HB 325

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, county, or municipality; prohibiting
21	additional charges; exempting emergency vehicles;
22	providing that the registered owner of the motor vehicle
23	involved in the violation is responsible and liable for
24	payment of the fine assessed; providing exceptions;
25	providing procedures for disposition and enforcement of
26	tickets; providing for a person to contest such ticket;
27	providing for disposition of revenue collected; providing
28	complaint procedures; providing for the Legislature to
29	exclude a county or municipality from the program;
30	requiring reports from participating municipalities and
31	counties to the department; requiring the department to
32	make reports to the Governor and the Legislature; amending
33	s. 316.0745, F.S.; providing that traffic infraction
34	detectors must meet certain specifications; creating s.
35	316.07456, F.S.; providing for preexisting equipment;
36	requiring counties and municipalities that enacted an
37	ordinance to enforce red light violations or entered into
38	a contract to purchase or lease equipment to enforce red
39	light violations before the effective date of this act to
40	charge a certain penalty amount; requiring counties or
41	municipalities that have acquired such equipment pursuant
42	to an agreement entered into before the effective date of
43	this act to make certain payments to the state; providing
44	for future expiration of such provisions; creating s.
45	316.0776, F.S.; providing for placement and installation
46	of detectors on the State Highway System, county roads,
47	and city streets; amending s. 316.1967, F.S.; providing
48	for inclusion of persons with outstanding violations in a
49	list sent to the Department of Highway Safety and Motor
50	Vehicles for enforcement purposes; amending s. 395.4036,
51	F.S.; providing for distribution of funds to trauma
52	centers, certain hospitals, certain nursing homes, and
53	certain health units and programs, to be used for
54	specified purposes; correcting a cross-reference;
55	ratifying prior enforcement actions; providing for
56	severability; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  This act may be cited as the "Mark Wandall
61	Traffic Safety Act."
62	Section 2.  Subsection (86) is added to section 316.003,
63	Florida Statutes, to read:
64	316.003  Definitions.--The following words and phrases,
65	when used in this chapter, shall have the meanings respectively
66	ascribed to them in this section, except where the context
67	otherwise requires:
68	(86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
69	installed to work in conjunction with a traffic control signal
70	and a camera or cameras synchronized to automatically record two
71	or more sequenced photographic or electronic images or streaming
72	video of only the rear of a motor vehicle at the time the
73	vehicle fails to stop behind the stop bar or clearly marked stop
74	line when facing a traffic control signal steady red light. Any
75	ticket issued by the use of a traffic infraction detector must
76	include a photograph or other recorded image showing both the
77	license tag of the offending vehicle and the traffic control
78	device being violated.
79	Section 3.  Section 316.0083, Florida Statutes, is created
80	to read:
81	316.0083  Mark Wandall Traffic Safety Program;
82	administration; report.--
83	(1)  There is created the Mark Wandall Traffic Safety
84	Program governing the operation of traffic infraction detectors.
85	The program shall be administered by the Department of
86	Transportation and shall include the following provisions:
87	(a)  In order to use a traffic infraction detector, a
88	county or municipality must enact an ordinance that provides for
89	the use of a traffic infraction detector to enforce s.
90	316.075(1)(c), which requires the driver of a vehicle to stop
91	the vehicle when facing a traffic control signal steady red
92	light on the streets and highways under the jurisdiction of the
93	county or municipality. The traffic infraction detector must
94	conform to the contract specifications adopted by the Department
95	of Transportation under s. 316.0776. A county or municipality
96	may install such detectors on state, county, or municipal
97	rights-of-way within the boundaries of that county or
98	municipality. Only a municipality may install or authorize the
99	installation of any such detectors within the incorporated area
100	of the municipality. A municipality may authorize the state or
101	county to install such detectors within its incorporated area.
102	Only a county may install or authorize the installation of any
103	such detectors within the unincorporated area of the county. A
104	county may authorize the state to install such detectors in the
105	unincorporated area of the county. A county or municipality that
106	operates a traffic infraction detector must authorize a traffic
107	infraction enforcement officer or a code enforcement officer to
108	issue a ticket for a violation of s. 316.075(1)(c) and to
109	enforce the payment of the ticket for such violation. This
110	paragraph does not authorize a traffic infraction enforcement
111	officer or a code enforcement officer to carry a firearm or
112	other weapon and does not authorize such an officer to make
113	arrests. The ordinance must require signs to be posted at
114	locations designated by the county or municipality providing
115	notification that a traffic infraction detector may be in use.
