Florida Senate - 2021 SB 1474
By Senator Rodriguez
39-01398B-21 20211474__
1 A bill to be entitled
2 An act relating to photographic enforcement of school
3 zone speed limits; amending s. 316.003, F.S.; defining
4 the term “speed detection system”; amending s.
5 316.008, F.S.; authorizing counties and municipalities
6 to enforce school speed zones through the use of speed
7 detection systems; providing a rebuttable presumption;
8 authorizing counties and municipalities to install, or
9 contract with a vendor to install, speed detection
10 systems; amending s. 316.0776, F.S.; authorizing speed
11 detection systems to be installed on state roads when
12 permitted by the Department of Transportation;
13 authorizing speed detection systems to be installed on
14 a street or highway under the jurisdiction of a county
15 or municipality in accordance with specified
16 requirements; requiring counties and municipalities
17 that install speed detection systems to notify the
18 public that such systems may be in use and of
19 enforcement of violations; providing requirements for
20 signage used to notify the public; requiring counties
21 and municipalities that have never conducted a speed
22 detection system program to make a public announcement
23 and conduct a public awareness campaign before
24 commencing enforcement using such system; providing
25 penalties in effect during the public awareness
26 campaign; creating s. 316.1896, F.S.; authorizing
27 counties and municipalities to authorize traffic
28 infraction enforcement officers to issue certain
29 traffic citations; providing construction; providing
30 notification requirements and procedures; authorizing
31 persons who receive notices of violation to request a
32 hearing within a specified timeframe; defining the
33 term “person”; providing for waiver of challenge or
34 dispute as to the delivery of the notice of violation;
35 requiring counties and municipalities to pay certain
36 funds to the Department of Revenue; providing for the
37 distribution of funds; requiring that a traffic
38 citation be issued under specified circumstances;
39 providing for waiver of challenge or dispute as to the
40 delivery of the traffic citation; providing
41 notification requirements and procedures for the
42 issuance of a traffic citation; specifying that the
43 owner of a motor vehicle is responsible and liable for
44 paying a traffic citation; providing exceptions;
45 requiring an owner of a motor vehicle to furnish an
46 affidavit under certain circumstances; specifying
47 requirements for such affidavits; providing criminal
48 penalties; providing that photographic or electronic
49 images, streaming video, and measurement of the
50 vehicle’s speed measured by a speed detection system
51 are evidence of a violation of a specified provision
52 of law and are admissible in certain proceedings;
53 providing a rebuttable presumption; providing
54 requirements and procedures for hearings; amending s.
55 316.1906, F.S.; revising the definition of the term
56 “officer”; authorizing traffic infraction enforcement
57 officers to satisfy a certain requirement by reviewing
58 the video of an alleged infraction; providing
59 construction; providing requirements for speed
60 detection systems; requiring a law enforcement agency
61 and its agents that operate a speed detection system
62 to maintain a log of results of the system’s self
63 tests; requiring a law enforcement agency and its
64 agents to perform independent calibration tests of
65 such systems; providing that self-test logs and
66 calibration tests are admissible in court proceedings
67 relating to certain violations; amending ss. 316.306,
68 316.640, 316.650, 318.14, and 655.960, F.S.;
69 conforming cross-references and provisions to changes
70 made by the act; providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Present subsections (79) through (105) of
75 section 316.003, Florida Statutes, are redesignated as
76 subsections (80) through (106), respectively, a new subsection
77 (79) is added to that section, and subsection (62) of that
78 section is amended, to read:
79 316.003 Definitions.—The following words and phrases, when
80 used in this chapter, shall have the meanings respectively
81 ascribed to them in this section, except where the context
82 otherwise requires:
83 (62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
84 in paragraph (85)(b) (84)(b), any privately owned way or place
85 used for vehicular travel by the owner and those having express
86 or implied permission from the owner, but not by other persons.
87 (79) SPEED DETECTION SYSTEM.—An automated system used to
88 record a vehicle’s speed using radar and to capture a photograph
89 or video of a vehicle that exceeds the speed limit in force at
90 the time of violation.
