Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 766
       
       
       
       
       
       
                                Ì308854AÎ308854                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2023           .                                
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       The Committee on Transportation (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (78) through (109) of section
    6  316.003, Florida Statutes, are redesignated as subsections (79)
    7  through (110), respectively, a new subsection (78) is added to
    8  that section, and subsection (64) of that section is amended, to
    9  read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
   15  in paragraph (88)(b) (87)(b), any privately owned way or place
   16  used for vehicular travel by the owner and those having express
   17  or implied permission from the owner, but not by other persons.
   18         (78)SCHOOL BUS INFRACTION DETECTION SYSTEM.-A camera
   19  system affixed to a school bus with two or more camera sensors
   20  or computers that produce a recorded video and two or more film
   21  or digital photographic still images for the purpose of
   22  documenting a motor vehicle being used or operated in a manner
   23  that allegedly violates s. 316.172(1)(a) or (b).
   24         Section 2. Section 316.173, Florida Statutes, is created to
   25  read:
   26         316.173 School bus infraction detection systems.—
   27         (1)(a) A school district may install and operate a school
   28  bus infraction detection system on a school bus for the purpose
   29  of enforcing s. 316.172(1)(a) and (b) as provided in and
   30  consistent with this section.
   31         (b) The school district may contract with a private vendor
   32  or manufacturer to install a school bus infraction detection
   33  system on any school bus within its fleet, whether owned,
   34  contracted, or leased, and for services including, but not
   35  limited to, the installation, operation, and maintenance of the
   36  system. The school district’s decision to install school bus
   37  infraction detection systems must be based solely on the need to
   38  increase public safety. An individual may not receive a
   39  commission from any revenue collected from violations detected
   40  through the use of a school bus infraction detection system. A
   41  private vendor or manufacturer may not receive a fee or
   42  remuneration based upon the number of violations detected
   43  through the use of a school bus infraction detection system.
   44         (c) The school district shall ensure that each school bus
   45  infraction detection system meets the requirements of subsection
   46  (18).
   47         (d) The school district shall enter into an interlocal
   48  agreement with one or more law enforcement agencies authorized
   49  to enforce violations of s. 316.172(1)(a) and (b) within the
   50  school district which jointly establishes the responsibilities
   51  of enforcement and the reimbursement of costs associated with
   52  school bus infraction detection systems, consistent with this
   53  section.
   54         (2)(a) On any school bus in which a school bus infraction
   55  detection system is installed and operational, the school
   56  district must post high-visibility reflective signage on the
   57  rear of the school bus which indicates the use of such system.
   58  The signage must be in the form of one or more signs or stickers
   59  and must contain the following elements in substantially the
   60  following form:
   61         1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
   62  WHEN RED LIGHTS FLASH.
   63         2. The words “CAMERA ENFORCED.
   64         3. A graphic symbol of a camera.
   65         (b) The signage must occupy at least 75 percent of the
   66  available space that does not contain signs or insignia that are
   67  required by other applicable laws or by the State Board of
   68  Education.
   69         (c) The sufficiency of signage or compliance with the
   70  signage requirements under this subsection may not be raised in
   71  a proceeding challenging a violation of s. 316.172(1)(a) or (b).
   72         (3) If a school district begins a school bus infraction
   73  detection system program and has never conducted such a program,
   74  the school district must make a public announcement and conduct
   75  a public awareness campaign of the proposed use of school bus
   76  infraction detection systems at least 30 days before commencing
   77  enforcement under the school bus infraction detection system
   78  program and notify the public of the specific date on which the
   79  program will commence. During the public awareness campaign,
   80  only a warning may be issued to the registered owner of the
   81  motor vehicle for a violation of s. 316.172(1)(a) or (b),
   82  enforced by a school bus infraction detection system, and a
   83  civil penalty may not be imposed under chapter 318.
   84         (4) Within 30 days after an alleged violation of s.
