Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 588
       
       
       
       
       
       
                                Ì444884MÎ444884                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2023           .                                
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       The Committee on Transportation (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 134 - 526
    4  and insert:
    5         Section 3. Section 316.0776, Florida Statutes, is amended
    6  to read:
    7         316.0776 Traffic infraction detectors; speed detection
    8  systems; placement and installation.—
    9         (1) Traffic infraction detectors are allowed on state roads
   10  when permitted by the Department of Transportation and under
   11  placement and installation specifications developed by the
   12  Department of Transportation. Traffic infraction detectors are
   13  allowed on streets and highways under the jurisdiction of
   14  counties or municipalities in accordance with placement and
   15  installation specifications developed by the Department of
   16  Transportation.
   17         (2)(a) If the department, county, or municipality installs
   18  a traffic infraction detector at an intersection, the
   19  department, county, or municipality must shall notify the public
   20  that a traffic infraction device may be in use at that
   21  intersection and must specifically include notification of
   22  camera enforcement of violations concerning right turns. Such
   23  signage used to notify the public must meet the specifications
   24  for uniform signals and devices adopted by the Department of
   25  Transportation pursuant to s. 316.0745.
   26         (b) If the department, county, or municipality begins a
   27  traffic infraction detector program in a county or municipality
   28  that has never conducted such a program, the respective
   29  department, county, or municipality must shall also make a
   30  public announcement and conduct a public awareness campaign of
   31  the proposed use of traffic infraction detectors at least 30
   32  days before commencing the enforcement program.
   33         (3)A speed detection system may be placed or installed on
   34  a state road after such placement or installation is permitted
   35  by the Department of Transportation and in accordance with
   36  placement and installation specifications developed by the
   37  Department of Transportation. A speed detection system may be
   38  placed or installed on a street or highway under the
   39  jurisdiction of a county or a municipality in accordance with
   40  placement and installation specifications established by the
   41  Department of Transportation. The Department of Transportation
   42  shall establish such placement and installation specifications
   43  by August 1, 2023.
   44         (a)If a county or municipality places or installs a speed
   45  detection system on a road maintained as a school zone as
   46  provided in s. 316.1895, the county or municipality must notify
   47  the public that a speed detection system may be in use, by
   48  posting signage of camera or video enforcement of violations.
   49  Such signage used to notify the public must meet the
   50  specifications for uniform signals and devices adopted by the
   51  Department of Transportation pursuant to s. 316.0745. For speed
   52  detection systems enforcing violations of ss. 316.183 and
   53  316.1895 on roads maintained as school zones, this paragraph
   54  governs the signage notifying the public of the use of a speed
   55  detection system, and a sign stating “Speeding Fines Doubled,”
   56  as provided in s. 316.1895(6), is not required when a violation
   57  of s. 316.1895 is enforced by a speed detection system in a
   58  designated school zone.
   59         (b)If a county or municipality begins a speed detection
   60  system program and has never previously conducted such a
   61  program, the respective county or municipality must make a
   62  public announcement and conduct a public awareness campaign on
   63  the proposed use of speed detection systems at least 30 days
   64  before commencing enforcement under the speed detection system
   65  program and must notify the public of the specific date on which
   66  the program will commence. During the 30-day public awareness
   67  campaign about the speed detection system program, only a
   68  warning may be issued to the registered owner for a violation of
   69  s. 316.183 or s. 316.1895, enforced by a speed detection system,
   70  and liability may not be imposed for the civil penalty under s.
   71  318.18(3)(d).
   72         Section 4. Section 316.1894, Florida Statutes, is created
   73  to read:
   74         316.1894 School crossing guard recruitment and retention
   75  programs.—The law enforcement agency in the local government
   76  unit administering a program that fines motorists for violations
   77  of the speed limit on a road maintained as a school zone
   78  pursuant to s. 316.1895 shall use the funds generated from the
   79  program pursuant to s. 316.1896(6)(e) for school crossing guard
   80  recruitment and retention programs. These programs may provide
   81  recruitment and retention stipends to crossing guards at K-12
   82  public schools, including charter schools, or stipends to third
   83  parties for the recruitment of new crossing guards. The
   84  administering law enforcement agency has discretion to design
   85  and manage crossing guard recruitment and retention programs
   86  within its local jurisdiction.
