CS/CS/CS/HB 439

1	A bill to be entitled
2	An act relating to uniform traffic control; creating the
3	"Mark Wandall Traffic Safety Act"; amending s. 316.003,
4	F.S.; defining the term "traffic infraction detector";
5	creating s. 316.0083, F.S.; creating the Mark Wandall
6	Traffic Safety Program to be administered by the
7	Department of Transportation; requiring a county or
8	municipality to enact an ordinance in order to use a
9	traffic infraction detector to identify a motor vehicle
10	that fails to stop at a traffic control signal steady red
11	light; requiring such detectors to meet department
12	contract specifications; requiring authorization of a
13	traffic infraction enforcement officer or a code
14	enforcement officer to issue and enforce a ticket for such
15	violation; requiring signage; requiring certain public
16	awareness procedures; requiring the ordinance to establish
17	a fine of a certain amount; requiring the ordinance to
18	provide for installing, maintaining, and operating such
19	detectors on rights-of-way owned or maintained by the
20	Department of Transportation, county, or municipality;
21	prohibiting additional charges; exempting emergency
22	vehicles; providing that the registered owner of the motor
23	vehicle involved in the violation is responsible and
24	liable for payment of the fine assessed; providing
25	exceptions; providing procedures for disposition and
26	enforcement of tickets; providing for a person to contest
27	such ticket; providing for disposition of revenue
28	collected; providing complaint procedures; providing for
29	the Legislature to exclude a county or municipality from
30	the program; requiring reports from participating
31	municipalities and counties to the department; requiring
32	the department to make reports to the Governor and the
33	Legislature; amending s. 316.0745, F.S.; providing that
34	traffic infraction detectors must meet certain
35	specifications; providing for preexisting equipment;
36	requiring counties or municipalities that have acquired
37	such equipment pursuant to an agreement entered into prior
38	to the effective date of this act to make certain payments
39	to the state; creating s. 316.0776, F.S.; providing for
40	placement and installation of detectors on the State
41	Highway System, county roads, and city streets; amending
42	s. 316.1967, F.S.; providing for inclusion of persons with
43	outstanding violations in a list sent to the department
44	for enforcement purposes; amending s. 395.4036, F.S.;
45	providing for distribution of funds to trauma centers,
46	certain hospitals, and certain nursing homes; ratifying
47	prior enforcement actions; providing for severability;
48	providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  This act may be cited as the "Mark Wandall
53	Traffic Safety Act."
54	Section 2.  Subsection (86) is added to section 316.003,
55	Florida Statutes, to read:
56	316.003  Definitions.--The following words and phrases,
57	when used in this chapter, shall have the meanings respectively
58	ascribed to them in this section, except where the context
59	otherwise requires:
60	(86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
61	installed to work in conjunction with a traffic control signal
62	and a camera or cameras synchronized to automatically record two
63	or more sequenced photographic or electronic images or streaming
64	video of only the rear of a motor vehicle at the time the
65	vehicle fails to stop behind the stop bar or clearly marked stop
66	line when facing a traffic control signal steady red light. Any
67	ticket issued by the use of a traffic infraction detector must
68	include a photograph or other recorded image showing both the
69	license tag of the offending vehicle and the traffic control
70	device being violated.
71	Section 3.  Section 316.0083, Florida Statutes, is created
72	to read:
73	316.0083  Mark Wandall Traffic Safety Program;
74	administration; report.--
75	(1)  There is created the Mark Wandall Traffic Safety
76	Program governing the operation of traffic infraction detectors.
77	The program shall be administered by the Department of
78	Transportation and shall include the following provisions:
79	(a)  In order to use a traffic infraction detector, a
80	county or municipality must enact an ordinance that provides for
81	the use of a traffic infraction detector to enforce s.
82	316.075(1)(c), which requires the driver of a vehicle to stop
83	the vehicle when facing a traffic control signal steady red
84	light on the streets and highways under the jurisdiction of the
85	county or municipality. The traffic infraction detector must
86	conform to the contract specifications adopted by the Department
87	of Transportation under s. 316.0776. A county or municipality
88	may install such detectors on state, county, or municipal
89	rights-of-way within the boundaries of that county or
90	municipality. Only a municipality may install or authorize the
91	installation of any such detectors within the incorporated area
92	of the municipality. A municipality may authorize the state or
93	county to install such detectors within its incorporated area.
