| 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 violations detected through the use of a traffic |
| 28 | infraction detector; providing procedures for issuance, |
| 29 | disposition, and enforcement of citations; providing for |
| 30 | exemptions; providing that certain evidence is admissible |
| 31 | for enforcement; providing penalties for submission of a |
| 32 | false affidavit; prohibiting the use of such detectors to |
| 33 | enforce a violation when a driver fails to stop prior to |
| 34 | making a right or left turn; providing that the act does |
| 35 | not preclude the issuance of citations by law enforcement |
| 36 | officers; requiring reports from participating |
| 37 | municipalities and counties to the department; requiring |
| 38 | the department to make reports to the Governor and |
| 39 | Legislature; amending s. 316.0745, F.S.; revising a |
| 40 | provision that requires certain remotely operated traffic |
| 41 | control devices to meet certain specifications; creating |
| 42 | s. 316.07456, F.S.; requiring traffic infraction detectors |
| 43 | to meet specifications established by the Department of |
| 44 | Transportation; providing that a traffic infraction |
| 45 | detector acquired by purchase, lease, or other arrangement |
| 46 | under an agreement entered into by a county or |
| 47 | municipality on or before a specified date is not required |
| 48 | to meet the established specifications until a specified |
| 49 | date; creating s. 316.0776, F.S.; providing for the |
| 50 | placement and installation of detectors on certain roads |
| 51 | when permitted by and under the specifications of the |
| 52 | department; requiring that if the state, county, or |
| 53 | municipality installs a traffic infraction detector at an |
| 54 | intersection, the state, county, or municipality shall |
| 55 | notify the public that a traffic infraction device may be |
| 56 | in use at that intersection; requiring that such signage |
| 57 | posted at the intersection meet the specifications for |
| 58 | uniform signals and devices adopted by the Department of |
| 59 | Transportation; requiring that traffic infraction |
| 60 | detectors meet specifications established by the |
| 61 | Department of Transportation; requiring a public awareness |
| 62 | campaign if such detectors are to be used; amending s. |
| 63 | 316.640, F.S.; requiring the Department of Transportation |
| 64 | to develop training and qualification standards for |
| 65 | traffic infraction enforcement officers; authorizing |
| 66 | counties and municipalities to use independent contractors |
| 67 | as traffic infraction enforcement officers; amending s. |
| 68 | 316.650, F.S.; requiring a traffic enforcement officer to |
| 69 | provide to the court a replica of the citation data by |
| 70 | electronic transmission under certain conditions; amending |
| 71 | s. 318.14, F.S.; providing an exception from provisions |
| 72 | requiring a person cited for an infraction for failing to |
| 73 | stop at a traffic control signal steady red light to sign |
| 74 | and accept a citation indicating a promise to appear; |
| 75 | amending s. 318.18, F.S.; increasing certain fines; |
| 76 | providing for penalties for infractions enforced by a |
| 77 | traffic infraction enforcement officer; providing for |
| 78 | distribution of fines; allowing the clerk of court to |
| 79 | dismiss certain cases upon receiving documentation that |
| 80 | the uniform traffic citation was issued in error; |
| 81 | providing that an individual may not receive a commission |
| 82 | or per-ticket fee from any revenue collected from |
| 83 | violations detected through the use of a traffic |
| 84 | infraction detector and a manufacturer or vendor may not |
| 85 | receive a fee or remuneration based upon the number of |
| 86 | violations detected through the use of a traffic |
| 87 | infraction detector; creating s. 321.50, F.S.; authorizing |
| 88 | the Department of Highway Safety and Motor Vehicles to use |
| 89 | traffic infraction detectors under certain circumstances; |
| 90 | amending s. 322.27, F.S.; providing that no points may be |
| 91 | assessed against the driver's license for infractions |
| 92 | enforced by a traffic infraction enforcement officer; |
| 93 | providing that infractions enforced by a traffic |
| 94 | infraction enforcement officer may not be used for |
| 95 | purposes of setting motor vehicle insurance rates; |
| 96 | requiring the retention of certain penalty proceeds |
| 97 | collected prior to the Department of Revenue's ability to |
| 98 | receive and distribute such funds; providing an |
| 99 | appropriation and for carryforward of any unexpended |
| 100 | balance; providing for severability; providing effective |
| 101 | dates. |
| 102 |
|
| 103 | Be It Enacted by the Legislature of the State of Florida: |
| 104 |
|
| 105 | Section 1. This act may be cited as the "Mark Wandall |
| 106 | Traffic Safety Act." |
| 107 | Section 2. Subsection (86) is added to section 316.003, |
| 108 | Florida Statutes, to read: |
| 109 | 316.003 Definitions.-The following words and phrases, when |
| 110 | used in this chapter, shall have the meanings respectively |
| 111 | ascribed to them in this section, except where the context |
| 112 | otherwise requires: |
| 113 | (86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor |
