Florida Senate - 2023                              CS for SB 588
       
       
        
       By the Committee on Transportation; and Senator Rodriguez
       
       
       
       
       
       596-02532-23                                           2023588c1
    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 funds generated
   25         from a certain program for school crossing guard
   26         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. Section 316.0776, Florida Statutes, is amended
  135  to read:
  136         316.0776 Traffic infraction detectors; speed detection
  137  systems; placement and installation.—
  138         (1) Traffic infraction detectors are allowed on state roads
  139  when permitted by the Department of Transportation and under
  140  placement and installation specifications developed by the
  141  Department of Transportation. Traffic infraction detectors are
  142  allowed on streets and highways under the jurisdiction of
  143  counties or municipalities in accordance with placement and
  144  installation specifications developed by the Department of
  145  Transportation.
  146         (2)(a) If the department, county, or municipality installs
  147  a traffic infraction detector at an intersection, the
  148  department, county, or municipality must shall notify the public
  149  that a traffic infraction device may be in use at that
  150  intersection and must specifically include notification of
  151  camera enforcement of violations concerning right turns. Such
  152  signage used to notify the public must meet the specifications
  153  for uniform signals and devices adopted by the Department of
  154  Transportation pursuant to s. 316.0745.
  155         (b) If the department, county, or municipality begins a
  156  traffic infraction detector program in a county or municipality
  157  that has never conducted such a program, the respective
  158  department, county, or municipality must shall also make a
  159  public announcement and conduct a public awareness campaign of
  160  the proposed use of traffic infraction detectors at least 30
  161  days before commencing the enforcement program.
  162         (3)A speed detection system may be placed or installed on
  163  a state road after such placement or installation is permitted
  164  by the Department of Transportation and in accordance with
  165  placement and installation specifications developed by the
  166  Department of Transportation. A speed detection system may be
  167  placed or installed on a street or highway under the
  168  jurisdiction of a county or a municipality in accordance with
  169  placement and installation specifications established by the
  170  Department of Transportation. The Department of Transportation
  171  shall establish such placement and installation specifications
  172  by August 1, 2023.
  173         (a)If a county or municipality places or installs a speed
  174  detection system on a road maintained as a school zone as
  175  provided in s. 316.1895, the county or municipality must notify
  176  the public that a speed detection system may be in use, by
  177  posting signage of camera or video enforcement of violations.
  178  Such signage used to notify the public must meet the
  179  specifications for uniform signals and devices adopted by the
  180  Department of Transportation pursuant to s. 316.0745. For speed
  181  detection systems enforcing violations of ss. 316.183 and
  182  316.1895 on roads maintained as school zones, this paragraph
  183  governs the signage notifying the public of the use of a speed
  184  detection system, and a sign stating “Speeding Fines Doubled,”
  185  as provided in s. 316.1895(6), is not required when a violation
  186  of s. 316.1895 is enforced by a speed detection system in a
  187  designated school zone.
  188         (b)If a county or municipality begins a speed detection
  189  system program and has never previously conducted such a
  190  program, the respective county or municipality must make a
  191  public announcement and conduct a public awareness campaign on
  192  the proposed use of speed detection systems at least 30 days
  193  before commencing enforcement under the speed detection system
  194  program and must notify the public of the specific date on which
  195  the program will commence. During the 30-day public awareness
  196  campaign about the speed detection system program, only a
  197  warning may be issued to the registered owner for a violation of
  198  s. 316.183 or s. 316.1895, enforced by a speed detection system,
  199  and liability may not be imposed for the civil penalty under s.
  200  318.18(3)(d).
  201         Section 4. Section 316.1894, Florida Statutes, is created
  202  to read:
  203         316.1894 School crossing guard recruitment and retention
  204  programs.—The law enforcement agency in the local government
  205  unit administering a program that fines motorists for violations
  206  of the speed limit on a road maintained as a school zone
  207  pursuant to s. 316.1895 shall use the funds generated from the
  208  program pursuant to s. 316.1896(6)(e) for school crossing guard
  209  recruitment and retention programs. These programs may provide
  210  recruitment and retention stipends to crossing guards at K-12
  211  public schools, including charter schools, or stipends to third
  212  parties for the recruitment of new crossing guards. The
  213  administering law enforcement agency has discretion to design
  214  and manage crossing guard recruitment and retention programs
  215  within its local jurisdiction.
