| 1 | A bill to be entitled |
| 2 | An act relating to uniform traffic control; providing a |
| 3 | short title; amending s. 316.003, F.S.; defining the term |
| 4 | "traffic infraction detector"; creating s. 316.0076, F.S.; |
| 5 | preempting to the state the use of cameras to enforce |
| 6 | traffic laws; amending s. 316.008, F.S.; authorizing |
| 7 | counties and municipalities to use traffic infraction |
| 8 | detectors under certain circumstances; creating s. |
| 9 | 316.0083, F.S.; creating the Mark Wandall Traffic Safety |
| 10 | Program; authorizing the Department of Highway Safety and |
| 11 | Motor Vehicles, a county, or a municipality to use a |
| 12 | traffic infraction detector to identify a motor vehicle |
| 13 | that fails to stop at a traffic control signal steady red |
| 14 | light; requiring authorization of a traffic infraction |
| 15 | enforcement officer to issue and enforce a citation for |
| 16 | such violation; requiring notification to be sent to the |
| 17 | registered owner of the motor vehicle involved in the |
| 18 | violation; requiring the notification to include certain |
| 19 | information about the owner's right to review evidence; |
| 20 | providing requirements for the notification; providing for |
| 21 | collection of penalties; providing for distribution of |
| 22 | penalties collected; prohibiting a traffic infraction |
| 23 | enforcement officer from receiving a commission from any |
| 24 | revenue collected from violations detected through the use |
| 25 | of a traffic infraction detector; providing procedures for |
| 26 | issuance, disposition, and enforcement of citations; |
| 27 | providing for exemptions; providing that certain evidence |
| 28 | is admissible for enforcement; providing penalties for |
| 29 | submission of a false affidavit; prohibiting the use of |
| 30 | such detectors to enforce a violation when a driver fails |
| 31 | to stop prior to making a right or left turn; providing |
| 32 | that the act does not preclude the issuance of citations |
| 33 | by law enforcement officers; requiring reports from |
| 34 | participating municipalities and counties to the |
| 35 | department; requiring the department to make reports to |
| 36 | the Governor and Legislature; amending s. 316.0745, F.S.; |
| 37 | revising a provision that requires certain remotely |
| 38 | operated traffic control devices to meet certain |
| 39 | specifications; creating s. 316.07456, F.S.; requiring |
| 40 | traffic infraction detectors to meet specifications |
| 41 | established by the Department of Transportation; providing |
| 42 | that a traffic infraction detector acquired by purchase, |
| 43 | lease, or other arrangement under an agreement entered |
| 44 | into by a county or municipality on or before a specified |
| 45 | date is not required to meet the established |
| 46 | specifications until a specified date; creating s. |
| 47 | 316.0776, F.S.; providing for the placement and |
| 48 | installation of detectors on certain roads when permitted |
| 49 | by and under the specifications of the department; |
| 50 | requiring that if the state, county, or municipality |
| 51 | installs a traffic infraction detector at an intersection, |
| 52 | the state, county, or municipality shall notify the public |
| 53 | that a traffic infraction device may be in use at that |
| 54 | intersection; requiring that such signage posted at the |
| 55 | intersection meet the specifications for uniform signals |
| 56 | and devices adopted by the Department of Transportation; |
| 57 | requiring that traffic infraction detectors meet |
| 58 | specifications established by the Department of |
| 59 | Transportation; requiring a public awareness campaign if |
| 60 | such detectors are to be used; amending s. 316.640, F.S.; |
| 61 | requiring the Department of Transportation to develop |
| 62 | training and qualification standards for traffic |
| 63 | infraction enforcement officers; authorizing counties and |
| 64 | municipalities to use independent contractors as traffic |
| 65 | infraction enforcement officers; amending s. 316.650, |
| 66 | F.S.; requiring a traffic enforcement officer to provide |
| 67 | to the court a replica of the citation data by electronic |
| 68 | transmission under certain conditions; amending s. 318.14, |
| 69 | F.S.; providing an exception from provisions requiring a |
| 70 | person cited for an infraction for failing to stop at a |
| 71 | traffic control signal steady red light to sign and accept |
| 72 | a citation indicating a promise to appear; amending s. |
| 73 | 318.18, F.S.; increasing certain fines; providing for |
| 74 | penalties for infractions enforced by a traffic infraction |
| 75 | enforcement officer; providing for distribution of fines; |
| 76 | allowing the clerk of court to dismiss certain cases upon |
