section. Funds deposited into the Department of Health
191Administrative Trust Fund under this subsection shall be
192distributed as provided in s. 395.4036(1).
193     (3)  A complaint that a county or municipality is employing
194traffic infraction detectors for purposes other than the
195promotion of public health, welfare, and safety or in a manner
196inconsistent with this section may be submitted to the governing
197body of such county or municipality. Such complaints, along with
198any investigation and corrective action taken by the county or
199municipal governing body, shall be included in the annual report
200to the Department of Transportation and in that department's
201annual summary report to the Governor, the President of the
202Senate, and the Speaker of the House Representatives, as
203required by this section. Based on its review of the report, the
204Legislature may exclude a county or municipality from further
205participation in the program.
206     (4)(a)  Each county or municipality that operates a traffic
207infraction detector shall submit an annual report to the
208Department of Transportation that details the results of using
209the traffic infraction detector and the procedures for
210enforcement.
211     (b)  The Department of Transportation shall provide an
212annual summary report to the Governor, the President of the
213Senate, and the Speaker of the House of Representatives
214regarding the use and operation of traffic infraction detectors
215under this section. The summary report must include a review of
216the information submitted to the Department of Transportation by
217the counties and municipalities and must describe the
218enhancement of the traffic safety and enforcement programs. The
219Department of Transportation shall report its recommendations,
220including any necessary legislation, on or before December 1,
2212010, to the Governor, the President of the Senate, and the
222Speaker of the House of Representatives.
223     Section 4.  Subsection (6) of section 316.0745, Florida
224Statutes, is amended to read:
225     316.0745  Uniform signals and devices.--
226     (6)  Any system of traffic control devices controlled and
227operated from a remote location by electronic computers or
228similar devices must shall meet all requirements established for
229the uniform system, and, if where such a system affects systems
230affect the movement of traffic on state roads, the design of the
231system must shall be reviewed and approved by the Department of
232Transportation.
233     Section 5.  Section 316.07456, Florida Statutes, is created
234to read:
235     316.07456  Grandfather clause.--
236     (1)  Any traffic infraction detector deployed on the
237streets and highways of the state must meet the contract
238specifications established by the Department of Transportation
239and must be tested at regular intervals according to procedures
240prescribed by that department.
241     (2)  Notwithstanding any provision of law to the contrary,
242prior to September 30, 2010, nothing in this act shall prohibit
243any county or municipality from utilizing red light traffic
244enforcement devices of any type or from enforcing violations of
245s. 316.074(1) or s. 316.075(1)(c) or other red light traffic
246enforcement ordinances if such county or municipality has
247enacted an ordinance to enforce red light violations or has
248entered into a contract to purchase or lease equipment to
249enforce red light violations prior to the effective date of this
250act.
251     (3)  Counties and municipalities using grandfathered
252equipment pursuant to subsection (2) shall charge violators a
253$150 penalty. Of the $150 fine imposed pursuant to paragraph
254(1)(a) or paragraph (1)(g), $40 shall be remitted by the county
255or municipality to the Department of Revenue for deposit into
256the General Revenue Fund, $25 shall be remitted to the
257Department of Revenue for deposit into the Department of Health
258Administrative Trust Fund, and $85 shall be retained by the
259county or municipality enforcing the ordinance enacted pursuant
260to this section. Funds deposited into the Department of Health
261Administrative Trust Fund under this subsection shall be
262distributed as provided in s. 395.4036(1).
263     (4)  This section expires October 1, 2010.
264     Section 6.  Section 316.0776, Florida Statutes, is created
265to read:
266     316.0776  Traffic infraction detectors; placement and
267installation.--Placement and installation of traffic infraction
268detectors is allowed on the State Highway System, county roads,
269and city streets pursuant to specifications developed by the
270Department of Transportation, so long as the safety and
271operation of the road facility is not impaired.
