Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (511078) for CS for SB 1554
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/22/2015           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 617 and 618
    4  insert:
    5         Section 10. Paragraph (b) of subsection (1) and paragraph
    6  (a) of subsection (4) of section 316.0083, Florida Statutes, are
    7  amended to read:
    8         316.0083 Mark Wandall Traffic Safety Program;
    9  administration; report.—
   10         (1)
   11         (b)1.a. Within 30 days after a violation, notification must
   12  be sent to the registered owner of the motor vehicle involved in
   13  the violation specifying the remedies available under s. 318.14
   14  and that the violator must pay the penalty of $158 to the
   15  department, county, or municipality, or furnish an affidavit in
   16  accordance with paragraph (d), or request a hearing within 60
   17  days following the date of the notification in order to avoid
   18  the issuance of a traffic citation. The notification must be
   19  sent by first-class mail. The mailing of the notice of violation
   20  constitutes notification.
   21         b. Included with the notification to the registered owner
   22  of the motor vehicle involved in the infraction must be a notice
   23  that the owner has the right to review the photographic or
   24  electronic images or the streaming video evidence that
   25  constitutes a rebuttable presumption against the owner of the
   26  vehicle. The notice must state the time and place or Internet
   27  location where the evidence may be examined and observed.
   28         c. Notwithstanding any other provision of law, a person who
   29  receives a notice of violation under this section may request a
   30  hearing within 60 days following the notification of violation
   31  or pay the penalty pursuant to the notice of violation, but a
   32  payment or fee may not be required before the hearing requested
   33  by the person. The notice of violation must be accompanied by,
   34  or direct the person to a website that provides, information on
   35  the person’s right to request a hearing and on all court costs
   36  related thereto and a form to request a hearing. As used in this
   37  sub-subparagraph, the term “person” includes a natural person,
   38  registered owner or coowner of a motor vehicle, or person
   39  identified on an affidavit as having care, custody, or control
   40  of the motor vehicle at the time of the violation.
   41         d. If the registered owner or coowner of the motor vehicle,
   42  or the person designated as having care, custody, or control of
   43  the motor vehicle at the time of the violation, or an authorized
   44  representative of the owner, coowner, or designated person,
   45  initiates a proceeding to challenge the violation pursuant to
   46  this paragraph, such person waives any challenge or dispute as
   47  to the delivery of the notice of violation.
   48         2. Penalties assessed and collected by the department,
   49  county, or municipality authorized to collect the funds provided
   50  for in this paragraph, less the amount retained by the county or
   51  municipality pursuant to subparagraph 3., shall be paid to the
   52  Department of Revenue weekly. Payment by the department, county,
   53  or municipality to the state shall be made by means of
   54  electronic funds transfers. In addition to the payment, summary
   55  detail of the penalties remitted shall be reported to the
   56  Department of Revenue.
   57         3. Penalties to be assessed and collected by the
   58  department, county, or municipality are as follows:
   59         a. One hundred fifty-eight dollars for a violation of s.
   60  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
   61  a traffic signal if enforcement is by the department’s traffic
   62  infraction enforcement officer. One hundred dollars shall be
   63  remitted to the Department of Revenue for deposit into the
   64  General Revenue Fund, $10 shall be remitted to the Department of
   65  Revenue for deposit into the Department of Health Emergency
   66  Medical Services Trust Fund, $3 shall be remitted to the
   67  Department of Revenue for deposit into the Brain and Spinal Cord
   68  Injury Trust Fund, and $45 shall be distributed to the
   69  municipality in which the violation occurred, or, if the
   70  violation occurred in an unincorporated area, to the county in
   71  which the violation occurred. Funds deposited into the
   72  Department of Health Emergency Medical Services Trust Fund under
   73  this sub-subparagraph shall be distributed as provided in s.
   74  395.4036(1). Proceeds of the infractions in the Brain and Spinal
   75  Cord Injury Trust Fund shall be distributed quarterly to the
   76  Miami Project to Cure Paralysis and used for brain and spinal
   77  cord research.
   78         b. One hundred fifty-eight dollars for a violation of s.
   79  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
   80  a traffic signal if enforcement is by a county or municipal
   81  traffic infraction enforcement officer. Seventy dollars shall be
   82  remitted by the county or municipality to the Department of
   83  Revenue for deposit into the General Revenue Fund, $10 shall be
   84  remitted to the Department of Revenue for deposit into the
   85  Department of Health Emergency Medical Services Trust Fund, $3
   86  shall be remitted to the Department of Revenue for deposit into
   87  the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
   88  retained by the county or municipality enforcing the ordinance
   89  enacted pursuant to this section. Funds deposited into the
   90  Department of Health Emergency Medical Services Trust Fund under
   91  this sub-subparagraph shall be distributed as provided in s.
   92  395.4036(1). Proceeds of the infractions in the Brain and Spinal
   93  Cord Injury Trust Fund shall be distributed quarterly to the
   94  Miami Project to Cure Paralysis and used for brain and spinal
   95  cord research.
   96         4.  If a county or municipality fails to comply with the
   97  reporting requirements in subsection (4), as determined by the
   98  department, the department shall annually, on October 1, provide
   99  notice of the failure to the county or municipality. The county
  100  or municipality shall have 30 days from the date of the notice
  101  within which to establish compliance with the reporting
  102  requirements. If compliance is not established within the 30
  103  days, the department shall immediately notify the Department of
  104  Revenue of the county’s or municipality’s noncompliance. In
  105  cases of such noncompliance, notwithstanding subparagraph 3.,
  106  the portion of revenues collected and otherwise retained by the
  107  county or municipality may not be retained but shall be remitted
  108  to the Department of Revenue. The Department of Revenue shall
  109  maintain records of such remissions reflecting the total amount
  110  of revenues received from each noncompliant county or
  111  municipality. On notice from the department that the county or
  112  municipality has established compliance, the Department of
  113  Revenue shall return those revenues to the affected county or
  114  municipality.
