Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1342
Barcode 913514
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/25/2013 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Transportation (Clemens) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1) and (2) of section 316.0083,
6 Florida Statutes, are amended, and subsection (5) is added to
7 that section, to read:
8 316.0083 Mark Wandall Traffic Safety Program;
9 administration; report.—
10 (1)(a) For purposes of administering this section, the
11 department, a county, or a municipality may authorize a traffic
12 infraction enforcement officer under s. 316.640 to issue a
13 traffic citation for a violation of s. 316.074(1) or s.
14 316.075(1)(c)1. A notice of violation and a traffic citation may
15 not be issued for failure to stop at a red light if the driver
16 is making a right-hand turn in a careful and prudent manner at
17 an intersection where right-hand turns are permissible. This
18 paragraph does not prohibit a review of information from a
19 traffic infraction detector by an authorized employee or agent
20 of the department, a county, or a municipality before issuance
21 of the traffic citation by the traffic infraction enforcement
22 officer. This paragraph does not prohibit the department, a
23 county, or a municipality from issuing notification as provided
24 in paragraph (b) to the registered owner of the motor vehicle or
25 to another person identified as having care, custody, and
26 control of the motor vehicle involved in the violation of s.
27 316.074(1) or s. 316.075(1)(c)1.
28 (b)1.a. Within 30 days after a violation, notification must
29 be sent to the registered owner of the motor vehicle involved in
30 the violation specifying the remedies available under s. 318.14
31 and that the violator must pay the penalty of $158 to the
32 department, county, or municipality, or furnish an affidavit in
33 accordance with paragraph (d), within 30 days following the date
34 of the notification in order to avoid court fees, costs, and the
35 issuance of a traffic citation. The notification shall be sent
36 by first-class mail.
37 b. Included with the notification to the registered owner
38 of the motor vehicle involved in the infraction must be a notice
39 that the owner has the right to review the photographic or
40 electronic images or the streaming video evidence that
41 constitutes a rebuttable presumption against the owner of the
42 vehicle. The notice must state the time and place or Internet
43 location where the evidence may be examined and observed.
44 2. Penalties assessed and collected by the department,
45 county, or municipality authorized to collect the funds provided
46 for in this paragraph, less the amount retained by the county or
47 municipality pursuant to subparagraph 3., shall be paid to the
48 Department of Revenue weekly. Payment by the department, county,
49 or municipality to the state shall be made by means of
50 electronic funds transfers. In addition to the payment, summary
51 detail of the penalties remitted shall be reported to the
52 Department of Revenue.
53 3. Penalties to be assessed and collected by the
54 department, county, or municipality are as follows:
55 a. One hundred fifty-eight dollars for a violation of s.
56 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
57 stop at a traffic signal if enforcement is by the department’s
58 traffic infraction enforcement officer. One hundred dollars
59 shall be remitted to the Department of Revenue for deposit into
60 the General Revenue Fund, $10 shall be remitted to the
61 Department of Revenue for deposit into the Department of Health
62 Emergency Medical Services Trust Fund, $3 shall be remitted to
63 the Department of Revenue for deposit into the Brain and Spinal
64 Cord Injury Trust Fund, and $45 shall be distributed to the
65 municipality in which the violation occurred, or, if the
66 violation occurred in an unincorporated area, to the county in
67 which the violation occurred. Funds deposited into the
68 Department of Health Emergency Medical Services Trust Fund under
69 this sub-subparagraph shall be distributed as provided in s.
70 395.4036(1). Proceeds of the infractions in the Brain and Spinal
71 Cord Injury Trust Fund shall be distributed quarterly to the
72 Miami Project to Cure Paralysis and shall be used for brain and
73 spinal cord research.
74 b. One hundred fifty-eight dollars for a violation of s.
75 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
76 stop at a traffic signal if enforcement is by a county or
77 municipal traffic infraction enforcement officer. Seventy
78 dollars shall be remitted by the county or municipality to the
79 Department of Revenue for deposit into the General Revenue Fund,
80 $10 shall be remitted to the Department of Revenue for deposit
81 into the Department of Health Emergency Medical Services Trust
82 Fund, $3 shall be remitted to the Department of Revenue for
83 deposit into the Brain and Spinal Cord Injury Trust Fund, and
84 $75 shall be retained by the county or municipality enforcing
85 the ordinance enacted pursuant to this section. Funds deposited
86 into the Department of Health Emergency Medical Services Trust
87 Fund under this sub-subparagraph shall be distributed as
88 provided in s. 395.4036(1). Proceeds of the infractions in the
89 Brain and Spinal Cord Injury Trust Fund shall be distributed
90 quarterly to the Miami Project to Cure Paralysis and shall be
91 used for brain and spinal cord research.