91 Section 2. Subsection (9) is added to section 316.008,
92 Florida Statutes, to read:
93 316.008 Powers of local authorities.—
94 (9)(a) A county or municipality may enforce school speed
95 zones, as provided in s. 316.1895, through the use of a speed
96 detection system for the measurement of speed and recording of
97 photographs or videos for violations that are in excess of 10
98 miles per hour over the speed limit in force at the time of the
99 violation. A school zone that is in compliance with s. 316.1895
100 creates a rebuttable presumption that the school zone is being
101 properly maintained.
102 (b) A county or municipality may install, or contract with
103 a vendor to install, a speed detection system within 1,000 feet
104 of a school zone to enforce speed limits in school speed zones,
105 as provided by s. 316.1895.
106 Section 3. Section 316.0776, Florida Statutes, is amended
107 to read:
108 316.0776 Traffic infraction detectors; speed detection
109 systems; placement and installation.—
110 (1) Traffic infraction detectors are allowed on state roads
111 when permitted by the Department of Transportation and under
112 placement and installation specifications developed by the
113 Department of Transportation. Traffic infraction detectors are
114 allowed on streets and highways under the jurisdiction of
115 counties or municipalities in accordance with placement and
116 installation specifications developed by the Department of
117 Transportation.
118 (2)(a) If the department, county, or municipality installs
119 a traffic infraction detector at an intersection, the
120 department, county, or municipality shall notify the public that
121 a traffic infraction device may be in use at that intersection
122 and must specifically include notification of camera enforcement
123 of violations concerning right turns. Such signage used to
124 notify the public must meet the specifications for uniform
125 signals and devices adopted by the Department of Transportation
126 pursuant to s. 316.0745.
127 (b) If the department, county, or municipality begins a
128 traffic infraction detector program in a county or municipality
129 that has never conducted such a program, the respective
130 department, county, or municipality shall also make a public
131 announcement and conduct a public awareness campaign of the
132 proposed use of traffic infraction detectors at least 30 days
133 before commencing the enforcement program.
134 (3) A speed detection system may be installed on a state
135 road when permitted by the Department of Transportation and in
136 accordance with placement and installation specifications
137 developed by the Department of Transportation. A speed detection
138 system may be installed on a street or highway under the
139 jurisdiction of a county or a municipality in accordance with
140 placement and installation specifications developed by the
141 Department of Transportation.
142 (a) If a county or municipality installs a speed detection
143 system, the county or municipality must notify the public that a
144 speed detection system may be in use and must specifically
145 include notification of camera or video enforcement of
146 violations. Such signage used to notify the public must meet the
147 specifications for uniform signals and devices adopted by the
148 Department of Transportation pursuant to s. 316.0745.
149 (b) If a county or municipality begins a speed detection
150 system program in a county or municipality that has never
151 conducted such a program, the respective county or municipality
152 shall make a public announcement and conduct a public awareness
153 campaign on the proposed use of speed detection systems at least
154 30 days before commencing enforcement under the speed detection
155 system program and notify the public of the specific date on
156 which the program will commence. During the 30-day public
157 awareness campaign about the speed detection system program, a
158 motor vehicle operator found to have violated s. 316.183 by a
159 speed detection system shall be issued a warning for the
160 violation and may not be liable for the civil penalty imposed
161 under s. 318.18.
162 Section 4. Section 316.1896, Florida Statutes, is created
163 to read:
164 316.1896 School speed zones; speed detection system
165 enforcement; penalties; appeal procedure.—
166 (1) For purposes of administering this section, a county or
167 municipality may authorize a traffic infraction enforcement
168 officer under s. 316.640 to issue a traffic citation for a
169 violation of s. 316.183, as evidenced by a speed detection
170 system, which is in excess of 10 miles per hour over the speed
171 limit in force at the time of the violation. This subsection
172 does not prohibit a review of information from a speed detection
173 system by an authorized employee or agent of a county or
174 municipality before issuance of the traffic citation by the
175 traffic infraction enforcement officer. This subsection does not
176 prohibit a county or municipality from issuing notifications as
177 provided in subsection (2) to the registered owner of the motor
178 vehicle in violation of s. 316.183.
