| 1 | A bill to be entitled |
| 2 | An act relating to uniform traffic control; amending s. |
| 3 | 316.003, F.S.; defining the term "school bus traffic |
| 4 | infraction detector"; amending s. 316.008, F.S.; |
| 5 | authorizing school districts to deploy school bus traffic |
| 6 | infraction detectors under certain circumstances; creating |
| 7 | s. 316.0084, F.S.; providing for use of school bus traffic |
| 8 | infraction detectors to enforce specified provisions |
| 9 | requiring a person driving a vehicle to stop when |
| 10 | approaching a school bus displaying a stop signal; |
| 11 | authorizing the Department of Highway Safety and Motor |
| 12 | Vehicles, a county, or a municipality to authorize a |
| 13 | traffic infraction enforcement officer to issue and |
| 14 | enforce a citation for a violation of such provisions; |
| 15 | requiring notification to be sent to the registered owner |
| 16 | of the motor vehicle involved in the violation; providing |
| 17 | requirements for the notification; providing for |
| 18 | collection of penalties; providing for distribution of |
| 19 | penalties collected; providing procedures for issuance, |
| 20 | disposition, and enforcement of citations; providing for |
| 21 | exemptions; providing that certain evidence is admissible |
| 22 | for enforcement; providing penalties for submission of a |
| 23 | false affidavit; providing that the act does not preclude |
| 24 | the issuance of citations by law enforcement officers; |
| 25 | requiring reports from participating school districts to |
| 26 | the department; requiring the department to make reports |
| 27 | to the Governor and Legislature; creating s. 316.07457, |
| 28 | F.S.; requiring school bus traffic infraction detectors to |
| 29 | meet specifications established by the department; |
| 30 | creating s. 316.0777, F.S.; providing for the placement |
| 31 | and installation of detectors on school buses when |
| 32 | permitted by and under the specifications of the |
| 33 | department; amending s. 316.640, F.S.; providing for |
| 34 | authority of traffic enforcement officers appointed by the |
| 35 | state, or a police department or sheriff's department to |
| 36 | enforce specified provisions; amending s. 316.650, F.S.; |
| 37 | requiring a traffic enforcement officer to provide to the |
| 38 | court a replica of the citation data by electronic |
| 39 | transmission under certain conditions; amending s. 318.14, |
| 40 | F.S.; providing an exception from provisions requiring a |
| 41 | person cited for an infraction for failing to stop upon |
| 42 | approaching any school bus which displays a stop signal to |
| 43 | sign and accept a citation indicating a promise to appear; |
| 44 | amending s. 318.18, F.S.; increasing certain fines; |
| 45 | providing for penalties for infractions enforced by a |
| 46 | traffic infraction enforcement officer; providing for |
| 47 | distribution of fines; allowing the clerk of court to |
| 48 | dismiss certain cases upon receiving documentation that |
| 49 | the uniform traffic citation was issued in error; creating |
| 50 | s. 321.51, F.S.; authorizing the Department of Highway |
| 51 | Safety and Motor Vehicles to use school bus traffic |
| 52 | infraction detectors under certain circumstances; amending |
| 53 | s. 322.27, F.S.; providing that no points may be assessed |
| 54 | against the driver's license for infractions enforced by a |
| 55 | traffic infraction enforcement officer; providing that |
| 56 | infractions enforced by a traffic infraction enforcement |
| 57 | officer may not be used for purposes of setting motor |
| 58 | vehicle insurance rates; providing for severability; |
| 59 | providing effective dates. |
| 60 |
|
| 61 | Be It Enacted by the Legislature of the State of Florida: |
| 62 |
|
| 63 | Section 1. Subsection (89) is added to section 316.003, |
| 64 | Florida Statutes, to read: |
| 65 | 316.003 Definitions.-The following words and phrases, when |
| 66 | used in this chapter, shall have the meanings respectively |
| 67 | ascribed to them in this section, except where the context |
| 68 | otherwise requires: |
| 69 | (89) SCHOOL BUS TRAFFIC INFRACTION DETECTOR.-A vehicle |
| 70 | sensor installed to work in conjunction with a school bus and a |
| 71 | camera or cameras synchronized to automatically record two or |
| 72 | more sequenced photographic or electronic images or streaming |
| 73 | video of a motor vehicle at the time the vehicle passes a school |
| 74 | bus in violation of s. 316.172(1)(a) or s. 316.172(1)(b). Any |
| 75 | notification under s. 316.0084(1)(b) or traffic citation issued |
| 76 | by the use of a school bus traffic infraction detector must |
