Florida Senate - 2023                                    SB 1326
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00904-23                                           20231326__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle license tags;
    3         amending s. 316.003, F.S.; deleting the definitions of
    4         the terms “local hearing officer” and “traffic
    5         infraction detector”; repealing ss. 316.008(8),
    6         316.0083, and 316.00831, F.S., relating to the
    7         installation and use of traffic infraction detectors
    8         to enforce specified provisions, the authorization for
    9         the Department of Highway Safety and Motor Vehicles, a
   10         county, or a municipality to use a traffic enforcement
   11         officer for a specified purpose, and the distribution
   12         of penalties collected for specified violations,
   13         respectively; repealing ss. 316.07456, 316.0776,
   14         318.15(3), and 321.50, F.S., relating to transitional
   15         implementation of traffic infraction detectors,
   16         placement and installation of traffic infraction
   17         detectors, and failure to comply with civil penalty or
   18         to appear, and authorization to use traffic infraction
   19         detectors, respectively; amending s. 718.114, F.S.;
   20         prohibiting a condominium association from using
   21         certain devices; providing an exception; amending s.
   22         720.303, F.S.; prohibiting a homeowners’ association
   23         from using certain devices; providing an exception;
   24         amending s. 723.023, F.S.; prohibiting a mobile home
   25         owner from using certain devices; providing an
   26         exception; amending ss. 28.37, 316.306, 316.640,
   27         316.650, 318.121, 318.14, 318.18, 320.03, 322.27, and
   28         655.960, F.S.; conforming cross-references and
   29         provisions to changes made by the act; providing an
   30         effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (38), (64), and (98) of section
   35  316.003, Florida Statutes, are amended to read:
   36         316.003 Definitions.—The following words and phrases, when
   37  used in this chapter, shall have the meanings respectively
   38  ascribed to them in this section, except where the context
   39  otherwise requires:
   40         (38) LOCAL HEARING OFFICER.—The person, designated by a
   41  department, county, or municipality that elects to authorize
   42  traffic infraction enforcement officers to issue traffic
   43  citations under s. 316.0083(1)(a), who is authorized to conduct
   44  hearings related to a notice of violation issued pursuant to s.
   45  316.0083. The charter county, noncharter county, or municipality
   46  may use its currently appointed code enforcement board or
   47  special magistrate to serve as the local hearing officer. The
   48  department may enter into an interlocal agreement to use the
   49  local hearing officer of a county or municipality.
   50         (63)(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   51  provided in paragraph (86)(b) (87)(b), any privately owned way
   52  or place used for vehicular travel by the owner and those having
   53  express or implied permission from the owner, but not by other
   54  persons.
   55         (98) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
   56  installed to work in conjunction with a traffic control signal
   57  and a camera or cameras synchronized to automatically record two
   58  or more sequenced photographic or electronic images or streaming
   59  video of only the rear of a motor vehicle at the time the
   60  vehicle fails to stop behind the stop bar or clearly marked stop
   61  line when facing a traffic control signal steady red light. Any
   62  notification under s. 316.0083(1)(b) or traffic citation issued
   63  by the use of a traffic infraction detector must include a
   64  photograph or other recorded image showing both the license tag
   65  of the offending vehicle and the traffic control device being
   66  violated.
   67         Section 2. Subsection (8) of section 316.008, Florida
   68  Statutes, is repealed.
   69         Section 3. Section 316.0083, Florida Statutes, is repealed.
   70         Section 4. Section 316.00831, Florida Statutes, is
   71  repealed.
   72         Section 5. Section 316.07456, Florida Statutes, is
   73  repealed.
