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.