Florida Senate - 2023                                     SB 588
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00379-23                                            2023588__
    1                        A bill to be entitled                      
    2         An act relating to enforcement of school zone speed
    3         limits; amending s. 316.003, F.S.; defining the term
    4         “speed detection system”; amending s. 316.008, F.S.;
    5         authorizing counties and municipalities to install, or
    6         contract with a vendor to install, speed detection
    7         systems in school zones; authorizing counties and
    8         municipalities to enforce speed limits in school zones
    9         on certain roads and at specified periods through the
   10         use of speed detection systems; providing a rebuttable
   11         presumption; amending s. 316.0776, F.S.; specifying
   12         conditions for the placement or installation of speed
   13         detection systems; requiring the Department of
   14         Transportation to establish certain specifications by
   15         a specified date; requiring counties and
   16         municipalities that install speed detection systems in
   17         school zones to provide certain notice to the public;
   18         specifying signage requirements; requiring counties
   19         and municipalities that have never conducted a speed
   20         detection system program to conduct a public awareness
   21         campaign before commencing enforcement using such
   22         system; limiting penalties in effect during the public
   23         awareness campaign; creating s. 316.1894, F.S.;
   24         requiring local governments to use a portion of funds
   25         generated from a certain program for school crossing
   26         guard recruitment and retention; providing that the
   27         administering law enforcement agency has certain
   28         discretion within its local jurisdiction; creating s.
   29         316.1896, F.S.; authorizing counties and
   30         municipalities to authorize traffic infraction
   31         enforcement officers to issue traffic citations for
   32         certain violations; requiring notification or traffic
   33         citations issued through the use of a speed detection
   34         system to contain certain items; providing
   35         construction; specifying notification requirements and
   36         procedures; authorizing a person who receives a
   37         notification of violation to request a hearing within
   38         a specified timeframe; defining the term “person”;
   39         providing for waiver of challenge or dispute as to the
   40         delivery of the notification of violation; requiring
   41         counties and municipalities to pay certain funds to
   42         the Department of Revenue; providing for the
   43         distribution of funds; specifying requirements for
   44         issuance of a traffic citation; providing for waiver
   45         of challenge or dispute as to the delivery of the
   46         traffic citation; specifying notification requirements
   47         and procedures; specifying that the registered owner
   48         of a motor vehicle is responsible and liable for
   49         paying a traffic citation; providing exceptions;
   50         requiring an owner of a motor vehicle to furnish an
   51         affidavit under certain circumstances; specifying
   52         requirements for such affidavit; requiring that the
   53         citation be dismissed if an affidavit and certain
   54         documentation are received by a governmental entity;
   55         providing that the affidavit is admissible in a
   56         proceeding for the purpose of proving who was
   57         operating the motor vehicle at the time of the
   58         violation; providing that the owner of a leased
   59         vehicle is not responsible for paying a traffic
   60         citation or submitting an affidavit; specifying a
   61         timeframe for a county or a municipality to issue a
   62         notification under certain circumstances; providing a
   63         criminal penalty for submitting a false affidavit;
   64         providing that certain images or video and evidence of
   65         speed are admissible in certain proceedings; providing
   66         a rebuttable presumption; providing construction;
   67         specifying requirements and procedures for hearings;
   68         providing procedures for appeal; amending s. 316.1906,
   69         F.S.; revising the definition of the term “officer”;
   70         exempting a speed detection system from the design
   71         requirements for radar units; specifying requirements
   72         for speed detection systems; requiring a law
   73         enforcement agency and its agents operating a speed
   74         detection system to maintain a log of results of the
   75         system’s self-tests; requiring a law enforcement
   76         agency and its agents to perform independent
   77         calibration tests of such systems; providing for the
   78         admissibility of certain evidence in certain
   79         proceedings; amending s. 318.18, F.S.; providing a
   80         civil penalty for a certain speed limit violation;
   81         amending s. 322.27, F.S.; prohibiting points from
   82         being imposed against a driver license for certain
   83         infractions enforced by a traffic infraction
   84         enforcement officer; prohibiting such infractions from
   85         being used to set motor vehicle insurance rates;
   86         amending ss. 316.306, 316.640, 316.650, 318.14,
   87         318.21, and 655.960, F.S.; conforming cross-references
   88         and provisions to changes made by the act; providing
   89         an effective date.
   90          
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. Present subsections (82) through (109) of
   94  section 316.003, Florida Statutes, are redesignated as
   95  subsections (83) through (110), respectively, a new subsection
   96  (82) is added to that section, and subsection (64) of that
   97  section is amended, to read:
   98         316.003 Definitions.—The following words and phrases, when
   99  used in this chapter, shall have the meanings respectively
  100  ascribed to them in this section, except where the context
  101  otherwise requires:
  102         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
  103  in paragraph (88)(b) (87)(b), any privately owned way or place
  104  used for vehicular travel by the owner and those having express
  105  or implied permission from the owner, but not by other persons.