   74         Section 6. Section 316.0776, Florida Statutes, is repealed.
   75         Section 7. Subsection (3) of section 318.15, Florida
   76  Statutes, is repealed.
   77         Section 8. Section 321.50, Florida Statutes, is repealed.
   78         Section 9. Section 718.114, Florida Statutes, is amended to
   79  read:
   80         718.114 Association powers.—
   81         (1) An association may enter into agreements to acquire
   82  leaseholds, memberships, and other possessory or use interests
   83  in lands or facilities such as country clubs, golf courses,
   84  marinas, and other recreational facilities, regardless of
   85  whether the lands or facilities are contiguous to the lands of
   86  the condominium, if such lands and facilities are intended to
   87  provide enjoyment, recreation, or other use or benefit to the
   88  unit owners. All of these leaseholds, memberships, and other
   89  possessory or use interests existing or created at the time of
   90  recording the declaration must be stated and fully described in
   91  the declaration. Subsequent to the recording of the declaration,
   92  agreements acquiring these leaseholds, memberships, or other
   93  possessory or use interests which are not entered into within 12
   94  months of the date of the recording of the certificate of a
   95  surveyor and mapper pursuant to s. 718.104(4)(e) or the
   96  recording of an instrument that transfers title to a unit in the
   97  condominium which is not accompanied by a recorded assignment of
   98  developer rights in favor of the grantee of such unit, whichever
   99  occurs first, are a material alteration or substantial addition
  100  to the real property that is association property, and the
  101  association may not acquire or enter into such agreements except
  102  upon a vote of, or written consent by, a majority of the total
  103  voting interests or as authorized by the declaration as provided
  104  in s. 718.113. The declaration may provide that the rental,
  105  membership fees, operations, replacements, and other expenses
  106  are common expenses and may impose covenants and restrictions
  107  concerning their use and may contain other provisions not
  108  inconsistent with this chapter. A condominium association may
  109  conduct bingo games as provided in s. 849.0931.
  110         (2)An association may not use any device that
  111  automatically photographs or records the license tag of a
  112  vehicle unless a supermajority of the members approve such
  113  device.
  114         Section 10. Subsection (13) is added to section 720.303,
  115  Florida Statutes, to read:
  116         720.303 Association powers and duties; meetings of board;
  117  official records; budgets; financial reporting; association
  118  funds; recalls.—
  119         (13) DEVICES PROHIBITED.—An association may not use any
  120  device that automatically photographs or records the license tag
  121  of a vehicle unless a supermajority of the members approve such
  122  device.
  123         Section 11. Subsection (6) is added to section 723.023,
  124  Florida Statutes, to read:
  125         723.023 Mobile home owner’s general obligations.—A mobile
  126  home owner shall:
  127         (6) Be prohibited from using any device that automatically
  128  photographs or records the license tag of a vehicle unless a
  129  supermajority of the mobile home owners approve such device.
  130         Section 12. Subsection (6) of section 28.37, Florida
  131  Statutes, is amended to read:
  132         28.37 Fines, fees, service charges, and costs remitted to
  133  the state.—
  134         (6) Ten percent of all court-related fines collected by the
  135  clerk, except for penalties or fines distributed to counties or
  136  municipalities under s. 318.18(15) s. 316.0083(1)(b)3. or s.
  137  318.18(15)(a), must be deposited into the fine and forfeiture
  138  fund to be used exclusively for clerk court-related functions,
  139  as provided in s. 28.35(3)(a).
  140         Section 13. Paragraph (a) of subsection (3) of section
  141  316.306, Florida Statutes, is amended to read:
  142         316.306 School and work zones; prohibition on the use of a
  143  wireless communications device in a handheld manner.—
  144         (3)(a)1. A person may not operate a motor vehicle while
  145  using a wireless communications device in a handheld manner in a
  146  designated school crossing, school zone, or work zone area as
  147  defined in s. 316.003 s. 316.003(109). This subparagraph is
  148  shall only be applicable to work zone areas if construction
  149  personnel are present or are operating equipment on the road or
  150  immediately adjacent to the work zone area. For the purposes of
  151  this paragraph, a motor vehicle that is stationary is not being
  152  operated and is not subject to the prohibition in this
  153  paragraph.
  154         2. Effective January 1, 2020, a law enforcement officer may
  155  stop motor vehicles and issue citations to persons who are
  156  driving while using a wireless communications device in a
  157  handheld manner in violation of subparagraph 1.
  158         Section 14. Paragraph (b) of subsection (1) and paragraph
  159  (a) of subsection (5) of section 316.640, Florida Statutes, are
  160  amended to read:
  161         316.640 Enforcement.—The enforcement of the traffic laws of
  162  this state is vested as follows:
  163         (1) STATE.—
  164         (b)1. The Department of Transportation has authority to
  165  enforce on all the streets and highways of this state all laws
  166  applicable within its authority.
  167         2.a. The Department of Transportation shall develop
  168  training and qualifications standards for toll enforcement
  169  officers whose sole authority is to enforce the payment of tolls
  170  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  171  construed to permit the carrying of firearms or other weapons,
  172  nor shall a toll enforcement officer have arrest authority.
  173         b. For the purpose of enforcing s. 316.1001, governmental
  174  entities, as defined in s. 334.03, which own or operate a toll
  175  facility may employ independent contractors or designate
  176  employees as toll enforcement officers; however, any such toll
  177  enforcement officer must successfully meet the training and
  178  qualifications standards for toll enforcement officers
  179  established by the Department of Transportation.
