Florida Senate - 2023 CS for SB 766
By the Committee on Transportation; and Senator Burgess
596-03500A-23 2023766c1
1 A bill to be entitled
2 An act relating to enforcement of school bus passing
3 infractions; amending s. 316.003, F.S.; defining the
4 term “school bus infraction detection system”;
5 creating s. 316.173, F.S.; authorizing school
6 districts to install and operate school bus infraction
7 detection systems for a specified purpose; authorizing
8 school districts to contract with a vendor or
9 manufacturer for specified purposes; requiring that
10 the decision to install school bus infraction
11 detection systems be in the interest of public safety;
12 prohibiting an individual from receiving a commission
13 from violations detected through the school bus
14 infraction detection system; prohibiting a vendor or
15 manufacturer from receiving a fee or remuneration
16 based on the number of violations detected; requiring
17 the school district to ensure that each school bus
18 infraction detection system meets certain
19 requirements; requiring the school district to enter
20 into interlocal agreements with law enforcement
21 agencies to enforce violations; providing signage
22 requirements; prohibiting the sufficiency of signage
23 from being raised in certain proceedings; requiring a
24 school district that installs a school bus infraction
25 detection system to provide certain notice to the
26 public; requiring a school district that has never
27 conducted a school bus infraction detection system
28 program to conduct a public awareness campaign before
29 commencing enforcement of such system; limiting
30 penalties in effect during the public awareness
31 campaign; requiring the vendor or manufacturer to
32 submit information regarding alleged violations within
33 a specified period of time; providing requirements for
34 such submissions; providing notification requirements
35 and procedures for law enforcement agencies; providing
36 for waiver of challenge or dispute as to the delivery
37 of notification of violation; providing for the
38 distribution of funds; providing requirements for
39 issuance of a traffic citation; providing for waiver
40 of challenge or dispute as to the delivery of the
41 traffic citation; providing notification requirements
42 and procedures; specifying that the registered owner
43 of a motor vehicle is responsible and liable for
44 paying a traffic citation; providing exceptions;
45 requiring an owner of a motor vehicle to furnish an
46 affidavit under certain circumstances; specifying
47 requirements for such affidavit; requiring the law
48 enforcement agency to dismiss a notice of violation
49 and provide proof of such dismissal under certain
50 circumstances; requiring the law enforcement agency to
51 notify the registered owner that the notice or
52 citation will not be dismissed under certain
53 circumstances; authorizing the law enforcement agency
54 to issue a certain person a notification of violation;
55 providing that the affidavit is admissible in a
56 proceeding for the purpose of proving who was
57 operating the motor vehicle at the time of the
58 violation; providing that the owner of a leased
59 vehicle is not responsible for paying a traffic
60 citation or submitting an affidavit; specifying a
61 timeframe for a law enforcement agency to issue a
62 notification under certain circumstances; requiring
63 certain persons to issue an affidavit; providing a
64 criminal penalty for submitting a false affidavit;
65 providing that certain images or video are admissible
66 in certain proceedings; providing a rebuttable
67 presumption; providing construction; specifying
68 requirements of and prohibitions on the use of
69 recorded video and images captured by the school bus
70 infraction detection system; requiring school
71 districts to submit a report to the Department of
72 Education; specifying requirements for such report;
73 requiring the department to submit a summary report to
74 the Governor and Legislature; requiring school bus
75 infraction detection systems to meet the State Board
76 of Education specifications; requiring the state board
77 to establish certain specifications through rule by a
78 specified date; authorizing the state board to adopt
79 rules regarding student privacy; amending s. 318.14,
80 F.S.; conforming provisions to changes made by the
81 act; amending s. 318.18, F.S.; providing exceptions to
82 penalties for violations enforced by a school bus
83 infraction detection system; amending s. 322.27, F.S.;
84 prohibiting points from being imposed against a driver
85 license for certain infractions enforced by a school
86 bus infraction detection system; prohibiting such
87 infractions from being used to set motor vehicle
88 insurance rates; amending ss. 316.306, 655.960, and
89 1006.21, F.S.; conforming cross-references and
90 provisions to changes made by the act; providing an
91 effective date.