272     Section 7.  Subsection (6) of section 316.1967, Florida
273Statutes, is amended to read:
274     316.1967  Liability for payment of parking ticket
275violations and other parking violations.--
276     (6)  Any county or municipality may provide by ordinance
277that the clerk of the court or the traffic violations bureau
278shall supply the department with a magnetically encoded computer
279tape reel or cartridge or send by other electronic means data
280which is machine readable by the installed computer system at
281the department, listing persons who have three or more
282outstanding parking violations, including violations of s.
283316.1955, or who have one or more outstanding tickets for a
284violation of a traffic control signal steady red light
285indication issued pursuant to an ordinance adopted under s.
286316.0083. Each county shall provide by ordinance that the clerk
287of the court or the traffic violations bureau shall supply the
288department with a magnetically encoded computer tape reel or
289cartridge or send by other electronic means data that is machine
290readable by the installed computer system at the department,
291listing persons who have any outstanding violations of s.
292316.1955 or any similar local ordinance that regulates parking
293in spaces designated for use by persons who have disabilities.
294The department shall mark the appropriate registration records
295of persons who are so reported. Section 320.03(8) applies to
296each person whose name appears on the list.
297     Section 8.  Subsection (1) of section 395.4036, Florida
298Statutes, is amended to read:
299     395.4036  Trauma payments.--
300     (1)  Recognizing the Legislature's stated intent to provide
301financial support to the current verified trauma centers and to
302provide incentives for the establishment of additional trauma
303centers as part of a system of state-sponsored trauma centers,
304the department shall use utilize funds collected under ss.
305316.0083 and s. 318.18(15) and deposited into the Administrative
306Trust Fund of the department to ensure the availability and
307accessibility of trauma and emergency services throughout the
308state as provided in this subsection.
309     (a)  Funds collected under ss. 316.0083 and 318.18(15)
310shall be distributed as follows:
311     1.(a)  Eighteen Twenty percent of the total funds collected
312under s. 316.0083 and 20 percent of the total funds collected
313under s. 318.18(15) this subsection during the state fiscal year
314shall be distributed to verified trauma centers that have a
315local funding contribution as of December 31. Distribution of
316funds under this paragraph shall be based on trauma caseload
317volume for the most recent calendar year available.
318     2.(b)  Thirty-eight percent of the total funds collected
319under s. 316.0083 and 40 forty percent of the total funds
320collected under s. 318.18(15) this subsection shall be
321distributed to verified trauma centers based on trauma caseload
322volume for the most recent calendar year available. The
323determination of caseload volume for distribution of funds under
324this paragraph shall be based on the department's Trauma
325Registry data.
326     3.(c)  Thirty-eight percent of the total funds collected
327under s. 316.0083 and 40 forty percent of the total funds
328collected under s. 318.18(15) this subsection shall be
329distributed to verified trauma centers based on severity of
330trauma patients for the most recent calendar year available. The
331determination of severity for distribution of funds under this
332paragraph shall be based on the department's International
333Classification Injury Severity Scores or another statistically
334valid and scientifically accepted method of stratifying a trauma
335patient's severity of injury, risk of mortality, and resource
336consumption as adopted by the department by rule, weighted based
337on the costs associated with and incurred by the trauma center
338in treating trauma patients. The weighting of scores shall be
339established by the department by rule.
340     4.  Two percent of the total funds collected under s.
341316.0083 shall be distributed to public hospitals that qualify
342for distributions under s. 409.911(4), that are not verified
343trauma centers but are located in trauma service areas, as
344defined under s. 395.402, and that do not have a verified trauma
345center based on their proportionate number of emergency room
346visits on an annual basis. The Agency for Health Care
347Administration shall provide the department with a list of
348public hospitals and emergency room visits.
349     5.  Two percent of the total funds collected under s.
350316.0083 shall be distributed to provide an enhanced Medicaid
351payment to nursing homes that serve residents with brain and
352spinal cord injuries who are Medicaid recipients.
353     6.  Two percent of the total funds collected under s.
354316.0083 shall be distributed equally to crisis stabilization
355units, rural health initiatives, and community-based support
356programs that provide supports and services for individuals who
357have sustained a traumatic brain injury.
358     (b)  Funds deposited in the department's Administrative
359Trust Fund for verified trauma centers may be used to maximize
360the receipt of federal funds that may be available for such
361trauma centers and nontrauma center public hospitals.