   87         Section 5. Section 316.1896, Florida Statutes, is created
   88  to read:
   89         316.1896 Areas maintained as school zones; speed detection
   90  system enforcement; penalties; appeal procedure.—
   91         (1)For purposes of administering this section, a county or
   92  municipality may authorize a traffic infraction enforcement
   93  officer under s. 316.640 to issue a traffic citation for a
   94  violation of the speed limit on a road maintained as a school
   95  zone pursuant to s. 316.1895, as follows:
   96         (a)For a violation of s. 316.1895 in excess of 10 miles
   97  per hour over the restrictive speed limit which occurs within 30
   98  minutes before or after a regularly scheduled breakfast program
   99  or a regularly scheduled school session.
  100         (b)For a violation of s. 316.183 in excess of 10 miles per
  101  hour over the posted speed limit during the entirety of a
  102  regularly scheduled school session.
  103         (c)For a violation of s. 316.1895 in excess of 10 miles
  104  per hour over the restrictive speed limit 30 minutes before or
  105  after the end of a regularly scheduled school session.
  106  
  107  Such violation must be evidenced by a speed detection system.
  108  This subsection does not prohibit a review of information from a
  109  speed detection system by an authorized employee or agent of a
  110  county or municipality before issuance of the traffic citation
  111  by the traffic infraction enforcement officer. This subsection
  112  does not prohibit a county or municipality from issuing
  113  notifications as provided in subsection (3) to the registered
  114  owner of the motor vehicle in violation of s. 316.183 or s.
  115  316.1895.
  116         (2)Any notification or traffic citation issued through the
  117  use of a speed detection system must include a photograph or
  118  other recorded image showing the license tag of the vehicle; the
  119  date, time, and location of the vehicle; the maximum speed at
  120  which the vehicle was traveling; and the posted speed at the
  121  time of the violation.
  122         (3)Within 30 days after a violation, notification must be
  123  sent to the registered owner of the motor vehicle involved in
  124  the violation, specifying the remedies available under s. 318.14
  125  and that the violator must pay the penalty under s. 318.18(3)(d)
  126  to the county or municipality, or furnish an affidavit in
  127  accordance with subsection (9), within 30 days after the date of
  128  the notification of violation in order to avoid court fees,
  129  costs, and the issuance of a traffic citation. The notification
  130  of violation must:
  131         (a)Be sent by first-class mail.
  132         (b)Include a notice that the owner has the right to
  133  review, in person or remotely, the photographic or electronic
  134  images or streaming video and the evidence of the speed of the
  135  vehicle as measured by a speed detection system which constitute
  136  a rebuttable presumption against the owner of the vehicle.
  137         (c)State the time when, and place or website where, the
  138  images or video and evidence of speed may be examined and
  139  observed.
  140         (4)Notwithstanding any other law, a person who receives a
  141  notification of violation under this section may request a
  142  hearing within 30 days after the notification of violation or
  143  pay the penalty pursuant to the notification of violation, but a
  144  payment or fee may not be required before the hearing requested
  145  by the person. The notification of violation must be accompanied
  146  by, or direct the person to a website that provides, information
  147  on the person’s right to request a hearing, information on all
  148  court-related costs, and a form for requesting a hearing. As
  149  used in this subsection, the term “person” includes a natural
  150  person, the registered owner or co-owner of a motor vehicle, or
  151  the person identified in an affidavit as having actual care,
  152  custody, or control of a motor vehicle at the time of the
  153  violation.
  154         (5)If the registered owner or co-owner of the motor
  155  vehicle; the person designated as having care, custody, or
  156  control of the motor vehicle at the time of the violation; or an
  157  authorized representative of the owner, co-owner, or designated
  158  person initiates a proceeding to challenge the violation, he or
  159  she waives any challenge or dispute as to the delivery of the
  160  notification of violation.
  161         (6)Penalties assessed and collected by the county or
  162  municipality authorized to collect the funds provided for in
  163  this section, less the amount retained by the county or
  164  municipality pursuant to paragraphs (b) and (e) and the amount
  165  remitted to the public school district pursuant to paragraph
  166  (d), must be paid to the Department of Revenue weekly. Payment
  167  by the county or municipality to the state must be made by means
  168  of electronic funds transfer. In addition to the payment, a
  169  detailed summary of the penalties remitted must be reported to
  170  the Department of Revenue. Penalties assessed and collected by
  171  the county or municipality as established in s. 318.18(3)(d)
  172  shall be remitted or retained as follows:
  173         (a)Twenty dollars shall be remitted to the Department of
  174  Revenue for deposit into the General Revenue Fund.
  175         (b)Sixty dollars shall be retained by the county or
  176  municipality and must be used to administer speed detection
  177  systems in school zones and other public safety initiatives.
