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; providing that an individual may not |
23 | receive a commission or per-ticket fee from any revenue |
24 | collected from violations detected through the use of a |
25 | traffic infraction detector and a manufacturer or vendor |
26 | may not receive a fee or remuneration based upon the |
27 | number of citations issued providing procedures for |
28 | issuance, disposition, and enforcement of citations; |
29 | providing for exemptions; providing that certain evidence |
30 | is admissible for enforcement; providing penalties for |
31 | submission of a false affidavit; prohibiting the use of |
32 | such detectors to enforce a violation when a driver fails |
33 | to stop prior to making a right or left turn; providing |
34 | that the act does not preclude the issuance of citations |
35 | by law enforcement officers; requiring reports from |
36 | participating municipalities and counties to the |
37 | department; requiring the department to make reports to |
38 | the Governor and Legislature; amending s. 316.0745, F.S.; |
39 | revising a provision that requires certain remotely |
40 | operated traffic control devices to meet certain |
41 | specifications; creating s. 316.07456, F.S.; requiring |
42 | traffic infraction detectors to meet specifications |
43 | established by the Department of Transportation; providing |
44 | that a traffic infraction detector acquired by purchase, |
45 | lease, or other arrangement under an agreement entered |
46 | into by a county or municipality on or before a specified |
47 | date is not required to meet the established |
48 | specifications until a specified date; creating s. |
49 | 316.0776, F.S.; providing for the placement and |
50 | installation of detectors on certain roads when permitted |
51 | by and under the specifications of the department; |
52 | requiring that if the state, county, or municipality |
53 | installs a traffic infraction detector at an intersection, |
54 | the state, county, or municipality shall notify the public |
55 | that a traffic infraction device may be in use at that |
56 | intersection; requiring that such signage posted at the |
57 | intersection meet the specifications for uniform signals |
58 | and devices adopted by the Department of Transportation; |
59 | requiring that traffic infraction detectors meet |
60 | specifications established by the Department of |
61 | Transportation; requiring a public awareness campaign if |
62 | such detectors are to be used; amending s. 316.640, F.S.; |
63 | requiring the Department of Transportation to develop |
64 | training and qualification standards for traffic |
65 | infraction enforcement officers; authorizing counties and |
66 | municipalities to use independent contractors as traffic |
67 | infraction enforcement officers; amending s. 316.650, |
68 | F.S.; requiring a traffic enforcement officer to provide |
69 | to the court a replica of the citation data by electronic |
70 | transmission under certain conditions; amending s. 318.14, |
71 | F.S.; providing an exception from provisions requiring a |
72 | person cited for an infraction for failing to stop at a |
73 | traffic control signal steady red light to sign and accept |
74 | a citation indicating a promise to appear; amending s. |
75 | 318.18, F.S.; increasing certain fines; providing for |
76 | penalties for infractions enforced by a traffic infraction |
77 | enforcement officer; providing for distribution of fines; |
78 | allowing the clerk of court to dismiss certain cases upon |
79 | receiving documentation that the uniform traffic citation |
80 | was issued in error; providing that an individual may not |
81 | receive a commission or per-ticket fee from any revenue |
82 | collected from violations detected through the use of a |
83 | traffic infraction detector and a manufacturer or vendor |
84 | may not receive a fee or remuneration based upon the |
85 | number of citations issued; creating s. 321.50, F.S.; |
86 | authorizing the Department of Highway Safety and Motor |
87 | Vehicles to use traffic infraction detectors under certain |
88 | circumstances; amending s. 322.27, F.S.; providing that no |
89 | points may be assessed against the driver's license for |
90 | infractions enforced by a traffic infraction enforcement |
91 | officer; providing that infractions enforced by a traffic |
92 | infraction enforcement officer may not be used for |
93 | purposes of setting motor vehicle insurance rates; |
94 | providing for severability; providing an effective date. |
95 |
|
96 | Be It Enacted by the Legislature of the State of Florida: |
97 |
|
98 | Section 1. This act may be cited as the "Mark Wandall |
99 | Traffic Safety Act." |
100 | Section 2. Subsection (86) is added to section 316.003, |
101 | Florida Statutes, to read: |
102 | 316.003 Definitions.-The following words and phrases, when |
103 | used in this chapter, shall have the meanings respectively |
104 | ascribed to them in this section, except where the context |