  106         (82)SPEED DETECTION SYSTEM.—A portable or fixed automated
  107  system used to record a vehicle’s speed using radar and to
  108  capture a photograph or video of the rear of a vehicle that
  109  exceeds the speed limit in force at the time of a violation.
  110         Section 2. Subsection (9) is added to section 316.008,
  111  Florida Statutes, to read:
  112         316.008 Powers of local authorities.—
  113         (9)(a)A county or municipality may place or install, or
  114  contract with a vendor to place or install, a speed detection
  115  system on a road maintained as a school zone as provided in s.
  116  316.1895 to enforce unlawful speed violations of s. 316.183 or
  117  316.1895 on that road.
  118         (b)A county or municipality may enforce speed limits on
  119  roads maintained as school zones pursuant to s. 316.1895 within
  120  30 minutes before and after a regularly scheduled breakfast
  121  program or a regularly scheduled school session at the
  122  restrictive school zone speed limit; during the entirety of a
  123  regularly scheduled school session at the nonrestrictive speed
  124  limit; and 30 minutes before and after the end of a regularly
  125  scheduled school session at the restrictive school zone speed
  126  limit, through the use of a speed detection system for the
  127  measurement of speed and recording of photographs or videos for
  128  violations in excess of 10 miles per hour over the posted speed
  129  limit in force at the time of the violation. A school zone’s
  130  compliance with s. 316.1895, except for s. 316.1895(6) relating
  131  to a sign stating “Speeding Fines Doubled” as otherwise
  132  specified in s. 316.0776, creates a rebuttable presumption that
  133  the school zone is being properly maintained.
  134         Section 3. Subsection (3) is added to section 316.0776,
  135  Florida Statutes, to read:
  136         316.0776 Traffic infraction detectors; placement and
  137  installation.—
  138         (3)A speed detection system may be placed or installed on
  139  a state road after such placement or installation is permitted
  140  by the Department of Transportation and in accordance with
  141  placement and installation specifications developed by the
  142  Department of Transportation. A speed detection system may be
  143  placed or installed on a street or highway under the
  144  jurisdiction of a county or a municipality in accordance with
  145  placement and installation specifications established by the
  146  Department of Transportation. The Department of Transportation
  147  shall establish such placement and installation specifications
  148  by August 1, 2023.
  149         (a)If a county or municipality places or installs a speed
  150  detection system on a road maintained as a school zone as
  151  provided in s. 316.1895, the county or municipality must notify
  152  the public that a speed detection system may be in use, by
  153  posting signage of camera or video enforcement of violations.
  154  Such signage used to notify the public must meet the
  155  specifications for uniform signals and devices adopted by the
  156  Department of Transportation pursuant to s. 316.0745. For speed
  157  detection systems enforcing violations of ss. 316.183 and
  158  316.1895 on roads maintained as school zones, this paragraph
  159  governs the signage notifying the public of the use of a speed
  160  detection system, and a sign stating “Speeding Fines Doubled,”
  161  as provided in s. 316.1895(6), is not required when a violation
  162  of s. 316.1895 is enforced by a speed detection system in a
  163  designated school zone.
  164         (b)If a county or municipality begins a speed detection
  165  system program and has never previously conducted such a
  166  program, the respective county or municipality must make a
  167  public announcement and conduct a public awareness campaign on
  168  the proposed use of speed detection systems at least 30 days
  169  before commencing enforcement under the speed detection system
  170  program and must notify the public of the specific date on which
  171  the program will commence. During the 30-day public awareness
  172  campaign about the speed detection system program, only a
  173  warning may be issued to the registered owner for a violation of
  174  s. 316.183 or s. 316.1895, and liability may not be imposed for
  175  the civil penalty under s. 318.18(3)(d).
  176         Section 4. Section 316.1894, Florida Statutes, is created
  177  to read:
  178         316.1894 School crossing guard recruitment and retention
  179  programs.—The law enforcement agency in the local government
  180  unit administering a program that fines motorists for violations
  181  of the speed limit on a road maintained as a school zone
  182  pursuant to s. 316.1895 shall use a portion of funds generated
  183  from the program pursuant to s. 316.1896(5)(e) for school
  184  crossing guard recruitment and retention programs. These
  185  programs may provide recruitment and retention stipends to
  186  crossing guards at K-12 public schools, including charter
  187  schools, or stipends to third parties for the recruitment of new
  188  crossing guards. The administering law enforcement agency has
  189  discretion to design and manage crossing guard recruitment and
  190  retention programs within its local jurisdiction.