179 (2) Within 30 days after a violation, notification must be
180 sent to the registered owner of the motor vehicle involved in
181 the violation specifying the remedies available under s. 318.14
182 and that the violator must pay the penalty under s. 318.18 to
183 the county or municipality, or furnish an affidavit in
184 accordance with subsection (8), within 30 days following the
185 date of the notification of violation in order to avoid court
186 fees, costs, and the issuance of a traffic citation. The
187 notification of violation must:
188 (a) Be sent by first-class mail;
189 (b) Include a notice that the owner has the right to review
190 the photographic or electronic images, the streaming video
191 evidence, or evidence of the speed of the vehicle measured by a
192 radar speed-measuring device which constitutes a rebuttable
193 presumption against the owner of the vehicle; and
194 (c) State the time and place or website where the evidence
195 may be examined and observed.
196 (3) Notwithstanding any other law, a person who receives a
197 notice of violation under this section may request a hearing
198 within 30 days following the notification of violation or pay
199 the penalty pursuant to the notice of violation, but a payment
200 or fee may not be required before the hearing requested by the
201 person. The notice of violation must be accompanied by, or
202 direct the person to a website that provides, information on the
203 person’s right to request a hearing and on all court costs
204 related thereto and a form used for requesting a hearing. As
205 used in this subsection, the term “person” includes a natural
206 person, the registered owner or co-owner of a motor vehicle, or
207 the person identified on an affidavit as having care, custody,
208 or control of the motor vehicle at the time of the violation.
209 (4) If the registered owner or co-owner of the motor
210 vehicle; the person designated as having care, custody, or
211 control of the motor vehicle at the time of the violation; or an
212 authorized representative of the owner, co-owner, or designated
213 person initiates a proceeding to challenge the violation, such
214 person waives any challenge or dispute as to the delivery of the
215 notice of violation.
216 (5) Penalties assessed and collected by the county or
217 municipality authorized to collect the funds provided for in
218 this section, less the amount retained by the county,
219 municipality, or other local government entity pursuant to
220 paragraph (b), shall be paid to the Department of Revenue
221 weekly. Payment by the county or municipality to the state must
222 be made by means of electronic funds transfer. In addition to
223 the payment, a detailed summary of the penalties remitted shall
224 be reported to the Department of Revenue. Penalties to be
225 assessed and collected by the county or municipality as
226 established in s. 318.18(3)(b) and (c) shall be remitted as
227 follows:
228 (a) Forty-five percent of the fine shall be remitted to the
229 Department of Revenue for deposit into the General Revenue Fund.
230 (b) Forty-five percent shall be retained by the county or
231 municipality and shall be used to administer speed detection
232 systems in school zones or other public safety initiatives.
233 (c) Three percent shall be remitted to the Department of
234 Revenue for deposit into the Department of Law Enforcement
235 Criminal Justice Standards and Training Fund.
236 (d) Four percent shall be remitted to the public school
237 district in which the violation occurred, to be used for school
238 security initiatives or teacher salaries. Funds remitted under
239 this paragraph shall be shared with charter schools in the
240 district, based on each charter school’s proportionate share of
241 the district’s total unweighted full-time equivalent student
242 enrollment, and used for school security initiatives or teacher
243 salaries.
244 (e) Three percent shall be remitted to the Department of
245 Revenue for deposit into the General Revenue Fund for the
246 benefit of the Coach Aaron Feis Guardian Program.
247 (6) A traffic citation shall be issued by mailing the
248 traffic citation by certified mail to the address of the
249 registered owner of the motor vehicle involved in the violation
250 if payment has not been made within 30 days after notification
251 under subsection (2), if the registered owner has not requested
252 a hearing as authorized under subsection (3), or if the
253 registered owner has not submitted an affidavit under subsection
254 (8).
