Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 702
       
       
       
       
       
       
                                Ì743940%Î743940                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2022           .                                
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       The Committee on Judiciary (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 88 - 239
    4  and insert:
    5         (d)A school district shall enter into an interlocal
    6  agreement with one or more law enforcement agencies authorized
    7  to enforce violations of s. 316.172 within the geographic area
    8  of the school district which jointly establishes the
    9  responsibilities of enforcement and the reimbursement of costs
   10  associated with side stop signal arm enforcement system
   11  violations consistent with this section.
   12         (3)Each private manufacturer or vendor shall, within 30
   13  days after an alleged violation is captured, submit the
   14  following information to a law enforcement agency authorized
   15  pursuant to paragraph (2)(d):
   16         (a)A copy of the recorded image showing the motor vehicle.
   17         (b)The license plate number and state of issuance of the
   18  motor vehicle.
   19         (c)The date, time, and place of the alleged violation.
   20         (4)(a)Each law enforcement agency authorized to enforce
   21  violations pursuant to paragraph (2)(d) shall review the
   22  information submitted by the private manufacturer or vendor as
   23  provided under subsection (3) to determine whether there is
   24  sufficient evidence that a violation of s. 316.172 occurred and,
   25  if the evidence shows a violation occurred, shall electronically
   26  certify a notice of violation.
   27         (b)A certificate or a facsimile of a certificate based on
   28  inspection of recorded images produced by a side stop signal arm
   29  enforcement system and sworn to or affirmed by a law enforcement
   30  officer authorized pursuant to paragraph (2)(d) to enforce
   31  violations shall be prima facie evidence of the facts contained
   32  in it. Upon request by the law enforcement agency, the school
   33  district shall provide written documentation that the side stop
   34  signal arm enforcement system was operating correctly at the
   35  time of the alleged violation.
   36         (c)A recorded image evidencing a violation of s. 316.172
   37  shall be admissible in any judicial or administrative proceeding
   38  to adjudicate the liability for the violation.
   39         (d)A rebuttable presumption shall exist that the
   40  registered owner of the motor vehicle was the driver at the time
   41  of the alleged violation.
   42         (5)(a)Within 30 days after receiving the information
   43  provided under subsection (3), a law enforcement agency
   44  authorized pursuant to paragraph (2)(d) to enforce violations or
   45  an agent authorized by such law enforcement agency shall send by
   46  first-class mail a notice of violation to the registered owner
   47  of the motor vehicle involved in the violation. Mailing the
   48  notice of violation constitutes notification.
   49         (b)In the case of joint ownership of a motor vehicle, the
   50  notice of violation shall be mailed to the first name appearing
   51  on the registration. However, if the first name appearing on the
   52  registration is a business entity, the second name appearing on
   53  the registration may be used.
   54         (c)The notice of violation must include all of the
   55  following:
   56         1.A copy of the recorded image showing the motor vehicle
   57  involved in the violation.
   58         2.A citation for the violation indicating the date, time,
   59  and location of the alleged violation.
   60         3.The amount of the civil penalty and the date by which
   61  such penalty must be paid.
   62         4.A copy of the certificate described in subsection (4)
   63  and a statement of the inference therein.
   64         5.Instructions on how to request a hearing to contest
   65  liability or notice.
   66         6.A warning that failure to pay the civil penalty or to
   67  contest liability within 30 days after the notice is mailed
   68  shall waive the right to contest liability.
   69         (d)The owner of the motor vehicle involved in a violation
   70  may admit responsibility for the violation and pay the fine as
   71  indicated on the notice of violation. Payment of the fine
   72  operates as a final disposition of the civil penalty.
   73         (6)(a)If a violation has not been contested and the civil
   74  penalty has not been paid within 30 days after a notice required
   75  under subsection (5) is mailed, the law enforcement agency or an
   76  agent authorized by the law enforcement agency shall send by
   77  first-class mail a final notice of the unpaid civil penalty. The
   78  final notice must inform the owner that the law enforcement
   79  agency or the agent authorized by the law enforcement agency
   80  shall send an electronic referral, in a form prescribed by the
   81  department, to the department if the civil penalty is not paid
   82  within 30 days after the final notice was mailed and that such
   83  referral shall result in the nonrenewal of the registration of
   84  such motor vehicle and prohibit the title transfer of such motor
   85  vehicle within this state.
   86         (b)Within 5 days after receipt of a referral under
   87  paragraph (a), the department shall enter the referral into the