92 4. An individual may not receive a commission from any
93 revenue collected from violations detected through the use of a
94 traffic infraction detector. A manufacturer or vendor may not
95 receive a fee or remuneration based upon the number of
96 violations detected through the use of a traffic infraction
97 detector.
98 (c)1.a. A traffic citation issued under this section shall
99 be issued by mailing the traffic citation by certified mail to
100 the address of the registered owner of the motor vehicle
101 involved in the violation when payment has not been made within
102 30 days after notification under subparagraph (b)1.
103 b. Mailing Delivery of the traffic citation constitutes
104 notification under this paragraph. If the registered owner or
105 the person designated as having care, custody, and control of
106 the motor vehicle at the time of the violation, or a duly
107 authorized representative thereof, is present at any proceeding
108 pursuant to this section, such person waives any challenge or
109 dispute as to notification of the citation.
110 c. In the case of joint ownership of a motor vehicle, the
111 traffic citation shall be mailed to the first name appearing on
112 the registration, unless the first name appearing on the
113 registration is a business organization, in which case the
114 second name appearing on the registration may be used.
115 d. The traffic citation shall be mailed to the registered
116 owner of the motor vehicle involved in the violation no later
117 than 60 days after the date of the violation.
118 2. Included with the notification to the registered owner
119 of the motor vehicle involved in the infraction shall be a
120 notice that the owner has the right to review, either in person
121 or remotely, the photographic or electronic images or the
122 streaming video evidence that constitutes a rebuttable
123 presumption against the owner of the vehicle. The notice must
124 state the time and place or Internet location where the evidence
125 may be examined and observed.
126 (d)1. The owner of the motor vehicle involved in the
127 violation is responsible and liable for paying the uniform
128 traffic citation issued for a violation of s. 316.074(1) or s.
129 316.075(1)(c)1. when the driver failed to stop at a traffic
130 signal, unless the owner can establish that:
131 a. The motor vehicle passed through the intersection in
132 order to yield right-of-way to an emergency vehicle or as part
133 of a funeral procession;
134 b. The motor vehicle passed through the intersection at the
135 direction of a law enforcement officer;
136 c. The motor vehicle was, at the time of the violation, in
137 the care, custody, or control of another person;
138 d. A uniform traffic citation was issued by a law
139 enforcement officer to the driver of the motor vehicle for the
140 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
141 e. The motor vehicle’s owner was deceased on or before the
142 date that the uniform traffic citation was issued, as
143 established by an affidavit submitted by the representative of
144 the motor vehicle owner’s estate or other designated person or
145 family member.
146 2. In order to establish such facts, the owner of the motor
147 vehicle shall, within 30 days after the date of issuance of the
148 traffic citation, furnish to the appropriate governmental entity
149 an affidavit setting forth detailed information supporting an
150 exemption as provided in this paragraph.
151 a. An affidavit supporting an exemption under sub
152 subparagraph 1.c. must include the name, address, date of birth,
153 and, if known, the driver license number of the person who
154 leased, rented, or otherwise had care, custody, or control of
155 the motor vehicle at the time of the alleged violation. If the
156 vehicle was stolen at the time of the alleged offense, the
157 affidavit must include the police report indicating that the
158 vehicle was stolen.
159 b. If a traffic citation for a violation of s. 316.074(1)
160 or s. 316.075(1)(c)1. was issued at the location of the
161 violation by a law enforcement officer, the affidavit must
162 include the serial number of the uniform traffic citation.
163 c. If the motor vehicle’s owner to whom a traffic citation
164 has been issued is deceased, the affidavit must include a
165 certified copy of the owner’s death certificate showing that the
166 date of death occurred on or before the issuance of the uniform
167 traffic citation and one of the following:
168 (I) A bill of sale or other document showing that the
169 deceased owner’s motor vehicle was sold or transferred after his
170 or her death, but on or before the date of the alleged
171 violation.
172 (II) Documentary proof that the registered license plate
173 belonging to the deceased owner’s vehicle was returned to the
174 department or any branch office or authorized agent of the
175 department, but on or before the date of the alleged violation.
176 (III) A copy of a police report showing that the deceased
177 owner’s registered license plate or motor vehicle was stolen
178 after the owner’s death, but on or before the date of the
179 alleged violation.
180
181 Upon receipt of the affidavit and documentation required under
182 this sub-subparagraph, the governmental entity must dismiss the
183 citation and provide proof of such dismissal to the person that
184 submitted the affidavit.
185 3. Upon receipt of an affidavit, the person designated as
186 having care, custody, and control of the motor vehicle at the
187 time of the violation may be issued a notice of violation
188 pursuant to paragraph (b) traffic citation for a violation of s.