105 | otherwise requires: |
106 | (86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor |
107 | installed to work in conjunction with a traffic control signal |
108 | and a camera or cameras synchronized to automatically record two |
109 | or more sequenced photographic or electronic images or streaming |
110 | video of only the rear of a motor vehicle at the time the |
111 | vehicle fails to stop behind the stop bar or clearly marked stop |
112 | line when facing a traffic control signal steady red light. Any |
113 | notification under s. 316.0083(1)(b) or traffic citation issued |
114 | by the use of a traffic infraction detector must include a |
115 | photograph or other recorded image showing both the license tag |
116 | of the offending vehicle and the traffic control device being |
117 | violated. |
118 | Section 3. Section 316.0076, Florida Statutes, is created |
119 | to read: |
120 | 316.0076 Regulation and use of cameras.-Regulation of the |
121 | use of cameras for enforcing the provisions of this chapter is |
122 | expressly preempted to the state. The regulation of the use of |
123 | cameras for enforcing the provisions of this chapter is not |
124 | required to comply with provisions of chapter 493. |
125 | Section 4. Subsection (7) is added to section 316.008, |
126 | Florida Statutes, to read: |
127 | 316.008 Powers of local authorities.- |
128 | (7)(a) A county or municipality may use traffic infraction |
129 | detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a |
130 | driver fails to stop at a traffic signal on streets and highways |
131 | under their jurisdiction under s. 316.0083. Only a municipality |
132 | may install or authorize the installation of any such detectors |
133 | within the incorporated area of the municipality. Only a county |
134 | may install or authorize the installation of any such detectors |
135 | within the unincorporated area of the county. |
136 | (b) Pursuant to paragraph (a), a municipality may install |
137 | or, by contract or interlocal agreement, authorize the |
138 | installation of any such detectors only within the incorporated |
139 | area of the municipality, and a county may install or, by |
140 | contract or interlocal agreement, authorize the installation of |
141 | any such detectors only within the unincorporated area of the |
142 | county. |
143 | Section 5. Section 316.0083, Florida Statutes, is created |
144 | to read: |
145 | 316.0083 Mark Wandall Traffic Safety Program; |
146 | administration; report.- |
147 | (1)(a) For purposes of administering this section, the |
148 | department, a county, or a municipality may authorize a traffic |
149 | infraction enforcement officer under s. 316.640 to issue a |
150 | traffic citation for a violation of s. 316.074(1) or s. |
151 | 316.075(1)(c)1. A notice of violation and a traffic citation may |
152 | not be issued for failure to stop at a red light if the driver |
153 | is making a right-hand turn in a careful and prudent manner at |
154 | an intersection where right-hand turns are permissible. This |
155 | paragraph does not prohibit a review of information from a |
156 | traffic infraction detector by an authorized employee or agent |
157 | of the department, a county, or a municipality before issuance |
158 | of the traffic citation by the traffic infraction enforcement |
159 | officer. This paragraph does not prohibit the department, a |
160 | county, or a municipality from issuing notification as provided |
161 | in paragraph (b) to the registered owner of the motor vehicle |
162 | involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. |
163 | (b)1.a. Within 30 days after a violation, notification |
164 | must be sent to the registered owner of the motor vehicle |
165 | involved in the violation specifying the remedies available |
166 | under s. 318.14 and that the violator must pay the penalty of |
167 | $158 to the department, county, or municipality, or furnish an |
168 | affidavit in accordance with paragraph (d), within 30 days |
169 | following the date of the notification in order to avoid court |
170 | fees, costs, and the issuance of a traffic citation. The |
171 | notification shall be sent by first-class mail. |
172 | b. Included with the notification to the registered owner |
173 | of the motor vehicle involved in the infraction must be a notice |
174 | that the owner has the right to review the photographic or |
175 | electronic images and the streaming video evidence that |
176 | constitutes a rebuttable presumption against the owner of the |
177 | vehicle. The notice must state the time and place or Internet |
178 | location where the evidence may be examined and observed. |
179 | 2. Penalties assessed and collected by the department, |
180 | county, or municipality authorized to collect the funds provided |
181 | for in this paragraph, less the amount retained by the county or |
182 | municipality pursuant to subparagraph 3., shall be paid into the |
183 | State Treasury weekly. Payment by the department, county, or |
