CS/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 or a code enforcement
13officer to issue and enforce a ticket for such violation;
14requiring signage; requiring certain public awareness
15procedures; requiring the ordinance to establish a fine of
16a certain amount and require the vehicle owner to attend a
17driver improvement course; requiring the ordinance to
18provide for installing, maintaining, and operating traffic
19infraction detectors on rights-of-way owned or maintained
20by the Department of Transportation or the county;
21requiring the county or Department of Transportation to
22issue permits for the installation; prohibiting additional
23charges; exempting emergency vehicles; providing that the
24registered owner of the motor vehicle involved in the
25violation is responsible and liable for payment of the
26fine assessed; providing exceptions; providing procedures
27for disposition and enforcement of tickets; providing for
28disposition of revenue collected; providing complaint
29procedures; providing for the Legislature to exclude a
30county or municipality from the program; requiring reports
31from participating municipalities and counties to the
32department; requiring the department to make reports to
33the Governor and the Legislature; amending s. 316.0745,
34F.S.; providing that traffic infraction detectors must
35meet certain requirements; providing for preexisting
36equipment; amending s. 316.1967, F.S.; providing for
37inclusion of persons with outstanding violations in a list
38sent to the department for enforcement purposes; amending
39s. 320.03, F.S.; requiring certain persons to provide
40proof of compliance with the requirement to attend a
41driver improvement course before a license plate or
42revalidation sticker may be issued; providing for
43severability; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  This act may be cited as the "Mark Wandall
48Traffic Safety Act."
49     Section 2.  Subsection (86) is added to section 316.003,
50Florida Statutes, to read:
51     316.003  Definitions.--The following words and phrases,
52when used in this chapter, shall have the meanings respectively
53ascribed to them in this section, except where the context
54otherwise requires:
55     (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses a
56vehicle sensor installed to work in conjunction with a traffic
57control signal and a camera or cameras synchronized to
58automatically record two or more sequenced photographic or
59electronic images or streaming video of only the rear of a motor
60vehicle at the time the vehicle fails to stop behind the stop
61bar or clearly marked stop line when facing a traffic control
62signal steady red light. Any ticket issued by the use of a
63traffic infraction detector must include a photograph or other
64recorded image showing both the license tag of the offending
65vehicle and the traffic control device being violated.
66     Section 3.  Section 316.0083, Florida Statutes, is created
67to read:
68     316.0083  Mark Wandall Traffic Safety Program;
69administration; report.--
70     (1)  There is created the Mark Wandall Traffic Safety
71Program governing the operation of traffic infraction detectors.
72The program shall be administered by the Department of Highway
73Safety and Motor Vehicles and shall include the following
74provisions:
75     (a)  In order to use a traffic infraction detector, a
76county or municipality must enact an ordinance that provides for
77the use of a traffic infraction detector to enforce s.
78316.075(1)(c), which requires the driver of a vehicle to stop
79the vehicle when facing a traffic control signal steady red
80light on the streets and highways under the jurisdiction of the
81county or municipality. A county or municipality that operates a
82traffic infraction detector must authorize a traffic infraction
83enforcement officer or a code enforcement officer to issue a
84ticket for a violation of s. 316.075(1)(c) and to enforce the
85payment of the ticket for such violation. This paragraph does
86not authorize a traffic infraction enforcement officer or a code
87enforcement officer to carry a firearm or other weapon and does
88not authorize such an officer to make arrests. The ordinance
89must require signs to be posted at locations designated by the
90county or municipality providing notification that a traffic
91infraction detector may be in use. Such signage must conform to
92the standards and requirements adopted by the Department of
93Transportation under s. 316.0745. The ordinance must also
94require that the county or municipality make a public
95announcement and conduct a public awareness campaign of the
96proposed use of traffic infraction detectors at least 30 days
97before commencing the enforcement program. In addition, the
98ordinance must establish a fine of $150 to be assessed against
99the registered owner of a motor vehicle that fails to stop when
100facing a traffic control signal steady red light as determined
101through the use of a traffic infraction detector and must
102require the motor vehicle owner to attend a basic driver
103improvement course approved by the department. Any other
104provision of law to the contrary notwithstanding, an additional
105surcharge, fee, or cost may not be added to the civil penalty
106authorized by this paragraph.
