HB 439

1
A bill to be entitled
2An act relating to uniform traffic control; creating the
3"Mark Wandall Traffic Safety Act"; amending s. 316.003,
4F.S.; defining the term "traffic infraction detector";
5creating s. 316.0083, F.S.; creating the Mark Wandall
6Traffic Safety Program to be administered by the
7Department of Highway Safety and Motor Vehicles; requiring
8a county or municipality to enact an ordinance in order to
9use a traffic infraction detector to identify a motor
10vehicle that fails to stop at a traffic control signal
11steady red light; requiring authorization of a traffic
12infraction enforcement officer to issue and enforce a
13ticket for such violation; requiring signage; requiring
14certain public awareness procedures; requiring the
15ordinance to establish a fine of a certain amount;
16prohibiting additional charges; exempting emergency
17vehicles; providing that the registered owner of the motor
18vehicle involved in the violation is responsible and
19liable for payment of the fine assessed; providing
20exceptions; providing procedures for disposition and
21enforcement of tickets; providing for disposition of
22revenue collected; providing complaint procedures;
23providing for the Legislature to exclude a county or
24municipality from the program; requiring reports from
25participating municipalities and counties to the
26department; requiring the department to make reports to
27the Governor and the Legislature; amending s. 316.0745,
28F.S.; providing that traffic infraction detectors must
29meet certain requirements; amending s. 316.1967, F.S.;
30providing for inclusion of persons with outstanding
31violations in a list sent to the department for
32enforcement purposes; providing for severability;
33providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  This act may be cited as the "Mark Wandall
38Traffic Safety Act."
39     Section 2.  Subsection (86) is added to section 316.003,
40Florida Statutes, to read:
41     316.003  Definitions.--The following words and phrases,
42when used in this chapter, shall have the meanings respectively
43ascribed to them in this section, except where the context
44otherwise requires:
45     (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses a
46vehicle sensor installed to work in conjunction with a traffic
47control signal and a camera synchronized to automatically record
48two or more sequenced photographic or electronic images or
49streaming video of only the rear of a motor vehicle at the time
50the vehicle fails to stop behind the stop bar or clearly marked
51stop line when facing a traffic control signal steady red light.
52Any citation issued by the use of a traffic infraction detector
53must include a photograph or other recorded image showing both
54the license tag of the offending vehicle and the traffic control
55device being violated.
56     Section 3.  Section 316.0083, Florida Statutes, is created
57to read:
58     316.0083  Mark Wandall Traffic Safety Program;
59administration; report.--
60     (1)  There is created the Mark Wandall Traffic Safety
61Program governing the operation of traffic infraction detectors.
62The program shall be administered by the Department of Highway
63Safety and Motor Vehicles and shall include the following
64provisions:
65     (a)  In order to use a traffic infraction detector, a
66county or municipality must enact an ordinance that provides for
67the use of a traffic infraction detector to enforce s.
68316.075(1)(c), which requires the driver of a vehicle to stop
69the vehicle when facing a traffic control signal steady red
70light on the streets and highways under the jurisdiction of the
71county or municipality. A county or municipality that operates a
72traffic infraction detector must authorize a traffic infraction
73enforcement officer to issue a ticket for a violation of s.
74316.075(1)(c) and to enforce the payment of the ticket for such
75violation. This paragraph does not authorize a traffic
76infraction enforcement officer to carry a firearm or other
77weapon and does not authorize such an officer to make arrests.
78The ordinance must require signs to be posted at locations
79designated by the county or municipality providing notification
80that a traffic infraction detector may be in use. Such signage
81must conform to the standards and requirements adopted by the
82Department of Transportation under s. 316.0745. The ordinance
83must also require that the county or municipality make a public
84announcement and conduct a public awareness campaign of the
85proposed use of traffic infraction detectors at least 30 days
86before commencing the enforcement program. In addition, the
87ordinance must establish a fine of $150 to be assessed against
88the registered owner of a motor vehicle that fails to stop when
89facing a traffic control signal steady red light as determined
90through the use of a traffic infraction detector. Any other
91provision of law to the contrary notwithstanding, an additional
92surcharge, fee, or cost may not be added to the civil penalty
93authorized by this paragraph.
94     (b)  When responding to an emergency call, an emergency
95vehicle is exempt from any ordinance enacted under this section.
96     (c)  A county or municipality must adopt an ordinance under
97this section that provides for the use of a traffic infraction
98detector in order to impose a fine on the registered owner of a
99motor vehicle for a violation of s. 316.075(1)(c). The fine
100shall be imposed in the same manner and is subject to the same
101limitations as provided for parking violations under s.
102316.1967. Except as specifically provided in this section,
103chapter 318 and s. 322.27 do not apply to a violation of s.
104316.075(1)(c) for which a ticket has been issued under an
105ordinance enacted pursuant to this section. Enforcement of a
106ticket issued under the ordinance is not a conviction of the
107operator of the motor vehicle, may not be made a part of the
108driving record of the operator, and may not be used for purposes
109of setting motor vehicle insurance rates. Points under s. 322.27
110may not be assessed based upon such enforcement.