  115         5.4. An individual may not receive a commission from any
  116  revenue collected from violations detected through the use of a
  117  traffic infraction detector. A manufacturer or vendor may not
  118  receive a fee or remuneration based upon the number of
  119  violations detected through the use of a traffic infraction
  120  detector.
  121         (4)(a) Each county or municipality that operates a traffic
  122  infraction detector shall submit a report by October 1, 2012,
  123  and annually thereafter, to the department no later than
  124  September 30 of each year which details the results of using the
  125  traffic infraction detector and the procedures for enforcement
  126  for the preceding state fiscal year. The information submitted
  127  by the counties and municipalities must include statistical data
  128  and information required by the department to complete the
  129  report required under paragraph (b), and must include all of the
  130  following:.
  131         1. The name of the jurisdiction and contact information for
  132  the person responsible for the administration of the traffic
  133  infraction detector program.
  134         2. The location of each camera, including both geospatial
  135  and cross-road descriptions of the location of each device.
  136         3. The date that each red light camera became operational,
  137  and the dates of camera operation during the fiscal year,
  138  including any status changes of the camera’s use during the
  139  reporting period.
  140         4. Data related to the issuance and disposition of notices
  141  of violation and subsequent uniform traffic citations issued
  142  during the reporting period.
  143         5. Vehicle crash data, including fatalities and injuries,
  144  for crashes that occurred within 250 feet of the approach to, or
  145  250 feet following, a traffic infraction detector on the
  146  specific road monitored by the traffic infraction detector
  147  during the 12-month period immediately preceding the initial
  148  date of camera operation. Data submitted as required under this
  149  subsection should be able to be validated against department
  150  data.
  151         6. Identification of any and all alternative safety
  152  measures, including increasing the interval between the yellow
  153  change light and the red clearance light, increasing the
  154  visibility of traffic lights, and installing advance dilemma
  155  zone detection systems, which the jurisdiction considered or
  156  implemented during the reporting period in lieu of or in
  157  addition to the use of a traffic infraction detector. The
  158  jurisdiction shall include the date of implementation of any
  159  such measures to assist the department in the analysis of crash
  160  data at a specified location.
  161         Section 11. Subsection (9) of section 316.0745, Florida
  162  Statutes, is created to read:
  163         316.0745 Uniform signals and devices.—
  164         (9)  The Department of Transportation is authorized to
  165  inspect, at random, any traffic control device or any traffic
  166  infraction detector at any intersection with a traffic
  167  infraction detector for the purpose of verifying that such
  168  device and detector conform to the specifications and
  169  requirements of this section.
  170         Section 12. Subsection (1) of section 316.0776, Florida
  171  Statutes, is amended to read:
  172         316.0776 Traffic infraction detectors; placement and
  173  installation.—
  174         (1) Traffic infraction detectors are allowed on state roads
  175  when permitted by the Department of Transportation and under
  176  placement and installation specifications developed by the
  177  Department of Transportation. Traffic infraction detectors are
  178  allowed on streets and highways under the jurisdiction of
  179  counties or municipalities in accordance with placement and
  180  installation specifications developed by the Department of
  181  Transportation. A notice of violation or uniform traffic
  182  citation may not be issued through the use of a traffic
  183  infraction detector that is not in compliance with all
  184  specifications. Additionally, before installation of any traffic
  185  infraction detector, the county or municipality shall document
  186  and make available upon the request of the Department of
  187  Transportation consideration and reasons for rejection of other
  188  engineering countermeasures set forth in the most recent
  189  publication addressing countermeasures by the Institute of
  190  Transportation Engineers that are intended to reduce violations
  191  of ss. 316.074(1) and 316.075(1)(c)1.
  192  
  193  ================= T I T L E  A M E N D M E N T ================
  194  And the title is amended as follows:
  195         Delete line 37
  196  and insert:
  197         redefining terms; amending s. 316.0083, F.S.; relating
  198         to traffic infraction detectors; requiring the
  199         Department of Highway Safety & Motor Vehicles to
  200         provide notice of failure to comply with certain
  201         reporting requirements; providing a period within
  202         which to become compliant with such reporting
  203         requirements; requiring a municipality or county to
  204         remit certain revenues to the Department of Revenue;
  205         requiring the Department of Revenue to maintain
  206         records of such remissions; providing for the return
  207         of certain revenues to a municipality or county under
  208         certain circumstances; requiring the annual report
  209         detailing the results of using traffic infraction
  210         detectors and the procedures for enforcement to
  211         include specified information; amending s. 316.0745,
  212         F.S.; authorizing the Department of Transportation to
  213         randomly inspect any traffic control device or any
  214         traffic infraction detector at certain locations to
  215         verify compliance with certain specifications and
  216         requirements; amending s. 316.0776, F.S.; prohibiting
  217         issuance of a notice of violation or traffic citation
  218         through use of a traffic infraction detector that is
  219         not in compliance with all specifications; requiring a
  220         municipality or county to document and make available
  221         upon request of the Department of Transportation
  222         consideration and reasons for rejection of certain
  223         engineering countermeasures before installing any
  224         traffic infraction detector; amending s. 316.0895,
  225         F.S.;