| 77 | include a photograph, video feed, or other recorded image |
| 78 | showing both the license tag of the offending vehicle and the |
| 79 | school bus stop signal being violated. |
| 80 | Section 2. Subsection (9) is added to section 316.008, |
| 81 | Florida Statutes, to read: |
| 82 | 316.008 Powers of local authorities.- |
| 83 | (9) A Florida school district may deploy school bus |
| 84 | traffic infraction detectors on its school buses for enforcing |
| 85 | s. 316.172(1)(a) or s. 316.172(1)(b) when a driver fails to stop |
| 86 | upon approaching any school bus which displays a stop signal. A |
| 87 | school district deploying school bus traffic infraction |
| 88 | detectors will coordinate the issuing of traffic citations with |
| 89 | the Florida Highway Patrol, local sheriff's office, local police |
| 90 | department, local school board police, if applicable, or other |
| 91 | entity having the authority and jurisdiction to enforce the |
| 92 | traffic laws of this state and within the particular school |
| 93 | district as provided in ss. 316.006 and 316.640. |
| 94 | Section 3. Section 316.0084, Florida Statutes, is created |
| 95 | to read: |
| 96 | 316.0084 School Bus Safety Program; administration; |
| 97 | report.- |
| 98 | (1)(a) For purposes of administering this section, the |
| 99 | department, a county, or a municipality may authorize a traffic |
| 100 | infraction enforcement officer under s. 316.640 to issue a |
| 101 | traffic citation for a violation of s. 316.172(1)(a) or s. |
| 102 | 316.172(1)(b). This paragraph does not prohibit a review of |
| 103 | information from a traffic infraction detector by an authorized |
| 104 | employee or agent of the department, a county, or a municipality |
| 105 | before issuance of the traffic citation by the traffic |
| 106 | infraction enforcement officer. This paragraph does not prohibit |
| 107 | the department, a county, or a municipality from issuing |
| 108 | notification as provided in paragraph (b) to the registered |
| 109 | owner of the motor vehicle involved in the violation of s. |
| 110 | 316.172(1)(a) or s. 316.172(1)(b). |
| 111 | (b)1.a. Within 10 days after a violation, notification |
| 112 | shall be sent to the registered owner of the motor vehicle |
| 113 | involved in the violation specifying the remedies available |
| 114 | under s. 318.14 and that the violator must pay the penalty of |
| 115 | $265 to the department, county, or municipality, or furnish an |
| 116 | affidavit in accordance with paragraph (d), within 30 days |
| 117 | following the date of the notification in order to avoid court |
| 118 | fees, costs, and the issuance of a traffic citation. The |
| 119 | notification shall be sent by first-class mail. |
| 120 | b. The notification under this paragraph must inform the |
| 121 | owner that he or she has the right to review the photographic or |
| 122 | electronic images or the streaming video evidence that |
| 123 | constitutes a rebuttable presumption against the owner of the |
| 124 | vehicle. The notice must state the time and place or Internet |
| 125 | location where the evidence may be examined and observed. |
| 126 | 2. Penalty amounts collected by the department, a county, |
| 127 | or a municipality under this section, less the amount retained |
| 128 | by the department, county, or municipality pursuant to |
| 129 | subparagraph 3., shall be remitted to the Department of Revenue |
| 130 | each week by means of electronic funds transfer. In addition to |
| 131 | the payment, summary detail of the penalty amounts remitted |
| 132 | shall be reported to the Department of Revenue. |
| 133 | 3. A penalty amount of $265 shall be assessed for a |
| 134 | violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver |
| 135 | has failed to stop upon approaching any school bus which |
| 136 | displays a stop signal. Of that amount, $170 shall be remitted |
| 137 | to the school district in which the violation occurred, $65 |
| 138 | shall be deposited into the Emergency Medical Services Trust |
| 139 | Fund of the Department of Health to be used as provided in s. |
| 140 | 395.4036, $15 shall be remitted to the department, and $15 shall |
| 141 | be retained by the county or municipality issuing the notice or |
| 142 | citation or retained by the department if the department issued |
| 143 | the notice or citation. |
| 144 | (c)1.a. If payment has not been received within 30 days |
| 145 | after notification under subparagraph (b)1., a traffic citation |
| 146 | shall be issued by mailing the traffic citation by certified |
| 147 | mail to the address of the registered owner of the motor vehicle |
| 148 | involved in the violation. |