| 77 | receiving documentation that the uniform traffic citation |
| 78 | was issued in error; prohibiting the receipt of |
| 79 | commissions by traffic infraction enforcement officers; |
| 80 | creating s. 321.50, F.S.; authorizing the Department of |
| 81 | Highway Safety and Motor Vehicles to use traffic |
| 82 | infraction detectors under certain circumstances; amending |
| 83 | s. 322.27, F.S.; providing that no points may be assessed |
| 84 | against the driver's license for infractions enforced by a |
| 85 | traffic infraction enforcement officer; providing that |
| 86 | infractions enforced by a traffic infraction enforcement |
| 87 | officer may not be used for purposes of setting motor |
| 88 | vehicle insurance rates; providing for severability; |
| 89 | providing an effective date. |
| 90 |
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| 91 | Be It Enacted by the Legislature of the State of Florida: |
| 92 |
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| 93 | Section 1. This act may be cited as the "Mark Wandall |
| 94 | Traffic Safety Act." |
| 95 | Section 2. Subsection (86) is added to section 316.003, |
| 96 | Florida Statutes, to read: |
| 97 | 316.003 Definitions.-The following words and phrases, when |
| 98 | used in this chapter, shall have the meanings respectively |
| 99 | ascribed to them in this section, except where the context |
| 100 | otherwise requires: |
| 101 | (86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor |
| 102 | installed to work in conjunction with a traffic control signal |
| 103 | and a camera or cameras synchronized to automatically record two |
| 104 | or more sequenced photographic or electronic images or streaming |
| 105 | video of only the rear of a motor vehicle at the time the |
| 106 | vehicle fails to stop behind the stop bar or clearly marked stop |
| 107 | line when facing a traffic control signal steady red light. Any |
| 108 | notification under s. 316.0083(1)(b) or traffic citation issued |
| 109 | by the use of a traffic infraction detector must include a |
| 110 | photograph or other recorded image showing both the license tag |
| 111 | of the offending vehicle and the traffic control device being |
| 112 | violated. |
| 113 | Section 3. Section 316.0076, Florida Statutes, is created |
| 114 | to read: |
| 115 | 316.0076 Regulation and use of cameras.-Regulation of the |
| 116 | use of cameras for enforcing the provisions of this chapter is |
| 117 | expressly preempted to the state. The regulation of the use of |
| 118 | cameras for enforcing the provisions of this chapter is not |
| 119 | required to comply with provisions of chapter 493. |
| 120 | Section 4. Subsection (7) is added to section 316.008, |
| 121 | Florida Statutes, to read: |
| 122 | 316.008 Powers of local authorities.- |
| 123 | (7)(a) A county or municipality may use traffic infraction |
| 124 | detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a |
| 125 | driver fails to stop at a traffic signal on streets and highways |
| 126 | under their jurisdiction under s. 316.0083. Only a municipality |
| 127 | may install or authorize the installation of any such detectors |
| 128 | within the incorporated area of the municipality. Only a county |
| 129 | may install or authorize the installation of any such detectors |
| 130 | within the unincorporated area of the county. |
| 131 | (b) A county or municipality may use traffic infraction |
| 132 | detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a |
| 133 | driver fails to stop at a traffic signal on state roads under |
| 134 | the original jurisdiction of the Department of Transportation |
| 135 | when permitted by the Department of Transportation and under s. |
| 136 | 316.0083. Only a municipality may install or authorize the |
| 137 | installation of any such detectors within the incorporated area |
| 138 | of the municipality. Only a county may install or authorize the |
| 139 | installation of any such detectors within the unincorporated |
| 140 | area of the county. |
| 141 | Section 5. Section 316.0083, Florida Statutes, is created |
| 142 | to read: |
| 143 | 316.0083 Mark Wandall Traffic Safety Program; |
| 144 | administration; report.- |
| 145 | (1)(a) For purposes of administering this section, the |
| 146 | department, a county, or a municipality may authorize a traffic |
| 147 | infraction enforcement officer under s. 316.640 to issue a |
| 148 | traffic citation for a violation of s. 316.074(1) or s. |
| 149 | 316.075(1)(c)1. This paragraph does not prohibit a review of |
| 150 | information from a traffic infraction detector by an authorized |
| 151 | employee or agent of the department, county, or municipality |
| 152 | prior to issuing a traffic citation by a traffic infraction |