  216         Section 5. Section 316.1896, Florida Statutes, is created
  217  to read:
  218         316.1896 Areas maintained as school zones; speed detection
  219  system enforcement; penalties; appeal procedure.—
  220         (1)For purposes of administering this section, a county or
  221  municipality may authorize a traffic infraction enforcement
  222  officer under s. 316.640 to issue a traffic citation for a
  223  violation of the speed limit on a road maintained as a school
  224  zone pursuant to s. 316.1895, as follows:
  225         (a)For a violation of s. 316.1895 in excess of 10 miles
  226  per hour over the restrictive speed limit which occurs within 30
  227  minutes before or after a regularly scheduled breakfast program
  228  or a regularly scheduled school session.
  229         (b)For a violation of s. 316.183 in excess of 10 miles per
  230  hour over the posted speed limit during the entirety of a
  231  regularly scheduled school session.
  232         (c)For a violation of s. 316.1895 in excess of 10 miles
  233  per hour over the restrictive speed limit 30 minutes before or
  234  after the end of a regularly scheduled school session.
  235  
  236  Such violation must be evidenced by a speed detection system.
  237  This subsection does not prohibit a review of information from a
  238  speed detection system by an authorized employee or agent of a
  239  county or municipality before issuance of the traffic citation
  240  by the traffic infraction enforcement officer. This subsection
  241  does not prohibit a county or municipality from issuing
  242  notifications as provided in subsection (3) to the registered
  243  owner of the motor vehicle in violation of s. 316.183 or s.
  244  316.1895.
  245         (2)Any notification or traffic citation issued through the
  246  use of a speed detection system must include a photograph or
  247  other recorded image showing the license tag of the vehicle; the
  248  date, time, and location of the vehicle; the maximum speed at
  249  which the vehicle was traveling; and the posted speed at the
  250  time of the violation.
  251         (3)Within 30 days after a violation, notification must be
  252  sent to the registered owner of the motor vehicle involved in
  253  the violation, specifying the remedies available under s. 318.14
  254  and that the violator must pay the penalty under s. 318.18(3)(d)
  255  to the county or municipality, or furnish an affidavit in
  256  accordance with subsection (9), within 30 days after the date of
  257  the notification of violation in order to avoid court fees,
  258  costs, and the issuance of a traffic citation. The notification
  259  of violation must:
  260         (a)Be sent by first-class mail.
  261         (b)Include a notice that the owner has the right to
  262  review, in person or remotely, the photographic or electronic
  263  images or streaming video and the evidence of the speed of the
  264  vehicle as measured by a speed detection system which constitute
  265  a rebuttable presumption against the owner of the vehicle.
  266         (c)State the time when, and place or website where, the
  267  images or video and evidence of speed may be examined and
  268  observed.
  269         (4)Notwithstanding any other law, a person who receives a
  270  notification of violation under this section may request a
  271  hearing within 30 days after the notification of violation or
  272  pay the penalty pursuant to the notification of violation, but a
  273  payment or fee may not be required before the hearing requested
  274  by the person. The notification of violation must be accompanied
  275  by, or direct the person to a website that provides, information
  276  on the person’s right to request a hearing, information on all
  277  court-related costs, and a form for requesting a hearing. As
  278  used in this subsection, the term “person” includes a natural
  279  person, the registered owner or co-owner of a motor vehicle, or
  280  the person identified in an affidavit as having actual care,
  281  custody, or control of a motor vehicle at the time of the
  282  violation.
  283         (5)If the registered owner or co-owner of the motor
  284  vehicle; the person designated as having care, custody, or
  285  control of the motor vehicle at the time of the violation; or an
  286  authorized representative of the owner, co-owner, or designated
  287  person initiates a proceeding to challenge the violation, he or
  288  she waives any challenge or dispute as to the delivery of the
  289  notification of violation.