  191         Section 5. Section 316.1896, Florida Statutes, is created
  192  to read:
  193         316.1896 Areas maintained as school zones; speed detection
  194  system enforcement; penalties; appeal procedure.—
  195         (1)For purposes of administering this section, a county or
  196  municipality may authorize a traffic infraction enforcement
  197  officer under s. 316.640 to issue a traffic citation for a
  198  violation of the speed limit on a road maintained as a school
  199  zone pursuant to s. 316.1895, as follows:
  200         (a)For a violation of s. 316.1895 in excess of 10 miles
  201  per hour over the restrictive speed limit which occurs within 30
  202  minutes before or after a regularly scheduled breakfast program
  203  or a regularly scheduled school session.
  204         (b)For a violation of s. 316.183 in excess of 10 miles per
  205  hour over the posted speed limit during the entirety of a
  206  regularly scheduled school session.
  207         (c)For a violation of s. 316.1895 in excess of 10 miles
  208  per hour over the restrictive speed limit 30 minutes before or
  209  after the end of a regularly scheduled school session.
  210  
  211  Such violation must be evidenced by a speed detection system.
  212  This subsection does not prohibit a review of information from a
  213  speed detection system by an authorized employee or agent of a
  214  county or municipality before issuance of the traffic citation
  215  by the traffic infraction enforcement officer. This subsection
  216  does not prohibit a county or municipality from issuing
  217  notifications as provided in subsection (2) to the registered
  218  owner of the motor vehicle in violation of s. 316.183 or s.
  219  316.1895.
  220         (2)Any notification or traffic citation issued through the
  221  use of a speed detection system must include a photograph or
  222  other recorded image showing the license tag of the vehicle; the
  223  date, time, and location of the vehicle; the maximum speed at
  224  which the vehicle was traveling; and the posted speed at the
  225  time of the violation.
  226         (3)Within 30 days after a violation, notification must be
  227  sent to the registered owner of the motor vehicle involved in
  228  the violation, specifying the remedies available under s. 318.14
  229  and that the violator must pay the penalty under s. 318.18(3)(d)
  230  to the county or municipality, or furnish an affidavit in
  231  accordance with subsection (8), within 30 days after the date of
  232  the notification of violation in order to avoid court fees,
  233  costs, and the issuance of a traffic citation. The notification
  234  of violation must:
  235         (a)Be sent by first-class mail.
  236         (b)Include a notice that the owner has the right to
  237  review, in person or remotely, the photographic or electronic
  238  images or streaming video and the evidence of the speed of the
  239  vehicle as measured by a speed detection system which constitute
  240  a rebuttable presumption against the owner of the vehicle.
  241         (c)State the time when, and place or website where, the
  242  images or video and evidence of speed may be examined and
  243  observed.
  244         (4)Notwithstanding any other law, a person who receives a
  245  notification of violation under this section may request a
  246  hearing within 30 days after the notification of violation or
  247  pay the penalty pursuant to the notification of violation, but a
  248  payment or fee may not be required before the hearing requested
  249  by the person. The notification of violation must be accompanied
  250  by, or direct the person to a website that provides, information
  251  on the person’s right to request a hearing, information on all
  252  court-related costs, and a form for requesting a hearing. As
  253  used in this subsection, the term “person” includes a natural
  254  person, the registered owner or co-owner of a motor vehicle, or
  255  the person identified in an affidavit as having actual care,
  256  custody, or control of a motor vehicle at the time of the
  257  violation.
  258         (5)If the registered owner or co-owner of the motor
  259  vehicle; the person designated as having care, custody, or
  260  control of the motor vehicle at the time of the violation; or an
  261  authorized representative of the owner, co-owner, or designated
  262  person initiates a proceeding to challenge the violation, he or
  263  she waives any challenge or dispute as to the delivery of the
  264  notification of violation.
  265         (6)Penalties assessed and collected by the county or
  266  municipality authorized to collect the funds provided for in
  267  this section, less the amount retained by the county or
  268  municipality pursuant to paragraphs (b) and (e) and the amount
  269  remitted to the public school district pursuant to paragraph
  270  (d), must be paid to the Department of Revenue weekly. Payment
  271  by the county or municipality to the state must be made by means
  272  of electronic funds transfer. In addition to the payment, a
  273  detailed summary of the penalties remitted must be reported to
  274  the Department of Revenue. Penalties assessed and collected by
  275  the county or municipality as established in s. 318.18(3)(d)
  276  shall be remitted or retained as follows:
  277         (a)Twenty dollars shall be remitted to the Department of
  278  Revenue for deposit into the General Revenue Fund.
  279         (b)Sixty dollars shall be retained by the county or
  280  municipality and must be used to administer speed detection
  281  systems in school zones and other public safety initiatives.