| 149 | b. Delivery of the traffic citation constitutes |
| 150 | notification under this paragraph. |
| 151 | c. In the case of joint ownership of a motor vehicle, the |
| 152 | traffic citation shall be mailed to the first name appearing on |
| 153 | the registration, unless the first name appearing on the |
| 154 | registration is a business organization, in which case the |
| 155 | second name appearing on the registration may be used. |
| 156 | d. The traffic citation shall be mailed to the registered |
| 157 | owner of the motor vehicle involved in the violation no later |
| 158 | than 45 days after the date of the violation. |
| 159 | 2. The citation under this paragraph must include a notice |
| 160 | that the owner has the right to review, either in person or |
| 161 | remotely, the photographic or electronic images or the streaming |
| 162 | video evidence that constitutes a rebuttable presumption against |
| 163 | the owner of the vehicle. The notice must state the time and |
| 164 | place or Internet location where the evidence may be examined |
| 165 | and observed. |
| 166 | (d)1. The owner of the motor vehicle involved in the |
| 167 | violation is responsible and liable for paying the uniform |
| 168 | traffic citation issued for a violation of s. 316.172(1)(a) or |
| 169 | s. 316.172(1)(b), unless the owner can establish that: |
| 170 | a. The motor vehicle passed the bus at the direction of a |
| 171 | law enforcement officer; |
| 172 | b. The motor vehicle was, at the time of the violation, in |
| 173 | the care, custody, or control of another person; or |
| 174 | c. A uniform traffic citation was issued by a law |
| 175 | enforcement officer to the driver of the motor vehicle for the |
| 176 | alleged violation of s. 316.172(1)(a) or s. 316.172(1)(b). |
| 177 | 2. In order to establish such facts, the owner of the |
| 178 | motor vehicle shall, within 30 days after the date of issuance |
| 179 | of the traffic citation, furnish to the appropriate governmental |
| 180 | entity an affidavit setting forth detailed information |
| 181 | supporting an exemption as provided in this paragraph. |
| 182 | a. An affidavit supporting an exemption under sub- |
| 183 | subparagraph 1.b. must include the name, address, date of birth, |
| 184 | and, if known, the driver's license number of the person who |
| 185 | leased, rented, or otherwise had care, custody, or control of |
| 186 | the motor vehicle at the time of the alleged violation. If the |
| 187 | vehicle was stolen at the time of the alleged offense, the |
| 188 | affidavit must include the police report indicating that the |
| 189 | vehicle was stolen. |
| 190 | b. If a traffic citation for a violation of s. |
| 191 | 316.172(1)(a) or s. 316.172(1)(b) was issued at the location of |
| 192 | the violation by a law enforcement officer, the affidavit must |
| 193 | include the serial number of the uniform traffic citation. |
| 194 | 3. Upon receipt of an affidavit supporting an exemption |
| 195 | under sub-subparagraph 1.b., the person designated as having |
| 196 | care, custody, and control of the motor vehicle at the time of |
| 197 | the violation may be issued a traffic citation for a violation |
| 198 | of s. 316.172(1)(a) or s. 316.172(1)(b) when the driver failed |
| 199 | to stop upon approaching any school bus which displays a stop |
| 200 | signal. The affidavit is admissible in a proceeding pursuant to |
| 201 | this section for the purpose of providing proof that the person |
| 202 | identified in the affidavit was in actual care, custody, or |
| 203 | control of the motor vehicle. The owner of a leased vehicle for |
| 204 | which a traffic citation is issued for a violation of s. |
| 205 | 316.172(1)(a) or s. 316.172(1)(b) is not responsible for paying |
| 206 | the traffic citation and is not required to submit an affidavit |
| 207 | as specified in this subsection if the motor vehicle involved in |
| 208 | the violation is registered in the name of the lessee of such |
| 209 | motor vehicle. |
| 210 | 4. The submission of a false affidavit is a misdemeanor of |
| 211 | the second degree, punishable as provided in s. 775.082 or s. |
| 212 | 775.083. |
| 213 | (e) The photographic or electronic images or streaming |
| 214 | video attached to or referenced in the traffic citation is |
| 215 | evidence that a violation of s. 316.172(1)(a) or s. |
| 216 | 316.172(1)(b) has occurred and is admissible in any proceeding |
| 217 | to enforce this section and raises a rebuttable presumption that |
| 218 | the motor vehicle named in the report or shown in the |
| 219 | photographic or electronic images or streaming video evidence |