184 | municipality to the state shall be made by means of electronic |
185 | funds transfers. A county or municipality shall only pay to the |
186 | State Treasury that portion of the funds not to be retained by |
187 | the county or municipality pursuant to subparagraph 3. |
188 | 3. Penalties to be assessed and collected by the |
189 | department, county, or municipality are as follows: |
190 | a. One hundred fifty-eight dollars for a violation of s. |
191 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
192 | stop at a traffic signal if enforcement is by the department's |
193 | traffic infraction enforcement officer. One hundred dollars |
194 | shall be deposited into the General Revenue Fund, $10 shall be |
195 | remitted to the Department of Revenue for deposit into the |
196 | Department of Health Administrative Trust Fund, $3 shall be |
197 | remitted to the Department of Revenue for deposit into the Brain |
198 | and Spinal Cord Injury Trust Fund, and $45 shall be distributed |
199 | to the municipality in which the violation occurred, or, if the |
200 | violation occurred in an unincorporated area, to the county in |
201 | which the violation occurred. Funds deposited into the |
202 | Department of Health Administrative Trust Fund under this sub- |
203 | subparagraph shall be distributed as provided in s. 395.4036(1). |
204 | Proceeds of the infractions in the Brain and Spinal Cord Injury |
205 | Trust Fund shall be distributed quarterly to the Miami Project |
206 | to Cure Paralysis and shall be used for brain and spinal cord |
207 | research. |
208 | b. One hundred fifty-eight dollars for a violation of s. |
209 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
210 | stop at a traffic signal if enforcement is by a county or |
211 | municipal traffic infraction enforcement officer. Seventy |
212 | dollars shall be remitted by the county or municipality to the |
213 | Department of Revenue for deposit into the General Revenue Fund, |
214 | $10 shall be remitted to the Department of Revenue for deposit |
215 | into the Department of Health Administrative Trust Fund, $3 |
216 | shall be remitted to the Department of Revenue for deposit into |
217 | the Brain and Spinal Cord Injury Trust Fund, and $75 shall be |
218 | retained by the county or municipality enforcing the ordinance |
219 | enacted pursuant to this section. Funds deposited into the |
220 | Department of Health Administrative Trust Fund under this sub- |
221 | subparagraph shall be distributed as provided in s. 395.4036(1). |
222 | Proceeds of the infractions in the Brain and Spinal Cord Injury |
223 | Trust Fund shall be distributed quarterly to the Miami Project |
224 | to Cure Paralysis and shall be used for brain and spinal cord |
225 | research. |
226 | 4. An individual may not receive a commission from any |
227 | revenue collected from violations detected through the use of a |
228 | traffic infraction detector. A manufacturer or vendor may not |
229 | receive a fee or remuneration based upon the number of citations |
230 | issued due to a traffic infraction detector enforcement system. |
231 | (c)1.a. A traffic citation issued under this section shall |
232 | be issued by mailing the traffic citation by certified mail to |
233 | the address of the registered owner of the motor vehicle |
234 | involved in the violation when payment has not been made within |
235 | 30 days after notification under subparagraph (b)1. |
236 | b. Delivery of the traffic citation constitutes |
237 | notification under this paragraph. |
238 | c. In the case of joint ownership of a motor vehicle, the |
239 | traffic citation shall be mailed to the first name appearing on |
240 | the registration, unless the first name appearing on the |
241 | registration is a business organization, in which case the |
242 | second name appearing on the registration may be used. |
243 | d. The traffic citation shall be mailed to the registered |
244 | owner of the motor vehicle involved in the violation no later |
245 | than 60 days after the date of the violation. |
246 | 2. Included with the notification to the registered owner |
247 | of the motor vehicle involved in the infraction shall be a |
248 | notice that the owner has the right to review, either in person |
249 | or remotely, the photographic or electronic images or the |
250 | streaming video evidence that constitutes a rebuttable |
251 | presumption against the owner of the vehicle. The notice must |
252 | state the time and place or Internet location where the evidence |
253 | may be examined and observed. |
254 | (d)1. The owner of the motor vehicle involved in the |
255 | violation is responsible and liable for paying the uniform |
256 | traffic citation issued for a violation of s. 316.074(1) or s. |
257 | 316.075(1)(c)1. when the driver failed to stop at a traffic |
258 | signal, unless the owner can establish that: |
259 | a. The motor vehicle passed through the intersection in |
260 | order to yield right-of-way to an emergency vehicle or as part |
