Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 766
       
       
       
       
       
       
                                Ì421886LÎ421886                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
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       The Committee on Fiscal Policy (Burgess) recommended the
       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 134 - 538
    5  and insert:
    6         (c)The school district must ensure that each school bus
    7  infraction detection system meets the requirements of subsection
    8  (18).
    9         (d)The school district must enter into an interlocal
   10  agreement with one or more law enforcement agencies authorized
   11  to enforce violations of s. 316.172(1)(a) and (b) within the
   12  school district which jointly establishes the responsibilities
   13  of enforcement and the reimbursement of costs associated with
   14  school bus infraction detection systems consistent with this
   15  section.
   16         (2)(a)The school district must post high-visibility
   17  reflective signage on the rear of each school bus in which a
   18  school bus infraction detection system is installed and
   19  operational which indicates the use of such system. The signage
   20  must be in the form of one or more signs or stickers and must
   21  contain the following elements in substantially the following
   22  form:
   23         1.The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
   24  WHEN RED LIGHTS FLASH.”
   25         2.The words “CAMERA ENFORCED.”
   26         3.A graphic depiction of a camera.
   27         (b)The signage must occupy at least 75 percent of the
   28  available space that does not contain signs or insignia that are
   29  required by other applicable law or by the State Board of
   30  Education.
   31         (c)The sufficiency of signage or compliance with the
   32  signage requirements under this subsection may not be raised in
   33  a proceeding challenging a violation of s. 316.172(1)(a) or (b).
   34         (3)If a school district that has never conducted a school
   35  bus infraction detection system program begins such a program,
   36  the school district must make a public announcement and conduct
   37  a public awareness campaign of the proposed use of school bus
   38  infraction detection systems at least 30 days before commencing
   39  enforcement under the school bus infraction detection system
   40  program and notify the public of the specific date on which the
   41  program will commence. During the 30-day public awareness
   42  campaign, only a warning may be issued to the registered owner
   43  of a motor vehicle for a violation of s. 316.172(1)(a) or (b)
   44  enforced by a school bus infraction detection system, and a
   45  civil penalty may not be imposed under chapter 318.
   46         (4)Within 30 days after an alleged violation of s.
   47  316.172(1)(a) or (b) is recorded by a school bus infraction
   48  detection system, the school district or the private vendor or
   49  manufacturer under paragraph (1)(b) must submit the following
   50  information to a law enforcement agency that has entered into an
   51  interlocal agreement with the school district pursuant to
   52  paragraph (1)(d) and has traffic infraction enforcement
   53  jurisdiction at the location where the alleged violation
   54  occurred:
   55         (a)A copy of the recorded video and images showing the
   56  motor vehicle allegedly violating s. 316.172(1)(a) or (b).
   57         (b)The motor vehicle’s license plate number and the state
   58  of issuance of the motor vehicle’s license plate.
   59         (c)The date, time, and location of the alleged violation.
   60         (5)Within 30 days after receiving the information required
   61  in subsection (4), the law enforcement agency, if it determines
   62  that the motor vehicle violated s. 316.172(1)(a) or (b), must
   63  send notice of violation to the registered owner of the motor
   64  vehicle involved in the violation specifying the remedies
   65  available under s. 318.14 and that the violator must pay the
   66  penalty under s. 318.18(5) or furnish an affidavit in accordance
   67  with subsection (10) within 30 days after the notice of
   68  violation is sent in order to avoid court fees, costs, and the
   69  issuance of a uniform traffic citation. The notice of violation
   70  must be sent by first-class mail and include all of the
   71  following:
   72         (a)A copy of one or more recorded images showing the motor
   73  vehicle involved in the violation, including an image showing
   74  the license plate of the motor vehicle.
   75         (b)The date, time, and location of the violation.
   76         (c)The amount of the civil penalty, the date by which the
   77  civil penalty must be paid, and instructions on how to pay the
   78  civil penalty.
   79         (d)Instructions on how to request a hearing to contest
   80  liability or the notice of violation.
