Florida Senate - 2013                             CS for SB 1342
       
       
       
       By the Committee on Transportation; and Senator Abruzzo
       
       
       
       
       596-02847A-13                                         20131342c1
    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; revising notification of violation
    6         requirements; providing that initiating a proceeding
    7         to challenge the delivery or attempted delivery of the
    8         notice of violation or a citation waives any challenge
    9         or dispute as to delivery; revising provisions for
   10         issuance of a citation; revising provisions for
   11         enforcement when a person other than the owner is
   12         designated as having care, custody, or control of the
   13         motor vehicle at the time of the violation; providing
   14         that specified provisions for notice of violation
   15         apply to such designated person; providing
   16         circumstances under which a reviewing traffic
   17         enforcement officer may issue a notice of violation or
   18         traffic citation for a red light violation; providing
   19         procedures for presentation and authentication of
   20         evidence and affirmative defenses relating to a
   21         traffic infraction detector or similar unattended
   22         device; requiring counties and municipalities with
   23         traffic infraction detectors to install certain signs
   24         by a specified date; amending s. 316.075, F.S.;
   25         requiring traffic control signals to maintain certain
   26         signal intervals and display durations based on posted
   27         speeds; providing that a citation for specified
   28         violations shall be dismissed if the traffic control
   29         signal does not meet specified requirements; providing
   30         an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (1) and (2) of section 316.0083,
   35  Florida Statutes, are amended to read:
   36         316.0083 Mark Wandall Traffic Safety Program;
   37  administration; report.—
   38         (1)(a) For purposes of administering this section, the
   39  department, a county, or a municipality may authorize a traffic
   40  infraction enforcement officer under s. 316.640 to issue a
   41  traffic citation for a violation of s. 316.074(1) or s.
   42  316.075(1)(c)1. A notice of violation and a traffic citation may
   43  not be issued for failure to stop at a red light if the driver
   44  is making a right-hand turn in a careful and prudent manner at
   45  an intersection where right-hand turns are permissible. This
   46  paragraph does not prohibit a review of information from a
   47  traffic infraction detector by an authorized employee or agent
   48  of the department, a county, or a municipality before issuance
   49  of the traffic citation by the traffic infraction enforcement
   50  officer. This paragraph does not prohibit the department, a
   51  county, or a municipality from issuing notification as provided
   52  in paragraph (b) to the registered owner of the motor vehicle or
   53  to another person identified as having care, custody, and
   54  control of the motor vehicle involved in the violation of s.
   55  316.074(1) or s. 316.075(1)(c)1.
   56         (b)1.a. Within 30 days after a violation, notification must
   57  be sent to the registered owner of the motor vehicle involved in
   58  the violation specifying the remedies available under s. 318.14
   59  and that the violator must pay the penalty of $158 to the
   60  department, county, or municipality, or furnish an affidavit in
   61  accordance with paragraph (d), within 30 days following the date
   62  of the notification in order to avoid court fees, costs, and the
   63  issuance of a traffic citation. The notification shall be sent
   64  by first-class mail.
   65         b. Included with the notification to the registered owner
   66  of the motor vehicle involved in the infraction must be a notice
   67  that the owner has the right to review the photographic or
   68  electronic images or the streaming video evidence that
   69  constitutes a rebuttable presumption against the owner of the
   70  vehicle. The notice must state the time and place or Internet
   71  location where the evidence may be examined and observed.
   72         2. Penalties assessed and collected by the department,
   73  county, or municipality authorized to collect the funds provided
   74  for in this paragraph, less the amount retained by the county or
   75  municipality pursuant to subparagraph 3., shall be paid to the
   76  Department of Revenue weekly. Payment by the department, county,
   77  or municipality to the state shall be made by means of
   78  electronic funds transfers. In addition to the payment, summary
   79  detail of the penalties remitted shall be reported to the
   80  Department of Revenue.
   81         3. Penalties to be assessed and collected by the
   82  department, county, or municipality are as follows:
   83         a. One hundred fifty-eight dollars for a violation of s.
