Florida Senate - 2013                                    SB 1342
       
       
       
       By Senator Abruzzo
       
       
       
       
       25-01299B-13                                          20131342__
    1                        A bill to be entitled                      
    2         An act relating to traffic control; amending s.
    3         316.0083, F.S.; revising provisions for enforcement of
    4         specified provisions using a traffic infraction
    5         detector; prohibiting a notice of violation or a
    6         traffic citation for a right-on-red violation under
    7         specified provisions; revising notification
    8         requirements; revising procedures for disposition upon
    9         notice of violation; providing that initiating a
   10         proceeding to challenge the delivery or attempted
   11         delivery of the notice of violation or a citation
   12         waives any challenge or dispute as to delivery;
   13         revising provisions for issuance of a citation;
   14         revising provisions for enforcement when a person
   15         other than the owner is designated as having care,
   16         custody, or control of the motor vehicle at the time
   17         of the violation; providing that specified provisions
   18         for notice of violation apply to such designated
   19         person; specifying that the burden of proving guilt
   20         rests upon the governmental entity bringing the charge
   21         and that a person may not be compelled to be a witness
   22         against himself or herself; specifying that, in any
   23         hearing involving a traffic infraction detector or
   24         similar unattended device, each person so charged has
   25         the right to confront the witnesses against him or
   26         her; providing procedures for presentation and
   27         authentication of evidence relating to a traffic
   28         infraction detector or similar unattended device;
   29         specifying requirements for compensation of witnesses
   30         for the prosecution; amending s. 316.075, F.S.;
   31         requiring traffic control signals to maintain certain
   32         signal intervals and display durations based on posted
   33         speeds; providing that a citation for specified
   34         violations shall be dismissed if the traffic control
   35         signal does not meet specified requirements; providing
   36         dates for intersections to meet such requirements;
   37         providing penalties for violation by a local
   38         governmental entity; providing for dismissal of
   39         citations issued at certain nonconforming
   40         intersections and refund of penalties collected
   41         pursuant to such citations; providing an effective
   42         date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsections (1) and (2) of section 316.0083,
   47  Florida Statutes, are amended 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. Neither a notice of violation nor and a traffic
   55  citation may not be issued under this section for a right-on-red
   56  violation for failure to stop at a red light if the driver is
   57  making a right-hand turn in a careful and prudent manner at an
   58  intersection where right-hand turns are permissible. This
   59  paragraph does not prohibit a review of information from a
   60  traffic infraction detector by an authorized employee or agent
   61  of the department, a county, or a municipality before issuance
   62  of the traffic citation by the traffic infraction enforcement
   63  officer. This paragraph does not prohibit the department, a
   64  county, or a municipality from issuing notification as provided
   65  in paragraph (b) to the registered owner of the motor vehicle or
   66  to another person identified as having care, custody, or control
   67  of the motor vehicle involved in the violation of s. 316.074(1)
   68  or s. 316.075(1)(c)1. unless the notification is for a right-on
   69  red violation.
   70         (b)1.a. Within 30 days after a violation, notification must
   71  be sent to the registered owner of the motor vehicle involved in
   72  the violation specifying the remedies available under s. 318.14
   73  and that the violator must pay the penalty of $158 to the
   74  department, county, or municipality, or furnish an affidavit in
   75  accordance with paragraph (d), or request a hearing, within 30
   76  days following the date of delivery or attempted delivery of the
   77  notification in order to avoid court fees, costs, and the
   78  issuance of a traffic citation. The notification shall be sent
   79  by certified first-class mail.
   80         b. Included with the notification to the registered owner
   81  of the motor vehicle involved in the infraction must be a notice
   82  that the owner has the right to review the photographic or
   83  electronic images or the streaming video evidence that
   84  constitutes a rebuttable presumption against the owner of the
   85  vehicle. The notice must state the time and place or Internet
   86  location where the evidence may be examined and observed.