  178         (c)Three dollars shall be remitted to the Department of
  179  Revenue for deposit into the Department of Law Enforcement
  180  Criminal Justice Standards and Training Trust Fund.
  181         (d)Twelve dollars shall be remitted by the county or
  182  municipality to the public school district in which the
  183  violation occurred and must be used for school security
  184  initiatives, for student transportation, or to improve the
  185  safety of student walking conditions. Funds remitted under this
  186  paragraph shall be shared with charter schools in the district
  187  based on each charter school’s proportionate share of the
  188  district’s total unweighted full-time equivalent student
  189  enrollment and must be used for school security initiatives or
  190  to improve the safety of student walking conditions.
  191         (e)Five dollars shall be retained by the county or
  192  municipality and must be used for crossing guard recruitment and
  193  retention pursuant to s. 316.1894.
  194         (7)A traffic citation must be issued by mailing the
  195  traffic citation by certified mail to the address of the
  196  registered owner of the motor vehicle involved in the violation
  197  if payment has not been made within 30 days after notification
  198  under subsection (3), if the registered owner has not requested
  199  a hearing as authorized under subsection (4), or if the
  200  registered owner has not submitted an affidavit in accordance
  201  with subsection (9).
  202         (a)Delivery of the traffic citation constitutes
  203  notification under this subsection. If the registered owner or
  204  co-owner of the motor vehicle; the person designated as having
  205  care, custody, or control of the motor vehicle at the time of
  206  the violation; or a duly authorized representative of the owner,
  207  co-owner, or designated person initiates a proceeding to
  208  challenge the citation pursuant to this section, he or she
  209  waives any challenge or dispute as to the delivery of the
  210  traffic citation.
  211         (b)In the case of joint ownership of a motor vehicle, the
  212  traffic citation must be mailed to the first name appearing on
  213  the motor vehicle registration, unless the first name appearing
  214  on the registration is a business organization, in which case
  215  the second name appearing on the registration may be used.
  216         (c)Included with the notification to the registered owner
  217  of the motor vehicle involved in the infraction must be a notice
  218  that the owner has a right to review, in person or remotely, the
  219  photographic or electronic images or streaming video and the
  220  evidence of the speed of the vehicle as measured by a speed
  221  detection system which constitute a rebuttable presumption
  222  against the owner of the vehicle. The notice must state the time
  223  when, and place or website where, the images or video and
  224  evidence of speed may be examined and observed.
  225         (8)The registered owner of the motor vehicle involved in
  226  the violation is responsible and liable for paying the uniform
  227  traffic citation issued for a violation of s. 316.183 or s.
  228  316.1895 unless the owner can establish that:
  229         (a)The motor vehicle was, at the time of the violation, in
  230  the care, custody, or control of another person;
  231         (b)A uniform traffic citation was issued by law
  232  enforcement to the driver of the motor vehicle for the alleged
  233  violation of s. 316.183 or s. 316.1895; or
  234         (c)The motor vehicle’s registered owner was deceased on or
  235  before the date that the uniform traffic citation was issued, as
  236  established by an affidavit submitted by the representative of
  237  the motor vehicle owner’s estate or other designated person or
  238  family member.
  239         (9)To establish such facts under subsection (8), the
  240  registered owner of the motor vehicle must, within 30 days after
  241  the date of issuance of the traffic citation, furnish to the
  242  appropriate governmental entity an affidavit setting forth
  243  detailed information supporting an exception under subsection
  244  (8).
  245         (a)An affidavit supporting an exemption under paragraph
  246  (8)(a) must include the name, address, date of birth, and, if
  247  known, the driver license number of the person who leased,
  248  rented, or otherwise had care, custody, or control of the motor
  249  vehicle at the time of the alleged violation. If the motor
  250  vehicle was stolen at the time of the alleged violation, the
  251  affidavit must include the police report indicating that the
  252  motor vehicle was stolen.
  253         (b)If a uniform traffic citation for a violation of s.
  254  316.183 or s. 316.1895 was issued at the location of the
  255  violation by a law enforcement officer, the affidavit must
  256  include the serial number of the uniform traffic citation.