261 | of a funeral procession; |
262 | b. The motor vehicle passed through the intersection at |
263 | the direction of a law enforcement officer; |
264 | c. The motor vehicle was, at the time of the violation, in |
265 | the care, custody, or control of another person; or |
266 | d. A uniform traffic citation was issued by a law |
267 | enforcement officer to the driver of the motor vehicle for the |
268 | alleged violation of s. 316.074(1) or s. 316.075(1)(c)1. |
269 | 2. In order to establish such facts, the owner of the |
270 | motor vehicle shall, within 30 days after the date of issuance |
271 | of the traffic citation, furnish to the appropriate governmental |
272 | entity an affidavit setting forth detailed information |
273 | supporting an exemption as provided in this paragraph. |
274 | a. An affidavit supporting an exemption under sub- |
275 | subparagraph 1.c. must include the name, address, date of birth, |
276 | and, if known, the driver's license number of the person who |
277 | leased, rented, or otherwise had care, custody, or control of |
278 | the motor vehicle at the time of the alleged violation. If the |
279 | vehicle was stolen at the time of the alleged offense, the |
280 | affidavit must include the police report indicating that the |
281 | vehicle was stolen. |
282 | b. If a traffic citation for a violation of s. 316.074(1) |
283 | or s. 316.075(1)(c)1. was issued at the location of the |
284 | violation by a law enforcement officer, the affidavit must |
285 | include the serial number of the uniform traffic citation. |
286 | 3. Upon receipt of an affidavit, the person designated as |
287 | having care, custody, and control of the motor vehicle at the |
288 | time of the violation may be issued a traffic citation for a |
289 | violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver |
290 | failed to stop at a traffic signal. The affidavit is admissible |
291 | in a proceeding pursuant to this section for the purpose of |
292 | providing proof that the person identified in the affidavit was |
293 | in actual care, custody, or control of the motor vehicle. The |
294 | owner of a leased vehicle for which a traffic citation is issued |
295 | for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the |
296 | driver failed to stop at a traffic signal is not responsible for |
297 | paying the traffic citation and is not required to submit an |
298 | affidavit as specified in this subsection if the motor vehicle |
299 | involved in the violation is registered in the name of the |
300 | lessee of such motor vehicle. |
301 | 4. The submission of a false affidavit is a misdemeanor of |
302 | the second degree, punishable as provided in s. 775.082 or s. |
303 | 775.083. |
304 | (e) The photographic or electronic images or streaming |
305 | video attached to or referenced in the traffic citation is |
306 | evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
307 | when the driver failed to stop at a traffic signal has occurred |
308 | and is admissible in any proceeding to enforce this section and |
309 | raises a rebuttable presumption that the motor vehicle named in |
310 | the report or shown in the photographic or electronic images or |
311 | streaming video evidence was used in violation of s. 316.074(1) |
312 | or s. 316.075(1)(c)1. when the driver failed to stop at a |
313 | traffic signal. |
314 | (2) A notice of violation and a traffic citation may not |
315 | be issued for failure to stop at a red light if the driver is |
316 | making a right-hand turn in a careful and prudent manner at an |
317 | intersection where right-hand turns are permissible. |
318 | (3) This section supplements the enforcement of s. |
319 | 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers |
320 | when a driver fails to stop at a traffic signal and does not |
321 | prohibit a law enforcement officer from issuing a traffic |
322 | citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
323 | when a driver fails to stop at a traffic signal in accordance |
324 | with normal traffic enforcement techniques. |
325 | (4)(a) Each county or municipality that operates a traffic |
326 | infraction detector shall submit a report by October 1, 2012, |
327 | and annually thereafter, to the department which details the |
328 | results of using the traffic infraction detector and the |
329 | procedures for enforcement for the preceding state fiscal year. |
330 | The information submitted by the counties and municipalities |
331 | must include statistical data and information required by the |
332 | department to complete the report required under paragraph (b). |
333 | (b) On or before December 31, 2012, and annually |
334 | thereafter, the department shall provide a summary report to the |
335 | Governor, the President of the Senate, and the Speaker of the |
336 | House of Representatives regarding the use and operation of |
337 | traffic infraction detectors under this section, along with the |
