1 | Representative Gaetz offered the following: |
2 |
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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24 | Statutes, is repealed.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26 | repealed.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28 | repealed.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30 | repealed.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32 | repealed.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 Section 321.50, Florida Statutes, is repealed.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. |
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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 |