Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 588
       
       
       
       
       
       
                                Ì9014768Î901476                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2023           .                                
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       The Appropriations Committee on Transportation, Tourism, and
       Economic Development (Rodriguez) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 96 - 681
    4  and insert:
    5  (82) is added to that section, and subsections (38) and (64) of
    6  that section are amended, to read:
    7         316.003 Definitions.—The following words and phrases, when
    8  used in this chapter, shall have the meanings respectively
    9  ascribed to them in this section, except where the context
   10  otherwise requires:
   11         (38) LOCAL HEARING OFFICER.—The person, designated by a
   12  department, county, or municipality that elects to authorize
   13  traffic infraction enforcement officers to issue traffic
   14  citations under ss. 316.0083(1)(a) and 316.1896(1) s.
   15  316.0083(1)(a), who is authorized to conduct hearings related to
   16  a notice of violation issued pursuant to s. 316.0083 or s.
   17  316.1896. The charter county, noncharter county, or municipality
   18  may use its currently appointed code enforcement board or
   19  special magistrate to serve as the local hearing officer. The
   20  department may enter into an interlocal agreement to use the
   21  local hearing officer of a county or municipality.
   22         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
   23  in paragraph (88)(b) (87)(b), any privately owned way or place
   24  used for vehicular travel by the owner and those having express
   25  or implied permission from the owner, but not by other persons.
   26         (82)SPEED DETECTION SYSTEM.—A portable or fixed automated
   27  system used to detect a motor vehicle’s speed using radar and to
   28  capture a photograph or video of the rear of a motor vehicle
   29  that exceeds the speed limit in force at the time of the
   30  violation.
   31         Section 2. Subsection (9) is added to section 316.008,
   32  Florida Statutes, to read:
   33         316.008 Powers of local authorities.—
   34         (9)(a)A county or municipality may enforce the speed limit
   35  on a roadway properly maintained as a school zone pursuant to s.
   36  316.1895 within 30 minutes before the start of a regularly
   37  scheduled breakfast program; within 30 minutes before the start
   38  of a regularly scheduled school session; during the entirety of
   39  a regularly scheduled school session at the posted speed limit;
   40  and within 30 minutes after the end of a regularly scheduled
   41  school session through the use of a speed detection system for
   42  the detection of speed and capturing of photographs or videos
   43  for violations in excess of 10 miles per hour over the school
   44  zone speed limit. A school zone’s compliance with s. 316.1895
   45  creates a rebuttable presumption that the school zone is
   46  properly maintained.
   47         (b)A county or municipality may place or install, or
   48  contract with a vendor to place or install, a speed detection
   49  system within a roadway maintained as a school zone as provided
   50  in s. 316.1895 to enforce unlawful speed violations, as
   51  specified in s. 316.1895(10), on that roadway.
   52         Section 3. Section 316.0776, Florida Statutes, is amended
   53  to read:
   54         316.0776 Traffic infraction detectors; speed detection
   55  systems; placement and installation.—
   56         (1) Traffic infraction detectors are allowed on state roads
   57  when permitted by the Department of Transportation and under
   58  placement and installation specifications developed by the
   59  Department of Transportation. Traffic infraction detectors are
   60  allowed on streets and highways under the jurisdiction of
   61  counties or municipalities in accordance with placement and
   62  installation specifications developed by the Department of
   63  Transportation.
   64         (2)(a) If the department, county, or municipality installs
   65  a traffic infraction detector at an intersection, the
   66  department, county, or municipality must shall notify the public
   67  that a traffic infraction device may be in use at that
   68  intersection and must specifically include notification of
   69  camera enforcement of violations concerning right turns. Such
   70  signage used to notify the public must meet the specifications
   71  for uniform signals and devices adopted by the Department of
   72  Transportation pursuant to s. 316.0745.
   73         (b) If the department, county, or municipality begins a
   74  traffic infraction detector program in a county or municipality
   75  that has never conducted such a program, the respective
   76  department, county, or municipality must shall also make a
   77  public announcement and conduct a public awareness campaign of
   78  the proposed use of traffic infraction detectors at least 30
   79  days before commencing the enforcement program.
   80         (3)A speed detection system authorized by s. 316.008(9)
   81  may be placed or installed in a school zone on a state road when
   82  permitted by the Department of Transportation and in accordance
   83  with placement and installation specifications developed by the
   84  Department of Transportation. The speed detection system may be
   85  placed or installed in a school zone on a street or highway
   86  under the jurisdiction of a county or a municipality in
   87  accordance with placement and installation specifications
   88  established by the Department of Transportation. The Department
   89  of Transportation shall establish such placement and
   90  installation specifications by August 1, 2023.
   91         (a)If a county or municipality places or installs a speed
   92  detection system as authorized by s. 316.008(9), the county or
   93  municipality must notify the public that a speed detection
   94  system may be in use by posting signage indicating photographic
   95  or video enforcement of the school zone speed limit. Such
   96  signage must clearly designate the time period that the school
   97  zone speed limit is enforced using a speed detection system, and
   98  the signage must meet the placement and installation
   99  specifications established by the Department of Transportation.