  282         (c)Three dollars shall be remitted to the Department of
  283  Revenue for deposit into the Department of Law Enforcement
  284  Criminal Justice Standards and Training Trust Fund.
  285         (d)Twelve dollars shall be remitted by the county or
  286  municipality to the public school district in which the
  287  violation occurred and must be used for school security
  288  initiatives, for student transportation, or to improve the
  289  safety of student walking conditions. Funds remitted under this
  290  paragraph shall be shared with charter schools in the district
  291  based on each charter school’s proportionate share of the
  292  district’s total unweighted full-time equivalent student
  293  enrollment and must be used for school security initiatives or
  294  to improve the safety of student walking conditions.
  295         (e)Five dollars shall be retained by the county or
  296  municipality and must be used for crossing guard recruitment and
  297  retention pursuant to s. 316.1894.
  298         (7)A traffic citation must be issued by mailing the
  299  traffic citation by certified mail to the address of the
  300  registered owner of the motor vehicle involved in the violation
  301  if payment has not been made within 30 days after notification
  302  under subsection (2), if the registered owner has not requested
  303  a hearing as authorized under subsection (3), or if the
  304  registered owner has not submitted an affidavit in accordance
  305  with subsection (8).
  306         (a)Delivery of the traffic citation constitutes
  307  notification under this subsection. If the registered owner or
  308  co-owner of the motor vehicle; the person designated as having
  309  care, custody, or control of the motor vehicle at the time of
  310  the violation; or a duly authorized representative of the owner,
  311  co-owner, or designated person initiates a proceeding to
  312  challenge the citation pursuant to this section, he or she
  313  waives any challenge or dispute as to the delivery of the
  314  traffic citation.
  315         (b)In the case of joint ownership of a motor vehicle, the
  316  traffic citation must be mailed to the first name appearing on
  317  the motor vehicle registration, unless the first name appearing
  318  on the registration is a business organization, in which case
  319  the second name appearing on the registration may be used.
  320         (c)Included with the notification to the registered owner
  321  of the motor vehicle involved in the infraction must be a notice
  322  that the owner has a right to review, in person or remotely, the
  323  photographic or electronic images or streaming video and the
  324  evidence of the speed of the vehicle as measured by a speed
  325  detection system which constitute a rebuttable presumption
  326  against the owner of the vehicle. The notice must state the time
  327  when, and place or website where, the images or video and
  328  evidence of speed may be examined and observed.
  329         (8)The registered owner of the motor vehicle involved in
  330  the violation is responsible and liable for paying the uniform
  331  traffic citation issued for a violation of s. 316.183 or s.
  332  316.1895 unless the owner can establish that:
  333         (a)The motor vehicle was, at the time of the violation, in
  334  the care, custody, or control of another person;
  335         (b)A uniform traffic citation was issued by law
  336  enforcement to the driver of the motor vehicle for the alleged
  337  violation of s. 316.183 or s. 316.1895; or
  338         (c)The motor vehicle’s registered owner was deceased on or
  339  before the date that the uniform traffic citation was issued, as
  340  established by an affidavit submitted by the representative of
  341  the motor vehicle owner’s estate or other designated person or
  342  family member.
  343         (9)To establish such facts under subsection (7), the
  344  registered owner of the motor vehicle must, within 30 days after
  345  the date of issuance of the traffic citation, furnish to the
  346  appropriate governmental entity an affidavit setting forth
  347  detailed information supporting an exception under subsection
  348  (7).
  349         (a)An affidavit supporting an exemption under paragraph
  350  (7)(a) must include the name, address, date of birth, and, if
  351  known, the driver license number of the person who leased,
  352  rented, or otherwise had care, custody, or control of the motor
  353  vehicle at the time of the alleged violation. If the motor
  354  vehicle was stolen at the time of the alleged violation, the
  355  affidavit must include the police report indicating that the
  356  motor vehicle was stolen.
  357         (b)If a uniform traffic citation for a violation of s.
  358  316.183 or 316.1895 was issued at the location of the violation
  359  by a law enforcement officer, the affidavit must include the
  360  serial number of the uniform traffic citation.
  361         (c)If the motor vehicle’s owner to whom a uniform traffic
  362  citation has been issued is deceased, the affidavit must include
  363  a certified copy of the owner’s death certificate showing that
  364  the date of death occurred on or before the issuance of the
  365  uniform traffic citation and one of the following:
  366         1.A bill of sale or other document showing that the
  367  deceased owner’s motor vehicle was sold or transferred after his
  368  or her death but on or before the date of the alleged violation.
  369         2.Documented proof that the registered license plate
  370  belonging to the deceased owner’s vehicle was returned to the
  371  department or any branch office or authorized agent of the
  372  department after his or her death but on or before the date of
  373  the alleged violation.
  374         3.A copy of the police report showing that the deceased
  375  owner’s registered license plate or motor vehicle was stolen
  376  after his or her death, but on or before the date of the alleged
  377  violation.
  378  
  379  Upon receipt of the affidavit and documentation required under
  380  this paragraph, the governmental entity must dismiss the
  381  citation and provide proof of such dismissal to the person who
  382  submitted the affidavit.