| 153 | enforcement officer. This paragraph does not prohibit the |
| 154 | department, county, or municipality from issuing a notification |
| 155 | to the registered owner of the motor vehicle involved in the |
| 156 | violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 157 | (b)1.a. Within 30 days after the violation, a notification |
| 158 | must be sent to the registered owner of the motor vehicle |
| 159 | involved in the violation specifying the remedies available |
| 160 | under s. 318.18(15) and that the violator may make payment of |
| 161 | the $150 penalty to the department, county, or municipality |
| 162 | within 30 days after the date of the notification in order to |
| 163 | avoid court fees, costs, and the issuance of a traffic citation. |
| 164 | The notification may be sent by first class or certified mail. |
| 165 | b. Included with the notification to the registered owner |
| 166 | of the motor vehicle involved in the infraction shall be a |
| 167 | notice that the owner has the right to review, either in person |
| 168 | or remotely, the photographic or electronic images or the |
| 169 | streaming video evidence that constitutes a rebuttable |
| 170 | presumption against the owner of the vehicle. The notice must |
| 171 | state the time and place and Internet location where the |
| 172 | evidence may be examined and observed. |
| 173 | 2. Penalties assessed and collected by the department, |
| 174 | county, or municipality authorized to collect the funds provided |
| 175 | for in this paragraph, less the amount retained by the county or |
| 176 | municipality pursuant to subparagraph 3., shall be paid into the |
| 177 | State Treasury weekly. Payment by the department, county, or |
| 178 | municipality to the state shall be made by means of electronic |
| 179 | funds transfers. A county or municipality shall only pay to the |
| 180 | State Treasury that portion of the funds not to be retained by |
| 181 | the county or municipality pursuant to subparagraph 3. |
| 182 | 3. Penalties to be assessed and collected by the |
| 183 | department, county, or municipality are as follows: |
| 184 | a. One hundred and fifty dollars for a violation of s. |
| 185 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 186 | stop at a traffic signal if enforcement is by the department's |
| 187 | traffic infraction enforcement officer. Seventy-five dollars |
| 188 | shall be deposited into the General Revenue Fund, $25 shall be |
| 189 | remitted to the Department of Revenue for deposit into the |
| 190 | Department of Health Administrative Trust Fund, and $50 shall be |
| 191 | distributed to the county or municipality in which the violation |
| 192 | occurred. Funds deposited into the Department of Health |
| 193 | Administrative Trust Fund under this sub-subparagraph shall be |
| 194 | distributed as provided in s. 395.4036(1). |
| 195 | b. One hundred and fifty dollars for a violation of s. |
| 196 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 197 | stop at a traffic signal if enforcement is by a county or |
| 198 | municipal traffic infraction enforcement officer. Fifty dollars |
| 199 | shall be remitted by the county or municipality to the |
| 200 | Department of Revenue for deposit into the General Revenue Fund, |
| 201 | $25 shall be remitted to the Department of Revenue for deposit |
| 202 | into the Department of Health Administrative Trust Fund, and $75 |
| 203 | shall be retained by the county or municipality enforcing the |
| 204 | ordinance enacted pursuant to this section. Funds deposited into |
| 205 | the Department of Health Administrative Trust Fund under this |
| 206 | sub-subparagraph shall be distributed as provided in s. |
| 207 | 395.4036(1). |
| 208 | 4. A traffic infraction enforcement officer may not |
| 209 | receive a commission from any revenue collected from violations |
| 210 | of a traffic infraction detector. |
| 211 | (c)1.a. A traffic citation issued under this section shall |
| 212 | be issued by mailing the traffic citation by certified mail to |
| 213 | the address of the registered owner of the motor vehicle |
| 214 | involved in the violation when payment has not been made within |
| 215 | 30 days after notification under subparagraph (b)1. |
| 216 | b. Receipt of the traffic citation constitutes |
| 217 | notification under this paragraph. |
| 218 | c. In the case of joint ownership of a motor vehicle, the |
| 219 | traffic citation shall be mailed to the first name appearing on |
| 220 | the registration, unless the first name appearing on the |
| 221 | registration is a business organization, in which case the |
| 222 | second name appearing on the registration may be used. |
| 223 | d. The traffic citation shall be mailed to the registered |
| 224 | owner of the motor vehicle involved in the violation no later |