   85  316.172(1)(a) or (b) is captured by a school bus infraction
   86  detection system, the private vendor or manufacturer shall
   87  submit the following information to a law enforcement agency
   88  that has entered into an interlocal agreement with the school
   89  district pursuant to paragraph (1)(d) and has traffic infraction
   90  enforcement jurisdiction at the location where the alleged
   91  violation occurred:
   92         (a) A copy of the recorded video and images showing the
   93  motor vehicle allegedly violating s. 316.172(1)(a) or (b).
   94         (b) The motor vehicle’s license plate number and the state
   95  of issuance of the motor vehicle’s license plate.
   96         (c) The date, time, and location of the alleged violation.
   97         (5) Within 30 days after receiving the information required
   98  in subsection (4), the law enforcement agency, if it determines
   99  that the motor vehicle violated s. 316.172(1)(a) or (b), must
  100  send a notice of violation to the registered owner of the motor
  101  vehicle involved in the violation, specifying the remedies
  102  available under s. 318.14 and that the violator must pay the
  103  penalty under s. 318.18(5) or furnish an affidavit in accordance
  104  with subsection (10) within 30 days after the date of the
  105  notification of violation in order to avoid court fees, costs,
  106  and the issuance of a uniform traffic citation. The notification
  107  of violation must be sent by first-class mail and include all of
  108  the following:
  109         (a) A copy of the recorded image showing the motor vehicle
  110  involved in the violation, including an image showing the
  111  license plate of the motor vehicle.
  112         (b) The date, time, and location of the violation.
  113         (c) The amount of civil penalty, the date by which the
  114  penalty must be paid, and instructions on how to pay the civil
  115  penalty.
  116         (d) Instructions on how to request a hearing to contest
  117  liability or the notice of violation.
  118         (e) A notice that the owner has the right to review, in
  119  person or remotely, the images and video captured by the school
  120  bus infraction detection system which constitute a rebuttable
  121  presumption that the motor vehicle was used in violation of s.
  122  316.172(a) or (b).
  123         (f) The time when, and the place or website at which, the
  124  images or video captured may be examined and observed.
  125         (g) A warning that failure to pay the civil penalty or to
  126  contest liability within 30 days after the notice is mailed will
  127  result in the issuance of a uniform traffic citation.
  128         (6) If the registered owner or co-owner of the motor
  129  vehicle; the person identified as having care, custody, or
  130  control of the motor vehicle at the time of the violation; or an
  131  authorized representative of the owner, co-owner, or identified
  132  person initiates a proceeding to challenge the violation, such
  133  person waives any challenge or dispute as to the delivery of the
  134  notification of violation.
  135         (7) The civil penalties assessed for a violation of s.
  136  316.172(1)(a) or (b) enforced by a school bus infraction
  137  detection system must be remitted to the school district in
  138  which the violation occurred. Such civil penalties must be used
  139  for the installation or maintenance of school bus infraction
  140  detection systems on school buses, for any other technology that
  141  increases the safety of the transportation of students, or for
  142  the administration and costs associated with the enforcement of
  143  violations as described in this section.
  144         (8) A uniform traffic citation must be issued by mailing
  145  the uniform traffic citation by certified mail to the address of
  146  the registered owner of the motor vehicle involved in the
  147  violation if payment has not been made within 30 days after
  148  notification under subsection (5), if the registered owner has
  149  not requested a hearing under s. 318.14, or if the registered
  150  owner has not submitted an affidavit in accordance with
  151  subsection (10).
  152         (a) Delivery of the uniform traffic citation constitutes
  153  notification for a violation of s. 316.172(1)(a) or (b) under
  154  this subsection. If the registered owner or co-owner of the
  155  motor vehicle; the person identified as having care, custody, or
  156  control of the motor vehicle at the time of the violation; or a
  157  duly authorized representative of the owner, co-owner, or
  158  identified person initiates a proceeding to challenge the
  159  citation, such person waives any challenge or dispute as to
  160  delivery of the traffic citation.