| 114 | installed to work in conjunction with a traffic control signal |
| 115 | and a camera or cameras synchronized to automatically record two |
| 116 | or more sequenced photographic or electronic images or streaming |
| 117 | video of only the rear of a motor vehicle at the time the |
| 118 | vehicle fails to stop behind the stop bar or clearly marked stop |
| 119 | line when facing a traffic control signal steady red light. Any |
| 120 | notification under s. 316.0083(1)(b) or traffic citation issued |
| 121 | by the use of a traffic infraction detector must include a |
| 122 | photograph or other recorded image showing both the license tag |
| 123 | of the offending vehicle and the traffic control device being |
| 124 | violated. |
| 125 | Section 3. Section 316.0076, Florida Statutes, is created |
| 126 | to read: |
| 127 | 316.0076 Regulation and use of cameras.-Regulation of the |
| 128 | use of cameras for enforcing the provisions of this chapter is |
| 129 | expressly preempted to the state. The regulation of the use of |
| 130 | cameras for enforcing the provisions of this chapter is not |
| 131 | required to comply with provisions of chapter 493. |
| 132 | Section 4. Subsection (7) is added to section 316.008, |
| 133 | Florida Statutes, to read: |
| 134 | 316.008 Powers of local authorities.- |
| 135 | (7)(a) A county or municipality may use traffic infraction |
| 136 | detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a |
| 137 | driver fails to stop at a traffic signal on streets and highways |
| 138 | under their jurisdiction under s. 316.0083. Only a municipality |
| 139 | may install or authorize the installation of any such detectors |
| 140 | within the incorporated area of the municipality. Only a county |
| 141 | may install or authorize the installation of any such detectors |
| 142 | within the unincorporated area of the county. |
| 143 | (b) Pursuant to paragraph (a), a municipality may install |
| 144 | or, by contract or interlocal agreement, authorize the |
| 145 | installation of any such detectors only within the incorporated |
| 146 | area of the municipality, and a county may install or, by |
| 147 | contract or interlocal agreement, authorize the installation of |
| 148 | any such detectors only within the unincorporated area of the |
| 149 | county. A county may authorize installation of any such |
| 150 | detectors by interlocal agreement on roads under its |
| 151 | jurisdiction. |
| 152 | Section 5. Section 316.0083, Florida Statutes, is created |
| 153 | to read: |
| 154 | 316.0083 Mark Wandall Traffic Safety Program; |
| 155 | administration; report.- |
| 156 | (1)(a) For purposes of administering this section, the |
| 157 | department, a county, or a municipality may authorize a traffic |
| 158 | infraction enforcement officer under s. 316.640 to issue a |
| 159 | traffic citation for a violation of s. 316.074(1) or s. |
| 160 | 316.075(1)(c)1. A notice of violation and a traffic citation may |
| 161 | not be issued for failure to stop at a red light if the driver |
| 162 | is making a right-hand turn in a careful and prudent manner at |
| 163 | an intersection where right-hand turns are permissible. This |
| 164 | paragraph does not prohibit a review of information from a |
| 165 | traffic infraction detector by an authorized employee or agent |
| 166 | of the department, a county, or a municipality before issuance |
| 167 | of the traffic citation by the traffic infraction enforcement |
| 168 | officer. This paragraph does not prohibit the department, a |
| 169 | county, or a municipality from issuing notification as provided |
| 170 | in paragraph (b) to the registered owner of the motor vehicle |
| 171 | involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 172 | (b)1.a. Within 30 days after a violation, notification |
| 173 | must be sent to the registered owner of the motor vehicle |
| 174 | involved in the violation specifying the remedies available |
| 175 | under s. 318.14 and that the violator must pay the penalty of |
| 176 | $158 to the department, county, or municipality, or furnish an |
| 177 | affidavit in accordance with paragraph (d), within 30 days |
| 178 | following the date of the notification in order to avoid court |
| 179 | fees, costs, and the issuance of a traffic citation. The |
| 180 | notification shall be sent by first-class mail. |
| 181 | b. Included with the notification to the registered owner |
| 182 | of the motor vehicle involved in the infraction must be a notice |
| 183 | that the owner has the right to review the photographic or |
| 184 | electronic images or the streaming video evidence that |
| 185 | constitutes a rebuttable presumption against the owner of the |
| 186 | vehicle. The notice must state the time and place or Internet |
| 187 | location where the evidence may be examined and observed. |
| 188 | 2. Penalties assessed and collected by the department, |
| 189 | county, or municipality authorized to collect the funds provided |
| 190 | for in this paragraph, less the amount retained by the county or |
| 191 | municipality pursuant to subparagraph 3., shall be paid to the |
| 192 | Department of Revenue weekly. Payment by the department, county, |
| 193 | or municipality to the state shall be made by means of |