  290         (6)Penalties assessed and collected by the county or
  291  municipality authorized to collect the funds provided for in
  292  this section, less the amount retained by the county or
  293  municipality pursuant to paragraphs (b) and (e) and the amount
  294  remitted to the public school district pursuant to paragraph
  295  (d), must be paid to the Department of Revenue weekly. Payment
  296  by the county or municipality to the state must be made by means
  297  of electronic funds transfer. In addition to the payment, a
  298  detailed summary of the penalties remitted must be reported to
  299  the Department of Revenue. Penalties assessed and collected by
  300  the county or municipality as established in s. 318.18(3)(d)
  301  shall be remitted or retained as follows:
  302         (a)Twenty dollars shall be remitted to the Department of
  303  Revenue for deposit into the General Revenue Fund.
  304         (b)Sixty dollars shall be retained by the county or
  305  municipality and must be used to administer speed detection
  306  systems in school zones and other public safety initiatives.
  307         (c)Three dollars shall be remitted to the Department of
  308  Revenue for deposit into the Department of Law Enforcement
  309  Criminal Justice Standards and Training Trust Fund.
  310         (d)Twelve dollars shall be remitted by the county or
  311  municipality to the public school district in which the
  312  violation occurred and must be used for school security
  313  initiatives, for student transportation, or to improve the
  314  safety of student walking conditions. Funds remitted under this
  315  paragraph shall be shared with charter schools in the district
  316  based on each charter school’s proportionate share of the
  317  district’s total unweighted full-time equivalent student
  318  enrollment and must be used for school security initiatives or
  319  to improve the safety of student walking conditions.
  320         (e)Five dollars shall be retained by the county or
  321  municipality and must be used for crossing guard recruitment and
  322  retention pursuant to s. 316.1894.
  323         (7)A traffic citation must be issued by mailing the
  324  traffic citation by certified mail to the address of the
  325  registered owner of the motor vehicle involved in the violation
  326  if payment has not been made within 30 days after notification
  327  under subsection (3), if the registered owner has not requested
  328  a hearing as authorized under subsection (4), or if the
  329  registered owner has not submitted an affidavit in accordance
  330  with subsection (9).
  331         (a)Delivery of the traffic citation constitutes
  332  notification under this subsection. If the registered owner or
  333  co-owner of the motor vehicle; the person designated as having
  334  care, custody, or control of the motor vehicle at the time of
  335  the violation; or a duly authorized representative of the owner,
  336  co-owner, or designated person initiates a proceeding to
  337  challenge the citation pursuant to this section, he or she
  338  waives any challenge or dispute as to the delivery of the
  339  traffic citation.
  340         (b)In the case of joint ownership of a motor vehicle, the
  341  traffic citation must be mailed to the first name appearing on
  342  the motor vehicle registration, unless the first name appearing
  343  on the registration is a business organization, in which case
  344  the second name appearing on the registration may be used.
  345         (c)Included with the notification to the registered owner
  346  of the motor vehicle involved in the infraction must be a notice
  347  that the owner has a right to review, in person or remotely, the
  348  photographic or electronic images or streaming video and the
  349  evidence of the speed of the vehicle as measured by a speed
  350  detection system which constitute a rebuttable presumption
  351  against the owner of the vehicle. The notice must state the time
  352  when, and place or website where, the images or video and
  353  evidence of speed may be examined and observed.
  354         (8)The registered owner of the motor vehicle involved in
  355  the violation is responsible and liable for paying the uniform
  356  traffic citation issued for a violation of s. 316.183 or s.
  357  316.1895 unless the owner can establish that:
  358         (a)The motor vehicle was, at the time of the violation, in
  359  the care, custody, or control of another person;
  360         (b)A uniform traffic citation was issued by law
  361  enforcement to the driver of the motor vehicle for the alleged
  362  violation of s. 316.183 or s. 316.1895; or
  363         (c)The motor vehicle’s registered owner was deceased on or
  364  before the date that the uniform traffic citation was issued, as
  365  established by an affidavit submitted by the representative of
  366  the motor vehicle owner’s estate or other designated person or
  367  family member.
  368         (9)To establish such facts under subsection (8), the
  369  registered owner of the motor vehicle must, within 30 days after
  370  the date of issuance of the traffic citation, furnish to the
  371  appropriate governmental entity an affidavit setting forth
  372  detailed information supporting an exception under subsection
  373  (8).
