Amendment
Bill No. CS/CS/SB 1150

Amendment No. 012137

CHAMBER ACTION
Senate		House
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1	Representative Gaetz offered the following:
2
3	Amendment (with title amendment)
4	Between lines 3682 and 3683, insert:
5	Section 92.  Subsection (87) of section 316.003, Florida
6	Statutes, is amended to read:
7	316.003  Definitions.-The following words and phrases, when
8	used in this chapter, shall have the meanings respectively
9	ascribed to them in this section, except where the context
10	otherwise requires:
11	(87)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
12	installed to work in conjunction with a traffic control signal
13	and a camera or cameras synchronized to automatically record two
14	or more sequenced photographic or electronic images or streaming
15	video of only the rear of a motor vehicle at the time the
16	vehicle fails to stop behind the stop bar or clearly marked stop
17	line when facing a traffic control signal steady red light. Any
18	notification under s. 316.0083(1)(b) or traffic citation issued
19	by the use of a traffic infraction detector must include a
20	photograph or other recorded image showing both the license tag
21	of the offending vehicle and the traffic control device being
22	violated.
23	Section 93.  Subsection (8) of section 316.008, Florida
24	Statutes, is repealed.
25	Section 94.  Section 316.0083, Florida Statutes, is
26	repealed.
27	Section 95.  Section 316.00831, Florida Statutes, is
28	repealed.
29	Section 96.  Section 316.07456, Florida Statutes, is
30	repealed.
31	Section 97.  Section 316.0776, Florida Statutes, is
32	repealed.
33	Section 98.  Section 321.50, Florida Statutes, is repealed.
34	Section 99.  Paragraph (b) of subsection (1) and paragraph
35	(a) of subsection (5) of section 316.640, Florida Statutes, are
36	amended to read:
37	316.640  Enforcement.-The enforcement of the traffic laws
38	of this state is vested as follows:
39	(1)  STATE.-
40	(b)1.  The Department of Transportation has authority to
41	enforce on all the streets and highways of this state all laws
42	applicable within its authority.
43	2.a.  The Department of Transportation shall develop
44	training and qualifications standards for toll enforcement
45	officers whose sole authority is to enforce the payment of tolls
46	pursuant to s. 316.1001. Nothing in this subparagraph shall be
47	construed to permit the carrying of firearms or other weapons,
48	nor shall a toll enforcement officer have arrest authority.
49	b.  For the purpose of enforcing s. 316.1001, governmental
50	entities, as defined in s. 334.03, which own or operate a toll
51	facility may employ independent contractors or designate
52	employees as toll enforcement officers; however, any such toll
53	enforcement officer must successfully meet the training and
54	qualifications standards for toll enforcement officers
55	established by the Department of Transportation.
56	3.  For the purpose of enforcing s. 316.0083, the
57	department may designate employees as traffic infraction
58	enforcement officers. A traffic infraction enforcement officer
59	must successfully complete instruction in traffic enforcement
60	procedures and court presentation through the Selective Traffic
61	Enforcement Program as approved by the Division of Criminal
62	Justice Standards and Training of the Department of Law
63	Enforcement, or through a similar program, but may not
64	necessarily otherwise meet the uniform minimum standards
65	established by the Criminal Justice Standards and Training
66	Commission for law enforcement officers or auxiliary law
67	enforcement officers under s. 943.13. This subparagraph does not
68	authorize the carrying of firearms or other weapons by a traffic
69	infraction enforcement officer and does not authorize a traffic
70	infraction enforcement officer to make arrests. The department's
71	traffic infraction enforcement officers must be physically
72	located in the state.
73	(5)(a)  Any sheriff's department or police department of a
74	municipality may employ, as a traffic infraction enforcement
75	officer, any individual who successfully completes instruction
76	in traffic enforcement procedures and court presentation through
77	the Selective Traffic Enforcement Program as approved by the
78	Division of Criminal Justice Standards and Training of the
79	Department of Law Enforcement, or through a similar program, but
80	who does not necessarily otherwise meet the uniform minimum
81	standards established by the Criminal Justice Standards and
82	Training Commission for law enforcement officers or auxiliary
83	law enforcement officers under s. 943.13. Any such traffic
84	infraction enforcement officer who observes the commission of a
85	traffic infraction or, in the case of a parking infraction, who
86	observes an illegally parked vehicle may issue a traffic
87	citation for the infraction when, based upon personal
88	investigation, he or she has reasonable and probable grounds to
89	believe that an offense has been committed which constitutes a
90	noncriminal traffic infraction as defined in s. 318.14. In
91	addition, any such traffic infraction enforcement officer may
92	issue a traffic citation under s. 316.0083. For purposes of
93	enforcing s. 316.0083, any sheriff's department or police
94	department of a municipality may designate employees as traffic
95	infraction enforcement officers. The traffic infraction
96	enforcement officers must be physically located in the county of
97	the respective sheriff's or police department.