| 194 | electronic funds transfers. In addition to the payment, summary |
| 195 | detail of the penalties remitted shall be reported to the |
| 196 | Department of Revenue. |
| 197 | 3. Penalties to be assessed and collected by the |
| 198 | department, county, or municipality are as follows: |
| 199 | a. One hundred fifty-eight dollars for a violation of s. |
| 200 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 201 | stop at a traffic signal if enforcement is by the department's |
| 202 | traffic infraction enforcement officer. One hundred dollars |
| 203 | shall be remitted to the Department of Revenue for deposit into |
| 204 | the General Revenue Fund, $10 shall be remitted to the |
| 205 | Department of Revenue for deposit into the Department of Health |
| 206 | Administrative Trust Fund, $3 shall be remitted to the |
| 207 | Department of Revenue for deposit into the Brain and Spinal Cord |
| 208 | Injury Trust Fund, and $45 shall be distributed to the |
| 209 | municipality in which the violation occurred, or, if the |
| 210 | violation occurred in an unincorporated area, to the county in |
| 211 | which the violation occurred. Funds deposited into the |
| 212 | Department of Health Administrative Trust Fund under this sub- |
| 213 | subparagraph shall be distributed as provided in s. 395.4036(1). |
| 214 | Proceeds of the infractions in the Brain and Spinal Cord Injury |
| 215 | Trust Fund shall be distributed quarterly to the Miami Project |
| 216 | to Cure Paralysis and shall be used for brain and spinal cord |
| 217 | research. |
| 218 | b. One hundred fifty-eight dollars for a violation of s. |
| 219 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 220 | stop at a traffic signal if enforcement is by a county or |
| 221 | municipal traffic infraction enforcement officer. Seventy |
| 222 | dollars shall be remitted by the county or municipality to the |
| 223 | Department of Revenue for deposit into the General Revenue Fund, |
| 224 | $10 shall be remitted to the Department of Revenue for deposit |
| 225 | into the Department of Health Administrative Trust Fund, $3 |
| 226 | shall be remitted to the Department of Revenue for deposit into |
| 227 | the Brain and Spinal Cord Injury Trust Fund, and $75 shall be |
| 228 | retained by the county or municipality enforcing the ordinance |
| 229 | enacted pursuant to this section. Funds deposited into the |
| 230 | Department of Health Administrative Trust Fund under this sub- |
| 231 | subparagraph shall be distributed as provided in s. 395.4036(1). |
| 232 | Proceeds of the infractions in the Brain and Spinal Cord Injury |
| 233 | Trust Fund shall be distributed quarterly to the Miami Project |
| 234 | to Cure Paralysis and shall be used for brain and spinal cord |
| 235 | research. |
| 236 | 4. An individual may not receive a commission from any |
| 237 | revenue collected from violations detected through the use of a |
| 238 | traffic infraction detector. A manufacturer or vendor may not |
| 239 | receive a fee or remuneration based upon the number of |
| 240 | violations detected through the use of a traffic infraction |
| 241 | detector. |
| 242 | (c)1.a. A traffic citation issued under this section shall |
| 243 | be issued by mailing the traffic citation by certified mail to |
| 244 | the address of the registered owner of the motor vehicle |
| 245 | involved in the violation when payment has not been made within |
| 246 | 30 days after notification under subparagraph (b)1. |
| 247 | b. Delivery of the traffic citation constitutes |
| 248 | notification under this paragraph. |
| 249 | c. In the case of joint ownership of a motor vehicle, the |
| 250 | traffic citation shall be mailed to the first name appearing on |
| 251 | the registration, unless the first name appearing on the |
| 252 | registration is a business organization, in which case the |
| 253 | second name appearing on the registration may be used. |
| 254 | d. The traffic citation shall be mailed to the registered |
| 255 | owner of the motor vehicle involved in the violation no later |
| 256 | than 60 days after the date of the violation. |
| 257 | 2. Included with the notification to the registered owner |
| 258 | of the motor vehicle involved in the infraction shall be a |
| 259 | notice that the owner has the right to review, either in person |
| 260 | or remotely, the photographic or electronic images or the |
| 261 | streaming video evidence that constitutes a rebuttable |
| 262 | presumption against the owner of the vehicle. The notice must |
| 263 | state the time and place or Internet location where the evidence |
| 264 | may be examined and observed. |
| 265 | (d)1. The owner of the motor vehicle involved in the |
| 266 | violation is responsible and liable for paying the uniform |
| 267 | traffic citation issued for a violation of s. 316.074(1) or s. |
| 268 | 316.075(1)(c)1. when the driver failed to stop at a traffic |
| 269 | signal, unless the owner can establish that: |
| 270 | a. The motor vehicle passed through the intersection in |
| 271 | order to yield right-of-way to an emergency vehicle or as part |
| 272 | of a funeral procession; |
| 273 | b. The motor vehicle passed through the intersection at |
| 274 | the direction of a law enforcement officer; |
| 275 | c. The motor vehicle was, at the time of the violation, in |
