HB 269

1
A bill to be entitled
2An act relating to uniform traffic control; amending
3s. 316.003, F.S.; defining the term "school bus
4traffic infraction detector"; amending s. 316.008,
5F.S.; authorizing school districts to deploy school
6bus traffic infraction detectors under certain
7circumstances; creating s. 316.0084, F.S.; providing
8for use of school bus traffic infraction detectors to
9enforce specified provisions requiring a person
10driving a vehicle to stop when approaching a school
11bus displaying a stop signal; authorizing the
12Department of Highway Safety and Motor Vehicles, a
13county, or a municipality to authorize a traffic
14infraction enforcement officer to issue and enforce a
15citation for a violation of such provisions; requiring
16notification to be sent to the registered owner of the
17motor vehicle involved in the violation; providing
18requirements for the notification; providing for
19collection of penalties; providing for distribution of
20penalties collected; providing procedures for
21issuance, disposition, and enforcement of citations;
22providing for exemptions; providing that certain
23evidence is admissible for enforcement; providing
24penalties for submission of a false affidavit;
25providing that the act does not preclude the issuance
26of citations by law enforcement officers; requiring
27reports from participating school districts to the
28department; requiring the department to make reports
29to the Governor and Legislature; creating s.
30316.07457, F.S.; requiring school bus traffic
31infraction detectors to meet specifications
32established by the department; creating s. 316.0777,
33F.S.; providing for the placement and installation of
34detectors on school buses when permitted by and under
35the specifications of the department; amending s.
36316.640, F.S.; providing for authority of traffic
37enforcement officers appointed by the state or a
38police department or sheriff's department to enforce
39specified provisions; amending s. 316.650, F.S.;
40requiring a traffic enforcement officer to provide to
41the court a replica of the citation data by electronic
42transmission under certain conditions; amending s.
43318.14, F.S.; providing an exception from provisions
44requiring a person cited for an infraction for failing
45to stop upon approaching any school bus that displays
46a stop signal to sign and accept a citation indicating
47a promise to appear; amending s. 318.18, F.S.;
48increasing certain fines; providing for penalties for
49infractions enforced by a traffic infraction
50enforcement officer; providing for distribution of
51fines; allowing the clerk of court to dismiss certain
52cases upon receiving documentation that the uniform
53traffic citation was issued in error; creating s.
54321.51, F.S.; authorizing the Department of Highway
55Safety and Motor Vehicles to use school bus traffic
56infraction detectors under certain circumstances;
57amending s. 322.27, F.S.; providing that no points may
58be assessed against the driver's license for
59infractions enforced by a traffic infraction
60enforcement officer; providing that infractions
61enforced by a traffic infraction enforcement officer
62may not be used for purposes of setting motor vehicle
63insurance rates; providing for severability; providing
64an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Subsection (89) is added to section 316.003,
69Florida Statutes, to read:
70     316.003  Definitions.-The following words and phrases, when
71used in this chapter, shall have the meanings respectively
72ascribed to them in this section, except where the context
73otherwise requires:
74     (89)  SCHOOL BUS TRAFFIC INFRACTION DETECTOR.-A vehicle
75sensor installed to work in conjunction with a school bus and a
76camera or cameras synchronized to automatically record two or
77more sequenced photographic or electronic images or streaming
78video of a motor vehicle at the time the vehicle passes a school
79bus in violation of s. 316.172(1)(a) or (b). Any notification
80under s. 316.0084(1)(b) or traffic citation issued by the use of
81a school bus traffic infraction detector must include a
82photograph, video feed, or other recorded image showing both the
83license tag of the offending vehicle and the school bus stop
84signal being violated.