338 | department's recommendations and any necessary legislation. The |
339 | summary report must include a review of the information |
340 | submitted to the department by the counties and municipalities |
341 | and must describe the enhancement of the traffic safety and |
342 | enforcement programs. |
343 | Section 6. Subsection (6) of section 316.0745, Florida |
344 | Statutes, is amended to read: |
345 | 316.0745 Uniform signals and devices.- |
346 | (6) Any system of traffic control devices controlled and |
347 | operated from a remote location by electronic computers or |
348 | similar devices must shall meet all requirements established for |
349 | the uniform system, and, if where such a system affects systems |
350 | affect the movement of traffic on state roads, the design of the |
351 | system shall be reviewed and approved by the Department of |
352 | Transportation. |
353 | Section 7. Section 316.07456, Florida Statutes, is created |
354 | to read: |
355 | 316.07456 Transitional implementation.-Any traffic |
356 | infraction detector deployed on the highways, streets, and roads |
357 | of this state must meet specifications established by the |
358 | Department of Transportation, and must be tested at regular |
359 | intervals according to specifications prescribed by the |
360 | Department of Transportation. The Department of Transportation |
361 | must establish such specifications on or before December 31, |
362 | 2010. However, any such equipment acquired by purchase, lease, |
363 | or other arrangement under an agreement entered into by a county |
364 | or municipality on or before July 1, 2011, or equipment used to |
365 | enforce an ordinance enacted by a county or municipality on or |
366 | before July 1, 2011, is not required to meet the specifications |
367 | established by the Department of Transportation until July 1, |
368 | 2011. |
369 | Section 8. Section 316.0776, Florida Statutes, is created |
370 | to read: |
371 | 316.0776 Traffic infraction detectors; placement and |
372 | installation.- |
373 | (1) Traffic infraction detectors are allowed on state |
374 | roads when permitted by the Department of Transportation and |
375 | under placement and installation specifications developed by the |
376 | Department of Transportation. Traffic infraction detectors are |
377 | allowed on streets and highways under the jurisdiction of |
378 | counties or municipalities in accordance with placement and |
379 | installation specifications developed by the Department of |
380 | Transportation. |
381 | (2)(a) If the department, county, or municipality installs |
382 | a traffic infraction detector at an intersection, the |
383 | department, county, or municipality shall notify the public that |
384 | a traffic infraction device may be in use at that intersection |
385 | and must specifically include notification of camera enforcement |
386 | of violations concerning right turns. Such signage used to |
387 | notify the public must meet the specifications for uniform |
388 | signals and devices adopted by the Department of Transportation |
389 | pursuant to s. 316.0745. |
390 | (b) If the department, county, or municipality begins a |
391 | traffic infraction detector program in a county or municipality |
392 | that has never conducted such a program, the respective |
393 | department, county, or municipality shall also make a public |
394 | announcement and conduct a public awareness campaign of the |
395 | proposed use of traffic infraction detectors at least 30 days |
396 | before commencing the enforcement program. |
397 | Section 9. Paragraph (b) of subsection (1) and subsection |
398 | (5) of section 316.640, Florida Statutes, are amended to read: |
399 | 316.640 Enforcement.-The enforcement of the traffic laws |
400 | of this state is vested as follows: |
401 | (1) STATE.- |
402 | (b)1. The Department of Transportation has authority to |
403 | enforce on all the streets and highways of this state all laws |
404 | applicable within its authority. |
405 | 2.a. The Department of Transportation shall develop |
406 | training and qualifications standards for toll enforcement |
407 | officers whose sole authority is to enforce the payment of tolls |
408 | pursuant to s. 316.1001. Nothing in this subparagraph shall be |
409 | construed to permit the carrying of firearms or other weapons, |
410 | nor shall a toll enforcement officer have arrest authority. |
411 | b. For the purpose of enforcing s. 316.1001, governmental |
412 | entities, as defined in s. 334.03, which own or operate a toll |
413 | facility may employ independent contractors or designate |
414 | employees as toll enforcement officers; however, any such toll |
415 | enforcement officer must successfully meet the training and |
416 | qualifications standards for toll enforcement officers |
417 | established by the Department of Transportation. |
418 | 3. For the purpose of enforcing s. 316.0083, the |
419 | department may designate employees as traffic infraction |
420 | enforcement officers. A traffic infraction enforcement officer |