107     (b)  When responding to an emergency call, an emergency
108vehicle is exempt from any ordinance enacted under this section.
109     (c)  A county or municipality must adopt an ordinance under
110this section that provides for the use of a traffic infraction
111detector in order to impose a fine on the registered owner of a
112motor vehicle for a violation of s. 316.075(1)(c). The fine
113shall be imposed in the same manner and is subject to the same
114limitations as provided for parking violations under s.
115316.1967. Each registered owner of a motor vehicle upon whom a
116fine is imposed for violation of s. 316.075(1)(c) shall be
117required to attend a basic driver improvement course. Except as
118specifically provided in this section, chapter 318 and s. 322.27
119do not apply to a violation of s. 316.075(1)(c) for which a
120ticket has been issued under an ordinance enacted pursuant to
121this section. Enforcement of a ticket issued under the ordinance
122is not a conviction of the operator of the motor vehicle, may
123not be made a part of the driving record of the operator, and
124may not be used for purposes of setting motor vehicle insurance
125rates. Points under s. 322.27 may not be assessed based upon
126such enforcement. The ordinance must provide for the county or
127municipality to install, maintain, and operate traffic
128infraction detectors on right-of-way owned or maintained by the
129county or the Department of Transportation in which the traffic
130infraction detector is to be installed. The county or the
131Department of Transportation shall issue permits to the county
132or municipality or its designated agent for the installation of
133traffic infraction detectors according to established permitting
134standards.
135     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
136to an ordinance enacted pursuant to this section, except that
137the ticket must contain the name and address of the person
138alleged to be liable as the registered owner of the motor
139vehicle involved in the violation, the registration number of
140the motor vehicle, the violation charged, a copy of the
141photographic image or images evidencing the violation, the
142location where the violation occurred, the date and time of the
143violation, information that identifies the device that recorded
144the violation, and a signed statement by a specifically trained
145technician employed by the agency or its contractor that, based
146on inspection of photographs or other recorded images, the motor
147vehicle was being operated in violation of s. 316.075(1)(c). The
148ticket must advise the registered owner of the motor vehicle
149involved in the violation of the amount of the fine, the date by
150which the fine must be paid, the requirement for attending a
151basic driver improvement course, and the procedure for
152contesting the violation alleged in the ticket. The ticket must
153contain a warning that failure to contest the violation in the
154manner and time provided is deemed an admission of the liability
155and that a default may be entered thereon. The violation shall
156be processed by the county or municipality that has jurisdiction
157over the street or highway where the violation occurred or by
158any entity authorized by the county or municipality to prepare
159and mail the ticket.
160     (e)  The ticket shall be sent by first-class mail addressed
161to the registered owner of the motor vehicle and postmarked no
162later than 30 days after the date of the violation.
163     (f)1.  The registered owner of the motor vehicle involved
164in a violation is responsible and liable for payment of the fine
165assessed pursuant to this section unless the owner can establish
166that:
167     a.  The motor vehicle passed through the intersection in
168order to yield right-of-way to an emergency vehicle or as part
169of a funeral procession;
170     b.  The motor vehicle passed through the intersection at
171the direction of a law enforcement officer;
172     c.  The motor vehicle was stolen at the time of the alleged
173violation;
174     d.  A uniform traffic citation was issued to the driver of
175the motor vehicle for the alleged violation of s. 316.075(1)(c);
176or
177     e.  A medical emergency.
178     2.  In order to establish any such fact, the registered
179owner of the vehicle must, within 30 days after receipt of
180notification of the alleged violation, furnish to the county or
181municipality, as appropriate, an affidavit that sets forth
182detailed information supporting an exemption as provided in sub-
183subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
184or sub-subparagraph 1.d. For an exemption under sub-subparagraph
1851.c., the affidavit must set forth that the vehicle was stolen
186and be accompanied by a copy of the police report indicating
187that the vehicle was stolen at the time of the alleged
188violation. For an exemption under sub-subparagraph 1.d., the
189affidavit must set forth that a citation was issued and be
190accompanied by a copy of the citation indicating the time of the
191alleged violation and the location of the intersection where it
192occurred.