  383         (10)Upon receipt of an affidavit, the person designated as
  384  having care, custody, or control of the motor vehicle at the
  385  time of the violation may be issued a notification of violation
  386  pursuant to subsection (2) for a violation of s. 316.183 or s.
  387  316.1895. The affidavit is admissible in a proceeding pursuant
  388  to this section for the purpose of providing proof that the
  389  person identified in the affidavit was in actual care, custody,
  390  or control of the motor vehicle. The owner of a leased vehicle
  391  for which a traffic citation is issued for a violation of s.
  392  316.183 or 316.1895 is not responsible for paying the traffic
  393  citation and is not required to submit an affidavit as specified
  394  in this subsection if the motor vehicle involved in the
  395  violation is registered in the name of the lessee of such motor
  396  vehicle.
  397         (11)If a county or municipality receives an affidavit
  398  under subsection (8), the notification of violation required
  399  under subsection (2) must be sent to the person identified in
  400  the affidavit within 30 days after receipt of the affidavit.
  401         (12)The submission of a false affidavit is a misdemeanor
  402  of the second degree, punishable as provided in s. 775.082 or s.
  403  775.083.
  404         (13)The photographic or electronic images or the streaming
  405  video evidence and the evidence of the speed of the vehicle as
  406  measured by a speed detection system which are attached to or
  407  referenced in the traffic citation are evidence of a violation
  408  of s. 316.183 or s. 316.1895 and are admissible in any
  409  proceeding to enforce this section. The images or video and
  410  evidence of speed raise a rebuttable presumption that the motor
  411  vehicle named in the report or shown in the images or video was
  412  used in violation of s. 316.183 or 316.1895.
  413         (14)This section supplements the enforcement of ss.
  414  316.183 and 316.1895 by law enforcement officers and does not
  415  prohibit a law enforcement officer from issuing a traffic
  416  citation for a violation of s. 316.183 or 316.1895.
  417         (15)A hearing under this section must be conducted under
  418  the procedures established by s. 316.0083(5) and as follows:
  419         (a)The department shall publish and make available
  420  electronically to each county and municipality a model request
  421  for hearing form to assist each local government administering
  422  this section.
  423         (b)The county or municipality electing to authorize
  424  traffic infraction enforcement officers to issue traffic
  425  citations under subsection (6) shall designate by resolution
  426  existing staff to serve as the clerk to the local hearing
  427  officer.
  428         (c)Any person, referred to as the “petitioner” in this
  429  subsection, who elects to request a hearing under subsection (3)
  430  shall be scheduled for a hearing by the clerk to the local
  431  hearing officer. The clerk must furnish the petitioner with
  432  notice to be sent by first-class mail. Upon receipt of the
  433  notice, the petitioner may reschedule the hearing once by
  434  submitting a written request to reschedule to the clerk to the
  435  local hearing officer at least 5 calendar days before the day of
  436  the originally scheduled hearing. The petitioner may cancel his
  437  or her appearance before the local hearing officer by paying the
  438  penalty assessed under subsection (2), plus the administrative
  439  costs established in s. 316.0083(5)(c), before the start of the
  440  hearing.
  441         (d)All testimony at the hearing must be under oath and
  442  must be recorded. The local hearing officer shall take testimony
  443  from a traffic infraction enforcement officer and the petitioner
  444  and may take testimony from others. The local hearing officer
  445  shall review the photographic or electronic images or streaming
  446  video and the evidence of the speed of the vehicle as measured
  447  by a speed detection system made available under paragraph
  448  (2)(b). Formal rules of evidence do not apply, but due process
  449  must be observed and must govern the proceedings.
  450         (e)At the conclusion of the hearing, the local hearing
  451  officer shall determine whether a violation under this section
  452  occurred and shall uphold or dismiss the violation. The local
  453  hearing officer shall issue a final administrative order
  454  including the determination and, if the notification of
  455  violation is upheld, require the petitioner to pay the penalty
  456  previously assessed under subsection (2), and may also require
  457  the petitioner to pay county or municipal costs not to exceed
  458  the amount established in s. 316.0083(5)(e). The final
  459  administrative order must be mailed to the petitioner by first
  460  class mail.
  461         (f)An aggrieved party may appeal a final administrative
  462  order consistent with the process provided in s. 162.11.
