1 | Representative Reagan offered the following: |
2 |
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3 | Amendment to Senate Amendment (611714) as amended by Senate |
4 | Amendments (706606, 480426, and 569104) (with title amendment) |
5 | Remove lines 5-439 and insert: |
6 |
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7 | Section 1. This act may be cited as the "Mark Wandall |
8 | Traffic Safety Act." |
9 | Section 2. Subsection (86) is added to section 316.003, |
10 | Florida Statutes, to read: |
11 | 316.003 Definitions.--The following words and phrases, |
12 | when used in this chapter, shall have the meanings respectively |
13 | ascribed to them in this section, except where the context |
14 | otherwise requires: |
15 | (86) TRAFFIC INFRACTION DETECTOR.--A vehicle sensor |
16 | installed to work in conjunction with a traffic control signal |
17 | and a camera or cameras synchronized to automatically record two |
18 | or more sequenced photographic or electronic images or streaming |
19 | video of only the rear of a motor vehicle at the time the |
20 | vehicle fails to stop behind the stop bar or clearly marked stop |
21 | line when facing a traffic control signal steady red light. Any |
22 | ticket issued by the use of a traffic infraction detector must |
23 | include a photograph or other recorded image showing both the |
24 | license tag of the offending vehicle and the traffic control |
25 | device being violated. |
26 | Section 3. Section 316.0083, Florida Statutes, is created |
27 | to read: |
28 | 316.0083 Mark Wandall Traffic Safety Program; |
29 | administration; report.-- |
30 | (1) There is created the Mark Wandall Traffic Safety |
31 | Program governing the operation of traffic infraction detectors. |
32 | The program shall be administered by the Department of |
33 | Transportation and shall include the following provisions: |
34 | (a) In order to use a traffic infraction detector, a |
35 | county or municipality must enact an ordinance that provides for |
36 | the use of a traffic infraction detector to enforce s. |
37 | 316.075(1)(c), which requires the driver of a vehicle to stop |
38 | the vehicle when facing a traffic control signal steady red |
39 | light on the streets and highways under the jurisdiction of the |
40 | county or municipality. The traffic infraction detector must |
41 | conform to the contract specifications adopted by the Department |
42 | of Transportation under s. 316.0776. A county or municipality |
43 | may install such detectors on state, county, or municipal |
44 | rights-of-way within the boundaries of that county or |
45 | municipality. Only a municipality may install or authorize the |
46 | installation of any such detectors within the incorporated area |
47 | of the municipality. A municipality may authorize the state or |
48 | county to install such detectors within its incorporated area. |
49 | Only a county may install or authorize the installation of any |
50 | such detectors within the unincorporated area of the county. A |
51 | county may authorize the state to install such detectors in the |
52 | unincorporated area of the county. A county or municipality that |
53 | operates a traffic infraction detector must authorize a traffic |
54 | infraction enforcement officer or a code enforcement officer to |
55 | issue a ticket for a violation of s. 316.075(1)(c) and to |
56 | enforce the payment of the ticket for such violation. This |
57 | paragraph does not authorize a traffic infraction enforcement |
58 | officer or a code enforcement officer to carry a firearm or |
59 | other weapon and does not authorize such an officer to make |
60 | arrests. The ordinance must require signs to be posted at |
61 | locations designated by the county or municipality providing |
62 | notification that a traffic infraction detector may be in use. |
63 | Such signage must conform to the specifications adopted by the |
64 | Department of Transportation under s. 316.0745. The ordinance |
65 | must provide for the county or municipality to install, |
66 | maintain, and operate traffic infraction detectors on a right- |
67 | of-way owned or maintained by the Department of Transportation |
68 | or on a right-of-way owned or maintained by the county or |
69 | municipality in which the traffic infraction detector is to be |
70 | installed. The ordinance must also require that the county or |
71 | municipality make a public announcement and conduct a public |
72 | awareness campaign of the proposed use of traffic infraction |
73 | detectors at least 30 days before commencing the enforcement |
74 | program. In addition, the ordinance must establish a fine of |