421 | must successfully complete instruction in traffic enforcement |
422 | procedures and court presentation through the Selective Traffic |
423 | Enforcement Program as approved by the Division of Criminal |
424 | Justice Standards and Training of the Department of Law |
425 | Enforcement, or through a similar program, but may not |
426 | necessarily otherwise meet the uniform minimum standards |
427 | established by the Criminal Justice Standards and Training |
428 | Commission for law enforcement officers or auxiliary law |
429 | enforcement officers under s. 943.13. This subparagraph does not |
430 | authorize the carrying of firearms or other weapons by a traffic |
431 | infraction enforcement officer and does not authorize a traffic |
432 | infraction enforcement officer to make arrests. The department's |
433 | traffic infraction enforcement officers must be physically |
434 | located in the state. |
435 | (5)(a) Any sheriff's department or police department of a |
436 | municipality may employ, as a traffic infraction enforcement |
437 | officer, any individual who successfully completes instruction |
438 | in traffic enforcement procedures and court presentation through |
439 | the Selective Traffic Enforcement Program as approved by the |
440 | Division of Criminal Justice Standards and Training of the |
441 | Department of Law Enforcement, or through a similar program, but |
442 | who does not necessarily otherwise meet the uniform minimum |
443 | standards established by the Criminal Justice Standards and |
444 | Training Commission for law enforcement officers or auxiliary |
445 | law enforcement officers under s. 943.13. Any such traffic |
446 | infraction enforcement officer who observes the commission of a |
447 | traffic infraction or, in the case of a parking infraction, who |
448 | observes an illegally parked vehicle may issue a traffic |
449 | citation for the infraction when, based upon personal |
450 | investigation, he or she has reasonable and probable grounds to |
451 | believe that an offense has been committed which constitutes a |
452 | noncriminal traffic infraction as defined in s. 318.14. In |
453 | addition, any such traffic infraction enforcement officer may |
454 | issue a traffic citation under s. 316.0083. For purposes of |
455 | enforcing s. 316.0083, any sheriff's department or police |
456 | department of a municipality may designate employees as traffic |
457 | infraction enforcement officers. The traffic infraction |
458 | enforcement officers must be physically located in the county of |
459 | the respective sheriff's or police department. |
460 | (b) The traffic infraction enforcement officer shall be |
461 | employed in relationship to a selective traffic enforcement |
462 | program at a fixed location or as part of a crash investigation |
463 | team at the scene of a vehicle crash or in other types of |
464 | traffic infraction enforcement under the direction of a fully |
465 | qualified law enforcement officer; however, it is not necessary |
466 | that the traffic infraction enforcement officer's duties be |
467 | performed under the immediate supervision of a fully qualified |
468 | law enforcement officer. |
469 | (c) This subsection does not permit the carrying of |
470 | firearms or other weapons, nor do traffic infraction enforcement |
471 | officers have arrest authority other than the authority to issue |
472 | a traffic citation as provided in this subsection. |
473 | Section 10. Subsection (3) of section 316.650, Florida |
474 | Statutes, is amended to read: |
475 | 316.650 Traffic citations.- |
476 | (3)(a) Except for a traffic citation issued pursuant to s. |
477 | 316.1001 or s. 316.0083, each traffic enforcement officer, upon |
478 | issuing a traffic citation to an alleged violator of any |
479 | provision of the motor vehicle laws of this state or of any |
480 | traffic ordinance of any municipality or town, shall deposit the |
481 | original traffic citation or, in the case of a traffic |
482 | enforcement agency that has an automated citation issuance |
483 | system, the chief administrative officer shall provide by an |
484 | electronic transmission a replica of the citation data to a |
485 | court having jurisdiction over the alleged offense or with its |
486 | traffic violations bureau within 5 days after issuance to the |
487 | violator. |
488 | (b) If a traffic citation is issued pursuant to s. |
489 | 316.1001, a traffic enforcement officer may deposit the original |
490 | traffic citation or, in the case of a traffic enforcement agency |
491 | that has an automated citation system, may provide by an |
492 | electronic transmission a replica of the citation data to a |
493 | court having jurisdiction over the alleged offense or with its |
494 | traffic violations bureau within 45 days after the date of |
495 | issuance of the citation to the violator. If the person cited |
496 | for the violation of s. 316.1001 makes the election provided by |