| 220 | was used in violation of s. 316.172(1)(a) or s. 316.172(b). |
| 221 | (2) This section supplements the enforcement of s. |
| 222 | 316.172(1)(a) or s. 316.172(1)(b) and does not prohibit a law |
| 223 | enforcement officer from issuing a traffic citation for a |
| 224 | violation of s. 316.172(1)(a) or s. 316.172(1)(b). |
| 225 | (3)(a) Each school district that deploys a school bus |
| 226 | traffic infraction detector shall submit a report by October 1, |
| 227 | 2013, and annually thereafter, to the department which details |
| 228 | the results of using the school bus traffic infraction detector |
| 229 | and the procedures for enforcement for the preceding state |
| 230 | fiscal year. The information submitted by the counties and |
| 231 | municipalities must include statistical data and information |
| 232 | required by the department to complete the report required under |
| 233 | paragraph (b). |
| 234 | (b) On or before December 31, 2013, and annually |
| 235 | thereafter, the department shall provide a summary report to the |
| 236 | Governor, the President of the Senate, and the Speaker of the |
| 237 | House of Representatives regarding the use and operation of |
| 238 | traffic infraction detectors under this section, along with the |
| 239 | department's recommendations and recommendations for any |
| 240 | necessary legislation. The summary report must include a review |
| 241 | of the information submitted to the department by the counties |
| 242 | and municipalities and must describe the enhancement of the |
| 243 | traffic safety and enforcement programs. |
| 244 | Section 4. Section 316.07457, Florida Statutes, is created |
| 245 | to read: |
| 246 | 316.07457 Implementation.-Any school bus traffic |
| 247 | infraction detector deployed by a school district on one or more |
| 248 | of the buses in its fleet must meet specifications established |
| 249 | by the department and must be tested at regular intervals |
| 250 | according to specifications prescribed by the department. The |
| 251 | department must establish such specifications on or before |
| 252 | December 31, 2011. |
| 253 | Section 5. Section 316.0777, Florida Statutes, is created |
| 254 | to read: |
| 255 | 316.0777 School bus traffic infraction detectors; |
| 256 | placement and installation.-School bus traffic infraction |
| 257 | detectors are allowed on the school buses of school districts |
| 258 | when permitted by the department and under placement and |
| 259 | installation specifications developed by the department. |
| 260 | Section 6. Paragraph (b) of subsection (1) and subsection |
| 261 | (5) of section 316.640, Florida Statutes, are amended to read: |
| 262 | 316.640 Enforcement.-The enforcement of the traffic laws |
| 263 | of this state is vested as follows: |
| 264 | (1) STATE.- |
| 265 | (b)1. The Department of Transportation has authority to |
| 266 | enforce on all the streets and highways of this state all laws |
| 267 | applicable within its authority. |
| 268 | 2.a. The Department of Transportation shall develop |
| 269 | training and qualifications standards for toll enforcement |
| 270 | officers whose sole authority is to enforce the payment of tolls |
| 271 | pursuant to s. 316.1001. Nothing in this subparagraph shall be |
| 272 | construed to permit the carrying of firearms or other weapons, |
| 273 | nor shall a toll enforcement officer have arrest authority. |
| 274 | b. For the purpose of enforcing s. 316.1001, governmental |
| 275 | entities, as defined in s. 334.03, which own or operate a toll |
| 276 | facility may employ independent contractors or designate |
| 277 | employees as toll enforcement officers; however, any such toll |
| 278 | enforcement officer must successfully meet the training and |
| 279 | qualifications standards for toll enforcement officers |
| 280 | established by the Department of Transportation. |
| 281 | 3. For the purpose of enforcing s. 316.0083 or s. |
| 282 | 316.0084, the department may designate employees as traffic |
| 283 | infraction enforcement officers. A traffic infraction |
| 284 | enforcement officer must successfully complete instruction in |
| 285 | traffic enforcement procedures and court presentation through |
| 286 | the Selective Traffic Enforcement Program as approved by the |
| 287 | Division of Criminal Justice Standards and Training of the |
| 288 | Department of Law Enforcement, or through a similar program, but |
| 289 | may not necessarily otherwise meet the uniform minimum standards |
| 290 | established by the Criminal Justice Standards and Training |
| 291 | Commission for law enforcement officers or auxiliary law |
| 292 | enforcement officers under s. 943.13. This subparagraph does not |