75 | $150 to be assessed against the registered owner of a motor |
76 | vehicle that fails to stop when facing a traffic control signal |
77 | steady red light as determined through the use of a traffic |
78 | infraction detector. Any other provision of law to the contrary |
79 | notwithstanding, an additional surcharge, fee, or cost may not |
80 | be added to the civil penalty authorized by this paragraph. |
81 | (b) When responding to an emergency call, an emergency |
82 | vehicle is exempt from any ordinance enacted under this section. |
83 | (c) A county or municipality must adopt an ordinance under |
84 | this section that provides for the use of a traffic infraction |
85 | detector in order to impose a fine on the registered owner of a |
86 | motor vehicle for a violation of s. 316.075(1)(c). The fine |
87 | shall be imposed in the same manner and is subject to the same |
88 | limitations as provided for parking violations under s. |
89 | 316.1967. Except as specifically provided in this section, |
90 | chapter 318 and s. 322.27 do not apply to a violation of s. |
91 | 316.075(1)(c) for which a ticket has been issued under an |
92 | ordinance enacted pursuant to this section. Enforcement of a |
93 | ticket issued under the ordinance is not a conviction of the |
94 | operator of the motor vehicle, may not be made a part of the |
95 | driving record of the operator, and may not be used for purposes |
96 | of setting motor vehicle insurance rates. Points under s. 322.27 |
97 | may not be assessed based upon such enforcement. |
98 | (d) The procedures set forth in s. 316.1967(2)-(5) apply |
99 | to an ordinance enacted pursuant to this section, except that |
100 | the ticket must contain the name and address of the person |
101 | alleged to be liable as the registered owner of the motor |
102 | vehicle involved in the violation, the tag number of the motor |
103 | vehicle, the violation charged, a copy of the photographic image |
104 | or images evidencing the violation, the location where the |
105 | violation occurred, the date and time of the violation, |
106 | information that identifies the device that recorded the |
107 | violation, and a signed statement by a specifically trained |
108 | technician employed by the agency or its contractor that, based |
109 | on inspection of photographs or other recorded images, the motor |
110 | vehicle was being operated in violation of s. 316.075(1)(c). The |
111 | ticket must advise the registered owner of the motor vehicle |
112 | involved in the violation of the amount of the fine, the date by |
113 | which the fine must be paid, and the procedure for contesting |
114 | the violation alleged in the ticket. The ticket must contain a |
115 | warning that failure to contest the violation in the manner and |
116 | time provided is deemed an admission of the liability and that a |
117 | default may be entered thereon. The violation shall be processed |
118 | by the county or municipality that has jurisdiction over the |
119 | street or highway where the violation occurred or by any entity |
120 | authorized by the county or municipality to prepare and mail the |
121 | ticket. |
122 | (e) The ticket shall be sent by first-class mail addressed |
123 | to the registered owner of the motor vehicle and postmarked no |
124 | later than 30 days after the date of the violation. |
125 | (f)1. The registered owner of the motor vehicle involved |
126 | in a violation is responsible and liable for payment of the fine |
127 | assessed pursuant to this section unless the owner can establish |
128 | that: |
129 | a. The motor vehicle passed through the intersection in |
130 | order to yield right-of-way to an emergency vehicle or as part |
131 | of a funeral procession; |
132 | b. The motor vehicle passed through the intersection at |
133 | the direction of a law enforcement officer; |
134 | c. The motor vehicle was stolen at the time of the alleged |
135 | violation; |
136 | d. A uniform traffic citation was issued to the driver of |
137 | the motor vehicle for the alleged violation of s. 316.075(1)(c); |
138 | or |
139 | e. A medical emergency. |
140 | 2. In order to establish any such fact, the registered |
141 | owner of the vehicle must, within 30 days after receipt of |
142 | notification of the alleged violation, furnish to the county or |
143 | municipality, as appropriate, an affidavit that sets forth |
144 | detailed information supporting an exemption as provided in sub- |
145 | subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c., |
146 | or sub-subparagraph 1.d. For an exemption under sub-subparagraph |
147 | 1.c., the affidavit must set forth that the vehicle was stolen |
148 | and be accompanied by a copy of the police report indicating |