  374         (a)An affidavit supporting an exemption under paragraph
  375  (8)(a) must include the name, address, date of birth, and, if
  376  known, the driver license number of the person who leased,
  377  rented, or otherwise had care, custody, or control of the motor
  378  vehicle at the time of the alleged violation. If the motor
  379  vehicle was stolen at the time of the alleged violation, the
  380  affidavit must include the police report indicating that the
  381  motor vehicle was stolen.
  382         (b)If a uniform traffic citation for a violation of s.
  383  316.183 or s. 316.1895 was issued at the location of the
  384  violation by a law enforcement officer, the affidavit must
  385  include the serial number of the uniform traffic citation.
  386         (c)If the motor vehicle’s owner to whom a uniform traffic
  387  citation has been issued is deceased, the affidavit must include
  388  a certified copy of the owner’s death certificate showing that
  389  the date of death occurred on or before the issuance of the
  390  uniform traffic citation and one of the following:
  391         1.A bill of sale or other document showing that the
  392  deceased owner’s motor vehicle was sold or transferred after his
  393  or her death but on or before the date of the alleged violation.
  394         2.Documented proof that the registered license plate
  395  belonging to the deceased owner’s vehicle was returned to the
  396  department or any branch office or authorized agent of the
  397  department after his or her death but on or before the date of
  398  the alleged violation.
  399         3.A copy of the police report showing that the deceased
  400  owner’s registered license plate or motor vehicle was stolen
  401  after his or her death, but on or before the date of the alleged
  402  violation.
  403  
  404  Upon receipt of the affidavit and documentation required under
  405  this paragraph, the governmental entity must dismiss the
  406  citation and provide proof of such dismissal to the person who
  407  submitted the affidavit.
  408         (10)Upon receipt of an affidavit, the person designated as
  409  having care, custody, or control of the motor vehicle at the
  410  time of the violation may be issued a notification of violation
  411  pursuant to subsection (3) for a violation of s. 316.183 or s.
  412  316.1895. The affidavit is admissible in a proceeding pursuant
  413  to this section for the purpose of providing proof that the
  414  person identified in the affidavit was in actual care, custody,
  415  or control of the motor vehicle. The owner of a leased vehicle
  416  for which a traffic citation is issued for a violation of s.
  417  316.183 or s. 316.1895 is not responsible for paying the traffic
  418  citation and is not required to submit an affidavit as specified
  419  in this section if the motor vehicle involved in the violation
  420  is registered in the name of the lessee of such motor vehicle.
  421         (11)If a county or municipality receives an affidavit
  422  under subsection (9), the notification of violation required
  423  under subsection (3) must be sent to the person identified in
  424  the affidavit within 30 days after receipt of the affidavit.
  425         (12)The submission of a false affidavit is a misdemeanor
  426  of the second degree, punishable as provided in s. 775.082 or s.
  427  775.083.
  428         (13)The photographic or electronic images or the streaming
  429  video evidence and the evidence of the speed of the vehicle as
  430  measured by a speed detection system which are attached to or
  431  referenced in the traffic citation are evidence of a violation
  432  of s. 316.183 or s. 316.1895 and are admissible in any
  433  proceeding to enforce this section. The images or video and
  434  evidence of speed raise a rebuttable presumption that the motor
  435  vehicle named in the report or shown in the images or video was
  436  used in violation of s. 316.183 or s. 316.1895.
  437         (14)This section supplements the enforcement of ss.
  438  316.183 and 316.1895 by law enforcement officers and does not
  439  prohibit a law enforcement officer from issuing a traffic
  440  citation for a violation of s. 316.183 or s. 316.1895.
  441         (15)A hearing under this section must be conducted under
  442  the procedures established by s. 316.0083(5) and as follows:
  443         (a)The department shall publish and make available
  444  electronically to each county and municipality a model request
  445  for hearing form to assist each local government administering
  446  this section.
  447         (b)The county or municipality electing to authorize
  448  traffic infraction enforcement officers to issue traffic
  449  citations under subsection (1) shall designate by resolution
  450  existing staff to serve as the clerk to the local hearing
  451  officer.