85     Section 2.  Subsection (9) is added to section 316.008,
86Florida Statutes, to read:
87     316.008  Powers of local authorities.-
88     (9)  A school district may deploy school bus traffic
89infraction detectors on its school buses for purposes of
90enforcing s. 316.172(1)(a) or (b) when a driver fails to stop
91upon approaching any school bus that displays a stop signal. A
92school district deploying school bus traffic infraction
93detectors must coordinate the issuing of traffic citations with
94the Florida Highway Patrol, the local sheriff's office, the
95local police department, the local school board, if applicable,
96or other entity having the authority and jurisdiction to enforce
97the traffic laws of this state and within the particular school
98district as provided in ss. 316.006 and 316.640.
99     Section 3.  Section 316.0084, Florida Statutes, is created
100to read:
101     316.0084  School Bus Safety Program; administration;
102report.-
103     (1)(a)  For purposes of administering this section, the
104department, a county, or a municipality may authorize a traffic
105infraction enforcement officer under s. 316.640 to issue a
106traffic citation for a violation of s. 316.172(1)(a) or (b).
107This paragraph does not prohibit a review of information from a
108traffic infraction detector by an authorized employee or agent
109of the department, a county, or a municipality before issuance
110of the traffic citation by the traffic infraction enforcement
111officer. This paragraph does not prohibit the department, a
112county, or a municipality from issuing notification as provided
113in paragraph (b) to the registered owner of the motor vehicle
114involved in the violation of s. 316.172(1)(a) or (b).
115     (b)1.a.  Within 10 days after a violation, notification
116shall be sent to the registered owner of the motor vehicle
117involved in the violation specifying the remedies available
118under s. 318.14 and that the violator must pay the penalty of
119$265 to the department, county, or municipality, or furnish an
120affidavit in accordance with paragraph (d), within 30 days
121following the date of the notification in order to avoid court
122fees, costs, and the issuance of a traffic citation. The
123notification shall be sent by first-class mail.
124     b.  The notification under this paragraph must inform the
125owner that he or she has the right to review the photographic or
126electronic images or the streaming video evidence that
127constitutes a rebuttable presumption against the owner of the
128vehicle. The notice must state the time and place or Internet
129location where the evidence may be examined and observed.
130     2.  Penalty amounts collected by the department, a county,
131or a municipality under this section, less the amount retained
132by the department, county, or municipality pursuant to
133subparagraph 3., shall be remitted to the Department of Revenue
134each week by means of electronic funds transfer. In addition to
135the payment, summary detail of the penalty amounts remitted
136shall be reported to the Department of Revenue.
137     3.  A penalty amount of $265 shall be assessed for a
138violation of s. 316.172(1)(a) or (b) when a driver has failed to
139stop upon approaching any school bus that displays a stop
140signal. Of that amount, $170 shall be remitted to the school
141district in which the violation occurred, $65 shall be deposited
142into the Emergency Medical Services Trust Fund of the Department
143of Health to be used as provided in s. 395.4036, $15 shall be
144remitted to the department, and $15 shall be retained by the
145county or municipality issuing the notice or citation or
146retained by the department if the department issued the notice
147or citation.
148     (c)1.a.  If payment has not been received within 30 days
149after notification under subparagraph (b)1., a traffic citation
150shall be issued by mailing the traffic citation by certified
151mail to the address of the registered owner of the motor vehicle
152involved in the violation.
153     b.  Delivery of the traffic citation constitutes
154notification under this paragraph.
155     c.  In the case of joint ownership of a motor vehicle, the
156traffic citation shall be mailed to the first name appearing on
157the registration, unless the first name appearing on the
158registration is a business organization, in which case the
159second name appearing on the registration may be used.
160     d.  The traffic citation shall be mailed to the registered
161owner of the motor vehicle involved in the violation no later
162than 45 days after the date of the violation.
163     2.  The citation under this paragraph must include a notice
164that the owner has the right to review, in person or remotely,
165the photographic or electronic images or the streaming video
166evidence that constitutes a rebuttable presumption against the
167owner of the vehicle. The notice must state the time and place
168or Internet location where the evidence may be examined and
169observed.