  463         Section 6.  Paragraph (d) of subsection (1) of section
  464  316.1906, Florida Statutes, is amended, and subsection (3) is
  465  added to that section, to read:
  466         316.1906 Radar speed-measuring devices; evidence,
  467  admissibility.—
  468         (1) DEFINITIONS.—
  469         (d) “Officer” means any:
  470         1. “Law enforcement officer” who is elected, appointed, or
  471  employed full time by any municipality or the state or any
  472  political subdivision thereof; who is vested with the authority
  473  to bear arms and make arrests; and whose primary responsibility
  474  is the prevention and detection of crime or the enforcement of
  475  the penal, criminal, traffic, or highway laws of the state;
  476         2. “Part-time law enforcement officer” who is employed or
  477  appointed less than full time, as defined by an employing
  478  agency, with or without compensation; who is vested with
  479  authority to bear arms and make arrests; and whose primary
  480  responsibility is the prevention and detection of crime or the
  481  enforcement of the penal, criminal, traffic, or highway laws of
  482  the state; or
  483         3. “Auxiliary law enforcement officer” who is employed or
  484  appointed, with or without compensation; who aids or assists a
  485  full-time or part-time law enforcement officer; and who, while
  486  under the direct supervision of a full-time or part-time law
  487  enforcement officer, has the authority to arrest and perform law
  488  enforcement functions; or
  489         4.“Traffic infraction enforcement officer” who is employed
  490  or appointed, with or without compensation, and who satisfies
  491  the requirements of s. 316.640(5) and is vested with authority
  492  to enforce a violation of s. 316.183 or s. 316.1895 pursuant to
  493  s. 316.1896.
  494         (3)A speed detection system is exempt from the design
  495  requirements for radar units established by the department. A
  496  speed detection system must have the ability to perform self
  497  tests as to its detection accuracy. The system must perform a
  498  self-test at least once every 30 days. The law enforcement
  499  agency, or an agent acting on behalf of the law enforcement
  500  agency, operating a speed detection system shall maintain a log
  501  of the results of the system’s self-tests. The law enforcement
  502  agency, or an agent acting on behalf of the law enforcement
  503  agency, operating a speed detection system shall also perform an
  504  independent calibration test on the speed detection system at
  505  least once every 12 months. The self-test logs, as well as the
  506  results of the annual calibration test, are admissible in any
  507  court proceeding for a traffic citation issued for a violation
  508  of s. 316.183 or s. 316.1895 enforced pursuant to s. 316.1896.
  509  Notwithstanding subsection (2), evidence of a vehicle’s speed
  510  measured by a speed detection system compliant with this
  511  subsection and the determination by a traffic infraction
  512  enforcement officer that a vehicle is operating in excess of the
  513  applicable speed limit is admissible in any proceeding with
  514  respect to an alleged violation of law regulating the speed of
  515  vehicles.
  516         Section 7. Present paragraphs (d) through (h) of subsection
  517  (3) of section 318.18, Florida Statutes, are redesignated as
  518  paragraphs (e) through (i), respectively, and a new paragraph
  519  (d) is added to that subsection, to read:
  520         318.18 Amount of penalties.—The penalties required for a
  521  noncriminal disposition pursuant to s. 318.14 or a criminal
  522  offense listed in s. 318.17 are as follows:
  523         (3)
  524         (d)Notwithstanding paragraphs (b) and (c), a person cited
  525  for exceeding the speed limit in force at the time of the
  526  violation on a road a maintained as a school zone as provided in
  527  s. 316.1895, when enforced by a traffic infraction enforcement
  528  officer pursuant to s. 316.1896, shall pay a fine of $100.
  529         Section 8. Paragraph (d) of subsection (3) of section
  530  322.27, Florida Statutes, is amended to read:
  531         322.27 Authority of department to suspend or revoke driver
  532  license or identification card.—
  533         (3) There is established a point system for evaluation of
  534  convictions of violations of motor vehicle laws or ordinances,
  535  and violations of applicable provisions of s. 403.413(6)(b) when
  536  such violations involve the use of motor vehicles, for the
  537  determination of the continuing qualification of any person to
  538  operate a motor vehicle. The department is authorized to suspend
  539  the license of any person upon showing of its records or other
  540  good and sufficient evidence that the licensee has been
  541  convicted of violation of motor vehicle laws or ordinances, or
  542  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  543  more points as determined by the point system. The suspension
  544  shall be for a period of not more than 1 year.
  545         (d) The point system has shall have as its basic element a
  546  graduated scale of points assigning relative values to
  547  convictions of the following violations:
  548         1. Reckless driving, willful and wanton—4 points.
  549         2. Leaving the scene of a crash resulting in property
  550  damage of more than $50—6 points.
  551         3. Unlawful speed, or unlawful use of a wireless
  552  communications device, resulting in a crash—6 points.
  553         4. Passing a stopped school bus:
  554         a. Not causing or resulting in serious bodily injury to or
  555  death of another—4 points.
  556         b. Causing or resulting in serious bodily injury to or
  557  death of another—6 points.
  558         5. Unlawful speed:
  559         a. Not in excess of 15 miles per hour of lawful or posted
  560  speed—3 points.
  561         b. In excess of 15 miles per hour of lawful or posted
  562  speed—4 points.
  563         6. A violation of a traffic control signal device as
  564  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  565  However, no points may not shall be imposed for a violation of
  566  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  567  stop at a traffic signal and when enforced by a traffic
  568  infraction enforcement officer. In addition, a violation of s.