149 | that the vehicle was stolen at the time of the alleged |
150 | violation. For an exemption under sub-subparagraph 1.d., the |
151 | affidavit must set forth that a citation was issued and be |
152 | accompanied by a copy of the citation indicating the time of the |
153 | alleged violation and the location of the intersection where it |
154 | occurred. |
155 | (g) A person may contest the determination that such |
156 | person failed to stop at a traffic control signal steady red |
157 | light as evidenced by a traffic infraction detector by electing |
158 | to appear before any judge or hearing officer authorized by law |
159 | to preside over a hearing that adjudicates traffic infractions. |
160 | A person who elects to appear before the judge or hearing |
161 | officer to present evidence is deemed to have waived the |
162 | limitation of civil penalties imposed for the violation. The |
163 | judge or hearing officer, after hearing, shall determine whether |
164 | the violation was committed and may impose a civil penalty not |
165 | to exceed $150 plus costs. The judge or hearing officer may take |
166 | appropriate measures to enforce the collection of any penalty |
167 | not paid within the time permitted by the county, municipality, |
168 | or court. |
169 | (h) A certificate sworn to or affirmed by a person |
170 | authorized under this section who is employed by or under |
171 | contract with the county or municipality where the infraction |
172 | occurred, or a facsimile thereof that is based upon inspection |
173 | of photographs or other recorded images produced by a traffic |
174 | infraction detector, is prima facie evidence of the facts |
175 | contained in the certificate. A photograph or other recorded |
176 | image evidencing a violation of s. 316.075(1)(c) must be |
177 | available for inspection in any proceeding to adjudicate |
178 | liability under an ordinance enacted pursuant to this section. |
179 | (i) In any county or municipality in which tickets are |
180 | issued as provided in this section, the names of persons who |
181 | have one or more outstanding violations may be included on the |
182 | list authorized under s. 316.1967(6). |
183 | (2) Of the $150 fine imposed pursuant to paragraph (1)(a) |
184 | or paragraph (1)(g), $40 shall be remitted by the county or |
185 | municipality to the Department of Revenue for deposit into the |
186 | General Revenue Fund, $25 shall be remitted to the Department of |
187 | Revenue for deposit into the Department of Health Administrative |
188 | Trust Fund, and $85 shall be retained by the county or |
189 | municipality enforcing the ordinance enacted pursuant to this |
190 | section. Funds deposited into the Department of Health |
191 | Administrative Trust Fund under this subsection shall be |
192 | distributed as provided in s. 395.4036(1). |
193 | (3) A complaint that a county or municipality is employing |
194 | traffic infraction detectors for purposes other than the |
195 | promotion of public health, welfare, and safety or in a manner |
196 | inconsistent with this section may be submitted to the governing |
197 | body of such county or municipality. Such complaints, along with |
198 | any investigation and corrective action taken by the county or |
199 | municipal governing body, shall be included in the annual report |
200 | to the Department of Transportation and in that department's |
201 | annual summary report to the Governor, the President of the |
202 | Senate, and the Speaker of the House Representatives, as |
203 | required by this section. Based on its review of the report, the |
204 | Legislature may exclude a county or municipality from further |
205 | participation in the program. |
206 | (4)(a) Each county or municipality that operates a traffic |
207 | infraction detector shall submit an annual report to the |
208 | Department of Transportation that details the results of using |
209 | the traffic infraction detector and the procedures for |
210 | enforcement. |
211 | (b) The Department of Transportation shall provide an |
212 | annual summary report to the Governor, the President of the |
213 | Senate, and the Speaker of the House of Representatives |
214 | regarding the use and operation of traffic infraction detectors |
215 | under this section. The summary report must include a review of |
216 | the information submitted to the Department of Transportation by |
217 | the counties and municipalities and must describe the |
218 | enhancement of the traffic safety and enforcement programs. The |
219 | Department of Transportation shall report its recommendations, |