  100  For a speed detection system enforcing violations of s. 316.1895
  101  on a roadway maintained as a school zone, this paragraph governs
  102  the signage notifying the public of the use of a speed detection
  103  system.
  104         (b)If a county or municipality begins a school zone speed
  105  detection system program in a county or municipality that has
  106  never conducted such a program, the respective county or
  107  municipality must make a public announcement and conduct a
  108  public awareness campaign of the proposed use of speed detection
  109  systems at least 30 days before commencing enforcement under the
  110  speed detection system program and must notify the public of the
  111  specific date on which the program will commence. During the 30
  112  day public awareness campaign, only a warning may be issued to
  113  the registered owner of a motor vehicle for a violation of s.
  114  316.1895, enforced by a speed detection system, and liability
  115  may not be imposed for the civil penalty under s. 318.18(3)(d).
  116         Section 4. Section 316.1894, Florida Statutes, is created
  117  to read:
  118         316.1894 School Crossing Guard Recruitment and Retention
  119  Program.—The law enforcement agency having jurisdiction over a
  120  county or municipality conducting a speed detection system
  121  program authorized by s. 316.008(9) shall use funds generated
  122  pursuant to s. 316.1896(5)(e) from the speed detection system
  123  program to administer the School Crossing Guard Recruitment and
  124  Retention Program. Such program may provide recruitment and
  125  retention stipends to crossing guards at K-12 public schools,
  126  including charter schools, or stipends to third parties for the
  127  recruitment of new crossing guards. The School Crossing Guard
  128  Recruitment and Retention Program must be designed and managed
  129  at the discretion of the law enforcement agency.
  130         Section 5. Section 316.1896, Florida Statutes, is created
  131  to read:
  132         316.1896Roadways maintained as school zones; speed
  133  detection system enforcement; penalties; appeal procedure;
  134  privacy; reports.—
  135         (1)For purposes of administering this section, a county or
  136  municipality may authorize a traffic infraction enforcement
  137  officer under s. 316.640 to issue a traffic citation for a
  138  violation of the school zone speed limit as authorized by s.
  139  316.008(9), as follows:
  140         (a)For a violation of s. 316.1895 in excess of 10 miles
  141  per hour over the school zone speed limit which occurs within 30
  142  minutes before the start of a regularly scheduled breakfast
  143  program.
  144         (b)For a violation of s. 316.1895 in excess of 10 miles
  145  per hour over the school zone speed limit which occurs within 30
  146  minutes before the start of a regularly scheduled school
  147  session.
  148         (c)For a violation of s. 316.1895 in excess of 10 miles
  149  per hour over the posted speed limit during the entirety of a
  150  regularly scheduled school session.
  151         (d)For a violation of s. 316.1895 in excess of 10 miles
  152  per hour over the school zone speed limit which occurs within 30
  153  minutes after the end of a regularly scheduled school session.
  154  
  155  Such violation must be evidenced by a speed detection system
  156  described in ss. 316.008(9) and 316.0776(3). This subsection
  157  does not prohibit a review of information from a speed detection
  158  system by an authorized employee or agent of a county or
  159  municipality before issuance of the traffic citation by the
  160  traffic infraction enforcement officer. This subsection does not
  161  prohibit a county or municipality from issuing notifications as
  162  provided in subsection (2) to the registered owner of the motor
  163  vehicle used in violation of s. 316.1895.
  164         (2)Within 30 days after a violation, notification must be
  165  sent to the registered owner of the motor vehicle involved in
  166  the violation, specifying the remedies available under s. 318.14
  167  and that the violator must pay the penalty under s. 318.18(3)(d)
  168  to the county or municipality, or furnish an affidavit in
  169  accordance with subsection (8), within 30 days after the date of
  170  the notification of violation in order to avoid court fees,
  171  costs, and the issuance of a traffic citation. The notification
  172  of violation must:
  173         (a)Be sent by first-class mail.
  174         (b)Include a photograph or other recorded image showing
  175  the license plate of the motor vehicle; the date, time, and
  176  location of the violation; the maximum speed at which the motor
  177  vehicle was traveling within the school zone; and the speed
  178  limit within the school zone at the time of the violation.
  179         (c)Include a notice that the owner has the right to
  180  review, in person or remotely, the photograph or video captured
  181  by the speed detection system and the evidence of the speed of
  182  the motor vehicle detected by the speed detection system which
  183  constitute a rebuttable presumption that the motor vehicle was
  184  used in violation of s. 316.1895.
  185         (d)State the time when, and place or website where, the
  186  photograph or video and evidence of speed may be examined and
  187  observed.
  188         (3)Notwithstanding any other law, a person who receives a
  189  notification of violation under this section may request a
  190  hearing within 30 days after the notification of violation or
  191  pay the penalty pursuant to the notification of violation, but a
  192  payment or fee may not be required before the hearing requested
  193  by the person. The notification of violation must be accompanied
  194  by, or direct the person to a website that provides, information
  195  on the person’s right to request a hearing and all court costs
  196  related thereto and a form for requesting a hearing. As used in
  197  this subsection, the term “person” includes a natural person,
  198  the registered owner or co-owner of a motor vehicle, or the
  199  person identified in an affidavit as having actual care,
  200  custody, or control of the motor vehicle at the time of the
  201  violation.