| 225 | than 60 days after the date of the violation. |
| 226 | 2. Included with the notification to the registered owner |
| 227 | of the motor vehicle involved in the infraction shall be a |
| 228 | notice that the owner has the right to review, either in person |
| 229 | or remotely, the photographic or electronic images or the |
| 230 | streaming video evidence that constitutes a rebuttable |
| 231 | presumption against the owner of the vehicle. The notice must |
| 232 | state the time and place and Internet location where the |
| 233 | evidence may be examined and observed. |
| 234 | (d)1. The owner of the motor vehicle involved in the |
| 235 | violation is responsible and liable for paying the uniform |
| 236 | traffic citation issued for a violation of s. 316.074(1) or s. |
| 237 | 316.075(1)(c)1. when the driver failed to stop at a traffic |
| 238 | signal, unless the owner can establish that: |
| 239 | a. The motor vehicle passed through the intersection in |
| 240 | order to yield right-of-way to an emergency vehicle or as part |
| 241 | of a funeral procession; |
| 242 | b. The motor vehicle passed through the intersection at |
| 243 | the direction of a law enforcement officer; |
| 244 | c. The motor vehicle was, at the time of the violation, in |
| 245 | the care, custody, or control of another person; or |
| 246 | d. A uniform traffic citation was issued by a law |
| 247 | enforcement officer to the driver of the motor vehicle for the |
| 248 | alleged violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 249 | 2. In order to establish such facts, the owner of the |
| 250 | motor vehicle shall, within 30 days after the date of issuance |
| 251 | of the traffic citation, furnish to the appropriate governmental |
| 252 | entity an affidavit setting forth detailed information |
| 253 | supporting an exemption as provided in this paragraph. |
| 254 | a. An affidavit supporting an exemption under sub- |
| 255 | subparagraph 1.c. must include the name, address, date of birth, |
| 256 | and, if known, the driver's license number of the person who |
| 257 | leased, rented, or otherwise had care, custody, or control of |
| 258 | the motor vehicle at the time of the alleged violation. If the |
| 259 | vehicle was stolen at the time of the alleged offense, the |
| 260 | affidavit must include the police report indicating that the |
| 261 | vehicle was stolen. |
| 262 | b. If a traffic citation for a violation of s. 316.074(1) |
| 263 | or s. 316.075(1)(c)1. was issued at the location of the |
| 264 | violation by a law enforcement officer, the affidavit must |
| 265 | include the serial number of the uniform traffic citation. |
| 266 | 3. Upon receipt of an affidavit, the person designated as |
| 267 | having care, custody, and control of the motor vehicle at the |
| 268 | time of the violation may be issued a traffic citation for a |
| 269 | violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver |
| 270 | failed to stop at a traffic signal. The affidavit is admissible |
| 271 | in a proceeding pursuant to this section for the purpose of |
| 272 | providing proof that the person identified in the affidavit was |
| 273 | in actual care, custody, or control of the motor vehicle. The |
| 274 | owner of a leased vehicle for which a traffic citation is issued |
| 275 | for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the |
| 276 | driver failed to stop at a traffic signal is not responsible for |
| 277 | paying the traffic citation and is not required to submit an |
| 278 | affidavit as specified in this subsection if the motor vehicle |
| 279 | involved in the violation is registered in the name of the |
| 280 | lessee of such motor vehicle. |
| 281 | 4. The submission of a false affidavit is a misdemeanor of |
| 282 | the second degree, punishable as provided in s. 775.082 or s. |
| 283 | 775.083. |
| 284 | (e) The photographic or electronic images or streaming |
| 285 | video attached to the traffic citation is evidence that a |
| 286 | violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver |
| 287 | failed to stop at a traffic signal has occurred and is |
| 288 | admissible in any proceeding to enforce this section and raises |
| 289 | a rebuttable presumption that the motor vehicle named in the |
| 290 | report or shown in the photographic or electronic images or |
| 291 | streaming video evidence was used in violation of s. 316.074(1) |
| 292 | or s. 316.075(1)(c)1. when the driver failed to stop at a |
| 293 | traffic signal. |
| 294 | (2) Violations of s. 316.074(1) or s. 316.075(1)(c)1. when |
| 295 | a driver fails to stop at a traffic signal prior to making a |
| 296 | right or left turn, where such turns are allowed, may not be |
| 297 | enforced by the use of a traffic infraction detector. |