92
93 Be It Enacted by the Legislature of the State of Florida:
94
95 Section 1. Present subsections (78) through (109) of section
96 316.003, Florida Statutes, are redesignated as subsections (79)
97 through (110), respectively, a new subsection (78) is added to
98 that section, and subsection (64) of that section is amended, to
99 read:
100 316.003 Definitions.—The following words and phrases, when
101 used in this chapter, shall have the meanings respectively
102 ascribed to them in this section, except where the context
103 otherwise requires:
104 (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
105 in paragraph (88)(b) (87)(b), any privately owned way or place
106 used for vehicular travel by the owner and those having express
107 or implied permission from the owner, but not by other persons.
108 (78) SCHOOL BUS INFRACTION DETECTION SYSTEM.-A camera
109 system affixed to a school bus with two or more camera sensors
110 or computers that produce a recorded video and two or more film
111 or digital photographic still images for the purpose of
112 documenting a motor vehicle being used or operated in a manner
113 that allegedly violates s. 316.172(1)(a) or (b).
114 Section 2. Section 316.173, Florida Statutes, is created to
115 read:
116 316.173 School bus infraction detection systems.—
117 (1)(a) A school district may install and operate a school
118 bus infraction detection system on a school bus for the purpose
119 of enforcing s. 316.172(1)(a) and (b) as provided in and
120 consistent with this section.
121 (b) The school district may contract with a private vendor
122 or manufacturer to install a school bus infraction detection
123 system on any school bus within its fleet, whether owned,
124 contracted, or leased, and for services including, but not
125 limited to, the installation, operation, and maintenance of the
126 system. The school district’s decision to install school bus
127 infraction detection systems must be based solely on the need to
128 increase public safety. An individual may not receive a
129 commission from any revenue collected from violations detected
130 through the use of a school bus infraction detection system. A
131 private vendor or manufacturer may not receive a fee or
132 remuneration based upon the number of violations detected
133 through the use of a school bus infraction detection system.
134 (c) The school district shall ensure that each school bus
135 infraction detection system meets the requirements of subsection
136 (18).
137 (d) The school district shall enter into an interlocal
138 agreement with one or more law enforcement agencies authorized
139 to enforce violations of s. 316.172(1)(a) and (b) within the
140 school district which jointly establishes the responsibilities
141 of enforcement and the reimbursement of costs associated with
142 school bus infraction detection systems, consistent with this
143 section.
144 (2)(a) On any school bus in which a school bus infraction
145 detection system is installed and operational, the school
146 district must post high-visibility reflective signage on the
147 rear of the school bus which indicates the use of such system.
148 The signage must be in the form of one or more signs or stickers
149 and must contain the following elements in substantially the
150 following form:
151 1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
152 WHEN RED LIGHTS FLASH.”
153 2. The words “CAMERA ENFORCED.”
154 3. A graphic symbol of a camera.
155 (b) The signage must occupy at least 75 percent of the
156 available space that does not contain signs or insignia that are
157 required by other applicable laws or by the State Board of
158 Education.
159 (c) The sufficiency of signage or compliance with the
160 signage requirements under this subsection may not be raised in
161 a proceeding challenging a violation of s. 316.172(1)(a) or (b).
162 (3) If a school district begins a school bus infraction
163 detection system program and has never conducted such a program,
164 the school district must make a public announcement and conduct
165 a public awareness campaign of the proposed use of school bus
166 infraction detection systems at least 30 days before commencing
167 enforcement under the school bus infraction detection system
168 program and notify the public of the specific date on which the
169 program will commence. During the public awareness campaign,
170 only a warning may be issued to the registered owner of the
171 motor vehicle for a violation of s. 316.172(1)(a) or (b),
172 enforced by a school bus infraction detection system, and a
173 civil penalty may not be imposed under chapter 318.
174 (4) Within 30 days after an alleged violation of s.
175 316.172(1)(a) or (b) is captured by a school bus infraction
176 detection system, the private vendor or manufacturer shall
177 submit the following information to a law enforcement agency
178 that has entered into an interlocal agreement with the school
179 district pursuant to paragraph (1)(d) and has traffic infraction
180 enforcement jurisdiction at the location where the alleged
181 violation occurred:
182 (a) A copy of the recorded video and images showing the
183 motor vehicle allegedly violating s. 316.172(1)(a) or (b).