  202         (4)If the registered owner or co-owner of the motor
  203  vehicle; the person identified as having care, custody, or
  204  control of the motor vehicle at the time of the violation; or an
  205  authorized representative of the owner, co-owner, or identified
  206  person initiates a proceeding to challenge the violation, such
  207  person waives any challenge or dispute as to the delivery of the
  208  notification of violation.
  209         (5)Penalties assessed and collected by the county or
  210  municipality authorized to collect them as provided for in this
  211  section, less the amount retained by the county or municipality
  212  pursuant to paragraphs (b) and (e) and the amount remitted to
  213  the school district pursuant to paragraph (d), must be paid to
  214  the Department of Revenue weekly. Such payment must be made by
  215  means of electronic funds transfer. In addition to the payment,
  216  a detailed summary of the penalties remitted must be reported to
  217  the Department of Revenue. Penalties to be assessed and
  218  collected by the county or municipality as established in s.
  219  318.18(3)(d) must be remitted as follows:
  220         (a)Twenty dollars must be remitted to the Department of
  221  Revenue for deposit into the General Revenue Fund.
  222         (b)Sixty dollars must be retained by the county or
  223  municipality and must be used to administer speed detection
  224  systems in school zones and other public safety initiatives.
  225         (c)Three dollars must be remitted to the Department of
  226  Revenue for deposit into the Department of Law Enforcement
  227  Criminal Justice Standards and Training Trust Fund.
  228         (d)Twelve dollars must be remitted to the county school
  229  district in which the violation occurred and must be used for
  230  school security initiatives or student transportation or to
  231  improve the safety of student walking conditions. Funds remitted
  232  under this paragraph must be shared with charter schools in the
  233  district based on each charter school’s proportionate share of
  234  the district’s total unweighted full-time equivalent student
  235  enrollment and must be used for school security initiatives or
  236  to improve the safety of student walking conditions.
  237         (e)Five dollars must be retained by the county or
  238  municipality for the School Crossing Guard Recruitment and
  239  Retention Program pursuant to s. 316.1894.
  240         (6)A traffic citation must be issued by mailing the
  241  traffic citation by certified mail to the address of the
  242  registered owner of the motor vehicle involved in the violation
  243  if payment has not been made within 30 days after notification
  244  under subsection (2), if the registered owner has not requested
  245  a hearing as authorized under subsection (3), or if the
  246  registered owner has not submitted an affidavit in accordance
  247  with subsection (8).
  248         (a)Delivery of the traffic citation constitutes
  249  notification of a violation under this subsection. If the
  250  registered owner or co-owner of the motor vehicle; the person
  251  identified as having care, custody, or control of the motor
  252  vehicle at the time of the violation; or a duly authorized
  253  representative of the owner, co-owner, or identified person
  254  initiates a proceeding to challenge the citation pursuant to
  255  this section, such person waives any challenge or dispute as to
  256  the delivery of the traffic citation.
  257         (b)In the case of joint ownership of a motor vehicle, the
  258  traffic citation must be mailed to the first name appearing on
  259  the motor vehicle registration, unless the first name appearing
  260  on the registration is a business organization, in which case
  261  the second name appearing on the registration may be used.
  262         (c)The traffic citation mailed to the registered owner of
  263  the motor vehicle involved in the infraction must be accompanied
  264  by the information described in paragraphs (2)(b), (c), and (d).
  265         (7)The registered owner of the motor vehicle involved in
  266  the violation is responsible and liable for paying the uniform
  267  traffic citation issued for a violation of s. 316.1895 unless
  268  the owner can establish that:
  269         (a)The motor vehicle was, at the time of the violation, in
  270  the care, custody, or control of another person;
  271         (b)A uniform traffic citation was issued by law
  272  enforcement to the driver of the motor vehicle for the alleged
  273  violation of s. 316.1895; or
  274         (c)The motor vehicle’s registered owner was deceased on or
  275  before the date that the uniform traffic citation was issued, as
  276  established by an affidavit submitted by the representative of
  277  the motor vehicle registered owner’s estate or other identified
  278  person or family member.
  279         (8)To establish such facts under subsection (7), the
  280  registered owner of the motor vehicle must, within 30 days after
  281  the date of issuance of the notice of violation or the traffic
  282  citation, furnish to the appropriate governmental entity an
  283  affidavit setting forth information supporting an exemption
  284  under subsection (7).
  285         (a)An affidavit supporting the exemption under paragraph
  286  (7)(a) must include the name, address, date of birth, and, if
  287  known, the driver license number of the person who leased,
  288  rented, or otherwise had care, custody, or control of the motor
  289  vehicle at the time of the alleged violation. If the motor
  290  vehicle was stolen at the time of the alleged violation, the
  291  affidavit must include the police report indicating that the
  292  motor vehicle was stolen.
  293         (b)If a uniform traffic citation for a violation of s.
  294  316.1895 was issued at the location of the violation by a law
  295  enforcement officer, the affidavit must include the serial
  296  number of the uniform traffic citation.
