HB 4087

1	A bill to be entitled
2	An act relating to traffic infraction detectors; amending
3	s. 316.003, F.S.; revising the definition of "traffic
4	infraction detector" to remove requirements for issuance
5	of notifications and citations; repealing ss. 316.008(8),
6	316.0083, 316.00831, and 321.50, F.S., relating to the
7	installation and use of traffic infraction detectors to
8	enforce specified provisions when a driver fails to stop
9	at a traffic signal; removing provisions that authorize
10	the Department of Highway Safety and Motor Vehicles, a
11	county, or a municipality to use such detectors; repealing
12	s. 316.07456, F.S., relating to transitional
13	implementation of such detectors; repealing s. 316.0776,
14	F.S., relating to placement and installation of traffic
15	infraction detectors; amending ss. 316.640, 316.650,
16	318.14, 318.18, and 322.27, F.S., relating to enforcement
17	by such detectors, procedures for disposition of
18	citations, penalties, and distribution of proceeds;
19	conforming provisions to changes made by the act;
20	providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (87) of section 316.003, Florida
25	Statutes, is amended to read:
26	316.003  Definitions.-The following words and phrases, when
27	used in this chapter, shall have the meanings respectively
28	ascribed to them in this section, except where the context
29	otherwise requires:
30	(87)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
31	installed to work in conjunction with a traffic control signal
32	and a camera or cameras synchronized to automatically record two
33	or more sequenced photographic or electronic images or streaming
34	video of only the rear of a motor vehicle at the time the
35	vehicle fails to stop behind the stop bar or clearly marked stop
36	line when facing a traffic control signal steady red light. Any
37	notification under s. 316.0083(1)(b) or traffic citation issued
38	by the use of a traffic infraction detector must include a
39	photograph or other recorded image showing both the license tag
40	of the offending vehicle and the traffic control device being
41	violated.
42	Section 2.  Subsection (8) of section 316.008, Florida
43	Statutes, is repealed.
44	Section 3.  Section 316.0083, Florida Statutes, is
45	repealed.
46	Section 4.  Section 316.00831, Florida Statutes, is
47	repealed.
48	Section 5.  Section 316.07456, Florida Statutes, is
49	repealed.
50	Section 6.  Section 316.0776, Florida Statutes, is
51	repealed.
52	Section 7.  Section 321.50, Florida Statutes, is repealed.
53	Section 8.  Paragraph (b) of subsection (1) and paragraph
54	(a) of subsection (5) of section 316.640, Florida Statutes, are
55	amended to read:
56	316.640  Enforcement.-The enforcement of the traffic laws
57	of this state is vested as follows:
58	(1)  STATE.-
59	(b)1.  The Department of Transportation has authority to
60	enforce on all the streets and highways of this state all laws
61	applicable within its authority.
62	2.a.  The Department of Transportation shall develop
63	training and qualifications standards for toll enforcement
64	officers whose sole authority is to enforce the payment of tolls
65	pursuant to s. 316.1001. Nothing in this subparagraph shall be
66	construed to permit the carrying of firearms or other weapons,
67	nor shall a toll enforcement officer have arrest authority.
68	b.  For the purpose of enforcing s. 316.1001, governmental
69	entities, as defined in s. 334.03, which own or operate a toll
70	facility may employ independent contractors or designate
71	employees as toll enforcement officers; however, any such toll
72	enforcement officer must successfully meet the training and
73	qualifications standards for toll enforcement officers
74	established by the Department of Transportation.
75	3.  For the purpose of enforcing s. 316.0083, the
76	department may designate employees as traffic infraction
77	enforcement officers. A traffic infraction enforcement officer
78	must successfully complete instruction in traffic enforcement
79	procedures and court presentation through the Selective Traffic
80	Enforcement Program as approved by the Division of Criminal
81	Justice Standards and Training of the Department of Law
82	Enforcement, or through a similar program, but may not
83	necessarily otherwise meet the uniform minimum standards
84	established by the Criminal Justice Standards and Training
85	Commission for law enforcement officers or auxiliary law
86	enforcement officers under s. 943.13. This subparagraph does not
87	authorize the carrying of firearms or other weapons by a traffic
88	infraction enforcement officer and does not authorize a traffic
89	infraction enforcement officer to make arrests. The department's
90	traffic infraction enforcement officers must be physically
91	located in the state.