   81         (e)A notice that the owner has the right to review, in
   82  person or remotely, the video and images recorded by the school
   83  bus infraction detection system which constitute a rebuttable
   84  presumption that the motor vehicle was used in violation of s.
   85  316.172(1)(a) or (b).
   86         (f)The time when, and the place or website at which, the
   87  recorded video and images may be examined and observed.
   88         (g)A warning that failure to pay the civil penalty or to
   89  contest liability within 30 days after the notice is sent will
   90  result in the issuance of a uniform traffic citation.
   91         (6)If the registered owner or co-owner of the motor
   92  vehicle; the person identified as having care, custody, or
   93  control of the motor vehicle at the time of the violation; or an
   94  authorized representative of the owner, co-owner, or identified
   95  person initiates a proceeding to challenge the violation, such
   96  person waives any challenge or dispute as to the delivery of the
   97  notice of violation.
   98         (7)The civil penalties assessed and collected for a
   99  violation of s. 316.172(1)(a) or (b) enforced by a school bus
  100  infraction detection system must be remitted to the school
  101  district in which the violation occurred. Such civil penalties
  102  must be used for the installation or maintenance of school bus
  103  infraction detection systems on school buses, for any other
  104  technology that increases the safety of the transportation of
  105  students, or for the administration and costs associated with
  106  the enforcement of violations as described in this section.
  107         (8)A uniform traffic citation must be issued by mailing
  108  the uniform traffic citation by certified mail to the address of
  109  the registered owner of the motor vehicle involved in the
  110  violation if payment has not been made within 30 days after
  111  notification under subsection (5) and if the registered owner
  112  has not submitted an affidavit in accordance with subsection
  113  (10).
  114         (a)Delivery of the uniform traffic citation constitutes
  115  notification of a violation under this subsection. If the
  116  registered owner or co-owner of the motor vehicle; the person
  117  identified as having care, custody, or control of the motor
  118  vehicle at the time of the violation; or a duly authorized
  119  representative of the owner, co-owner, or identified person
  120  initiates a proceeding to challenge the citation, such person
  121  waives any challenge or dispute as to the delivery of the
  122  uniform traffic citation.
  123         (b)In the case of joint ownership of a motor vehicle, the
  124  uniform traffic citation must be mailed to the first name
  125  appearing on the motor vehicle registration, unless the first
  126  name appearing on the registration is a business organization,
  127  in which case the second name appearing on the registration may
  128  be used.
  129         (c)The uniform traffic citation mailed to the registered
  130  owner of the motor vehicle involved in the violation must be
  131  accompanied by information described in paragraphs (5)(a)-(f).
  132         (9)The registered owner of the motor vehicle involved in
  133  the violation is responsible and liable for paying the uniform
  134  traffic citation issued for a violation of s. 316.172(1)(a) or
  135  (b) unless the owner can establish that:
  136         (a)The motor vehicle was, at the time of the violation, in
  137  the care, custody, or control of another person;
  138         (b)A uniform traffic citation was issued by a law
  139  enforcement officer to the driver of the motor vehicle for the
  140  alleged violation of s. 316.172(1)(a) or (b); or
  141         (c)The motor vehicle’s owner was deceased on or before the
  142  date of the alleged violation, as established by an affidavit
  143  submitted by the representative of the motor vehicle owner’s
  144  estate or other identified person or family member.
  145         (10)To establish such facts under subsection (9), the
  146  registered owner of the motor vehicle must, within 30 days after
  147  the date of issuance of the notice of violation or the uniform
  148  traffic citation, furnish to the law enforcement agency that
  149  issued the notice of violation or uniform traffic citation an
  150  affidavit setting forth information supporting an exception
  151  under subsection (9).
  152         (a)An affidavit supporting the exception under paragraph
  153  (9)(a) must include the name, address, date of birth, and, if
  154  known, the driver license number of the person who leased,
  155  rented, or otherwise had care, custody, or control of the motor
  156  vehicle at the time of the alleged violation. If the motor
  157  vehicle was stolen at the time of the alleged violation, the
  158  affidavit must include the police report indicating that the
  159  motor vehicle was stolen.