| 298 | (3) This section supplements the enforcement of s. |
| 299 | 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers |
| 300 | when a driver fails to stop at a traffic signal and does not |
| 301 | prohibit a law enforcement officer from issuing a traffic |
| 302 | citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 303 | when a driver fails to stop at a traffic signal in accordance |
| 304 | with normal traffic enforcement techniques. |
| 305 | (4)(a) Each county or municipality that operates a traffic |
| 306 | infraction detector shall submit a report by October 1, 2012, |
| 307 | and annually thereafter, to the department which details the |
| 308 | results of using the traffic infraction detector and the |
| 309 | procedures for enforcement for the preceding state fiscal year. |
| 310 | The information submitted by the counties and municipalities |
| 311 | must include statistical data and information required by the |
| 312 | department to complete the report required under paragraph (b). |
| 313 | (b) On or before December 31, 2012, and annually |
| 314 | thereafter, the department shall provide a summary report to the |
| 315 | Governor, the President of the Senate, and the Speaker of the |
| 316 | House of Representatives regarding the use and operation of |
| 317 | traffic infraction detectors under this section, along with the |
| 318 | department's recommendations and any necessary legislation. The |
| 319 | summary report must include a review of the information |
| 320 | submitted to the department by the counties and municipalities |
| 321 | and must describe the enhancement of the traffic safety and |
| 322 | enforcement programs. |
| 323 | Section 6. Subsection (6) of section 316.0745, Florida |
| 324 | Statutes, is amended to read: |
| 325 | 316.0745 Uniform signals and devices.- |
| 326 | (6) Any system of traffic control devices controlled and |
| 327 | operated from a remote location by electronic computers or |
| 328 | similar devices must shall meet all requirements established for |
| 329 | the uniform system, and, if where such a system affects systems |
| 330 | affect the movement of traffic on state roads, the design of the |
| 331 | system shall be reviewed and approved by the Department of |
| 332 | Transportation. |
| 333 | Section 7. Section 316.07456, Florida Statutes, is created |
| 334 | to read: |
| 335 | 316.07456 Transitional implementation.-Any traffic |
| 336 | infraction detector deployed on the highways, streets, and roads |
| 337 | of this state must meet specifications established by the |
| 338 | Department of Transportation and must be tested at regular |
| 339 | intervals according to procedures prescribed by the Department |
| 340 | of Transportation. However, any such equipment acquired by |
| 341 | purchase, lease, or other arrangement under an agreement entered |
| 342 | into by a county or municipality on or before October 1, 2011, |
| 343 | or equipment used to enforce an ordinance enacted by a county or |
| 344 | municipality on or before October 1, 2010, is not required to |
| 345 | meet the specifications established by the Department of |
| 346 | Transportation until July 1, 2011, or 180 days after the |
| 347 | issuance of the specifications, whichever occurs last. |
| 348 | Section 8. Section 316.0776, Florida Statutes, is created |
| 349 | to read: |
| 350 | 316.0776 Traffic infraction detectors; placement and |
| 351 | installation.- |
| 352 | (1) Traffic infraction detectors are allowed on state |
| 353 | roads when permitted by the Department of Transportation and |
| 354 | under placement and installation specifications developed by the |
| 355 | Department of Transportation. Traffic infraction detectors are |
| 356 | allowed on streets and highways under the jurisdiction of |
| 357 | counties or municipalities and under placement and installation |
| 358 | specifications developed by the Department of Transportation. |
| 359 | (2)(a) If the department, county, or municipality installs |
| 360 | a traffic infraction detector at an intersection, the |
| 361 | department, county, or municipality shall notify the public that |
| 362 | a traffic infraction device may be in use at that intersection |
| 363 | and must specifically include notification of camera enforcement |
| 364 | of violations concerning right turns. Such signage used to |
| 365 | notify the public must meet the specifications for uniform |
| 366 | signals and devices adopted by the Department of Transportation |
| 367 | pursuant to s. 316.0745. |
| 368 | (b) If the department, county, or municipality begins a |
| 369 | traffic infraction detector program in a county or municipality |
| 370 | that has never conducted such a program, the respective |
| 371 | department, county, or municipality shall also make a public |
