Florida Senate - 2012 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB's 590 & 568
Barcode 588176
596-02885A-12
Proposed Committee Substitute by the Committee on Transportation
1 A bill to be entitled
2 An act relating to noncriminal traffic infractions;
3 amending s. 316.0083, F.S., relating to use of a
4 traffic infraction detector when a driver has failed
5 to stop at a traffic control signal pursuant to
6 specified provisions; revising procedures applied to a
7 person identified by a motor vehicle owner as having
8 care, custody, and control of the vehicle when a
9 violation occurred; providing for notification and
10 citation within certain time periods after receipt of
11 an affidavit from the owner identifying such person;
12 providing that the owner of a motor vehicle involved
13 in a violation is responsible for paying the uniform
14 traffic citation unless the motor vehicle’s owner was
15 deceased on or before the date the uniformed traffic
16 citation was issued; requiring the representative of
17 the deceased owner to submit certain documentation to
18 prove the death of the owner of the vehicle; providing
19 for a traffic citation to be issued at the discretion
20 of the reviewing traffic infraction enforcement
21 officer for failure to stop before making a left-hand
22 turn or right-hand turn where such turn is
23 permissible; specifying factors for the reviewing
24 traffic infraction enforcement officer to consider;
25 requiring that the Department of Highway Safety and
26 Motor Vehicles and counties and municipalities that
27 install a traffic infraction detector to submit a
28 report to the Department of Transportation which
29 provides specified data; amending s. 316.075, F.S.;
30 requiring the establishment of minimum yellow light
31 change interval times for intersections where traffic
32 infraction detectors are used; requiring notices of
33 violation for violations at such intersections to
34 contain specific information regarding the yellow
35 light times; providing that such notices establish a
36 presumption; requiring testing to such traffic control
37 signals; requiring such signals to comply with certain
38 standards; requiring that certain detectors be in
39 compliance with the act by a specified date; amending
40 s. 316.0776, F.S.; revising provisions to conform to
41 changes made by the act; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsections (1) and (2) of section 316.0083,
46 Florida Statutes, are amended, and subsection (5) is added to
47 that section, to read:
48 316.0083 Mark Wandall Traffic Safety Program;
49 administration; report.—
50 (1)(a) For purposes of administering this section, the
51 department, a county, or a municipality may authorize a traffic
52 infraction enforcement officer under s. 316.640 to issue a
53 traffic citation for a violation of s. 316.074(1) or s.
54 316.075(1)(c)1. A notice of violation and a traffic citation may
55 not be issued for failure to stop at a red light if the driver
56 is making a right-hand turn in a careful and prudent manner at
57 an intersection where right-hand turns are permissible. This
58 paragraph does not prohibit a review of information from a
59 traffic infraction detector by an authorized employee or agent
60 of the department, a county, or a municipality before issuance
61 of the traffic citation by the traffic infraction enforcement
62 officer. This paragraph does not prohibit the department, a
63 county, or a municipality from issuing notification as provided
64 in paragraph (b) to the registered owner of the motor vehicle or
65 to another person identified as having care, custody, and
66 control of the motor vehicle involved in the violation of s.
67 316.074(1) or s. 316.075(1)(c)1.
68 (b)1.a. Within 30 days after a violation, notification must
69 be sent to the registered owner of the motor vehicle involved in
70 the violation specifying the remedies available under s. 318.14
71 and that the violator must pay the penalty of $158 to the
72 department, county, or municipality, or furnish an affidavit in
73 accordance with paragraph (d), within 30 days following the date
74 of the notification in order to avoid court fees, costs, and the
75 issuance of a traffic citation. The notification shall be sent
76 by first-class mail.
77 b. Included with the notification to the registered owner
78 of the motor vehicle involved in the infraction must be a notice
79 that the owner has the right to review the photographic or
80 electronic images or the streaming video evidence that
81 constitutes a rebuttable presumption against the owner of the
82 vehicle. The notice must state the time and place or Internet
83 location where the evidence may be examined and observed.
84 2. Penalties assessed and collected by the department,
85 county, or municipality authorized to collect the funds provided
86 for in this paragraph, less the amount retained by the county or
87 municipality pursuant to subparagraph 3., shall be paid to the
88 Department of Revenue weekly. Payment by the department, county,
89 or municipality to the state shall be made by means of
90 electronic funds transfers. In addition to the payment, summary
91 detail of the penalties remitted shall be reported to the
92 Department of Revenue.
93 3. Penalties to be assessed and collected by the
94 department, county, or municipality are as follows:
95 a. One hundred fifty-eight dollars for a violation of s.