116	Such signage must conform to the specifications adopted by the
117	Department of Transportation under s. 316.0745 or must be in
118	accordance with all applicable provisions of the latest edition
119	of the Manual on Uniform Traffic Control Devices, part 2, signs.
120	The ordinance must provide for the county or municipality to
121	install, maintain, and operate traffic infraction detectors on a
122	right-of-way owned or maintained by the Department of
123	Transportation or on a right-of-way owned or maintained by the
124	county or municipality in which the traffic infraction detector
125	is to be installed. The ordinance must also require that the
126	county or municipality make a public announcement and conduct a
127	public awareness campaign of the proposed use of traffic
128	infraction detectors at least 30 days before commencing the
129	enforcement program. In addition, the ordinance must establish a
130	fine of $150 to be assessed against the registered owner of a
131	motor vehicle that fails to stop when facing a traffic control
132	signal steady red light as determined through the use of a
133	traffic infraction detector. Any other provision of law to the
134	contrary notwithstanding, an additional surcharge, fee, or cost
135	may not be added to the civil penalty authorized by this
136	paragraph, except as provided in paragraph (g).
137	(b)  When responding to an emergency call, an emergency
138	vehicle is exempt from any ordinance enacted under this section.
139	(c)  A county or municipality must adopt an ordinance under
140	this section that provides for the use of a traffic infraction
141	detector in order to impose a fine on the registered owner of a
142	motor vehicle for a violation of s. 316.075(1)(c). The fine
143	shall be imposed in the same manner and is subject to the same
144	limitations as provided for parking violations under s.
145	316.1967. Except as specifically provided in this section,
146	chapter 318 and s. 322.27 do not apply to a violation of s.
147	316.075(1)(c) for which a ticket has been issued under an
148	ordinance enacted pursuant to this section. Enforcement of a
149	ticket issued under the ordinance is not a conviction of the
150	operator of the motor vehicle, may not be made a part of the
151	driving record of the operator, and may not be used for purposes
152	of setting motor vehicle insurance rates. Points under s. 322.27
153	may not be assessed based upon such enforcement.
154	(d)  The procedures set forth in s. 316.1967(2)-(5) apply
155	to an ordinance enacted pursuant to this section, except that
156	the ticket must contain the name and address of the person
157	alleged to be liable as the registered owner of the motor
158	vehicle involved in the violation, the tag number of the motor
159	vehicle, the violation charged, a copy of the photographic image
160	or images evidencing the violation, the location where the
161	violation occurred, the date and time of the violation, and a
162	signed statement by a specifically trained technician employed
163	by the agency or its contractor that, based on inspection of
164	photographs or other recorded images, the motor vehicle was
165	being operated in violation of s. 316.075(1)(c). The ticket must
166	advise the registered owner of the motor vehicle involved in the
167	violation of the amount of the fine, the date by which the fine
168	must be paid, and the procedure for contesting the violation
169	alleged in the ticket. The ticket must contain a warning that
170	failure to contest the violation in the manner and time provided
171	is deemed an admission of the liability and that a default may
172	be entered thereon. The violation shall be processed by the
173	county or municipality that has jurisdiction over the street or
174	highway where the violation occurred or by any entity authorized
175	by the county or municipality to prepare and mail the ticket.
176	(e)  The ticket shall be sent by first-class or certified
177	mail, addressed to the registered owner of the motor vehicle,
178	and postmarked no later than 30 days after obtaining the name
179	and address of the registered owner of the vehicle, but in no
180	event later than 60 days after the date of the violation.
181	(f)1.  The registered owner of the motor vehicle involved
182	in a violation is responsible and liable for payment of the fine
183	assessed pursuant to this section unless the owner can establish
184	that:
185	a.  The motor vehicle passed through the intersection in
186	order to yield right-of-way to an emergency vehicle or as part
187	of a funeral procession;
188	b.  The motor vehicle passed through the intersection at
189	the direction of a law enforcement officer;
190	c.  The motor vehicle was stolen at the time of the alleged
191	violation;
192	d.  The motor vehicle passed through the intersection
193	because the driver was responding to a medical emergency; or
194	e.  A uniform traffic citation was issued to the driver of
195	the motor vehicle for the alleged violation of s. 316.075(1)(c).