  160         (b)If a uniform traffic citation for a violation of s.
  161  316.172(1)(a) or (b) was issued at the location of the violation
  162  by a law enforcement officer, the affidavit must include the
  163  serial number of the uniform traffic citation.
  164         (c)If the motor vehicle’s owner to whom a notice of
  165  violation or a uniform traffic citation has been issued is
  166  deceased, the affidavit must include a certified copy of the
  167  owner’s death certificate showing that the date of death
  168  occurred on or before the date of the alleged violation and one
  169  of the following:
  170         1.A bill of sale or other document showing that the
  171  deceased owner’s motor vehicle was sold or transferred after his
  172  or her death but on or before the date of the alleged violation.
  173         2.Documented proof that the registered license plate
  174  belonging to the deceased owner’s motor vehicle was returned to
  175  the department or any branch office or authorized agent of the
  176  department after his or her death but on or before the date of
  177  the alleged violation.
  178         3.A copy of the police report showing that the deceased
  179  owner’s registered license plate or motor vehicle was stolen
  180  after his or her death but on or before the date of the alleged
  181  violation.
  182  
  183  Upon receipt of the affidavit and documentation required under
  184  paragraphs (b) and (c), or 30 days after the date of issuance of
  185  a notice of violation sent to a person identified as having
  186  care, custody, or control of the motor vehicle at the time of
  187  the violation under paragraph (a), the law enforcement agency
  188  must dismiss the notice or citation and provide proof of such
  189  dismissal to the person who submitted the affidavit. If, within
  190  30 days after the date of a notice of violation sent to a person
  191  under subsection (11), the law enforcement agency receives an
  192  affidavit under subsection (12) from the person who was sent a
  193  notice of violation affirming that the person did not have care,
  194  custody, or control of the motor vehicle at the time of the
  195  violation, the law enforcement agency must notify the registered
  196  owner that the notice or citation will not be dismissed due to
  197  failure to establish that another person had care, custody, or
  198  control of the motor vehicle at the time of the violation.
  199         (11)Upon receipt of an affidavit under paragraph (9)(a),
  200  the law enforcement agency may issue the person identified as
  201  having care, custody, or control of the motor vehicle at the
  202  time of the violation a notice of violation pursuant to
  203  subsection (5) for a violation of s. 316.172(1)(a) or (b). The
  204  affidavit is admissible in a proceeding pursuant to this section
  205  for the purpose of providing evidence that the person identified
  206  in the affidavit was in actual care, custody, or control of the
  207  motor vehicle. The owner of a leased motor vehicle for which a
  208  uniform traffic citation is issued for a violation of s.
  209  316.172(1)(a) or (b) is not responsible for paying the uniform
  210  traffic citation and is not required to submit an affidavit as
  211  specified in subsection (10) if the motor vehicle involved in
  212  the violation is registered in the name of the lessee of such
  213  motor vehicle.
  214         (12)If a law enforcement agency receives an affidavit
  215  under paragraph (9)(a), the notice of violation required under
  216  subsection (5) must be sent to the person identified in the
  217  affidavit within 30 days after receipt of the affidavit. The
  218  person identified in an affidavit and sent a notice of violation
  219  may also affirm he or she did not have care, custody, or control
  220  of the motor vehicle at the time of the violation by furnishing
  221  to the appropriate law enforcement agency within 30 days after
  222  the date of the notice of violation an affidavit stating such.
  223         (13)The submission of a false affidavit is a misdemeanor
  224  of the second degree, punishable as provided in s. 775.082 or s.
  225  775.083.
  226         (14)The video and images recorded by a school bus
  227  infraction detection system which are attached to or referenced
  228  in the uniform traffic citation are evidence of a violation of
  229  s. 316.172(1)(a) or (b) and are admissible in any proceeding to
  230  enforce this section. The recorded video and images raise a
  231  rebuttable presumption that the motor vehicle shown in the
  232  recorded video and images was used in violation of s.
  233  316.172(1)(a) or (b).
  234         (15)This section supplements the enforcement of s.