  180         3. For the purpose of enforcing s. 316.0083, the department
  181  may designate employees as traffic infraction enforcement
  182  officers. A traffic infraction enforcement officer must
  183  successfully complete instruction in traffic enforcement
  184  procedures and court presentation through the Selective Traffic
  185  Enforcement Program as approved by the Division of Criminal
  186  Justice Standards and Training of the Department of Law
  187  Enforcement, or through a similar program, but may not
  188  necessarily otherwise meet the uniform minimum standards
  189  established by the Criminal Justice Standards and Training
  190  Commission for law enforcement officers or auxiliary law
  191  enforcement officers under s. 943.13. This subparagraph does not
  192  authorize the carrying of firearms or other weapons by a traffic
  193  infraction enforcement officer and does not authorize a traffic
  194  infraction enforcement officer to make arrests. The department’s
  195  traffic infraction enforcement officers must be physically
  196  located in the state.
  197         (5)(a) Any sheriff’s department or police department of a
  198  municipality may employ, as a traffic infraction enforcement
  199  officer, any individual who successfully completes instruction
  200  in traffic enforcement procedures and court presentation through
  201  the Selective Traffic Enforcement Program as approved by the
  202  Division of Criminal Justice Standards and Training of the
  203  Department of Law Enforcement, or through a similar program, but
  204  who does not necessarily otherwise meet the uniform minimum
  205  standards established by the Criminal Justice Standards and
  206  Training Commission for law enforcement officers or auxiliary
  207  law enforcement officers under s. 943.13. Any such traffic
  208  infraction enforcement officer who observes the commission of a
  209  traffic infraction or, in the case of a parking infraction, who
  210  observes an illegally parked vehicle may issue a traffic
  211  citation for the infraction when, based upon personal
  212  investigation, he or she has reasonable and probable grounds to
  213  believe that an offense has been committed which constitutes a
  214  noncriminal traffic infraction as defined in s. 318.14. In
  215  addition, any such traffic infraction enforcement officer may
  216  issue a traffic citation under s. 316.0083. For purposes of
  217  enforcing s. 316.0083, any sheriff’s department or police
  218  department of a municipality may designate employees as traffic
  219  infraction enforcement officers. The traffic infraction
  220  enforcement officers must be physically located in the county of
  221  the respective sheriff’s or police department.
  222         Section 15. Paragraphs (a) and (c) of subsection (3) of
  223  section 316.650, Florida Statutes, are amended to read:
  224         316.650 Traffic citations.—
  225         (3)(a) Except for a traffic citation issued pursuant to s.
  226  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  227  issuing a traffic citation to an alleged violator of any
  228  provision of the motor vehicle laws of this state or of any
  229  traffic ordinance of any municipality or town, shall deposit the
  230  original traffic citation or, in the case of a traffic
  231  enforcement agency that has an automated citation issuance
  232  system, the chief administrative officer shall provide by an
  233  electronic transmission a replica of the citation data to a
  234  court having jurisdiction over the alleged offense or with its
  235  traffic violations bureau within 5 days after issuance to the
  236  violator.
  237         (c) If a traffic citation is issued under s. 316.0083, the
  238  traffic infraction enforcement officer shall provide by
  239  electronic transmission a replica of the traffic citation data
  240  to the court having jurisdiction over the alleged offense or its
  241  traffic violations bureau within 5 days after the date of
  242  issuance of the traffic citation to the violator. If a hearing
  243  is requested, the traffic infraction enforcement officer shall
  244  provide a replica of the traffic notice of violation data to the
  245  clerk for the local hearing officer having jurisdiction over the
  246  alleged offense within 14 days.
  247         Section 16. Section 318.121, Florida Statutes, is amended
  248  to read:
  249         318.121 Preemption of additional fees, fines, surcharges,
  250  and costs.—Notwithstanding any general or special law, or
  251  municipal or county ordinance, additional fees, fines,
  252  surcharges, or costs other than the court costs and surcharges
  253  assessed under s. 318.18(11), (13), (18), and (19), and (22) may
  254  not be added to the civil traffic penalties assessed under this
  255  chapter.
  256         Section 17. Subsection (2) of section 318.14, Florida
  257  Statutes, is amended to read:
  258         318.14 Noncriminal traffic infractions; exception;
  259  procedures.—
  260         (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
  261  and 316.0083, any person cited for a violation requiring a
  262  mandatory hearing listed in s. 318.19 or any other criminal
  263  traffic violation listed in chapter 316 must sign and accept a
  264  citation indicating a promise to appear. The officer may
  265  indicate on the traffic citation the time and location of the
  266  scheduled hearing and must indicate the applicable civil penalty
  267  established in s. 318.18. For all other infractions under this
  268  section, except for infractions under s. 316.1001, the officer
  269  must certify by electronic, electronic facsimile, or written
  270  signature that the citation was delivered to the person cited.