   84  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
   85  stop at a traffic signal if enforcement is by the department’s
   86  traffic infraction enforcement officer. One hundred dollars
   87  shall be remitted to the Department of Revenue for deposit into
   88  the General Revenue Fund, $10 shall be remitted to the
   89  Department of Revenue for deposit into the Department of Health
   90  Emergency Medical Services Trust Fund, $3 shall be remitted to
   91  the Department of Revenue for deposit into the Brain and Spinal
   92  Cord Injury Trust Fund, and $45 shall be distributed to the
   93  municipality in which the violation occurred, or, if the
   94  violation occurred in an unincorporated area, to the county in
   95  which the violation occurred. Funds deposited into the
   96  Department of Health Emergency Medical Services Trust Fund under
   97  this sub-subparagraph shall be distributed as provided in s.
   98  395.4036(1). Proceeds of the infractions in the Brain and Spinal
   99  Cord Injury Trust Fund shall be distributed quarterly to the
  100  Miami Project to Cure Paralysis and shall be used for brain and
  101  spinal cord research.
  102         b. One hundred fifty-eight dollars for a violation of s.
  103  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  104  stop at a traffic signal if enforcement is by a county or
  105  municipal traffic infraction enforcement officer. Seventy
  106  dollars shall be remitted by the county or municipality to the
  107  Department of Revenue for deposit into the General Revenue Fund,
  108  $10 shall be remitted to the Department of Revenue for deposit
  109  into the Department of Health Emergency Medical Services Trust
  110  Fund, $3 shall be remitted to the Department of Revenue for
  111  deposit into the Brain and Spinal Cord Injury Trust Fund, and
  112  $75 shall be retained by the county or municipality enforcing
  113  the ordinance enacted pursuant to this section. Funds deposited
  114  into the Department of Health Emergency Medical Services Trust
  115  Fund under this sub-subparagraph shall be distributed as
  116  provided in s. 395.4036(1). Proceeds of the infractions in the
  117  Brain and Spinal Cord Injury Trust Fund shall be distributed
  118  quarterly to the Miami Project to Cure Paralysis and shall be
  119  used for brain and spinal cord research.
  120         4. An individual may not receive a commission from any
  121  revenue collected from violations detected through the use of a
  122  traffic infraction detector. A manufacturer or vendor may not
  123  receive a fee or remuneration based upon the number of
  124  violations detected through the use of a traffic infraction
  125  detector.
  126         (c)1.a. A traffic citation issued under this section shall
  127  be issued by mailing the traffic citation by certified mail to
  128  the address of the registered owner of the motor vehicle
  129  involved in the violation when payment has not been made within
  130  30 days after notification under subparagraph (b)1.
  131         b. Mailing Delivery of the traffic citation constitutes
  132  notification under this paragraph. If the registered owner or
  133  the person designated as having care, custody, and control of
  134  the motor vehicle at the time of the violation, or a duly
  135  authorized representative thereof, is present at any proceeding
  136  pursuant to this section, such person waives any challenge or
  137  dispute as to notification of the citation.
  138         c. In the case of joint ownership of a motor vehicle, the
  139  traffic citation shall be mailed to the first name appearing on
  140  the registration, unless the first name appearing on the
  141  registration is a business organization, in which case the
  142  second name appearing on the registration may be used.
  143         d. The traffic citation shall be mailed to the registered
  144  owner of the motor vehicle involved in the violation no later
  145  than 60 days after the date of the violation.
  146         2. Included with the notification to the registered owner
  147  of the motor vehicle involved in the infraction shall be a
  148  notice that the owner has the right to review, either in person
  149  or remotely, the photographic or electronic images or the
  150  streaming video evidence that constitutes a rebuttable
  151  presumption against the owner of the vehicle. The notice must
  152  state the time and place or Internet location where the evidence
  153  may be examined and observed.
  154         (d)1. The owner of the motor vehicle involved in the
  155  violation is responsible and liable for paying the uniform
  156  traffic citation issued for a violation of s. 316.074(1) or s.
  157  316.075(1)(c)1. when the driver failed to stop at a traffic
  158  signal, unless the owner can establish that:
  159         a. The motor vehicle passed through the intersection in
  160  order to yield right-of-way to an emergency vehicle or as part
  161  of a funeral procession;
  162         b. The motor vehicle passed through the intersection at the
  163  direction of a law enforcement officer;
  164         c. The motor vehicle was, at the time of the violation, in
  165  the care, custody, or control of another person;
  166         d. A uniform traffic citation was issued by a law
  167  enforcement officer to the driver of the motor vehicle for the
  168  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
  169         e. The motor vehicle’s owner was deceased on or before the
  170  date that the uniform traffic citation was issued, as
  171  established by an affidavit submitted by the representative of
  172  the motor vehicle owner’s estate or other designated person or
  173  family member.
