Florida Senate - 2017                                     SB 630
       
       
        
       By Senator Campbell
       
       38-00808-17                                            2017630__
    1                        A bill to be entitled                      
    2         An act relating to traffic infraction detectors;
    3         repealing s. 316.003(35) and (87), F.S., relating to
    4         the definitions of “local hearing officer” and
    5         “traffic infraction detector”; repealing ss.
    6         316.008(8), 316.0083, and 316.00831, F.S., relating to
    7         the installation and use of traffic infraction
    8         detectors to enforce specified provisions when a
    9         driver fails to stop at a traffic signal, provisions
   10         that authorize the Department of Highway Safety and
   11         Motor Vehicles, a county, or a municipality to use
   12         such detectors, and the distribution of penalties
   13         collected for specified violations, respectively;
   14         repealing s. 316.07456, F.S., relating to transitional
   15         implementation of such detectors; repealing s.
   16         316.0776, F.S., relating to placement and installation
   17         of traffic infraction detectors; repealing s.
   18         318.15(3), F.S., relating to a required notification;
   19         repealing s. 321.50, F.S., relating to the
   20         authorization to use traffic infraction detectors;
   21         amending ss. 28.37, 316.003, 316.545, 316.613,
   22         316.640, 316.650, 318.121, 318.14, 318.18, 320.03,
   23         322.27, and 655.960, F.S.; conforming provisions to
   24         changes made by the act; conforming cross-references;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsections (35) and (87) of section 316.003,
   30  Florida Statutes, are repealed.
   31         Section 2. Subsection (8) of section 316.008, Florida
   32  Statutes, is repealed.
   33         Section 3. Section 316.0083, Florida Statutes, is repealed.
   34         Section 4. Section 316.00831, Florida Statutes, is
   35  repealed.
   36         Section 5. Section 316.07456, Florida Statutes, is
   37  repealed.
   38         Section 6. Section 316.0776, Florida Statutes, is repealed.
   39         Section 7. Subsection (3) of section 318.15, Florida
   40  Statutes, is repealed.
   41         Section 8. Section 321.50, Florida Statutes, is repealed.
   42         Section 9. Subsection (5) of section 28.37, Florida
   43  Statutes, is amended to read:
   44         28.37 Fines, fees, service charges, and costs remitted to
   45  the state.—
   46         (5) Ten percent of all court-related fines collected by the
   47  clerk, except for penalties or fines distributed to counties or
   48  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
   49  shall be deposited into the clerk’s Public Records Modernization
   50  Trust Fund to be used exclusively for additional clerk court
   51  related operational needs and program enhancements.
   52         Section 10. Subsection (55) of section 316.003, Florida
   53  Statutes, is amended to read:
   54         316.003 Definitions.—The following words and phrases, when
   55  used in this chapter, shall have the meanings respectively
   56  ascribed to them in this section, except where the context
   57  otherwise requires:
   58         (54)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   59  provided in paragraph (76)(b) (77)(b), any privately owned way
   60  or place used for vehicular travel by the owner and those having
   61  express or implied permission from the owner, but not by other
   62  persons.
   63         Section 11. Paragraph (b) of subsection (2) of section
   64  316.545, Florida Statutes, is amended to read:
   65         316.545 Weight and load unlawful; special fuel and motor
   66  fuel tax enforcement; inspection; penalty; review.—
   67         (2)
   68         (b) The officer or inspector shall inspect the license
   69  plate or registration certificate of the commercial vehicle to
   70  determine whether its gross weight is in compliance with the
   71  declared gross vehicle weight. If its gross weight exceeds the
   72  declared weight, the penalty shall be 5 cents per pound on the
   73  difference between such weights. In those cases when the
   74  commercial vehicle is being operated over the highways of the
   75  state with an expired registration or with no registration from
   76  this or any other jurisdiction or is not registered under the
   77  applicable provisions of chapter 320, the penalty herein shall
   78  apply on the basis of 5 cents per pound on that scaled weight
   79  which exceeds 35,000 pounds on laden truck tractor-semitrailer
   80  combinations or tandem trailer truck combinations, 10,000 pounds
   81  on laden straight trucks or straight truck-trailer combinations,
   82  or 10,000 pounds on any unladen commercial motor vehicle. A
   83  driver of a commercial motor vehicle entering the state at a
   84  designated port-of-entry location, as defined in s. 316.003(54),
   85  or operating on designated routes to a port-of-entry location,
   86  who obtains a temporary registration permit shall be assessed a
   87  penalty limited to the difference between its gross weight and
   88  the declared gross vehicle weight at 5 cents per pound. If the
   89  license plate or registration has not been expired for more than
   90  90 days, the penalty imposed under this paragraph may not exceed
   91  $1,000. In the case of special mobile equipment, which qualifies
   92  for the license tax provided for in s. 320.08(5)(b), being
   93  operated on the highways of the state with an expired
   94  registration or otherwise not properly registered under the
   95  applicable provisions of chapter 320, a penalty of $75 shall
   96  apply in addition to any other penalty which may apply in
   97  accordance with this chapter. A vehicle found in violation of
   98  this section may be detained until the owner or operator
   99  produces evidence that the vehicle has been properly registered.