  452         (c)Any person, referred to as the “petitioner” in this
  453  subsection, who elects to request a hearing under subsection (4)
  454  shall be scheduled for a hearing by the clerk to the local
  455  hearing officer. The clerk must furnish the petitioner with
  456  notice to be sent by first-class mail. Upon receipt of the
  457  notice, the petitioner may reschedule the hearing once by
  458  submitting a written request to reschedule to the clerk to the
  459  local hearing officer at least 5 calendar days before the day of
  460  the originally scheduled hearing. The petitioner may cancel his
  461  or her appearance before the local hearing officer by paying the
  462  penalty assessed under subsection (3), plus the administrative
  463  costs established in s. 316.0083(5)(c), before the start of the
  464  hearing.
  465         (d)All testimony at the hearing must be under oath and
  466  must be recorded. The local hearing officer shall take testimony
  467  from a traffic infraction enforcement officer and the petitioner
  468  and may take testimony from others. The local hearing officer
  469  shall review the photographic or electronic images or streaming
  470  video and the evidence of the speed of the vehicle as measured
  471  by a speed detection system made available under paragraph
  472  (3)(b). Formal rules of evidence do not apply, but due process
  473  must be observed and must govern the proceedings.
  474         (e)At the conclusion of the hearing, the local hearing
  475  officer shall determine whether a violation under this section
  476  occurred and shall uphold or dismiss the violation. The local
  477  hearing officer shall issue a final administrative order
  478  including the determination and, if the notification of
  479  violation is upheld, must require the petitioner to pay the
  480  penalty previously assessed under subsection (3), and may also
  481  require the petitioner to pay county or municipal costs not to
  482  exceed the amount established in s. 316.0083(5)(e). The final
  483  administrative order must be mailed to the petitioner by first
  484  class mail.
  485         (f)An aggrieved party may appeal a final administrative
  486  order consistent with the process provided in s. 162.11.
  487         Section 6. Paragraph (d) of subsection (1) of section
  488  316.1906, Florida Statutes, is amended, and subsection (3) is
  489  added to that section, to read:
  490         316.1906 Radar speed-measuring devices; evidence,
  491  admissibility.—
  492         (1) DEFINITIONS.—
  493         (d) “Officer” means any:
  494         1. “Law enforcement officer” who is elected, appointed, or
  495  employed full time by any municipality or the state or any
  496  political subdivision thereof; who is vested with the authority
  497  to bear arms and make arrests; and whose primary responsibility
  498  is the prevention and detection of crime or the enforcement of
  499  the penal, criminal, traffic, or highway laws of the state;
  500         2. “Part-time law enforcement officer” who is employed or
  501  appointed less than full time, as defined by an employing
  502  agency, with or without compensation; who is vested with
  503  authority to bear arms and make arrests; and whose primary
  504  responsibility is the prevention and detection of crime or the
  505  enforcement of the penal, criminal, traffic, or highway laws of
  506  the state; or
  507         3. “Auxiliary law enforcement officer” who is employed or
  508  appointed, with or without compensation; who aids or assists a
  509  full-time or part-time law enforcement officer; and who, while
  510  under the direct supervision of a full-time or part-time law
  511  enforcement officer, has the authority to arrest and perform law
  512  enforcement functions; or
  513         4.“Traffic infraction enforcement officer” who is employed
  514  or appointed, with or without compensation, and who satisfies
  515  the requirements of s. 316.640(5) and is vested with authority
  516  to enforce a violation of s. 316.183 or s. 316.1895 pursuant to
  517  s. 316.1896.
  518         (3)A speed detection system is exempt from the design
  519  requirements for radar units established by the department. A
  520  speed detection system must have the ability to perform self
  521  tests as to its detection accuracy. The system must perform a
  522  self-test at least once every 30 days. The law enforcement
  523  agency, or an agent acting on behalf of the law enforcement
  524  agency, operating a speed detection system shall maintain a log
  525  of the results of the system’s self-tests. The law enforcement
  526  agency, or an agent acting on behalf of the law enforcement
  527  agency, operating a speed detection system shall also perform an
  528  independent calibration test on the speed detection system at
  529  least once every 12 months. The self-test logs, as well as the
  530  results of the annual calibration test, are admissible in any
  531  court proceeding for a traffic citation issued for a violation
  532  of s. 316.183 or s. 316.1895 enforced pursuant to s. 316.1896.
