Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 144
       
       
       
       
       
                               Ì121990.Î121990                          
       
       596-03106-14                                                    
       Proposed Committee Substitute by the Committee on Transportation
    1                        A bill to be entitled                      
    2         An act relating to traffic infraction detectors;
    3         amending s. 316.0776, F.S.; requiring the Department
    4         of Transportation to develop signal timing
    5         specifications for traffic infraction detectors;
    6         prohibiting the issuance of a notice of violation or
    7         uniform traffic citation for traffic infraction
    8         detectors that are not in compliance with all
    9         specifications; requiring the department to identify
   10         certain engineering countermeasures that must be
   11         considered before installation of a traffic infraction
   12         detector; requiring a decision to place a traffic
   13         infraction detector on any roadway to be based on the
   14         results of a specified traffic engineering study;
   15         requiring the study to be signed and sealed by a
   16         Florida-licensed professional engineer; amending s.
   17         316.0083, F.S.; revising the distribution of penalties
   18         collected when violations are enforced by a Department
   19         of Highway Safety and Motor Vehicles traffic
   20         infraction enforcement officer; limiting the
   21         authorized uses of certain funds distributed to a
   22         county or municipality,; revising the distribution of
   23         penalties for violations enforced by a county or
   24         municipal traffic infraction officer; identifying the
   25         authorized uses of funds retained by a county or
   26         municipality after contractual obligations are
   27         satisfied; defining a term; specifying the format of
   28         the traffic infraction detector information that must
   29         be submitted to the department; nullifying certain
   30         issued notices of violation or citations during a
   31         certain time period if a county or municipality fails
   32         to submit the required information by a specified
   33         time; decreasing the amount of the authorized
   34         assessment of county or municipal costs related to
   35         notice of violation hearings; amending s. 318.18,
   36         F.S.; decreasing the amount of the authorized
   37         assessment of county or municipal costs if a local
   38         hearing officer upholds a notice of violation;
   39         providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsection (1) of section 316.0776, Florida
   44  Statutes, is amended to read:
   45         316.0776 Traffic infraction detectors; placement and
   46  installation.—
   47         (1) Traffic infraction detectors are allowed on state roads
   48  when permitted by the Department of Transportation and under
   49  placement, and installation, and signal timing specifications
   50  developed by the Department of Transportation. Traffic
   51  infraction detectors are allowed on streets and highways under
   52  the jurisdiction of counties or municipalities in accordance
   53  with placement, and installation, and signal timing
   54  specifications developed by the Department of Transportation. A
   55  notice of violation or uniform traffic citation may not be
   56  issued through the use a traffic infraction detector that is not
   57  in compliance with all specifications. Additionally, the
   58  department shall identify engineering countermeasures that are
   59  intended to reduce violations of ss. 316.074(1) and
   60  316.075(1)(c)1. to be considered and applied, where appropriate,
   61  before the installation of a traffic infraction detector on any
   62  roadway. The decision to place a traffic infraction detector on
   63  any roadway must be based on the results of a traffic
   64  engineering study that documents the implementation and failure
   65  of any engineering countermeasure appropriate for the specific
   66  location. The study must be signed and sealed by a professional
   67  engineer licensed in this state.
   68         Section 2. Paragraph (b) of subsection (1), subsection (4),
   69  and paragraph (e) of subsection (5) of section 316.0083, Florida
   70  Statutes, are amended to read:
   71         316.0083 Mark Wandall Traffic Safety Program;
   72  administration; report.—
   73         (1)
   74         (b)1.a. Within 30 days after a violation, notification must
   75  be sent to the registered owner of the motor vehicle involved in
   76  the violation specifying the remedies available under s. 318.14
   77  and that the violator must pay the penalty of $158 to the
   78  department, county, or municipality, or furnish an affidavit in
   79  accordance with paragraph (d), or request a hearing within 60
   80  days following the date of the notification in order to avoid
   81  the issuance of a traffic citation. The notification must be
   82  sent by first-class mail. The mailing of the notice of violation
   83  constitutes notification.