111     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
112to an ordinance enacted pursuant to this section, except that
113the ticket must contain the name and address of the person
114alleged to be liable as the registered owner of the motor
115vehicle involved in the violation, the registration number of
116the motor vehicle, the violation charged, a copy of the
117photographs or other recorded images, the location where the
118violation occurred, the date and time of the violation,
119information that identifies the device that recorded the
120violation, and a signed statement by a specifically trained
121technician employed by the agency or its contractor that, based
122on inspection of photographs or other recorded images, the motor
123vehicle was being operated in violation of s. 316.075(1)(c). The
124ticket must advise the registered owner of the motor vehicle
125involved in the violation of the amount of the fine, the date by
126which the fine must be paid, and the procedure for contesting
127the violation alleged in the ticket. The ticket must contain a
128warning that failure to contest the violation in the manner and
129time provided is deemed an admission of the liability and that a
130default may be entered thereon. The violation shall be processed
131by the county or municipality that has jurisdiction over the
132street or highway where the violation occurred or by any entity
133authorized by the county or municipality to prepare and mail the
134ticket.
135     (e)  The ticket shall be sent by first-class mail addressed
136to the registered owner of the motor vehicle and postmarked no
137later than 14 days after the date of the violation.
138     (f)1.  The registered owner of the motor vehicle involved
139in a violation is responsible and liable for payment of the fine
140assessed pursuant to this section unless the owner can establish
141that:
142     a.  The motor vehicle passed through the intersection in
143order to yield right-of-way to an emergency vehicle or as part
144of a funeral procession;
145     b.  The motor vehicle passed through the intersection at
146the direction of a law enforcement officer;
147     c.  The motor vehicle was stolen at the time of the alleged
148violation; or
149     d.  A uniform traffic citation was issued to the driver of
150the motor vehicle for the alleged violation of s. 316.075(1)(c).
151     2.  In order to establish any such fact, the registered
152owner of the vehicle must, within 20 days after receipt of
153notification of the alleged violation, furnish to the county or
154municipality, as appropriate, an affidavit that sets forth
155detailed information supporting an exemption as provided in sub-
156subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
157or sub-subparagraph 1.d. For an exemption under sub-subparagraph
1581.c., the affidavit must set forth that the vehicle was stolen
159and be accompanied by a copy of the police report indicating
160that the vehicle was stolen at the time of the alleged
161violation. For an exemption under sub-subparagraph 1.d., the
162affidavit must set forth that a citation was issued and be
163accompanied by a copy of the citation indicating the time of the
164alleged violation and the location of the intersection where it
165occurred.
166     (g)  A person may contest the determination that such
167person failed to stop at a traffic control signal steady red
168light as evidenced by a traffic infraction detector by electing
169to appear before any judge authorized by law to preside over a
170court hearing that adjudicates traffic infractions. A person who
171elects to appear before the court to present evidence is deemed
172to have waived the limitation of civil penalties imposed for the
173violation. The court, after hearing, shall determine whether the
174violation was committed and may impose a civil penalty not to
175exceed $150 plus costs. The court may take appropriate measures
176to enforce collection of any penalty not paid within the time
177permitted by the court.
178     (h)  A certificate sworn to or affirmed by a person
179authorized under this section who is employed by or under
180contract with the county or municipality where the infraction
181occurred, or a facsimile thereof that is based upon inspection
182of photographs or other recorded images produced by a traffic
183infraction detector, is prima facie evidence of the facts
184contained in the certificate. A photograph or other recorded
185image evidencing a violation of s. 316.075(1)(c) must be
186available for inspection in any proceeding to adjudicate
187liability under an ordinance enacted pursuant to this section.
188     (i)  In any county or municipality in which tickets are
189issued as provided in this section, the names of persons who
190have one or more outstanding violations may be included on the
191list authorized under s. 316.1967(6).
192     (j)  If the driver of the motor vehicle received a citation
193from a traffic enforcement officer at the time of the violation,
194a ticket may not be issued pursuant to this section.
195     (2)(a)  Of the fine imposed pursuant to paragraph (1)(a) or
196paragraph (1)(g), one-fifth shall be distributed as provided in
197s. 318.21, one-fifth shall be remitted to the Department of
198Revenue for deposit into the Department of Health Administrative
199Trust Fund, and three-fifths shall be retained by the county or
200municipality enforcing the ordinance enacted pursuant to this
201section. Funds deposited into the Department of Health
202Administrative Trust Fund under this subsection shall be
203allocated as follows:
204     1.  Forty-nine percent shall be allocated equally among all
205Level I, Level II, and pediatric trauma centers in recognition
206of readiness costs for maintaining trauma services.
207     2.  Forty-nine percent shall be allocated among Level I,
208Level II, and pediatric trauma centers based on each center's
209relative volume of trauma cases as reported in the Department of
210Health Trauma Registry.
211     3.  Two percent shall be allocated to non-trauma center
212public hospitals based on their proportionate number of
213emergency room visits.
214     (b)  Any hospital receiving funds under this section may
215request that its allocation under this subsection be remitted to
216the Agency for Health Care Administration for use as Grants and
217Donations Trust Fund moneys for purposes allowed under the
218General Appropriations Act.