| 372 | announcement and conduct a public awareness campaign of the |
| 373 | proposed use of traffic infraction detectors at least 30 days |
| 374 | before commencing the enforcement program. |
| 375 | Section 9. Paragraph (b) of subsection (1) and subsection |
| 376 | (5) of section 316.640, Florida Statutes, are amended to read: |
| 377 | 316.640 Enforcement.-The enforcement of the traffic laws |
| 378 | of this state is vested as follows: |
| 379 | (1) STATE.- |
| 380 | (b)1. The Department of Transportation has authority to |
| 381 | enforce on all the streets and highways of this state all laws |
| 382 | applicable within its authority. |
| 383 | 2.a. The Department of Transportation shall develop |
| 384 | training and qualifications standards for toll enforcement |
| 385 | officers whose sole authority is to enforce the payment of tolls |
| 386 | pursuant to s. 316.1001. Nothing in this subparagraph shall be |
| 387 | construed to permit the carrying of firearms or other weapons, |
| 388 | nor shall a toll enforcement officer have arrest authority. |
| 389 | b. For the purpose of enforcing s. 316.1001, governmental |
| 390 | entities, as defined in s. 334.03, which own or operate a toll |
| 391 | facility may employ independent contractors or designate |
| 392 | employees as toll enforcement officers; however, any such toll |
| 393 | enforcement officer must successfully meet the training and |
| 394 | qualifications standards for toll enforcement officers |
| 395 | established by the Department of Transportation. |
| 396 | 3. For the purpose of enforcing s. 316.0083, the |
| 397 | department may employ independent contractors or designate |
| 398 | employees as traffic infraction enforcement officers. A traffic |
| 399 | infraction enforcement officer must successfully complete |
| 400 | instruction in traffic enforcement procedures and court |
| 401 | presentation through the Selective Traffic Enforcement Program |
| 402 | as approved by the Division of Criminal Justice Standards and |
| 403 | Training of the Department of Law Enforcement, or through a |
| 404 | similar program, but may not necessarily otherwise meet the |
| 405 | uniform minimum standards established by the Criminal Justice |
| 406 | Standards and Training Commission for law enforcement officers |
| 407 | or auxiliary law enforcement officers under s. 943.13. This |
| 408 | subparagraph does not authorize the carrying of firearms or |
| 409 | other weapons by a traffic infraction enforcement officer and |
| 410 | does not authorize a traffic infraction enforcement officer to |
| 411 | make arrests. The department's traffic infraction enforcement |
| 412 | officers must be physically located in the state. |
| 413 | (5)(a) Any sheriff's department or police department of a |
| 414 | municipality may employ, as a traffic infraction enforcement |
| 415 | officer, any individual who successfully completes instruction |
| 416 | in traffic enforcement procedures and court presentation through |
| 417 | the Selective Traffic Enforcement Program as approved by the |
| 418 | Division of Criminal Justice Standards and Training of the |
| 419 | Department of Law Enforcement, or through a similar program, but |
| 420 | who does not necessarily otherwise meet the uniform minimum |
| 421 | standards established by the Criminal Justice Standards and |
| 422 | Training Commission for law enforcement officers or auxiliary |
| 423 | law enforcement officers under s. 943.13. Any such traffic |
| 424 | infraction enforcement officer who observes the commission of a |
| 425 | traffic infraction or, in the case of a parking infraction, who |
| 426 | observes an illegally parked vehicle may issue a traffic |
| 427 | citation for the infraction when, based upon personal |
| 428 | investigation, he or she has reasonable and probable grounds to |
| 429 | believe that an offense has been committed which constitutes a |
| 430 | noncriminal traffic infraction as defined in s. 318.14. In |
| 431 | addition, any such traffic infraction enforcement officer may |
| 432 | issue a traffic citation under s. 316.0083. For purposes of |
| 433 | enforcing s. 316.0083, any sheriff's department or police |
| 434 | department of a municipality may employ independent contractors |
| 435 | or designate employees as traffic infraction enforcement |
| 436 | officers. The traffic infraction enforcement officers must be |
| 437 | physically located in the county of the respective sheriff's or |
| 438 | police department. |
| 439 | (b) The traffic infraction enforcement officer shall be |
| 440 | employed in relationship to a selective traffic enforcement |
| 441 | program at a fixed location or as part of a crash investigation |
| 442 | team at the scene of a vehicle crash or in other types of |