   87         c. Notwithstanding any other provision of law, a person who
   88  receives a notice of violation under this section shall have the
   89  option of requesting a hearing within 30 days following the date
   90  of delivery or attempted delivery of the notice of violation or
   91  paying the penalty pursuant to the notice of violation, but no
   92  payment or fee may be required before a hearing requested by the
   93  person. For purposes of this subparagraph, the term “person”
   94  includes a natural person, registered owner or coowner of a
   95  motor vehicle, or person identified on an affidavit as having
   96  care, custody, or control of the motor vehicle at the time of
   97  the violation.
   98         d. If the registered owner or coowner of the motor vehicle,
   99  or the person designated as having care, custody, or control of
  100  the motor vehicle at the time of the violation, or a duly
  101  authorized representative of the owner, coowner, or designated
  102  person, initiates a proceeding to challenge the delivery or
  103  attempted delivery of the notice of violation pursuant to this
  104  paragraph, such person waives any challenge or dispute as to
  105  delivery.
  106         2. Penalties assessed and collected by the department,
  107  county, or municipality authorized to collect the funds provided
  108  for in this paragraph, less the amount retained by the county or
  109  municipality pursuant to subparagraph 3., shall be paid to the
  110  Department of Revenue weekly. Payment by the department, county,
  111  or municipality to the state shall be made by means of
  112  electronic funds transfers. In addition to the payment, summary
  113  detail of the penalties remitted shall be reported to the
  114  Department of Revenue.
  115         3. Penalties to be assessed and collected by the
  116  department, county, or municipality are as follows:
  117         a. One hundred fifty-eight dollars for a violation of s.
  118  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  119  stop at a traffic signal if enforcement is by the department’s
  120  traffic infraction enforcement officer. One hundred dollars
  121  shall be remitted to the Department of Revenue for deposit into
  122  the General Revenue Fund, $10 shall be remitted to the
  123  Department of Revenue for deposit into the Department of Health
  124  Emergency Medical Services Trust Fund, $3 shall be remitted to
  125  the Department of Revenue for deposit into the Brain and Spinal
  126  Cord Injury Trust Fund, and $45 shall be distributed to the
  127  municipality in which the violation occurred, or, if the
  128  violation occurred in an unincorporated area, to the county in
  129  which the violation occurred. Funds deposited into the
  130  Department of Health Emergency Medical Services Trust Fund under
  131  this sub-subparagraph shall be distributed as provided in s.
  132  395.4036(1). Proceeds of the infractions in the Brain and Spinal
  133  Cord Injury Trust Fund shall be distributed quarterly to the
  134  Miami Project to Cure Paralysis and shall be used for brain and
  135  spinal cord research.
  136         b. One hundred fifty-eight dollars for a violation of s.
  137  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  138  stop at a traffic signal if enforcement is by a county or
  139  municipal traffic infraction enforcement officer. Seventy
  140  dollars shall be remitted by the county or municipality to the
  141  Department of Revenue for deposit into the General Revenue Fund,
  142  $10 shall be remitted to the Department of Revenue for deposit
  143  into the Department of Health Emergency Medical Services Trust
  144  Fund, $3 shall be remitted to the Department of Revenue for
  145  deposit into the Brain and Spinal Cord Injury Trust Fund, and
  146  $75 shall be retained by the county or municipality enforcing
  147  the ordinance enacted pursuant to this section. Funds deposited
  148  into the Department of Health Emergency Medical Services Trust
  149  Fund under this sub-subparagraph shall be distributed as
  150  provided in s. 395.4036(1). Proceeds of the infractions in the
  151  Brain and Spinal Cord Injury Trust Fund shall be distributed
  152  quarterly to the Miami Project to Cure Paralysis and shall be
  153  used for brain and spinal cord research.
  154         4. An individual may not receive a commission from any
  155  revenue collected from violations detected through the use of a
  156  traffic infraction detector. A manufacturer or vendor may not
  157  receive a fee or remuneration based upon the number of
  158  violations detected through the use of a traffic infraction
  159  detector.
