Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1080
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/03/2026 .
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The Committee on Rules (DiCeglie) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. The Department of Transportation and any
6 impacted local government shall increase the minimum perception
7 reaction time for each steady yellow signal located at an
8 intersection equipped with a traffic infraction detector by 0.4
9 seconds.
10 Section 2. Paragraphs (a) and (b) of subsection (9) of
11 section 316.008, Florida Statutes, are amended to read:
12 316.008 Powers of local authorities.—
13 (9)(a) A county or municipality may enforce the applicable
14 speed limit on a roadway properly maintained as a school zone
15 pursuant to s. 316.1895:
16 1. Within 30 minutes before through 30 minutes after the
17 start of a regularly scheduled breakfast program;
18 2. Within 30 minutes before through 30 minutes after the
19 start of a regularly scheduled school session;
20 3. During the entirety of a regularly scheduled school
21 session; and
22 4. Within 30 minutes before through 30 minutes after the
23 end of a regularly scheduled school session
24
25 through the use of a speed detection system for the detection of
26 speed and capturing of photographs or videos for violations in
27 excess of 10 miles per hour over the speed limit in force in the
28 school zone at the time of the violation. A school zone’s
29 compliance with s. 316.1895 creates a rebuttable presumption
30 that the school zone is properly maintained. The restrictive
31 school zone speed limit may only be enforced through the use of
32 a speed detection system when any flashing beacon used to
33 provide notice of the restrictive school zone speed limit is
34 activated. For speed detection systems installed before July 1,
35 2026, capturing the beacon status in photographic or video
36 evidence or by other evidence is not required for proof of the
37 beacon status until January 1, 2028. An area maintained as a
38 school zone which has no beacon installed before July 1, 2026,
39 has until January 1, 2028, to place and install a beacon, and,
40 until a beacon is installed, the county or municipality may
41 provide proof of the school zone speed limit in force at the
42 time of violation without evidence of the beacon status.
43 (b) A county or municipality may place or install, or
44 contract with a vendor to place or install, a speed detection
45 system within a roadway maintained as a school zone as provided
46 in s. 316.1895 to enforce unlawful speed limit violations in the
47 school zone, as specified in s. 316.1895 s. 316.1895(10) or s.
48 316.183, which are in excess of 10 miles per hour over the
49 school zone speed limit in force at the time of violation, on
50 that roadway. The physical placement of a speed detection system
51 may be outside the boundaries of the school zone but within the
52 roadway maintained as a school zone. Any notice of violation or
53 uniform traffic citation issued using a speed detection system
54 must be based solely on a violation occurring within the
55 boundaries of the school zone and during the times authorized
56 under this subsection.
57 Section 3. Present paragraph (c) of subsection (4) of
58 section 316.0083, Florida Statutes, is redesignated as paragraph
59 (d), a new paragraph (c) is added to that subsection, and
60 paragraph (a) of subsection (1), subsection (2), and paragraph
61 (b) of subsection (4) of that section are amended, to read:
62 316.0083 Mark Wandall Traffic Safety Program;
63 administration; report.—
64 (1)(a) For purposes of administering this section, the
65 department, a county, or a municipality may authorize a traffic
66 infraction enforcement officer under s. 316.640 to issue a
67 traffic citation for a violation of s. 316.074(1) or s.
68 316.075(1)(c)1. A notice of violation and a traffic citation may
69 not be issued for failure to stop at a red light if the driver
70 is making a right-hand turn in a careful and prudent manner at
71 an intersection where right-hand turns are permissible. A notice
72 of violation and a traffic citation may not be issued under this
73 section if the driver of the vehicle came to a complete stop
74 after crossing the stop line and before turning right if
75 permissible at a red light, but failed to stop before crossing
76 over the stop line or other point at which a stop is required.
