Florida Senate - 2012                              CS for SB 250
       
       
       
       By the Committee on Transportation; and Senator Braynon
       
       
       
       
       596-03078-12                                           2012250c1
    1                        A bill to be entitled                      
    2         An act relating to uniform traffic control; amending
    3         s. 316.003, F.S.; defining the term “school bus
    4         traffic infraction detector”; amending s. 316.008,
    5         F.S.; authorizing school districts to deploy school
    6         bus traffic infraction detectors under certain
    7         circumstances; creating s. 316.0084, F.S.; providing
    8         for use of school bus traffic infraction detectors to
    9         enforce specified provisions requiring a person
   10         driving a vehicle to stop when approaching a school
   11         bus displaying a stop signal; authorizing the
   12         Department of Highway Safety and Motor Vehicles, a
   13         county, or a municipality to authorize a traffic
   14         infraction enforcement officer to issue and enforce a
   15         citation for a violation of such provisions; requiring
   16         notification to be sent to the registered owner of the
   17         motor vehicle involved in the violation; providing
   18         requirements for the notification; providing for
   19         collection of penalties; providing for distribution of
   20         penalties collected; providing procedures for
   21         issuance, disposition, and enforcement of citations;
   22         providing for exemptions; providing that certain
   23         evidence is admissible for enforcement; providing
   24         penalties for submission of a false affidavit;
   25         providing that the act does not preclude the issuance
   26         of citations by law enforcement officers; requiring
   27         reports from participating school districts to the
   28         department; requiring the department to make reports
   29         to the Governor and Legislature; creating s.
   30         316.07457, F.S.; requiring school bus traffic
   31         infraction detectors to meet specifications
   32         established by the department; creating s. 316.0777,
   33         F.S.; providing for the placement and installation of
   34         detectors on school buses when permitted by and under
   35         the specifications of the department; amending s.
   36         316.640, F.S.; providing for authority of traffic
   37         enforcement officers appointed by the state or a
   38         police department or sheriff’s department to enforce
   39         specified provisions; amending s. 316.650, F.S.;
   40         requiring a traffic enforcement officer to provide to
   41         the court a replica of the citation data by electronic
   42         transmission under certain conditions; amending s.
   43         318.14, F.S.; providing an exception from provisions
   44         requiring a person cited for an infraction for failing
   45         to stop upon approaching any school bus that displays
   46         a stop signal to sign and accept a citation indicating
   47         a promise to appear; amending s. 318.18, F.S.;
   48         increasing certain fines; providing for penalties for
   49         infractions enforced by a traffic infraction
   50         enforcement officer; providing for distribution of
   51         fines; allowing the clerk of court to dismiss certain
   52         cases upon receiving documentation that the uniform
   53         traffic citation was issued in error; creating s.
   54         321.51, F.S.; authorizing the Department of Highway
   55         Safety and Motor Vehicles to use school bus traffic
   56         infraction detectors under certain circumstances;
   57         amending s. 322.27, F.S.; providing that no points may
   58         be assessed against the driver’s license for
   59         infractions enforced by a traffic infraction
   60         enforcement officer; providing that infractions
   61         enforced by a traffic infraction enforcement officer
   62         may not be used for purposes of setting motor vehicle
   63         insurance rates; providing for severability; providing
   64         an effective date.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Subsection (89) is added to section 316.003,
   69  Florida Statutes, to read:
   70         316.003 Definitions.—The following words and phrases, when
   71  used in this chapter, shall have the meanings respectively
   72  ascribed to them in this section, except where the context
   73  otherwise requires:
   74         (89) SCHOOL BUS TRAFFIC INFRACTION DETECTOR.—A vehicle
   75  sensor installed to work in conjunction with a school bus and a
   76  camera or cameras synchronized to automatically record two or
   77  more sequenced photographic or electronic images or streaming
   78  video of a motor vehicle at the time the vehicle passes a school
   79  bus in violation of s. 316.172(1)(a) or (b). Any notification
   80  under s. 316.0084(1)(b) or traffic citation issued by the use of
   81  a school bus traffic infraction detector must include a
   82  photograph, video feed, or other recorded image showing both the
   83  license tag of the offending vehicle and the school bus stop
   84  signal being violated.