170     (d)1.  The owner of the motor vehicle involved in the
171violation is responsible and liable for paying the uniform
172traffic 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
175law enforcement officer;
176     b.  The motor vehicle was, at the time of the violation, in
177the care, custody, or control of another person; or
178     c.  A uniform traffic citation was issued by a law
179enforcement officer to the driver of the motor vehicle for the
180alleged violation of s. 316.172(1)(a) or (b).
181     2.  In order to establish such facts, the owner of the
182motor vehicle shall, within 30 days after the date of issuance
183of the traffic citation, furnish to the appropriate governmental
184entity an affidavit setting forth detailed information
185supporting an exemption as provided in this paragraph.
186     a.  An affidavit supporting an exemption under sub-
187subparagraph 1.b. must include the name, address, date of birth,
188and, if known, the driver's license number of the person who
189leased, rented, or otherwise had care, custody, or control of
190the motor vehicle at the time of the alleged violation. If the
191vehicle was stolen at the time of the alleged offense, the
192affidavit must include the police report indicating that the
193vehicle was stolen.
194     b.  If a traffic citation for a violation of s.
195316.172(1)(a) or (b) was issued at the location of the violation
196by a law enforcement officer, the affidavit must include the
197serial number of the uniform traffic citation.
198     3.  Upon receipt of an affidavit supporting an exemption
199under sub-subparagraph 1.b., the person designated as having
200care, custody, and control of the motor vehicle at the time of
201the violation may be issued a traffic citation for a violation
202of s. 316.172(1)(a) or (b) when the driver failed to stop upon
203approaching any school bus that displays a stop signal. The
204affidavit is admissible in a proceeding pursuant to this section
205for the purpose of providing proof that the person identified in
206the affidavit was in actual care, custody, or control of the
207motor vehicle. The owner of a leased vehicle for which a traffic
208citation is issued for a violation of s. 316.172(1)(a) or (b) is
209not responsible for paying the traffic citation and is not
210required to submit an affidavit as specified in this subsection
211if the motor vehicle involved in the violation is registered in
212the name of the lessee of such motor vehicle.
213     4.  The submission of a false affidavit is a misdemeanor of
214the second degree, punishable as provided in s. 775.082 or s.
215775.083.
216     (e)  The photographic or electronic images or streaming
217video attached to or referenced in the traffic citation is
218evidence that a violation of s. 316.172(1)(a) or (b) has
219occurred and is admissible in any proceeding to enforce this
220section and raises a rebuttable presumption that the motor
221vehicle named in the report or shown in the photographic or
222electronic images or streaming video evidence was used in
223violation of s. 316.172(1)(a) or (b).
224     (2)  This section supplements the enforcement of s.
225316.172(1)(a) and (b) and does not prohibit a law enforcement
226officer from issuing a traffic citation for a violation of s.
227316.172(1)(a) or (b).
228     (3)(a)  Each school district that deploys a school bus
229traffic infraction detector shall submit a report by October 1,
2302014, and annually thereafter, to the department which details
231the results of using the school bus traffic infraction detector
232and the procedures for enforcement for the preceding state
233fiscal year. The information submitted by counties and
234municipalities must include statistical data and information
235required by the department to complete the report required under
236paragraph (b).
237     (b)  On or before December 31, 2014, and annually
238thereafter, the department shall provide a summary report to the
239Governor, the President of the Senate, and the Speaker of the
240House of Representatives regarding the use and operation of
241traffic infraction detectors under this section, along with the
242department's recommendations and recommendations for any
243necessary legislation. The summary report must include a review
244of the information submitted to the department by counties and
245municipalities and must describe the enhancement of the traffic
246safety and enforcement programs.
247     Section 4.  Section 316.07457, Florida Statutes, is created
248to read:
249     316.07457  Implementation.-Any school bus traffic
250infraction detector deployed by a school district on one or more
251of the buses in its fleet must meet specifications established
252by the department and must be tested at regular intervals
253according to specifications prescribed by the department. The
254department shall establish such specifications by December 31,
2552012.