193     (g)  A person may contest the determination that such
194person failed to stop at a traffic control signal steady red
195light as evidenced by a traffic infraction detector by electing
196to appear before any judge authorized by law to preside over a
197court hearing that adjudicates traffic infractions. A person who
198elects to appear before the court to present evidence is deemed
199to have waived the limitation of civil penalties imposed for the
200violation. The court, after hearing, shall determine whether the
201violation was committed and may impose a civil penalty not to
202exceed $150 plus costs, and shall order the registered owner of
203the motor vehicle to attend a basic driver improvement course if
204the court finds that a violation was committed. The court may
205take appropriate measures to enforce the collection of any
206penalty not paid within the time permitted by the court or
207failure by a person to attend a basic driver improvement course
208as ordered by the court.
209     (h)  A certificate sworn to or affirmed by a person
210authorized under this section who is employed by or under
211contract with the county or municipality where the infraction
212occurred, or a facsimile thereof that is based upon inspection
213of photographs or other recorded images produced by a traffic
214infraction detector, is prima facie evidence of the facts
215contained in the certificate. A photograph or other recorded
216image evidencing a violation of s. 316.075(1)(c) must be
217available for inspection in any proceeding to adjudicate
218liability under an ordinance enacted pursuant to this section.
219     (i)  In any county or municipality in which tickets are
220issued as provided in this section, the names of persons who
221have one or more outstanding violations may be included on the
222list authorized under s. 316.1967(6).
223     (j)  If the driver of the motor vehicle received a citation
224from a traffic enforcement officer at the time of the violation,
225a ticket may not be issued pursuant to this section.
226     (2)(a)  Of the fine imposed pursuant to paragraph (1)(a) or
227paragraph (1)(g), one-fifth shall be remitted by the county or
228municipality to the county court for distribution as provided in
229s. 318.21, one-fifth shall be remitted to the Department of
230Revenue for deposit into the Department of Health Administrative
231Trust Fund, and three-fifths shall be retained by the county or
232municipality enforcing the ordinance enacted pursuant to this
233section. Funds deposited into the Department of Health
234Administrative Trust Fund under this subsection shall be
235allocated as follows:
236     1.  Forty-nine percent shall be allocated equally among all
237Level I, Level II, and pediatric trauma centers in recognition
238of readiness costs for maintaining trauma services.
239     2.  Forty-nine percent shall be allocated among Level I,
240Level II, and pediatric trauma centers based on each center's
241relative volume of trauma cases as reported in the Department of
242Health Trauma Registry.
243     3.  Two percent shall be allocated to non-trauma center
244public hospitals based on their proportionate number of
245emergency room visits.
246     (b)  Any hospital receiving funds under this section may
247request that its allocation under this subsection be remitted to
248the Agency for Health Care Administration for use as Grants and
249Donations Trust Fund moneys for purposes allowed under the
250General Appropriations Act.
251     (3)  A complaint that a county or municipality is employing
252traffic infraction detectors for purposes other than the
253promotion of public health, welfare, and safety or in a manner
254inconsistent with this section may be submitted to the governing
255body of such county or municipality. Such complaints, along with
256any investigation and corrective action taken by the county or
257municipal governing body, shall be included in the annual report
258to the department and in the department's annual summary report
259to the Governor, the President of the Senate, and the Speaker of
260the House Representatives, as required by this section. Based on
261its review of the report, the Legislature may exclude a county
262or municipality from further participation in the program.
263     (4)(a)  Each county or municipality that operates a traffic
264infraction detector shall submit an annual report to the
265department that details the results of using the traffic
266infraction detector and the procedures for enforcement.
267     (b)  The department shall provide an annual summary report
268to the Governor, the President of the Senate, and the Speaker of
269the House of Representatives regarding the use and operation of
270traffic infraction detectors under this section. The summary
271report must include a review of the information submitted to the
272department by the counties and municipalities and must describe
273the enhancement of the traffic safety and enforcement programs.
274The department shall report its recommendations, including any
275necessary legislation, on or before December 1, 2010, to the
276Governor, the President of the Senate, and the Speaker of the
277House of Representatives.