  161         (b) In the case of joint ownership of a motor vehicle, the
  162  traffic citation must be mailed to the first name appearing on
  163  the motor vehicle registration, unless the first name appearing
  164  on the registration is a business or organization, in which case
  165  the second name on the citation may be used.
  166         (c) The uniform traffic citation mailed to the registered
  167  owner of the motor vehicle involved in the infraction must be
  168  accompanied by information described in paragraphs (5)(a)–(f).
  169         (9) The registered owner of the motor vehicle involved in
  170  the violation is responsible and liable for paying the uniform
  171  traffic citation issued for a violation of s. 316.172(1)(a) or
  172  (b) unless the owner can establish that:
  173         (a) The motor vehicle was, at the time of the violation, in
  174  the care, custody, or control of another person;
  175         (b) A uniform traffic citation was issued by law
  176  enforcement to the driver of the motor vehicle for the alleged
  177  violation of s. 316.172(1)(a) or (b); or
  178         (c) The motor vehicle’s owner was deceased on or before the
  179  date that the uniform traffic citation was issued, as
  180  established by an affidavit submitted by the representative of
  181  the motor vehicle owner’s estate or other designated person or
  182  family member.
  183         (10) To establish such facts under subsection (9), the
  184  registered owner of the motor vehicle shall, within 30 days
  185  after the date of issuance of the notice of violation or the
  186  uniform traffic citation, furnish to the law enforcement agency
  187  that issued the notice of violation or uniform traffic citation
  188  an affidavit setting forth information supporting an exception
  189  under subsection (9).
  190         (a) An affidavit supporting the exemption under paragraph
  191  (9)(a) must include the name, address, date of birth, and, if
  192  known, the driver license number of the person who leased,
  193  rented, or otherwise had care, custody, or control of the motor
  194  vehicle at the time of the alleged violation. If the motor
  195  vehicle was stolen at the time of the alleged violation, the
  196  affidavit must include the police report indicating that the
  197  motor vehicle was stolen.
  198         (b) If a uniform traffic citation for a violation of s.
  199  316.172(1)(a) or (b) was issued at the location of the violation
  200  by a law enforcement officer, the affidavit must include the
  201  serial number of the uniform traffic citation.
  202         (c) If the motor vehicle’s owner to whom a traffic citation
  203  has been issued is deceased, the affidavit must include a
  204  certified copy of the owner’s death certificate showing that the
  205  death occurred on or before the date of the issuance of the
  206  traffic citation and one of the following:
  207         1. A bill of sale or other document showing that the
  208  deceased owner’s motor vehicle was sold or transferred after his
  209  or her death but on or before the date of the alleged violation.
  210         2. Documented proof that the registered license plate
  211  belonging to the deceased owner’s motor vehicle was returned to
  212  the department or any branch office or authorized agent of the
  213  department after his or her death but on or before the date of
  214  the alleged violation.
  215         3. A copy of the police report showing that the deceased
  216  owner’s registered license plate or motor vehicle was stolen
  217  after his or her death but on or before the date of the alleged
  218  violation.
  219  
  220  Upon receipt of the affidavit and documentation required under
  221  paragraphs (b) and (c), or 30 days after the date of issuance of
  222  a notice of violation sent to a person identified as having
  223  care, custody, or control of the motor vehicle at the time of
  224  the violation under paragraph (a), the law enforcement agency
  225  must dismiss the notice or citation and provide proof of such
  226  dismissal to the person who submitted the affidavit. If, within
  227  30 days after the date of a notice of violation sent to a person
  228  under subsection (11), the law enforcement agency receives an
  229  affidavit under this subsection from the person who was sent a
  230  notice of violation affirming that the person did not have care,
  231  custody, or control of the motor vehicle at the time of the
  232  violation, the law enforcement agency must notify the registered
  233  owner that the notice or citation will not be dismissed due to
  234  failure to establish that another person had care, custody, or
  235  control of the motor vehicle at the time of the violation.