189 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
190 at a traffic signal. The notice of violation may be issued to
191 the person designated by a traffic infraction officer or an
192 agent of the department, county, or municipality in the
193 affidavit as having care, custody, and control of the motor
194 vehicle at the time of the violation. The affidavit is
195 admissible in a proceeding pursuant to this section for the
196 purpose of providing proof that the person identified in the
197 affidavit was in actual care, custody, or control of the motor
198 vehicle. The owner of a leased vehicle for which a traffic
199 citation is issued for a violation of s. 316.074(1) or s.
200 316.075(1)(c)1. when the driver failed to stop at a traffic
201 signal is not responsible for paying the traffic citation and is
202 not required to submit an affidavit as specified in this
203 subsection if the motor vehicle involved in the violation is
204 registered in the name of the lessee of such motor vehicle.
205 4. Paragraphs (b) and (c) apply to the person identified on
206 the affidavit, except that the notification under sub
207 subparagraph (b)1.a. must be sent within 30 days after receipt
208 of an affidavit and the traffic citation mailed pursuant to sub
209 subparagraph (c)1.d. must be mailed no later than 30 days after
210 the date the notification of violation is mailed.
211 5.4. The submission of a false affidavit is a misdemeanor
212 of the second degree, punishable as provided in s. 775.082 or s.
213 775.083.
214 (e) The photographic or electronic images or streaming
215 video attached to or referenced in the traffic citation is
216 evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
217 when the driver failed to stop at a traffic signal has occurred
218 and is admissible in any proceeding to enforce this section and
219 raises a rebuttable presumption that the motor vehicle named in
220 the report or shown in the photographic or electronic images or
221 streaming video evidence was used in violation of s. 316.074(1)
222 or s. 316.075(1)(c)1. when the driver failed to stop at a
223 traffic signal.
224 (f) Documentation provided by the Department of
225 Transportation which demonstrates that the traffic infraction
226 detection equipment meets the appropriate testing specifications
227 is prima facie evidence of the reliability of the traffic
228 infraction detector. A person raising the reliability of the
229 traffic infraction detector as an affirmative defense to the
230 notice of violation must establish by clear and convincing
231 evidence that the detector did not meet specifications
232 prescribed by the Department of Transportation.
233 (2) A notice of violation and a traffic citation may not be
234 issued for failure to stop at a red light if the driver is
235 making a right-hand turn in a careful and prudent manner at an
236 intersection where right-hand turns are permissible.
237 (a) A notice of violation or traffic citation for failure
238 to stop at a red light before making a right-hand turn may be
239 issued at the discretion of the reviewing traffic infraction
240 enforcement officer, as if the citation had been issued by an
241 officer at an intersection. When examining evidence for
242 violations under this subsection, a traffic infraction
243 enforcement officer shall consider one or more of the following
244 factors that would indicate the turn was not made in a careful
245 or prudent manner:
246 1. The operator of the motor vehicle failed to yield to a
247 pedestrian or bicyclist.
248 2. The operator of the motor vehicle put a pedestrian or
249 bicyclist in danger of injury.
250 3. The operator of the motor vehicle failed to yield to
251 another vehicle or oncoming traffic.
252 4. The operator of the motor vehicle did not substantially
253 reduce the speed of the motor vehicle before making the right
254 hand turn movement. For violations of this factor, the reviewing
255 officer must approximate that the speed of the turn was made in
256 excess of 10 miles per hour.
257 (b) A citation may not be issued under this subsection if
258 the driver of the vehicle came to a complete stop before turning
259 right, when permissible at a red light, but failed to stop
260 before the point at which a stop is required.
261 (c) A county or municipality that installs a traffic
262 infraction detector at an intersection shall install a sign
263 notifying the public that a traffic infraction detector is in
264 use at that intersection. Such signage must specifically include
265 notification of camera enforcement of violations for right turns
266 at that intersection. Such signage must meet the specifications
267 for uniform signals and devices adopted by the Department of
268 Transportation. Counties and municipalities must be in
269 compliance with this subsection by January 1, 2014.
270 Section 2. Present subsection (4) of section 316.075,
271 Florida Statutes, is amended and redesignated as subsection (5),
272 and a new subsection (4) is added to that section, to read:
273 316.075 Traffic control signal devices.—
274 (4)(a) Before installing a traffic infraction detector at
275 an intersection, each jurisdiction shall establish a minimum
276 measured yellow light-change interval for the designated
277 intersection. The interval shall be developed in accordance with
278 engineering standards established in the Institute of
279 Transportation Engineers Traffic Engineering Handbook, as
280 adopted by the Department of Transportation. The interval
281 established by the jurisdiction may not be less than the
282 recognized national minimum standard. The Department of
283 Transportation shall adopt the latest edition of the Institute
284 of Transportation Engineers Engineering Handbook for use in
285 compliance with this subsection.