  271  This certification is prima facie evidence that the person cited
  272  was served with the citation.
  273         Section 18. Subsections (15) and (22) of section 318.18,
  274  Florida Statutes, are amended to read:
  275         318.18 Amount of penalties.—The penalties required for a
  276  noncriminal disposition pursuant to s. 318.14 or a criminal
  277  offense listed in s. 318.17 are as follows:
  278         (15)(a)1. One hundred and fifty-eight dollars for a
  279  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  280  has failed to stop at a traffic signal and when enforced by a
  281  law enforcement officer. Sixty dollars shall be distributed as
  282  provided in s. 318.21, $30 shall be distributed to the General
  283  Revenue Fund, $3 shall be remitted to the Department of Revenue
  284  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  285  and the remaining $65 shall be remitted to the Department of
  286  Revenue for deposit into the Emergency Medical Services Trust
  287  Fund of the Department of Health.
  288         2. One hundred and fifty-eight dollars for a violation of
  289  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  290  stop at a traffic signal and when enforced by the department’s
  291  traffic infraction enforcement officer. One hundred dollars
  292  shall be remitted to the Department of Revenue for deposit into
  293  the General Revenue Fund, $45 shall be distributed to the county
  294  for any violations occurring in any unincorporated areas of the
  295  county or to the municipality for any violations occurring in
  296  the incorporated boundaries of the municipality in which the
  297  infraction occurred, $10 shall be remitted to the Department of
  298  Revenue for deposit into the Department of Health Emergency
  299  Medical Services Trust Fund for distribution as provided in s.
  300  395.4036(1), and $3 shall be remitted to the Department of
  301  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  302  Fund.
  303         3. One hundred and fifty-eight dollars for a violation of
  304  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  305  stop at a traffic signal and when enforced by a county’s or
  306  municipality’s traffic infraction enforcement officer. Seventy
  307  five dollars shall be distributed to the county or municipality
  308  issuing the traffic citation, $70 shall be remitted to the
  309  Department of Revenue for deposit into the General Revenue Fund,
  310  $10 shall be remitted to the Department of Revenue for deposit
  311  into the Department of Health Emergency Medical Services Trust
  312  Fund for distribution as provided in s. 395.4036(1), and $3
  313  shall be remitted to the Department of Revenue for deposit into
  314  the Brain and Spinal Cord Injury Trust Fund.
  315         (b) Amounts deposited into the Brain and Spinal Cord Injury
  316  Trust Fund pursuant to this subsection shall be distributed
  317  quarterly to the Miami Project to Cure Paralysis and shall be
  318  used for brain and spinal cord research.
  319         (c) If a person who is mailed a notice of violation or
  320  cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
  321  enforced by a traffic infraction enforcement officer under s.
  322  316.0083, presents documentation from the appropriate
  323  governmental entity that the notice of violation or traffic
  324  citation was in error, the clerk of court or clerk to the local
  325  hearing officer may dismiss the case. The clerk of court or
  326  clerk to the local hearing officer may not charge for this
  327  service.
  328         (d) An individual may not receive a commission or per
  329  ticket fee from any revenue collected from violations detected
  330  through the use of a traffic infraction detector. A manufacturer
  331  or vendor may not receive a fee or remuneration based upon the
  332  number of violations detected through the use of a traffic
  333  infraction detector.
  334         (e) Funds deposited into the Department of Health Emergency
  335  Medical Services Trust Fund under this subsection shall be
  336  distributed as provided in s. 395.4036(1).
  337         (22) In addition to the penalty prescribed under s.
  338  316.0083 for violations enforced under s. 316.0083 which are
  339  upheld, the local hearing officer may also order the payment of
  340  county or municipal costs, not to exceed $250.
  341         Section 19. Subsection (8) of section 320.03, Florida
  342  Statutes, is amended to read:
  343         320.03 Registration; duties of tax collectors;
  344  International Registration Plan.—
  345         (8) If the applicant’s name appears on the list referred to
  346  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  347  713.78(13), a license plate or revalidation sticker may not be
  348  issued until that person’s name no longer appears on the list or
  349  until the person presents a receipt from the governmental entity
  350  or the clerk of court that provided the data showing that the
  351  fines outstanding have been paid. This subsection does not apply
  352  to the owner of a leased vehicle if the vehicle is registered in
  353  the name of the lessee of the vehicle. The tax collector and the
  354  clerk of the court are each entitled to receive monthly, as
  355  costs for implementing and administering this subsection, 10
  356  percent of the civil penalties and fines recovered from such
  357  persons. As used in this subsection, the term “civil penalties
  358  and fines” does not include a wrecker operator’s lien as
  359  described in s. 713.78(13). If the tax collector has private tag
  360  agents, such tag agents are entitled to receive a pro rata share
  361  of the amount paid to the tax collector, based upon the
  362  percentage of license plates and revalidation stickers issued by
  363  the tag agent compared to the total issued within the county.