  100  Any costs incurred by the retention of the vehicle shall be the
  101  sole responsibility of the owner. A person who has been assessed
  102  a penalty pursuant to this paragraph for failure to have a valid
  103  vehicle registration certificate pursuant to the provisions of
  104  chapter 320 is not subject to the delinquent fee authorized in
  105  s. 320.07 if such person obtains a valid registration
  106  certificate within 10 working days after such penalty was
  107  assessed.
  108         Section 12. Paragraph (a) of subsection (2) of section
  109  316.613, Florida Statutes, is amended to read:
  110         316.613 Child restraint requirements.—
  111         (2) As used in this section, the term “motor vehicle” means
  112  a motor vehicle as defined in s. 316.003 that is operated on the
  113  roadways, streets, and highways of the state. The term does not
  114  include:
  115         (a) A school bus as defined in s. 316.003(68).
  116         Section 13. Paragraph (b) of subsection (1) and paragraph
  117  (a) of subsection (5) of section 316.640, Florida Statutes, are
  118  amended to read:
  119         316.640 Enforcement.—The enforcement of the traffic laws of
  120  this state is vested as follows:
  121         (1) STATE.—
  122         (b)1. The Department of Transportation has authority to
  123  enforce on all the streets and highways of this state all laws
  124  applicable within its authority.
  125         2.a. The Department of Transportation shall develop
  126  training and qualifications standards for toll enforcement
  127  officers whose sole authority is to enforce the payment of tolls
  128  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  129  construed to permit the carrying of firearms or other weapons,
  130  nor shall a toll enforcement officer have arrest authority.
  131         b. For the purpose of enforcing s. 316.1001, governmental
  132  entities, as defined in s. 334.03, which own or operate a toll
  133  facility may employ independent contractors or designate
  134  employees as toll enforcement officers; however, any such toll
  135  enforcement officer must successfully meet the training and
  136  qualifications standards for toll enforcement officers
  137  established by the Department of Transportation.
  138         3. For the purpose of enforcing s. 316.0083, the department
  139  may designate employees as traffic infraction enforcement
  140  officers. A traffic infraction enforcement officer must
  141  successfully complete instruction in traffic enforcement
  142  procedures and court presentation through the Selective Traffic
  143  Enforcement Program as approved by the Division of Criminal
  144  Justice Standards and Training of the Department of Law
  145  Enforcement, or through a similar program, but may not
  146  necessarily otherwise meet the uniform minimum standards
  147  established by the Criminal Justice Standards and Training
  148  Commission for law enforcement officers or auxiliary law
  149  enforcement officers under s. 943.13. This subparagraph does not
  150  authorize the carrying of firearms or other weapons by a traffic
  151  infraction enforcement officer and does not authorize a traffic
  152  infraction enforcement officer to make arrests. The department’s
  153  traffic infraction enforcement officers must be physically
  154  located in the state.