77 This paragraph does not prohibit a review of information from a
78 traffic infraction detector by an authorized employee or agent
79 of the department, a county, or a municipality before issuance
80 of the traffic citation by the traffic infraction enforcement
81 officer. This paragraph does not prohibit the department, a
82 county, or a municipality from issuing notification as provided
83 in paragraph (b) to the registered owner of the motor vehicle
84 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
85 (2) A notice of violation and a traffic citation may not be
86 issued for failure to stop at a red light if the driver is
87 making a right-hand turn in a careful and prudent manner at an
88 intersection where right-hand turns are permissible. For
89 purposes of this subsection, the term “careful and prudent
90 manner” means that the driver made a right-hand turn after
91 coming to a complete stop and, in the traffic enforcement
92 officer’s determination, yielded to any pedestrian or bicyclist
93 and did not place a pedestrian or bicyclist in danger of injury
94 as a result of the right-hand turn, yielded to any other
95 vehicle, and substantially reduced the speed of the motor
96 vehicle before making the right-hand turn.
97 (4)
98 (b) Each county or municipality that operates a traffic
99 infraction detector shall submit a report by October 1,
100 annually, to the department which details the results of using
101 the traffic infraction detector and the procedures for
102 enforcement for the preceding state fiscal year. The information
103 submitted by the counties and municipalities must include:
104 1. The number of notices of violation issued, the number
105 that were contested, the number that were upheld, the number
106 that were dismissed, the number that were issued as uniform
107 traffic citations, the number that were paid, and the number in
108 each of the preceding categories for which the notice of
109 violation was issued for a right-hand turn violation.
110 2. A description of alternative safety countermeasures
111 taken before and after the placement or installation of a
112 traffic infraction detector.
113 3. Statistical data and information required by the
114 department to complete the summary report required under
115 paragraph (d) (c).
116
117 The department must publish each report submitted by a county or
118 municipality pursuant to this paragraph on its website.
119 (c) Each county or municipality that operates a traffic
120 infraction detector is responsible for and shall maintain its
121 respective data for reporting purposes under this subsection for
122 at least 2 years after such data is reported to the department.
123 Section 4. Subsection (3) of section 316.0776, Florida
124 Statutes, is amended to read:
125 316.0776 Traffic infraction detectors; speed detection
126 systems; placement and installation.—
127 (3) A speed detection system authorized by s. 316.008(9)
128 may be placed or installed anywhere in an area maintained, as
129 defined in s. 316.1895(3)(d), as a school zone on a state road
130 when permitted by the Department of Transportation and in
131 accordance with placement and installation specifications
132 developed by the Department of Transportation. The speed
133 detection system may be placed or installed anywhere in an area
134 maintained, as defined in s. 316.1895(3)(d), as a school zone on
135 a street or highway under the jurisdiction of a county or a
136 municipality in accordance with placement and installation
137 specifications established by the Department of Transportation.
138 The placement and installation specifications must allow the
139 placement of a speed detection system or components thereof
140 outside the boundaries of the school zone but within the area
141 maintained as a school zone. The speed detection system may only
142 capture violations occurring within the school zone and during
143 the times authorized under s. 316.008(9), regardless of the
144 placement of the speed detection system or its components The
145 Department of Transportation must establish such placement and
146 installation specifications by December 31, 2023.
147 (a) If a county or municipality places or installs a speed
148 detection system as authorized by s. 316.008(9), the county or
149 municipality must notify the public that a speed detection
150 system may be in use by posting signage indicating photographic
151 or video enforcement of the school zone speed limits. Such
152 signage shall clearly designate the time period during which the
153 school zone speed limits are enforced using a speed detection
154 system and must meet the placement and installation
155 specifications established by the Department of Transportation.
156 For a speed detection system enforcing violations of s. 316.1895
157 or s. 316.183 on a roadway maintained as a school zone, this
158 paragraph governs the signage notifying the public of the use of
159 a speed detection system.
160 (b) If a county or municipality begins a school zone speed
161 detection system program in a county or municipality that has
162 never conducted such a program, the respective county or
163 municipality must make a public announcement and conduct a
164 public awareness campaign of the proposed use of speed detection
165 systems at least 30 days before commencing enforcement under the
166 speed detection system program and must notify the public of the
167 specific date on which the program will commence. During the 30
168 day public awareness campaign, only a warning may be issued to
169 the registered owner of a motor vehicle for a violation of s.
170 316.1895 or s. 316.183 enforced by a speed detection system, and
171 liability may not be imposed for the civil penalty under s.