362Notwithstanding this section and s. 318.14, distributions to
363trauma centers may be adjusted in a manner to ensure that total
364payments to trauma centers represent the same proportional
365allocation as set forth in this section and s. 318.14. For
366purposes of this section and s. 318.14, total funds distributed
367to trauma centers may include revenue from the Administrative
368Trust Fund and federal funds for which revenue from the
369Administrative Trust Fund is used to meet state or local
370matching requirements. Funds collected under ss. 318.14,
371316.0083, and 318.18(15) and deposited in the Administrative
372Trust Fund of the department shall be distributed to trauma
373centers and nontrauma center public hospitals on a quarterly
374basis using the most recent calendar year data available. Such
375data shall not be used for more than four quarterly
376distributions unless there are extenuating circumstances as
377determined by the department, in which case the most recent
378calendar year data available shall continue to be used and
379appropriate adjustments shall be made as soon as the more recent
380data becomes available.
381     Section 9.  This act recognizes and ratifies any
382enforcement action taken by a county or municipality using a
383traffic infraction detector that was installed before the
384effective date of this act.
385     Section 10.  If any provision of this act or its
386application to any person or circumstance is held invalid, the
387invalidity shall not affect other provisions or applications of
388this act which can be given effect without the invalid provision
389or application, and to this end the provisions of this act are
390declared severable.
391     Section 11.  This act shall take effect upon becoming a
392law.
393
394
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395
T I T L E  A M E N D M E N T
396     Remove lines 445-500 and insert:
397
A bill to be entitled
398An act relating to uniform traffic control; creating the
399"Mark Wandall Traffic Safety Act"; amending s. 316.003,
400F.S.; defining the term "traffic infraction detector";
401creating s. 316.0083, F.S.; creating the Mark Wandall
402Traffic Safety Program to be administered by the
403Department of Transportation; requiring a county or
404municipality to enact an ordinance in order to use a
405traffic infraction detector to identify a motor vehicle
406that fails to stop at a traffic control signal steady red
407light; requiring such detectors to meet department
408contract specifications; requiring authorization of a
409traffic infraction enforcement officer or a code
410enforcement officer to issue and enforce a ticket for such
411violation; requiring signage; requiring certain public
412awareness procedures; requiring the ordinance to establish
413a fine of a certain amount; requiring the ordinance to
414provide for installing, maintaining, and operating such
415detectors on rights-of-way owned or maintained by the
416Department of Transportation, county, or municipality;
417prohibiting additional charges; exempting emergency
418vehicles; providing that the registered owner of the motor
419vehicle involved in the violation is responsible and
420liable for payment of the fine assessed; providing
421exceptions; providing procedures for disposition and
422enforcement of tickets; providing for a person to contest
423such ticket; providing for disposition of revenue
424collected; providing complaint procedures; providing for
425the Legislature to exclude a county or municipality from
426the program; requiring reports from participating
427municipalities and counties to the department; requiring
428the department to make reports to the Governor and the
429Legislature; amending s. 316.0745, F.S.; providing that
430traffic infraction detectors must meet certain
431specifications; creating s. 316.07456, F.S.; providing for
432preexisting equipment; requiring counties and
433municipalities that enacted an ordinance to enforce red
434light violations or entered into a contract to purchase or
435lease equipment to enforce red light violations prior to
436the effective date of this act to charge a certain penalty
437amount; requiring counties or municipalities that have
438acquired such equipment pursuant to an agreement entered
439into prior to the effective date of this act to make
440certain payments to the state; creating s. 316.0776, F.S.;
441providing for placement and installation of detectors on
442the State Highway System, county roads, and city streets;
443amending s. 316.1967, F.S.; providing for inclusion of
444persons with outstanding violations in a list sent to the
445department for enforcement purposes; amending s. 395.4036,
446F.S.; providing for distribution of funds to trauma
447centers, certain hospitals, certain nursing homes, and
448certain health units and programs; ratifying prior
449enforcement actions; providing for severability; providing
450an effective date.


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