  160         (c)1.a. A traffic citation issued under this section shall
  161  be issued by mailing the traffic citation by certified mail to
  162  the address of the registered owner of the motor vehicle
  163  involved in the violation when payment has not been made within
  164  30 days after the date of delivery or attempted delivery of the
  165  notification under paragraph (b), the registered owner has not
  166  requested a hearing as permitted by paragraph (b), and the
  167  registered owner has not submitted an affidavit under this
  168  section subparagraph (b)1.
  169         b. Delivery or attempted delivery of the traffic citation
  170  constitutes notification under this paragraph. If the registered
  171  owner or coowner of the motor vehicle, or the person designated
  172  as having care, custody, or control of the motor vehicle at the
  173  time of the violation, or a duly authorized representative of
  174  the owner, coowner, or designated person, initiates a proceeding
  175  to challenge the delivery or attempted delivery of the citation
  176  pursuant to this section, such person waives any challenge or
  177  dispute as to delivery.
  178         c. In the case of joint ownership of a motor vehicle, the
  179  traffic citation shall be mailed to the first name appearing on
  180  the registration, unless the first name appearing on the
  181  registration is a business organization, in which case the
  182  second name appearing on the registration may be used.
  183         d. The traffic citation shall be mailed to the registered
  184  owner of the motor vehicle involved in the violation no later
  185  than 60 days after the date of the violation.
  186         2. Included with the notification to the registered owner
  187  of the motor vehicle involved in the infraction shall be a
  188  notice that the owner has the right to review, either in person
  189  or remotely, the photographic or electronic images or the
  190  streaming video evidence that constitutes a rebuttable
  191  presumption against the owner of the vehicle. The notice must
  192  state the time and place or Internet location where the evidence
  193  may be examined and observed.
  194         (d)1. The owner of the motor vehicle involved in the
  195  violation is responsible and liable for paying the uniform
  196  traffic citation issued for a violation of s. 316.074(1) or s.
  197  316.075(1)(c)1. when the driver failed to stop at a traffic
  198  signal, unless the owner can establish that:
  199         a. The motor vehicle passed through the intersection in
  200  order to yield right-of-way to an emergency vehicle or as part
  201  of a funeral procession;
  202         b. The motor vehicle passed through the intersection at the
  203  direction of a law enforcement officer;
  204         c. The motor vehicle was, at the time of the violation, in
  205  the care, custody, or control of another person;
  206         d. A uniform traffic citation was issued by a law
  207  enforcement officer to the driver of the motor vehicle for the
  208  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
  209         e. The motor vehicle’s owner was deceased on or before the
  210  date that the uniform traffic citation was issued, as
  211  established by an affidavit submitted by the representative of
  212  the motor vehicle owner’s estate or other designated person or
  213  family member.
  214         2. In order to establish such facts, the owner of the motor
  215  vehicle shall, within 30 days after the date of issuance of the
  216  traffic citation, furnish to the appropriate governmental entity
  217  an affidavit setting forth detailed information supporting an
  218  exemption as provided in this paragraph.
  219         a. An affidavit supporting an exemption under sub
  220  subparagraph 1.c. must include the name, address, date of birth,
  221  and, if known, the driver license number of the person who
  222  leased, rented, or otherwise had care, custody, or control of
  223  the motor vehicle at the time of the alleged violation. If the
  224  vehicle was stolen at the time of the alleged offense, the
  225  affidavit must include the police report indicating that the
  226  vehicle was stolen.
  227         b. If a traffic citation for a violation of s. 316.074(1)
  228  or s. 316.075(1)(c)1. was issued at the location of the
  229  violation by a law enforcement officer, the affidavit must
  230  include the serial number of the uniform traffic citation.
  231         c. If the motor vehicle’s owner to whom a traffic citation
  232  has been issued is deceased, the affidavit must include a
  233  certified copy of the owner’s death certificate showing that the
  234  date of death occurred on or before the issuance of the uniform
  235  traffic citation and one of the following:
  236         (I) A bill of sale or other document showing that the
  237  deceased owner’s motor vehicle was sold or transferred after his
  238  or her death, but on or before the date of the alleged
  239  violation.