196	2.  In order to establish any such fact pursuant to
197	subparagraph 1., the registered owner of the vehicle must,
198	within 60 days after receipt of notification of the alleged
199	violation, furnish to the county or municipality, as
200	appropriate, an affidavit that sets forth detailed information
201	supporting an exemption under subparagraph 1. For an exemption
202	under sub-subparagraph 1.c., the affidavit must set forth that
203	the vehicle was stolen and be accompanied by a copy of the
204	police report indicating that the vehicle was stolen at the time
205	of the alleged violation. For an exemption under sub-
206	subparagraph 1.d, the affidavit must be accompanied by a
207	supporting document from a health care facility or a medical
208	doctor licensed to practice medicine in the state indicating
209	that the citation was issued en route to a facility for
210	emergency medical care. For an exemption under sub-subparagraph
211	1.e., the affidavit must set forth that a citation was issued
212	and be accompanied by a copy of the citation indicating the time
213	of the alleged violation and the location of the intersection
214	where it occurred.
215	(g)  A person may contest the determination that such
216	person failed to stop at a traffic control signal steady red
217	light as evidenced by a traffic infraction detector by electing
218	to appear before any judge or locally designated official
219	authorized by law to preside over an administrative hearing that
220	adjudicates traffic infractions. If a hearing is requested by
221	the registered owner, the notification by the issuing authority
222	of a hearing date, time, and location shall be made by first
223	class mail. A person who elects to appear before the judge or
224	designated official to present evidence is deemed to have waived
225	the limitation of civil penalties imposed for the violation. The
226	judge or designated official, after hearing, shall determine
227	whether the violation was committed and may impose a civil
228	penalty of $150, plus court costs. The judge or designated
229	official shall make a determination as to whether a red light
230	violation has been committed and may impose a civil penalty of
231	$150, plus court costs. Any person who fails to pay the civil
232	penalty within the time allowed by the county, municipality, or
233	court is deemed to have been convicted of a violation and the
234	court shall take appropriate measures to enforce collection of
235	the fine.
236	(h)  A certificate sworn to or affirmed by a person
237	authorized under this section who is employed by or under
238	contract with the county or municipality where the infraction
239	occurred, or a facsimile thereof that is based upon inspection
240	of photographs or other recorded images produced by a traffic
241	infraction detector, is prima facie evidence of the facts
242	contained in the certificate. A photograph or other recorded
243	image evidencing a violation of s. 316.075(1)(c) must be
244	available for inspection in any proceeding to adjudicate
245	liability under an ordinance enacted pursuant to this section.
246	(i)  In any county or municipality in which tickets are
247	issued as provided in this section, the names of persons who
248	have one or more outstanding violations may be included on the
249	list authorized under s. 316.1967(6).
250	(2)  Of the fine imposed pursuant to paragraph (1)(a) or
251	paragraph (1)(g), $55 shall be remitted by the county or
252	municipality to the Department of Revenue for deposit into the
253	General Revenue Fund, $20 shall be remitted to the Department of
254	Revenue for deposit into the Department of Health Administrative
255	Trust Fund, and $75 shall be retained by the county or
256	municipality enforcing the ordinance enacted pursuant to this
257	section. Funds deposited into the Department of Health
258	Administrative Trust Fund under this subsection shall be
259	distributed as provided in s. 395.4036(1).
260	(3)  A complaint that a county or municipality is employing
261	traffic infraction detectors for purposes other than the
262	promotion of public health, welfare, and safety or in a manner
263	inconsistent with this section may be submitted to the governing
264	body of such county or municipality. Such complaints, along with
265	any investigation and corrective action taken by the county or
266	municipal governing body, shall be included in the annual report
267	to the Department of Transportation and in that department's
268	annual summary report to the Governor, the President of the
269	Senate, and the Speaker of the House Representatives, as
270	required by this section. Based on its review of the report, the
271	Legislature may exclude a county or municipality from further
272	participation in the program.
273	(4)(a)  Each county or municipality that operates a traffic
274	infraction detector shall submit a biannual report to the
275	Department of Transportation that details the results of using
276	the traffic infraction detector and the procedures for
277	enforcement.
278	(b)  The Department of Transportation shall provide a
279	biannual summary report to the Governor, the President of the
280	Senate, and the Speaker of the House of Representatives
281	regarding the use and operation of traffic infraction detectors
282	under this section. The summary report must include a review of
283	the information submitted to the Department of Transportation by
284	the counties and municipalities and must describe the
285	enhancement of the traffic safety and enforcement programs. The
286	Department of Transportation shall report its recommendations,
287	including any necessary legislation, on or before December 1 of
288	each even-numbered year to the Governor, the President of the
289	Senate, and the Speaker of the House of Representatives.
290	Section 4.  Subsection (6) of section 316.0745, Florida
291	Statutes, is amended to read:
292	316.0745  Uniform signals and devices.--
293	(6)  Any system of traffic control devices controlled and
294	operated from a remote location by electronic computers or
295	similar devices must shall meet all requirements established for
296	the uniform system, and, if where such a system affects systems
297	affect the movement of traffic on state roads, the design of the
298	system must shall be reviewed and approved by the Department of
299	Transportation.
300	Section 5.  Section 316.07456, Florida Statutes, is created
301	to read:
302	316.07456  Grandfather clause.--
303	(1)  Any traffic infraction detector deployed on the
304	streets and highways of the state must meet the contract
305	specifications established by the Department of Transportation
306	and must be tested at regular intervals according to procedures
307	prescribed by that department.