184 (b) The motor vehicle’s license plate number and the state
185 of issuance of the motor vehicle’s license plate.
186 (c) The date, time, and location of the alleged violation.
187 (5) Within 30 days after receiving the information required
188 in subsection (4), the law enforcement agency, if it determines
189 that the motor vehicle violated s. 316.172(1)(a) or (b), must
190 send a notice of violation to the registered owner of the motor
191 vehicle involved in the violation, specifying the remedies
192 available under s. 318.14 and that the violator must pay the
193 penalty under s. 318.18(5) or furnish an affidavit in accordance
194 with subsection (10) within 30 days after the date of the
195 notification of violation in order to avoid court fees, costs,
196 and the issuance of a uniform traffic citation. The notification
197 of violation must be sent by first-class mail and include all of
198 the following:
199 (a) A copy of the recorded image showing the motor vehicle
200 involved in the violation, including an image showing the
201 license plate of the motor vehicle.
202 (b) The date, time, and location of the violation.
203 (c) The amount of civil penalty, the date by which the
204 penalty must be paid, and instructions on how to pay the civil
205 penalty.
206 (d) Instructions on how to request a hearing to contest
207 liability or the notice of violation.
208 (e) A notice that the owner has the right to review, in
209 person or remotely, the images and video captured by the school
210 bus infraction detection system which constitute a rebuttable
211 presumption that the motor vehicle was used in violation of s.
212 316.172(a) or (b).
213 (f) The time when, and the place or website at which, the
214 images or video captured may be examined and observed.
215 (g) A warning that failure to pay the civil penalty or to
216 contest liability within 30 days after the notice is mailed will
217 result in the issuance of a uniform traffic citation.
218 (6) If the registered owner or co-owner of the motor
219 vehicle; the person identified as having care, custody, or
220 control of the motor vehicle at the time of the violation; or an
221 authorized representative of the owner, co-owner, or identified
222 person initiates a proceeding to challenge the violation, such
223 person waives any challenge or dispute as to the delivery of the
224 notification of violation.
225 (7) The civil penalties assessed for a violation of s.
226 316.172(1)(a) or (b) enforced by a school bus infraction
227 detection system must be remitted to the school district in
228 which the violation occurred. Such civil penalties must be used
229 for the installation or maintenance of school bus infraction
230 detection systems on school buses, for any other technology that
231 increases the safety of the transportation of students, or for
232 the administration and costs associated with the enforcement of
233 violations as described in this section.
234 (8) A uniform traffic citation must be issued by mailing
235 the uniform traffic citation by certified mail to the address of
236 the registered owner of the motor vehicle involved in the
237 violation if payment has not been made within 30 days after
238 notification under subsection (5), if the registered owner has
239 not requested a hearing under s. 318.14, or if the registered
240 owner has not submitted an affidavit in accordance with
241 subsection (10).
242 (a) Delivery of the uniform traffic citation constitutes
243 notification for a violation of s. 316.172(1)(a) or (b) under
244 this subsection. If the registered owner or co-owner of the
245 motor vehicle; the person identified as having care, custody, or
246 control of the motor vehicle at the time of the violation; or a
247 duly authorized representative of the owner, co-owner, or
248 identified person initiates a proceeding to challenge the
249 citation, such person waives any challenge or dispute as to
250 delivery of the traffic citation.
251 (b) In the case of joint ownership of a motor vehicle, the
252 traffic citation must be mailed to the first name appearing on
253 the motor vehicle registration, unless the first name appearing
254 on the registration is a business or organization, in which case
255 the second name on the citation may be used.
256 (c) The uniform traffic citation mailed to the registered
257 owner of the motor vehicle involved in the infraction must be
258 accompanied by information described in paragraphs (5)(a)–(f).
259 (9) The registered owner of the motor vehicle involved in
260 the violation is responsible and liable for paying the uniform
261 traffic citation issued for a violation of s. 316.172(1)(a) or
262 (b) unless the owner can establish that:
263 (a) The motor vehicle was, at the time of the violation, in
264 the care, custody, or control of another person;
265 (b) A uniform traffic citation was issued by law
266 enforcement to the driver of the motor vehicle for the alleged
267 violation of s. 316.172(1)(a) or (b); or
268 (c) The motor vehicle’s owner was deceased on or before the
269 date that the uniform traffic citation was issued, as
270 established by an affidavit submitted by the representative of
271 the motor vehicle owner’s estate or other designated person or
272 family member.