  235  316.172(1)(a) and (b) by a law enforcement officer and does not
  236  prohibit a law enforcement officer from issuing a uniform
  237  traffic citation for a violation of s. 316.172(1)(a) or (b).
  238         (16)(a)1.Notwithstanding any other law, equipment deployed
  239  as part of a school bus infraction detection system as provided
  240  under this section may not be capable of automated or user
  241  controlled remote surveillance.
  242         2.Video and images recorded as part of the school bus
  243  infraction detection system may only be used to document
  244  violations of s. 316.172(1)(a) and (b) and may not be used for
  245  any other surveillance purposes.
  246         3.To the extent practicable, a school bus infraction
  247  detection system must use necessary technology to ensure that
  248  personal identifying information contained in the video or still
  249  images recorded by the system which is not relevant to the
  250  alleged violation, including, but not limited to, the identity
  251  of the driver and any passenger of a motor vehicle, the interior
  252  or contents of a motor vehicle, the identity of an uninvolved
  253  person, a number identifying the address of a private residence,
  254  and the contents or interior of a private residence, is
  255  sufficiently obscured so as not to reveal such personal
  256  identifying information.
  257         4.A notice of a violation or uniform traffic citation
  258  issued under this section may not be dismissed solely because a
  259  recorded video or still images reveal personal identifying
  260  information as provided in subparagraph 3. as long as a
  261  reasonable effort has been made to comply with this subsection.
  262         (b)Any recorded video or still image obtained through the
  263  use of a school bus infraction detection system must be
  264  destroyed within 90 days after the final disposition of the
  265  recorded event. The vendor of the school bus infraction
  266  detection system must provide the school district with written
  267  notice by December 31 of each year that such records have been
  268  destroyed in accordance with this section.
  269         (c)Notwithstanding any other law, registered motor vehicle
  270  owner information obtained as a result of the operation of a
  271  school bus infraction detection system is not the property of
  272  the manufacturer or vendor of the system and may be used only
  273  for the purposes of this section.
  274         (17)(a)By October 1, 2023, and quarterly thereafter, each
  275  school district, in consultation with the law enforcement
  276  agencies with which it has interlocal agreements pursuant to
  277  this section, operating a school bus infraction detection system
  278  must submit a report to the department which details the results
  279  of the school bus infraction detection systems in the school
  280  district in the preceding quarter. The information from the
  281  school districts must be submitted in a form and manner
  282  determined by the department, which the department must make
  283  available to the school districts by August 1, 2023, and must
  284  include at least the following:
  285         1.The number of school buses that have a school bus
  286  infraction detection system installed, including the date of
  287  installation and, if applicable, the date the systems were
  288  removed.
  289         2.The number of notices of violations issued, the number
  290  that were contested, the number that were upheld, the number
  291  that were dismissed, the number that were issued as uniform
  292  traffic citations, and the number that were paid.
  293         3.Data for each infraction to determine locations in need
  294  of safety improvements. Such data must include, but is not
  295  limited to, global positioning system coordinates of the
  296  infraction, the date and time of the infraction, and the name of
  297  the school that the school bus was transporting students to or
  298  from.
  299         4.Any other statistical data and information required by
  300  the department to complete the report required by paragraph (c).
  301         (b)Each school district that operates a school bus
  302  infraction detection system is responsible for and must maintain
  303  its respective data for reporting purposes under this subsection
  304  for at least 2 years after such data is reported to the
  305  department.
  306         (c)On or before December 31, 2024, and annually
  307  thereafter, the department shall submit a summary report to the
  308  Governor, the President of the Senate, and the Speaker of the
  309  House of Representatives regarding the use and operation of
  310  school bus infraction detection systems under this section,
  311  along with the department’s recommendations and any recommended
  312  legislation. The summary report must include a review of the
  313  information submitted to the department by the school districts
  314  and must describe the enhancement of traffic safety and
  315  enforcement programs.
  316         (18)A school bus infraction detection system must meet
  317  specifications established by the State Board of Education and
  318  must be tested at regular intervals according to specifications
  319  prescribed by state board rule. The state board must establish
  320  such specifications by rule on or before December 31, 2023.