  236         (11) Upon receipt of an affidavit under paragraph (9)(a),
  237  the law enforcement agency may issue the person identified as
  238  having care, custody, or control of the motor vehicle at the
  239  time of the violation a notification of violation pursuant to
  240  subsection (5) for a violation of s. 316.172(1)(a) or (b). The
  241  affidavit is admissible in a proceeding pursuant to this section
  242  for the purpose of providing evidence that the person identified
  243  in the affidavit was in actual care, custody, or control of the
  244  motor vehicle. The owner of a leased motor vehicle for which a
  245  traffic citation is issued for a violation of s. 316.172(1)(a)
  246  or (b) is not responsible for paying the traffic citation and is
  247  not required to submit an affidavit as specified in subsection
  248  (10) if the motor vehicle involved in the violation is
  249  registered in the name of the lessee of such motor vehicle.
  250         (12)If a law enforcement agency receives an affidavit
  251  under paragraph (9)(a), the notification of violation required
  252  under subsection (5) must be sent to the person identified in
  253  the affidavit within 30 days after receipt of the affidavit. The
  254  person identified in an affidavit and sent a notice of violation
  255  may also affirm he or she did not have care, custody, or control
  256  of the motor vehicle at the time of the violation by furnishing
  257  to the appropriate governmental entity within 30 days after the
  258  date of the notice of violation an affidavit stating such.
  259         (13) The submission of a false affidavit is a misdemeanor
  260  of the second degree, punishable as provided in s. 775.082 or s.
  261  775.083.
  262         (14) The images and video captured by a school bus
  263  infraction detection system which are attached to or referenced
  264  in the traffic citation are evidence of a violation of s.
  265  316.172(1)(a) or (b) and are admissible in any proceeding to
  266  enforce this section. The images and video raise a rebuttable
  267  presumption that the motor vehicle shown in the images and video
  268  was used in violation of s. 316.172(1)(a) or (b).
  269         (15) This section supplements the enforcement of s.
  270  316.172(1)(a) and (b) by a law enforcement officer and does not
  271  prohibit a law enforcement officer from issuing a traffic
  272  citation for a violation of s. 316.172(1)(a) or (b).
  273         (16)(a)1.Notwithstanding any other law, equipment deployed
  274  as part of a school bus infraction detection system as provided
  275  under this section must be incapable of automated or user
  276  controlled remote surveillance by means of recorded video or
  277  still images.
  278         2. Images collected as part of the school bus infraction
  279  detection system may be used only to document violations of s.
  280  316.172(1)(a) or (b) and may not be used for any other
  281  surveillance purposes.
  282         3. To the extent practicable, a school bus infraction
  283  detection system must use necessary technology to ensure that
  284  personal identifying information contained in the recorded video
  285  or still images produced by the system which is not relevant to
  286  the alleged violation, including, but not limited to, the
  287  identity of the driver and any passenger of a motor vehicle, the
  288  interior or contents of a motor vehicle, the identity of an
  289  uninvolved person, a number identifying the address of a private
  290  residence, and the contents or interior of a private residence,
  291  is sufficiently obscured so as not to reveal such personal
  292  identifying information.
  293         4. A notice of a violation or uniform traffic citation
  294  issued under this section may not be dismissed solely because a
  295  recorded video or still images reveal personal identifying
  296  information as provided in subparagraph 3., as long as a
  297  reasonable effort has been made to comply with this subsection.
  298         (b) Any recorded video or still image obtained through the
  299  use of a school bus infraction detection system must be
  300  destroyed within 90 days after the final disposition of the
  301  recorded event. The vendor of a school bus infraction detection
  302  system shall provide the school district with written notice by
  303  December 31 of each year that such records have been destroyed
  304  in accordance with this section.
