Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 766 Ì421886LÎ421886 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/26/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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),and316.0083, 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.;