  297         (c)If the motor vehicle’s owner to whom a traffic citation
  298  has been issued is deceased, the affidavit must include a
  299  certified copy of the owner’s death certificate showing that the
  300  date of death occurred on or before the issuance of the uniform
  301  traffic citation and one of the following:
  302         1.A bill of sale or other document showing that the
  303  deceased owner’s motor vehicle was sold or transferred after his
  304  or her death but on or before the date of the alleged violation.
  305         2.Documented proof that the registered license plate
  306  belonging to the deceased owner’s motor vehicle was returned to
  307  the department or any branch office or authorized agent of the
  308  department after his or her death but on or before the date of
  309  the alleged violation.
  310         3.A copy of the police report showing that the deceased
  311  owner’s registered license plate or motor vehicle was stolen
  312  after his or her death, but on or before the date of the alleged
  313  violation.
  314  
  315  Upon receipt of the affidavit and documentation required under
  316  paragraphs (b) and (c), or 30 days after the date of issuance of
  317  a notice of violation sent to a person identified as having
  318  care, custody, or control of the motor vehicle at the time of
  319  the violation under paragraph (a), the county or municipality
  320  shall dismiss the notice or citation and provide proof of such
  321  dismissal to the person who submitted the affidavit. If, within
  322  30 days after the date of a notice of violation sent to a person
  323  under subsection (9), the county or municipality receives an
  324  affidavit under subsection (10) from the person sent a notice of
  325  violation affirming that the person did not have care, custody,
  326  or control of the motor vehicle at the time of the violation,
  327  the county or municipality must notify the registered owner that
  328  the notice or citation will not be dismissed due to failure to
  329  establish that another person had care, custody, or control of
  330  the motor vehicle at the time of the violation.
  331         (9)Upon receipt of an affidavit under paragraph (8)(a),
  332  the county or municipality may issue the person identified as
  333  having care, custody, or control of the motor vehicle at the
  334  time of the violation a notification of violation pursuant to
  335  subsection (2) for a violation of s. 316.1895. The affidavit is
  336  admissible in a proceeding pursuant to this section for the
  337  purpose of providing evidence that the person identified in the
  338  affidavit was in actual care, custody, or control of the motor
  339  vehicle. The owner of a leased motor vehicle for which a traffic
  340  citation is issued for a violation of s. 316.1895 is not
  341  responsible for paying the traffic citation and is not required
  342  to submit an affidavit as specified in subsection (8) if the
  343  motor vehicle involved in the violation is registered in the
  344  name of the lessee of such motor vehicle.
  345         (10)If a county or municipality receives an affidavit
  346  under paragraph (8)(a), the notification of violation required
  347  under subsection (2) must be sent to the person identified in
  348  the affidavit within 30 days after receipt of the affidavit. The
  349  person identified in an affidavit and sent a notice of violation
  350  may also affirm that he or she did not have care, custody, or
  351  control of the motor vehicle at the time of the violation by
  352  furnishing to the appropriate governmental entity within 30 days
  353  after the date of the notice of violation an affidavit stating
  354  such.
  355         (11)The submission of a false affidavit is a misdemeanor
  356  of the second degree, punishable as provided in s. 775.082 or s.
  357  775.083.
  358         (12)The photograph or video captured by a speed detection
  359  system and the evidence of the speed of the motor vehicle
  360  detected by a speed detection system which are attached to or
  361  referenced in the traffic citation are evidence of a violation
  362  of s. 316.1895 and are admissible in any proceeding to enforce
  363  this section. The photograph or video and the evidence of speed
  364  detected raise a rebuttable presumption that the motor vehicle
  365  named in the report or shown in the photograph or video was used
  366  in violation of s. 316.1895.
  367         (13)This section supplements the enforcement of s.
  368  316.1895 by a law enforcement officer and does not prohibit a
  369  law enforcement officer from issuing a traffic citation for a
  370  violation of s. 316.1895.
  371         (14)A hearing under this section must be conducted under
  372  the procedures established by s. 316.0083(5) and as follows:
  373         (a)The department shall publish and make available
  374  electronically to each county and municipality a model request
  375  for hearing form to assist each local government administering
  376  this section.
  377         (b)The county or municipality electing to authorize
  378  traffic infraction enforcement officers to issue traffic
  379  citations under subsection (6) shall designate by resolution
  380  existing staff to serve as the clerk to the local hearing
  381  officer.
  382         (c)Any person, referred to as the “petitioner” in this
  383  subsection, who elects to request a hearing under subsection (3)
  384  must be scheduled for a hearing by the clerk of the court with
  385  the local hearing officer. The clerk shall furnish the
  386  petitioner with notice sent by first-class mail. Upon receipt of
  387  the notice, the petitioner may reschedule the hearing up to two
  388  times by submitting a written request to reschedule to the clerk
  389  of the court at least 5 calendar days before the day of the
  390  scheduled hearing. The petitioner may cancel his or her
  391  appearance before the local hearing officer by paying the
  392  penalty assessed under subsection (2), plus the administrative
  393  costs established in s. 316.0083(5)(c), before the start of the
  394  hearing.
