Florida Senate - 2024                                    SB 1464
       By Senator Calatayud
       38-01666-24                                           20241464__
    1                        A bill to be entitled                      
    2         An act relating to traffic enforcement; creating s.
    3         316.0077, F.S.; providing that provisions exempting
    4         the purchase of commodities or contractual services
    5         from competitive bidding requirements do not apply to
    6         contracts for certain camera systems; creating s.
    7         316.0078, F.S.; prohibiting certain camera systems or
    8         components thereof constructed by a Chinese
    9         manufacturer from being used for traffic enforcement
   10         in this state; amending s. 316.0083, F.S.; requiring a
   11         county or municipality to enact an ordinance to
   12         authorize placement or installation of traffic
   13         infraction detectors; requiring the county or
   14         municipality to consider certain evidence and make a
   15         certain determination at a public hearing; requiring a
   16         county or municipality to place a specified annual
   17         report on the agenda of a regular or special meeting
   18         of its governing body; requiring approval by the
   19         governing body at a regular or special meeting before
   20         contracting or renewing a contract to place or install
   21         traffic infraction detectors; providing for public
   22         comment; prohibiting such report, contract, or
   23         contract renewal from being considered as part of a
   24         consent agenda; providing requirements for a written
   25         summary of such report; requiring counties and
   26         municipalities to report to the department that their
   27         respective annual report was considered at a certain
   28         meeting and the date of such meeting; prohibiting
   29         compliance with certain provisions from being raised
   30         in a proceeding challenging a violation; providing for
   31         suspension of a noncompliant county or municipality
   32         from operating traffic infraction detectors until such
   33         noncompliance is corrected; requiring the department
   34         to publish certain reports on its website; providing
   35         an effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. Section 316.0077, Florida Statutes, is created
   40  to read:
   41         316.0077Camera systems; competitive bidding.—The
   42  provisions of s. 287.057 which exempt the purchase of
   43  commodities or contractual services from competitive bidding
   44  requirements do not apply to contracts entered into with
   45  manufacturers or vendors of school bus infraction detection
   46  systems, speed detection systems, traffic infraction detectors,
   47  or any other camera systems used for enforcing this chapter
   48  which are regulated under s. 316.0076.
   49         Section 2. Section 316.0078, Florida Statutes, is created
   50  to read:
   51         316.0078Use of camera systems constructed by Chinese
   52  manufacturers prohibited.—A school bus infraction detection
   53  system, speed detection system, traffic infraction detector, or
   54  any other camera system used for enforcing this chapter which is
   55  regulated under s. 316.0076, or any component thereof, which is
   56  constructed by a Chinese manufacturer or a domestic or
   57  international manufacturer that uses materials imported from
   58  China may not be used for traffic enforcement in this state.
   59         Section 3. Subsection (4) of section 316.0083, Florida
   60  Statutes, is amended to read:
   61         316.0083 Mark Wandall Traffic Safety Program;
   62  administration; report.—
   63         (4)(a)1.A county or municipality shall enact an ordinance
   64  in order to authorize the placement or installation of, or to
   65  authorize contracting with a vendor for the placement or
   66  installation of, one or more traffic infraction detectors to
   67  enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the
   68  public hearing on such proposed ordinance, the county or
   69  municipality shall consider traffic data or other evidence
   70  supporting the installation and operation of each traffic
   71  infraction detector, and the county or municipality must
   72  determine that the intersection at which a traffic infraction
   73  detector is to be placed or installed constitutes a heightened
   74  safety risk that warrants additional enforcement measures.
   75         2.A county or municipality that operates one or more
   76  traffic infraction detectors shall annually report the results
   77  of all traffic infraction detectors within the county’s or
   78  municipality’s jurisdiction as a single reporting item on the
   79  agenda of a regular or special meeting of the county’s or
   80  municipality’s governing body. Before a county or municipality
   81  contracts or renews a contract to place or install one or more
   82  traffic infraction detectors, the county or municipality shall
   83  approve the contract or contract renewal at a regular or special
   84  meeting of the county’s or municipality’s governing body.
   85         a.Interested members of the public must be allowed to
   86  comment regarding the report, contract, or contract renewal
   87  under the county’s or municipality’s public comment policies or
   88  formats, and the report, contract, or contract renewal may not
   89  be considered as part of a consent agenda.
   90         b.The report required under this subparagraph must include
   91  a written summary, which must be read aloud at the regular or
   92  special meeting, and the summary must contain, for the preceding
   93  year, the number of notices of violation issued, the number that
   94  were contested, the number that were upheld, the number that
   95  were dismissed, the number that were issued as uniform traffic
   96  citations, and the number that were paid and how collected funds
   97  were distributed and in what amounts. The county or municipality
   98  shall report to the department that the county’s or
   99  municipality’s annual report was considered in accordance with
  100  this paragraph, including the date of the regular or special
  101  meeting at which the annual report was considered.
  102         3.The compliance or sufficiency of compliance with this
  103  paragraph may not be raised in a proceeding challenging a
  104  violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a
  105  traffic infraction detector.
  106         4.A county or municipality that does not comply with this
  107  paragraph is suspended from operating traffic infraction
  108  detectors under this subsection until such noncompliance is
  109  corrected.
  110         (b)(a) Each county or municipality that operates a traffic
  111  infraction detector shall submit a report by October 1, 2012,
  112  and annually thereafter, to the department which details the
  113  results of using the traffic infraction detector and the
  114  procedures for enforcement for the preceding state fiscal year.
  115  The information submitted by the counties and municipalities
  116  must include statistical data and information required by the
  117  department to complete the summary report required under
  118  paragraph (c) (b). The department must publish each report
  119  submitted by a county or municipality pursuant to this paragraph
  120  on its website.
  121         (c)(b) On or before December 31, 2012, and annually
  122  thereafter, the department shall provide a summary report to the
  123  Governor, the President of the Senate, and the Speaker of the
  124  House of Representatives regarding the use and operation of
  125  traffic infraction detectors under this section, along with the
  126  department’s recommendations and any necessary legislation. The
  127  summary report must include a review of the information
  128  submitted to the department by the counties and municipalities
  129  and must describe the enhancement of the traffic safety and
  130  enforcement programs.
  131         Section 4. This act shall take effect July 1, 2024.