  569  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  570  stop at a traffic signal and when enforced by a traffic
  571  infraction enforcement officer may not be used for purposes of
  572  setting motor vehicle insurance rates.
  573         7. All other moving violations (including parking on a
  574  highway outside the limits of a municipality)—3 points. However,
  575  no points may not shall be imposed for a violation of s.
  576  316.0741 or s. 316.2065(11); and points may shall be imposed for
  577  a violation of s. 316.1001 only when imposed by the court after
  578  a hearing pursuant to s. 318.14(5).
  579         8. Any moving violation covered in this paragraph,
  580  excluding unlawful speed and unlawful use of a wireless
  581  communications device, resulting in a crash—4 points.
  582         9. Any conviction under s. 403.413(6)(b)—3 points.
  583         10. Any conviction under s. 316.0775(2)—4 points.
  584         11. A moving violation covered in this paragraph which is
  585  committed in conjunction with the unlawful use of a wireless
  586  communications device within a school safety zone—2 points, in
  587  addition to the points assigned for the moving violation.
  588         (e)Points may not be imposed for a violation of unlawful
  589  speed as provided in s. 316.183 or s. 316.1895 when enforced by
  590  a traffic infraction enforcement officer pursuant to s.
  591  316.1896. In addition, a violation of s. 316.183 or s. 316.1895
  592  when enforced by a traffic infraction enforcement officer
  593  pursuant to s. 316.1896 may not be used for purposes of setting
  594  motor vehicle insurance rates.
  595         Section 9. Paragraph (a) of subsection (3) of section
  596  316.306, Florida Statutes, is amended to read:
  597         316.306 School and work zones; prohibition on the use of a
  598  wireless communications device in a handheld manner.—
  599         (3)(a)1. A person may not operate a motor vehicle while
  600  using a wireless communications device in a handheld manner in a
  601  designated school crossing, school zone, or work zone area as
  602  defined in s. 316.003(110) s. 316.003(109). This subparagraph is
  603  shall only be applicable to work zone areas if construction
  604  personnel are present or are operating equipment on the road or
  605  immediately adjacent to the work zone area. For the purposes of
  606  this paragraph, a motor vehicle that is stationary is not being
  607  operated and is not subject to the prohibition in this
  608  paragraph.
  609         2. Effective January 1, 2020, a law enforcement officer may
  610  stop motor vehicles and issue citations to persons who are
  611  driving while using a wireless communications device in a
  612  handheld manner in violation of subparagraph 1.
  613         Section 10. Paragraph (a) of subsection (5) of section
  614  316.640, Florida Statutes, is amended to read:
  615         316.640 Enforcement.—The enforcement of the traffic laws of
  616  this state is vested as follows:
  617         (5)(a) Any sheriff’s department or police department of a
  618  municipality may employ, as a traffic infraction enforcement
  619  officer, any individual who successfully completes instruction
  620  in traffic enforcement procedures and court presentation through
  621  the Selective Traffic Enforcement Program as approved by the
  622  Division of Criminal Justice Standards and Training of the
  623  Department of Law Enforcement, or through a similar program, but
  624  who does not necessarily otherwise meet the uniform minimum
  625  standards established by the Criminal Justice Standards and
  626  Training Commission for law enforcement officers or auxiliary
  627  law enforcement officers under s. 943.13. Any such traffic
  628  infraction enforcement officer who observes the commission of a
  629  traffic infraction or, in the case of a parking infraction, who
  630  observes an illegally parked vehicle may issue a traffic
  631  citation for the infraction when, based upon personal
  632  investigation, he or she has reasonable and probable grounds to
  633  believe that an offense has been committed which constitutes a
  634  noncriminal traffic infraction as defined in s. 318.14. In
  635  addition, any such traffic infraction enforcement officer may
  636  issue a traffic citation under s. 316.0083 or s. 316.1896. For
  637  purposes of enforcing ss. 316.0083, 316.183, and 316.1895 s.
  638  316.0083, any sheriff’s department or police department of a
  639  municipality may designate employees as traffic infraction
  640  enforcement officers. The traffic infraction enforcement
  641  officers must be physically located in the county of the
  642  respective sheriff’s or police department.
  643         Section 11. Paragraphs (a) and (c) of subsection (3) of
  644  section 316.650, Florida Statutes, are amended to read:
  645         316.650 Traffic citations.—
  646         (3)(a) Except for a traffic citation issued pursuant to s.
  647  316.0083, s. 316.1001, or s. 316.1896 or s. 316.0083, each
  648  traffic enforcement officer, upon issuing a traffic citation to
  649  an alleged violator of any provision of the motor vehicle laws
  650  of this state or of any traffic ordinance of any municipality or
  651  town, shall deposit the original traffic citation or, in the
  652  case of a traffic enforcement agency that has an automated
  653  citation issuance system, the chief administrative officer shall
  654  provide by an electronic transmission a replica of the citation
  655  data to a court having jurisdiction over the alleged offense or
  656  with its traffic violations bureau within 5 days after issuance
  657  to the violator.