   84         b. Included with the notification to the registered owner
   85  of the motor vehicle involved in the infraction must be a notice
   86  that the owner has the right to review the photographic or
   87  electronic images or the streaming video evidence that
   88  constitutes a rebuttable presumption against the owner of the
   89  vehicle. The notice must state the time and place or Internet
   90  location where the evidence may be examined and observed.
   91         c. Notwithstanding any other provision of law, a person who
   92  receives a notice of violation under this section may request a
   93  hearing within 60 days following the notification of violation
   94  or pay the penalty pursuant to the notice of violation, but a
   95  payment or fee may not be required before the hearing requested
   96  by the person. The notice of violation must be accompanied by,
   97  or direct the person to a website that provides, information on
   98  the person’s right to request a hearing and on all court costs
   99  related thereto and a form to request a hearing. As used in this
  100  sub-subparagraph, the term “person” includes a natural person,
  101  registered owner or coowner of a motor vehicle, or person
  102  identified on an affidavit as having care, custody, or control
  103  of the motor vehicle at the time of the violation.
  104         d. If the registered owner or coowner of the motor vehicle,
  105  or the person designated as having care, custody, or control of
  106  the motor vehicle at the time of the violation, or an authorized
  107  representative of the owner, coowner, or designated person,
  108  initiates a proceeding to challenge the violation pursuant to
  109  this paragraph, such person waives any challenge or dispute as
  110  to the delivery of the notice of violation.
  111         2. Penalties assessed and collected by the department,
  112  county, or municipality authorized to collect the funds provided
  113  for in this paragraph, less the amount retained by the county or
  114  municipality pursuant to subparagraph 3., shall be paid to the
  115  Department of Revenue weekly. Payment by the department, county,
  116  or municipality to the state shall be made by means of
  117  electronic funds transfers. In addition to the payment, summary
  118  detail of the penalties remitted shall be reported to the
  119  Department of Revenue.
  120         3. Penalties to be assessed and collected by the
  121  department, county, or municipality are as follows:
  122         a. One hundred fifty-eight dollars for a violation of s.
  123  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
  124  a traffic signal if enforcement is by the department’s traffic
  125  infraction enforcement officer. One hundred dollars shall be
  126  remitted to the Department of Revenue for deposit into the State
  127  Transportation Trust General Revenue Fund, $10 shall be remitted
  128  to the Department of Revenue for deposit into the Department of
  129  Health Emergency Medical Services Trust Fund, $3 shall be
  130  remitted to the Department of Revenue for deposit into the Brain
  131  and Spinal Cord Injury Trust Fund, and $45 shall be distributed
  132  to the municipality in which the violation occurred, or, if the
  133  violation occurred in an unincorporated area, to the county in
  134  which the violation occurred. Of the funds distributed to a
  135  county or municipality, any funds remaining after satisfaction
  136  of contractual obligations must be used for traffic safety
  137  capital projects intended to protect vulnerable road users or to
  138  fund traffic studies required under s. 316.0776(1). Funds
  139  deposited into the State Transportation Trust Fund under this
  140  sub-subparagraph must be used for intersection safety
  141  improvements in the county or municipality in which the
  142  violation occurred. As used in this section, the term
  143  “vulnerable road users” includes pedestrians and bicyclists.
  144  Funds deposited into the Department of Health Emergency Medical
  145  Services Trust Fund under this sub-subparagraph shall be
  146  distributed as provided in s. 395.4036(1). Proceeds of the
  147  infractions in the Brain and Spinal Cord Injury Trust Fund shall
  148  be distributed quarterly to the Miami Project to Cure Paralysis
  149  and used for brain and spinal cord research.
  150         b. One hundred fifty-eight dollars for a violation of s.