286 (b) To ensure compliance with this section, a jurisdiction
287 issuing a notice of violation under s. 316.0083 shall include in
288 the notice the length of the yellow light-change interval during
289 the signal phase of the traffic control signal immediately
290 before the violation or shall maintain for inspection the
291 records of the most recent programmed intervals.
292 (c) Unless each notice of violation for a particular
293 approach states the length of the yellow light duration, the
294 yellow light-change interval shall be tested at least once
295 during every calendar year beginning in 2013. A traffic
296 infraction detector that monitors a traffic signal that is not
297 in compliance with Institute of Transportation Engineers Traffic
298 Engineering Handbook standards, as adopted by the Department of
299 Transportation, shall be disabled until that signal is brought
300 into compliance with the standards.
301 (d) Issuance of a notice stating the length of the yellow
302 light duration, or annual testing of the yellow light-change
303 interval time pursuant to this subsection, establishes a
304 presumption that the yellow light cycle was operating in
305 compliance with this subsection at the time the violation is
306 alleged to have occurred. A certificate or signed affidavit that
307 shows that the testing of the yellow light-change cycle was
308 completed in compliance with this subsection is admissible as
309 proof of such compliance.
310 (e) A person who raises the length of the yellow light
311 change cycle as an affirmative defense to the notice of
312 violation must establish by clear and convincing evidence that
313 the signal was not operating in compliance with the Institute of
314 Transportation Engineers Traffic Engineering Handbook standards,
315 as adopted by the Department of Transportation.
316 (f) A notice of violation shall not be issued if any part
317 of the automobile was in the intersection when the light was
318 yellow, regardless of whether the light turned red while the
319 automobile was in the intersection.
320 (g) A traffic infraction detector that is operational on
321 July 1, 2013, must be in compliance with this section by January
322 1, 2014.
323 (5)(4) A violation of subsection (1) or subsection (2) this
324 section is a noncriminal traffic infraction, punishable pursuant
325 to chapter 318 as either a pedestrian violation or, if the
326 infraction resulted from the operation of a vehicle, as a moving
327 violation.
328 Section 3. This act shall take effect July 1, 2013.
329
330 ================= T I T L E A M E N D M E N T ================
331 And the title is amended as follows:
332 Delete everything before the enacting clause
333 and insert:
334 A bill to be entitled
335 An act relating to traffic control; amending s.
336 316.0083, F.S., relating to enforcement of specified
337 traffic control signal red light provisions; revising
338 circumstances under which the Department of Highway
339 Safety and Motor Vehicles, a county, or a municipality
340 may not issue a notice of violation or a traffic
341 citation for failing to stop; providing that mailing
342 the traffic citation constitutes notification;
343 providing that a person’s presence or the person’s
344 agent’s presence at any proceeding under this section
345 waives any challenge or dispute as to notification of
346 the citation; revising procedures for disposition upon
347 receipt of an affidavit that the vehicle was in the
348 care, custody, or control of another person;
349 specifying application of specified timeframes for
350 mailing the notice of traffic infraction or the
351 traffic citation; providing for prima facie evidence
352 of reliability of a traffic infraction detector;
353 requiring a person who questions the reliability of
354 the traffic infraction detector to prove by clear and
355 convincing evidence that the detector did not meet
356 required specifications; revising provisions that
357 prohibit issuance of a notice of violation or traffic
358 citation under certain circumstances; providing that a
359 notice of violation or traffic citation for specified
360 violations shall be issued at the discretion of the
361 reviewing traffic infraction enforcement officer;
362 providing criteria for consideration by the officer
363 when examining evidence of a violation; providing an
364 exception; requiring the county or municipality to
365 install signs notifying the public that traffic
366 infraction detectors are in use at specific
367 intersections; specifying requirements for signs;
368 amending s. 316.075, F.S.; requiring each jurisdiction
369 to establish minimum yellow light-change interval
370 times for each intersection designated to receive a
371 traffic infraction detector; requiring that the
372 intervals comply with specified engineering standards;
373 requiring the Department of Transportation to adopt a
374 specified handbook; requiring that the yellow light
375 change interval for each intersection be tested;
376 requiring the notice of a violation to include the
377 length of the yellow light-change interval; requiring
378 a traffic infraction detector that is not in
379 compliance with certain standards be disabled;
380 providing that testing of the yellow light-change
381 interval or issuance of a notice including the length
382 of the yellow light-change interval establishes a
383 presumption of compliance; providing that a person
384 raising the length of the yellow light-change interval
385 as an affirmative defense must prove noncompliance by
386 clear and convincing evidence; establishing the
387 timeframe for compliance; providing an effective date.