273 (10) To establish such facts under subsection (9), the
274 registered owner of the motor vehicle shall, within 30 days
275 after the date of issuance of the notice of violation or the
276 uniform traffic citation, furnish to the law enforcement agency
277 that issued the notice of violation or uniform traffic citation
278 an affidavit setting forth information supporting an exception
279 under subsection (9).
280 (a) An affidavit supporting the exemption under paragraph
281 (9)(a) must include the name, address, date of birth, and, if
282 known, the driver license number of the person who leased,
283 rented, or otherwise had care, custody, or control of the motor
284 vehicle at the time of the alleged violation. If the motor
285 vehicle was stolen at the time of the alleged violation, the
286 affidavit must include the police report indicating that the
287 motor vehicle was stolen.
288 (b) If a uniform traffic citation for a violation of s.
289 316.172(1)(a) or (b) was issued at the location of the violation
290 by a law enforcement officer, the affidavit must include the
291 serial number of the uniform traffic citation.
292 (c) If the motor vehicle’s owner to whom a traffic citation
293 has been issued is deceased, the affidavit must include a
294 certified copy of the owner’s death certificate showing that the
295 death occurred on or before the date of the issuance of the
296 traffic citation and one of the following:
297 1. A bill of sale or other document showing that the
298 deceased owner’s motor vehicle was sold or transferred after his
299 or her death but on or before the date of the alleged violation.
300 2. Documented proof that the registered license plate
301 belonging to the deceased owner’s motor vehicle was returned to
302 the department or any branch office or authorized agent of the
303 department after his or her death but on or before the date of
304 the alleged violation.
305 3. A copy of the police report showing that the deceased
306 owner’s registered license plate or motor vehicle was stolen
307 after his or her death but on or before the date of the alleged
308 violation.
309
310 Upon receipt of the affidavit and documentation required under
311 paragraphs (b) and (c), or 30 days after the date of issuance of
312 a notice of violation sent to a person identified as having
313 care, custody, or control of the motor vehicle at the time of
314 the violation under paragraph (a), the law enforcement agency
315 must dismiss the notice or citation and provide proof of such
316 dismissal to the person who submitted the affidavit. If, within
317 30 days after the date of a notice of violation sent to a person
318 under subsection (11), the law enforcement agency receives an
319 affidavit under this subsection from the person who was sent a
320 notice of violation affirming that the person did not have care,
321 custody, or control of the motor vehicle at the time of the
322 violation, the law enforcement agency must notify the registered
323 owner that the notice or citation will not be dismissed due to
324 failure to establish that another person had care, custody, or
325 control of the motor vehicle at the time of the violation.
326 (11) Upon receipt of an affidavit under paragraph (9)(a),
327 the law enforcement agency may issue the person identified as
328 having care, custody, or control of the motor vehicle at the
329 time of the violation a notification of violation pursuant to
330 subsection (5) for a violation of s. 316.172(1)(a) or (b). The
331 affidavit is admissible in a proceeding pursuant to this section
332 for the purpose of providing evidence that the person identified
333 in the affidavit was in actual care, custody, or control of the
334 motor vehicle. The owner of a leased motor vehicle for which a
335 traffic citation is issued for a violation of s. 316.172(1)(a)
336 or (b) is not responsible for paying the traffic citation and is
337 not required to submit an affidavit as specified in subsection
338 (10) if the motor vehicle involved in the violation is
339 registered in the name of the lessee of such motor vehicle.
340 (12) If a law enforcement agency receives an affidavit
341 under paragraph (9)(a), the notification of violation required
342 under subsection (5) must be sent to the person identified in
343 the affidavit within 30 days after receipt of the affidavit. The
344 person identified in an affidavit and sent a notice of violation
345 may also affirm he or she did not have care, custody, or control
346 of the motor vehicle at the time of the violation by furnishing
347 to the appropriate governmental entity within 30 days after the
348 date of the notice of violation an affidavit stating such.
349 (13) The submission of a false affidavit is a misdemeanor
350 of the second degree, punishable as provided in s. 775.082 or s.
351 775.083.