  305         (c) Notwithstanding any other law, registered motor vehicle
  306  owner information obtained as a result of the operation of a
  307  school bus infraction detection system is not the property of
  308  the manufacturer or vendor of the system and may be used only
  309  for the purposes of this section.
  310         (17)(a) By October 1, 2024, and annually thereafter, each
  311  school district, in consultation with the law enforcement
  312  agencies with which it has interlocal agreements pursuant to
  313  this section, operating a school bus infraction detection system
  314  shall provide a report to Department of Education which details
  315  the results of the school bus infraction detection systems in
  316  the school district in the preceding school year. The
  317  information submitted by the school districts must include:
  318         1. The number of buses which have a school bus infraction
  319  detection system installed, including the date of installation
  320  and, if applicable, the date the systems were removed.
  321         2. The number of notices of violation issued, the number
  322  that were contested, and the number that were paid per state
  323  fiscal year.
  324         3. Any other statistical data and information required by
  325  the Department of Education to complete the report required by
  326  paragraph (b).
  327         (b) By December 31, 2024, and annually thereafter, the
  328  Department of Education shall submit a summary report to the
  329  Governor, the President of the Senate, and the Speaker of the
  330  House of Representatives regarding the use and operation of
  331  school bus infraction detection systems under this section,
  332  along with the Department of Education’s recommendations on any
  333  necessary legislation. The summary report must include a review
  334  of the information submitted to the Department of Education by
  335  the school districts and must describe the enhancement of
  336  traffic safety and enforcement programs.
  337         (18) A school bus infraction detection system must meet
  338  specifications established by the State Board of Education and
  339  must be tested at regular intervals according to specifications
  340  prescribed by state board rule. The state board must establish
  341  such specifications by rule on or before December 31, 2023.
  342  However, any such equipment acquired by purchase, lease, or
  343  other arrangement under an agreement entered into by a school
  344  district on or before July 1, 2024, or equipment used to enforce
  345  violations of s. 316.172(1)(a) or (b) on or before July 1, 2024,
  346  is not required to meet the specifications established by the
  347  state board until July 1, 2024.
  348         (19)The State Board of Education may adopt rules to
  349  address student privacy concerns that may arise from the use of
  350  a school bus infraction detection system.
  351         Section 3. Subsection (2) of section 318.14, Florida
  352  Statutes, is amended to read:
  353         318.14 Noncriminal traffic infractions; exception;
  354  procedures.—
  355         (2) Except as provided in ss. 316.0083, 316.1001(2), and
  356  316.173 ss. 316.1001(2) and 316.0083, any person cited for a
  357  violation requiring a mandatory hearing listed in s. 318.19 or
  358  any other criminal traffic violation listed in chapter 316 must
  359  sign and accept a citation indicating a promise to appear. The
  360  officer may indicate on the traffic citation the time and
  361  location of the scheduled hearing and must indicate the
  362  applicable civil penalty established in s. 318.18. For all other
  363  infractions under this section, except for infractions under s.
  364  316.1001, the officer must certify by electronic, electronic
  365  facsimile, or written signature that the citation was delivered
  366  to the person cited. This certification is prima facie evidence
  367  that the person cited was served with the citation.
  368         Section 4. Subsection (5) of section 318.18, Florida
  369  Statutes, is amended to read:
  370         318.18 Amount of penalties.—The penalties required for a
  371  noncriminal disposition pursuant to s. 318.14 or a criminal
  372  offense listed in s. 318.17 are as follows:
  373         (5)(a) Two hundred dollars for a violation of s.
  374  316.172(1)(a), failure to stop for a school bus. If, at a
  375  hearing, the alleged offender is found to have committed this
  376  offense, the court must shall impose a minimum civil penalty of
  377  $200. In addition to this penalty, for a second or subsequent
  378  offense within a period of 5 years, the department shall suspend
  379  the driver license of the person for not less than 180 days and
  380  not more than 1 year.