   88  department’s motor vehicle database and shall refuse to renew
   89  the registration of the motor vehicle and prohibit the title
   90  transfer of the motor vehicle within this state until the civil
   91  penalty is paid.
   92         (c)The department shall remove the penalties imposed under
   93  paragraph (b) upon receipt of notification, in an electronic
   94  format and method prescribed by the department, by a law
   95  enforcement agency or an agent authorized by the law enforcement
   96  agency that the civil penalty has been paid.
   97         (7)(a)1.Notwithstanding any other law, equipment deployed
   98  as part of a side stop signal arm enforcement system as provided
   99  under this section must be incapable of automated or user
  100  controlled remote surveillance by means of recorded video or
  101  still images.
  102         2.Recorded images collected as part of the side stop
  103  signal arm enforcement system may only be used to document
  104  violations of s. 316.172 and may not be used for any other
  105  surveillance purposes.
  106         3.To the extent practicable, a side stop signal arm
  107  enforcement system must use necessary technology to ensure that
  108  recorded video or still images produced by the system do not
  109  identify the driver, any passenger, or the contents of a motor
  110  vehicle.
  111         4.A notice of a violation issued under this section may
  112  not be dismissed solely because a recorded video or still images
  113  allow for the identification of the driver, any passenger, or
  114  the contents of a motor vehicle as long as a reasonable effort
  115  has been made to comply with this subsection.
  116         (b)Any recorded video or still image obtained through the
  117  use of a side stop signal arm enforcement system must be
  118  destroyed within 90 days after the final disposition of the
  119  recorded event. The vendor of a side stop signal arm enforcement
  120  system shall provide the school district with written notice by
  121  December 31 of each year that such records have been destroyed
  122  in accordance with this section.
  123         (c)Notwithstanding any other law, registered motor vehicle
  124  owner information obtained as a result of the operation of a
  125  side stop signal arm enforcement system is not the property of
  126  the manufacturer or vendor of the system and may be used only
  127  for the purposes of this section.
  128         (8)The owner of a motor vehicle is not responsible for a
  129  violation of this section if the vehicle involved was reported
  130  to a state or local law enforcement agency as stolen at the time
  131  the violation occurred.
  132         (9)This section supplements the enforcement of s. 316.172
  133  by law enforcement officers when a driver fails to stop while a
  134  school bus is stopped and does not prohibit a law enforcement
  135  officer from issuing a traffic citation for a violation of s.
  136  316.172.
  137         (10)(a)The registered owner of a motor vehicle who is
  138  found in violation of s. 316.172 by a side stop signal arm
  139  enforcement system is subject to a civil penalty of $200 for a
  140  violation of s. 316.172(1)(a) and $400 for a violation of s.
  141  316.172(1)(b). Notwithstanding s. 318.18(5), the fine shall be
  142  paid to the school district in which the violation occurred and
  143  must be used for the installation or maintenance of side stop
  144  signal arm enforcement systems on school buses, for the
  145  administration and costs associated with enforcement of such
  146  violations, or for any other
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149  And the title is amended as follows:
  150         Delete lines 12 - 36
  151  and insert:
  152         requiring school districts to enter into interlocal
  153         agreements with certain law enforcement agencies for
  154         certain purposes; requiring manufacturers and vendors
  155         to submit specified information to law enforcement
  156         agencies within a specified timeframe; requiring law
  157         enforcement agencies to review such information to
  158         determine whether a violation occurred and
  159         electronically certify the notice of violation under
  160         certain circumstances; providing that certain
  161         certificates sworn to or affirmed by a law enforcement
  162         officer are prima facie evidence; providing that
  163         recorded images evidencing a violation of this act are
  164         admissible in any judicial or administrative
  165         proceeding for a certain purpose; providing a
  166         rebuttable presumption; providing notice requirements
  167         and procedures; authorizing motor vehicle owners
  168         served a notice of violation to take certain actions
  169         as a final disposition of such notice; providing that
  170         payment of the fine operates as a final disposition of
  171         the civil penalty; providing notice requirements and
  172         procedures for unpaid civil penalties; requiring the
  173         Department of Highway Safety and Motor Vehicles to
  174         refuse to renew the registration of motor vehicles and
  175         prohibit the transfer of title under specified
  176         circumstances; requiring the department to remove
  177         penalties imposed on a motor vehicle owner upon
  178         receipt of a certain notification; requiring that side