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, $170 shall be remitted to the school |
141 | district in which the violation occurred, $65 shall be deposited |
142 | into the Emergency Medical Services Trust Fund of the Department |
143 | of Health to be used as provided in s. 395.4036, $15 shall be |
144 | remitted to the department, and $15 shall be retained by the |
145 | county or municipality issuing the notice or citation or |
146 | retained by the department if the department issued the notice |
147 | or citation. |
148 | (c)1.a. If payment has not been received within 30 days |
149 | after notification under subparagraph (b)1., a traffic citation |
150 | shall be issued by mailing the traffic citation by certified |
151 | mail to the address of the registered owner of the motor vehicle |
152 | involved in the violation. |
153 | b. Delivery of the traffic citation constitutes |
154 | notification under this paragraph. |
155 | c. In the case of joint ownership of a motor vehicle, the |
156 | traffic citation shall be mailed to the first name appearing on |
157 | the registration, unless the first name appearing on the |
158 | registration is a business organization, in which case the |
159 | second name appearing on the registration may be used. |
160 | d. The traffic citation shall be mailed to the registered |
161 | owner of the motor vehicle involved in the violation no later |
162 | than 45 days after the date of the violation. |
163 | 2. The citation under this paragraph must include a notice |
164 | that the owner has the right to review, in person or remotely, |
165 | the photographic or electronic images or the streaming video |
166 | evidence that constitutes a rebuttable presumption against the |
167 | owner of the vehicle. The notice must state the time and place |
168 | or Internet location where the evidence may be examined and |
169 | observed. |
170 | (d)1. The owner of the motor vehicle involved in the |
171 | violation is responsible and liable for paying the uniform |
172 | traffic citation issued for a violation of s. 316.172(1)(a) or |
173 | (b), unless the owner can establish that: |
174 | a. The motor vehicle passed the bus at the direction of a |
175 | law enforcement officer; |
176 | b. The motor vehicle was, at the time of the violation, in |
177 | the care, custody, or control of another person; or |
178 | c. A uniform traffic citation was issued by a law |
179 | enforcement officer to the driver of the motor vehicle for the |
180 | alleged violation of s. 316.172(1)(a) or (b). |
181 | 2. In order to establish such facts, the owner of the |
182 | motor vehicle shall, within 30 days after the date of issuance |
183 | of the traffic citation, furnish to the appropriate governmental |
184 | entity an affidavit setting forth detailed information |
185 | supporting an exemption as provided in this paragraph. |
186 | a. An affidavit supporting an exemption under sub- |
187 | subparagraph 1.b. must include the name, address, date of birth, |
188 | and, if known, the driver's license number of the person who |
189 | leased, rented, or otherwise had care, custody, or control of |
190 | the motor vehicle at the time of the alleged violation. If the |
191 | vehicle was stolen at the time of the alleged offense, the |
192 | affidavit must include the police report indicating that the |
193 | vehicle was stolen. |
194 | b. If a traffic citation for a violation of s. |
195 | 316.172(1)(a) or (b) was issued at the location of the violation |
196 | by a law enforcement officer, the affidavit must include the |
197 | serial number of the uniform traffic citation. |
198 | 3. Upon receipt of an affidavit supporting an exemption |
199 | under sub-subparagraph 1.b., the person designated as having |
200 | care, custody, and control of the motor vehicle at the time of |
201 | the violation may be issued a traffic citation for a violation |
202 | of s. 316.172(1)(a) or (b) when the driver failed to stop upon |
203 | approaching any school bus that displays a stop signal. The |
204 | affidavit is admissible in a proceeding pursuant to this section |
205 | for the purpose of providing proof that the person identified in |
206 | the affidavit was in actual care, custody, or control of the |
207 | motor vehicle. The owner of a leased vehicle for which a traffic |
208 | citation is issued for a violation of s. 316.172(1)(a) or (b) is |
209 | not responsible for paying the traffic citation and is not |
210 | required to submit an affidavit as specified in this subsection |
211 | if the motor vehicle involved in the violation is registered in |
212 | the name of the lessee of such motor vehicle. |
213 | 4. The submission of a false affidavit is a misdemeanor of |
214 | the second degree, punishable as provided in s. 775.082 or s. |
215 | 775.083. |
216 | (e) The photographic or electronic images or streaming |
217 | video attached to or referenced in the traffic citation is |
218 | evidence that a violation of s. 316.172(1)(a) or (b) has |
219 | occurred and is admissible in any proceeding to enforce this |
220 | section and raises a rebuttable presumption that the motor |
221 | vehicle named in the report or shown in the photographic or |
222 | electronic images or streaming video evidence was used in |
223 | violation of s. 316.172(1)(a) or (b). |
224 | (2) This section supplements the enforcement of s. |
225 | 316.172(1)(a) and (b) and does not prohibit a law enforcement |
226 | officer from issuing a traffic citation for a violation of s. |
227 | 316.172(1)(a) or (b). |
228 | (3)(a) Each school district that deploys a school bus |
229 | traffic infraction detector shall submit a report by October 1, |
230 | 2014, and annually thereafter, to the department which details |
231 | the results of using the school bus traffic infraction detector |
232 | and the procedures for enforcement for the preceding state |
233 | fiscal year. The information submitted by counties and |
234 | municipalities must include statistical data and information |
235 | required by the department to complete the report required under |
236 | paragraph (b). |
237 | (b) On or before December 31, 2014, and annually |
238 | thereafter, the department shall provide a summary report to the |
239 | Governor, the President of the Senate, and the Speaker of the |
240 | House of Representatives regarding the use and operation of |
241 | traffic infraction detectors under this section, along with the |
242 | department's recommendations and recommendations for any |
243 | necessary legislation. The summary report must include a review |
244 | of the information submitted to the department by counties and |
245 | municipalities and must describe the enhancement of the traffic |
246 | safety and enforcement programs. |
247 | Section 4. Section 316.07457, Florida Statutes, is created |
248 | to read: |
249 | 316.07457 Implementation.-Any school bus traffic |
250 | infraction detector deployed by a school district on one or more |
251 | of the buses in its fleet must meet specifications established |
252 | by the department and must be tested at regular intervals |
253 | according to specifications prescribed by the department. The |
254 | department shall establish such specifications by December 31, |
255 | 2012. |
256 | Section 5. Section 316.0777, Florida Statutes, is created |
257 | to read: |
258 | 316.0777 School bus traffic infraction detectors; |
259 | placement and installation.-School bus traffic infraction |
260 | detectors are allowed on the school buses of school districts |
261 | when permitted by the department and under placement and |
262 | installation 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 |
266 | of 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. |
287 | 316.0084, the department may designate employees as traffic |
288 | infraction enforcement officers. A traffic infraction |
289 | enforcement officer must successfully complete instruction in |
290 | traffic enforcement procedures and court presentation through |
291 | the Selective Traffic Enforcement Program as approved by the |
292 | Division of Criminal Justice Standards and Training of the |
293 | Department of Law Enforcement, or through a similar program, but |
294 | may not 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 |
377 | s. 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 |
439 | to 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 |
507 | application to any person or circumstance is held invalid, the |
508 | invalidity does not affect other provisions or applications of |
509 | this act which can be given effect without the invalid provision |
510 | or application, and to this end the provisions of this act are |
511 | severable. |
512 | Section 13. This act shall take effect July 1, 2012. |