256     Section 5.  Section 316.0777, Florida Statutes, is created
257to read:
258     316.0777  School bus traffic infraction detectors;
259placement and installation.-School bus traffic infraction
260detectors are allowed on the school buses of school districts
261when permitted by the department and under placement and
262installation 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
266of this state is vested as follows:
267     (1)  STATE.-
268     (b)1.  The Department of Transportation has authority to
269enforce on all the streets and highways of this state all laws
270applicable within its authority.
271     2.a.  The Department of Transportation shall develop
272training and qualifications standards for toll enforcement
273officers whose sole authority is to enforce the payment of tolls
274pursuant to s. 316.1001. Nothing in This subparagraph does not
275authorize a toll enforcement officer to carry a firearm shall be
276construed to permit the carrying of firearms or other weapons
277and does not authorize, nor shall a toll enforcement officer to
278make arrests have arrest authority.
279     b.  For the purpose of enforcing s. 316.1001, governmental
280entities, as defined in s. 334.03, which own or operate a toll
281facility may employ independent contractors or designate
282employees as toll enforcement officers; however, any such toll
283enforcement officer must successfully meet the training and
284qualifications standards for toll enforcement officers
285established by the Department of Transportation.
286     3.  For the purpose of enforcing s. 316.0083 or s.
287316.0084, the department may designate employees as traffic
288infraction enforcement officers. A traffic infraction
289enforcement officer must successfully complete instruction in
290traffic enforcement procedures and court presentation through
291the Selective Traffic Enforcement Program as approved by the
292Division of Criminal Justice Standards and Training of the
293Department of Law Enforcement, or through a similar program, but
294may not necessarily otherwise meet the uniform minimum standards
295established by the Criminal Justice Standards and Training
296Commission for law enforcement officers or auxiliary law
297enforcement officers under s. 943.13. This subparagraph does not
298authorize the carrying of firearms or other weapons by a traffic
299infraction enforcement officer and does not authorize a traffic
300infraction enforcement officer to make arrests. The department's
301traffic infraction enforcement officers must be physically
302located in the state.
303     (5)(a)  Any sheriff's department or police department of a
304municipality may employ, as a traffic infraction enforcement
305officer, any individual who successfully completes instruction
306in traffic enforcement procedures and court presentation through
307the Selective Traffic Enforcement Program as approved by the
308Division of Criminal Justice Standards and Training of the
309Department of Law Enforcement, or through a similar program, but
310who does not necessarily otherwise meet the uniform minimum
311standards established by the Criminal Justice Standards and
312Training Commission for law enforcement officers or auxiliary
313law enforcement officers under s. 943.13. Any such traffic
314infraction enforcement officer who observes the commission of a
315traffic infraction or, in the case of a parking infraction, who
316observes an illegally parked vehicle may issue a traffic
317citation for the infraction when, based upon personal
318investigation, he or she has reasonable and probable grounds to
319believe that an offense has been committed which constitutes a
320noncriminal traffic infraction as defined in s. 318.14. In
321addition, any such traffic infraction enforcement officer may
322issue a traffic citation under s. 316.0083 or s. 316.0084. For
323purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff's
324department or police department of a municipality may designate
325employees as traffic infraction enforcement officers. The
326traffic infraction enforcement officers must be physically
327located in the county of the respective sheriff's or police
328department.
329     (b)  The traffic infraction enforcement officer shall be
330employed in relationship to a selective traffic enforcement
331program at a fixed location or as part of a crash investigation
332team at the scene of a vehicle crash or in other types of
333traffic infraction enforcement under the direction of a fully
334qualified law enforcement officer; however, it is not necessary
335that the traffic infraction enforcement officer's duties be
336performed under the immediate supervision of a fully qualified
337law enforcement officer.
338     (c)  This subsection does not permit the carrying of
339firearms or other weapons, nor do traffic infraction enforcement
340officers have arrest authority other than the authority to issue
341a traffic citation as provided in this subsection.
342     Section 7.  Subsection (3) of section 316.650, Florida
343Statutes, is amended to read:
344     316.650  Traffic citations.-
345     (3)(a)  Except for a traffic citation issued pursuant to s.