   85         Section 2. Subsection (9) is added to section 316.008,
   86  Florida Statutes, to read:
   87         316.008 Powers of local authorities.—
   88         (9) A school district may deploy school bus traffic
   89  infraction detectors on its school buses for purposes of
   90  enforcing s. 316.172(1)(a) or (b) when a driver fails to stop
   91  upon approaching any school bus that displays a stop signal. A
   92  school district deploying school bus traffic infraction
   93  detectors must coordinate the issuing of traffic citations with
   94  the Florida Highway Patrol, the local sheriff’s office, the
   95  local police department, the local school board, if applicable,
   96  or other entity having the authority and jurisdiction to enforce
   97  the traffic laws of this state and within the particular school
   98  district as provided in ss. 316.006 and 316.640.
   99         Section 3. Section 316.0084, Florida Statutes, is created
  100  to read:
  101         316.0084 School Bus Safety Program; administration;
  102  report.—
  103         (1)(a) For purposes of administering this section, the
  104  department, a county, or a municipality may authorize a traffic
  105  infraction enforcement officer under s. 316.640 to issue a
  106  traffic citation for a violation of s. 316.172(1)(a) or (b).
  107  This paragraph does not prohibit a review of information from a
  108  traffic infraction detector by an authorized employee or agent
  109  of the department, a county, or a municipality before issuance
  110  of the traffic citation by the traffic infraction enforcement
  111  officer. This paragraph does not prohibit the department, a
  112  county, or a municipality from issuing notification as provided
  113  in paragraph (b) to the registered owner of the motor vehicle
  114  involved in the violation of s. 316.172(1)(a) or (b).
  115         (b)1.a. Within 10 days after a violation, notification
  116  shall be sent to the registered owner of the motor vehicle
  117  involved in the violation specifying the remedies available
  118  under s. 318.14 and that the violator must pay the penalty of
  119  $265 to the department, county, or municipality, or furnish an
  120  affidavit in accordance with paragraph (d), within 30 days
  121  following the date of the notification in order to avoid court
  122  fees, costs, and the issuance of a traffic citation. The
  123  notification shall be sent by first-class mail.
  124         b. The notification under this paragraph must inform the
  125  owner that he or she has the right to review the photographic or
  126  electronic images or the streaming video evidence that
  127  constitutes a rebuttable presumption against the owner of the
  128  vehicle. The notice must state the time and place or Internet
  129  location where the evidence may be examined and observed.
  130         2. Penalty amounts collected by the department, a county,
  131  or a municipality under this section, less the amount retained
  132  by the department, county, or municipality pursuant to
  133  subparagraph 3., shall be remitted to the Department of Revenue
  134  each week by means of electronic funds transfer. In addition to
  135  the payment, summary detail of the penalty amounts remitted
  136  shall be reported to the Department of Revenue.
  137         3. A penalty amount of $265 shall be assessed for a
  138  violation of s. 316.172(1)(a) or (b) when a driver has failed to
  139  stop upon approaching any school bus that displays a stop
  140  signal. Of that amount, $15 shall be retained by the county or
  141  municipality issuing the notice or citation or retained by the
  142  department if the department issued the notice or citation, and
  143  $250 shall be remitted to the Department of Revenue and
  144  disbursed as follows: $170 shall be remitted to the school
  145  district in which the violation occurred; $65 shall be deposited
  146  into the Emergency Medical Services Trust Fund of the Department
  147  of Health to be used as provided in s. 395.4036; and $15 shall
  148  be deposited into the department’s Operating Trust Fund.
  149         (c)1.a. If payment has not been received within 30 days
  150  after notification under subparagraph (b)1., a traffic citation
  151  shall be issued by mailing the traffic citation by certified
  152  mail to the address of the registered owner of the motor vehicle
  153  involved in the violation.
  154         b. Delivery of the traffic citation constitutes
  155  notification under this paragraph.
  156         c. In the case of joint ownership of a motor vehicle, the
  157  traffic citation shall be mailed to the first name appearing on
  158  the registration, unless the first name appearing on the
  159  registration is a business organization, in which case the
  160  second name appearing on the registration may be used.
  161         d. The traffic citation shall be mailed to the registered
  162  owner of the motor vehicle involved in the violation no later
  163  than 45 days after the date of the violation.
  164         2. The citation under this paragraph must include a notice
  165  that the owner has the right to review, in person or remotely,
  166  the photographic or electronic images or the streaming video
  167  evidence that constitutes a rebuttable presumption against the
  168  owner of the vehicle. The notice must state the time and place
  169  or Internet location where the evidence may be examined and
  170  observed.
