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