| 443 | traffic infraction enforcement under the direction of a fully |
| 444 | qualified law enforcement officer; however, it is not necessary |
| 445 | that the traffic infraction enforcement officer's duties be |
| 446 | performed under the immediate supervision of a fully qualified |
| 447 | law enforcement officer. |
| 448 | (c) This subsection does not permit the carrying of |
| 449 | firearms or other weapons, nor do traffic infraction enforcement |
| 450 | officers have arrest authority other than the authority to issue |
| 451 | a traffic citation as provided in this subsection. |
| 452 | Section 10. Subsection (3) of section 316.650, Florida |
| 453 | Statutes, is amended to read: |
| 454 | 316.650 Traffic citations.- |
| 455 | (3)(a) Except for a traffic citation issued pursuant to s. |
| 456 | 316.1001 or s. 316.0083, each traffic enforcement officer, upon |
| 457 | issuing a traffic citation to an alleged violator of any |
| 458 | provision of the motor vehicle laws of this state or of any |
| 459 | traffic ordinance of any municipality or town, shall deposit the |
| 460 | original traffic citation or, in the case of a traffic |
| 461 | enforcement agency that has an automated citation issuance |
| 462 | system, the chief administrative officer shall provide by an |
| 463 | electronic transmission a replica of the citation data to a |
| 464 | court having jurisdiction over the alleged offense or with its |
| 465 | traffic violations bureau within 5 days after issuance to the |
| 466 | violator. |
| 467 | (b) If a traffic citation is issued pursuant to s. |
| 468 | 316.1001, a traffic enforcement officer may deposit the original |
| 469 | traffic citation or, in the case of a traffic enforcement agency |
| 470 | that has an automated citation system, may provide by an |
| 471 | electronic transmission a replica of the citation data to a |
| 472 | court having jurisdiction over the alleged offense or with its |
| 473 | traffic violations bureau within 45 days after the date of |
| 474 | issuance of the citation to the violator. If the person cited |
| 475 | for the violation of s. 316.1001 makes the election provided by |
| 476 | s. 318.14(12) and pays the $25 fine, or such other amount as |
| 477 | imposed by the governmental entity owning the applicable toll |
| 478 | facility, plus the amount of the unpaid toll that is shown on |
| 479 | the traffic citation directly to the governmental entity that |
| 480 | issued the citation, or on whose behalf the citation was issued, |
| 481 | in accordance with s. 318.14(12), the traffic citation will not |
| 482 | be submitted to the court, the disposition will be reported to |
| 483 | the department by the governmental entity that issued the |
| 484 | citation, or on whose behalf the citation was issued, and no |
| 485 | points will be assessed against the person's driver's license. |
| 486 | (c) If a traffic citation is issued under s. 316.0083, the |
| 487 | traffic infraction enforcement officer shall provide by |
| 488 | electronic transmission a replica of the traffic citation data |
| 489 | to the court having jurisdiction over the alleged offense or its |
| 490 | traffic violations bureau within 5 days after the date of |
| 491 | issuance of the traffic citation to the violator. |
| 492 | Section 11. Subsection (2) of section 318.14, Florida |
| 493 | Statutes, is amended to read: |
| 494 | 318.14 Noncriminal traffic infractions; exception; |
| 495 | procedures.- |
| 496 | (2) Except as provided in ss. s. 316.1001(2) and 316.0083, |
| 497 | any person cited for an infraction under this section must sign |
| 498 | and accept a citation indicating a promise to appear. The |
| 499 | officer may indicate on the traffic citation the time and |
| 500 | location of the scheduled hearing and must indicate the |
| 501 | applicable civil penalty established in s. 318.18. |
| 502 | Section 12. Subsection (15) of section 318.18, Florida |
| 503 | Statutes, is amended to read: |
| 504 | 318.18 Amount of penalties.-The penalties required for a |
| 505 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 506 | offense listed in s. 318.17 are as follows: |
| 507 | (15)(a) One hundred and fifty twenty-five dollars for a |
| 508 | violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver |
| 509 | has failed to stop at a traffic signal. Sixty dollars shall be |
| 510 | distributed as provided in s. 318.21, $25 shall be distributed |
| 511 | to the General Revenue Fund, and the remaining $65 shall be |
| 512 | remitted to the Department of Revenue for deposit into the |
| 513 | Administrative Trust Fund of the Department of Health. |
| 514 | (b) One hundred and fifty dollars for a violation of s. |
| 515 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 516 | stop at a traffic signal if enforced by a traffic infraction |