  321  However, any such equipment acquired by purchase, lease, or
  322  other arrangement under an agreement entered into by a school
  323  district on or before December 31, 2023, is not required to meet
  324  the specifications established by the state board until July 1,
  325  2024.
  326         (19)The State Board of Education may adopt rules to
  327  address student privacy concerns that may arise from the use of
  328  a school bus infraction detection system.
  329         Section 3. Subsection (2) of section 318.14, Florida
  330  Statutes, is amended to read:
  331         318.14 Noncriminal traffic infractions; exception;
  332  procedures.—
  333         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  334  and 316.173, any person cited for a violation requiring a
  335  mandatory hearing listed in s. 318.19 or any other criminal
  336  traffic violation listed in chapter 316 must sign and accept a
  337  citation indicating a promise to appear. The officer may
  338  indicate on the traffic citation the time and location of the
  339  scheduled hearing and must indicate the applicable civil penalty
  340  established in s. 318.18. For all other infractions under this
  341  section, except for infractions under s. 316.1001, the officer
  342  must certify by electronic, electronic facsimile, or written
  343  signature that the citation was delivered to the person cited.
  344  This certification is prima facie evidence that the person cited
  345  was served with the citation.
  346         Section 4. Paragraphs (b) and (c) of subsection (5) of
  347  section 318.18, Florida Statutes, are amended, and paragraph (e)
  348  is added to that subsection, to read:
  349         318.18 Amount of penalties.—The penalties required for a
  350  noncriminal disposition pursuant to s. 318.14 or a criminal
  351  offense listed in s. 318.17 are as follows:
  352         (5)
  353         (b)1. Four hundred dollars for a violation of s.
  354  316.172(1)(b), passing a school bus on the side that children
  355  enter and exit when the school bus displays a stop signal. If,
  356  at a hearing, the alleged offender is found to have committed
  357  this offense, the court shall impose a minimum civil penalty of
  358  $400.
  359         2.If a violation of s. 316.172(1)(b) is enforced by a
  360  school bus infraction detection system pursuant to s. 316.173,
  361  the penalty under this paragraph is $200. If, at a hearing, the
  362  alleged offender is found to have committed this offense, the
  363  court must impose a minimum civil penalty of $200.
  364         3. In addition to this penalty, for a second or subsequent
  365  offense within a period of 5 years, the department shall suspend
  366  the driver license of the person for not less than 360 days and
  367  not more than 2 years.
  368         (c) In addition to the penalty under paragraph (a) or
  369  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  370  If the alleged offender is found to have committed the offense,
  371  the court shall impose the civil penalty under paragraph (a) or
  372  paragraph (b) plus an additional $65. The additional $65
  373  collected under this paragraph shall be remitted to the
  374  Department of Revenue for deposit into the Emergency Medical
  375  Services Trust Fund of the Department of Health to be used as
  376  provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
  377  (b) is enforced by a school bus infraction detection system
  378  pursuant to s. 316.173, the additional amount imposed on the
  379  uniform traffic citation or by the court under this paragraph
  380  must be $25, in lieu of the additional $65, and must be
  381  dedicated to the safe schools allocation provided to school
  382  districts by the Department of Education pursuant to s.
  383  1011.62(12).
  384         (e)If a person who is mailed a uniform traffic citation
  385  for a violation of s. 316.172(1)(a) or (b), as enforced by a
  386  school bus infraction detection system under s. 316.173,
  387  presents documentation from the appropriate law enforcement
  388  agency that the traffic citation was in error, the clerk of
  389  court may dismiss the case. The clerk of court may not charge
  390  for this service.