  533  Notwithstanding subsection (2), evidence of a vehicle’s speed
  534  measured by a speed detection system compliant with this
  535  subsection and the determination by a traffic infraction
  536  enforcement officer that a vehicle is operating in excess of the
  537  applicable speed limit is admissible in any proceeding with
  538  respect to an alleged violation of law regulating the speed of
  539  vehicles.
  540         Section 7. Present paragraphs (d) through (h) of subsection
  541  (3) of section 318.18, Florida Statutes, are redesignated as
  542  paragraphs (e) through (i), respectively, and a new paragraph
  543  (d) is added to that subsection, to read:
  544         318.18 Amount of penalties.—The penalties required for a
  545  noncriminal disposition pursuant to s. 318.14 or a criminal
  546  offense listed in s. 318.17 are as follows:
  547         (3)
  548         (d)Notwithstanding paragraphs (b) and (c), a person cited
  549  for exceeding the speed limit in force at the time of the
  550  violation on a road maintained as a school zone as provided in
  551  s. 316.1895, when enforced by a traffic infraction enforcement
  552  officer pursuant to s. 316.1896, shall pay a fine of $100.
  553         Section 8. Paragraph (d) of subsection (3) of section
  554  322.27, Florida Statutes, is amended, and paragraph (e) is added
  555  to that subsection, to read:
  556         322.27 Authority of department to suspend or revoke driver
  557  license or identification card.—
  558         (3) There is established a point system for evaluation of
  559  convictions of violations of motor vehicle laws or ordinances,
  560  and violations of applicable provisions of s. 403.413(6)(b) when
  561  such violations involve the use of motor vehicles, for the
  562  determination of the continuing qualification of any person to
  563  operate a motor vehicle. The department is authorized to suspend
  564  the license of any person upon showing of its records or other
  565  good and sufficient evidence that the licensee has been
  566  convicted of violation of motor vehicle laws or ordinances, or
  567  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  568  more points as determined by the point system. The suspension
  569  shall be for a period of not more than 1 year.
  570         (d) The point system has shall have as its basic element a
  571  graduated scale of points assigning relative values to
  572  convictions of the following violations:
  573         1. Reckless driving, willful and wanton—4 points.
  574         2. Leaving the scene of a crash resulting in property
  575  damage of more than $50—6 points.
  576         3. Unlawful speed, or unlawful use of a wireless
  577  communications device, resulting in a crash—6 points.
  578         4. Passing a stopped school bus:
  579         a. Not causing or resulting in serious bodily injury to or
  580  death of another—4 points.
  581         b. Causing or resulting in serious bodily injury to or
  582  death of another—6 points.
  583         5. Unlawful speed:
  584         a. Not in excess of 15 miles per hour of lawful or posted
  585  speed—3 points.
  586         b. In excess of 15 miles per hour of lawful or posted
  587  speed—4 points.
  588         6. A violation of a traffic control signal device as
  589  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  590  However, no points may not shall be imposed for a violation of
  591  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  592  stop at a traffic signal and when enforced by a traffic
  593  infraction enforcement officer. In addition, a violation of s.
  594  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  595  stop at a traffic signal and when enforced by a traffic
  596  infraction enforcement officer may not be used for purposes of
  597  setting motor vehicle insurance rates.
  598         7. All other moving violations (including parking on a
  599  highway outside the limits of a municipality)—3 points. However,
  600  no points may not shall be imposed for a violation of s.
  601  316.0741 or s. 316.2065(11); and points may shall be imposed for
  602  a violation of s. 316.1001 only when imposed by the court after
  603  a hearing pursuant to s. 318.14(5).
  604         8. Any moving violation covered in this paragraph,
  605  excluding unlawful speed and unlawful use of a wireless
  606  communications device, resulting in a crash—4 points.
  607         9. Any conviction under s. 403.413(6)(b)—3 points.
  608         10. Any conviction under s. 316.0775(2)—4 points.
  609         11. A moving violation covered in this paragraph which is
  610  committed in conjunction with the unlawful use of a wireless
  611  communications device within a school safety zone—2 points, in
  612  addition to the points assigned for the moving violation.
  613         (e)Points may not be imposed for a violation of unlawful
  614  speed as provided in s. 316.183 or s. 316.1895 when enforced by
  615  a traffic infraction enforcement officer pursuant to s.