| 517 | enforcement officer pursuant to s. 316.0083. Moneys collected |
| 518 | pursuant to enforcement under s. 316.0083 shall be distributed |
| 519 | as provided in that section. |
| 520 | (c) If a person who is cited for a violation of s. |
| 521 | 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic |
| 522 | infraction enforcement officer under s. 316.0083, presents |
| 523 | documentation from the appropriate governmental entity that the |
| 524 | traffic citation was in error, the clerk of court may dismiss |
| 525 | the case. The clerk of court shall not charge for this service. |
| 526 | (d) A traffic infraction enforcement officer may not |
| 527 | receive a commission from any revenue collected from violations |
| 528 | detected through the use of a traffic infraction detector. |
| 529 | (e) Funds deposited into the Department of Health |
| 530 | Administrative Trust Fund under this subsection shall be |
| 531 | distributed as provided in s. 395.4036(1). |
| 532 | Section 13. Section 321.50, Florida Statutes, is created |
| 533 | to read: |
| 534 | 321.50 Authorization to use traffic infraction detectors.- |
| 535 | The Department of Highway Safety and Motor Vehicles is |
| 536 | authorized to use traffic infraction detectors to enforce s. |
| 537 | 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on |
| 538 | state roads as defined in chapter 316 which are under the |
| 539 | original jurisdiction of the Department of Transportation, when |
| 540 | permitted by the Department of Transportation, and under s. |
| 541 | 316.0083. |
| 542 | Section 14. Paragraph (d) of subsection (3) of section |
| 543 | 322.27, Florida Statutes, is amended to read: |
| 544 | 322.27 Authority of department to suspend or revoke |
| 545 | license.- |
| 546 | (3) There is established a point system for evaluation of |
| 547 | convictions of violations of motor vehicle laws or ordinances, |
| 548 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 549 | such violations involve the use of motor vehicles, for the |
| 550 | determination of the continuing qualification of any person to |
| 551 | operate a motor vehicle. The department is authorized to suspend |
| 552 | the license of any person upon showing of its records or other |
| 553 | good and sufficient evidence that the licensee has been |
| 554 | convicted of violation of motor vehicle laws or ordinances, or |
| 555 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 556 | more points as determined by the point system. The suspension |
| 557 | shall be for a period of not more than 1 year. |
| 558 | (d) The point system shall have as its basic element a |
| 559 | graduated scale of points assigning relative values to |
| 560 | convictions of the following violations: |
| 561 | 1. Reckless driving, willful and wanton-4 points. |
| 562 | 2. Leaving the scene of a crash resulting in property |
| 563 | damage of more than $50-6 points. |
| 564 | 3. Unlawful speed resulting in a crash-6 points. |
| 565 | 4. Passing a stopped school bus-4 points. |
| 566 | 5. Unlawful speed: |
| 567 | a. Not in excess of 15 miles per hour of lawful or posted |
| 568 | speed-3 points. |
| 569 | b. In excess of 15 miles per hour of lawful or posted |
| 570 | speed-4 points. |
| 571 | 6. A violation of a traffic control signal device as |
| 572 | provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. |
| 573 | However, no points shall be imposed for a violation of s. |
| 574 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 575 | stop at a traffic signal and when enforced by a traffic |
| 576 | infraction enforcement officer. In addition, a violation of s. |
| 577 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 578 | stop at a traffic signal and when enforced by a traffic |
| 579 | infraction enforcement officer may not be used for purposes of |
| 580 | setting motor vehicle insurance rates. |
| 581 | 7. All other moving violations (including parking on a |
| 582 | highway outside the limits of a municipality)-3 points. However, |
| 583 | no points shall be imposed for a violation of s. 316.0741 or s. |
| 584 | 316.2065(12). |
| 585 | 8. Any moving violation covered above, excluding unlawful |
| 586 | speed, resulting in a crash-4 points. |
| 587 | 9. Any conviction under s. 403.413(6)(b)-3 points. |
| 588 | 10. Any conviction under s. 316.0775(2)-4 points. |
| 589 | Section 15. If any provision of this act or its |
| 590 | application to any person or circumstance is held invalid, the |
| 591 | invalidity does not affect other provisions or applications of |
| 592 | this act which can be given effect without the invalid provision |
| 593 | or application, and to this end the provisions of this act are |
| 594 | severable. |
| 595 | Section 16. This act shall take effect July 1, 2010. |