  171         (d)1. The owner of the motor vehicle involved in the
  172  violation is responsible and liable for paying the uniform
  173  traffic citation issued for a violation of s. 316.172(1)(a) or
  174  (b), unless the owner can establish that:
  175         a. The motor vehicle passed the bus at the direction of a
  176  law enforcement officer;
  177         b. The motor vehicle was, at the time of the violation, in
  178  the care, custody, or control of another person; or
  179         c. A uniform traffic citation was issued by a law
  180  enforcement officer to the driver of the motor vehicle for the
  181  alleged violation of s. 316.172(1)(a) or (b).
  182         2. In order to establish such facts, the owner of the motor
  183  vehicle shall, within 30 days after the date of issuance of the
  184  traffic citation, furnish to the appropriate governmental entity
  185  an affidavit setting forth detailed information supporting an
  186  exemption as provided in this paragraph.
  187         a. An affidavit supporting an exemption under sub
  188  subparagraph 1.b. must include the name, address, date of birth,
  189  and, if known, the driver’s license number of the person who
  190  leased, rented, or otherwise had care, custody, or control of
  191  the motor vehicle at the time of the alleged violation. If the
  192  vehicle was stolen at the time of the alleged offense, the
  193  affidavit must include the police report indicating that the
  194  vehicle was stolen.
  195         b. If a traffic citation for a violation of s.
  196  316.172(1)(a) or (b) was issued at the location of the violation
  197  by a law enforcement officer, the affidavit must include the
  198  serial number of the uniform traffic citation.
  199         3. Upon receipt of an affidavit supporting an exemption
  200  under sub-subparagraph 1.b., the person designated as having
  201  care, custody, and control of the motor vehicle at the time of
  202  the violation may be issued a traffic citation for a violation
  203  of s. 316.172(1)(a) or (b) when the driver failed to stop upon
  204  approaching any school bus that displays a stop signal. The
  205  affidavit is admissible in a proceeding pursuant to this section
  206  for the purpose of providing proof that the person identified in
  207  the affidavit was in actual care, custody, or control of the
  208  motor vehicle. The owner of a leased vehicle for which a traffic
  209  citation is issued for a violation of s. 316.172(1)(a) or (b) is
  210  not responsible for paying the traffic citation and is not
  211  required to submit an affidavit as specified in this subsection
  212  if the motor vehicle involved in the violation is registered in
  213  the name of the lessee of such motor vehicle.
  214         4. The submission of a false affidavit is a misdemeanor of
  215  the second degree, punishable as provided in s. 775.082 or s.
  216  775.083.
  217         (e) The photographic or electronic images or streaming
  218  video attached to or referenced in the traffic citation is
  219  evidence that a violation of s. 316.172(1)(a) or (b) has
  220  occurred and is admissible in any proceeding to enforce this
  221  section and raises a rebuttable presumption that the motor
  222  vehicle named in the report or shown in the photographic or
  223  electronic images or streaming video evidence was used in
  224  violation of s. 316.172(1)(a) or (b).
  225         (2) This section supplements the enforcement of s.
  226  316.172(1)(a) and (b) and does not prohibit a law enforcement
  227  officer from issuing a traffic citation for a violation of s.
  228  316.172(1)(a) or (b).
  229         (3)(a) Each school district that deploys a school bus
  230  traffic infraction detector shall submit a report by October 1,
  231  2014, and annually thereafter, to the department which details
  232  the results of using the school bus traffic infraction detector
  233  and the procedures for enforcement for the preceding state
  234  fiscal year. The information submitted by counties and
  235  municipalities must include statistical data and information
  236  required by the department to complete the report required under
  237  paragraph (b).
  238         (b) On or before December 31, 2014, and annually
  239  thereafter, the department shall provide a summary report to the
  240  Governor, the President of the Senate, and the Speaker of the
  241  House of Representatives regarding the use and operation of
  242  traffic infraction detectors under this section, along with the
  243  department’s recommendations and recommendations for any
  244  necessary legislation. The summary report must include a review
  245  of the information submitted to the department by counties and
  246  municipalities and must describe the enhancement of the traffic
  247  safety and enforcement programs.
  248         Section 4. Section 316.07457, Florida Statutes, is created
  249  to read:
  250         316.07457 Implementation.—Any school bus traffic infraction
  251  detector deployed by a school district on one or more of the
  252  buses in its fleet must meet specifications established by the
  253  department and must be tested at regular intervals according to
  254  specifications prescribed by the department. The department
  255  shall establish such specifications by December 31, 2012.
  256         Section 5. Section 316.0777, Florida Statutes, is created
  257  to read:
  258         316.0777 School bus traffic infraction detectors; placement
  259  and installation.—School bus traffic infraction detectors are
  260  allowed on the school buses of school districts when permitted
  261  by the department and under placement and installation
  262  specifications developed by the department.