255 (a) Delivery of the traffic citation constitutes
256 notification under this subsection. If the registered owner or
257 co-owner of the motor vehicle; the person designated as having
258 care, custody, or control of the motor vehicle at the time of
259 the violation; or a duly authorized representative of the owner,
260 co-owner, or designated person initiates a proceeding to
261 challenge the citation pursuant to this section, such person
262 waives any challenge or dispute as to the delivery of the
263 traffic citation.
264 (b) In the case of joint ownership of a motor vehicle, the
265 traffic citation shall be mailed to the first name appearing on
266 the registration, unless the first name appearing on the
267 registration is a business organization, in which case the
268 second name appearing on the registration may be used.
269 (c) Included with the notification to the registered owner
270 of the motor vehicle involved in the infraction shall be a
271 notice that the owner has a right to review, in person or
272 remotely, the photographic or electronic images, the streaming
273 video evidence, or evidence of the speed of the vehicle as
274 measured by a radar speed-measuring device which constitutes a
275 rebuttable presumption against the owner of the vehicle. The
276 notice must state the time and place or website where the
277 evidence may be examined and observed.
278 (7) The owner of the motor vehicle involved in the
279 violation is responsible and liable for paying the uniform
280 traffic citation issued for a violation of s. 316.183, unless
281 the owner can establish that:
282 (a) The motor vehicle was, at the time of the violation, in
283 the care, custody, or control of another person;
284 (b) A uniform traffic citation was issued by law
285 enforcement to the driver of the motor vehicle for the alleged
286 violation of s. 316.183; or
287 (c) The motor vehicle’s owner was deceased on or before the
288 date that the uniform traffic citation was issued, as
289 established by an affidavit submitted by the representative of
290 the motor vehicle owner’s estate or other designated person or
291 family member.
292 (8) To establish such facts under subsection (7), the owner
293 of the motor vehicle shall, within 30 days after the date of
294 issuance of the traffic citation, furnish to the appropriate
295 governmental entity an affidavit setting forth detailed
296 information supporting an exception as provided in subsection
297 (7).
298 (a) An affidavit supporting an exemption under paragraph
299 (7)(a) must include the name, address, date of birth, and, if
300 known, the driver license number of the person who leased,
301 rented, or otherwise had care, custody, or control of the motor
302 vehicle at the time of the alleged violation. If the motor
303 vehicle was stolen at the time of the alleged violation, the
304 affidavit must include the police report indicating that the
305 motor vehicle was stolen.
306 (b) If a traffic citation for a violation of s. 316.183 was
307 issued at the location of the violation by a law enforcement
308 officer, the affidavit must include the serial number of the
309 uniform traffic citation.
310 (c) If the motor vehicle’s owner to whom a traffic citation
311 has been issued is deceased, the affidavit must include a
312 certified copy of the owner’s death certificate showing that the
313 date of death occurred on or before the issuance of the uniform
314 traffic citation and one of the following:
315 1. A bill of sale or other document showing that the
316 deceased owner’s motor vehicle was sold or transferred after his
317 or her death, but on or before the date of the alleged
318 violation.
319 2. Documented proof that the registered license plate
320 belonging to the deceased owner’s vehicle was returned to the
321 department or any branch office or authorized agent of the
322 department, but on or before the date of the alleged violation.
323 3. A copy of the police report showing that the deceased
324 owner’s registered license plate or motor vehicle was stolen
325 after the owner’s death, but on or before the date of the
326 alleged violation.
327
328 Upon receipt of the affidavit and documentation required under
329 this paragraph, the governmental entity must dismiss the
330 citation and provide proof of such dismissal to the person who
331 submitted the affidavit.
332 (9) Upon receipt of an affidavit, the person designated as
333 having care, custody, or control of the motor vehicle at the
334 time of the violation may be issued a notice of violation
335 pursuant to paragraph (2) for a violation of s. 316.183. The
336 affidavit is admissible in a proceeding pursuant to this section
337 for the purpose of providing proof that the person identified in
338 the affidavit was in actual care, custody, or control of the
339 motor vehicle. The owner of a leased vehicle for which a traffic
340 citation is issued for a violation of s. 316.183 is not
341 responsible for paying the traffic citation and is not required
342 to submit an affidavit as specified in this subsection if the
343 motor vehicle involved in the violation is registered in the
344 name of the lessee of such motor vehicle.