352 (14) The images and video captured by a school bus
353 infraction detection system which are attached to or referenced
354 in the traffic citation are evidence of a violation of s.
355 316.172(1)(a) or (b) and are admissible in any proceeding to
356 enforce this section. The images and video raise a rebuttable
357 presumption that the motor vehicle shown in the images and video
358 was used in violation of s. 316.172(1)(a) or (b).
359 (15) This section supplements the enforcement of s.
360 316.172(1)(a) and (b) by a law enforcement officer and does not
361 prohibit a law enforcement officer from issuing a traffic
362 citation for a violation of s. 316.172(1)(a) or (b).
363 (16)(a)1. Notwithstanding any other law, equipment deployed
364 as part of a school bus infraction detection system as provided
365 under this section must be incapable of automated or user
366 controlled remote surveillance by means of recorded video or
367 still images.
368 2. Images collected as part of the school bus infraction
369 detection system may be used only to document violations of s.
370 316.172(1)(a) or (b) and may not be used for any other
371 surveillance purposes.
372 3. To the extent practicable, a school bus infraction
373 detection system must use necessary technology to ensure that
374 personal identifying information contained in the recorded video
375 or still images produced by the system which is not relevant to
376 the alleged violation, including, but not limited to, the
377 identity of the driver and any passenger of a motor vehicle, the
378 interior or contents of a motor vehicle, the identity of an
379 uninvolved person, a number identifying the address of a private
380 residence, and the contents or interior of a private residence,
381 is sufficiently obscured so as not to reveal such personal
382 identifying information.
383 4. A notice of a violation or uniform traffic citation
384 issued under this section may not be dismissed solely because a
385 recorded video or still images reveal personal identifying
386 information as provided in subparagraph 3., as long as a
387 reasonable effort has been made to comply with this subsection.
388 (b) Any recorded video or still image obtained through the
389 use of a school bus infraction detection system must be
390 destroyed within 90 days after the final disposition of the
391 recorded event. The vendor of a school bus infraction detection
392 system shall provide the school district with written notice by
393 December 31 of each year that such records have been destroyed
394 in accordance with this section.
395 (c) Notwithstanding any other law, registered motor vehicle
396 owner information obtained as a result of the operation of a
397 school bus infraction detection system is not the property of
398 the manufacturer or vendor of the system and may be used only
399 for the purposes of this section.
400 (17)(a) By October 1, 2024, and annually thereafter, each
401 school district, in consultation with the law enforcement
402 agencies with which it has interlocal agreements pursuant to
403 this section, operating a school bus infraction detection system
404 shall provide a report to Department of Education which details
405 the results of the school bus infraction detection systems in
406 the school district in the preceding school year. The
407 information submitted by the school districts must include:
408 1. The number of buses which have a school bus infraction
409 detection system installed, including the date of installation
410 and, if applicable, the date the systems were removed.
411 2. The number of notices of violation issued, the number
412 that were contested, and the number that were paid per state
413 fiscal year.
414 3. Any other statistical data and information required by
415 the Department of Education to complete the report required by
416 paragraph (b).
417 (b) By December 31, 2024, and annually thereafter, the
418 Department of Education shall submit a summary report to the
419 Governor, the President of the Senate, and the Speaker of the
420 House of Representatives regarding the use and operation of
421 school bus infraction detection systems under this section,
422 along with the Department of Education’s recommendations on any
423 necessary legislation. The summary report must include a review
424 of the information submitted to the Department of Education by
425 the school districts and must describe the enhancement of
426 traffic safety and enforcement programs.
427 (18) A school bus infraction detection system must meet
428 specifications established by the State Board of Education and
429 must be tested at regular intervals according to specifications
430 prescribed by state board rule. The state board must establish
431 such specifications by rule on or before December 31, 2023.
432 However, any such equipment acquired by purchase, lease, or
433 other arrangement under an agreement entered into by a school
434 district on or before July 1, 2024, or equipment used to enforce
435 violations of s. 316.172(1)(a) or (b) on or before July 1, 2024,
436 is not required to meet the specifications established by the
437 state board until July 1, 2024.
438 (19) The State Board of Education may adopt rules to
439 address student privacy concerns that may arise from the use of
440 a school bus infraction detection system.