  155         (5)(a) Any sheriff’s department or police department of a
  156  municipality may employ, as a traffic infraction enforcement
  157  officer, any individual who successfully completes instruction
  158  in traffic enforcement procedures and court presentation through
  159  the Selective Traffic Enforcement Program as approved by the
  160  Division of Criminal Justice Standards and Training of the
  161  Department of Law Enforcement, or through a similar program, but
  162  who does not necessarily otherwise meet the uniform minimum
  163  standards established by the Criminal Justice Standards and
  164  Training Commission for law enforcement officers or auxiliary
  165  law enforcement officers under s. 943.13. Any such traffic
  166  infraction enforcement officer who observes the commission of a
  167  traffic infraction or, in the case of a parking infraction, who
  168  observes an illegally parked vehicle may issue a traffic
  169  citation for the infraction when, based upon personal
  170  investigation, he or she has reasonable and probable grounds to
  171  believe that an offense has been committed which constitutes a
  172  noncriminal traffic infraction as defined in s. 318.14. In
  173  addition, any such traffic infraction enforcement officer may
  174  issue a traffic citation under s. 316.0083. For purposes of
  175  enforcing s. 316.0083, any sheriff’s department or police
  176  department of a municipality may designate employees as traffic
  177  infraction enforcement officers. The traffic infraction
  178  enforcement officers must be physically located in the county of
  179  the respective sheriff’s or police department.
  180         Section 14. Paragraphs (a) and (c) of subsection (3) of
  181  section 316.650, Florida Statutes, are amended to read:
  182         316.650 Traffic citations.—
  183         (3)(a) Except for a traffic citation issued pursuant to s.
  184  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  185  issuing a traffic citation to an alleged violator of any
  186  provision of the motor vehicle laws of this state or of any
  187  traffic ordinance of any municipality or town, shall deposit the
  188  original traffic citation or, in the case of a traffic
  189  enforcement agency that has an automated citation issuance
  190  system, the chief administrative officer shall provide by an
  191  electronic transmission a replica of the citation data to a
  192  court having jurisdiction over the alleged offense or with its
  193  traffic violations bureau within 5 days after issuance to the
  194  violator.
  195         (c) If a traffic citation is issued under s. 316.0083, the
  196  traffic infraction enforcement officer shall provide by
  197  electronic transmission a replica of the traffic citation data
  198  to the court having jurisdiction over the alleged offense or its
  199  traffic violations bureau within 5 days after the date of
  200  issuance of the traffic citation to the violator. If a hearing
  201  is requested, the traffic infraction enforcement officer shall
  202  provide a replica of the traffic notice of violation data to the
  203  clerk for the local hearing officer having jurisdiction over the
  204  alleged offense within 14 days.
  205         Section 15. Section 318.121, Florida Statutes, is amended
  206  to read:
  207         318.121 Preemption of additional fees, fines, surcharges,
  208  and costs.—Notwithstanding any general or special law, or
  209  municipal or county ordinance, additional fees, fines,
  210  surcharges, or costs other than the court costs and surcharges
  211  assessed under s. 318.18(11), (13), (18), and (19), and (22) may
  212  not be added to the civil traffic penalties assessed under this
  213  chapter.
  214         Section 16. Subsection (2) of section 318.14, Florida
  215  Statutes, is amended to read:
  216         318.14 Noncriminal traffic infractions; exception;
  217  procedures.—
  218         (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
  219  and 316.0083, any person cited for a violation requiring a
  220  mandatory hearing listed in s. 318.19 or any other criminal
  221  traffic violation listed in chapter 316 must sign and accept a
  222  citation indicating a promise to appear. The officer may
  223  indicate on the traffic citation the time and location of the
  224  scheduled hearing and must indicate the applicable civil penalty
  225  established in s. 318.18. For all other infractions under this
  226  section, except for infractions under s. 316.1001, the officer
  227  must certify by electronic, electronic facsimile, or written
  228  signature that the citation was delivered to the person cited.
  229  This certification is prima facie evidence that the person cited
  230  was served with the citation.