  240         (II) Documentary proof that the registered license plate
  241  belonging to the deceased owner’s vehicle was returned to the
  242  department or any branch office or authorized agent of the
  243  department, but on or before the date of the alleged violation.
  244         (III) A copy of a police report showing that the deceased
  245  owner’s registered license plate or motor vehicle was stolen
  246  after the owner’s death, but on or before the date of the
  247  alleged violation.
  248  
  249  Upon receipt of the affidavit and documentation required under
  250  this sub-subparagraph, the governmental entity must dismiss the
  251  citation and provide proof of such dismissal to the person that
  252  submitted the affidavit.
  253         3. Upon receipt of an affidavit, the person designated as
  254  having care, custody, or and control of the motor vehicle at the
  255  time of the violation may be issued a notice of violation
  256  pursuant to paragraph (b) traffic citation for a violation of s.
  257  316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
  258  at a traffic signal. The affidavit is admissible in a proceeding
  259  pursuant to this section for the purpose of providing proof that
  260  the person identified in the affidavit was in actual care,
  261  custody, or control of the motor vehicle. The owner of a leased
  262  vehicle for which a traffic citation is issued for a violation
  263  of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
  264  stop at a traffic signal is not responsible for paying the
  265  traffic citation and is not required to submit an affidavit as
  266  specified in this subsection if the motor vehicle involved in
  267  the violation is registered in the name of the lessee of such
  268  motor vehicle.
  269         4. Paragraphs (b) and (c) apply to the person identified on
  270  the affidavit, except that the notification under sub
  271  subparagraph (b)1.a. must be sent to the person identified on
  272  the affidavit within 30 days after receipt of an affidavit.
  273         5.4. The submission of a false affidavit is a misdemeanor
  274  of the second degree, punishable as provided in s. 775.082 or s.
  275  775.083.
  276         (e) The photographic or electronic images or streaming
  277  video attached to or referenced in the traffic citation is
  278  evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  279  when the driver failed to stop at a traffic signal has occurred
  280  and is admissible in any proceeding to enforce this section and
  281  raises a rebuttable presumption that the motor vehicle named in
  282  the report or shown in the photographic or electronic images or
  283  streaming video evidence was used in violation of s. 316.074(1)
  284  or s. 316.075(1)(c)1. when the driver failed to stop at a
  285  traffic signal.
  286         (f) Notwithstanding any other provision of law, the burden
  287  of proving guilt shall rest upon the governmental entity
  288  bringing the charge under this section. A person appearing in
  289  any hearing under this section may not be compelled to be a
  290  witness against himself or herself.
  291         (g) Notwithstanding any other provision of law, in any
  292  hearing involving a traffic infraction detector or similar
  293  unattended device used to enforce the traffic laws of this
  294  state, each person so charged has the right to confront the
  295  witnesses against him or her. Any evidence obtained from such
  296  device must be authenticated in court by the person receiving or
  297  processing the evidence, any person having reviewed such
  298  evidence in order to make a decision to issue a notice of
  299  violation, and any person who issued the notice of violation or
  300  traffic citation. An affidavit is not sufficient to authenticate
  301  such evidence, and such evidence must be accounted for in
  302  writing from the time of the alleged violation until the
  303  issuance of any notice of violation or traffic citation.
  304  Compensation of any witness for the prosecution shall be as
  305  required in s. 92.143.
  306         (2) Neither a notice of violation nor and a traffic
  307  citation may not be issued under this section for a right-on-red
  308  violation for failure to stop at a red light if the driver is
  309  making a right-hand turn in a careful and prudent manner at an
  310  intersection where right-hand turns are permissible.