220 | including any necessary legislation, on or before December 1, |
221 | 2010, to the Governor, the President of the Senate, and the |
222 | Speaker of the House of Representatives. |
223 | Section 4. Subsection (6) of section 316.0745, Florida |
224 | Statutes, is amended to read: |
225 | 316.0745 Uniform signals and devices.-- |
226 | (6) Any system of traffic control devices controlled and |
227 | operated from a remote location by electronic computers or |
228 | similar devices must shall meet all requirements established for |
229 | the uniform system, and, if where such a system affects systems |
230 | affect the movement of traffic on state roads, the design of the |
231 | system must shall be reviewed and approved by the Department of |
232 | Transportation. |
233 | Section 5. Section 316.07456, Florida Statutes, is created |
234 | to read: |
235 | 316.07456 Grandfather clause.-- |
236 | (1) Any traffic infraction detector deployed on the |
237 | streets and highways of the state must meet the contract |
238 | specifications established by the Department of Transportation |
239 | and must be tested at regular intervals according to procedures |
240 | prescribed by that department. |
241 | (2) Notwithstanding any provision of law to the contrary, |
242 | prior to September 30, 2010, nothing in this act shall prohibit |
243 | any county or municipality from utilizing red light traffic |
244 | enforcement devices of any type or from enforcing violations of |
245 | s. 316.074(1) or s. 316.075(1)(c) or other red light traffic |
246 | enforcement ordinances if such county or municipality has |
247 | enacted an ordinance to enforce red light violations or has |
248 | entered into a contract to purchase or lease equipment to |
249 | enforce red light violations prior to the effective date of this |
250 | act. |
251 | (3) Counties and municipalities using grandfathered |
252 | equipment 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 |
255 | or municipality to the Department of Revenue for deposit into |
256 | the General Revenue Fund, $25 shall be remitted to the |
257 | Department of Revenue for deposit into the Department of Health |
258 | Administrative Trust Fund, and $85 shall be retained by the |
259 | county or municipality enforcing the ordinance enacted pursuant |
260 | to this section. Funds deposited into the Department of Health |
261 | Administrative Trust Fund under this subsection shall be |
262 | distributed 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 |
265 | to read: |
266 | 316.0776 Traffic infraction detectors; placement and |
267 | installation.--Placement and installation of traffic infraction |
268 | detectors is allowed on the State Highway System, county roads, |
269 | and city streets pursuant to specifications developed by the |
270 | Department of Transportation, so long as the safety and |
271 | operation of the road facility is not impaired. |
272 | Section 7. Subsection (6) of section 316.1967, Florida |
273 | Statutes, is amended to read: |
274 | 316.1967 Liability for payment of parking ticket |
275 | violations and other parking violations.-- |
276 | (6) Any county or municipality may provide by ordinance |
277 | that the clerk of the court or the traffic violations bureau |
278 | shall supply the department with a magnetically encoded computer |
279 | tape reel or cartridge or send by other electronic means data |
280 | which is machine readable by the installed computer system at |
281 | the department, listing persons who have three or more |
282 | outstanding parking violations, including violations of s. |
283 | 316.1955, or who have one or more outstanding tickets for a |
284 | violation of a traffic control signal steady red light |
285 | indication issued pursuant to an ordinance adopted under s. |
286 | 316.0083. Each county shall provide by ordinance that the clerk |
287 | of the court or the traffic violations bureau shall supply the |
288 | department with a magnetically encoded computer tape reel or |
289 | cartridge or send by other electronic means data that is machine |
290 | readable by the installed computer system at the department, |
291 | listing persons who have any outstanding violations of s. |
292 | 316.1955 or any similar local ordinance that regulates parking |
293 | in spaces designated for use by persons who have disabilities. |
294 | The department shall mark the appropriate registration records |
295 | of persons who are so reported. Section 320.03(8) applies to |
296 | each person whose name appears on the list. |
297 | Section 8. Subsection (1) of section 395.4036, Florida |
298 | Statutes, is amended to read: |
299 | 395.4036 Trauma payments.-- |