172 318.18(3)(d).
173 (c) A county or municipality that operates one or more
174 school zone speed detection systems must annually report the
175 results of all systems within the county’s or municipality’s
176 jurisdiction by placing the report required under s.
177 316.1896(16)(a) as a single reporting item on the agenda of a
178 regular or special meeting of the county’s or municipality’s
179 governing body. Before a county or municipality contracts or
180 renews a contract to place or install a speed detection system
181 in a school zone pursuant to s. 316.008(9), the county or
182 municipality must approve the contract or contract renewal at a
183 regular or special meeting of the county’s or municipality’s
184 governing body.
185 1. Interested members of the public must be allowed to
186 comment regarding the report, contract, or contract renewal
187 under the county’s or municipality’s public comment policies or
188 formats, and the report, contract, or contract renewal may not
189 be considered as part of a consent agenda.
190 2. The report required under this paragraph must include a
191 written summary, which must be read aloud at the regular or
192 special meeting, and the summary must contain, for the same time
193 period pertaining to the annual report to the department under
194 s. 316.1896(16)(a), the number of notices of violation issued,
195 the number that were contested, the number that were upheld, the
196 number that were dismissed, the number that were issued as
197 uniform traffic citations, and the number that were paid and how
198 collected funds were distributed and in what amounts. The county
199 or municipality must report to the department that the county’s
200 or municipality’s annual report was considered in accordance
201 with this paragraph, including the date of the regular or
202 special meeting at which the annual report was considered.
203 3. The compliance or sufficiency of compliance with this
204 paragraph may not be raised in a proceeding challenging a
205 violation of s. 316.1895 or s. 316.183 enforced by a speed
206 detection system in a school zone.
207 Section 5. Effective October 1, 2026, present subsections
208 (3), (4), and (5) of section 316.0777, Florida Statutes, are
209 redesignated as subsections (4), (5), and (6), respectively, and
210 a new subsection (3) and subsection (7) are added to that
211 section, to read:
212 316.0777 Automated license plate recognition systems;
213 installation within rights-of-way of State Highway System and on
214 and within property owned or controlled by private entity;
215 public records exemption.—
216 (3) A private property owner may install an automated
217 license plate recognition system solely for use on and within
218 the property owned or controlled by the property owner. A
219 private property owner that installs or directs the installation
220 of such a system:
221 (a) May not access vehicle registration or title data for
222 vehicles identified by the system, unless the private property
223 owner is acting to the extent permitted by the Driver’s Privacy
224 Protection Act, 18 U.S.C. ss. 2721-2725, or for the limited
225 purpose of providing notice to vehicle owners that they failed
226 to pay for parking and that such failure has resulted in a
227 parking charge pursuant to s. 715.075.
228 (b) May not share or sell images, personal identifying
229 information, vehicle identification numbers or license plate
230 numbers, or any data that could be reasonably connected to an
231 individual collected or generated by the system, except:
232 1. To the extent required to respond to a lawful request
233 from a criminal justice agency;
234 2. To the extent required to control or enforce access to
235 the property or for parking enforcement;
236 3. To the extent sharing such information is necessary to
237 report suspicious activity or suspected criminal activity to a
238 criminal justice agency; or
239 4. To the extent permitted by the Driver’s Privacy
240 Protection Act, 18 U.S.C. ss. 2721-2725.
241 (c) Must contractually obligate any third party that
242 installs, maintains, or operates the system or receives
243 information pursuant to subparagraph (b)2. to protect the images
244 or data collected or generated by the system from disclosure,
245 including a prohibition on sharing or selling such images or
246 data, except to the extent authorized under paragraph (b).
247 (d) Must implement, and must contractually obligate any
248 third party that installs, maintains, or operates the system or
249 receives information pursuant to subparagraph (b)2. to
250 implement, all of the following:
251 1. Industry-recognized encryption protocols to ensure that
252 images and associated data collected or generated by the system
253 are encrypted in transmission and at rest.
254 2. An auditable access control system that records access
255 to images and associated data.