| 276 | the care, custody, or control of another person; or |
| 277 | d. A uniform traffic citation was issued by a law |
| 278 | enforcement officer to the driver of the motor vehicle for the |
| 279 | alleged violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 280 | 2. In order to establish such facts, the owner of the |
| 281 | motor vehicle shall, within 30 days after the date of issuance |
| 282 | of the traffic citation, furnish to the appropriate governmental |
| 283 | entity an affidavit setting forth detailed information |
| 284 | supporting an exemption as provided in this paragraph. |
| 285 | a. An affidavit supporting an exemption under sub- |
| 286 | subparagraph 1.c. must include the name, address, date of birth, |
| 287 | and, if known, the driver's license number of the person who |
| 288 | leased, rented, or otherwise had care, custody, or control of |
| 289 | the motor vehicle at the time of the alleged violation. If the |
| 290 | vehicle was stolen at the time of the alleged offense, the |
| 291 | affidavit must include the police report indicating that the |
| 292 | vehicle was stolen. |
| 293 | b. If a traffic citation for a violation of s. 316.074(1) |
| 294 | or s. 316.075(1)(c)1. was issued at the location of the |
| 295 | violation by a law enforcement officer, the affidavit must |
| 296 | include the serial number of the uniform traffic citation. |
| 297 | 3. Upon receipt of an affidavit, the person designated as |
| 298 | having care, custody, and control of the motor vehicle at the |
| 299 | time of the violation may be issued a traffic citation for a |
| 300 | violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver |
| 301 | failed to stop at a traffic signal. The affidavit is admissible |
| 302 | in a proceeding pursuant to this section for the purpose of |
| 303 | providing proof that the person identified in the affidavit was |
| 304 | in actual care, custody, or control of the motor vehicle. The |
| 305 | owner of a leased vehicle for which a traffic citation is issued |
| 306 | for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the |
| 307 | driver failed to stop at a traffic signal is not responsible for |
| 308 | paying the traffic citation and is not required to submit an |
| 309 | affidavit as specified in this subsection if the motor vehicle |
| 310 | involved in the violation is registered in the name of the |
| 311 | lessee of such motor vehicle. |
| 312 | 4. The submission of a false affidavit is a misdemeanor of |
| 313 | the second degree, punishable as provided in s. 775.082 or s. |
| 314 | 775.083. |
| 315 | (e) The photographic or electronic images or streaming |
| 316 | video attached to or referenced in the traffic citation is |
| 317 | evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 318 | when the driver failed to stop at a traffic signal has occurred |
| 319 | and is admissible in any proceeding to enforce this section and |
| 320 | raises a rebuttable presumption that the motor vehicle named in |
| 321 | the report or shown in the photographic or electronic images or |
| 322 | streaming video evidence was used in violation of s. 316.074(1) |
| 323 | or s. 316.075(1)(c)1. when the driver failed to stop at a |
| 324 | traffic signal. |
| 325 | (2) A notice of violation and a traffic citation may not |
| 326 | be issued for failure to stop at a red light if the driver is |
| 327 | making a right-hand turn in a careful and prudent manner at an |
| 328 | intersection where right-hand turns are permissible. |
| 329 | (3) This section supplements the enforcement of s. |
| 330 | 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers |
| 331 | when a driver fails to stop at a traffic signal and does not |
| 332 | prohibit a law enforcement officer from issuing a traffic |
| 333 | citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. |
| 334 | when a driver fails to stop at a traffic signal in accordance |
| 335 | with normal traffic enforcement techniques. |
| 336 | (4)(a) Each county or municipality that operates a traffic |
| 337 | infraction detector shall submit a report by October 1, 2012, |
| 338 | and annually thereafter, to the department which details the |
| 339 | results of using the traffic infraction detector and the |
| 340 | procedures for enforcement for the preceding state fiscal year. |
| 341 | The information submitted by the counties and municipalities |
| 342 | must include statistical data and information required by the |
| 343 | department to complete the report required under paragraph (b). |
| 344 | (b) On or before December 31, 2012, and annually |
| 345 | thereafter, the department shall provide a summary report to the |
| 346 | Governor, the President of the Senate, and the Speaker of the |
| 347 | House of Representatives regarding the use and operation of |
| 348 | traffic infraction detectors under this section, along with the |
| 349 | department's recommendations and any necessary legislation. The |
| 350 | summary report must include a review of the information |
| 351 | submitted to the department by the counties and municipalities |
| 352 | and must describe the enhancement of the traffic safety and |
| 353 | enforcement programs. |
| 354 | Section 6. Subsection (6) of section 316.0745, Florida |
| 355 | Statutes, is amended to read: |