300 | (1) Recognizing the Legislature's stated intent to provide |
301 | financial support to the current verified trauma centers and to |
302 | provide incentives for the establishment of additional trauma |
303 | centers as part of a system of state-sponsored trauma centers, |
304 | the department shall use utilize funds collected under ss. |
305 | 316.0083 and s. 318.18(15) and deposited into the Administrative |
306 | Trust Fund of the department to ensure the availability and |
307 | accessibility of trauma and emergency services throughout the |
308 | state as provided in this subsection. |
309 | (a) Funds collected under ss. 316.0083 and 318.18(15) |
310 | shall be distributed as follows: |
311 | 1.(a) Eighteen Twenty percent of the total funds collected |
312 | under s. 316.0083 and 20 percent of the total funds collected |
313 | under s. 318.18(15) this subsection during the state fiscal year |
314 | shall be distributed to verified trauma centers that have a |
315 | local funding contribution as of December 31. Distribution of |
316 | funds under this paragraph shall be based on trauma caseload |
317 | volume for the most recent calendar year available. |
318 | 2.(b) Thirty-eight percent of the total funds collected |
319 | under s. 316.0083 and 40 forty percent of the total funds |
320 | collected under s. 318.18(15) this subsection shall be |
321 | distributed to verified trauma centers based on trauma caseload |
322 | volume for the most recent calendar year available. The |
323 | determination of caseload volume for distribution of funds under |
324 | this paragraph shall be based on the department's Trauma |
325 | Registry data. |
326 | 3.(c) Thirty-eight percent of the total funds collected |
327 | under s. 316.0083 and 40 forty percent of the total funds |
328 | collected under s. 318.18(15) this subsection shall be |
329 | distributed to verified trauma centers based on severity of |
330 | trauma patients for the most recent calendar year available. The |
331 | determination of severity for distribution of funds under this |
332 | paragraph shall be based on the department's International |
333 | Classification Injury Severity Scores or another statistically |
334 | valid and scientifically accepted method of stratifying a trauma |
335 | patient's severity of injury, risk of mortality, and resource |
336 | consumption as adopted by the department by rule, weighted based |
337 | on the costs associated with and incurred by the trauma center |
338 | in treating trauma patients. The weighting of scores shall be |
339 | established by the department by rule. |
340 | 4. Two percent of the total funds collected under s. |
341 | 316.0083 shall be distributed to public hospitals that qualify |
342 | for distributions under s. 409.911(4), that are not verified |
343 | trauma centers but are located in trauma service areas, as |
344 | defined under s. 395.402, and that do not have a verified trauma |
345 | center based on their proportionate number of emergency room |
346 | visits on an annual basis. The Agency for Health Care |
347 | Administration shall provide the department with a list of |
348 | public hospitals and emergency room visits. |
349 | 5. Two percent of the total funds collected under s. |
350 | 316.0083 shall be distributed to provide an enhanced Medicaid |
351 | payment to nursing homes that serve residents with brain and |
352 | spinal cord injuries who are Medicaid recipients. |
353 | 6. Two percent of the total funds collected under s. |
354 | 316.0083 shall be distributed equally to crisis stabilization |
355 | units, rural health initiatives, and community-based support |
356 | programs that provide supports and services for individuals who |
357 | have sustained a traumatic brain injury. |
358 | (b) Funds deposited in the department's Administrative |
359 | Trust Fund for verified trauma centers may be used to maximize |
360 | the receipt of federal funds that may be available for such |
361 | trauma centers and nontrauma center public hospitals. |
362 | Notwithstanding this section and s. 318.14, distributions to |
363 | trauma centers may be adjusted in a manner to ensure that total |
364 | payments to trauma centers represent the same proportional |
365 | allocation as set forth in this section and s. 318.14. For |
366 | purposes of this section and s. 318.14, total funds distributed |
367 | to trauma centers may include revenue from the Administrative |
368 | Trust Fund and federal funds for which revenue from the |
369 | Administrative Trust Fund is used to meet state or local |
370 | matching requirements. Funds collected under ss. 318.14, |
371 | 316.0083, and 318.18(15) and deposited in the Administrative |