497 | s. 318.14(12) and pays the $25 fine, or such other amount as |
498 | imposed by the governmental entity owning the applicable toll |
499 | facility, plus the amount of the unpaid toll that is shown on |
500 | the traffic citation directly to the governmental entity that |
501 | issued the citation, or on whose behalf the citation was issued, |
502 | in accordance with s. 318.14(12), the traffic citation will not |
503 | be submitted to the court, the disposition will be reported to |
504 | the department by the governmental entity that issued the |
505 | citation, or on whose behalf the citation was issued, and no |
506 | points will be assessed against the person's driver's license. |
507 | (c) If a traffic citation is issued under s. 316.0083, the |
508 | traffic infraction enforcement officer shall provide by |
509 | electronic transmission a replica of the traffic citation data |
510 | to the court having jurisdiction over the alleged offense or its |
511 | traffic violations bureau within 5 days after the date of |
512 | issuance of the traffic citation to the violator. |
513 | Section 11. Subsection (2) of section 318.14, Florida |
514 | Statutes, is amended to read: |
515 | 318.14 Noncriminal traffic infractions; exception; |
516 | procedures.- |
517 | (2) Except as provided in ss. s. 316.1001(2) and 316.0083, |
518 | any person cited for an infraction under this section must sign |
519 | and accept a citation indicating a promise to appear. The |
520 | officer may indicate on the traffic citation the time and |
521 | location of the scheduled hearing and must indicate the |
522 | applicable civil penalty established in s. 318.18. |
523 | Section 12. Subsection (15) of section 318.18, Florida |
524 | Statutes, is amended to read: |
525 | 318.18 Amount of penalties.-The penalties required for a |
526 | noncriminal disposition pursuant to s. 318.14 or a criminal |
527 | offense listed in s. 318.17 are as follows: |
528 | (15)(a)1. One hundred fifty-eight twenty-five dollars for |
529 | a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver |
530 | has failed to stop at a traffic signal. Sixty dollars shall be |
531 | distributed as provided in s. 318.21, $30 shall be distributed |
532 | to the General Revenue Fund, $3 shall be remitted to the |
533 | Department of Revenue for deposit into the Brain and Spinal Cord |
534 | Injury Trust Fund, and the remaining $65 shall be remitted to |
535 | the Department of Revenue for deposit into the Administrative |
536 | Trust Fund of the Department of Health. Proceeds of the |
537 | infractions in the Brain and Spinal Cord Injury Trust Fund shall |
538 | be distributed quarterly to the Miami Project to Cure Paralysis |
539 | and shall be used for brain and spinal cord research. |
540 | 2. One hundred and fifty-eight dollars for a violation of |
541 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
542 | stop at a traffic signal and when enforced by the department's |
543 | traffic infraction enforcement officer. One hundred and three |
544 | dollars shall be distributed to the General Revenue Fund, $45 |
545 | shall be distributed to the county for any violations occurring |
546 | in any unincorporated areas of the county or to the municipality |
547 | for any violations occurring in the incorporated boundaries of |
548 | the municipality in which the infraction occurred, and $10 shall |
549 | be remitted to the Department of Revenue for deposit into the |
550 | Department of Health Administrative Trust Fund for distribution |
551 | as provided in s. 395.4036(1). |
552 | 3. One hundred and fifty-eight dollars for a violation of |
553 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
554 | stop at a traffic signal and when enforced by a county's or |
555 | municipality's traffic infraction enforcement officer. Seventy |
556 | five dollars shall be distributed to the county or municipality |
557 | issuing the traffic citation, $73 shall be distributed to the |
558 | General Revenue Fund, and $10 shall be remitted to the |
559 | Department of Revenue for deposit into the Department of Health |
560 | Administrative Trust Fund for distribution as provided in s. |
561 | 395.4036(1). |
562 | (b) One hundred and fifty-eight dollars for a violation of |
563 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
564 | stop at a traffic signal if enforced by a traffic infraction |
565 | enforcement officer pursuant to s. 316.0083. Seventy dollars |
566 | shall be remitted by the county or municipality to the |
567 | Department of Revenue for deposit into the General Revenue Fund, |
568 | $10 shall be remitted to the Department of Revenue for deposit |
569 | into the Department of Health Administrative Trust Fund, $3 |
570 | shall be remitted to the Department of Revenue for deposit into |
571 | the Brain and Spinal Cord Injury Trust Fund, and $75 shall be |
572 | retained by the county or municipality enforcing the ordinance |
573 | enacted pursuant to this section. Funds deposited into the |
