Florida Senate - 2022 CS for SB 702 By the Committee on Judiciary; and Senators Burgess, Taddeo, and Perry 590-02530-22 2022702c1 1 A bill to be entitled 2 An act relating to photographic enforcement of school 3 bus safety; creating s. 316.616, F.S.; defining the 4 terms “school bus” and “side stop signal arm 5 enforcement system”; authorizing school districts to 6 install and operate side stop signal arm enforcement 7 systems on school buses; requiring school districts to 8 post certain warning signs or stickers on such buses; 9 authorizing school districts to contract with a 10 private vendor or manufacturer to provide side stop 11 signal arm enforcement systems and certain services; 12 requiring school districts to enter into interlocal 13 agreements with certain law enforcement agencies for 14 certain purposes; requiring manufacturers and vendors 15 to submit specified information to law enforcement 16 agencies within a specified timeframe; requiring law 17 enforcement agencies to review such information to 18 determine whether a violation occurred and 19 electronically certify the notice of violation under 20 certain circumstances; providing that certain 21 certificates sworn to or affirmed by a law enforcement 22 officer are prima facie evidence; providing that 23 recorded images evidencing a violation of the act are 24 admissible in any judicial or administrative 25 proceeding for a certain purpose; providing a 26 rebuttable presumption; providing notice requirements 27 and procedures; authorizing motor vehicle owners 28 served a notice of violation to take certain actions 29 as a final disposition of such notice; providing that 30 payment of the fine operates as a final disposition of 31 the civil penalty; providing notice requirements and 32 procedures for unpaid civil penalties; requiring the 33 Department of Highway Safety and Motor Vehicles to 34 refuse to renew the registration of motor vehicles and 35 prohibit the transfer of title under specified 36 circumstances; requiring the department to remove 37 penalties imposed on a motor vehicle owner upon 38 receipt of a certain notification; requiring that side 39 stop signal arm enforcement system equipment be 40 incapable of automated or user-controlled remote 41 surveillance; specifying requirements of and 42 prohibitions on the use of recorded video and still 43 images captured by the side stop signal arm 44 enforcement system; providing that a motor vehicle 45 owner is not responsible for a violation of the act if 46 the vehicle was reported stolen at the time the 47 violation occurred; providing civil penalties; 48 providing for distribution of such penalties; 49 providing construction; requiring school districts 50 operating a side stop signal arm enforcement system to 51 provide a summary report to the Governor, the 52 Legislature, and the department annually by a 53 specified date; requiring the State Board of Education 54 to adopt rules for a specified purpose and authorizing 55 it to adopt other rules; amending s. 1006.21, F.S.; 56 conforming a provision to changes made by the act; 57 providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Section 316.616, Florida Statutes, is created to 62 read: 63 316.616 School buses; side stop signal arm enforcement 64 system.— 65 (1) As used in this section, the term: 66 (a) “School bus” has the same meaning as provided in s. 67 316.6145. 68 (b) “Side stop signal arm enforcement system” means a 69 camera system affixed to a school bus with two or more camera 70 sensors or computers that produce recorded video and two or more 71 film or digital photographic still images for the purpose of 72 documenting a motor vehicle being used or operated in a manner 73 that allegedly violates s. 316.172. 74 (2)(a) A school district may install and operate a side 75 stop signal arm enforcement system on a school bus for the 76 purpose of enforcing s. 316.172. The school district shall post 77 a warning sign or sticker on all school buses in which a system 78 is installed and operational indicating the use of such system. 79 (b) The school district may contract with a private vendor 80 or manufacturer to provide a side stop signal arm enforcement 81 system on each bus within its fleet, whether owned, contracted, 82 or leased, and for services including, but not limited to, the 83 installation, operation, and maintenance of the system. The 84 school district’s decision to establish a side stop signal arm 85 enforcement system must be based solely on the need to increase 86 public safety. 87 (c) A school district shall ensure that the side stop 88 signal arm enforcement system meets the requirements of 89 subsection (12). 90 (d) A school district shall enter into an interlocal 91 agreement with one or more law enforcement agencies authorized 92 to enforce violations of s. 316.172 within the geographic area 93 of the school district which jointly establishes the 94 responsibilities of enforcement and the reimbursement of costs 95 associated with side stop signal arm enforcement system 96 violations consistent with this section. 97 (3) Each private manufacturer or vendor shall, within 30 98 days after an alleged violation is captured, submit the 99 following information to a law enforcement agency authorized 100 pursuant to paragraph (2)(d): 101 (a) A copy of the recorded image showing the motor vehicle. 