372 | Trust Fund of the department shall be distributed to trauma |
373 | centers and nontrauma center public hospitals on a quarterly |
374 | basis using the most recent calendar year data available. Such |
375 | data shall not be used for more than four quarterly |
376 | distributions unless there are extenuating circumstances as |
377 | determined by the department, in which case the most recent |
378 | calendar year data available shall continue to be used and |
379 | appropriate adjustments shall be made as soon as the more recent |
380 | data becomes available. |
381 | Section 9. This act recognizes and ratifies any |
382 | enforcement action taken by a county or municipality using a |
383 | traffic infraction detector that was installed before the |
384 | effective date of this act. |
385 | Section 10. If any provision of this act or its |
386 | application to any person or circumstance is held invalid, the |
387 | invalidity shall not affect other provisions or applications of |
388 | this act which can be given effect without the invalid provision |
389 | or application, and to this end the provisions of this act are |
390 | declared severable. |
391 | Section 11. This act shall take effect upon becoming a |
392 | law. |
393 |
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394 | ----------------------------------------------------- |
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 |
398 | An act relating to uniform traffic control; creating the |
399 | "Mark Wandall Traffic Safety Act"; amending s. 316.003, |
400 | F.S.; defining the term "traffic infraction detector"; |
401 | creating s. 316.0083, F.S.; creating the Mark Wandall |
402 | Traffic Safety Program to be administered by the |
403 | Department of Transportation; requiring a county or |
404 | municipality to enact an ordinance in order to use a |
405 | traffic infraction detector to identify a motor vehicle |
406 | that fails to stop at a traffic control signal steady red |
407 | light; requiring such detectors to meet department |
408 | contract specifications; requiring authorization of a |
409 | traffic infraction enforcement officer or a code |
410 | enforcement officer to issue and enforce a ticket for such |
411 | violation; requiring signage; requiring certain public |
412 | awareness procedures; requiring the ordinance to establish |
413 | a fine of a certain amount; requiring the ordinance to |
414 | provide for installing, maintaining, and operating such |
415 | detectors on rights-of-way owned or maintained by the |
416 | Department of Transportation, county, or municipality; |
417 | prohibiting additional charges; exempting emergency |
418 | vehicles; providing that the registered owner of the motor |
419 | vehicle involved in the violation is responsible and |
420 | liable for payment of the fine assessed; providing |
421 | exceptions; providing procedures for disposition and |
422 | enforcement of tickets; providing for a person to contest |
423 | such ticket; providing for disposition of revenue |
424 | collected; providing complaint procedures; providing for |
425 | the Legislature to exclude a county or municipality from |
426 | the program; requiring reports from participating |
427 | municipalities and counties to the department; requiring |
428 | the department to make reports to the Governor and the |
429 | Legislature; amending s. 316.0745, F.S.; providing that |
430 | traffic infraction detectors must meet certain |
431 | specifications; creating s. 316.07456, F.S.; providing for |
432 | preexisting equipment; requiring counties and |
433 | municipalities that enacted an ordinance to enforce red |
434 | light violations or entered into a contract to purchase or |
435 | lease equipment to enforce red light violations prior to |
436 | the effective date of this act to charge a certain penalty |
437 | amount; requiring counties or municipalities that have |
438 | acquired such equipment pursuant to an agreement entered |
439 | into prior to the effective date of this act to make |
440 | certain payments to the state; creating s. 316.0776, F.S.; |
441 | providing for placement and installation of detectors on |
442 | the State Highway System, county roads, and city streets; |
443 | amending s. 316.1967, F.S.; providing for inclusion of |
444 | persons with outstanding violations in a list sent to the |
445 | department for enforcement purposes; amending s. 395.4036, |
446 | F.S.; providing for distribution of funds to trauma |
447 | centers, certain hospitals, certain nursing homes, and |
448 | certain health units and programs; ratifying prior |
449 | enforcement actions; providing for severability; providing |
450 | an effective date. |