308	(2)  Notwithstanding any provision of law to the contrary,
309	nothing in this act shall prohibit any county or municipality
310	from using red light traffic enforcement devices of any type or
311	from enforcing violations of s. 316.074(1) or s. 316.075(1)(c)
312	or other red light traffic enforcement ordinances if such county
313	or municipality has enacted an ordinance to enforce red light
314	violations or has entered into a contract to purchase or lease
315	equipment to enforce red light violations before the effective
316	date of this act.
317	(3)  Of the fine imposed pursuant to s. 316.0083(1)(a) or
318	(g), $55 shall be remitted by the county or municipality to the
319	Department of Revenue for deposit into the General Revenue Fund,
320	$20 shall be remitted to the Department of Revenue for deposit
321	into the Department of Health Administrative Trust Fund, and $75
322	shall be retained by the county or municipality enforcing the
323	ordinance enacted pursuant to this section. Funds deposited into
324	the Department of Health Administrative Trust Fund under this
325	subsection shall be distributed as provided in s. 395.4036(1).
326	(4)  This section expires 1 year after the Department of
327	Transportation's final adoption of specifications or on July 1,
328	2015, whichever occurs first.
329	Section 6.  Section 316.0776, Florida Statutes, is created
330	to read:
331	316.0776  Traffic infraction detectors; placement and
332	installation.--Placement and installation of traffic infraction
333	detectors is allowed on the State Highway System, county roads,
334	and city streets pursuant to specifications developed by the
335	Department of Transportation included in the handbook addressing
336	material and equipment connections to the state electrical
337	signal boxes and placement of signs on state equipment to
338	protect the safety and operation of the traffic along roadways.
339	Section 7.  Subsection (6) of section 316.1967, Florida
340	Statutes, is amended to read:
341	316.1967  Liability for payment of parking ticket
342	violations and other parking violations.--
343	(6)  Any county or municipality may provide by ordinance
344	that the clerk of the court or the traffic violations bureau
345	shall supply the department with a magnetically encoded computer
346	tape reel or cartridge or send by other electronic means data
347	which is machine readable by the installed computer system at
348	the department, listing persons who have three or more
349	outstanding parking violations, including violations of s.
350	316.1955, or who have one or more outstanding tickets for a
351	violation of a traffic control signal steady red light
352	indication issued pursuant to an ordinance adopted under s.
353	316.0083. Each county shall provide by ordinance that the clerk
354	of the court or the traffic violations bureau shall supply the
355	department with a magnetically encoded computer tape reel or
356	cartridge or send by other electronic means data that is machine
357	readable by the installed computer system at the department,
358	listing persons who have any outstanding violations of s.
359	316.0083 or s. 316.1955 or any similar local ordinance that
360	regulates parking in spaces designated for use by persons who
361	have disabilities. The department shall mark the appropriate
362	registration records of persons who are so reported. Section
363	320.03(8) applies to each person whose name appears on the list.
364	Section 8.  Subsections (1) and (2) of section 395.4036,
365	Florida Statutes, are amended to read:
366	395.4036  Trauma payments.--
367	(1)  Recognizing the Legislature's stated intent to provide
368	financial support to the current verified trauma centers and to
369	provide incentives for the establishment of additional trauma
370	centers as part of a system of state-sponsored trauma centers,
371	the department shall use utilize funds collected under ss.
372	316.0083 and s. 318.18 and deposited into the Administrative
373	Trust Fund of the department to ensure the availability and
374	accessibility of trauma and emergency services throughout the
375	state as provided in this subsection.
376	(a)  Funds collected under ss. 316.0083 and s. 318.18(15)
377	shall be distributed as follows:
378	1.  Eighteen percent of the total funds collected under s.
379	316.0083 and 20 Twenty percent of the total funds collected
380	under s. 318.18(15) during the state fiscal year shall be
381	distributed to verified trauma centers that have a local funding
382	contribution as of December 31. Distribution of funds under this
383	subparagraph shall be based on trauma caseload volume for the
384	most recent calendar year available.