  395         (d)All testimony at the hearing must be under oath and
  396  must be recorded. The local hearing officer shall take testimony
  397  from a traffic infraction enforcement officer, and the
  398  petitioner and may take testimony from others. The local hearing
  399  officer shall review the photograph or video captured by the
  400  speed detection system and the evidence of the speed of the
  401  motor vehicle detected by the speed detection system made
  402  available under paragraph (2)(b). Formal rules of evidence do
  403  not apply, but due process must be observed and must govern the
  404  proceedings.
  405         (e)At the conclusion of the hearing, the local hearing
  406  officer shall determine whether a violation under this section
  407  occurred and shall uphold or dismiss the violation. The local
  408  hearing officer shall issue a final administrative order
  409  including the determination and, if the notification of
  410  violation is upheld, must require the petitioner to pay the
  411  penalty previously assessed under subsection (2), and may also
  412  require the petitioner to pay county or municipal costs not to
  413  exceed the amount established in s. 316.0083(5)(e). The final
  414  administrative order shall be mailed to the petitioner by first
  415  class mail.
  416         (f)An aggrieved party may appeal a final administrative
  417  order consistent with the process provided in s. 162.11.
  418         (15)(a)1.Notwithstanding any other law, speed detection
  419  systems in school zones as provided in this section may not be
  420  capable of automated or user-controlled remote surveillance.
  421         2.Recorded photograph or video collected as part of a
  422  speed detection system in a school zone may be used only to
  423  document violations of s. 316.1895 and for purposes of
  424  determining criminal or civil liability.
  425         3.Any recorded photograph or video obtained through the
  426  use of a speed detection system must be destroyed within 90 days
  427  after the final disposition of the recorded event. The vendor of
  428  a speed detection system shall provide the county or
  429  municipality with written notice by December 31 of each year
  430  that such records have been destroyed in accordance with this
  431  subsection.
  432         (b)Notwithstanding any other law, registered motor vehicle
  433  owner information obtained as a result of the operation of a
  434  speed detection system in a school zone is not the property of
  435  the manufacturer or vendor of the speed detection system and may
  436  be used only for the purposes of this section.
  437         (16)(a)Each county or municipality that operates a speed
  438  detection system shall submit a report by October 1, 2024, and
  439  annually thereafter, to the department which details the results
  440  of the speed detection systems in school zones and the
  441  procedures for enforcement in the preceding state fiscal year.
  442  The information submitted by counties and municipalities must
  443  include:
  444         1.The locations of the speed detection systems, the date
  445  the systems were activated to enforce violations of s. 316.1895,
  446  and the date the systems were deactivated if applicable.
  447         2.The number of notices of violations issued, how many
  448  were contested, and how many were paid per state fiscal year.
  449         3.Any other statistical data and information required by
  450  the department to complete the report required under paragraph
  451  (b).
  452         (b)On or before December 31, 2024, and annually
  453  thereafter, the department shall provide a summary report to the
  454  Governor, the President of the Senate, and the Speaker of the
  455  House of Representatives regarding the use of speed detection
  456  systems under this section, along with the department’s
  457  recommendations and any recommended legislation. The summary
  458  report must include a review of the information submitted to the
  459  department by the counties and municipalities and must describe
  460  the enhancement of traffic safety and enforcement programs.
  461         Section 6. Section 316.1906, Florida Statutes, is amended
  462  to read:
  463         316.1906 Radar speed-measuring devices; speed detection
  464  systems; evidence, admissibility.—
  465         (1) DEFINITIONS.—
  466         (a) “Audio Doppler” means a backup audible signal that
  467  translates the radar’s Doppler shift into a tone which can be
  468  heard by the radar operator.
  469         (b) “Audio warning tone” refers to an auxiliary radar
  470  device which alerts the operator, by means of an audible tone,
  471  to the presence of a speed registration above a preset level.
  472         (c) “Automatic speed lock” refers to an auxiliary radar
  473  device which immediately holds any speed reading obtained above
  474  a preset level.
  475         (d) “Officer” means any:
  476         1. “Law enforcement officer” who is elected, appointed, or
  477  employed full time by any municipality or the state or any
  478  political subdivision thereof; who is vested with the authority
  479  to bear arms and make arrests; and whose primary responsibility
  480  is the prevention and detection of crime or the enforcement of
  481  the penal, criminal, traffic, or highway laws of the state;
  482         2. “Part-time law enforcement officer” who is employed or
  483  appointed less than full time, as defined by an employing
  484  agency, with or without compensation; who is vested with
  485  authority to bear arms and make arrests; and whose primary
  486  responsibility is the prevention and detection of crime or the
  487  enforcement of the penal, criminal, traffic, or highway laws of
  488  the state; or
  489         3. “Auxiliary law enforcement officer” who is employed or
  490  appointed, with or without compensation; who aids or assists a
  491  full-time or part-time law enforcement officer; and who, while
  492  under the direct supervision of a full-time or part-time law
  493  enforcement officer, has the authority to arrest and perform law
  494  enforcement functions; or
  495         4.“Traffic infraction enforcement officer” who is employed
  496  or appointed, with or without compensation, and who satisfies
  497  the requirements of s. 316.640(5) and is vested with authority
  498  to enforce a violation of s. 316.1895 pursuant to s. 316.1896.