  311         Section 2. Section 316.075, Florida Statutes, is amended to
  312  read:
  313         316.075 Traffic control signal devices.—
  314         (1) Except for automatic warning signal lights installed or
  315  to be installed at railroad crossings, whenever traffic,
  316  including municipal traffic, is controlled by traffic control
  317  signals exhibiting different colored lights, or colored lighted
  318  arrows, successively one at a time or in combination, only the
  319  colors green, red, and yellow shall be used, except for special
  320  pedestrian signals carrying a word legend, and the lights shall
  321  indicate and apply to drivers of vehicles and pedestrians as
  322  follows:
  323         (a) Green indication.—
  324         1. Vehicular traffic facing a circular green signal may
  325  proceed cautiously straight through or turn right or left unless
  326  a sign at such place prohibits either such turn. But vehicular
  327  traffic, including vehicles turning right or left, shall yield
  328  the right-of-way to other vehicles and to pedestrians lawfully
  329  within the intersection or an adjacent crosswalk at the time
  330  such signal is exhibited.
  331         2. Vehicular traffic facing a green arrow signal, shown
  332  alone or in combination with another indication, as directed by
  333  the manual, may cautiously enter the intersection only to make
  334  the movement indicated by such arrow, or such other movement as
  335  is permitted by other indications shown at the same time, except
  336  the driver of any vehicle may U-turn, so as to proceed in the
  337  opposite direction unless such movement is prohibited by posted
  338  traffic control signs. Such vehicular traffic shall yield the
  339  right-of-way to pedestrians lawfully within an adjacent
  340  crosswalk and to other traffic lawfully using the intersection.
  341         3. Unless otherwise directed by a pedestrian control signal
  342  as provided in s. 316.0755, pedestrians facing any green signal,
  343  except when the sole green signal is a turn arrow, may proceed
  344  across the roadway within any marked or unmarked crosswalk.
  345         (b) Steady yellow indication.—
  346         1. Vehicular traffic facing a steady yellow signal is
  347  thereby warned that the related green movement is being
  348  terminated or that a red indication will be exhibited
  349  immediately thereafter when vehicular traffic shall not enter
  350  the intersection.
  351         2. Pedestrians facing a steady yellow signal, unless
  352  otherwise directed by a pedestrian control signal as provided in
  353  s. 316.0755, are thereby advised that there is insufficient time
  354  to cross the roadway before a red indication is shown and no
  355  pedestrian shall start to cross the roadway.
  356         (c) Steady red indication.—
  357         1. Vehicular traffic facing a steady red signal shall stop
  358  before entering the crosswalk on the near side of the
  359  intersection or, if none, then before entering the intersection
  360  and shall remain standing until a green indication is shown;
  361  however:
  362         a. The driver of a vehicle which is stopped at a clearly
  363  marked stop line, but if none, before entering the crosswalk on
  364  the near side of the intersection, or, if none then at the point
  365  nearest the intersecting roadway where the driver has a view of
  366  approaching traffic on the intersecting roadway before entering
  367  the intersection in obedience to a steady red signal may make a
  368  right turn, but shall yield the right-of-way to pedestrians and
  369  other traffic proceeding as directed by the signal at the
  370  intersection, except that municipal and county authorities may
  371  prohibit any such right turn against a steady red signal at any
  372  intersection, which prohibition shall be effective when a sign
  373  giving notice thereof is erected in a location visible to
  374  traffic approaching the intersection.
  375         b. The driver of a vehicle on a one-way street that
  376  intersects another one-way street on which traffic moves to the
  377  left shall stop in obedience to a steady red signal, but may
  378  then make a left turn into the one-way street, but shall yield
  379  the right-of-way to pedestrians and other traffic proceeding as
  380  directed by the signal at the intersection, except that
  381  municipal and county authorities may prohibit any such left turn
  382  as described, which prohibition shall be effective when a sign
  383  giving notice thereof is attached to the traffic control signal
  384  device at the intersection.
  385         2.a. The driver of a vehicle facing a steady red signal
  386  shall stop before entering the crosswalk and remain stopped to
  387  allow a pedestrian, with a permitted signal, to cross a roadway
  388  when the pedestrian is in the crosswalk or steps into the
  389  crosswalk and is upon the half of the roadway upon which the
  390  vehicle is traveling or when the pedestrian is approaching so
  391  closely from the opposite half of the roadway as to be in
  392  danger.
  393         b. Unless otherwise directed by a pedestrian control signal
  394  as provided in s. 316.0755, pedestrians facing a steady red
  395  signal shall not enter the roadway.
