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.