  151  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
  152  a traffic signal if enforcement is by a county or municipal
  153  traffic infraction enforcement officer. Seventy dollars shall be
  154  remitted by the county or municipality to the Department of
  155  Revenue for deposit into the State Transportation Trust General
  156  Revenue Fund, $10 shall be remitted to the Department of Revenue
  157  for deposit into the Department of Health Emergency Medical
  158  Services Trust Fund, $3 shall be remitted to the Department of
  159  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  160  Fund, and $75 shall be retained by the county or municipality
  161  enforcing the ordinance enacted pursuant to this section. Any
  162  funds retained by the county or municipality remaining after
  163  satisfaction of contractual obligations related to traffic
  164  infraction detectors must be used for traffic safety capital
  165  projects intended to protect vulnerable road users or to fund
  166  traffic studies required under s. 316.0776(1). Funds deposited
  167  into the State Transportation Trust Fund under this sub
  168  subparagraph must be used for intersection safety improvements
  169  in the county or municipality in which the violation occurred.
  170  Funds deposited into the Department of Health Emergency Medical
  171  Services Trust Fund under this sub-subparagraph shall be
  172  distributed as provided in s. 395.4036(1). Proceeds of the
  173  infractions in the Brain and Spinal Cord Injury Trust Fund shall
  174  be distributed quarterly to the Miami Project to Cure Paralysis
  175  and used for brain and spinal cord research.
  176         4. An individual may not receive a commission from any
  177  revenue collected from violations detected through the use of a
  178  traffic infraction detector. A manufacturer or vendor may not
  179  receive a fee or remuneration based upon the number of
  180  violations detected through the use of a traffic infraction
  181  detector.
  182         (4)(a) Each county or municipality that operates a traffic
  183  infraction detector shall submit a report by October 1 of each
  184  year, 2012, and annually thereafter, to the department which
  185  details the results of using the traffic infraction detector and
  186  the procedures for enforcement for the preceding state fiscal
  187  year. The information submitted by the counties and
  188  municipalities must include statistical data and information
  189  required by the department and the Department of Transportation
  190  to complete the report required under paragraph (b). The data
  191  and information must be submitted in a format that enables the
  192  individual review of each intersection monitored by a traffic
  193  infraction detector. The failure of a county or municipality to
  194  submit the required data and information by October 1 of each
  195  year nullifies all notices of violation or uniform traffic
  196  citations issued through the use of traffic infraction detectors
  197  within the county or municipality on or after October 1 of such
  198  year until the date on which the data and information are
  199  submitted to the satisfaction of both departments, as evidenced
  200  by a letter from each department acknowledging a satisfactory
  201  submission.
  202         (b) After collaborating with the Department of
  203  Transportation, on or before December 31 of each year, 2012, and
  204  annually thereafter, the department shall provide a summary
  205  report to the Governor, the President of the Senate, and the
  206  Speaker of the House of Representatives regarding the use and
  207  operation of traffic infraction detectors under this section,
  208  along with the departments’ department’s recommendations and any
  209  necessary legislation. The summary report must include a review
  210  of the information submitted to the department by the counties
  211  and municipalities and must describe the enhancement of the
  212  traffic safety and enforcement programs.
  213         (5) Procedures for a hearing under this section are as
  214  follows:
  215         (e) At the conclusion of the hearing, the local hearing
  216  officer shall determine whether a violation under this section
  217  has occurred, in which case the hearing officer shall uphold or
  218  dismiss the violation. The local hearing officer shall issue a
  219  final administrative order including the determination and, if
  220  the notice of violation is upheld, require the petitioner to pay
  221  the penalty previously assessed under paragraph (1)(b), and may
  222  also require the petitioner to pay county or municipal costs,
  223  not to exceed $100 $250. The final administrative order shall be
  224  mailed to the petitioner by first-class mail.
  225         Section 3. Subsection (22) of section 318.18, Florida
  226  Statutes, is amended to read:
  227         318.18 Amount of penalties.—The penalties required for a
  228  noncriminal disposition pursuant to s. 318.14 or a criminal
  229  offense listed in s. 318.17 are as follows:
  230         (22) In addition to the penalty prescribed under s.
  231  316.0083 for violations enforced under s. 316.0083 which are
  232  upheld, the local hearing officer may also order the payment of
  233  county or municipal costs, not to exceed $100 $250.
  234         Section 4. This act shall take effect July 1, 2014.