  391         Section 5. Paragraph (d) of subsection (3) of section
  392  322.27, Florida Statutes, is amended to read:
  393         322.27 Authority of department to suspend or revoke driver
  394  license or identification card.—
  395         (3) There is established a point system for evaluation of
  396  convictions of violations of motor vehicle laws or ordinances,
  397  and violations of applicable provisions of s. 403.413(6)(b) when
  398  such violations involve the use of motor vehicles, for the
  399  determination of the continuing qualification of any person to
  400  operate a motor vehicle. The department is authorized to suspend
  401  the license of any person upon showing of its records or other
  402  good and sufficient evidence that the licensee has been
  403  convicted of violation of motor vehicle laws or ordinances, or
  404  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  405  more points as determined by the point system. The suspension
  406  shall be for a period of not more than 1 year.
  407         (d) The point system shall have as its basic element a
  408  graduated scale of points assigning relative values to
  409  convictions of the following violations:
  410         1. Reckless driving, willful and wanton—4 points.
  411         2. Leaving the scene of a crash resulting in property
  412  damage of more than $50—6 points.
  413         3. Unlawful speed, or unlawful use of a wireless
  414  communications device, resulting in a crash—6 points.
  415         4. Passing a stopped school bus:
  416         a. Not causing or resulting in serious bodily injury to or
  417  death of another—4 points.
  418         b. Causing or resulting in serious bodily injury to or
  419  death of another—6 points.
  420         c.Points may not be imposed for a violation of passing a
  421  stopped school bus as provided in s. 316.172(1)(a) or (b) when
  422  enforced by a school bus infraction detection system pursuant s.
  423  316.173. In addition, a violation of s. 316.172(1)(a)
  424  
  425  ================= T I T L E  A M E N D M E N T ================
  426  And the title is amended as follows:
  427         Delete lines 35 - 83
  428  and insert:
  429         for challenges or disputes as to the delivery of a
  430         notice of violation; providing for the distribution
  431         and use of funds; providing requirements for issuance
  432         of a uniform traffic citation; providing for waiver of
  433         challenge or dispute as to the delivery of the uniform
  434         traffic citation; providing notification requirements
  435         and procedures; specifying that the registered owner
  436         of a motor vehicle is responsible and liable for
  437         paying a uniform traffic citation; providing
  438         exceptions; requiring the registered owner of a motor
  439         vehicle to furnish an affidavit under certain
  440         circumstances; specifying requirements for such
  441         affidavit; requiring the law enforcement agency to
  442         dismiss a notice of violation and provide proof of
  443         such dismissal under certain circumstances; requiring
  444         the law enforcement agency to notify the registered
  445         owner that the notice or citation will not be
  446         dismissed under certain circumstances; authorizing the
  447         law enforcement agency to issue a certain person a
  448         notification of violation; providing that the
  449         affidavit is admissible in a proceeding for the
  450         purpose of proving who was operating the motor vehicle
  451         at the time of the violation; providing that the owner
  452         of a leased vehicle is not responsible for paying a
  453         traffic citation or submitting an affidavit;
  454         specifying a timeframe for a law enforcement agency to
  455         issue a notification under certain circumstances;
  456         providing a criminal penalty for submitting a false
  457         affidavit; providing that certain recorded video and
  458         images are admissible in certain proceedings;
  459         providing a rebuttable presumption; providing
  460         construction; specifying requirements of and
  461         prohibitions on the use of video and images recorded
  462         by the school bus infraction detection system;
  463         requiring school districts to submit a quarterly
  464         report to the Department of Highway Safety and Motor
  465         Vehicles; requiring each school district to maintain
  466         certain data for a specified time; requiring the
  467         department to submit an annual summary report to the
  468         Governor and Legislature; requiring school bus
  469         infraction detection systems to meet State Board of
  470         Education specifications; requiring the state board to
  471         establish certain specifications by rule by a
  472         specified date; providing that certain equipment does
  473         not have to meet the state board specifications;
  474         authorizing the state board to adopt rules regarding
  475         student privacy; amending s. 318.14, F.S.; conforming
  476         provisions to changes made by the act; amending s.
  477         318.18, F.S.; providing civil penalties for school bus
  478         passing violations enforced by a school bus infraction
  479         detection system; providing for distribution of a
  480         certain portion thereof; providing conditions under
  481         which a case may be dismissed; amending s. 322.27,
  482         F.S.;