  396         (2) In the event an official traffic control signal is
  397  erected and maintained at a place other than an intersection,
  398  the provisions of this section shall be applicable except as to
  399  those provisions which by their nature can have no application.
  400  Any stop required shall be made at a sign or marking on the
  401  pavement indicating where the stop shall be made, but in the
  402  absence of any such sign or marking the stop shall be made at
  403  the signal.
  404         (3)(a) A No traffic control signal device may not shall be
  405  used unless it exhibits which does not exhibit a yellow or
  406  “caution” light between the green or “go” signal and the red or
  407  “stop” signal. Whenever an engineering analysis is undertaken
  408  for the purpose of evaluating or reevaluating yellow and red
  409  signal display durations of a new or existing traffic control
  410  signal, the department and local authorities shall adhere to the
  411  following:
  412         1. The minimum yellow signal display duration on traffic
  413  control signals shall be based on the posted speed limit plus 10
  414  percent along with the standards set forth in the Florida
  415  Department of Transportation’s Traffic Engineering Manual. The
  416  minimum yellow signal display duration shall be 3 seconds for
  417  traffic control signals on streets with a posted speed limit of
  418  25 miles per hour or less. The minimum yellow signal display
  419  duration found after the evaluation or reevaluation under this
  420  paragraph shall be raised to the nearest half second, not to
  421  exceed 6 seconds.
  422         2. Intersections with a posted speed limit greater than 55
  423  miles per hour shall have, on approach, a sign posted in
  424  accordance with the Florida Department of Transportation’s
  425  Traffic Engineering Manual to alert drivers to the traffic
  426  control signal.
  427         (b) A No traffic control signal device may not shall
  428  display other than the color red at the top of the vertical
  429  signal, nor may shall it display other than the color red at the
  430  extreme left of the horizontal signal.
  431         (c) To provide additional time before conflicting traffic
  432  movements proceed, the yellow signal display shall be followed
  433  by an all red clearance interval delaying the change of opposing
  434  red light signals. The duration of the clearance interval shall
  435  be determined by engineering practices as provided for in the
  436  Florida Department of Transportation’s Traffic Engineering
  437  Manual required under s. 316.0745. The duration of a red
  438  clearance interval may be extended from its predetermined value
  439  for a given cycle based upon the detection of a vehicle that is
  440  predicted to violate the red signal indication.
  441         (4)(a) A violation of subsection (1) or subsection (2) this
  442  section is a noncriminal traffic infraction, punishable pursuant
  443  to chapter 318 as either a pedestrian violation or, if the
  444  infraction resulted from the operation of a vehicle, as a moving
  445  violation. However, a citation for a violation of subparagraph
  446  (1)(c)1. committed at an intersection where the traffic signal
  447  device does not meet all requirements under subsection (3) is
  448  unenforceable, and the court, clerk of the court, designated
  449  official, or authorized operator of a traffic violations bureau
  450  shall dismiss the citation without penalty or assessment of
  451  points against the license of the person cited.
  452         (b) Intersections with traffic infraction detectors must
  453  meet the requirements of this section by December 31, 2013.
  454         (c) All intersections with traffic infraction detectors
  455  installed after December 31, 2013, must meet the requirements of
  456  this section upon installation of the traffic infraction
  457  detector.
  458         (d) All other intersections must meet the requirements of
  459  this section by December 31, 2014.
  460         (e) A local governmental entity that violates this section
  461  shall be fined $500 per violation, which shall be remitted to
  462  the Department of Revenue for deposit into the Brain and Spinal
  463  Cord Injury Trust Fund.
  464         (f) In addition to the fine listed in paragraph (e), all
  465  citations issued at a nonconforming intersection over the
  466  preceding 60 days shall be dismissed and all fine amounts paid
  467  shall be refunded. For purposes of this paragraph, the 60-day
  468  period shall begin on, and include, the date the traffic
  469  infraction detector was found to be in violation of this
  470  section.
  471         Section 3. This act shall take effect July 1, 2013.