| 356 | 316.0745 Uniform signals and devices.- |
| 357 | (6) Any system of traffic control devices controlled and |
| 358 | operated from a remote location by electronic computers or |
| 359 | similar devices must shall meet all requirements established for |
| 360 | the uniform system, and, if where such a system affects systems |
| 361 | affect the movement of traffic on state roads, the design of the |
| 362 | system shall be reviewed and approved by the Department of |
| 363 | Transportation. |
| 364 | Section 7. Section 316.07456, Florida Statutes, is created |
| 365 | to read: |
| 366 | 316.07456 Transitional implementation.-Any traffic |
| 367 | infraction detector deployed on the highways, streets, and roads |
| 368 | of this state must meet specifications established by the |
| 369 | Department of Transportation, and must be tested at regular |
| 370 | intervals according to specifications prescribed by the |
| 371 | Department of Transportation. The Department of Transportation |
| 372 | must establish such specifications on or before December 31, |
| 373 | 2010. However, any such equipment acquired by purchase, lease, |
| 374 | or other arrangement under an agreement entered into by a county |
| 375 | or municipality on or before July 1, 2011, or equipment used to |
| 376 | enforce an ordinance enacted by a county or municipality on or |
| 377 | before July 1, 2011, is not required to meet the specifications |
| 378 | established by the Department of Transportation until July 1, |
| 379 | 2011. |
| 380 | Section 8. Section 316.0776, Florida Statutes, is created |
| 381 | to read: |
| 382 | 316.0776 Traffic infraction detectors; placement and |
| 383 | installation.- |
| 384 | (1) Traffic infraction detectors are allowed on state |
| 385 | roads when permitted by the Department of Transportation and |
| 386 | under placement and installation specifications developed by the |
| 387 | Department of Transportation. Traffic infraction detectors are |
| 388 | allowed on streets and highways under the jurisdiction of |
| 389 | counties or municipalities in accordance with placement and |
| 390 | installation specifications developed by the Department of |
| 391 | Transportation. |
| 392 | (2)(a) If the department, county, or municipality installs |
| 393 | a traffic infraction detector at an intersection, the |
| 394 | department, county, or municipality shall notify the public that |
| 395 | a traffic infraction device may be in use at that intersection |
| 396 | and must specifically include notification of camera enforcement |
| 397 | of violations concerning right turns. Such signage used to |
| 398 | notify the public must meet the specifications for uniform |
| 399 | signals and devices adopted by the Department of Transportation |
| 400 | pursuant to s. 316.0745. |
| 401 | (b) If the department, county, or municipality begins a |
| 402 | traffic infraction detector program in a county or municipality |
| 403 | that has never conducted such a program, the respective |
| 404 | department, county, or municipality shall also make a public |
| 405 | announcement and conduct a public awareness campaign of the |
| 406 | proposed use of traffic infraction detectors at least 30 days |
| 407 | before commencing the enforcement program. |
| 408 | Section 9. Paragraph (b) of subsection (1) and subsection |
| 409 | (5) of section 316.640, Florida Statutes, are amended to read: |
| 410 | 316.640 Enforcement.-The enforcement of the traffic laws |
| 411 | of this state is vested as follows: |
| 412 | (1) STATE.- |
| 413 | (b)1. The Department of Transportation has authority to |
| 414 | enforce on all the streets and highways of this state all laws |
| 415 | applicable within its authority. |
| 416 | 2.a. The Department of Transportation shall develop |
| 417 | training and qualifications standards for toll enforcement |
| 418 | officers whose sole authority is to enforce the payment of tolls |
| 419 | pursuant to s. 316.1001. Nothing in this subparagraph shall be |
| 420 | construed to permit the carrying of firearms or other weapons, |
| 421 | nor shall a toll enforcement officer have arrest authority. |
| 422 | b. For the purpose of enforcing s. 316.1001, governmental |
| 423 | entities, as defined in s. 334.03, which own or operate a toll |
| 424 | facility may employ independent contractors or designate |
| 425 | employees as toll enforcement officers; however, any such toll |
| 426 | enforcement officer must successfully meet the training and |
| 427 | qualifications standards for toll enforcement officers |
| 428 | established by the Department of Transportation. |
| 429 | 3. For the purpose of enforcing s. 316.0083, the |
| 430 | department may designate employees as traffic infraction |
| 431 | enforcement officers. A traffic infraction enforcement officer |
| 432 | must successfully complete instruction in traffic enforcement |
| 433 | procedures and court presentation through the Selective Traffic |
| 434 | Enforcement Program as approved by the Division of Criminal |
| 435 | Justice Standards and Training of the Department of Law |
| 436 | Enforcement, or through a similar program, but may not |
| 437 | necessarily otherwise meet the uniform minimum standards |
| 438 | established by the Criminal Justice Standards and Training |
