HB 343

1	A bill to be entitled
2	An act relating to noncriminal traffic infractions;
3	creating s. 316.0077, F.S.; providing for testing of
4	certain unattended devices used to enforce traffic
5	laws; providing that such devices used to enforce
6	speed limit laws are also subject to specified
7	provisions; providing civil fines for violations;
8	amending s. 318.14, F.S.; specifying that, at a
9	hearing of any charge of a noncriminal traffic
10	infraction, the burden for proving guilt rests with
11	the government entity bringing the charge; specifying
12	that a person may not be compelled to be a witness
13	against himself or herself in any hearing of a
14	noncriminal traffic infraction; specifying that any
15	person charged with a violation that involves a
16	traffic infraction detector or any similar device has
17	the right to confront any witnesses against him or
18	her; requiring that evidence obtained from such device
19	must be authenticated in court by certain persons who
20	must appear in person and offer direct testimony and
21	account in writing for any evidence used; providing
22	for witness compensation pursuant to specified
23	provisions; providing that a person receiving a notice
24	of violation involving such device has the option of
25	paying a fine or requesting a hearing without further
26	issuance of a traffic citation and may not be charged
27	a surcharge for requesting the hearing; providing that
28	there shall be no prosecution of a traffic infraction
29	based upon evidence from such device and a notice of
30	violation or citation based on such device is void
31	unless the device has passed specified accuracy test;
32	providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 316.0077, Florida Statutes, is created
37	to read:
38	316.0077  Unattended traffic law enforcement devices.-
39	(1)(a)  Any traffic infraction detector or similar
40	unattended device used to enforce the traffic laws of this state
41	must be tested for accuracy at least once every 6 months. Such
42	accuracy test shall consist of, at a minimum:
43	1.  The length of time a traffic control device monitored
44	by the detector or similar device exhibits a yellow signal, if
45	applicable.
46	2.  The amount of time elapsed, in milliseconds, between
47	the alleged violation and the capturing of any photograph or
48	video.
49	3.  Real-time verification that the vehicle or device used
50	for the accuracy test provides a valid test of the response of
51	the traffic infraction detector or similar unattended device
52	used to enforce the traffic laws of this state to an actual
53	potential violator.
54	(b)  Any traffic infraction detector or other unattended
55	device used to enforce the unlawful speed laws of this state is
56	also subject to s. 316.1905.
57	(2)  The accuracy checks shall be random and unannounced
58	and conducted by a private company that does not have any
59	interest in the outcome of the accuracy check. A government
60	agency or company that gives away, leases, or sells traffic
61	infraction detectors or similar unattended devices used to
62	enforce the traffic laws of this state or any affiliate of such
63	company may not perform the accuracy check. Any company
64	operating a traffic infraction detector or similar unattended
65	device used to enforce the traffic laws of this state shall
66	provide access and cooperation for the accuracy check, shall pay
67	the costs of the accuracy check, and may not charge for access.
68	(3)  A person engaged in the process of an accuracy check
69	does not commit a violation of this chapter unless the check is
70	conducted in a reckless manner.
71	(4)  A government agency or a company that operates, gives
72	away, leases, or sells traffic infraction detectors or similar
73	unattended devices used to enforce the traffic laws of this
74	state that violates this section shall pay a civil fine of not
75	less than $500 per incident to the person aggrieved.
76	Section 2.  Subsection (6) of section 318.14, Florida
77	Statutes, is amended to read:
78	318.14  Noncriminal traffic infractions; exception;
79	procedures.-
80	(6)(a)  The commission of a charged infraction at a hearing
81	under this chapter must be proved beyond a reasonable doubt.
82	(b)  Notwithstanding any law to the contrary, in any
83	hearing of a charge of a noncriminal traffic infraction, the
84	burden of proving guilt rests upon the government entity
85	bringing the charge. A person appearing in any such hearing may
86	not be compelled to be a witness against himself or herself.
87	(c)  Notwithstanding any law to the contrary, in any
88	prosecution involving a traffic infraction detector or similar
89	unattended device used to enforce traffic laws of this state, a
90	person so charged has the right to confront the witnesses
91	against him or her. Any evidence obtained from such device must
92	be authenticated in court by the person receiving or processing
93	such evidence, any person having reviewed such evidence in order
94	to make a decision to file a notice of violation, and any person
95	that issued the notice of violation or traffic citation. An
96	affidavit is not sufficient to authenticate such evidence, and
97	such evidence must be accounted for in writing from the time of
98	the alleged violation until the issuance of a notice of
99	violation or traffic citation. Compensation of any witness for
100	the prosecution shall be provided as required in s. 92.143.
101	(d)  Notwithstanding any law to the contrary, a person
102	receiving a notice of violation involving a traffic infraction
103	detector or similar unattended device used to enforce traffic
104	laws of this state has the option of requesting a hearing or
105	paying a fine. If the person so charged requests a hearing, no
106	payment or fee may be required prior to conviction and no
107	further traffic citations may be issued to such person based on
108	the violation for which a hearing was requested.
109	(e)  There shall be no prosecution of a charge for an
110	alleged violation based on evidence from a traffic infraction
111	detector or similar unattended device used to enforce traffic
112	laws of this state, and a notice of violation or citation based
113	on such device is void unless the device has passed the accuracy
114	test specified in s. 316.0077.
115	Section 3.  This act shall take effect upon becoming a law.

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