  174         2. In order to establish such facts, the owner of the motor
  175  vehicle shall, within 30 days after the date of issuance of the
  176  traffic citation, furnish to the appropriate governmental entity
  177  an affidavit setting forth detailed information supporting an
  178  exemption as provided in this paragraph.
  179         a. An affidavit supporting an exemption under sub
  180  subparagraph 1.c. must include the name, address, date of birth,
  181  and, if known, the driver license number of the person who
  182  leased, rented, or otherwise had care, custody, or control of
  183  the motor vehicle at the time of the alleged violation. If the
  184  vehicle was stolen at the time of the alleged offense, the
  185  affidavit must include the police report indicating that the
  186  vehicle was stolen.
  187         b. If a traffic citation for a violation of s. 316.074(1)
  188  or s. 316.075(1)(c)1. was issued at the location of the
  189  violation by a law enforcement officer, the affidavit must
  190  include the serial number of the uniform traffic citation.
  191         c. If the motor vehicle’s owner to whom a traffic citation
  192  has been issued is deceased, the affidavit must include a
  193  certified copy of the owner’s death certificate showing that the
  194  date of death occurred on or before the issuance of the uniform
  195  traffic citation and one of the following:
  196         (I) A bill of sale or other document showing that the
  197  deceased owner’s motor vehicle was sold or transferred after his
  198  or her death, but on or before the date of the alleged
  199  violation.
  200         (II) Documentary proof that the registered license plate
  201  belonging to the deceased owner’s vehicle was returned to the
  202  department or any branch office or authorized agent of the
  203  department, but on or before the date of the alleged violation.
  204         (III) A copy of a police report showing that the deceased
  205  owner’s registered license plate or motor vehicle was stolen
  206  after the owner’s death, but on or before the date of the
  207  alleged violation.
  208  
  209  Upon receipt of the affidavit and documentation required under
  210  this sub-subparagraph, the governmental entity must dismiss the
  211  citation and provide proof of such dismissal to the person that
  212  submitted the affidavit.
  213         3. Upon receipt of an affidavit, the person designated as
  214  having care, custody, and control of the motor vehicle at the
  215  time of the violation may be issued a notice of violation
  216  pursuant to paragraph (b) traffic citation for a violation of s.
  217  316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
  218  at a traffic signal. The notice of violation may be issued to
  219  the person designated by a traffic infraction officer or an
  220  agent of the department, county, or municipality in the
  221  affidavit as having care, custody, and control of the motor
  222  vehicle at the time of the violation. The affidavit is
  223  admissible in a proceeding pursuant to this section for the
  224  purpose of providing proof that the person identified in the
  225  affidavit was in actual care, custody, or control of the motor
  226  vehicle. The owner of a leased vehicle for which a traffic
  227  citation is issued for a violation of s. 316.074(1) or s.
  228  316.075(1)(c)1. when the driver failed to stop at a traffic
  229  signal is not responsible for paying the traffic citation and is
  230  not required to submit an affidavit as specified in this
  231  subsection if the motor vehicle involved in the violation is
  232  registered in the name of the lessee of such motor vehicle.
  233         4. Paragraphs (b) and (c) apply to the person identified on
  234  the affidavit, except that the notification under sub
  235  subparagraph (b)1.a. must be sent within 30 days after receipt
  236  of an affidavit and the traffic citation mailed pursuant to sub
  237  subparagraph (c)1.d. must be mailed no later than 30 days after
  238  the date the notification of violation is mailed.
  239         5.4. The submission of a false affidavit is a misdemeanor
  240  of the second degree, punishable as provided in s. 775.082 or s.
  241  775.083.
  242         (e) The photographic or electronic images or streaming
  243  video attached to or referenced in the traffic citation is
  244  evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  245  when the driver failed to stop at a traffic signal has occurred
  246  and is admissible in any proceeding to enforce this section and
  247  raises a rebuttable presumption that the motor vehicle named in
  248  the report or shown in the photographic or electronic images or
  249  streaming video evidence was used in violation of s. 316.074(1)
  250  or s. 316.075(1)(c)1. when the driver failed to stop at a
  251  traffic signal.