94	Only a county may install or authorize the installation of any
95	such detectors within the unincorporated area of the county. A
96	county may authorize the state to install such detectors in the
97	unincorporated area of the county. A county or municipality that
98	operates a traffic infraction detector must authorize a traffic
99	infraction enforcement officer or a code enforcement officer to
100	issue a ticket for a violation of s. 316.075(1)(c) and to
101	enforce the payment of the ticket for such violation. This
102	paragraph does not authorize a traffic infraction enforcement
103	officer or a code enforcement officer to carry a firearm or
104	other weapon and does not authorize such an officer to make
105	arrests. The ordinance must require signs to be posted at
106	locations designated by the county or municipality providing
107	notification that a traffic infraction detector may be in use.
108	Such signage must conform to the specifications adopted by the
109	Department of Transportation under s. 316.0745. The ordinance
110	must provide for the county or municipality to install,
111	maintain, and operate traffic infraction detectors on a right-
112	of-way owned or maintained by the Department of Transportation
113	or on a right-of-way owned or maintained by the county or
114	municipality in which the traffic infraction detector is to be
115	installed. The ordinance must also require that the county or
116	municipality make a public announcement and conduct a public
117	awareness campaign of the proposed use of traffic infraction
118	detectors at least 30 days before commencing the enforcement
119	program. In addition, the ordinance must establish a fine of
120	$150 to be assessed against the registered owner of a motor
121	vehicle that fails to stop when facing a traffic control signal
122	steady red light as determined through the use of a traffic
123	infraction detector. Any other provision of law to the contrary
124	notwithstanding, an additional surcharge, fee, or cost may not
125	be added to the civil penalty authorized by this paragraph.
126	(b)  When responding to an emergency call, an emergency
127	vehicle is exempt from any ordinance enacted under this section.
128	(c)  A county or municipality must adopt an ordinance under
129	this section that provides for the use of a traffic infraction
130	detector in order to impose a fine on the registered owner of a
131	motor vehicle for a violation of s. 316.075(1)(c). The fine
132	shall be imposed in the same manner and is subject to the same
133	limitations as provided for parking violations under s.
134	316.1967. Except as specifically provided in this section,
135	chapter 318 and s. 322.27 do not apply to a violation of s.
136	316.075(1)(c) for which a ticket has been issued under an
137	ordinance enacted pursuant to this section. Enforcement of a
138	ticket issued under the ordinance is not a conviction of the
139	operator of the motor vehicle, may not be made a part of the
140	driving record of the operator, and may not be used for purposes
141	of setting motor vehicle insurance rates. Points under s. 322.27
142	may not be assessed based upon such enforcement.
143	(d)  The procedures set forth in s. 316.1967(2)-(5) apply
144	to an ordinance enacted pursuant to this section, except that
145	the ticket must contain the name and address of the person
146	alleged to be liable as the registered owner of the motor
147	vehicle involved in the violation, the tag number of the motor
148	vehicle, the violation charged, a copy of the photographic image
149	or images evidencing the violation, the location where the
150	violation occurred, the date and time of the violation,
151	information that identifies the device that recorded the
152	violation, and a signed statement by a specifically trained
153	technician employed by the agency or its contractor that, based
154	on inspection of photographs or other recorded images, the motor
155	vehicle was being operated in violation of s. 316.075(1)(c). The
156	ticket must advise the registered owner of the motor vehicle
157	involved in the violation of the amount of the fine, the date by
158	which the fine must be paid, and the procedure for contesting
159	the violation alleged in the ticket. The ticket must contain a
160	warning that failure to contest the violation in the manner and
161	time provided is deemed an admission of the liability and that a
162	default may be entered thereon. The violation shall be processed
163	by the county or municipality that has jurisdiction over the
164	street or highway where the violation occurred or by any entity
165	authorized by the county or municipality to prepare and mail the
166	ticket.