385	2.  Thirty-eight percent of the total funds collected under
386	s. 316.0083 and 40 Forty percent of the total funds collected
387	under s. 318.18(15) shall be distributed to verified trauma
388	centers based on trauma caseload volume for the most recent
389	calendar year available. The determination of caseload volume
390	for distribution of funds under this subparagraph shall be based
391	on the department's Trauma Registry data.
392	3.  Thirty-eight percent of the total funds collected under
393	s. 316.0083 and 40 Forty percent of the total funds collected
394	under s. 318.18(15) shall be distributed to verified trauma
395	centers based on severity of trauma patients for the most recent
396	calendar year available. The determination of severity for
397	distribution of funds under this subparagraph shall be based on
398	the department's International Classification Injury Severity
399	Scores or another statistically valid and scientifically
400	accepted method of stratifying a trauma patient's severity of
401	injury, risk of mortality, and resource consumption as adopted
402	by the department by rule, weighted based on the costs
403	associated with and incurred by the trauma center in treating
404	trauma patients. The weighting of scores shall be established by
405	the department by rule.
406	4.  Three percent of the total funds collected under s.
407	316.0083 shall be distributed to public hospitals that qualify
408	for distributions under s. 409.911(4), that are not verified
409	trauma centers but are located in trauma service areas, as
410	defined under s. 395.402, and that do not have a verified trauma
411	center based on their proportionate number of emergency room
412	visits on an annual basis. The Agency for Health Care
413	Administration shall provide the department with a list of
414	public hospitals and emergency room visits.
415	5.  Three percent of the total funds collected under s.
416	316.0083 shall be distributed equally to crisis stabilization
417	units, rural health initiatives, and community-based support
418	programs that provide support and services for individuals who
419	have sustained a traumatic brain injury.
420	(b)  Funds collected under s. 318.18(5)(c) and (20) (19)
421	shall be distributed as follows:
422	1.  Thirty percent of the total funds collected shall be
423	distributed to Level II trauma centers operated by a public
424	hospital governed by an elected board of directors as of
425	December 31, 2008.
426	2.  Thirty-five percent of the total funds collected shall
427	be distributed to verified trauma centers based on trauma
428	caseload volume for the most recent calendar year available. The
429	determination of caseload volume for distribution of funds under
430	this subparagraph shall be based on the department's Trauma
431	Registry data.
432	3.  Thirty-five percent of the total funds collected shall
433	be distributed to verified trauma centers based on severity of
434	trauma patients for the most recent calendar year available. The
435	determination of severity for distribution of funds under this
436	subparagraph shall be based on the department's International
437	Classification Injury Severity Scores or another statistically
438	valid and scientifically accepted method of stratifying a trauma
439	patient's severity of injury, risk of mortality, and resource
440	consumption as adopted by the department by rule, weighted based
441	on the costs associated with and incurred by the trauma center
442	in treating trauma patients. The weighting of scores shall be
443	established by the department by rule.
444	(2)  Funds deposited in the department's Administrative
445	Trust Fund for verified trauma centers may be used to maximize
446	the receipt of federal funds that may be available for such
447	trauma centers and nontrauma center public hospitals.
448	Notwithstanding this section and s. 318.14, distributions to
449	trauma centers may be adjusted in a manner to ensure that total
450	payments to trauma centers represent the same proportional
451	allocation as set forth in this section and s. 318.14. For
452	purposes of this section and s. 318.14, total funds distributed
453	to trauma centers may include revenue from the Administrative
454	Trust Fund and federal funds for which revenue from the
455	Administrative Trust Fund is used to meet state or local
456	matching requirements. Funds collected under ss. 318.14,
457	316.0083, and 318.18 and deposited in the Administrative Trust
458	Fund of the department shall be distributed to trauma centers
459	and nontrauma center public hospitals on a quarterly basis using
460	the most recent calendar year data available. Such data shall
461	not be used for more than four quarterly distributions unless
462	there are extenuating circumstances as determined by the
463	department, in which case the most recent calendar year data
464	available shall continue to be used and appropriate adjustments
465	shall be made as soon as the more recent data becomes available.
466	Section 9.  This act recognizes, validates, and ratifies
467	any enforcement action taken by a county or municipality using a
468	traffic infraction detector that is installed until 1 year after
469	the Department of Transportation's final specifications are
470	adopted, including any and all civil fines, penalties, fees, and
471	costs collected pursuant to such enforcement action.
472	Section 10.  If any provision of this act or its
473	application to any person or circumstance is held invalid, the
474	invalidity shall not affect other provisions or applications of
475	this act which can be given effect without the invalid provision
476	or application, and to this end the provisions of this act are
477	declared severable.
478	Section 11.  This act shall take effect upon becoming a
479	law.

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