| 439 | Commission for law enforcement officers or auxiliary law |
| 440 | enforcement officers under s. 943.13. This subparagraph does not |
| 441 | authorize the carrying of firearms or other weapons by a traffic |
| 442 | infraction enforcement officer and does not authorize a traffic |
| 443 | infraction enforcement officer to make arrests. The department's |
| 444 | traffic infraction enforcement officers must be physically |
| 445 | located in the state. |
| 446 | (5)(a) Any sheriff's department or police department of a |
| 447 | municipality may employ, as a traffic infraction enforcement |
| 448 | officer, any individual who successfully completes instruction |
| 449 | in traffic enforcement procedures and court presentation through |
| 450 | the Selective Traffic Enforcement Program as approved by the |
| 451 | Division of Criminal Justice Standards and Training of the |
| 452 | Department of Law Enforcement, or through a similar program, but |
| 453 | who does not necessarily otherwise meet the uniform minimum |
| 454 | standards established by the Criminal Justice Standards and |
| 455 | Training Commission for law enforcement officers or auxiliary |
| 456 | law enforcement officers under s. 943.13. Any such traffic |
| 457 | infraction enforcement officer who observes the commission of a |
| 458 | traffic infraction or, in the case of a parking infraction, who |
| 459 | observes an illegally parked vehicle may issue a traffic |
| 460 | citation for the infraction when, based upon personal |
| 461 | investigation, he or she has reasonable and probable grounds to |
| 462 | believe that an offense has been committed which constitutes a |
| 463 | noncriminal traffic infraction as defined in s. 318.14. In |
| 464 | addition, any such traffic infraction enforcement officer may |
| 465 | issue a traffic citation under s. 316.0083. For purposes of |
| 466 | enforcing s. 316.0083, any sheriff's department or police |
| 467 | department of a municipality may designate employees as traffic |
| 468 | infraction enforcement officers. The traffic infraction |
| 469 | enforcement officers must be physically located in the county of |
| 470 | the respective sheriff's or police department. |
| 471 | (b) The traffic infraction enforcement officer shall be |
| 472 | employed in relationship to a selective traffic enforcement |
| 473 | program at a fixed location or as part of a crash investigation |
| 474 | team at the scene of a vehicle crash or in other types of |
| 475 | traffic infraction enforcement under the direction of a fully |
| 476 | qualified law enforcement officer; however, it is not necessary |
| 477 | that the traffic infraction enforcement officer's duties be |
| 478 | performed under the immediate supervision of a fully qualified |
| 479 | law enforcement officer. |
| 480 | (c) This subsection does not permit the carrying of |
| 481 | firearms or other weapons, nor do traffic infraction enforcement |
| 482 | officers have arrest authority other than the authority to issue |
| 483 | a traffic citation as provided in this subsection. |
| 484 | Section 10. Subsection (3) of section 316.650, Florida |
| 485 | Statutes, is amended to read: |
| 486 | 316.650 Traffic citations.- |
| 487 | (3)(a) Except for a traffic citation issued pursuant to s. |
| 488 | 316.1001 or s. 316.0083, each traffic enforcement officer, upon |
| 489 | issuing a traffic citation to an alleged violator of any |
| 490 | provision of the motor vehicle laws of this state or of any |
| 491 | traffic ordinance of any municipality or town, shall deposit the |
| 492 | original traffic citation or, in the case of a traffic |
| 493 | enforcement agency that has an automated citation issuance |
| 494 | system, the chief administrative officer shall provide by an |
| 495 | electronic transmission a replica of the citation data to a |
| 496 | court having jurisdiction over the alleged offense or with its |
| 497 | traffic violations bureau within 5 days after issuance to the |
| 498 | violator. |
| 499 | (b) If a traffic citation is issued pursuant to s. |
| 500 | 316.1001, a traffic enforcement officer may deposit the original |
| 501 | traffic citation or, in the case of a traffic enforcement agency |
| 502 | that has an automated citation system, may provide by an |
| 503 | electronic transmission a replica of the citation data to a |
| 504 | court having jurisdiction over the alleged offense or with its |
| 505 | traffic violations bureau within 45 days after the date of |
| 506 | issuance of the citation to the violator. If the person cited |
| 507 | for the violation of s. 316.1001 makes the election provided by |
| 508 | s. 318.14(12) and pays the $25 fine, or such other amount as |
| 509 | imposed by the governmental entity owning the applicable toll |
| 510 | facility, plus the amount of the unpaid toll that is shown on |
| 511 | the traffic citation directly to the governmental entity that |
| 512 | issued the citation, or on whose behalf the citation was issued, |
| 513 | in accordance with s. 318.14(12), the traffic citation will not |
| 514 | be submitted to the court, the disposition will be reported to |
| 515 | the department by the governmental entity that issued the |
| 516 | citation, or on whose behalf the citation was issued, and no |
| 517 | points will be assessed against the person's driver's license. |