167	(e)  The ticket shall be sent by first-class mail addressed
168	to the registered owner of the motor vehicle and postmarked no
169	later than 30 days after the date of the violation.
170	(f)1.  The registered owner of the motor vehicle involved
171	in a violation is responsible and liable for payment of the fine
172	assessed pursuant to this section unless the owner can establish
173	that:
174	a.  The motor vehicle passed through the intersection in
175	order to yield right-of-way to an emergency vehicle or as part
176	of a funeral procession;
177	b.  The motor vehicle passed through the intersection at
178	the direction of a law enforcement officer;
179	c.  The motor vehicle was stolen at the time of the alleged
180	violation;
181	d.  A uniform traffic citation was issued to the driver of
182	the motor vehicle for the alleged violation of s. 316.075(1)(c);
183	or
184	e.  A medical emergency.
185	2.  In order to establish any such fact, the registered
186	owner of the vehicle must, within 30 days after receipt of
187	notification of the alleged violation, furnish to the county or
188	municipality, as appropriate, an affidavit that sets forth
189	detailed information supporting an exemption as provided in sub-
190	subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
191	or sub-subparagraph 1.d. For an exemption under sub-subparagraph
192	1.c., the affidavit must set forth that the vehicle was stolen
193	and be accompanied by a copy of the police report indicating
194	that the vehicle was stolen at the time of the alleged
195	violation. For an exemption under sub-subparagraph 1.d., the
196	affidavit must set forth that a citation was issued and be
197	accompanied by a copy of the citation indicating the time of the
198	alleged violation and the location of the intersection where it
199	occurred.
200	(g)  A person may contest the determination that such
201	person failed to stop at a traffic control signal steady red
202	light as evidenced by a traffic infraction detector by electing
203	to appear before any judge authorized by law to preside over a
204	court hearing that adjudicates traffic infractions. A person who
205	elects to appear before the court to present evidence is deemed
206	to have waived the limitation of civil penalties imposed for the
207	violation. The court, after hearing, shall determine whether the
208	violation was committed and may impose a civil penalty not to
209	exceed $150 plus costs. The court may take appropriate measures
210	to enforce the collection of any penalty not paid within the
211	time permitted by the court.
212	(h)  A certificate sworn to or affirmed by a person
213	authorized under this section who is employed by or under
214	contract with the county or municipality where the infraction
215	occurred, or a facsimile thereof that is based upon inspection
216	of photographs or other recorded images produced by a traffic
217	infraction detector, is prima facie evidence of the facts
218	contained in the certificate. A photograph or other recorded
219	image evidencing a violation of s. 316.075(1)(c) must be
220	available for inspection in any proceeding to adjudicate
221	liability under an ordinance enacted pursuant to this section.
222	(i)  In any county or municipality in which tickets are
223	issued as provided in this section, the names of persons who
224	have one or more outstanding violations may be included on the
225	list authorized under s. 316.1967(6).
226	(2)  Of the fine imposed pursuant to paragraph (1)(a) or
227	paragraph (1)(g), one-fifth shall be remitted by the county or
228	municipality to the Department of Revenue for deposit into the
229	State Transportation Trust Fund, one-fifth shall be remitted to
230	the Department of Revenue for deposit into the Department of
231	Health Administrative Trust Fund, and three-fifths shall be
232	retained by the county or municipality enforcing the ordinance
233	enacted pursuant to this section. Funds deposited into the
234	Department of Health Administrative Trust Fund under this
235	subsection shall be distributed as provided in s. 395.4036(1).
236	(3)  A complaint that a county or municipality is employing
237	traffic infraction detectors for purposes other than the
238	promotion of public health, welfare, and safety or in a manner
239	inconsistent with this section may be submitted to the governing
240	body of such county or municipality. Such complaints, along with
241	any investigation and corrective action taken by the county or
242	municipal governing body, shall be included in the annual report
243	to the Department of Transportation and in that department's
244	annual summary report to the Governor, the President of the
245	Senate, and the Speaker of the House Representatives, as
246	required by this section. Based on its review of the report, the
247	Legislature may exclude a county or municipality from further
248	participation in the program.