345 (10) If a county or municipality receives an affidavit
346 under subsection (8), the notification required under subsection
347 (2) must be sent to the person identified in the affidavit
348 within 30 days after receipt of an affidavit.
349 (11) The submission of a false affidavit is a misdemeanor
350 of the second degree, punishable as provided in s. 775.082 or s.
351 775.083.
352 (12) The photographic or electronic images, streaming
353 video, and measurement of the vehicle’s speed measured by a
354 speed detection system attached to or referenced in the traffic
355 citation are evidence of a violation of s. 316.183 and are
356 admissible in any proceeding to enforce this section. The
357 images, video, and evidence raise a rebuttable presumption that
358 the motor vehicle named in the report or shown in the
359 photographic or electronic images or streaming video evidence
360 was used in violation of s. 316.183.
361 (13) This section supplements the enforcement of s. 316.183
362 by law enforcement officers and does not prohibit a law
363 enforcement officer from issuing a traffic citation for a
364 violation of s. 316.183.
365 (14) A hearing under this section shall be conducted under
366 the procedures established by s. 316.0083(5) and as follows:
367 (a) The department shall publish and make available
368 electronically to each county and municipality a model request
369 for hearing form to assist each local government administering
370 this section.
371 (b) The county or municipality electing to authorize
372 traffic infraction enforcement officers to issue traffic
373 citations under subsection (6) shall designate by resolution
374 existing staff to serve as the clerk to the local hearing
375 officer.
376 (c) Any person, herein referred to as the “petitioner,” who
377 elects to request a hearing under subsection (3) shall be
378 scheduled for a hearing by the clerk to the local hearing
379 officer. The clerk must furnish the petitioner with notice to be
380 sent by first-class mail. Upon receipt of the notice, the
381 petitioner may reschedule the hearing once by submitting a
382 written request to reschedule to the clerk to the local hearing
383 officer at least 5 calendar days before the day of the
384 originally scheduled hearing. The petitioner may cancel his or
385 her appearance before the local hearing officer by paying the
386 penalty assessed under subsection (2), plus the administrative
387 costs established in s. 316.0083(5)(c), before the start of the
388 hearing.
389 (d) All testimony at the hearing shall be under oath and
390 shall be recorded. The local hearing officer shall take
391 testimony from a traffic infraction enforcement officer and the
392 petitioner and may take testimony from others. The local hearing
393 officer shall review the photographic or electronic images, the
394 streaming video, and evidence of the speed of the vehicle
395 measured by a speed detection system made available under
396 paragraph (2)(b). Formal rules of evidence do not apply, but due
397 process shall be observed and govern the proceedings.
398 (e) At the conclusion of the hearing, the local hearing
399 officer shall determine whether a violation under this section
400 occurred, in which case the hearing officer shall uphold or
401 dismiss the violation. The local hearing officer shall issue a
402 final administrative order including the determination and, if
403 the notice of violation is upheld, require the petitioner to pay
404 the penalty previously assessed under subsection (2), and may
405 also require the petitioner to pay county or municipal costs not
406 to exceed the amount established in s. 316.0083(5)(e). The final
407 administrative order shall be mailed to the petitioner by first
408 class mail.
409 (f) An aggrieved party may appeal a final administrative
410 order consistent with the process provided under s. 162.11.