  499         (e) “Radar” means law enforcement speed radar, any laser
  500  based or microwave-based speed-measurement system employed by a
  501  law enforcement agency to detect the speed of motorists.
  502         (2) Evidence of the speed of a vehicle measured by any
  503  radar speed-measuring device shall be inadmissible in any
  504  proceeding with respect to an alleged violation of provisions of
  505  law regulating the lawful speed of vehicles, unless such
  506  evidence of speed is obtained by an officer who:
  507         (a) Has satisfactorily completed the radar training course
  508  established by the Criminal Justice Standards and Training
  509  Commission pursuant to s. 943.17(1)(b).
  510         (b) Has made an independent visual determination that the
  511  vehicle is operating in excess of the applicable speed limit.
  512         (c) Has written a citation based on evidence obtained from
  513  radar when conditions permit the clear assignment of speed to a
  514  single vehicle.
  515         (d) Is using radar which has no automatic speed locks and
  516  no audio alarms, unless disconnected or deactivated.
  517         (e) Is operating radar with audio Doppler engaged.
  518         (f) Is using a radar unit which meets the minimum design
  519  criteria for such units established by the Department of Highway
  520  Safety and Motor Vehicles.
  521         (3)A speed detection system is exempt from the design
  522  requirements for radar units established by the department. A
  523  speed detection system must have the ability to perform self
  524  tests as to its detection accuracy. The system must perform a
  525  self-test at least once every 30 days. The law enforcement
  526  agency, or an agent acting on behalf of the law enforcement
  527  agency, operating a speed detection system shall maintain a log
  528  of the results of the system’s self-tests. The law enforcement
  529  agency, or an agent acting on behalf of the law enforcement
  530  agency, operating a speed detection system shall also perform an
  531  independent calibration test on the speed detection system at
  532  least once every 12 months. The self-test logs, as well as the
  533  results of the annual calibration test, are admissible in any
  534  court proceeding for a traffic citation issued for a violation
  535  of s. 316.1895 enforced pursuant to s. 316.1896. Notwithstanding
  536  subsection (2), evidence of the speed of a motor vehicle
  537  detected by a speed detection system compliant with this
  538  subsection and the determination by a traffic enforcement
  539  officer that a motor vehicle is operating in excess of the
  540  applicable speed limit is admissible in any proceeding with
  541  respect to an alleged violation of law regulating the speed of
  542  vehicles in school zones.
  543         Section 7. Present paragraphs (d) through (h) of subsection
  544  (3) of section 318.18, Florida Statutes, are redesignated as
  545  paragraphs (e) through (i), respectively, and a new paragraph
  546  (d) is added to that subsection, to read:
  547         318.18 Amount of penalties.—The penalties required for a
  548  noncriminal disposition pursuant to s. 318.14 or a criminal
  549  offense listed in s. 318.17 are as follows:
  550         (3)
  551         (d)Notwithstanding paragraphs (b) and (c), a person cited
  552  for exceeding the speed limit in force at the time of the
  553  violation on a roadway maintained as a school zone as provided
  554  in s. 316.1895, when enforced by a traffic infraction
  555  enforcement officer pursuant to s. 316.1896, shall pay a fine of
  556  $100.
  557         Section 8. Paragraph (d) of subsection (3) of section
  558  322.27, Florida Statutes, is amended, and paragraph (e) is added
  559  to that subsection, to read:
  560         322.27 Authority of department to suspend or revoke driver
  561  license or identification card.—
  562         (3) There is established a point system for evaluation of
  563  convictions of violations of motor vehicle laws or ordinances,
  564  and violations of applicable provisions of s. 403.413(6)(b) when
  565  such violations involve the use of motor vehicles, for the
  566  determination of the continuing qualification of any person to
  567  operate a motor vehicle. The department is authorized to suspend
  568  the license of any person upon showing of its records or other
  569  good and sufficient evidence that the licensee has been
  570  convicted of violation of motor vehicle laws or ordinances, or
  571  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  572  more points as determined by the point system. The suspension
  573  shall be for a period of not more than 1 year.
  574         (d) The point system has shall have as its basic element a
  575  graduated scale of points assigning relative values to
  576  convictions of the following violations:
  577         1. Reckless driving, willful and wanton—4 points.
  578         2. Leaving the scene of a crash resulting in property
  579  damage of more than $50—6 points.
  580         3. Unlawful speed, or unlawful use of a wireless
  581  communications device, resulting in a crash—6 points.
  582         4. Passing a stopped school bus:
  583         a. Not causing or resulting in serious bodily injury to or
  584  death of another—4 points.
  585         b. Causing or resulting in serious bodily injury to or
  586  death of another—6 points.
  587         5. Unlawful speed:
  588         a. Not in excess of 15 miles per hour of lawful or posted
  589  speed—3 points.
  590         b. In excess of 15 miles per hour of lawful or posted
  591  speed—4 points.
  592         6. A violation of a traffic control signal device as
  593  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  594  However, no points may not shall be imposed for a violation of
  595  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  596  stop at a traffic signal and when enforced by a traffic
  597  infraction enforcement officer. In addition, a violation of s.
  598  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  599  stop at a traffic signal and when enforced by a traffic
  600  infraction enforcement officer may not be used for purposes of
  601  setting motor vehicle insurance rates.
