Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 702 Ì743940%Î743940 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/31/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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