  252         (f) Documentation provided by the Department of
  253  Transportation which demonstrates that the traffic infraction
  254  detection equipment meets the appropriate testing specifications
  255  is prima facie evidence of the reliability of the traffic
  256  infraction detector. A person raising the reliability of the
  257  traffic infraction detector as an affirmative defense to the
  258  notice of violation must establish by clear and convincing
  259  evidence that the detector did not meet specifications
  260  prescribed by the Department of Transportation.
  261         (2) A notice of violation and a traffic citation may not be
  262  issued for failure to stop at a red light if the driver is
  263  making a right-hand turn in a careful and prudent manner at an
  264  intersection where right-hand turns are permissible.
  265         (a) A notice of violation or traffic citation for failure
  266  to stop at a red light before making a right-hand turn may be
  267  issued at the discretion of the reviewing traffic infraction
  268  enforcement officer, as if the citation had been issued by an
  269  officer at an intersection. When examining evidence for
  270  violations under this subsection, a traffic infraction
  271  enforcement officer shall consider one or more of the following
  272  factors that would indicate the turn was not made in a careful
  273  or prudent manner:
  274         1. The operator of the motor vehicle failed to yield to a
  275  pedestrian or bicyclist.
  276         2. The operator of the motor vehicle put a pedestrian or
  277  bicyclist in danger of injury.
  278         3. The operator of the motor vehicle failed to yield to
  279  another vehicle or oncoming traffic.
  280         4. The operator of the motor vehicle did not substantially
  281  reduce the speed of the motor vehicle before making the right
  282  hand turn movement. For violations of this factor, the reviewing
  283  officer must approximate that the speed of the turn was made in
  284  excess of 10 miles per hour.
  285         (b) A citation may not be issued under this subsection if
  286  the driver of the vehicle came to a complete stop before turning
  287  right, when permissible at a red light, but failed to stop
  288  before the point at which a stop is required.
  289         (c) A county or municipality that installs a traffic
  290  infraction detector at an intersection shall install a sign
  291  notifying the public that a traffic infraction detector is in
  292  use at that intersection. Such signage must specifically include
  293  notification of camera enforcement of violations for right turns
  294  at that intersection. Such signage must meet the specifications
  295  for uniform signals and devices adopted by the Department of
  296  Transportation. Counties and municipalities must be in
  297  compliance with this subsection by January 1, 2014.
  298         Section 2. Section 316.075, Florida Statutes, is amended to
  299  read:
  300         316.075 Traffic control signal devices.—
  301         (1) Except for automatic warning signal lights installed or
  302  to be installed at railroad crossings, whenever traffic,
  303  including municipal traffic, is controlled by traffic control
  304  signals exhibiting different colored lights, or colored lighted
  305  arrows, successively one at a time or in combination, only the
  306  colors green, red, and yellow shall be used, except for special
  307  pedestrian signals carrying a word legend, and the lights shall
  308  indicate and apply to drivers of vehicles and pedestrians as
  309  follows:
  310         (a) Green indication.—
  311         1. Vehicular traffic facing a circular green signal may
  312  proceed cautiously straight through or turn right or left unless
  313  a sign at such place prohibits either such turn. But vehicular
  314  traffic, including vehicles turning right or left, shall yield
  315  the right-of-way to other vehicles and to pedestrians lawfully
  316  within the intersection or an adjacent crosswalk at the time
  317  such signal is exhibited.
  318         2. Vehicular traffic facing a green arrow signal, shown
  319  alone or in combination with another indication, as directed by
  320  the manual, may cautiously enter the intersection only to make
  321  the movement indicated by such arrow, or such other movement as
  322  is permitted by other indications shown at the same time, except
  323  the driver of any vehicle may U-turn, so as to proceed in the
  324  opposite direction unless such movement is prohibited by posted
  325  traffic control signs. Such vehicular traffic shall yield the
  326  right-of-way to pedestrians lawfully within an adjacent
  327  crosswalk and to other traffic lawfully using the intersection.
  328         3. Unless otherwise directed by a pedestrian control signal
  329  as provided in s. 316.0755, pedestrians facing any green signal,
  330  except when the sole green signal is a turn arrow, may proceed
  331  across the roadway within any marked or unmarked crosswalk.