346316.1001, or s. 316.0083, or s. 316.0084, each traffic
347enforcement officer, upon issuing a traffic citation to an
348alleged violator of any provision of the motor vehicle laws of
349this state or of any traffic ordinance of any municipality or
350town, shall deposit the original traffic citation or, in the
351case of a traffic enforcement agency that has an automated
352citation issuance system, the chief administrative officer shall
353provide by an electronic transmission a replica of the citation
354data to a court having jurisdiction over the alleged offense or
355with its traffic violations bureau within 5 days after issuance
356to the violator.
357     (b)  If a traffic citation is issued pursuant to s.
358316.1001, a traffic enforcement officer may deposit the original
359traffic citation or, in the case of a traffic enforcement agency
360that has an automated citation system, may provide by an
361electronic transmission a replica of the citation data to a
362court having jurisdiction over the alleged offense or with its
363traffic violations bureau within 45 days after the date of
364issuance of the citation to the violator. If the person cited
365for the violation of s. 316.1001 makes the election provided by
366s. 318.14(12) and pays the $25 fine, or such other amount as
367imposed by the governmental entity owning the applicable toll
368facility, plus the amount of the unpaid toll that is shown on
369the traffic citation directly to the governmental entity that
370issued the citation, or on whose behalf the citation was issued,
371in accordance with s. 318.14(12), the traffic citation will not
372be submitted to the court, the disposition will be reported to
373the department by the governmental entity that issued the
374citation, or on whose behalf the citation was issued, and no
375points will be assessed against the person's driver's license.
376     (c)  If a traffic citation is issued under s. 316.0083 or
377s. 316.0084, the traffic infraction enforcement officer shall
378provide by electronic transmission a replica of the traffic
379citation data to the court having jurisdiction over the alleged
380offense or its traffic violations bureau within 5 days after the
381date of issuance of the traffic citation to the violator.
382     Section 8.  Subsection (2) of section 318.14, Florida
383Statutes, is amended to read:
384     318.14  Noncriminal traffic infractions; exception;
385procedures.-
386     (2)  Except as provided in ss. 316.1001(2), and 316.0083,
387and 316.0084, any person cited for a violation requiring a
388mandatory hearing listed in s. 318.19 or any other criminal
389traffic violation listed in chapter 316 must sign and accept a
390citation indicating a promise to appear. The officer may
391indicate on the traffic citation the time and location of the
392scheduled hearing and must indicate the applicable civil penalty
393established in s. 318.18. For all other infractions under this
394section, except for infractions under s. 316.1001, the officer
395must certify by electronic, electronic facsimile, or written
396signature that the citation was delivered to the person cited.
397This certification is prima facie evidence that the person cited
398was served with the citation.
399     Section 9.  Subsection (5) of section 318.18, Florida
400Statutes, is amended to read:
401     318.18  Amount of penalties.-The penalties required for a
402noncriminal disposition pursuant to s. 318.14 or a criminal
403offense listed in s. 318.17 are as follows:
404     (5)(a)  Two One hundred dollars for a violation of s.
405316.172(1)(a), failure to stop for a school bus. If, at a
406hearing, the alleged offender is found to have committed this
407offense, the court shall impose a minimum civil penalty of $200
408$100. In addition to this penalty, for a second or subsequent
409offense within a period of 5 years, the department shall suspend
410the driver's license of the person for not less than 90 days and
411not more than 6 months.
412     (b)  Two hundred dollars for a violation of s.
413316.172(1)(b), passing a school bus on the side that children
414enter and exit when the school bus displays a stop signal. If,
415at a hearing, the alleged offender is found to have committed
416this offense, the court shall impose a minimum civil penalty of
417$200. In addition to this penalty, for a second or subsequent
418offense within a period of 5 years, the department shall suspend
419the driver's license of the person for not less than 180 days
420and not more than 1 year.
421     (c)  In addition to the penalty under paragraph (a) or
422paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
423If the alleged offender is found to have committed the offense,
424the court shall impose the civil penalty under paragraph (a) or
425paragraph (b) plus an additional $65. As provided in s.