  231         Section 17. Subsections (15) and (22) of section 318.18,
  232  Florida Statutes, are amended to read:
  233         318.18 Amount of penalties.—The penalties required for a
  234  noncriminal disposition pursuant to s. 318.14 or a criminal
  235  offense listed in s. 318.17 are as follows:
  236         (15)(a)1. One hundred and fifty-eight dollars for a
  237  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  238  has failed to stop at a traffic signal and when enforced by a
  239  law enforcement officer. Sixty dollars shall be distributed as
  240  provided in s. 318.21, $30 shall be distributed to the General
  241  Revenue Fund, $3 shall be remitted to the Department of Revenue
  242  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  243  and the remaining $65 shall be remitted to the Department of
  244  Revenue for deposit into the Emergency Medical Services Trust
  245  Fund of the Department of Health.
  246         2. One hundred and fifty-eight dollars for a violation of
  247  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  248  stop at a traffic signal and when enforced by the department’s
  249  traffic infraction enforcement officer. One hundred dollars
  250  shall be remitted to the Department of Revenue for deposit into
  251  the General Revenue Fund, $45 shall be distributed to the county
  252  for any violations occurring in any unincorporated areas of the
  253  county or to the municipality for any violations occurring in
  254  the incorporated boundaries of the municipality in which the
  255  infraction occurred, $10 shall be remitted to the Department of
  256  Revenue for deposit into the Department of Health Emergency
  257  Medical Services Trust Fund for distribution as provided in s.
  258  395.4036(1), and $3 shall be remitted to the Department of
  259  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  260  Fund.
  261         3. One hundred and fifty-eight dollars for a violation of
  262  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  263  stop at a traffic signal and when enforced by a county’s or
  264  municipality’s traffic infraction enforcement officer. Seventy
  265  five dollars shall be distributed to the county or municipality
  266  issuing the traffic citation, $70 shall be remitted to the
  267  Department of Revenue for deposit into the General Revenue Fund,
  268  $10 shall be remitted to the Department of Revenue for deposit
  269  into the Department of Health Emergency Medical Services Trust
  270  Fund for distribution as provided in s. 395.4036(1), and $3
  271  shall be remitted to the Department of Revenue for deposit into
  272  the Brain and Spinal Cord Injury Trust Fund.
  273         (b) Amounts deposited into the Brain and Spinal Cord Injury
  274  Trust Fund pursuant to this subsection shall be distributed
  275  quarterly to the Miami Project to Cure Paralysis and shall be
  276  used for brain and spinal cord research.
  277         (c) If a person who is mailed a notice of violation or
  278  cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
  279  enforced by a traffic infraction enforcement officer under s.
  280  316.0083, presents documentation from the appropriate
  281  governmental entity that the notice of violation or traffic
  282  citation was in error, the clerk of court or clerk to the local
  283  hearing officer may dismiss the case. The clerk of court or
  284  clerk to the local hearing officer may not charge for this
  285  service.
  286         (d) An individual may not receive a commission or per
  287  ticket fee from any revenue collected from violations detected
  288  through the use of a traffic infraction detector. A manufacturer
  289  or vendor may not receive a fee or remuneration based upon the
  290  number of violations detected through the use of a traffic
  291  infraction detector.
  292         (e) Funds deposited into the Department of Health Emergency
  293  Medical Services Trust Fund under this subsection shall be
  294  distributed as provided in s. 395.4036(1).
  295         (22) In addition to the penalty prescribed under s.
  296  316.0083 for violations enforced under s. 316.0083 which are
  297  upheld, the local hearing officer may also order the payment of
  298  county or municipal costs, not to exceed $250.
  299         Section 18. Subsection (8) of section 320.03, Florida
  300  Statutes, is amended to read:
  301         320.03 Registration; duties of tax collectors;
  302  International Registration Plan.—
  303         (8) If the applicant’s name appears on the list referred to
  304  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  305  713.78(13), a license plate or revalidation sticker may not be
  306  issued until that person’s name no longer appears on the list or
  307  until the person presents a receipt from the governmental entity
  308  or the clerk of court that provided the data showing that the
  309  fines outstanding have been paid. This subsection does not apply
  310  to the owner of a leased vehicle if the vehicle is registered in
  311  the name of the lessee of the vehicle. The tax collector and the
  312  clerk of the court are each entitled to receive monthly, as
  313  costs for implementing and administering this subsection, 10
  314  percent of the civil penalties and fines recovered from such
  315  persons. As used in this subsection, the term “civil penalties
  316  and fines” does not include a wrecker operator’s lien as
  317  described in s. 713.78(13). If the tax collector has private tag
  318  agents, such tag agents are entitled to receive a pro rata share
  319  of the amount paid to the tax collector, based upon the
  320  percentage of license plates and revalidation stickers issued by
  321  the tag agent compared to the total issued within the county.