| 518 | (c) If a traffic citation is issued under s. 316.0083, the |
| 519 | traffic infraction enforcement officer shall provide by |
| 520 | electronic transmission a replica of the traffic citation data |
| 521 | to the court having jurisdiction over the alleged offense or its |
| 522 | traffic violations bureau within 5 days after the date of |
| 523 | issuance of the traffic citation to the violator. |
| 524 | Section 11. Subsection (2) of section 318.14, Florida |
| 525 | Statutes, is amended to read: |
| 526 | 318.14 Noncriminal traffic infractions; exception; |
| 527 | procedures.- |
| 528 | (2) Except as provided in ss. s. 316.1001(2) and 316.0083, |
| 529 | any person cited for an infraction under this section must sign |
| 530 | and accept a citation indicating a promise to appear. The |
| 531 | officer may indicate on the traffic citation the time and |
| 532 | location of the scheduled hearing and must indicate the |
| 533 | applicable civil penalty established in s. 318.18. |
| 534 | Section 12. Subsection (15) of section 318.18, Florida |
| 535 | Statutes, is amended to read: |
| 536 | 318.18 Amount of penalties.-The penalties required for a |
| 537 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 538 | offense listed in s. 318.17 are as follows: |
| 539 | (15)(a)1. One hundred fifty-eight twenty-five dollars for |
| 540 | a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver |
| 541 | has failed to stop at a traffic signal and when enforced by a |
| 542 | law enforcement officer. Sixty dollars shall be distributed as |
| 543 | provided in s. 318.21, $30 shall be distributed to the General |
| 544 | Revenue Fund, $3 shall be remitted to the Department of Revenue |
| 545 | for deposit into the Brain and Spinal Cord Injury Trust Fund, |
| 546 | and the remaining $65 shall be remitted to the Department of |
| 547 | Revenue for deposit into the Administrative Trust Fund of the |
| 548 | Department of Health. |
| 549 | 2. One hundred and fifty-eight dollars for a violation of |
| 550 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 551 | stop at a traffic signal and when enforced by the department's |
| 552 | traffic infraction enforcement officer. One hundred dollars |
| 553 | shall be remitted to the Department of Revenue for deposit into |
| 554 | the General Revenue Fund, $45 shall be distributed to the county |
| 555 | for any violations occurring in any unincorporated areas of the |
| 556 | county or to the municipality for any violations occurring in |
| 557 | the incorporated boundaries of the municipality in which the |
| 558 | infraction occurred, $10 shall be remitted to the Department of |
| 559 | Revenue for deposit into the Department of Health Administrative |
| 560 | Trust Fund for distribution as provided in s. 395.4036(1), and |
| 561 | $3 shall be remitted to the Department of Revenue for deposit |
| 562 | into the Brain and Spinal Cord Injury Trust Fund. |
| 563 | 3. One hundred and fifty-eight dollars for a violation of |
| 564 | s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 565 | stop at a traffic signal and when enforced by a county's or |
| 566 | municipality's traffic infraction enforcement officer. Seventy |
| 567 | five dollars shall be distributed to the county or municipality |
| 568 | issuing the traffic citation, $70 shall be remitted to the |
| 569 | Department of Revenue for deposit into the General Revenue Fund, |
| 570 | $10 shall be remitted to the Department of Revenue for deposit |
| 571 | into the Department of Health Administrative Trust Fund for |
| 572 | distribution as provided in s. 395.4036(1), and $3 shall be |
| 573 | remitted to the Department of Revenue for deposit into the Brain |
| 574 | and Spinal Cord Injury Trust Fund. |
| 575 | (b) Amounts deposited into the Brain and Spinal Cord |
| 576 | Injury Trust Fund pursuant to this subsection shall be |
| 577 | distributed quarterly to the Miami Project to Cure Paralysis and |
| 578 | shall be used for brain and spinal cord research. |
| 579 | (c) If a person who is cited for a violation of s. |
| 580 | 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic |
| 581 | infraction enforcement officer under s. 316.0083, presents |
| 582 | documentation from the appropriate governmental entity that the |
| 583 | traffic citation was in error, the clerk of court may dismiss |
| 584 | the case. The clerk of court shall not charge for this service. |
| 585 | (d) An individual may not receive a commission or per- |
| 586 | ticket fee from any revenue collected from violations detected |
| 587 | through the use of a traffic infraction detector. A manufacturer |
| 588 | or vendor may not receive a fee or remuneration based upon the |
| 589 | number of violations detected through the use of a traffic |
| 590 | infraction detector. |
| 591 | (e) Funds deposited into the Department of Health |
| 592 | Administrative Trust Fund under this subsection shall be |
| 593 | distributed as provided in s. 395.4036(1). |
| 594 | Section 13. Section 321.50, Florida Statutes, is created |
| 595 | to read: |
| 596 | 321.50 Authorization to use traffic infraction detectors.- |
| 597 | The Department of Highway Safety and Motor Vehicles is |
| 598 | authorized to use traffic infraction detectors to enforce s. |