  381         (b) Four hundred dollars for a violation of s.
  382  316.172(1)(b), passing a school bus on the side that children
  383  enter and exit when the school bus displays a stop signal. If,
  384  at a hearing, the alleged offender is found to have committed
  385  this offense, the court must shall impose a minimum civil
  386  penalty of $400. In addition to this penalty, for a second or
  387  subsequent offense within a period of 5 years, the department
  388  shall suspend the driver license of the person for not less than
  389  360 days and not more than 2 years. If a violation of s.
  390  316.172(1)(b) is enforced by a school bus infraction detection
  391  system pursuant to s. 316.173, the penalty under this paragraph
  392  is $200, in lieu of the $400 penalty, and a court must impost a
  393  minimum civil penalty under this paragraph of $200, in lieu of
  394  the $400 minimum civil penalty.
  395         (c) In addition to the penalty under paragraph (a) or
  396  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  397  If the alleged offender is found to have committed the offense,
  398  the court must shall impose the civil penalty under paragraph
  399  (a) or paragraph (b) plus an additional $65. The additional $65
  400  collected under this paragraph must shall be remitted to the
  401  Department of Revenue for deposit into the Emergency Medical
  402  Services Trust Fund of the Department of Health to be used as
  403  provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
  404  (b) is enforced by a school bus infraction detection system
  405  pursuant to s. 316.173, the fee imposed on the citation or by
  406  the court under this paragraph is $25, in lieu of the $65 fee,
  407  which must be dedicated to the safe schools allocation provided
  408  to school districts by the Department of Education pursuant to
  409  s. 1011.62(12).
  410         (d) Notwithstanding any other provision of law to the
  411  contrary, $1,500 for a violation of s. 316.172(1)(a) or (b) that
  412  causes or results in serious bodily injury to or death of
  413  another. The person may enter into a payment plan with the clerk
  414  of court pursuant to s. 28.246. In addition to this penalty, the
  415  department shall suspend the driver license of the person for
  416  not less than 1 year.
  417         Section 5. Paragraph (d) of subsection (3) of section
  418  322.27, Florida Statutes, is amended to read:
  419         322.27 Authority of department to suspend or revoke driver
  420  license or identification card.—
  421         (3) There is established a point system for evaluation of
  422  convictions of violations of motor vehicle laws or ordinances,
  423  and violations of applicable provisions of s. 403.413(6)(b) when
  424  such violations involve the use of motor vehicles, for the
  425  determination of the continuing qualification of any person to
  426  operate a motor vehicle. The department is authorized to suspend
  427  the license of any person upon showing of its records or other
  428  good and sufficient evidence that the licensee has been
  429  convicted of violation of motor vehicle laws or ordinances, or
  430  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  431  more points as determined by the point system. The suspension
  432  shall be for a period of not more than 1 year.
  433         (d) The point system is shall have as its basic element a
  434  graduated scale of points assigning relative values to
  435  convictions of the following violations:
  436         1. Reckless driving, willful and wanton—4 points.
  437         2. Leaving the scene of a crash resulting in property
  438  damage of more than $50—6 points.
  439         3. Unlawful speed, or unlawful use of a wireless
  440  communications device, resulting in a crash—6 points.
  441         4. Passing a stopped school bus:
  442         a. Not causing or resulting in serious bodily injury to or
  443  death of another—4 points.
  444         b. Causing or resulting in serious bodily injury to or
  445  death of another—6 points.
  446         c. Points may not be imposed for a violation of passing a
  447  stopped school bus when enforced by a school bus infraction
  448  detection system. In addition, a violation of s. 316.172(1)(a)
  449  or (b) when enforced by a school bus infraction detection system
  450  pursuant to s. 316.173 may not be used for purposes of setting
  451  motor vehicle insurance rates.
  452         5. Unlawful speed:
  453         a. Not in excess of 15 miles per hour of lawful or posted
  454  speed—3 points.