  263         Section 6. Paragraph (b) of subsection (1) and subsection
  264  (5) of section 316.640, Florida Statutes, are amended to read:
  265         316.640 Enforcement.—The enforcement of the traffic laws of
  266  this state is vested as follows:
  267         (1) STATE.—
  268         (b)1. The Department of Transportation has authority to
  269  enforce on all the streets and highways of this state all laws
  270  applicable within its authority.
  271         2.a. The Department of Transportation shall develop
  272  training and qualifications standards for toll enforcement
  273  officers whose sole authority is to enforce the payment of tolls
  274  pursuant to s. 316.1001. Nothing in This subparagraph does not
  275  authorize a toll enforcement officer to carry a firearm shall be
  276  construed to permit the carrying of firearms or other weapons
  277  and does not authorize, nor shall a toll enforcement officer to
  278  make arrests have arrest authority.
  279         b. For the purpose of enforcing s. 316.1001, governmental
  280  entities, as defined in s. 334.03, which own or operate a toll
  281  facility may employ independent contractors or designate
  282  employees as toll enforcement officers; however, any such toll
  283  enforcement officer must successfully meet the training and
  284  qualifications standards for toll enforcement officers
  285  established by the Department of Transportation.
  286         3. For the purpose of enforcing s. 316.0083 or s. 316.0084,
  287  the department may designate employees as traffic infraction
  288  enforcement officers. A traffic infraction enforcement officer
  289  must successfully complete instruction in traffic enforcement
  290  procedures and court presentation through the Selective Traffic
  291  Enforcement Program as approved by the Division of Criminal
  292  Justice Standards and Training of the Department of Law
  293  Enforcement, or through a similar program, but may not
  294  necessarily otherwise meet the uniform minimum standards
  295  established by the Criminal Justice Standards and Training
  296  Commission for law enforcement officers or auxiliary law
  297  enforcement officers under s. 943.13. This subparagraph does not
  298  authorize the carrying of firearms or other weapons by a traffic
  299  infraction enforcement officer and does not authorize a traffic
  300  infraction enforcement officer to make arrests. The department’s
  301  traffic infraction enforcement officers must be physically
  302  located in the state.
  303         (5)(a) Any sheriff’s department or police department of a
  304  municipality may employ, as a traffic infraction enforcement
  305  officer, any individual who successfully completes instruction
  306  in traffic enforcement procedures and court presentation through
  307  the Selective Traffic Enforcement Program as approved by the
  308  Division of Criminal Justice Standards and Training of the
  309  Department of Law Enforcement, or through a similar program, but
  310  who does not necessarily otherwise meet the uniform minimum
  311  standards established by the Criminal Justice Standards and
  312  Training Commission for law enforcement officers or auxiliary
  313  law enforcement officers under s. 943.13. Any such traffic
  314  infraction enforcement officer who observes the commission of a
  315  traffic infraction or, in the case of a parking infraction, who
  316  observes an illegally parked vehicle may issue a traffic
  317  citation for the infraction when, based upon personal
  318  investigation, he or she has reasonable and probable grounds to
  319  believe that an offense has been committed which constitutes a
  320  noncriminal traffic infraction as defined in s. 318.14. In
  321  addition, any such traffic infraction enforcement officer may
  322  issue a traffic citation under s. 316.0083 or s. 316.0084. For
  323  purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff’s
  324  department or police department of a municipality may designate
  325  employees as traffic infraction enforcement officers. The
  326  traffic infraction enforcement officers must be physically
  327  located in the county of the respective sheriff’s or police
  328  department.
  329         (b) The traffic infraction enforcement officer shall be
  330  employed in relationship to a selective traffic enforcement
  331  program at a fixed location or as part of a crash investigation
  332  team at the scene of a vehicle crash or in other types of
  333  traffic infraction enforcement under the direction of a fully
  334  qualified law enforcement officer; however, it is not necessary
  335  that the traffic infraction enforcement officer’s duties be
  336  performed under the immediate supervision of a fully qualified
  337  law enforcement officer.
  338         (c) This subsection does not permit the carrying of
  339  firearms or other weapons, nor do traffic infraction enforcement
  340  officers have arrest authority other than the authority to issue
  341  a traffic citation as provided in this subsection.
  342         Section 7. Subsection (3) of section 316.650, Florida
  343  Statutes, is amended to read:
  344         316.650 Traffic citations.—
  345         (3)(a) Except for a traffic citation issued pursuant to s.