98	Section 100.  Paragraphs (a) and (c) of subsection (3) of
99	section 316.650, Florida Statutes, are amended to read:
100	316.650  Traffic citations.-
101	(3)(a)  Except for a traffic citation issued pursuant to s.
102	316.1001 or s. 316.0083, each traffic enforcement officer, upon
103	issuing a traffic citation to an alleged violator of any
104	provision of the motor vehicle laws of this state or of any
105	traffic ordinance of any municipality or town, shall deposit the
106	original traffic citation or, in the case of a traffic
107	enforcement agency that has an automated citation issuance
108	system, the chief administrative officer shall provide by an
109	electronic transmission a replica of the citation data to a
110	court having jurisdiction over the alleged offense or with its
111	traffic violations bureau within 5 days after issuance to the
112	violator.
113	(c)  If a traffic citation is issued under s. 316.0083, the
114	traffic infraction enforcement officer shall provide by
115	electronic transmission a replica of the traffic citation data
116	to the court having jurisdiction over the alleged offense or its
117	traffic violations bureau within 5 days after the date of
118	issuance of the traffic citation to the violator.
119	Section 101.  Subsection (2) of section 318.14, Florida
120	Statutes, is amended to read:
121	318.14  Noncriminal traffic infractions; exception;
122	procedures.-
123	(2)  Except as provided in s. ss. 316.1001(2) and 316.0083,
124	any person cited for a violation requiring a mandatory hearing
125	listed in s. 318.19 or any other criminal traffic violation
126	listed in chapter 316 must sign and accept a citation indicating
127	a promise to appear. The officer may indicate on the traffic
128	citation the time and location of the scheduled hearing and must
129	indicate the applicable civil penalty established in s. 318.18.
130	For all other infractions under this section, except for
131	infractions under s. 316.1001, the officer must certify by
132	electronic, electronic facsimile, or written signature that the
133	citation was delivered to the person cited. This certification
134	is prima facie evidence that the person cited was served with
135	the citation.
136	Section 102.  Subsection (15) of section 318.18, Florida
137	Statutes, is amended to read:
138	318.18  Amount of penalties.-The penalties required for a
139	noncriminal disposition pursuant to s. 318.14 or a criminal
140	offense listed in s. 318.17 are as follows:
141	(15)(a)1.  One hundred and fifty-eight dollars for a
142	violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
143	has failed to stop at a traffic signal and when enforced by a
144	law enforcement officer. Sixty dollars shall be distributed as
145	provided in s. 318.21, $30 shall be distributed to the General
146	Revenue Fund, $3 shall be remitted to the Department of Revenue
147	for deposit into the Brain and Spinal Cord Injury Trust Fund,
148	and the remaining $65 shall be remitted to the Department of
149	Revenue for deposit into the Administrative Trust Fund of the
150	Department of Health.
151	2.  One hundred and fifty-eight dollars for a violation of
152	s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
153	stop at a traffic signal and when enforced by the department's
154	traffic infraction enforcement officer. One hundred dollars
155	shall be remitted to the Department of Revenue for deposit into
156	the General Revenue Fund, $45 shall be distributed to the county
157	for any violations occurring in any unincorporated areas of the
158	county or to the municipality for any violations occurring in
159	the incorporated boundaries of the municipality in which the
160	infraction occurred, $10 shall be remitted to the Department of
161	Revenue for deposit into the Department of Health Administrative
162	Trust Fund for distribution as provided in s. 395.4036(1), and
163	$3 shall be remitted to the Department of Revenue for deposit
164	into the Brain and Spinal Cord Injury Trust Fund.
165	3.  One hundred and fifty-eight dollars for a violation of
166	s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
167	stop at a traffic signal and when enforced by a county's or
168	municipality's traffic infraction enforcement officer. Seventy-
169	five dollars shall be distributed to the county or municipality
170	issuing the traffic citation, $70 shall be remitted to the
171	Department of Revenue for deposit into the General Revenue Fund,
172	$10 shall be remitted to the Department of Revenue for deposit
173	into the Department of Health Administrative Trust Fund for
174	distribution as provided in s. 395.4036(1), and $3 shall be
175	remitted to the Department of Revenue for deposit into the Brain
176	and Spinal Cord Injury Trust Fund.