  658         (c) If a traffic citation is issued under s. 316.0083 or s.
  659  316.1896, the traffic infraction enforcement officer must shall
  660  provide by electronic transmission a replica of the traffic
  661  citation data to the court having jurisdiction over the alleged
  662  offense or its traffic violations bureau within 5 days after the
  663  date of issuance of the traffic citation to the violator. If a
  664  hearing is requested, the traffic infraction enforcement officer
  665  must shall provide a replica of the traffic notice of violation
  666  data to the clerk for the local hearing officer having
  667  jurisdiction over the alleged offense within 14 days.
  668         Section 12. Subsection (2) of section 318.14, Florida
  669  Statutes, is amended to read:
  670         318.14 Noncriminal traffic infractions; exception;
  671  procedures.—
  672         (2) Except as provided in ss. 316.0083, 316.1001(2), and
  673  316.1896 and 316.0083, any person cited for a violation
  674  requiring a mandatory hearing listed in s. 318.19 or any other
  675  criminal traffic violation listed in chapter 316 must sign and
  676  accept a citation indicating a promise to appear. The officer
  677  may indicate on the traffic citation the time and location of
  678  the scheduled hearing and must indicate the applicable civil
  679  penalty established in s. 318.18. For all other infractions
  680  under this section, except for infractions under s. 316.1001,
  681  the officer must certify by electronic, electronic facsimile, or
  682  written signature that the citation was delivered to the person
  683  cited. This certification is prima facie evidence that the
  684  person cited was served with the citation.
  685         Section 13. Subsections (4), (5), and (15) of section
  686  318.21, Florida Statutes, are amended to read:
  687         318.21 Disposition of civil penalties by county courts.—All
  688  civil penalties received by a county court pursuant to the
  689  provisions of this chapter shall be distributed and paid monthly
  690  as follows:
  691         (4) Of the additional fine assessed under s. 318.18(3)(g)
  692  s. 318.18(3)(f) for a violation of s. 316.1301, 40 percent must
  693  be remitted to the Department of Revenue for deposit in the
  694  Grants and Donations Trust Fund of the Division of Blind
  695  Services of the Department of Education, and 60 percent must be
  696  distributed pursuant to subsections (1) and (2).
  697         (5) Of the additional fine assessed under s. 318.18(3)(g)
  698  s. 318.18(3)(f) for a violation of s. 316.1303(1), 60 percent
  699  must be remitted to the Department of Revenue for deposit in the
  700  Grants and Donations Trust Fund of the Division of Vocational
  701  Rehabilitation of the Department of Education, and 40 percent
  702  must be distributed pursuant to subsections (1) and (2).
  703         (15) Of the additional fine assessed under s. 318.18(3)(f)
  704  s. 318.18(3)(e) for a violation of s. 316.1893, 50 percent of
  705  the moneys received from the fines shall be appropriated to the
  706  Agency for Health Care Administration as general revenue to
  707  provide an enhanced Medicaid payment to nursing homes that serve
  708  Medicaid recipients with brain and spinal cord injuries. The
  709  remaining 50 percent of the moneys received from the enhanced
  710  fine imposed under s. 318.18(3)(f) s. 318.18(3)(e) shall be
  711  remitted to the Department of Revenue and deposited into the
  712  Department of Health Emergency Medical Services Trust Fund to
  713  provide financial support to certified trauma centers in the
  714  counties where enhanced penalty zones are established to ensure
  715  the availability and accessibility of trauma services. Funds
  716  deposited into the Emergency Medical Services Trust Fund under
  717  this subsection shall be allocated as follows:
  718         (a) Fifty percent shall be allocated equally among all
  719  Level I, Level II, and pediatric trauma centers in recognition
  720  of readiness costs for maintaining trauma services.
  721         (b) Fifty percent shall be allocated among Level I, Level
  722  II, and pediatric trauma centers based on each center’s relative
  723  volume of trauma cases as calculated using the hospital
  724  discharge data collected pursuant to s. 408.061.
  725         Section 14. Subsection (1) of section 655.960, Florida
  726  Statutes, is amended to read:
  727         655.960 Definitions; ss. 655.960-655.965.—As used in this
  728  section and ss. 655.961-655.965, unless the context otherwise
  729  requires:
  730         (1) “Access area” means any paved walkway or sidewalk which
  731  is within 50 feet of any automated teller machine. The term does
  732  not include any street or highway open to the use of the public,
  733  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  734  including any adjacent sidewalk, as defined in s. 316.003.
  735         Section 15. This act shall take effect July 1, 2023.