92	(5)(a)  Any sheriff's department or police department of a
93	municipality may employ, as a traffic infraction enforcement
94	officer, any individual who successfully completes instruction
95	in traffic enforcement procedures and court presentation through
96	the Selective Traffic Enforcement Program as approved by the
97	Division of Criminal Justice Standards and Training of the
98	Department of Law Enforcement, or through a similar program, but
99	who does not necessarily otherwise meet the uniform minimum
100	standards established by the Criminal Justice Standards and
101	Training Commission for law enforcement officers or auxiliary
102	law enforcement officers under s. 943.13. Any such traffic
103	infraction enforcement officer who observes the commission of a
104	traffic infraction or, in the case of a parking infraction, who
105	observes an illegally parked vehicle may issue a traffic
106	citation for the infraction when, based upon personal
107	investigation, he or she has reasonable and probable grounds to
108	believe that an offense has been committed which constitutes a
109	noncriminal traffic infraction as defined in s. 318.14. In
110	addition, any such traffic infraction enforcement officer may
111	issue a traffic citation under s. 316.0083. For purposes of
112	enforcing s. 316.0083, any sheriff's department or police
113	department of a municipality may designate employees as traffic
114	infraction enforcement officers. The traffic infraction
115	enforcement officers must be physically located in the county of
116	the respective sheriff's or police department.
117	Section 9.  Paragraphs (a) and (c) of subsection (3) of
118	section 316.650, Florida Statutes, are amended to read:
119	316.650  Traffic citations.-
120	(3)(a)  Except for a traffic citation issued pursuant to s.
121	316.1001 or s. 316.0083, each traffic enforcement officer, upon
122	issuing a traffic citation to an alleged violator of any
123	provision of the motor vehicle laws of this state or of any
124	traffic ordinance of any municipality or town, shall deposit the
125	original traffic citation or, in the case of a traffic
126	enforcement agency that has an automated citation issuance
127	system, the chief administrative officer shall provide by an
128	electronic transmission a replica of the citation data to a
129	court having jurisdiction over the alleged offense or with its
130	traffic violations bureau within 5 days after issuance to the
131	violator.
132	(c)  If a traffic citation is issued under s. 316.0083, the
133	traffic infraction enforcement officer shall provide by
134	electronic transmission a replica of the traffic citation data
135	to the court having jurisdiction over the alleged offense or its
136	traffic violations bureau within 5 days after the date of
137	issuance of the traffic citation to the violator.
138	Section 10.  Subsection (2) of section 318.14, Florida
139	Statutes, is amended to read:
140	318.14  Noncriminal traffic infractions; exception;
141	procedures.-
142	(2)  Except as provided in s. ss. 316.1001(2) and 316.0083,
143	any person cited for a violation requiring a mandatory hearing
144	listed in s. 318.19 or any other criminal traffic violation
145	listed in chapter 316 must sign and accept a citation indicating
146	a promise to appear. The officer may indicate on the traffic
147	citation the time and location of the scheduled hearing and must
148	indicate the applicable civil penalty established in s. 318.18.
149	For all other infractions under this section, except for
150	infractions under s. 316.1001, the officer must certify by
151	electronic, electronic facsimile, or written signature that the
152	citation was delivered to the person cited. This certification
153	is prima facie evidence that the person cited was served with
154	the citation.
155	Section 11.  Subsection (15) of section 318.18, Florida
156	Statutes, is amended to read:
157	318.18  Amount of penalties.-The penalties required for a
158	noncriminal disposition pursuant to s. 318.14 or a criminal
159	offense listed in s. 318.17 are as follows:
160	(15)(a)1.  One hundred and fifty-eight dollars for a
161	violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
162	has failed to stop at a traffic signal and when enforced by a
163	law enforcement officer. Sixty dollars shall be distributed as
164	provided in s. 318.21, $30 shall be distributed to the General
165	Revenue Fund, $3 shall be remitted to the Department of Revenue
166	for deposit into the Brain and Spinal Cord Injury Trust Fund,
167	and the remaining $65 shall be remitted to the Department of
168	Revenue for deposit into the Administrative Trust Fund of the
169	Department of Health.
170	2.  One hundred and fifty-eight dollars for a violation of
171	s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
172	stop at a traffic signal and when enforced by the department's
173	traffic infraction enforcement officer. One hundred dollars
174	shall be remitted to the Department of Revenue for deposit into
175	the General Revenue Fund, $45 shall be distributed to the county
176	for any violations occurring in any unincorporated areas of the
177	county or to the municipality for any violations occurring in
178	the incorporated boundaries of the municipality in which the
179	infraction occurred, $10 shall be remitted to the Department of
180	Revenue for deposit into the Department of Health Administrative
181	Trust Fund for distribution as provided in s. 395.4036(1), and
182	$3 shall be remitted to the Department of Revenue for deposit
183	into the Brain and Spinal Cord Injury Trust Fund.