177	(b)  Amounts deposited into the Brain and Spinal Cord
178	Injury Trust Fund pursuant to this subsection shall be
179	distributed quarterly to the Miami Project to Cure Paralysis and
180	shall be used for brain and spinal cord research.
181	(c)  If a person who is cited for a violation of s.
182	316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
183	infraction enforcement officer under s. 316.0083, presents
184	documentation from the appropriate governmental entity that the
185	traffic citation was in error, the clerk of court may dismiss
186	the case. The clerk of court shall not charge for this service.
187	(d)  An individual may not receive a commission or per-
188	ticket fee from any revenue collected from violations detected
189	through the use of a traffic infraction detector. A manufacturer
190	or vendor may not receive a fee or remuneration based upon the
191	number of violations detected through the use of a traffic
192	infraction detector.
193	(e)  Funds deposited into the Department of Health
194	Administrative Trust Fund under this subsection shall be
195	distributed as provided in s. 395.4036(1).
196	Section 103.  Paragraph (d) of subsection (3) of section
197	322.27, Florida Statutes, is amended to read:
198	322.27  Authority of department to suspend or revoke
199	license.-
200	(3)  There is established a point system for evaluation of
201	convictions of violations of motor vehicle laws or ordinances,
202	and violations of applicable provisions of s. 403.413(6)(b) when
203	such violations involve the use of motor vehicles, for the
204	determination of the continuing qualification of any person to
205	operate a motor vehicle. The department is authorized to suspend
206	the license of any person upon showing of its records or other
207	good and sufficient evidence that the licensee has been
208	convicted of violation of motor vehicle laws or ordinances, or
209	applicable provisions of s. 403.413(6)(b), amounting to 12 or
210	more points as determined by the point system. The suspension
211	shall be for a period of not more than 1 year.
212	(d)  The point system shall have as its basic element a
213	graduated scale of points assigning relative values to
214	convictions of the following violations:
215	1.  Reckless driving, willful and wanton-4 points.
216	2.  Leaving the scene of a crash resulting in property
217	damage of more than $50-6 points.
218	3.  Unlawful speed resulting in a crash-6 points.
219	4.  Passing a stopped school bus-4 points.
220	5.  Unlawful speed:
221	a.  Not in excess of 15 miles per hour of lawful or posted
222	speed-3 points.
223	b.  In excess of 15 miles per hour of lawful or posted
224	speed-4 points.
225	6.  A violation of a traffic control signal device as
226	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
227	However, no points shall be imposed for a violation of s.
228	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
229	stop at a traffic signal and when enforced by a traffic
230	infraction enforcement officer. In addition, a violation of s.
231	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
232	stop at a traffic signal and when enforced by a traffic
233	infraction enforcement officer may not be used for purposes of
234	setting motor vehicle insurance rates.
235	7.  All other moving violations (including parking on a
236	highway outside the limits of a municipality)-3 points. However,
237	no points shall be imposed for a violation of s. 316.0741 or s.
238	316.2065(12); and points shall be imposed for a violation of s.
239	316.1001 only when imposed by the court after a hearing pursuant
240	to s. 318.14(5).
241	8.  Any moving violation covered above, excluding unlawful
242	speed, resulting in a crash-4 points.
243	9.  Any conviction under s. 403.413(6)(b)-3 points.
244	10.  Any conviction under s. 316.0775(2)-4 points.
245
246
247
248	-----------------------------------------------------
249	T I T L E  A M E N D M E N T
250	Remove line 353 and insert:
251	maintain a list of approved alarm systems; amending s.
252	316.003, F.S.; revising the definition of "traffic
253	infraction detector" to remove requirements for issuance
254	of notifications and citations; repealing ss. 316.008(8),
255	316.0083, 316.00831, and 321.50, F.S., relating to the
256	installation and use of traffic infraction detectors to
257	enforce specified provisions when a driver fails to stop
258	at a traffic signal; removing provisions that authorize
259	the Department of Highway Safety and Motor Vehicles, a
260	county, or a municipality to use such detectors; repealing
261	s. 316.07456, F.S., relating to transitional
262	implementation of such detectors; repealing s. 316.0776,
263	F.S., relating to placement and installation of traffic
264	infraction detectors; amending ss. 316.640, 316.650,
265	318.14, 318.18, and 322.27, F.S., relating to enforcement
266	by such detectors, procedures for disposition of
267	citations, penalties, and distribution of proceeds;
268	conforming provisions to changes made by the act;
269	providing

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