411 Section 5. Paragraph (d) of subsection (1) and paragraph
412 (b) of subsection (2) of section 316.1906, Florida Statutes, are
413 amended, and subsection (3) is added to that section, to read:
414 316.1906 Radar speed-measuring devices; evidence,
415 admissibility.—
416 (1) DEFINITIONS.—
417 (d) “Officer” means any:
418 1. “Law enforcement officer” who is elected, appointed, or
419 employed full time by any municipality or the state or any
420 political subdivision thereof; who is vested with the authority
421 to bear arms and make arrests; and whose primary responsibility
422 is the prevention and detection of crime or the enforcement of
423 the penal, criminal, traffic, or highway laws of the state;
424 2. “Part-time law enforcement officer” who is employed or
425 appointed less than full time, as defined by an employing
426 agency, with or without compensation; who is vested with
427 authority to bear arms and make arrests; and whose primary
428 responsibility is the prevention and detection of crime or the
429 enforcement of the penal, criminal, traffic, or highway laws of
430 the state; or
431 3. “Auxiliary law enforcement officer” who is employed or
432 appointed, with or without compensation; who aids or assists a
433 full-time or part-time law enforcement officer; and who, while
434 under the direct supervision of a full-time or part-time law
435 enforcement officer, has the authority to arrest and perform law
436 enforcement functions.
437 4. “Traffic infraction enforcement officer” who is employed
438 or appointed, and satisfies the requirements of s.
439 316.640(1)(b)3., with or without compensation; and who is vested
440 with authority to enforce s. 316.1896.
441 (2) Evidence of the speed of a vehicle measured by any
442 radar speed-measuring device shall be inadmissible in any
443 proceeding with respect to an alleged violation of provisions of
444 law regulating the lawful speed of vehicles, unless such
445 evidence of speed is obtained by an officer who:
446 (b) Has made an independent visual determination that the
447 vehicle is operating in excess of the applicable speed limit. A
448 traffic infraction enforcement officer may satisfy this
449 subsection through a review of the video of the alleged
450 infraction.
451 (3) A speed detection system is exempt from the design
452 requirements for radar units established by the Department of
453 Highway Safety and Motor Vehicles. A speed detection system must
454 have the ability to perform self-tests as to its detection
455 accuracy. The system must perform a self-test at least once
456 every 30 days. The law enforcement agency, or an agent acting on
457 behalf of the law enforcement agency, operating a speed
458 detection system shall maintain a log of the results of the
459 system’s self-tests. The law enforcement agency, or agent on
460 behalf of the law enforcement agency, operating a speed
461 detection system shall also perform an independent calibration
462 test on the speed detection system at least once every 12
463 months. The self-test logs, as well as the results of the annual
464 calibration test, are admissible in any court proceeding for a
465 violation issued pursuant to s. 316.1896.
466 Section 6. Paragraph (a) of subsection (3) of section
467 316.306, Florida Statutes, is amended to read:
468 316.306 School and work zones; prohibition on the use of a
469 wireless communications device in a handheld manner.—
470 (3)(a)1. A person may not operate a motor vehicle while
471 using a wireless communications device in a handheld manner in a
472 designated school crossing, school zone, or work zone area as
473 defined in s. 316.003(106) s. 316.003(105). This subparagraph
474 shall only be applicable to work zone areas if construction
475 personnel are present or are operating equipment on the road or
476 immediately adjacent to the work zone area. For the purposes of
477 this paragraph, a motor vehicle that is stationary is not being
478 operated and is not subject to the prohibition in this
479 paragraph.
480 2.a. During the period from October 1, 2019, through
481 December 31, 2019, a law enforcement officer may stop motor
482 vehicles to issue verbal or written warnings to persons who are
483 in violation of subparagraph 1. for the purposes of informing
484 and educating such persons of this section. This sub
485 subparagraph shall stand repealed on October 1, 2020.
486 b. Effective January 1, 2020, a law enforcement officer may
487 stop motor vehicles and issue citations to persons who are
488 driving while using a wireless communications device in a
489 handheld manner in violation of subparagraph 1.