  257         (c)If the motor vehicle’s owner to whom a uniform traffic
  258  citation has been issued is deceased, the affidavit must include
  259  a certified copy of the owner’s death certificate showing that
  260  the date of death occurred on or before the issuance of the
  261  uniform traffic citation and one of the following:
  262         1.A bill of sale or other document showing that the
  263  deceased owner’s motor vehicle was sold or transferred after his
  264  or her death but on or before the date of the alleged violation.
  265         2.Documented proof that the registered license plate
  266  belonging to the deceased owner’s vehicle was returned to the
  267  department or any branch office or authorized agent of the
  268  department after his or her death but on or before the date of
  269  the alleged violation.
  270         3.A copy of the police report showing that the deceased
  271  owner’s registered license plate or motor vehicle was stolen
  272  after his or her death, but on or before the date of the alleged
  273  violation.
  274  
  275  Upon receipt of the affidavit and documentation required under
  276  this paragraph, the governmental entity must dismiss the
  277  citation and provide proof of such dismissal to the person who
  278  submitted the affidavit.
  279         (10)Upon receipt of an affidavit, the person designated as
  280  having care, custody, or control of the motor vehicle at the
  281  time of the violation may be issued a notification of violation
  282  pursuant to subsection (3) for a violation of s. 316.183 or s.
  283  316.1895. The affidavit is admissible in a proceeding pursuant
  284  to this section for the purpose of providing proof that the
  285  person identified in the affidavit was in actual care, custody,
  286  or control of the motor vehicle. The owner of a leased vehicle
  287  for which a traffic citation is issued for a violation of s.
  288  316.183 or s. 316.1895 is not responsible for paying the traffic
  289  citation and is not required to submit an affidavit as specified
  290  in this section if the motor vehicle involved in the violation
  291  is registered in the name of the lessee of such motor vehicle.
  292         (11)If a county or municipality receives an affidavit
  293  under subsection (9), the notification of violation required
  294  under subsection (3) must be sent to the person identified in
  295  the affidavit within 30 days after receipt of the affidavit.
  296         (12)The submission of a false affidavit is a misdemeanor
  297  of the second degree, punishable as provided in s. 775.082 or s.
  298  775.083.
  299         (13)The photographic or electronic images or the streaming
  300  video evidence and the evidence of the speed of the vehicle as
  301  measured by a speed detection system which are attached to or
  302  referenced in the traffic citation are evidence of a violation
  303  of s. 316.183 or s. 316.1895 and are admissible in any
  304  proceeding to enforce this section. The images or video and
  305  evidence of speed raise a rebuttable presumption that the motor
  306  vehicle named in the report or shown in the images or video was
  307  used in violation of s. 316.183 or s. 316.1895.
  308         (14)This section supplements the enforcement of ss.
  309  316.183 and 316.1895 by law enforcement officers and does not
  310  prohibit a law enforcement officer from issuing a traffic
  311  citation for a violation of s. 316.183 or s. 316.1895.
  312         (15)A hearing under this section must be conducted under
  313  the procedures established by s. 316.0083(5) and as follows:
  314         (a)The department shall publish and make available
  315  electronically to each county and municipality a model request
  316  for hearing form to assist each local government administering
  317  this section.
  318         (b)The county or municipality electing to authorize
  319  traffic infraction enforcement officers to issue traffic
  320  citations under subsection (1) shall designate by resolution
  321  existing staff to serve as the clerk to the local hearing
  322  officer.
  323         (c)Any person, referred to as the “petitioner” in this
  324  subsection, who elects to request a hearing under subsection (4)
  325  shall be scheduled for a hearing by the clerk to the local
  326  hearing officer. The clerk must furnish the petitioner with
  327  notice to be sent by first-class mail. Upon receipt of the
  328  notice, the petitioner may reschedule the hearing once by
  329  submitting a written request to reschedule to the clerk to the
  330  local hearing officer at least 5 calendar days before the day of
  331  the originally scheduled hearing. The petitioner may cancel his
  332  or her appearance before the local hearing officer by paying the
  333  penalty assessed under subsection (3), plus the administrative
  334  costs established in s. 316.0083(5)(c), before the start of the
  335  hearing.
  336         (d)All testimony at the hearing must be under oath and
  337  must be recorded. The local hearing officer shall take testimony
  338  from a traffic infraction enforcement officer and the petitioner
  339  and may take testimony from others. The local hearing officer
  340  shall review the photographic or electronic images or streaming
  341  video and the evidence of the speed of the vehicle as measured
  342  by a speed detection system made available under paragraph
  343  (3)(b). Formal rules of evidence do not apply, but due process
  344  must be observed and must govern the proceedings.
