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.;