  322  The authority of any private agent to issue license plates shall
  323  be revoked, after notice and a hearing as provided in chapter
  324  120, if he or she issues any license plate or revalidation
  325  sticker contrary to the provisions of this subsection. This
  326  section applies only to the annual renewal in the owner’s birth
  327  month of a motor vehicle registration and does not apply to the
  328  transfer of a registration of a motor vehicle sold by a motor
  329  vehicle dealer licensed under this chapter, except for the
  330  transfer of registrations which includes the annual renewals.
  331  This section does not affect the issuance of the title to a
  332  motor vehicle, notwithstanding s. 319.23(8)(b).
  333         Section 19. Paragraph (d) of subsection (3) of section
  334  322.27, Florida Statutes, is amended to read:
  335         322.27 Authority of department to suspend or revoke driver
  336  license or identification card.—
  337         (3) There is established a point system for evaluation of
  338  convictions of violations of motor vehicle laws or ordinances,
  339  and violations of applicable provisions of s. 403.413(6)(b) when
  340  such violations involve the use of motor vehicles, for the
  341  determination of the continuing qualification of any person to
  342  operate a motor vehicle. The department is authorized to suspend
  343  the license of any person upon showing of its records or other
  344  good and sufficient evidence that the licensee has been
  345  convicted of violation of motor vehicle laws or ordinances, or
  346  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  347  more points as determined by the point system. The suspension
  348  shall be for a period of not more than 1 year.
  349         (d) The point system shall have as its basic element a
  350  graduated scale of points assigning relative values to
  351  convictions of the following violations:
  352         1. Reckless driving, willful and wanton—4 points.
  353         2. Leaving the scene of a crash resulting in property
  354  damage of more than $50—6 points.
  355         3. Unlawful speed, or unlawful use of a wireless
  356  communications device, resulting in a crash—6 points.
  357         4. Passing a stopped school bus—4 points.
  358         5. Unlawful speed:
  359         a. Not in excess of 15 miles per hour of lawful or posted
  360  speed—3 points.
  361         b. In excess of 15 miles per hour of lawful or posted
  362  speed—4 points.
  363         6. A violation of a traffic control signal device as
  364  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  365  However, no points shall be imposed for a violation of s.
  366  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  367  stop at a traffic signal and when enforced by a traffic
  368  infraction enforcement officer. In addition, a violation of s.
  369  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  370  stop at a traffic signal and when enforced by a traffic
  371  infraction enforcement officer may not be used for purposes of
  372  setting motor vehicle insurance rates.
  373         7. All other moving violations (including parking on a
  374  highway outside the limits of a municipality)—3 points. However,
  375  no points shall be imposed for a violation of s. 316.0741 or s.
  376  316.2065(11); and points shall be imposed for a violation of s.
  377  316.1001 only when imposed by the court after a hearing pursuant
  378  to s. 318.14(5).
  379         8. Any moving violation covered in this paragraph,
  380  excluding unlawful speed and unlawful use of a wireless
  381  communications device, resulting in a crash—4 points.
  382         9. Any conviction under s. 403.413(6)(b)—3 points.
  383         10. Any conviction under s. 316.0775(2)—4 points.
  384         11. A moving violation covered in this paragraph which is
  385  committed in conjunction with the unlawful use of a wireless
  386  communications device within a school safety zone—2 points, in
  387  addition to the points assigned for the moving violation.
  388         Section 20. Subsection (1) of section 655.960, Florida
  389  Statutes, is amended to read:
  390         655.960 Definitions; ss. 655.960-655.965.—As used in this
  391  section and ss. 655.961-655.965, unless the context otherwise
  392  requires:
  393         (1) “Access area” means any paved walkway or sidewalk which
  394  is within 50 feet of any automated teller machine. The term does
  395  not include any street or highway open to the use of the public,
  396  as defined in s. 316.003(76)(77)(a) or (b), including any
  397  adjacent sidewalk, as defined in s. 316.003.
  398         Section 21. This act shall take effect July 1, 2020.