| 599 | 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on |
| 600 | state roads as defined in chapter 316 which are under the |
| 601 | original jurisdiction of the Department of Transportation, when |
| 602 | permitted by the Department of Transportation, and under s. |
| 603 | 316.0083. |
| 604 | Section 14. Paragraph (d) of subsection (3) of section |
| 605 | 322.27, Florida Statutes, is amended to read: |
| 606 | 322.27 Authority of department to suspend or revoke |
| 607 | license.- |
| 608 | (3) There is established a point system for evaluation of |
| 609 | convictions of violations of motor vehicle laws or ordinances, |
| 610 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 611 | such violations involve the use of motor vehicles, for the |
| 612 | determination of the continuing qualification of any person to |
| 613 | operate a motor vehicle. The department is authorized to suspend |
| 614 | the license of any person upon showing of its records or other |
| 615 | good and sufficient evidence that the licensee has been |
| 616 | convicted of violation of motor vehicle laws or ordinances, or |
| 617 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 618 | more points as determined by the point system. The suspension |
| 619 | shall be for a period of not more than 1 year. |
| 620 | (d) The point system shall have as its basic element a |
| 621 | graduated scale of points assigning relative values to |
| 622 | convictions of the following violations: |
| 623 | 1. Reckless driving, willful and wanton-4 points. |
| 624 | 2. Leaving the scene of a crash resulting in property |
| 625 | damage of more than $50-6 points. |
| 626 | 3. Unlawful speed resulting in a crash-6 points. |
| 627 | 4. Passing a stopped school bus-4 points. |
| 628 | 5. Unlawful speed: |
| 629 | a. Not in excess of 15 miles per hour of lawful or posted |
| 630 | speed-3 points. |
| 631 | b. In excess of 15 miles per hour of lawful or posted |
| 632 | speed-4 points. |
| 633 | 6. A violation of a traffic control signal device as |
| 634 | provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. |
| 635 | However, no points shall be imposed for a violation of s. |
| 636 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 637 | stop at a traffic signal and when enforced by a traffic |
| 638 | infraction enforcement officer. In addition, a violation of s. |
| 639 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 640 | stop at a traffic signal and when enforced by a traffic |
| 641 | infraction enforcement officer may not be used for purposes of |
| 642 | setting motor vehicle insurance rates. |
| 643 | 7. All other moving violations (including parking on a |
| 644 | highway outside the limits of a municipality)-3 points. However, |
| 645 | no points shall be imposed for a violation of s. 316.0741 or s. |
| 646 | 316.2065(12). |
| 647 | 8. Any moving violation covered above, excluding unlawful |
| 648 | speed, resulting in a crash-4 points. |
| 649 | 9. Any conviction under s. 403.413(6)(b)-3 points. |
| 650 | 10. Any conviction under s. 316.0775(2)-4 points. |
| 651 | Section 15. The Department of Highway Safety and Motor |
| 652 | Vehicles or any county or municipality authorized to issue a |
| 653 | notification and impose a penalty under s. 316.0083(1)(b), |
| 654 | Florida Statutes, that collects any such penalty after the |
| 655 | effective date of this act, but prior to notification by the |
| 656 | Department of Revenue of its ability to receive and distribute |
| 657 | the penalties collected, must retain the portion of the penalty |
| 658 | required to be remitted to the Department of Revenue until the |
| 659 | Department of Highway Safety and Motor Vehicles, county, or |
| 660 | municipality is notified by the Department of Revenue that it is |
| 661 | able to receive and distribute the retained funds. The portion |
| 662 | of the penalty required to be remitted to the Department of |
| 663 | Revenue for any penalty collected after such notification is |
| 664 | provided to the Department of Highway Safety and Motor Vehicles, |
| 665 | county, or municipality must be remitted to the Department of |
| 666 | Revenue as provided in s. 316.0083, Florida Statutes. This |
| 667 | section shall take effect upon this act becoming a law. |
| 668 | Section 16. For the 2009-2010 state fiscal year, the sum |
| 669 | of $100,000 in nonrecurring funds from the General Revenue Fund |
| 670 | is appropriated to the Department of Revenue for the purpose of |
| 671 | implementing the provisions of this act. Any unexpended funds |
| 672 | from this appropriation shall be reappropriated for fiscal year |
| 673 | 2010-2011. This section shall take effect upon this act becoming |
| 674 | a law. |
| 675 | Section 17. If any provision of this act or its |
| 676 | application to any person or circumstance is held invalid, the |
| 677 | invalidity does not affect other provisions or applications of |
| 678 | this act which can be given effect without the invalid provision |
| 679 | or application, and to this end the provisions of this act are |
| 680 | severable. |
| 681 | Section 18. Except as otherwise expressly provided in this |
| 682 | act, and except for this section which shall take effect upon |
| 683 | this act becoming a law, this act shall take effect July 1, |
| 684 | 2010. |