441 Section 3. Subsection (2) of section 318.14, Florida
442 Statutes, is amended to read:
443 318.14 Noncriminal traffic infractions; exception;
444 procedures.—
445 (2) Except as provided in ss. 316.0083, 316.1001(2), and
446 316.173 ss. 316.1001(2) and 316.0083, any person cited for a
447 violation requiring a mandatory hearing listed in s. 318.19 or
448 any other criminal traffic violation listed in chapter 316 must
449 sign and accept a citation indicating a promise to appear. The
450 officer may indicate on the traffic citation the time and
451 location of the scheduled hearing and must indicate the
452 applicable civil penalty established in s. 318.18. For all other
453 infractions under this section, except for infractions under s.
454 316.1001, the officer must certify by electronic, electronic
455 facsimile, or written signature that the citation was delivered
456 to the person cited. This certification is prima facie evidence
457 that the person cited was served with the citation.
458 Section 4. Subsection (5) of section 318.18, Florida
459 Statutes, is amended to read:
460 318.18 Amount of penalties.—The penalties required for a
461 noncriminal disposition pursuant to s. 318.14 or a criminal
462 offense listed in s. 318.17 are as follows:
463 (5)(a) Two hundred dollars for a violation of s.
464 316.172(1)(a), failure to stop for a school bus. If, at a
465 hearing, the alleged offender is found to have committed this
466 offense, the court must shall impose a minimum civil penalty of
467 $200. In addition to this penalty, for a second or subsequent
468 offense within a period of 5 years, the department shall suspend
469 the driver license of the person for not less than 180 days and
470 not more than 1 year.
471 (b) Four hundred dollars for a violation of s.
472 316.172(1)(b), passing a school bus on the side that children
473 enter and exit when the school bus displays a stop signal. If,
474 at a hearing, the alleged offender is found to have committed
475 this offense, the court must shall impose a minimum civil
476 penalty of $400. In addition to this penalty, for a second or
477 subsequent offense within a period of 5 years, the department
478 shall suspend the driver license of the person for not less than
479 360 days and not more than 2 years. If a violation of s.
480 316.172(1)(b) is enforced by a school bus infraction detection
481 system pursuant to s. 316.173, the penalty under this paragraph
482 is $200, in lieu of the $400 penalty, and a court must impose a
483 minimum civil penalty under this paragraph of $200, in lieu of
484 the $400 minimum civil penalty.
485 (c) In addition to the penalty under paragraph (a) or
486 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
487 If the alleged offender is found to have committed the offense,
488 the court must shall impose the civil penalty under paragraph
489 (a) or paragraph (b) plus an additional $65. The additional $65
490 collected under this paragraph must shall be remitted to the
491 Department of Revenue for deposit into the Emergency Medical
492 Services Trust Fund of the Department of Health to be used as
493 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
494 (b) is enforced by a school bus infraction detection system
495 pursuant to s. 316.173, the fee imposed on the citation or by
496 the court under this paragraph is $25, in lieu of the $65 fee,
497 which must be dedicated to the safe schools allocation provided
498 to school districts by the Department of Education pursuant to
499 s. 1011.62(12).
500 (d) Notwithstanding any other provision of law to the
501 contrary, $1,500 for a violation of s. 316.172(1)(a) or (b) that
502 causes or results in serious bodily injury to or death of
503 another. The person may enter into a payment plan with the clerk
504 of court pursuant to s. 28.246. In addition to this penalty, the
505 department shall suspend the driver license of the person for
506 not less than 1 year.
507 Section 5. Paragraph (d) of subsection (3) of section
508 322.27, Florida Statutes, is amended to read:
509 322.27 Authority of department to suspend or revoke driver
510 license or identification card.—
511 (3) There is established a point system for evaluation of
512 convictions of violations of motor vehicle laws or ordinances,
513 and violations of applicable provisions of s. 403.413(6)(b) when
514 such violations involve the use of motor vehicles, for the
515 determination of the continuing qualification of any person to
516 operate a motor vehicle. The department is authorized to suspend
517 the license of any person upon showing of its records or other
518 good and sufficient evidence that the licensee has been
519 convicted of violation of motor vehicle laws or ordinances, or
520 applicable provisions of s. 403.413(6)(b), amounting to 12 or
521 more points as determined by the point system. The suspension
522 shall be for a period of not more than 1 year.
