Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1342
       
       
       
       
       
       
                                Barcode 913514                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/25/2013           .                                
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       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.