278     Section 4.  Subsection (6) of section 316.0745, Florida
279Statutes, is amended to read:
280     316.0745  Uniform signals and devices.--
281     (6)(a)  Any system of traffic control devices controlled
282and operated from a remote location by electronic computers or
283similar devices must shall meet all requirements established for
284the uniform system, and, if where such a system affects systems
285affect the movement of traffic on state roads, the design of the
286system must shall be reviewed and approved by the Department of
287Transportation; however, any such equipment acquired by
288purchase, lease, or other arrangement pursuant to an agreement
289entered into by a county or municipality prior to the effective
290date of this act or equipment used to enforce an ordinance
291enacted by a county or municipality prior to the effective date
292of this act shall not be required to meet the requirements
293established for the uniform system until 1 year after the
294effective date of this act.
295     (b)  Any traffic infraction detector deployed on the
296streets and highways of the state must meet requirements
297established by the Department of Transportation and must be
298tested at regular intervals according to procedures prescribed
299by that department.
300     Section 5.  Subsection (6) of section 316.1967, Florida
301Statutes, is amended to read:
302     316.1967  Liability for payment of parking ticket
303violations and other parking violations.--
304     (6)  Any county or municipality may provide by ordinance
305that the clerk of the court or the traffic violations bureau
306shall supply the department with a magnetically encoded computer
307tape reel or cartridge or send by other electronic means data
308which is machine readable by the installed computer system at
309the department, listing persons who have three or more
310outstanding parking violations, including violations of s.
311316.1955, or who have one or more outstanding tickets for a
312violation of a traffic control signal steady red light
313indication issued pursuant to an ordinance adopted under s.
314316.0083. Each county shall provide by ordinance that the clerk
315of the court or the traffic violations bureau shall supply the
316department with a magnetically encoded computer tape reel or
317cartridge or send by other electronic means data that is machine
318readable by the installed computer system at the department,
319listing persons who have any outstanding violations of s.
320316.1955 or any similar local ordinance that regulates parking
321in spaces designated for use by persons who have disabilities.
322The department shall mark the appropriate registration records
323of persons who are so reported. Section 320.03(8) applies to
324each person whose name appears on the list.
325     Section 6.  Subsection (8) of section 320.03, Florida
326Statutes, reads:
327     320.03  Registration; duties of tax collectors;
328International Registration Plan.--
329     (8)  If the applicant's name appears on the list referred
330to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
331license plate or revalidation sticker may not be issued until
332that person's name no longer appears on the list or until the
333person presents a receipt from the clerk showing that the fines
334outstanding have been paid. An applicant on the list referred to
335in s. 316.1967(6) must also provide proof of attending a basic
336driver improvement course before a license plate or revalidation
337sticker may be issued. This subsection does not apply to the
338owner of a leased vehicle if the vehicle is registered in the
339name of the lessee of the vehicle. The tax collector and the
340clerk of the court are each entitled to receive monthly, as
341costs for implementing and administering this subsection, 10
342percent of the civil penalties and fines recovered from such
343persons. As used in this subsection, the term "civil penalties
344and fines" does not include a wrecker operator's lien as
345described in s. 713.78(13). If the tax collector has private tag
346agents, such tag agents are entitled to receive a pro rata share
347of the amount paid to the tax collector, based upon the
348percentage of license plates and revalidation stickers issued by
349the tag agent compared to the total issued within the county.
350The authority of any private agent to issue license plates shall
351be revoked, after notice and a hearing as provided in chapter
352120, if he or she issues any license plate or revalidation
353sticker contrary to the provisions of this subsection. This
354section applies only to the annual renewal in the owner's birth
355month of a motor vehicle registration and does not apply to the
356transfer of a registration of a motor vehicle sold by a motor
357vehicle dealer licensed under this chapter, except for the
358transfer of registrations which is inclusive of the annual
359renewals. This section does not affect the issuance of the title
360to a motor vehicle, notwithstanding s. 319.23(7)(b).
361     Section 7.  If any provision of this act or its application
362to any person or circumstance is held invalid, the invalidity
363shall not affect other provisions or applications of this act
364which can be given effect without the invalid provision or
365application, and to this end the provisions of this act are
366declared severable.
367     Section 8.  This act shall take effect upon becoming a law.


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