  346  316.1001, or s. 316.0083, or s. 316.0084, each traffic
  347  enforcement officer, upon issuing a traffic citation to an
  348  alleged violator of any provision of the motor vehicle laws of
  349  this state or of any traffic ordinance of any municipality or
  350  town, shall deposit the original traffic citation or, in the
  351  case of a traffic enforcement agency that has an automated
  352  citation issuance system, the chief administrative officer shall
  353  provide by an electronic transmission a replica of the citation
  354  data to a court having jurisdiction over the alleged offense or
  355  with its traffic violations bureau within 5 days after issuance
  356  to the violator.
  357         (b) If a traffic citation is issued pursuant to s.
  358  316.1001, a traffic enforcement officer may deposit the original
  359  traffic citation or, in the case of a traffic enforcement agency
  360  that has an automated citation system, may provide by an
  361  electronic transmission a replica of the citation data to a
  362  court having jurisdiction over the alleged offense or with its
  363  traffic violations bureau within 45 days after the date of
  364  issuance of the citation to the violator. If the person cited
  365  for the violation of s. 316.1001 makes the election provided by
  366  s. 318.14(12) and pays the $25 fine, or such other amount as
  367  imposed by the governmental entity owning the applicable toll
  368  facility, plus the amount of the unpaid toll that is shown on
  369  the traffic citation directly to the governmental entity that
  370  issued the citation, or on whose behalf the citation was issued,
  371  in accordance with s. 318.14(12), the traffic citation will not
  372  be submitted to the court, the disposition will be reported to
  373  the department by the governmental entity that issued the
  374  citation, or on whose behalf the citation was issued, and no
  375  points will be assessed against the person’s driver’s license.
  376         (c) If a traffic citation is issued under s. 316.0083 or s.
  377  316.0084, the traffic infraction enforcement officer shall
  378  provide by electronic transmission a replica of the traffic
  379  citation data to the court having jurisdiction over the alleged
  380  offense or its traffic violations bureau within 5 days after the
  381  date of issuance of the traffic citation to the violator.
  382         Section 8. Subsection (2) of section 318.14, Florida
  383  Statutes, is amended to read:
  384         318.14 Noncriminal traffic infractions; exception;
  385  procedures.—
  386         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  387  and 316.0084, any person cited for a violation requiring a
  388  mandatory hearing listed in s. 318.19 or any other criminal
  389  traffic violation listed in chapter 316 must sign and accept a
  390  citation indicating a promise to appear. The officer may
  391  indicate on the traffic citation the time and location of the
  392  scheduled hearing and must indicate the applicable civil penalty
  393  established in s. 318.18. For all other infractions under this
  394  section, except for infractions under s. 316.1001, the officer
  395  must certify by electronic, electronic facsimile, or written
  396  signature that the citation was delivered to the person cited.
  397  This certification is prima facie evidence that the person cited
  398  was served with the citation.
  399         Section 9. Subsection (5) of section 318.18, Florida
  400  Statutes, is amended to read:
  401         318.18 Amount of penalties.—The penalties required for a
  402  noncriminal disposition pursuant to s. 318.14 or a criminal
  403  offense listed in s. 318.17 are as follows:
  404         (5)(a) Two One hundred dollars for a violation of s.
  405  316.172(1)(a), failure to stop for a school bus. If, at a
  406  hearing, the alleged offender is found to have committed this
  407  offense, the court shall impose a minimum civil penalty of $200
  408  $100. In addition to this penalty, for a second or subsequent
  409  offense within a period of 5 years, the department shall suspend
  410  the driver’s license of the person for not less than 90 days and
  411  not more than 6 months.
  412         (b) Two hundred dollars for a violation of s.
  413  316.172(1)(b), passing a school bus on the side that children
  414  enter and exit when the school bus displays a stop signal. If,
  415  at a hearing, the alleged offender is found to have committed
  416  this offense, the court shall impose a minimum civil penalty of
  417  $200. In addition to this penalty, for a second or subsequent
  418  offense within a period of 5 years, the department shall suspend
  419  the driver’s license of the person for not less than 180 days
  420  and not more than 1 year.
  421         (c) In addition to the penalty under paragraph (a) or
  422  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  423  If the alleged offender is found to have committed the offense,
  424  the court shall impose the civil penalty under paragraph (a) or
  425  paragraph (b) plus an additional $65. As provided in s.