| 293 | authorize the carrying of firearms or other weapons by a traffic |
| 294 | infraction enforcement officer and does not authorize a traffic |
| 295 | infraction enforcement officer to make arrests. The department's |
| 296 | traffic infraction enforcement officers must be physically |
| 297 | located in the state. |
| 298 | (5)(a) Any sheriff's department or police department of a |
| 299 | municipality may employ, as a traffic infraction enforcement |
| 300 | officer, any individual who successfully completes instruction |
| 301 | in traffic enforcement procedures and court presentation through |
| 302 | the Selective Traffic Enforcement Program as approved by the |
| 303 | Division of Criminal Justice Standards and Training of the |
| 304 | Department of Law Enforcement, or through a similar program, but |
| 305 | who does not necessarily otherwise meet the uniform minimum |
| 306 | standards established by the Criminal Justice Standards and |
| 307 | Training Commission for law enforcement officers or auxiliary |
| 308 | law enforcement officers under s. 943.13. Any such traffic |
| 309 | infraction enforcement officer who observes the commission of a |
| 310 | traffic infraction or, in the case of a parking infraction, who |
| 311 | observes an illegally parked vehicle may issue a traffic |
| 312 | citation for the infraction when, based upon personal |
| 313 | investigation, he or she has reasonable and probable grounds to |
| 314 | believe that an offense has been committed which constitutes a |
| 315 | noncriminal traffic infraction as defined in s. 318.14. In |
| 316 | addition, any such traffic infraction enforcement officer may |
| 317 | issue a traffic citation under s. 316.0083 or s. 316.0084. For |
| 318 | purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff's |
| 319 | department or police department of a municipality may designate |
| 320 | employees as traffic infraction enforcement officers. The |
| 321 | traffic infraction enforcement officers must be physically |
| 322 | located in the county of the respective sheriff's or police |
| 323 | department. |
| 324 | (b) The traffic infraction enforcement officer shall be |
| 325 | employed in relationship to a selective traffic enforcement |
| 326 | program at a fixed location or as part of a crash investigation |
| 327 | team at the scene of a vehicle crash or in other types of |
| 328 | traffic infraction enforcement under the direction of a fully |
| 329 | qualified law enforcement officer; however, it is not necessary |
| 330 | that the traffic infraction enforcement officer's duties be |
| 331 | performed under the immediate supervision of a fully qualified |
| 332 | law enforcement officer. |
| 333 | (c) This subsection does not permit the carrying of |
| 334 | firearms or other weapons, nor do traffic infraction enforcement |
| 335 | officers have arrest authority other than the authority to issue |
| 336 | a traffic citation as provided in this subsection. |
| 337 | Section 7. Subsection (3) of section 316.650, Florida |
| 338 | Statutes, is amended to read: |
| 339 | 316.650 Traffic citations.- |
| 340 | (3)(a) Except for a traffic citation issued pursuant to s. |
| 341 | 316.1001, or s. 316.0083, or s. 316.0084, each traffic |
| 342 | enforcement officer, upon issuing a traffic citation to an |
| 343 | alleged violator of any provision of the motor vehicle laws of |
| 344 | this state or of any traffic ordinance of any municipality or |
| 345 | town, shall deposit the original traffic citation or, in the |
| 346 | case of a traffic enforcement agency that has an automated |
| 347 | citation issuance system, the chief administrative officer shall |
| 348 | provide by an electronic transmission a replica of the citation |
| 349 | data to a court having jurisdiction over the alleged offense or |
| 350 | with its traffic violations bureau within 5 days after issuance |
| 351 | to the violator. |
| 352 | (b) If a traffic citation is issued pursuant to s. |
| 353 | 316.1001, a traffic enforcement officer may deposit the original |
| 354 | traffic citation or, in the case of a traffic enforcement agency |
| 355 | that has an automated citation system, may provide by an |
| 356 | electronic transmission a replica of the citation data to a |
| 357 | court having jurisdiction over the alleged offense or with its |
| 358 | traffic violations bureau within 45 days after the date of |
| 359 | issuance of the citation to the violator. If the person cited |
| 360 | for the violation of s. 316.1001 makes the election provided by |
| 361 | s. 318.14(12) and pays the $25 fine, or such other amount as |
| 362 | imposed by the governmental entity owning the applicable toll |