102 (b) The license plate number and state of issuance of the 103 motor vehicle. 104 (c) The date, time, and place of the alleged violation. 105 (4)(a) Each law enforcement agency authorized to enforce 106 violations pursuant to paragraph (2)(d) shall review the 107 information submitted by the private manufacturer or vendor as 108 provided under subsection (3) to determine whether there is 109 sufficient evidence that a violation of s. 316.172 occurred and, 110 if the evidence shows a violation occurred, shall electronically 111 certify a notice of violation. 112 (b) A certificate or a facsimile of a certificate based on 113 inspection of recorded images produced by a side stop signal arm 114 enforcement system and sworn to or affirmed by a law enforcement 115 officer authorized pursuant to paragraph (2)(d) to enforce 116 violations shall be prima facie evidence of the facts contained 117 in it. Upon request by the law enforcement agency, the school 118 district shall provide written documentation that the side stop 119 signal arm enforcement system was operating correctly at the 120 time of the alleged violation. 121 (c) A recorded image evidencing a violation of s. 316.172 122 shall be admissible in any judicial or administrative proceeding 123 to adjudicate the liability for the violation. 124 (d) A rebuttable presumption shall exist that the 125 registered owner of the motor vehicle was the driver at the time 126 of the alleged violation. 127 (5)(a) Within 30 days after receiving the information 128 provided under subsection (3), a law enforcement agency 129 authorized pursuant to paragraph (2)(d) to enforce violations or 130 an agent authorized by such law enforcement agency shall send by 131 first-class mail a notice of violation to the registered owner 132 of the motor vehicle involved in the violation. Mailing the 133 notice of violation constitutes notification. 134 (b) In the case of joint ownership of a motor vehicle, the 135 notice of violation shall be mailed to the first name appearing 136 on the registration. However, if the first name appearing on the 137 registration is a business entity, the second name appearing on 138 the registration may be used. 139 (c) The notice of violation must include all of the 140 following: 141 1. A copy of the recorded image showing the motor vehicle 142 involved in the violation. 143 2. A citation for the violation indicating the date, time, 144 and location of the alleged violation. 145 3. The amount of the civil penalty and the date by which 146 such penalty must be paid. 147 4. A copy of the certificate described in subsection (4) 148 and a statement of the inference therein. 149 5. Instructions on how to request a hearing to contest 150 liability or notice. 151 6. A warning that failure to pay the civil penalty or to 152 contest liability within 30 days after the notice is mailed 153 shall waive the right to contest liability. 154 (d) The owner of the motor vehicle involved in a violation 155 may admit responsibility for the violation and pay the fine as 156 indicated on the notice of violation. Payment of the fine 157 operates as a final disposition of the civil penalty. 158 (6)(a) If a violation has not been contested and the civil 159 penalty has not been paid within 30 days after a notice required 160 under subsection (5) is mailed, the law enforcement agency or an 161 agent authorized by the law enforcement agency shall send by 162 first-class mail a final notice of the unpaid civil penalty. The 163 final notice must inform the owner that the law enforcement 164 agency or the agent authorized by the law enforcement agency 165 shall send an electronic referral, in a form prescribed by the 166 department, to the department if the civil penalty is not paid 167 within 30 days after the final notice was mailed and that such 168 referral shall result in the nonrenewal of the registration of 169 such motor vehicle and prohibit the title transfer of such motor 170 vehicle within this state. 171 (b) Within 5 days after receipt of a referral under 172 paragraph (a), the department shall enter the referral into the 173 department’s motor vehicle database and shall refuse to renew 174 the registration of the motor vehicle and prohibit the title 175 transfer of the motor vehicle within this state until the civil 176 penalty is paid. 177 (c) The department shall remove the penalties imposed under 178 paragraph (b) upon receipt of notification, in an electronic 179 format and method prescribed by the department, by a law 180 enforcement agency or an agent authorized by the law enforcement 181 agency that the civil penalty has been paid. 182 (7)(a)1. Notwithstanding any other law, equipment deployed 183 as part of a side stop signal arm enforcement system as provided 184 under this section must be incapable of automated or user 185 controlled remote surveillance by means of recorded video or 186 still images. 187 2. Recorded images collected as part of the side stop 188 signal arm enforcement system may only be used to document 189 violations of s. 316.172 and may not be used for any other 190 surveillance purposes. 