219     (3)  A complaint that a county or municipality is employing
220traffic infraction detectors for purposes other than the
221promotion of public health, welfare, and safety or in a manner
222inconsistent with this section may be submitted to the governing
223body of such county or municipality. Such complaints, along with
224any investigation and corrective action taken by the county or
225municipal governing body, shall be included in the annual report
226to the department and in the department's annual summary report
227to the Governor, the President of the Senate, and the Speaker of
228the House Representatives, as required by this section. Based on
229its review of the report, the Legislature may exclude a county
230or municipality from further participation in the program.
231     (4)(a)  Each county or municipality that operates a traffic
232infraction detector shall submit an annual report to the
233department that details the results of using the traffic
234infraction detector and the procedures for enforcement.
235     (b)  The department shall provide an annual summary report
236to the Governor, the President of the Senate, and the Speaker of
237the House of Representatives regarding the use and operation of
238traffic infraction detectors under this section. The summary
239report must include a review of the information submitted to the
240department by the counties and municipalities and must describe
241the enhancement of the traffic safety and enforcement programs.
242The department shall report its recommendations, including any
243necessary legislation, on or before December 1, 2010, to the
244Governor, the President of the Senate, and the Speaker of the
245House of Representatives.
246     Section 4.  Subsection (6) of section 316.0745, Florida
247Statutes, is amended to read:
248     316.0745  Uniform signals and devices.--
249     (6)(a)  Any system of traffic control devices controlled
250and operated from a remote location by electronic computers or
251similar devices must shall meet all requirements established for
252the uniform system, and, if where such a system affects systems
253affect the movement of traffic on state roads, the design of the
254system must shall be reviewed and approved by the Department of
255Transportation.
256     (b)  Any traffic infraction detector deployed on the
257streets and highways of the state must meet requirements
258established by the Department of Transportation and must be
259tested at regular intervals according to procedures prescribed
260by that department.
261     Section 5.  Subsection (6) of section 316.1967, Florida
262Statutes, is amended to read:
263     316.1967  Liability for payment of parking ticket
264violations and other parking violations.--
265     (6)  Any county or municipality may provide by ordinance
266that the clerk of the court or the traffic violations bureau
267shall supply the department with a magnetically encoded computer
268tape reel or cartridge or send by other electronic means data
269which is machine readable by the installed computer system at
270the department, listing persons who have three or more
271outstanding parking violations, including violations of s.
272316.1955, or who have one or more outstanding tickets for a
273violation of a traffic control signal steady red light
274indication issued pursuant to an ordinance adopted under s.
275316.0083. Each county shall provide by ordinance that the clerk
276of the court or the traffic violations bureau shall supply the
277department with a magnetically encoded computer tape reel or
278cartridge or send by other electronic means data that is machine
279readable by the installed computer system at the department,
280listing persons who have any outstanding violations of s.
281316.1955 or any similar local ordinance that regulates parking
282in spaces designated for use by persons who have disabilities.
283The department shall mark the appropriate registration records
284of persons who are so reported. Section 320.03(8) applies to
285each person whose name appears on the list.
286     Section 6.  Subsection (8) of section 320.03, Florida
287Statutes, reads:
288     320.03  Registration; duties of tax collectors;
289International Registration Plan.--
290     (8)  If the applicant's name appears on the list referred
291to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
292license plate or revalidation sticker may not be issued until
293that person's name no longer appears on the list or until the
294person presents a receipt from the clerk showing that the fines
295outstanding have been paid. This subsection does not apply to
296the owner of a leased vehicle if the vehicle is registered in
297the name of the lessee of the vehicle. The tax collector and the
298clerk of the court are each entitled to receive monthly, as
299costs for implementing and administering this subsection, 10
300percent of the civil penalties and fines recovered from such
301persons. As used in this subsection, the term "civil penalties
302and fines" does not include a wrecker operator's lien as
303described in s. 713.78(13). If the tax collector has private tag
304agents, such tag agents are entitled to receive a pro rata share
305of the amount paid to the tax collector, based upon the
306percentage of license plates and revalidation stickers issued by
307the tag agent compared to the total issued within the county.
308The authority of any private agent to issue license plates shall
309be revoked, after notice and a hearing as provided in chapter
310120, if he or she issues any license plate or revalidation
311sticker contrary to the provisions of this subsection. This
312section applies only to the annual renewal in the owner's birth
313month of a motor vehicle registration and does not apply to the
314transfer of a registration of a motor vehicle sold by a motor
315vehicle dealer licensed under this chapter, except for the
316transfer of registrations which is inclusive of the annual
317renewals. This section does not affect the issuance of the title
318to a motor vehicle, notwithstanding s. 319.23(7)(b).
319     Section 7.  If any provision of this act or its application
320to any person or circumstance is held invalid, the invalidity
321shall not affect other provisions or applications of this act
322which can be given effect without the invalid provision or
323application, and to this end the provisions of this act are
324declared severable.
325     Section 8.  This act shall take effect upon becoming a law.


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