| 363 | facility, plus the amount of the unpaid toll that is shown on |
| 364 | the traffic citation directly to the governmental entity that |
| 365 | issued the citation, or on whose behalf the citation was issued, |
| 366 | in accordance with s. 318.14(12), the traffic citation will not |
| 367 | be submitted to the court, the disposition will be reported to |
| 368 | the department by the governmental entity that issued the |
| 369 | citation, or on whose behalf the citation was issued, and no |
| 370 | points will be assessed against the person's driver's license. |
| 371 | (c) If a traffic citation is issued under s. 316.0083 or |
| 372 | s. 316.0084, the traffic infraction enforcement officer shall |
| 373 | provide by electronic transmission a replica of the traffic |
| 374 | citation data to the court having jurisdiction over the alleged |
| 375 | offense or its traffic violations bureau within 5 days after the |
| 376 | date of issuance of the traffic citation to the violator. |
| 377 | Section 8. Subsection (2) of section 318.14, Florida |
| 378 | Statutes, is amended to read: |
| 379 | 318.14 Noncriminal traffic infractions; exception; |
| 380 | procedures.- |
| 381 | (2) Except as provided in ss. 316.1001(2), and 316.0083, |
| 382 | and 316.084, any person cited for a violation requiring a |
| 383 | mandatory hearing listed in s. 318.19 or any other criminal |
| 384 | traffic violation listed in chapter 316 must sign and accept a |
| 385 | citation indicating a promise to appear. The officer may |
| 386 | indicate on the traffic citation the time and location of the |
| 387 | scheduled hearing and must indicate the applicable civil penalty |
| 388 | established in s. 318.18. For all other infractions under this |
| 389 | section, except for infractions under s. 316.1001, the officer |
| 390 | must certify by electronic, electronic facsimile, or written |
| 391 | signature that the citation was delivered to the person cited. |
| 392 | This certification is prima facie evidence that the person cited |
| 393 | was served with the citation. |
| 394 | Section 9. Subsection (5) of section 318.18, Florida |
| 395 | Statutes, is amended to read: |
| 396 | 318.18 Amount of penalties.-The penalties required for a |
| 397 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 398 | offense listed in s. 318.17 are as follows: |
| 399 | (5)(a) Two One hundred dollars for a violation of s. |
| 400 | 316.172(1)(a), failure to stop for a school bus. If, at a |
| 401 | hearing, the alleged offender is found to have committed this |
| 402 | offense, the court shall impose a minimum civil penalty of $200 |
| 403 | $100. In addition to this penalty, for a second or subsequent |
| 404 | offense within a period of 5 years, the department shall suspend |
| 405 | the driver's license of the person for not less than 90 days and |
| 406 | not more than 6 months. |
| 407 | (b) Two hundred dollars for a violation of s. |
| 408 | 316.172(1)(b), passing a school bus on the side that children |
| 409 | enter and exit when the school bus displays a stop signal. If, |
| 410 | at a hearing, the alleged offender is found to have committed |
| 411 | this offense, the court shall impose a minimum civil penalty of |
| 412 | $200. In addition to this penalty, for a second or subsequent |
| 413 | offense within a period of 5 years, the department shall suspend |
| 414 | the driver's license of the person for not less than 180 days |
| 415 | and not more than 1 year. |
| 416 | (c) In addition to the penalty under paragraph (a) or |
| 417 | paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). |
| 418 | If the alleged offender is found to have committed the offense, |
| 419 | the court shall impose the civil penalty under paragraph (a) or |
| 420 | paragraph (b) plus an additional $65. As provided in s. |
| 421 | 316.0084(1)(b)3., the additional $65 collected under this |
| 422 | paragraph shall be remitted to the Department of Revenue for |
| 423 | deposit into the Emergency Medical Services Trust Fund of the |
| 424 | Department of Health to be used as provided in s. 395.4036. |
| 425 | (d) The $265 collected under paragraphs (a), (b), and (c) |
| 426 | shall be distributed as provided in s. 316.0084(1)(b)3. |
| 427 | (e) If a person who is cited for a violation of s. |
| 428 | 316.172(1)(a) or s. 316.172(1)(b), as enforced by a traffic |
| 429 | infraction enforcement officer under s. 316.0084, presents |
| 430 | documentation from the appropriate governmental entity that the |
| 431 | traffic citation was in error, the clerk of court may dismiss |
| 432 | the case. The clerk of court shall not charge for this service. |