  455         b. In excess of 15 miles per hour of lawful or posted
  456  speed—4 points.
  457         6. A violation of a traffic control signal device as
  458  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  459  However, no points may not shall be imposed for a violation of
  460  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  461  stop at a traffic signal and when enforced by a traffic
  462  infraction enforcement officer. In addition, a violation of s.
  463  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  464  stop at a traffic signal and when enforced by a traffic
  465  infraction enforcement officer may not be used for purposes of
  466  setting motor vehicle insurance rates.
  467         7. All other moving violations (including parking on a
  468  highway outside the limits of a municipality)—3 points. However,
  469  no points may not shall be imposed for a violation of s.
  470  316.0741 or s. 316.2065(11); and points may shall be imposed for
  471  a violation of s. 316.1001 only when imposed by the court after
  472  a hearing pursuant to s. 318.14(5).
  473         8. Any moving violation covered in this paragraph,
  474  excluding unlawful speed and unlawful use of a wireless
  475  communications device, resulting in a crash—4 points.
  476         9. Any conviction under s. 403.413(6)(b)—3 points.
  477         10. Any conviction under s. 316.0775(2)—4 points.
  478         11. A moving violation covered in this paragraph which is
  479  committed in conjunction with the unlawful use of a wireless
  480  communications device within a school safety zone—2 points, in
  481  addition to the points assigned for the moving violation.
  482         Section 6. Paragraph (a) of subsection (3) of section
  483  316.306, Florida Statutes, is amended to read:
  484         316.306 School and work zones; prohibition on the use of a
  485  wireless communications device in a handheld manner.—
  486         (3)(a)1. A person may not operate a motor vehicle while
  487  using a wireless communications device in a handheld manner in a
  488  designated school crossing, school zone, or work zone area as
  489  defined in s. 316.003(110) s. 316.003(109). This subparagraph
  490  shall only be applicable to work zone areas if construction
  491  personnel are present or are operating equipment on the road or
  492  immediately adjacent to the work zone area. For the purposes of
  493  this paragraph, a motor vehicle that is stationary is not being
  494  operated and is not subject to the prohibition in this
  495  paragraph.
  496         2. Effective January 1, 2020, a law enforcement officer may
  497  stop motor vehicles and issue citations to persons who are
  498  driving while using a wireless communications device in a
  499  handheld manner in violation of subparagraph 1.
  500         Section 7. Subsection (1) of section 655.960, Florida
  501  Statutes, is amended to read:
  502         655.960 Definitions; ss. 655.960-655.965.—As used in this
  503  section and ss. 655.961-655.965, unless the context otherwise
  504  requires:
  505         (1) “Access area” means any paved walkway or sidewalk which
  506  is within 50 feet of any automated teller machine. The term does
  507  not include any street or highway open to the use of the public,
  508  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  509  including any adjacent sidewalk, as defined in s. 316.003.
  510         Section 8. Paragraph (h) is added to subsection (3) of
  511  section 1006.21, Florida Statutes, to read:
  512         1006.21 Duties of district school superintendent and
  513  district school board regarding transportation.—
  514         (3) District school boards, after considering
  515  recommendations of the district school superintendent:
  516         (h) May install and operate, or enter into an agreement
  517  with a private vendor or manufacturer to provide, a school bus
  518  infraction detection system pursuant to s. 316.173.