249	(4)(a)  Each county or municipality that operates a traffic
250	infraction detector shall submit an annual report to the
251	Department of Transportation that details the results of using
252	the traffic infraction detector and the procedures for
253	enforcement.
254	(b)  The Department of Transportation shall provide an
255	annual summary report to the Governor, the President of the
256	Senate, and the Speaker of the House of Representatives
257	regarding the use and operation of traffic infraction detectors
258	under this section. The summary report must include a review of
259	the information submitted to the Department of Transportation by
260	the counties and municipalities and must describe the
261	enhancement of the traffic safety and enforcement programs. The
262	Department of Transportation shall report its recommendations,
263	including any necessary legislation, on or before December 1,
264	2010, to the Governor, the President of the Senate, and the
265	Speaker of the House of Representatives.
266	Section 4.  Subsection (6) of section 316.0745, Florida
267	Statutes, is amended to read:
268	316.0745  Uniform signals and devices.--
269	(6)(a)  Any system of traffic control devices controlled
270	and operated from a remote location by electronic computers or
271	similar devices must shall meet all requirements established for
272	the uniform system, and, if where such a system affects systems
273	affect the movement of traffic on state roads, the design of the
274	system must shall be reviewed and approved by the Department of
275	Transportation.
276	(b)  Any traffic infraction detector deployed on the
277	streets and highways of the state must meet the specifications
278	established by the Department of Transportation and must be
279	tested at regular intervals according to procedures prescribed
280	by that department.
281	(c)  Any such equipment acquired by purchase, lease, or
282	other arrangement pursuant to an agreement entered into by a
283	county or municipality prior to the effective date of this act
284	or equipment used to enforce an ordinance enacted by a county or
285	municipality prior to the effective date of this act shall not
286	be required to meet the specifications established for the
287	uniform system until September 30, 2010. Any county or
288	municipality that has acquired such equipment pursuant to an
289	agreement entered into prior to the effective date of this act
290	shall remit $30 to the Department of Revenue for each citation
291	or ticket for which payment is collected by that county or
292	municipality between the effective date of this act and
293	September 30, 2010. The Department of Revenue shall deposit such
294	funds into the State Transportation Trust Fund as provided in s.
295	316.0083(2).
296	Section 5.  Section 316.0776, Florida Statutes, is created
297	to read:
298	316.0776  Traffic infraction detectors; placement and
299	installation.--Placement and installation of traffic infraction
300	detectors is allowed on the State Highway System, county roads,
301	and city streets pursuant to specifications developed by the
302	Department of Transportation, so long as the safety and
303	operation of the road facility is not impaired.
304	Section 6.  Subsection (6) of section 316.1967, Florida
305	Statutes, is amended to read:
306	316.1967  Liability for payment of parking ticket
307	violations and other parking violations.--
308	(6)  Any county or municipality may provide by ordinance
309	that the clerk of the court or the traffic violations bureau
310	shall supply the department with a magnetically encoded computer
311	tape reel or cartridge or send by other electronic means data
312	which is machine readable by the installed computer system at
313	the department, listing persons who have three or more
314	outstanding parking violations, including violations of s.
315	316.1955, or who have one or more outstanding tickets for a
316	violation of a traffic control signal steady red light
317	indication issued pursuant to an ordinance adopted under s.
318	316.0083. Each county shall provide by ordinance that the clerk
319	of the court or the traffic violations bureau shall supply the
320	department with a magnetically encoded computer tape reel or
321	cartridge or send by other electronic means data that is machine
322	readable by the installed computer system at the department,
323	listing persons who have any outstanding violations of s.
324	316.1955 or any similar local ordinance that regulates parking
325	in spaces designated for use by persons who have disabilities.
326	The department shall mark the appropriate registration records
327	of persons who are so reported. Section 320.03(8) applies to
328	each person whose name appears on the list.
329	Section 7.  Subsection (1) of section 395.4036, Florida
330	Statutes, is amended to read:
331	395.4036  Trauma payments.--
332	(1)  Recognizing the Legislature's stated intent to provide
333	financial support to the current verified trauma centers and to
334	provide incentives for the establishment of additional trauma
335	centers as part of a system of state-sponsored trauma centers,
336	the department shall use utilize funds collected under ss.