426316.0084(1)(b)3., the additional $65 collected under this
427paragraph shall be remitted to the Department of Revenue for
428deposit into the Emergency Medical Services Trust Fund of the
429Department of Health to be used as provided in s. 395.4036.
430     (d)  The $265 collected under paragraphs (a), (b), and (c)
431shall be distributed as provided in s. 316.0084(1)(b)3.
432     (e)  If a person who is cited for a violation of s.
433316.172(1)(a) or (b), as enforced by a traffic infraction
434enforcement officer under s. 316.0084, presents documentation
435from the appropriate governmental entity that the traffic
436citation was in error, the clerk of court may dismiss the case,
437and may not impose a charge for this service.
438     Section 10.  Section 321.51, Florida Statutes, is created
439to read:
440     321.51  Authorization to use school bus traffic infraction
441detectors.-When permitted by the Department of Transportation,
442the Department of Highway Safety and Motor Vehicles may, under
443s. 316.0084, use images from school bus traffic infraction
444detectors to enforce s. 316.172(1)(a) or (b) when a driver fails
445to stop upon approaching any school bus that displays a stop
446signal on state roads, as defined in chapter 316, which are
447under the original jurisdiction of the Department of
448Transportation.
449     Section 11.  Paragraph (d) of subsection (3) of section
450322.27, Florida Statutes, is amended to read:
451     322.27  Authority of department to suspend or revoke
452license.-
453     (3)  There is established a point system for evaluation of
454convictions of violations of motor vehicle laws or ordinances,
455and violations of applicable provisions of s. 403.413(6)(b) when
456such violations involve the use of motor vehicles, for the
457determination of the continuing qualification of any person to
458operate a motor vehicle. The department is authorized to suspend
459the license of any person upon showing of its records or other
460good and sufficient evidence that the licensee has been
461convicted of violation of motor vehicle laws or ordinances, or
462applicable provisions of s. 403.413(6)(b), amounting to 12 or
463more points as determined by the point system. The suspension
464shall be for a period of not more than 1 year.
465     (d)  The point system shall have as its basic element a
466graduated scale of points assigning relative values to
467convictions of the following violations:
468     1.  Reckless driving, willful and wanton-4 points.
469     2.  Leaving the scene of a crash resulting in property
470damage 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
475speed-3 points.
476     b.  In excess of 15 miles per hour of lawful or posted
477speed-4 points.
478     6.  A violation of a traffic control signal device as
479provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
480However, no points shall be imposed for a violation of s.
481316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
482stop at a traffic signal and when enforced by a traffic
483infraction enforcement officer. In addition, a violation of s.
484316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
485stop at a traffic signal and when enforced by a traffic
486infraction enforcement officer may not be used for purposes of
487setting motor vehicle insurance rates. Furthermore, no points
488shall be imposed for a violation of s. 316.172(1)(a) or (b) when
489a driver has failed to stop upon approaching any school bus that
490displays a stop signal and when enforced by a traffic infraction
491enforcement officer. In addition, a violation of s.
492316.172(1)(a) or (b) when a driver has failed to stop upon
493approaching any school bus that displays a stop signal and when
494enforced by a traffic infraction enforcement officer may not be
495used for purposes of setting motor vehicle insurance rates.
496     7.  All other moving violations (including parking on a
497highway outside the limits of a municipality)-3 points. However,
498no points shall be imposed for a violation of s. 316.0741 or s.
499316.2065(12); and points shall be imposed for a violation of s.
500316.1001 only when imposed by the court after a hearing pursuant
501to s. 318.14(5).
502     8.  Any moving violation covered above, excluding unlawful
503speed, 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
507application to any person or circumstance is held invalid, the
508invalidity does not affect other provisions or applications of
509this act which can be given effect without the invalid provision
510or application, and to this end the provisions of this act are
511severable.
512     Section 13.  This act shall take effect July 1, 2012.


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