  616  316.1896. In addition, a violation of s. 316.183 or s. 316.1895
  617  when enforced by a traffic infraction enforcement officer
  618  pursuant to s. 316.1896 may not be used for purposes of setting
  619  motor vehicle insurance rates.
  620         Section 9. Paragraph (a) of subsection (3) of section
  621  316.306, Florida Statutes, is amended to read:
  622         316.306 School and work zones; prohibition on the use of a
  623  wireless communications device in a handheld manner.—
  624         (3)(a)1. A person may not operate a motor vehicle while
  625  using a wireless communications device in a handheld manner in a
  626  designated school crossing, school zone, or work zone area as
  627  defined in s. 316.003(110) s. 316.003(109). This subparagraph is
  628  shall only be applicable to work zone areas if construction
  629  personnel are present or are operating equipment on the road or
  630  immediately adjacent to the work zone area. For the purposes of
  631  this paragraph, a motor vehicle that is stationary is not being
  632  operated and is not subject to the prohibition in this
  633  paragraph.
  634         2. Effective January 1, 2020, a law enforcement officer may
  635  stop motor vehicles and issue citations to persons who are
  636  driving while using a wireless communications device in a
  637  handheld manner in violation of subparagraph 1.
  638         Section 10. Paragraph (a) of subsection (5) of section
  639  316.640, Florida Statutes, is amended to read:
  640         316.640 Enforcement.—The enforcement of the traffic laws of
  641  this state is vested as follows:
  642         (5)(a) Any sheriff’s department or police department of a
  643  municipality may employ, as a traffic infraction enforcement
  644  officer, any individual who successfully completes instruction
  645  in traffic enforcement procedures and court presentation through
  646  the Selective Traffic Enforcement Program as approved by the
  647  Division of Criminal Justice Standards and Training of the
  648  Department of Law Enforcement, or through a similar program, but
  649  who does not necessarily otherwise meet the uniform minimum
  650  standards established by the Criminal Justice Standards and
  651  Training Commission for law enforcement officers or auxiliary
  652  law enforcement officers under s. 943.13. Any such traffic
  653  infraction enforcement officer who observes the commission of a
  654  traffic infraction or, in the case of a parking infraction, who
  655  observes an illegally parked vehicle may issue a traffic
  656  citation for the infraction when, based upon personal
  657  investigation, he or she has reasonable and probable grounds to
  658  believe that an offense has been committed which constitutes a
  659  noncriminal traffic infraction as defined in s. 318.14. In
  660  addition, any such traffic infraction enforcement officer may
  661  issue a traffic citation under s. 316.0083 or s. 316.1896. For
  662  purposes of enforcing ss. 316.0083, 316.183, and 316.1895 s.
  663  316.0083, any sheriff’s department or police department of a
  664  municipality may designate employees as traffic infraction
  665  enforcement officers. The traffic infraction enforcement
  666  officers must be physically located in the county of the
  667  respective sheriff’s or police department.
  668         Section 11. Paragraphs (a) and (c) of subsection (3) of
  669  section 316.650, Florida Statutes, are amended to read:
  670         316.650 Traffic citations.—
  671         (3)(a) Except for a traffic citation issued pursuant to s.
  672  316.0083, s. 316.1001, or s. 316.1896 or s. 316.0083, each
  673  traffic enforcement officer, upon issuing a traffic citation to
  674  an alleged violator of any provision of the motor vehicle laws
  675  of this state or of any traffic ordinance of any municipality or
  676  town, shall deposit the original traffic citation or, in the
  677  case of a traffic enforcement agency that has an automated
  678  citation issuance system, the chief administrative officer shall
  679  provide by an electronic transmission a replica of the citation
  680  data to a court having jurisdiction over the alleged offense or
  681  with its traffic violations bureau within 5 days after issuance
  682  to the violator.
  683         (c) If a traffic citation is issued under s. 316.0083 or s.
  684  316.1896, the traffic infraction enforcement officer must shall
  685  provide by electronic transmission a replica of the traffic
  686  citation data to the court having jurisdiction over the alleged
  687  offense or its traffic violations bureau within 5 days after the
  688  date of issuance of the traffic citation to the violator. If a
  689  hearing is requested, the traffic infraction enforcement officer
  690  must shall provide a replica of the traffic notice of violation
  691  data to the clerk for the local hearing officer having
  692  jurisdiction over the alleged offense within 14 days.