490 Section 7. Paragraph (a) of subsection (5) of section
491 316.640, Florida Statutes, is amended to read:
492 316.640 Enforcement.—The enforcement of the traffic laws of
493 this state is vested as follows:
494 (5)(a) Any sheriff’s department or police department of a
495 municipality may employ, as a traffic infraction enforcement
496 officer, any individual who successfully completes instruction
497 in traffic enforcement procedures and court presentation through
498 the Selective Traffic Enforcement Program as approved by the
499 Division of Criminal Justice Standards and Training of the
500 Department of Law Enforcement, or through a similar program, but
501 who does not necessarily otherwise meet the uniform minimum
502 standards established by the Criminal Justice Standards and
503 Training Commission for law enforcement officers or auxiliary
504 law enforcement officers under s. 943.13. Any such traffic
505 infraction enforcement officer who observes the commission of a
506 traffic infraction or, in the case of a parking infraction, who
507 observes an illegally parked vehicle may issue a traffic
508 citation for the infraction when, based upon personal
509 investigation, he or she has reasonable and probable grounds to
510 believe that an offense has been committed which constitutes a
511 noncriminal traffic infraction as defined in s. 318.14. In
512 addition, any such traffic infraction enforcement officer may
513 issue a traffic citation under ss. 316.0083 and 316.1896 s.
514 316.0083. For purposes of enforcing ss. 316.0083 and 316.1896 s.
515 316.0083, any sheriff’s department or police department of a
516 municipality may designate employees as traffic infraction
517 enforcement officers. The traffic infraction enforcement
518 officers must be physically located in the county of the
519 respective sheriff’s or police department.
520 Section 8. Paragraphs (a) and (c) of subsection (3) of
521 section 316.650, Florida Statutes, are amended to read:
522 316.650 Traffic citations.—
523 (3)(a) Except for a traffic citation issued pursuant to s.
524 316.1001, or s. 316.0083, or s. 316.1896, each traffic
525 enforcement officer, upon issuing a traffic citation to an
526 alleged violator of any provision of the motor vehicle laws of
527 this state or of any traffic ordinance of any municipality or
528 town, shall deposit the original traffic citation or, in the
529 case of a traffic enforcement agency that has an automated
530 citation issuance system, the chief administrative officer shall
531 provide by an electronic transmission a replica of the citation
532 data to a court having jurisdiction over the alleged offense or
533 with its traffic violations bureau within 5 days after issuance
534 to the violator.
535 (c) If a traffic citation is issued under s. 316.0083 or s.
536 316.1896, the traffic infraction enforcement officer shall
537 provide by electronic transmission a replica of the traffic
538 citation data to the court having jurisdiction over the alleged
539 offense or its traffic violations bureau within 5 days after the
540 date of issuance of the traffic citation to the violator. If a
541 hearing is requested, the traffic infraction enforcement officer
542 shall provide a replica of the traffic notice of violation data
543 to the clerk for the local hearing officer having jurisdiction
544 over the alleged offense within 14 days.
545 Section 9. Subsection (2) of section 318.14, Florida
546 Statutes, is amended to read:
547 318.14 Noncriminal traffic infractions; exception;
548 procedures.—
549 (2) Except as provided in ss. 316.1001(2), and 316.0083,
550 and 316.1896, any person cited for a violation requiring a
551 mandatory hearing listed in s. 318.19 or any other criminal
552 traffic violation listed in chapter 316 must sign and accept a
553 citation indicating a promise to appear. The officer may
554 indicate on the traffic citation the time and location of the
555 scheduled hearing and must indicate the applicable civil penalty
556 established in s. 318.18. For all other infractions under this
557 section, except for infractions under s. 316.1001, the officer
558 must certify by electronic, electronic facsimile, or written
559 signature that the citation was delivered to the person cited.
560 This certification is prima facie evidence that the person cited
561 was served with the citation.
562 Section 10. Subsection (1) of section 655.960, Florida
563 Statutes, is amended to read:
564 655.960 Definitions; ss. 655.960-655.965.—As used in this
565 section and ss. 655.961-655.965, unless the context otherwise
566 requires:
567 (1) “Access area” means any paved walkway or sidewalk which
568 is within 50 feet of any automated teller machine. The term does
569 not include any street or highway open to the use of the public,
570 as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
571 including any adjacent sidewalk, as defined in s. 316.003.
572 Section 11. This act shall take effect July 1, 2021.