574 | Department of Health Administrative Trust Fund under this sub- |
575 | subparagraph shall be distributed as provided in s. 395.4036(1). |
576 | Proceeds of the infractions in the Brain and Spinal Cord Injury |
577 | Trust Fund shall be distributed quarterly to the Miami Project |
578 | to Cure Paralysis and shall be used for brain and spinal cord |
579 | research. |
580 | (c) If a person who is cited for a violation of s. |
581 | 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic |
582 | infraction enforcement officer under s. 316.0083, presents |
583 | documentation from the appropriate governmental entity that the |
584 | traffic citation was in error, the clerk of court may dismiss |
585 | the case. The clerk of court shall not charge for this service. |
586 | (d) An individual may not receive a commission or per- |
587 | ticket fee from any revenue collected from violations detected |
588 | through the use of a traffic infraction detector. A manufacturer |
589 | or vendor may not receive a fee or remuneration based upon the |
590 | number of citations issued due to a traffic infraction detector |
591 | enforcement system. |
592 | (e) Funds deposited into the Department of Health |
593 | Administrative Trust Fund under this subsection shall be |
594 | distributed as provided in s. 395.4036(1). |
595 | Section 13. Section 321.50, Florida Statutes, is created |
596 | to read: |
597 | 321.50 Authorization to use traffic infraction detectors.- |
598 | The Department of Highway Safety and Motor Vehicles is |
599 | authorized to use traffic infraction detectors to enforce s. |
600 | 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on |
601 | state roads as defined in chapter 316 which are under the |
602 | original jurisdiction of the Department of Transportation, when |
603 | permitted by the Department of Transportation, and under s. |
604 | 316.0083. |
605 | Section 14. Paragraph (d) of subsection (3) of section |
606 | 322.27, Florida Statutes, is amended to read: |
607 | 322.27 Authority of department to suspend or revoke |
608 | license.- |
609 | (3) There is established a point system for evaluation of |
610 | convictions of violations of motor vehicle laws or ordinances, |
611 | and violations of applicable provisions of s. 403.413(6)(b) when |
612 | such violations involve the use of motor vehicles, for the |
613 | determination of the continuing qualification of any person to |
614 | operate a motor vehicle. The department is authorized to suspend |
615 | the license of any person upon showing of its records or other |
616 | good and sufficient evidence that the licensee has been |
617 | convicted of violation of motor vehicle laws or ordinances, or |
618 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
619 | more points as determined by the point system. The suspension |
620 | shall be for a period of not more than 1 year. |
621 | (d) The point system shall have as its basic element a |
622 | graduated scale of points assigning relative values to |
623 | convictions of the following violations: |
624 | 1. Reckless driving, willful and wanton-4 points. |
625 | 2. Leaving the scene of a crash resulting in property |
626 | damage of more than $50-6 points. |
627 | 3. Unlawful speed resulting in a crash-6 points. |
628 | 4. Passing a stopped school bus-4 points. |
629 | 5. Unlawful speed: |
630 | a. Not in excess of 15 miles per hour of lawful or posted |
631 | speed-3 points. |
632 | b. In excess of 15 miles per hour of lawful or posted |
633 | speed-4 points. |
634 | 6. A violation of a traffic control signal device as |
635 | provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. |
636 | However, no points shall be imposed for a violation of s. |
637 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
638 | stop at a traffic signal and when enforced by a traffic |
639 | infraction enforcement officer. In addition, a violation of s. |
640 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
641 | stop at a traffic signal and when enforced by a traffic |
642 | infraction enforcement officer may not be used for purposes of |
643 | setting motor vehicle insurance rates. |
644 | 7. All other moving violations (including parking on a |
645 | highway outside the limits of a municipality)-3 points. However, |
646 | no points shall be imposed for a violation of s. 316.0741 or s. |
647 | 316.2065(12). |
648 | 8. Any moving violation covered above, excluding unlawful |
649 | speed, resulting in a crash-4 points. |
650 | 9. Any conviction under s. 403.413(6)(b)-3 points. |
651 | 10. Any conviction under s. 316.0775(2)-4 points. |
652 | Section 15. If any provision of this act or its |
653 | application to any person or circumstance is held invalid, the |
654 | invalidity does not affect other provisions or applications of |
655 | this act which can be given effect without the invalid provision |
656 | or application, and to this end the provisions of this act are |
657 | severable. |
658 | Section 16. This act shall take effect July 1, 2010. |