  364  The authority of any private agent to issue license plates shall
  365  be revoked, after notice and a hearing as provided in chapter
  366  120, if he or she issues any license plate or revalidation
  367  sticker contrary to the provisions of this subsection. This
  368  section applies both to the annual renewal of a motor vehicle
  369  registration and the replacement of the motor vehicle
  370  registration or license plate, but does not apply to the
  371  transfer of a registration of a motor vehicle sold by a motor
  372  vehicle dealer licensed under this chapter, except for the
  373  transfer of registrations which includes the annual renewals.
  374  This section does not affect the issuance of the title to a
  375  motor vehicle, notwithstanding s. 319.23(8)(b).
  376         Section 20. Paragraph (d) of subsection (3) of section
  377  322.27, Florida Statutes, is amended to read:
  378         322.27 Authority of department to suspend or revoke driver
  379  license or identification card.—
  380         (3) There is established a point system for evaluation of
  381  convictions of violations of motor vehicle laws or ordinances,
  382  and violations of applicable provisions of s. 403.413(6)(b) when
  383  such violations involve the use of motor vehicles, for the
  384  determination of the continuing qualification of any person to
  385  operate a motor vehicle. The department is authorized to suspend
  386  the license of any person upon showing of its records or other
  387  good and sufficient evidence that the licensee has been
  388  convicted of violation of motor vehicle laws or ordinances, or
  389  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  390  more points as determined by the point system. The suspension
  391  shall be for a period of not more than 1 year.
  392         (d) The point system shall have as its basic element a
  393  graduated scale of points assigning relative values to
  394  convictions of the following violations:
  395         1. Reckless driving, willful and wanton—4 points.
  396         2. Leaving the scene of a crash resulting in property
  397  damage of more than $50—6 points.
  398         3. Unlawful speed, or unlawful use of a wireless
  399  communications device, resulting in a crash—6 points.
  400         4. Passing a stopped school bus:
  401         a. Not causing or resulting in serious bodily injury to or
  402  death of another—4 points.
  403         b. Causing or resulting in serious bodily injury to or
  404  death of another—6 points.
  405         5. Unlawful speed:
  406         a. Not in excess of 15 miles per hour of lawful or posted
  407  speed—3 points.
  408         b. In excess of 15 miles per hour of lawful or posted
  409  speed—4 points.
  410         6. A violation of a traffic control signal device as
  411  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  412  However, no points shall be imposed for a violation of s.
  413  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  414  stop at a traffic signal and when enforced by a traffic
  415  infraction enforcement officer. In addition, a violation of s.
  416  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  417  stop at a traffic signal and when enforced by a traffic
  418  infraction enforcement officer may not be used for purposes of
  419  setting motor vehicle insurance rates.
  420         7. All other moving violations, (including parking on a
  421  highway outside the limits of a municipality)—3 points. However,
  422  no points may not shall be imposed for a violation of s.
  423  316.0741 or s. 316.2065(11); and points may shall be imposed for
  424  a violation of s. 316.1001 only when imposed by the court after
  425  a hearing pursuant to s. 318.14(5).
  426         8. Any moving violation covered in this paragraph,
  427  excluding unlawful speed and unlawful use of a wireless
  428  communications device, resulting in a crash—4 points.
  429         9. Any conviction under s. 403.413(6)(b)—3 points.
  430         10. Any conviction under s. 316.0775(2)—4 points.
  431         11. A moving violation covered in this paragraph which is
  432  committed in conjunction with the unlawful use of a wireless
  433  communications device within a school safety zone—2 points, in
  434  addition to the points assigned for the moving violation.
  435         Section 21. Subsection (1) of section 655.960, Florida
  436  Statutes, is amended to read:
  437         655.960 Definitions; ss. 655.960-655.965.—As used in this
  438  section and ss. 655.961-655.965, unless the context otherwise
  439  requires:
  440         (1) “Access area” means any paved walkway or sidewalk which
  441  is within 50 feet of any automated teller machine. The term does
  442  not include any street or highway open to the use of the public,
  443  as defined in s. 316.003(86)(a) or (b) s. 316.003(87)(a) or (b),
  444  including any adjacent sidewalk, as defined in s. 316.003.
  445         Section 22. This act shall take effect July 1, 2023.