  426  316.0084(1)(b)3., the additional $65 collected under this
  427  paragraph shall be remitted to the Department of Revenue for
  428  deposit into the Emergency Medical Services Trust Fund of the
  429  Department of Health to be used as provided in s. 395.4036.
  430         (d)The $265 collected under paragraphs (a), (b), and (c)
  431  shall be distributed as provided in s. 316.0084(1)(b)3.
  432         (e)If a person who is cited for a violation of s.
  433  316.172(1)(a) or (b), as enforced by a traffic infraction
  434  enforcement officer under s. 316.0084, presents documentation
  435  from the appropriate governmental entity that the traffic
  436  citation was in error, the clerk of court may dismiss the case,
  437  and may not impose a charge for this service.
  438         Section 10. Section 321.51, Florida Statutes, is created to
  439  read:
  440         321.51 Authorization to use school bus traffic infraction
  441  detectors.—When permitted by the Department of Transportation,
  442  the Department of Highway Safety and Motor Vehicles may, under
  443  s. 316.0084, use images from school bus traffic infraction
  444  detectors to enforce s. 316.172(1)(a) or (b) when a driver fails
  445  to stop upon approaching any school bus that displays a stop
  446  signal on state roads, as defined in chapter 316, which are
  447  under the original jurisdiction of the Department of
  448  Transportation.
  449         Section 11. Paragraph (d) of subsection (3) of section
  450  322.27, Florida Statutes, is amended to read:
  451         322.27 Authority of department to suspend or revoke
  452  license.—
  453         (3) There is established a point system for evaluation of
  454  convictions of violations of motor vehicle laws or ordinances,
  455  and violations of applicable provisions of s. 403.413(6)(b) when
  456  such violations involve the use of motor vehicles, for the
  457  determination of the continuing qualification of any person to
  458  operate a motor vehicle. The department is authorized to suspend
  459  the license of any person upon showing of its records or other
  460  good and sufficient evidence that the licensee has been
  461  convicted of violation of motor vehicle laws or ordinances, or
  462  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  463  more points as determined by the point system. The suspension
  464  shall be for a period of not more than 1 year.
  465         (d) The point system shall have as its basic element a
  466  graduated scale of points assigning relative values to
  467  convictions of the following violations:
  468         1. Reckless driving, willful and wanton—4 points.
  469         2. Leaving the scene of a crash resulting in property
  470  damage of more than $50—6 points.
  471         3. Unlawful speed resulting in a crash—6 points.
  472         4. Passing a stopped school bus—4 points.
  473         5. Unlawful speed:
  474         a. Not in excess of 15 miles per hour of lawful or posted
  475  speed—3 points.
  476         b. In excess of 15 miles per hour of lawful or posted
  477  speed—4 points.
  478         6. A violation of a traffic control signal device as
  479  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  480  However, no points shall be imposed for a violation of s.
  481  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  482  stop at a traffic signal and when enforced by a traffic
  483  infraction enforcement officer. In addition, a violation of s.
  484  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  485  stop at a traffic signal and when enforced by a traffic
  486  infraction enforcement officer may not be used for purposes of
  487  setting motor vehicle insurance rates. Furthermore, no points
  488  shall be imposed for a violation of s. 316.172(1)(a) or (b) when
  489  a driver has failed to stop upon approaching any school bus that
  490  displays a stop signal and when enforced by a traffic infraction
  491  enforcement officer. In addition, a violation of s.
  492  316.172(1)(a) or (b) when a driver has failed to stop upon
  493  approaching any school bus that displays a stop signal and when
  494  enforced by a traffic infraction enforcement officer may not be
  495  used for purposes of setting motor vehicle insurance rates.
  496         7. All other moving violations (including parking on a
  497  highway outside the limits of a municipality)—3 points. However,
  498  no points shall be imposed for a violation of s. 316.0741 or s.
  499  316.2065(12); and points shall be imposed for a violation of s.
  500  316.1001 only when imposed by the court after a hearing pursuant
  501  to s. 318.14(5).
  502         8. Any moving violation covered above, excluding unlawful
  503  speed, resulting in a crash—4 points.
  504         9. Any conviction under s. 403.413(6)(b)—3 points.
  505         10. Any conviction under s. 316.0775(2)—4 points.
  506         Section 12. If any provision of this act or its application
  507  to any person or circumstance is held invalid, the invalidity
  508  does not affect other provisions or applications of this act
  509  which can be given effect without the invalid provision or
  510  application, and to this end the provisions of this act are
  511  severable.
  512         Section 13. This act shall take effect July 1, 2012.