256 3. A data retention schedule that provides for deletion of
257 images and data no later than 30 days after the images or data
258 is collected or generated by the system, except to the extent
259 needed to comply with a court order or subpoena, comply with the
260 appeal process provided in s. 715.075(1)(c) and (d), or collect
261 an unpaid invoice for parking enforcement. Records detailing
262 disclosure logs or transaction information may be retained
263 longer in accordance with federal law.
264 (e) May not offer or provide as payment or other
265 consideration any portion of the proceeds derived from a fine or
266 charge imposed based on images or data collected or generated by
267 the system to any third party that installs, maintains, or
268 operates the system, except to the extent that the fine or
269 violation is issued in connection with controlling or enforcing
270 access to such property or for parking enforcement.
271 (7) A person who uses or releases information in violation
272 of this section commits a noncriminal infraction, punishable by
273 a fine not exceeding $2,000.
274 Section 6. Paragraph (b) of subsection (6), paragraph (a)
275 of subsection (17), and paragraph (a) of subsection (18) of
276 section 316.173, Florida Statutes, are amended to read:
277 316.173 School bus infraction detection systems.—
278 (6)
279 (b) Procedures for an administrative hearing conducted
280 under this subsection are as follows:
281 1. The department shall make available electronically to
282 the school district or its designee or the county a Request for
283 Hearing form to assist each district or county with
284 administering this subsection.
285 2. The school district shall assign existing staff to serve
286 as the clerk to the local hearing officer. A person, referred to
287 in this paragraph as the petitioner, who elects to request a
288 hearing under this subsection shall be scheduled for a hearing
289 by the clerk to the local hearing officer. The hearing may be
290 conducted either virtually via live video conferencing or in
291 person.
292 3. Within 120 days after receipt of a timely request for a
293 hearing, the law enforcement agency or its designee shall
294 provide a replica of the notice of violation data to the school
295 district or county by manual or electronic transmission, and
296 thereafter the school district or its designee or the county
297 shall mail a notice of hearing, which shall include a hearing
298 date and may at the discretion of the district or county include
299 virtual and in-person hearing options, to the petitioner by
300 first-class mail. Mailing of the notice of hearing constitutes
301 notification. Upon receipt of the notice of hearing, the
302 petitioner may reschedule the hearing up to two times once by
303 submitting a written request to the local hearing officer at
304 least 5 calendar days before the day of the originally scheduled
305 hearing. The petitioner may cancel his or her hearing by paying
306 the penalty assessed in the notice of violation.
307 4. All testimony at the hearing shall be under oath. The
308 local hearing officer shall take testimony from a representative
309 of the law enforcement agency and the petitioner, and may take
310 testimony from others. The local hearing officer shall review
311 the video and images recorded by a school bus infraction
312 detection system. Formal rules of evidence do not apply, but due
313 process shall be observed and govern the proceedings.
314 5. At the conclusion of the hearing, the local hearing
315 officer shall determine by a preponderance of the evidence
316 whether a violation has occurred and shall uphold or dismiss the
317 violation. The local hearing officer shall issue a final
318 administrative order including the determination and, if the
319 notice of violation is upheld, require the petitioner to pay the
320 civil penalty previously assessed in the notice of violation,
321 and may shall also require the petitioner to pay costs, not to
322 exceed those established in s. 316.0083(5)(e), to be used by the
323 county for operational costs relating to the hearing process or
324 by the school district for technology and operational costs
325 relating to the hearing process as well as school transportation
326 safety-related initiatives. The final administrative order shall
327 be mailed to the petitioner by first-class mail.
328 6. An aggrieved party may appeal a final administrative
329 order consistent with the process provided in s. 162.11.
330 (17)(a)1. A school bus infraction detection system may not
331 be used for remote surveillance. The collection of evidence by a
332 school bus infraction detection system to enforce violations of
333 s. 316.172 does not constitute remote surveillance.
334 2. Notwithstanding any other provision of law, video and
335 images recorded as part of a school bus infraction detection
336 system may only be used for traffic enforcement and for purposes
337 of determining criminal or civil liability for incidents
338 captured by the school bus infraction detection system
339 incidental to the permissible use of the school bus infraction
340 detection system.
