Florida Senate - 2024                             CS for SB 1464
       By the Committee on Fiscal Policy; and Senator Calatayud
       594-03818-24                                          20241464c1
    1                        A bill to be entitled                      
    2         An act relating to traffic enforcement; creating s.
    3         316.0077, F.S.; prohibiting contracts awarded by
    4         certain entities outside this state from being used to
    5         procure contracts with manufacturers or vendors of
    6         camera systems used for traffic enforcement; providing
    7         applicability; creating s. 316.0078, F.S.; defining
    8         the terms “controlling interest” and “foreign country
    9         of concern”; prohibiting a governmental entity from
   10         knowingly entering into or renewing certain contracts
   11         for camera systems used for traffic enforcement;
   12         amending s. 316.0083, F.S.; requiring certain counties
   13         or municipalities to enact an ordinance to authorize
   14         placement or installation of traffic infraction
   15         detectors; requiring the county or municipality to
   16         consider certain evidence and make a certain
   17         determination at a public hearing on such ordinance;
   18         requiring a county or municipality to annually report
   19         to the department the results of all traffic
   20         infraction detectors and place a specified annual
   21         report on the agenda of a regular or special meeting
   22         of its governing body; requiring approval by the
   23         governing body at a regular or special meeting before
   24         contracting or renewing a contract to place or install
   25         traffic infraction detectors; providing for public
   26         comment; prohibiting such report, contract, or
   27         contract renewal from being considered as part of a
   28         consent agenda; providing requirements for a written
   29         summary of such report; prohibiting compliance with
   30         certain provisions from being raised in a proceeding
   31         challenging a violation; providing for suspension of a
   32         noncompliant county or municipality from operating
   33         traffic infraction detectors until such noncompliance
   34         is corrected; providing requirements for reports
   35         submitted to the department by counties and
   36         municipalities regarding use of and enforcement by
   37         traffic infraction detectors; requiring the department
   38         to publish certain reports on its website; providing
   39         an effective date.
   41  Be It Enacted by the Legislature of the State of Florida:
   43         Section 1. Section 316.0077, Florida Statutes, is created
   44  to read:
   45         316.0077Camera systems; contract procurement.—A contract
   46  awarded by a governmental entity outside this state or by a
   47  consortium or cooperative of governmental entities outside this
   48  state may not be used to procure contracts with manufacturers or
   49  vendors of school bus infraction detection systems, speed
   50  detection systems, traffic infraction detectors, or any other
   51  camera systems used for enforcing this chapter. This section
   52  applies to contracts entered into on or after July 1, 2025.
   53         Section 2. Section 316.0078, Florida Statutes, is created
   54  to read:
   55         316.0078Prohibition on contracting for camera systems of
   56  vendors of foreign countries of concern.—
   57         (1)As used in this section, the terms “controlling
   58  interest” and “foreign country of concern” have the same
   59  meanings as in s. 287.138(1).
   60         (2)On or after July 1, 2025, a governmental entity may not
   61  knowingly enter into or renew a contract with a contracting
   62  vendor of a school bus infraction detection system, speed
   63  detection system, traffic infraction detector, or any other
   64  camera system used for enforcing this chapter which is subject
   65  to s. 316.0076 if:
   66         (a)The contracting vendor is owned by the government of a
   67  foreign country of concern; or
   68         (b)The government of a foreign country of concern has a
   69  controlling interest in the contracting vendor.
   70         Section 3. Subsection (4) of section 316.0083, Florida
   71  Statutes, is amended to read:
   72         316.0083 Mark Wandall Traffic Safety Program;
   73  administration; report.—
   74         (4)(a)1.A county or municipality that desires to have one
   75  or more traffic infraction detectors placed or installed on or
   76  after July 1, 2025, in an area where no traffic infraction
   77  detectors are currently placed or installed must enact an
   78  ordinance in order to authorize the placement or installation
   79  of, or to authorize contracting with a vendor for the placement
   80  or installation of, one or more traffic infraction detectors to
   81  enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the
   82  public hearing on such proposed ordinance, the county or
   83  municipality must consider traffic data or other evidence
   84  supporting the installation and operation of each traffic
   85  infraction detector, and the county or municipality must
   86  determine whether the intersection at which a traffic infraction
   87  detector is to be placed or installed constitutes a heightened
   88  safety risk that warrants additional enforcement measures.
   89         2.A county or municipality that operates one or more
   90  traffic infraction detectors shall annually report the results
   91  of all traffic infraction detectors within the county’s or
   92  municipality’s jurisdiction by placing the annual report to the
   93  department required under paragraph (b) as a single reporting
   94  item on the agenda of a regular or special meeting of the
   95  county’s or municipality’s governing body. Before a county or
   96  municipality contracts or renews a contract to place or install
   97  one or more traffic infraction detectors, the county or
   98  municipality must approve the contract or contract renewal at a
   99  regular or special meeting of the county’s or municipality’s
  100  governing body.
  101         a.Interested members of the public must be allowed to
  102  comment regarding the report, contract, or contract renewal
  103  under the county’s or municipality’s public comment policies or
  104  formats, and the report, contract, or contract renewal may not
  105  be considered as part of a consent agenda.
  106         b.The report required under this subparagraph must include
  107  a written summary, which must be read aloud at the regular or
  108  special meeting, and the summary must contain, for the same time
  109  period pertaining to the annual report to the department
  110  required under paragraph (b), the number of notices of violation
  111  issued, the number that were contested, the number that were
  112  upheld, the number that were dismissed, the number that were
  113  issued as uniform traffic citations, and the number that were
  114  paid and how collected funds were distributed and in what
  115  amounts. The county or municipality shall report to the
  116  department that the county’s or municipality’s annual report was
  117  considered in accordance with this subparagraph, including the
  118  date of the regular or special meeting at which the annual
  119  report was considered.
  120         3.The compliance or sufficiency of compliance with this
  121  paragraph may not be raised in a proceeding challenging a
  122  violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a
  123  traffic infraction detector.
  124         4.A county or municipality that does not comply with this
  125  paragraph is suspended from operating traffic infraction
  126  detectors under this subsection until such noncompliance is
  127  corrected.
  128         (b)(a) Each county or municipality that operates a traffic
  129  infraction detector shall submit a report by October 1, 2012,
  130  and annually thereafter, to the department which details the
  131  results of using the traffic infraction detector and the
  132  procedures for enforcement for the preceding state fiscal year.
  133  The information submitted by the counties and municipalities
  134  must include:
  135         1.The number of notices of violation issued, the number
  136  that were contested, the number that were upheld, the number
  137  that were dismissed, the number that were issued as uniform
  138  traffic citations, the number that were paid, and the number in
  139  each of the preceding categories for which the notice of
  140  violation was issued for a right-hand turn violation.
  141         2.A description of alternative safety countermeasures
  142  taken before and after the placement or installation of a
  143  traffic infraction detector.
  144         3. Statistical data and information required by the
  145  department to complete the summary report required under
  146  paragraph (c) (b).
  148  The department must publish each report submitted by a county or
  149  municipality pursuant to this paragraph on its website.
  150         (c)(b) On or before December 31, 2012, and annually
  151  thereafter, the department shall provide a summary report to the
  152  Governor, the President of the Senate, and the Speaker of the
  153  House of Representatives regarding the use and operation of
  154  traffic infraction detectors under this section, along with the
  155  department’s recommendations and any necessary legislation. The
  156  summary report must include a review of the information
  157  submitted to the department by the counties and municipalities
  158  and must describe the enhancement of the traffic safety and
  159  enforcement programs.
  160         Section 4. This act shall take effect July 1, 2024.