523 (d) The point system is shall have as its basic element a
524 graduated scale of points assigning relative values to
525 convictions of the following violations:
526 1. Reckless driving, willful and wanton—4 points.
527 2. Leaving the scene of a crash resulting in property
528 damage of more than $50—6 points.
529 3. Unlawful speed, or unlawful use of a wireless
530 communications device, resulting in a crash—6 points.
531 4. Passing a stopped school bus:
532 a. Not causing or resulting in serious bodily injury to or
533 death of another—4 points.
534 b. Causing or resulting in serious bodily injury to or
535 death of another—6 points.
536 c. Points may not be imposed for a violation of passing a
537 stopped school bus when enforced by a school bus infraction
538 detection system. In addition, a violation of s. 316.172(1)(a)
539 or (b) when enforced by a school bus infraction detection system
540 pursuant to s. 316.173 may not be used for purposes of setting
541 motor vehicle insurance rates.
542 5. Unlawful speed:
543 a. Not in excess of 15 miles per hour of lawful or posted
544 speed—3 points.
545 b. In excess of 15 miles per hour of lawful or posted
546 speed—4 points.
547 6. A violation of a traffic control signal device as
548 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
549 However, no points may not shall be imposed for a violation of
550 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
551 stop at a traffic signal and when enforced by a traffic
552 infraction enforcement officer. In addition, a violation of s.
553 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
554 stop at a traffic signal and when enforced by a traffic
555 infraction enforcement officer may not be used for purposes of
556 setting motor vehicle insurance rates.
557 7. All other moving violations (including parking on a
558 highway outside the limits of a municipality)—3 points. However,
559 no points may not shall be imposed for a violation of s.
560 316.0741 or s. 316.2065(11); and points may shall be imposed for
561 a violation of s. 316.1001 only when imposed by the court after
562 a hearing pursuant to s. 318.14(5).
563 8. Any moving violation covered in this paragraph,
564 excluding unlawful speed and unlawful use of a wireless
565 communications device, resulting in a crash—4 points.
566 9. Any conviction under s. 403.413(6)(b)—3 points.
567 10. Any conviction under s. 316.0775(2)—4 points.
568 11. A moving violation covered in this paragraph which is
569 committed in conjunction with the unlawful use of a wireless
570 communications device within a school safety zone—2 points, in
571 addition to the points assigned for the moving violation.
572 Section 6. Paragraph (a) of subsection (3) of section
573 316.306, Florida Statutes, is amended to read:
574 316.306 School and work zones; prohibition on the use of a
575 wireless communications device in a handheld manner.—
576 (3)(a)1. A person may not operate a motor vehicle while
577 using a wireless communications device in a handheld manner in a
578 designated school crossing, school zone, or work zone area as
579 defined in s. 316.003(110) s. 316.003(109). This subparagraph
580 shall only be applicable to work zone areas if construction
581 personnel are present or are operating equipment on the road or
582 immediately adjacent to the work zone area. For the purposes of
583 this paragraph, a motor vehicle that is stationary is not being
584 operated and is not subject to the prohibition in this
585 paragraph.
586 2. Effective January 1, 2020, a law enforcement officer may
587 stop motor vehicles and issue citations to persons who are
588 driving while using a wireless communications device in a
589 handheld manner in violation of subparagraph 1.
590 Section 7. Subsection (1) of section 655.960, Florida
591 Statutes, is amended to read:
592 655.960 Definitions; ss. 655.960-655.965.—As used in this
593 section and ss. 655.961-655.965, unless the context otherwise
594 requires:
595 (1) “Access area” means any paved walkway or sidewalk which
596 is within 50 feet of any automated teller machine. The term does
597 not include any street or highway open to the use of the public,
598 as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
599 including any adjacent sidewalk, as defined in s. 316.003.
600 Section 8. Paragraph (h) is added to subsection (3) of
601 section 1006.21, Florida Statutes, to read:
602 1006.21 Duties of district school superintendent and
603 district school board regarding transportation.—
604 (3) District school boards, after considering
605 recommendations of the district school superintendent:
606 (h) May install and operate, or enter into an agreement
607 with a private vendor or manufacturer to provide, a school bus
608 infraction detection system pursuant to s. 316.173.
609 Section 9. This act shall take effect July 1, 2023.