341 3. To the extent practicable, a school bus infraction
342 detection system must use necessary technology to ensure that
343 personal identifying information contained in the video or still
344 images recorded by the system which is not relevant to the
345 alleged violation, including, but not limited to, the identity
346 of the driver and any passenger of a motor vehicle, the interior
347 or contents of a motor vehicle, the identity of an uninvolved
348 person, a number identifying the address of a private residence,
349 and the contents or interior of a private residence, is
350 sufficiently obscured so as not to reveal such personal
351 identifying information.
352 4. A notice of a violation or uniform traffic citation
353 issued under this section may not be dismissed solely because a
354 recorded video or still images reveal personal identifying
355 information as provided in subparagraph 3. as long as a
356 reasonable effort has been made to comply with this subsection.
357 (18)(a) By October 1, annually 2023, and quarterly
358 thereafter, each school district operating a school bus
359 infraction detection system must submit, in consultation with
360 the law enforcement agencies with which it has interlocal
361 agreements pursuant to this section, a report to the department
362 which details the results of the school bus infraction detection
363 systems in the school district in the preceding state fiscal
364 year. The department shall publish each report on its website
365 quarter. The information from the school districts must be
366 submitted in a form and manner determined by the department,
367 which the department must make available to the school districts
368 by August 1, 2023, and must include at least the following:
369 1. The number of school buses that have a school bus
370 infraction detection system installed, including the date of
371 installation and, if applicable, the date the systems were
372 removed.
373 2. The number of notices of violations issued, the number
374 that were contested, the number that were upheld, the number
375 that were dismissed, the number that were issued as uniform
376 traffic citations, and the number that were paid.
377 3. Data for each infraction to determine locations in need
378 of safety improvements. Such data may include, but is not
379 limited to, global positioning system coordinates of the
380 infraction, the date and time of the infraction, and the name of
381 the school that the school bus was transporting students to or
382 from.
383 4. Any other statistical data and information required by
384 the department to complete the report required by paragraph (c).
385 Section 7. Subsection (2) of section 316.183, Florida
386 Statutes, is amended to read:
387 316.183 Unlawful speed.—
388 (2) On all streets or highways, the maximum speed limits
389 for all vehicles must be 30 miles per hour in business or
390 residence districts, and 55 miles per hour at any time at all
391 other locations. However, with respect to a residence district,
392 a county or municipality may set a lower maximum speed limit of
393 20 or 25 miles per hour on local streets and highways after an
394 investigation determines that such a limit is reasonable. It is
395 not necessary to conduct a separate investigation for each
396 residence district. The minimum speed limit on all highways that
397 comprise a part of the National System of Interstate and Defense
398 Highways and have not fewer than four lanes is 40 miles per
399 hour, except that when the posted speed limit is 70 miles per
400 hour, the minimum speed limit is 50 miles per hour.
401 Section 8. Paragraph (a) of subsection (2) of section
402 316.189, Florida Statutes, is amended to read:
403 316.189 Establishment of municipal and county speed zones.—
404 (2) SPEED ON COUNTY ROADS.—The maximum speed on any county
405 maintained road is:
406 (a) In any business or residence district, 30 miles per
407 hour in the daytime or nighttime; provided that with respect to
408 residence districts a county may set a lower maximum speed limit
409 of 25 miles per hour after an investigation determines that such
410 a limit is reasonable; and it shall not be necessary to conduct
411 a separate investigation in each residence district.
412
413 However, the board of county commissioners may set speed zones
414 altering such speeds, both as to maximum and minimum, after
415 investigation determines such a change is reasonable and in
416 conformity to criteria promulgated by the Department of
417 Transportation, except that no such speed zone shall permit a
418 speed of more than 60 miles per hour.
419 Section 9. Subsection (6) of section 316.1895, Florida
420 Statutes, is amended to read:
421 316.1895 Establishment of school speed zones, enforcement;
422 designation.—
423 (6) Permanent signs designating school zones and school
424 zone speed limits shall be uniform in size and color, and shall
425 have the times during which the restrictive school zone speed
426 limit is enforced clearly designated thereon. Flashing beacons
427 activated by a time clock, or other automatic device, or
428 manually activated may be used as an alternative to posting the
429 times during which the restrictive school zone speed limit is
430 enforced. However, if a restrictive school zone speed limit is
431 enforced through a speed detection system as provided in s.