  332         (b) Steady yellow indication.—
  333         1. Vehicular traffic facing a steady yellow signal is
  334  thereby warned that the related green movement is being
  335  terminated or that a red indication will be exhibited
  336  immediately thereafter when vehicular traffic shall not enter
  337  the intersection.
  338         2. Pedestrians facing a steady yellow signal, unless
  339  otherwise directed by a pedestrian control signal as provided in
  340  s. 316.0755, are thereby advised that there is insufficient time
  341  to cross the roadway before a red indication is shown and no
  342  pedestrian shall start to cross the roadway.
  343         (c) Steady red indication.—
  344         1. Vehicular traffic facing a steady red signal shall stop
  345  before entering the crosswalk on the near side of the
  346  intersection or, if none, then before entering the intersection
  347  and shall remain standing until a green indication is shown;
  348  however:
  349         a. The driver of a vehicle which is stopped at a clearly
  350  marked stop line, but if none, before entering the crosswalk on
  351  the near side of the intersection, or, if none then at the point
  352  nearest the intersecting roadway where the driver has a view of
  353  approaching traffic on the intersecting roadway before entering
  354  the intersection in obedience to a steady red signal may make a
  355  right turn, but shall yield the right-of-way to pedestrians and
  356  other traffic proceeding as directed by the signal at the
  357  intersection, except that municipal and county authorities may
  358  prohibit any such right turn against a steady red signal at any
  359  intersection, which prohibition shall be effective when a sign
  360  giving notice thereof is erected in a location visible to
  361  traffic approaching the intersection.
  362         b. The driver of a vehicle on a one-way street that
  363  intersects another one-way street on which traffic moves to the
  364  left shall stop in obedience to a steady red signal, but may
  365  then make a left turn into the one-way street, but shall yield
  366  the right-of-way to pedestrians and other traffic proceeding as
  367  directed by the signal at the intersection, except that
  368  municipal and county authorities may prohibit any such left turn
  369  as described, which prohibition shall be effective when a sign
  370  giving notice thereof is attached to the traffic control signal
  371  device at the intersection.
  372         2.a. The driver of a vehicle facing a steady red signal
  373  shall stop before entering the crosswalk and remain stopped to
  374  allow a pedestrian, with a permitted signal, to cross a roadway
  375  when the pedestrian is in the crosswalk or steps into the
  376  crosswalk and is upon the half of the roadway upon which the
  377  vehicle is traveling or when the pedestrian is approaching so
  378  closely from the opposite half of the roadway as to be in
  379  danger.
  380         b. Unless otherwise directed by a pedestrian control signal
  381  as provided in s. 316.0755, pedestrians facing a steady red
  382  signal shall not enter the roadway.
  383         (2) In the event an official traffic control signal is
  384  erected and maintained at a place other than an intersection,
  385  the provisions of this section shall be applicable except as to
  386  those provisions which by their nature can have no application.
  387  Any stop required shall be made at a sign or marking on the
  388  pavement indicating where the stop shall be made, but in the
  389  absence of any such sign or marking the stop shall be made at
  390  the signal.
  391         (3)(a) A No traffic control signal device may not shall be
  392  used unless it exhibits which does not exhibit a yellow or
  393  “caution” light between the green or “go” signal and the red or
  394  “stop” signal. The yellow signal display duration on traffic
  395  control signals shall be based on the standards set forth in the
  396  Florida Department of Transportation’s Traffic Engineering
  397  Manual.
  398         (b) A No traffic control signal device may not shall
  399  display other than the color red at the top of the vertical
  400  signal, nor may shall it display other than the color red at the
  401  extreme left of the horizontal signal.
  402         (4)(a) A violation of subsection (1) or subsection (2) this
  403  section is a noncriminal traffic infraction, punishable pursuant
  404  to chapter 318 as either a pedestrian violation or, if the
  405  infraction resulted from the operation of a vehicle, as a moving
  406  violation. However, no person issued a citation by a traffic
  407  enforcement officer shall be found to have committed a violation
  408  of subparagraph (1)(c)1. if the traffic control device at the
  409  intersection did not meet all requirements under subsection (3).
  410         Section 3. This act shall take effect July 1, 2013.