96 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
97 stop at a traffic signal if enforcement is by the department’s
98 traffic infraction enforcement officer. One hundred dollars
99 shall be remitted to the Department of Revenue for deposit into
100 the General Revenue Fund, $10 shall be remitted to the
101 Department of Revenue for deposit into the Department of Health
102 Administrative Trust Fund, $3 shall be remitted to the
103 Department of Revenue for deposit into the Brain and Spinal Cord
104 Injury Trust Fund, and $45 shall be distributed to the
105 municipality in which the violation occurred, or, if the
106 violation occurred in an unincorporated area, to the county in
107 which the violation occurred. Funds deposited into the
108 Department of Health Administrative Trust Fund under this sub
109 subparagraph shall be distributed as provided in s. 395.4036(1).
110 Proceeds of the infractions in the Brain and Spinal Cord Injury
111 Trust Fund shall be distributed quarterly to the Miami Project
112 to Cure Paralysis and shall be used for brain and spinal cord
113 research.
114 b. One hundred fifty-eight dollars for a violation of s.
115 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
116 stop at a traffic signal if enforcement is by a county or
117 municipal traffic infraction enforcement officer. Seventy
118 dollars shall be remitted by the county or municipality to the
119 Department of Revenue for deposit into the General Revenue Fund,
120 $10 shall be remitted to the Department of Revenue for deposit
121 into the Department of Health Administrative Trust Fund, $3
122 shall be remitted to the Department of Revenue for deposit into
123 the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
124 retained by the county or municipality enforcing the ordinance
125 enacted pursuant to this section. Funds deposited into the
126 Department of Health Administrative Trust Fund under this sub
127 subparagraph shall be distributed as provided in s. 395.4036(1).
128 Proceeds of the infractions in the Brain and Spinal Cord Injury
129 Trust Fund shall be distributed quarterly to the Miami Project
130 to Cure Paralysis and shall be used for brain and spinal cord
131 research.
132 4. An individual may not receive a commission from any
133 revenue collected from violations detected through the use of a
134 traffic infraction detector. A manufacturer or vendor may not
135 receive a fee or remuneration based upon the number of
136 violations detected through the use of a traffic infraction
137 detector.
138 (c)1.a. A traffic citation issued under this section shall
139 be issued by mailing the traffic citation by certified mail to
140 the address of the registered owner of the motor vehicle
141 involved in the violation when payment has not been made within
142 30 days after notification under subparagraph (b)1.
143 b. Delivery of the traffic citation constitutes
144 notification under this paragraph.
145 c. In the case of joint ownership of a motor vehicle, the
146 traffic citation shall be mailed to the first name appearing on
147 the registration, unless the first name appearing on the
148 registration is a business organization, in which case the
149 second name appearing on the registration may be used.
150 d. The traffic citation shall be mailed to the registered
151 owner of the motor vehicle involved in the violation no later
152 than 60 days after the date of the violation.
153 2. Included with the notification to the registered owner
154 of the motor vehicle involved in the infraction shall be a
155 notice that the owner has the right to review, either in person
156 or remotely, the photographic or electronic images or the
157 streaming video evidence that constitutes a rebuttable
158 presumption against the owner of the vehicle. The notice must
159 state the time and place or Internet location where the evidence
160 may be examined and observed.
161 (d)1. The owner of the motor vehicle involved in the
162 violation is responsible and liable for paying the uniform
163 traffic citation issued for a violation of s. 316.074(1) or s.
164 316.075(1)(c)1. when the driver failed to stop at a traffic
165 signal, unless the owner can establish that:
166 a. The motor vehicle passed through the intersection in
167 order to yield right-of-way to an emergency vehicle or as part
168 of a funeral procession;
169 b. The motor vehicle passed through the intersection at the
170 direction of a law enforcement officer;
171 c. The motor vehicle was, at the time of the violation, in
172 the care, custody, or control of another person; or
173 d. A uniform traffic citation was issued by a law
174 enforcement officer to the driver of the motor vehicle for the
175 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or.