| 433 | Section 10. Section 321.51, Florida Statutes, is created |
| 434 | to read: |
| 435 | 321.51 Authorization to use school bus traffic infraction |
| 436 | detectors.-When permitted by the Department of Transportation, |
| 437 | the Department of Highway Safety and Motor Vehicles may, under |
| 438 | s. 316.0084, use images from school bus traffic infraction |
| 439 | detectors to enforce s. 316.172(1)(a) or s. 316.172(1)(b) when a |
| 440 | driver fails to stop upon approaching any school bus which |
| 441 | displays a stop signal on state roads, as defined in chapter |
| 442 | 316, which are under the original jurisdiction of the Department |
| 443 | of Transportation. |
| 444 | Section 11. Paragraph (d) of subsection (3) of section |
| 445 | 322.27, Florida Statutes, is amended to read: |
| 446 | 322.27 Authority of department to suspend or revoke |
| 447 | license.- |
| 448 | (3) There is established a point system for evaluation of |
| 449 | convictions of violations of motor vehicle laws or ordinances, |
| 450 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 451 | such violations involve the use of motor vehicles, for the |
| 452 | determination of the continuing qualification of any person to |
| 453 | operate a motor vehicle. The department is authorized to suspend |
| 454 | the license of any person upon showing of its records or other |
| 455 | good and sufficient evidence that the licensee has been |
| 456 | convicted of violation of motor vehicle laws or ordinances, or |
| 457 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 458 | more points as determined by the point system. The suspension |
| 459 | shall be for a period of not more than 1 year. |
| 460 | (d) The point system shall have as its basic element a |
| 461 | graduated scale of points assigning relative values to |
| 462 | convictions of the following violations: |
| 463 | 1. Reckless driving, willful and wanton-4 points. |
| 464 | 2. Leaving the scene of a crash resulting in property |
| 465 | damage of more than $50-6 points. |
| 466 | 3. Unlawful speed resulting in a crash-6 points. |
| 467 | 4. Passing a stopped school bus-4 points. |
| 468 | 5. Unlawful speed: |
| 469 | a. Not in excess of 15 miles per hour of lawful or posted |
| 470 | speed-3 points. |
| 471 | b. In excess of 15 miles per hour of lawful or posted |
| 472 | speed-4 points. |
| 473 | 6. A violation of a traffic control signal device as |
| 474 | provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. |
| 475 | However, no points shall be imposed for a violation of s. |
| 476 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 477 | stop at a traffic signal and when enforced by a traffic |
| 478 | infraction enforcement officer. In addition, a violation of s. |
| 479 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 480 | stop at a traffic signal and when enforced by a traffic |
| 481 | infraction enforcement officer may not be used for purposes of |
| 482 | setting motor vehicle insurance rates. Furthermore, no points |
| 483 | shall be imposed for a violation of s. 316.172(1)(a) or s. |
| 484 | 316.172(1)(b) when a driver has failed to stop upon approaching |
| 485 | any school bus which displays a stop signal and when enforced by |
| 486 | a traffic infraction enforcement officer. In addition, a |
| 487 | violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver |
| 488 | has failed to stop upon approaching any school bus which |
| 489 | displays a stop signal and when enforced by a traffic infraction |
| 490 | enforcement officer may not be used for purposes of setting |
| 491 | motor vehicle insurance rates. |
| 492 | 7. All other moving violations (including parking on a |
| 493 | highway outside the limits of a municipality)-3 points. However, |
| 494 | no points shall be imposed for a violation of s. 316.0741 or s. |
| 495 | 316.2065(12); and points shall be imposed for a violation of s. |
| 496 | 316.1001 only when imposed by the court after a hearing pursuant |
| 497 | to s. 318.14(5). |
| 498 | 8. Any moving violation covered above, excluding unlawful |
| 499 | speed, resulting in a crash-4 points. |
| 500 | 9. Any conviction under s. 403.413(6)(b)-3 points. |
| 501 | 10. Any conviction under s. 316.0775(2)-4 points. |
| 502 | Section 12. If any provision of this act or its |
| 503 | application to any person or circumstance is held invalid, the |
| 504 | invalidity does not affect other provisions or applications of |
| 505 | this act which can be given effect without the invalid provision |
| 506 | or application, and to this end the provisions of this act are |
| 507 | severable. |
| 508 | Section 13. This act shall take effect July 1, 2011. |