  519         Section 9. This act shall take effect July 1, 2023.
  520  
  521  ================= T I T L E  A M E N D M E N T ================
  522  And the title is amended as follows:
  523         Delete everything before the enacting clause
  524  and insert:
  525                        A bill to be entitled                      
  526         An act relating to enforcement of school bus passing
  527         infractions; amending s. 316.003, F.S.; defining the
  528         term “school bus infraction detection system”;
  529         creating s. 316.173, F.S.; authorizing school
  530         districts to install and operate school bus infraction
  531         detection systems for a specified purpose; authorizing
  532         school districts to contract with a vendor or
  533         manufacturer for specified purposes; requiring that
  534         the decision to install school bus infraction
  535         detection systems be in the interest of public safety;
  536         prohibiting an individual from receiving a commission
  537         from violations detected through the school bus
  538         infraction detection system; prohibiting a vendor or
  539         manufacturer from receiving a fee or remuneration
  540         based on the number of violations detected; requiring
  541         the school district to ensure that each school bus
  542         infraction detection system meets certain
  543         requirements; requiring the school district to enter
  544         into interlocal agreements with law enforcement
  545         agencies to enforce violations; providing signage
  546         requirements; prohibiting the sufficiency of signage
  547         from being raised in certain proceedings; requiring a
  548         school district that installs a school bus infraction
  549         detection system to provide certain notice to the
  550         public; requiring a school district that has never
  551         conducted a school bus infraction detection system
  552         program to conduct a public awareness campaign before
  553         commencing enforcement of such system; limiting
  554         penalties in effect during the public awareness
  555         campaign; requiring the vendor or manufacturer to
  556         submit information regarding alleged violations within
  557         a specified period of time; providing requirements for
  558         such submissions; providing notification requirements
  559         and procedures for law enforcement agencies; providing
  560         for waiver of challenge or dispute as to the delivery
  561         of notification of violation; providing for the
  562         distribution of funds; providing requirements for
  563         issuance of a traffic citation; providing for waiver
  564         of challenge or dispute as to the delivery of the
  565         traffic citation; providing notification requirements
  566         and procedures; specifying that the registered owner
  567         of a motor vehicle is responsible and liable for
  568         paying a traffic citation; providing exceptions;
  569         requiring an owner of a motor vehicle to furnish an
  570         affidavit under certain circumstances; specifying
  571         requirements for such affidavit; requiring the law
  572         enforcement agency to dismiss a notice of violation
  573         and provide proof of such dismissal under certain
  574         circumstances; requiring the law enforcement agency to
  575         notify the registered owner that the notice or
  576         citation will not be dismissed under certain
  577         circumstances; authorizing the law enforcement agency
  578         to issue a certain person a notification of violation;
  579         providing that the affidavit is admissible in a
  580         proceeding for the purpose of proving who was
  581         operating the motor vehicle at the time of the
  582         violation; providing that the owner of a leased
  583         vehicle is not responsible for paying a traffic
  584         citation or submitting an affidavit; specifying a
  585         timeframe for a law enforcement agency to issue a
  586         notification under certain circumstances; requiring
  587         certain persons to issue an affidavit; providing a
  588         criminal penalty for submitting a false affidavit;
  589         providing that certain images or video are admissible
  590         in certain proceedings; providing a rebuttable
  591         presumption; providing construction; specifying
  592         requirements of and prohibitions on the use of
  593         recorded video and images captured by the school bus
  594         infraction detection system; requiring school
  595         districts to submit a report to the Department of
  596         Education; specifying requirements for such report;
  597         requiring the department to submit a summary report to
  598         the Governor and Legislature; requiring school bus
  599         infraction detection systems to meet the State Board
  600         of Education specifications; requiring the state board
  601         to establish certain specifications through rule by a
  602         specified date; authorizing the state board to adopt
  603         rules regarding student privacy; amending s. 318.14,
  604         F.S.; conforming provisions to changes made by the
  605         act; amending s. 318.18, F.S.; providing exceptions to
  606         penalties for violations enforced by a school bus
  607         infraction detection system; amending s. 322.27, F.S.;
  608         prohibiting points from being imposed against a driver
  609         license for certain infractions enforced by a school
  610         bus infraction detection system; prohibiting such
  611         infractions from being used to set motor vehicle
  612         insurance rates; amending ss. 316.306, 655.960, and
  613         1006.21, F.S.; conforming cross-references and
  614         provisions to changes made by the act; providing an
  615         effective date.