176 e. The motor vehicle’s owner was deceased on or before the
177 date the uniformed traffic citation was issued, as established
178 by an affidavit submitted by the representative of the motor
179 vehicle owner’s estate, or other designated person or family
180 member.
181 2. In order to establish such facts, the owner of the motor
182 vehicle shall, within 30 days after the date of issuance of the
183 traffic citation, furnish to the appropriate governmental entity
184 an affidavit setting forth detailed information supporting an
185 exemption as provided in this paragraph.
186 a. An affidavit supporting an exemption under sub
187 subparagraph 1.c. must include the name, address, date of birth,
188 and, if known, the driver driver’s license number of the person
189 who leased, rented, or otherwise had care, custody, or control
190 of the motor vehicle at the time of the alleged violation. If
191 the 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. 316.074(1)
195 or s. 316.075(1)(c)1. was issued at the location of the
196 violation by a law enforcement officer, the affidavit must
197 include the serial number of the uniform traffic citation.
198 c. If the motor vehicle’s owner to whom a traffic citation
199 has been issued is deceased, the affidavit must include a
200 certified copy of the owner’s death certificate showing the date
201 of death occurred on or before the issuance of the uniform
202 traffic citation. Upon receipt of the death certificate, the
203 governmental entity must dismiss the citation and provide proof
204 of such dismissal to the affiant.
205 3. Upon receipt of an affidavit, the person designated as
206 having care, custody, and control of the motor vehicle at the
207 time of the violation may be issued a notice of violation
208 pursuant to paragraph (b) traffic citation for a violation of s.
209 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
210 at a traffic signal. The affidavit is admissible in a proceeding
211 pursuant to this section for the purpose of providing proof that
212 the person identified in the affidavit was in actual care,
213 custody, or control of the motor vehicle. The owner of a leased
214 vehicle for which a traffic citation is issued for a violation
215 of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
216 stop at a traffic signal is not responsible for paying the
217 traffic citation and is not required to submit an affidavit as
218 specified in this subsection if the motor vehicle involved in
219 the violation is registered in the name of the lessee of such
220 motor vehicle.
221 4. Paragraphs (b) and (c) apply to the person identified on
222 the affidavit, except that the notification under sub
223 subparagraph (b)1.a. must be sent within 30 days after receipt
224 of an affidavit and the traffic citation mailed pursuant to sub
225 subparagraph (c)1.d. must be mailed no later than 60 days after
226 the date of receipt of an affidavit.
227 5.4. The submission of a false affidavit is a misdemeanor
228 of the second degree, punishable as provided in s. 775.082 or s.
229 775.083.
230 (e) The photographic or electronic images or streaming
231 video attached to or referenced in the traffic citation is
232 evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
233 when the driver failed to stop at a traffic signal has occurred
234 and is admissible in any proceeding to enforce this section and
235 raises a rebuttable presumption that the motor vehicle named in
236 the report or shown in the photographic or electronic images or
237 streaming video evidence was used in violation of s. 316.074(1)
238 or s. 316.075(1)(c)1. when the driver failed to stop at a
239 traffic signal.
240 (2) A notice of violation and a traffic citation may not be
241 issued for failure to stop at a red light if the driver is
242 making a right-hand turn in a careful and prudent manner at an
243 intersection where right-hand turns are permissible or when
244 making a left-hand turn in a careful and prudent manner from a
245 one-way street onto a one-way street where left-hand turns are
246 permissible. A notice of violation or traffic citation for
247 failure to stop at a red light before making a right or left
248 turn shall be issued at the discretion of the reviewing traffic
249 infraction enforcement officer, as if the citation had been
250 issued by an officer at an intersection. When examining evidence
251 for violations under this subsection, a traffic infraction
252 enforcement officer shall consider one or more of the following
253 factors that would indicate the turn was not made in careful or
254 prudent manner:
255 (a) The operator of the motor vehicle failed to yield to a
256 pedestrian or bicyclist;
257 (b) The operator of the motor vehicle put a pedestrian or
258 bicyclist in danger of injury;
259 (c) The operator of the motor vehicle failed to yield to
260 another vehicle or oncoming traffic; or
261 (d) The operator of the motor vehicle commenced the turn in
262 willful or wanton disregard for the safety of person or
263 property.