191 3. To the extent practicable, a side stop signal arm 192 enforcement system must use necessary technology to ensure that 193 recorded video or still images produced by the system do not 194 identify the driver, any passenger, or the contents of a motor 195 vehicle. 196 4. A notice of a violation issued under this section may 197 not be dismissed solely because a recorded video or still images 198 allow for the identification of the driver, any passenger, or 199 the contents of a motor vehicle as long as a reasonable effort 200 has been made to comply with this subsection. 201 (b) Any recorded video or still image obtained through the 202 use of a side stop signal arm enforcement system must be 203 destroyed within 90 days after the final disposition of the 204 recorded event. The vendor of a side stop signal arm enforcement 205 system shall provide the school district with written notice by 206 December 31 of each year that such records have been destroyed 207 in accordance with this section. 208 (c) Notwithstanding any other law, registered motor vehicle 209 owner information obtained as a result of the operation of a 210 side stop signal arm enforcement system is not the property of 211 the manufacturer or vendor of the system and may be used only 212 for the purposes of this section. 213 (8) The owner of a motor vehicle is not responsible for a 214 violation of this section if the vehicle involved was reported 215 to a state or local law enforcement agency as stolen at the time 216 the violation occurred. 217 (9) This section supplements the enforcement of s. 316.172 218 by law enforcement officers when a driver fails to stop while a 219 school bus is stopped and does not prohibit a law enforcement 220 officer from issuing a traffic citation for a violation of s. 221 316.172. 222 (10)(a) The registered owner of a motor vehicle who is 223 found in violation of s. 316.172 by a side stop signal arm 224 enforcement system is subject to a civil penalty of $200 for a 225 violation of s. 316.172(1)(a) and $400 for a violation of s. 226 316.172(1)(b). Notwithstanding s. 318.18(5), the fine shall be 227 paid to the school district in which the violation occurred and 228 must be used for the installation or maintenance of side stop 229 signal arm enforcement systems on school buses, for the 230 administration and costs associated with enforcement of such 231 violations, or for any other technology that increases the 232 safety of the transportation of students. 233 (b) For each violation under this section, the registered 234 owner of the motor vehicle shall be liable for the imposed 235 penalty unless the owner is convicted of the same violation 236 under s. 316.172 or unless the motor vehicle was stolen at the 237 time of the violation as provided under subsection (8). 238 (c) A violation for which a civil penalty is imposed 239 pursuant to this section is not considered a moving violation 240 for the purpose of assessing points under s. 322.27(3). Such 241 violation is noncriminal, and imposition of a civil penalty 242 pursuant to this section does not constitute a conviction, may 243 not be made a part of the driving record of the person upon whom 244 such liability is imposed, and may not be used for any purposes 245 in the provision of motor vehicle insurance. 246 (11) By December 31, 2022, and annually thereafter, a 247 school district operating a side stop signal arm enforcement 248 system shall provide a summary report to the Governor, the 249 President of the Senate, the Speaker of the House of 250 Representatives, and the department regarding the use and 251 operation of the system under this section, including the number 252 of citations issued and the amount of funds collected for the 253 preceding state fiscal year. 254 (12) A side stop signal arm enforcement system must meet 255 specifications established by the State Board of Education and 256 must be tested at regular intervals according to specifications 257 prescribed by state board rule. The state board must establish 258 such specifications by rule on or before December 31, 2022. 259 However, any such equipment acquired by purchase, lease, or 260 other arrangement under an agreement entered into by a school 261 district on or before July 1, 2023, or equipment used to enforce 262 violations of s. 316.172 on or before July 1, 2023, is not 263 required to meet the specifications established by the state 264 board until July 1, 2023. 265 (13) The State Board of Education may adopt rules to 266 address student privacy concerns that may arise from the use of 267 a side stop signal arm enforcement system. 268 Section 2. Paragraph (h) is added to subsection (3) of 269 section 1006.21, Florida Statutes, to read: 270 1006.21 Duties of district school superintendent and 271 district school board regarding transportation.— 272 (3) District school boards, after considering 273 recommendations of the district school superintendent: 274 (h) May install and operate, or enter into an agreement 275 with a private vendor or manufacturer to provide, a side stop 276 signal arm enforcement system for each school bus pursuant to s. 277 316.616. 278 Section 3. This act shall take effect July 1, 2022.