184	3.  One hundred and fifty-eight dollars for a violation of
185	s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
186	stop at a traffic signal and when enforced by a county's or
187	municipality's traffic infraction enforcement officer. Seventy-
188	five dollars shall be distributed to the county or municipality
189	issuing the traffic citation, $70 shall be remitted to the
190	Department of Revenue for deposit into the General Revenue Fund,
191	$10 shall be remitted to the Department of Revenue for deposit
192	into the Department of Health Administrative Trust Fund for
193	distribution as provided in s. 395.4036(1), and $3 shall be
194	remitted to the Department of Revenue for deposit into the Brain
195	and Spinal Cord Injury Trust Fund.
196	(b)  Amounts deposited into the Brain and Spinal Cord
197	Injury Trust Fund pursuant to this subsection shall be
198	distributed quarterly to the Miami Project to Cure Paralysis and
199	shall be used for brain and spinal cord research.
200	(c)  If a person who is cited for a violation of s.
201	316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
202	infraction enforcement officer under s. 316.0083, presents
203	documentation from the appropriate governmental entity that the
204	traffic citation was in error, the clerk of court may dismiss
205	the case. The clerk of court shall not charge for this service.
206	(d)  An individual may not receive a commission or per-
207	ticket fee from any revenue collected from violations detected
208	through the use of a traffic infraction detector. A manufacturer
209	or vendor may not receive a fee or remuneration based upon the
210	number of violations detected through the use of a traffic
211	infraction detector.
212	(e)  Funds deposited into the Department of Health
213	Administrative Trust Fund under this subsection shall be
214	distributed as provided in s. 395.4036(1).
215	Section 12.  Paragraph (d) of subsection (3) of section
216	322.27, Florida Statutes, is amended to read:
217	322.27  Authority of department to suspend or revoke
218	license.-
219	(3)  There is established a point system for evaluation of
220	convictions of violations of motor vehicle laws or ordinances,
221	and violations of applicable provisions of s. 403.413(6)(b) when
222	such violations involve the use of motor vehicles, for the
223	determination of the continuing qualification of any person to
224	operate a motor vehicle. The department is authorized to suspend
225	the license of any person upon showing of its records or other
226	good and sufficient evidence that the licensee has been
227	convicted of violation of motor vehicle laws or ordinances, or
228	applicable provisions of s. 403.413(6)(b), amounting to 12 or
229	more points as determined by the point system. The suspension
230	shall be for a period of not more than 1 year.
231	(d)  The point system shall have as its basic element a
232	graduated scale of points assigning relative values to
233	convictions of the following violations:
234	1.  Reckless driving, willful and wanton-4 points.
235	2.  Leaving the scene of a crash resulting in property
236	damage of more than $50-6 points.
237	3.  Unlawful speed resulting in a crash-6 points.
238	4.  Passing a stopped school bus-4 points.
239	5.  Unlawful speed:
240	a.  Not in excess of 15 miles per hour of lawful or posted
241	speed-3 points.
242	b.  In excess of 15 miles per hour of lawful or posted
243	speed-4 points.
244	6.  A violation of a traffic control signal device as
245	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
246	However, no points shall be imposed for a violation of s.
247	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
248	stop at a traffic signal and when enforced by a traffic
249	infraction enforcement officer. In addition, a violation of s.
250	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
251	stop at a traffic signal and when enforced by a traffic
252	infraction enforcement officer may not be used for purposes of
253	setting motor vehicle insurance rates.
254	7.  All other moving violations (including parking on a
255	highway outside the limits of a municipality)-3 points. However,
256	no points shall be imposed for a violation of s. 316.0741 or s.
257	316.2065(12); and points shall be imposed for a violation of s.
258	316.1001 only when imposed by the court after a hearing pursuant
259	to s. 318.14(5).
260	8.  Any moving violation covered above, excluding unlawful
261	speed, resulting in a crash-4 points.
262	9.  Any conviction under s. 403.413(6)(b)-3 points.
263	10.  Any conviction under s. 316.0775(2)-4 points.
264	Section 13.  This act shall take effect July 1, 2011.

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