  602         7. All other moving violations (including parking on a
  603  highway outside the limits of a municipality)—3 points. However,
  604  no points may not shall be imposed for a violation of s.
  605  316.0741 or s. 316.2065(11); and points may shall be imposed for
  606  a violation of s. 316.1001 only when imposed by the court after
  607  a hearing pursuant to s. 318.14(5).
  608         8. Any moving violation covered in this paragraph,
  609  excluding unlawful speed and unlawful use of a wireless
  610  communications device, resulting in a crash—4 points.
  611         9. Any conviction under s. 403.413(6)(b)—3 points.
  612         10. Any conviction under s. 316.0775(2)—4 points.
  613         11. A moving violation covered in this paragraph which is
  614  committed in conjunction with the unlawful use of a wireless
  615  communications device within a school safety zone—2 points, in
  616  addition to the points assigned for the moving violation.
  617         (e)Points may not be imposed for a violation of unlawful
  618  speed as provided in s. 316.183 or s. 316.1895 when enforced by
  619  a traffic infraction enforcement officer pursuant to s.
  620  316.1896. In addition, a violation of s. 316.183 or s. 316.1895
  621  when enforced by a traffic infraction enforcement officer
  622  pursuant to s. 316.1896 may not be used for purposes of setting
  623  motor vehicle insurance rates.
  624         Section 9. Paragraph (a) of subsection (3) of section
  625  316.306, Florida Statutes, is amended to read:
  626         316.306 School and work zones; prohibition on the use of a
  627  wireless communications device in a handheld manner.—
  628         (3)(a)1. A person may not operate a motor vehicle while
  629  using a wireless communications device in a handheld manner in a
  630  designated school crossing, school zone, or work zone area as
  631  defined in s. 316.003(110) s. 316.003(109). This subparagraph is
  632  shall only be applicable to work zone areas if construction
  633  personnel are present or are operating equipment on the road or
  634  immediately adjacent to the work zone area. For the purposes of
  635  this paragraph, a motor vehicle that is stationary is not being
  636  operated and is not subject to the prohibition in this
  637  paragraph.
  638         2. Effective January 1, 2020, a law enforcement officer may
  639  stop motor vehicles and issue citations to persons who are
  640  driving while using a wireless communications device in a
  641  handheld manner in violation of subparagraph 1.
  642         Section 10. Paragraph (a) of subsection (5) of section
  643  316.640, Florida Statutes, is amended to read:
  644         316.640 Enforcement.—The enforcement of the traffic laws of
  645  this state is vested as follows:
  646         (5)(a) Any sheriff’s department or police department of a
  647  municipality may employ, as a traffic infraction enforcement
  648  officer, any individual who successfully completes instruction
  649  in traffic enforcement procedures and court presentation through
  650  the Selective Traffic Enforcement Program as approved by the
  651  Division of Criminal Justice Standards and Training of the
  652  Department of Law Enforcement, or through a similar program, but
  653  who does not necessarily otherwise meet the uniform minimum
  654  standards established by the Criminal Justice Standards and
  655  Training Commission for law enforcement officers or auxiliary
  656  law enforcement officers under s. 943.13. Any such traffic
  657  infraction enforcement officer who observes the commission of a
  658  traffic infraction or, in the case of a parking infraction, who
  659  observes an illegally parked vehicle may issue a traffic
  660  citation for the infraction when, based upon personal
  661  investigation, he or she has reasonable and probable grounds to
  662  believe that an offense has been committed which constitutes a
  663  noncriminal traffic infraction as defined in s. 318.14. In
  664  addition, any such traffic infraction enforcement officer may
  665  issue a traffic citation under s. 316.0083 or s. 316.1896. For
  666  purposes of enforcing s. 316.0083 or s. 316.1895, any sheriff’s
  667  department or police department of a municipality may designate
  668  employees as traffic infraction enforcement officers. The
  669  traffic infraction enforcement officers must be physically
  670  located in the county of the respective sheriff’s or police
  671  department.
  672         Section 11. Paragraphs (a) and (c) of subsection (3) of
  673  section 316.650, Florida Statutes, are amended to read:
  674         316.650 Traffic citations.—
  675         (3)(a) Except for a traffic citation issued pursuant to s.