  693         Section 12. Subsection (2) of section 318.14, Florida
  694  Statutes, is amended to read:
  695         318.14 Noncriminal traffic infractions; exception;
  696  procedures.—
  697         (2) Except as provided in ss. 316.0083, 316.1001(2), and
  698  316.1896 and 316.0083, any person cited for a violation
  699  requiring a mandatory hearing listed in s. 318.19 or any other
  700  criminal traffic violation listed in chapter 316 must sign and
  701  accept a citation indicating a promise to appear. The officer
  702  may indicate on the traffic citation the time and location of
  703  the scheduled hearing and must indicate the applicable civil
  704  penalty established in s. 318.18. For all other infractions
  705  under this section, except for infractions under s. 316.1001,
  706  the officer must certify by electronic, electronic facsimile, or
  707  written signature that the citation was delivered to the person
  708  cited. This certification is prima facie evidence that the
  709  person cited was served with the citation.
  710         Section 13. Subsections (4), (5), and (15) of section
  711  318.21, Florida Statutes, are amended to read:
  712         318.21 Disposition of civil penalties by county courts.—All
  713  civil penalties received by a county court pursuant to the
  714  provisions of this chapter shall be distributed and paid monthly
  715  as follows:
  716         (4) Of the additional fine assessed under s. 318.18(3)(g)
  717  s. 318.18(3)(f) for a violation of s. 316.1301, 40 percent must
  718  be remitted to the Department of Revenue for deposit in the
  719  Grants and Donations Trust Fund of the Division of Blind
  720  Services of the Department of Education, and 60 percent must be
  721  distributed pursuant to subsections (1) and (2).
  722         (5) Of the additional fine assessed under s. 318.18(3)(g)
  723  s. 318.18(3)(f) for a violation of s. 316.1303(1), 60 percent
  724  must be remitted to the Department of Revenue for deposit in the
  725  Grants and Donations Trust Fund of the Division of Vocational
  726  Rehabilitation of the Department of Education, and 40 percent
  727  must be distributed pursuant to subsections (1) and (2).
  728         (15) Of the additional fine assessed under s. 318.18(3)(f)
  729  s. 318.18(3)(e) for a violation of s. 316.1893, 50 percent of
  730  the moneys received from the fines shall be appropriated to the
  731  Agency for Health Care Administration as general revenue to
  732  provide an enhanced Medicaid payment to nursing homes that serve
  733  Medicaid recipients with brain and spinal cord injuries. The
  734  remaining 50 percent of the moneys received from the enhanced
  735  fine imposed under s. 318.18(3)(f) s. 318.18(3)(e) shall be
  736  remitted to the Department of Revenue and deposited into the
  737  Department of Health Emergency Medical Services Trust Fund to
  738  provide financial support to certified trauma centers in the
  739  counties where enhanced penalty zones are established to ensure
  740  the availability and accessibility of trauma services. Funds
  741  deposited into the Emergency Medical Services Trust Fund under
  742  this subsection shall be allocated as follows:
  743         (a) Fifty percent shall be allocated equally among all
  744  Level I, Level II, and pediatric trauma centers in recognition
  745  of readiness costs for maintaining trauma services.
  746         (b) Fifty percent shall be allocated among Level I, Level
  747  II, and pediatric trauma centers based on each center’s relative
  748  volume of trauma cases as calculated using the hospital
  749  discharge data collected pursuant to s. 408.061.
  750         Section 14. Subsection (1) of section 655.960, Florida
  751  Statutes, is amended to read:
  752         655.960 Definitions; ss. 655.960-655.965.—As used in this
  753  section and ss. 655.961-655.965, unless the context otherwise
  754  requires:
  755         (1) “Access area” means any paved walkway or sidewalk which
  756  is within 50 feet of any automated teller machine. The term does
  757  not include any street or highway open to the use of the public,
  758  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  759  including any adjacent sidewalk, as defined in s. 316.003.
  760         Section 15. This act shall take effect July 1, 2023.