337	316.0083 and s. 318.18(15) and deposited into the Administrative
338	Trust Fund of the department to ensure the availability and
339	accessibility of trauma and emergency services throughout the
340	state as provided in this subsection.
341	(a)  Funds collected under ss. 316.0083 and 318.18(15)
342	shall be distributed as follows:
343	1.(a)  Twenty percent of the total funds collected under s.
344	316.0083 and 20 percent of the total funds collected under s.
345	318.18(15) this subsection during the state fiscal year shall be
346	distributed to verified trauma centers that have a local funding
347	contribution as of December 31. Distribution of funds under this
348	paragraph shall be based on trauma caseload volume for the most
349	recent calendar year available.
350	2.(b)  Thirty-eight percent of the total funds collected
351	under s. 316.0083 and 40 forty percent of the total funds
352	collected under s. 318.18(15) this subsection shall be
353	distributed to verified trauma centers based on trauma caseload
354	volume for the most recent calendar year available. The
355	determination of caseload volume for distribution of funds under
356	this paragraph shall be based on the department's Trauma
357	Registry data.
358	3.(c)  Thirty-eight percent of the total funds collected
359	under s. 316.0083 and 40 forty percent of the total funds
360	collected under s. 318.18(15) this subsection shall be
361	distributed to verified trauma centers based on severity of
362	trauma patients for the most recent calendar year available. The
363	determination of severity for distribution of funds under this
364	paragraph shall be based on the department's International
365	Classification Injury Severity Scores or another statistically
366	valid and scientifically accepted method of stratifying a trauma
367	patient's severity of injury, risk of mortality, and resource
368	consumption as adopted by the department by rule, weighted based
369	on the costs associated with and incurred by the trauma center
370	in treating trauma patients. The weighting of scores shall be
371	established by the department by rule.
372	4.  Two percent of the total funds collected under s.
373	316.0083 shall be distributed to public hospitals that qualify
374	for distributions under s. 409.911(4), that are not verified
375	trauma centers but are located in trauma service areas, as
376	defined under s. 395.402, and that do not have a verified trauma
377	center based on their proportionate number of emergency room
378	visits on an annual basis. The Agency for Health Care
379	Administration shall provide the department with a list of
380	public hospitals and emergency room visits.
381	5.  Two percent of the total funds collected under s.
382	316.0083 shall be distributed to provide an enhanced Medicaid
383	payment to nursing homes that serve residents with brain and
384	spinal cord injuries who are Medicaid recipients.
385	(b)  Funds deposited in the department's Administrative
386	Trust Fund for verified trauma centers may be used to maximize
387	the receipt of federal funds that may be available for such
388	trauma centers and nontrauma center public hospitals.
389	Notwithstanding this section and s. 318.14, distributions to
390	trauma centers may be adjusted in a manner to ensure that total
391	payments to trauma centers represent the same proportional
392	allocation as set forth in this section and s. 318.14. For
393	purposes of this section and s. 318.14, total funds distributed
394	to trauma centers may include revenue from the Administrative
395	Trust Fund and federal funds for which revenue from the
396	Administrative Trust Fund is used to meet state or local
397	matching requirements. Funds collected under ss. 318.14,
398	316.0083, and 318.18(15) and deposited in the Administrative
399	Trust Fund of the department shall be distributed to trauma
400	centers and nontrauma center public hospitals on a quarterly
401	basis using the most recent calendar year data available. Such
402	data shall not be used for more than four quarterly
403	distributions unless there are extenuating circumstances as
404	determined by the department, in which case the most recent
405	calendar year data available shall continue to be used and
406	appropriate adjustments shall be made as soon as the more recent
407	data becomes available.
408	Section 8.  This act recognizes and ratifies any
409	enforcement action taken by a county or municipality using a
410	traffic infraction detector that was installed before the
411	effective date of this act.
412	Section 9.  If any provision of this act or its application
413	to any person or circumstance is held invalid, the invalidity
414	shall not affect other provisions or applications of this act
415	which can be given effect without the invalid provision or
416	application, and to this end the provisions of this act are
417	declared severable.
418	Section 10.  This act shall take effect upon becoming a
419	law.

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