264
265 A citation may not be issued under this subsection if the driver
266 of the vehicle came to a complete stop before turning right or
267 left when permissible at a red light, but failed to achieve a
268 stop before the point at which a stop is required.
269 (5) Within 15 months or when 1 year of data is available
270 following the date of installation of a traffic infraction
271 detector, the department, each county, or each municipality
272 shall submit a report to the Department of Transportation which
273 includes a comparison and analysis of:
274 (a) Month-to-month violations of ss. 316.074(1) and
275 316.075(1)(c)1. which occur at the intersections where traffic
276 infraction detectors are enforcing the law to stop at a red
277 light; and
278 (b) The number and type of related traffic collisions that
279 occur at each intersection prior to and after the use of traffic
280 infraction detectors.
281
282 The report shall also describe instances when camera results are
283 not used and other data, such as traffic crash reports, are used
284 in the comparison and analysis by the department, county, or
285 municipality.
286 Section 2. Subsection (4) of section 316.075, Florida
287 Statutes, is amended, and subsection (5) is added to that
288 section, to read:
289 316.075 Traffic control signal devices.—
290 (4) A violation of subsection (1) or subsection (2) this
291 section is a noncriminal traffic infraction, punishable pursuant
292 to chapter 318 as either a pedestrian violation or, if the
293 infraction resulted from the operation of a vehicle, as a moving
294 violation.
295 (5)(a) Before initiating the use of a traffic infraction
296 detector for any intersection approach pursuant to s. 316.0083,
297 each jurisdiction shall establish minimum yellow light change
298 interval time for the designated intersection approach in
299 accordance with engineering standards set forth in the Institute
300 of Transportation Engineers Traffic Engineering Handbook, as
301 adopted by the Department of Transportation, and any such
302 established time may not be less than the recognized national
303 minimum standard. The Department of Transportation shall adopt
304 the latest edition of Institute of Transportation Engineers
305 Traffic Engineering Handbook for use in compliance with this
306 subsection.
307 (b) A jurisdiction issuing a notice of violation sent
308 pursuant to s. 316.0083, must include the length of the yellow
309 light time during the signal phase of the traffic control signal
310 immediately before the violation on the notice or must maintain
311 records of the most recent programmed yellow intervals for
312 inspection in order to ensure compliance with this subsection.
313 (c) Unless each notice of violation for a particular
314 approach states the length of the yellow light duration, the
315 yellow light interval shall be tested at least once during every
316 calendar year beginning in 2013. A traffic infraction detector
317 monitoring a traffic signal that is not in compliance with the
318 Institute of Transportation Engineers Traffic Engineering
319 Handbook standards, as adopted by the Department of
320 Transportation, shall be disabled until that signal is brought
321 into compliance with the standards.
322 (d) Issuance of a notice stating the length of the yellow
323 light duration, or annual testing of the yellow light change
324 interval time according to this subsection, establishes a
325 presumption that the yellow light cycle was operating in
326 compliance with this subsection at the time the violation is
327 alleged to have occurred. Production of a certificate, or a
328 signed affidavit, showing that the yellow light cycle was tested
329 in compliance with this subsection, establishes a presumption
330 that the testing of the yellow light cycle was completed in
331 compliance with this subsection and the certificate or affidavit
332 is admissible as proof of such compliance.
333 (e) A person raising the length of the yellow light cycle
334 as an affirmative defense to the notice of violation must
335 establish by clear and convincing evidence that the signal was
336 not operating in compliance with the Institute of Transportation
337 Engineers Traffic Engineering Handbook standards, as adopted by
338 the Department of Transportation.
339 (f) A traffic infraction detector that is operational on
340 July 1, 2012, must be in compliance with this section by January
341 1, 2013.
342 Section 3. Paragraph (a) of subsection (2) of section
343 316.0776, Florida Statutes, is amended to read:
344 316.0776 Traffic infraction detectors; placement and
345 installation.—
346 (2)(a) If the department, county, or municipality installs
347 a traffic infraction detector at an intersection, the
348 department, county, or municipality shall notify the public that
349 a traffic infraction device may be in use at that intersection
350 and must specifically include notification of camera enforcement
351 of violations concerning right turns. Such signage used to
352 notify the public must meet the specifications for uniform
353 signals and devices adopted by the Department of Transportation
354 pursuant to s. 316.0745.
355 Section 4. This act shall take effect July 1, 2012.