  345         (e)At the conclusion of the hearing, the local hearing
  346  officer shall determine whether a violation under this section
  347  occurred and shall uphold or dismiss the violation. The local
  348  hearing officer shall issue a final administrative order
  349  including the determination and, if the notification of
  350  violation is upheld, must require the petitioner to pay the
  351  penalty previously assessed under subsection (3), and may also
  352  require the petitioner to pay county or municipal costs not to
  353  exceed the amount established in s. 316.0083(5)(e). The final
  354  administrative order must be mailed to the petitioner by first
  355  class mail.
  356         (f)An aggrieved party may appeal a final administrative
  357  order consistent with the process provided in s. 162.11.
  358         Section 6. Paragraph (d) of subsection (1) of section
  359  316.1906, Florida Statutes, is amended, and subsection (3) is
  360  added to that section, to read:
  361         316.1906 Radar speed-measuring devices; evidence,
  362  admissibility.—
  363         (1) DEFINITIONS.—
  364         (d) “Officer” means any:
  365         1. “Law enforcement officer” who is elected, appointed, or
  366  employed full time by any municipality or the state or any
  367  political subdivision thereof; who is vested with the authority
  368  to bear arms and make arrests; and whose primary responsibility
  369  is the prevention and detection of crime or the enforcement of
  370  the penal, criminal, traffic, or highway laws of the state;
  371         2. “Part-time law enforcement officer” who is employed or
  372  appointed less than full time, as defined by an employing
  373  agency, with or without compensation; who is vested with
  374  authority to bear arms and make arrests; and whose primary
  375  responsibility is the prevention and detection of crime or the
  376  enforcement of the penal, criminal, traffic, or highway laws of
  377  the state; or
  378         3. “Auxiliary law enforcement officer” who is employed or
  379  appointed, with or without compensation; who aids or assists a
  380  full-time or part-time law enforcement officer; and who, while
  381  under the direct supervision of a full-time or part-time law
  382  enforcement officer, has the authority to arrest and perform law
  383  enforcement functions; or
  384         4.“Traffic infraction enforcement officer” who is employed
  385  or appointed, with or without compensation, and who satisfies
  386  the requirements of s. 316.640(5) and is vested with authority
  387  to enforce a violation of s. 316.183 or s. 316.1895 pursuant to
  388  s. 316.1896.
  389         (3)A speed detection system is exempt from the design
  390  requirements for radar units established by the department. A
  391  speed detection system must have the ability to perform self
  392  tests as to its detection accuracy. The system must perform a
  393  self-test at least once every 30 days. The law enforcement
  394  agency, or an agent acting on behalf of the law enforcement
  395  agency, operating a speed detection system shall maintain a log
  396  of the results of the system’s self-tests. The law enforcement
  397  agency, or an agent acting on behalf of the law enforcement
  398  agency, operating a speed detection system shall also perform an
  399  independent calibration test on the speed detection system at
  400  least once every 12 months. The self-test logs, as well as the
  401  results of the annual calibration test, are admissible in any
  402  court proceeding for a traffic citation issued for a violation
  403  of s. 316.183 or s. 316.1895 enforced pursuant to s. 316.1896.
  404  Notwithstanding subsection (2), evidence of a vehicle’s speed
  405  measured by a speed detection system compliant with this
  406  subsection and the determination by a traffic infraction
  407  enforcement officer that a vehicle is operating in excess of the
  408  applicable speed limit is admissible in any proceeding with
  409  respect to an alleged violation of law regulating the speed of
  410  vehicles.
  411         Section 7. Present paragraphs (d) through (h) of subsection
  412  (3) of section 318.18, Florida Statutes, are redesignated as
  413  paragraphs (e) through (i), respectively, and a new paragraph
  414  (d) is added to that subsection, to read:
  415         318.18 Amount of penalties.—The penalties required for a
  416  noncriminal disposition pursuant to s. 318.14 or a criminal
  417  offense listed in s. 318.17 are as follows:
  418         (3)
  419         (d)Notwithstanding paragraphs (b) and (c), a person cited
  420  for exceeding the speed limit in force at the time of the
  421  violation on a road maintained as a school zone as provided in
  422  
  423  ================= T I T L E  A M E N D M E N T ================
  424  And the title is amended as follows:
  425         Delete line 24
  426  and insert:
  427         requiring local governments to use funds