  676  316.0083, s. 316.1001, or s. 316.1896 or s. 316.0083, each
  677  traffic enforcement officer, upon issuing a traffic citation to
  678  an alleged violator of any provision of the motor vehicle laws
  679  of this state or of any traffic ordinance of any municipality or
  680  town, shall deposit the original traffic citation or, in the
  681  case of a traffic enforcement agency that has an automated
  682  citation issuance system, the chief administrative officer shall
  683  provide by an electronic transmission a replica of the citation
  684  data to a court having jurisdiction over the alleged offense or
  685  with its traffic violations bureau within 5 business days after
  686  issuance
  687  
  688  ================= T I T L E  A M E N D M E N T ================
  689  And the title is amended as follows:
  690         Delete lines 3 - 87
  691  and insert:
  692         limits; amending s. 316.003, F.S.; revising the
  693         definition of the term “local hearing officer”;
  694         defining the term “speed detection system”; amending
  695         s. 316.008, F.S.; authorizing a county or municipality
  696         to enforce the speed limit in a school zone during
  697         specified periods through the use of a speed detection
  698         system; providing a rebuttable presumption;
  699         authorizing a county or a municipality to install, or
  700         contract with a vendor to install, speed detection
  701         systems in school zones; amending s. 316.0776, F.S.;
  702         specifying conditions for the placement or
  703         installation of speed detection systems; requiring the
  704         Department of Transportation to establish certain
  705         specifications by a specified date; requiring counties
  706         and municipalities that install speed detection
  707         systems in school zones to provide certain notice to
  708         the public; specifying signage requirements; requiring
  709         counties and municipalities that have never conducted
  710         a speed detection system program to make a public
  711         announcement and conduct a public awareness campaign
  712         before commencing enforcement under the program;
  713         limiting penalties in effect during the public
  714         awareness campaign; creating s. 316.1894, F.S.;
  715         requiring local governments to use funds generated
  716         from a certain program for school crossing guard
  717         recruitment and retention; providing that the law
  718         enforcement agency in the local government
  719         administering the program has certain discretion
  720         regarding designing and managing the program; creating
  721         s. 316.1896, F.S.; authorizing counties and
  722         municipalities to authorize traffic infraction
  723         enforcement officers to issue traffic citations for
  724         certain violations; requiring certain violations to be
  725         evidenced by a speed detection system; providing
  726         construction; specifying notification requirements and
  727         procedures; authorizing a person who receives a
  728         notification of violation to request a hearing within
  729         a specified timeframe; defining the term “person”;
  730         providing for the waiver of a challenge or dispute as
  731         to the delivery of the notification of violation;
  732         requiring counties and municipalities to pay certain
  733         funds to the Department of Revenue; providing for the
  734         distribution of funds; specifying requirements for
  735         issuance of a traffic citation; providing for the
  736         waiver of a challenge or dispute as to the delivery of
  737         the traffic citation; specifying notification
  738         requirements and procedures; specifying that the
  739         registered owner of a motor vehicle is responsible and
  740         liable for paying a traffic citation; providing
  741         exceptions; requiring an owner of a motor vehicle to
  742         furnish an affidavit under certain circumstances;
  743         specifying requirements for such affidavit; requiring
  744         the county or municipality to dismiss the notice or
  745         citation and provide proof such dismissal under
  746         certain circumstances; requiring the county or
  747         municipality to notify the registered owner that the
  748         notice or citation will not be dismissed under certain
  749         circumstances; authorizing the county or municipality
  750         to issue a certain person a notification of violation;
  751         providing that the affidavit is admissible in a
  752         proceeding for the purpose of proving who was
  753         operating the motor vehicle at the time of the
  754         violation; providing that the owner of a leased
  755         vehicle is not responsible for paying a traffic
  756         citation or submitting an affidavit; specifying a
  757         timeframe for a county or a municipality to issue a
  758         notification under certain circumstances; requiring
  759         certain persons to issue an affidavit; providing a
  760         criminal penalty for submitting a false affidavit;
  761         providing that certain photographs or videos and
  762         evidence of speed are admissible in certain
  763         proceedings; providing a rebuttable presumption;
  764         providing construction; specifying requirements and
  765         procedures for hearings; providing procedures for
  766         appeal; prohibiting speed detection systems in school
  767         zones from being capable of automated or user
  768         controlled remote surveillance; providing that certain
  769         recorded photographs or videos may be used only for a
  770         certain purpose; requiring certain photographs or
  771         video to be destroyed within a certain timeframe;
  772         requiring the vendor of a speed detection system to
  773         provide certain written notice; providing that certain
  774         registered motor vehicle information may be used only
  775         for certain purposes; requiring counties and
  776         municipalities that operate a speed detection system
  777         to submit a certain report to the department;
  778         requiring the department to provide a certain report
  779         to the Legislature; amending s. 316.1906, F.S.;
  780         revising the definition of the term “officer”;
  781         exempting a speed detection system from the design
  782         requirements for radar units; specifying requirements
  783         for speed detection systems; requiring a law
  784         enforcement agency and its agents operating a speed
  785         detection system to maintain a log of results of the
  786         system’s self-tests; requiring a law enforcement
  787         agency and its agents to perform independent
  788         calibration tests of such systems within a specified
  789         timeframe; providing for the admissibility of certain
  790         evidence in certain proceedings; amending s. 318.18,
  791         F.S.; providing a civil penalty for a certain speed
  792         limit violation; amending s. 322.27, F.S.; prohibiting
  793         points from being imposed against a driver license for
  794         certain infractions enforced by a traffic infraction
  795         enforcement officer; prohibiting such infractions from
  796         being used to set motor vehicle insurance rates;
  797         amending s. 316.306, F.S.; conforming a cross
  798         reference; amending s. 316.640, F.S.; conforming a
  799         provision to changes made by the act; amending s.
  800         316.650, F.S.; conforming provisions to changes made
  801         by the act; requiring the chief administrative officer
  802         to provide certain data within 5 business days;
  803         amending ss. 318.14, 318.21, and 655.960, F.S.;
  804         conforming cross-references