432 316.1896, the school zone and restrictive school zone speed
433 limit must be designated using flashing beacons. An area
434 maintained as a school zone that has no flashing beacon
435 installed before July 1, 2026, has until January 1, 2028, to
436 place and install a beacon. Beginning July 1, 2008, for any
437 newly established school zone or any school zone in which the
438 signing has been replaced, a sign stating “Speeding Fines
439 Doubled” shall be installed within the school zone. The
440 Department of Transportation shall establish adequate standards
441 for the signs and flashing beacons.
442 Section 10. Subsections (1), (2), (3), (6), and (8),
443 paragraph (a) of subsection (15), and paragraph (a) of
444 subsection (16) of section 316.1896, Florida Statutes, are
445 amended to read:
446 316.1896 Roadways maintained as school zones; speed
447 detection system enforcement; penalties; appeal procedure;
448 privacy; reports.—
449 (1) For purposes of administering this section, a county or
450 municipality may authorize a traffic infraction enforcement
451 officer under s. 316.640 to issue uniform traffic citations for
452 violations of ss. 316.1895 and 316.183 as authorized by s.
453 316.008(9), as follows:
454 (a) For a violation of s. 316.1895 in excess of 10 miles
455 per hour over the school zone speed limit which occurs within 30
456 minutes before through 30 minutes after the start of a regularly
457 scheduled breakfast program.
458 (b) For a violation of s. 316.1895 in excess of 10 miles
459 per hour over the school zone speed limit which occurs within 30
460 minutes before through 30 minutes after the start of a regularly
461 scheduled school session.
462 (c) For a violation of s. 316.183 in excess of 10 miles per
463 hour over the posted speed limit during the entirety of a
464 regularly scheduled school session.
465 (d) For a violation of s. 316.1895 in excess of 10 miles
466 per hour over the school zone speed limit which occurs within 30
467 minutes before through 30 minutes after the end of a regularly
468 scheduled school session.
469
470 Such violation must be evidenced by a speed detection system
471 described in ss. 316.008(9) and 316.0776(3). This subsection
472 does not prohibit a review of information from a speed detection
473 system by an authorized employee or agent of a county or
474 municipality before issuance of the uniform traffic citation by
475 the traffic infraction enforcement officer. This subsection does
476 not prohibit a county or municipality from issuing notices as
477 provided in subsection (2) to the registered owner of the motor
478 vehicle for a violation of s. 316.1895 or s. 316.183. The
479 restrictive school zone speed limit may only be enforced through
480 the use of a speed detection system when any flashing beacon
481 used to provide notice of the restrictive school zone speed
482 limit is activated. For speed detection systems installed before
483 July 1, 2026, capturing the beacon status in photographic or
484 video evidence or by other evidence is not required for proof of
485 the beacon status until January 1, 2028. An area maintained as a
486 school zone which has no beacon installed before July 1, 2026,
487 has until January 1, 2028, to place and install a beacon, and,
488 until the beacon is installed, the county or municipality may
489 provide proof of the school zone speed limit in force at the
490 time of violation without evidence of the beacon status.
491 (2) Within 30 days after a violation, notice must be sent
492 to the registered owner of the motor vehicle involved in the
493 violation specifying the remedies available under s. 318.14 and
494 that the violator must pay the penalty under s. 318.18(3)(d) to
495 the county or municipality, or furnish an affidavit in
496 accordance with subsection (8), within 60 30 days after the date
497 of the notice of violation in order to avoid court fees, costs,
498 and the issuance of a uniform traffic citation. The notice of
499 violation must:
500 (a) Be sent by first-class mail.
501 (b) Include a photograph or other recorded image showing
502 the license plate of the motor vehicle; the date, time, and
503 location of the violation; the maximum speed at which the motor
504 vehicle was traveling within the school zone; and the speed
505 limit within the school zone at the time of the violation.
506 (c) Include a notice that the owner has the right to
507 review, in person or remotely, the photograph or video captured
508 by the speed detection system and the evidence of the speed of
509 the motor vehicle detected by the speed detection system which
510 constitute a rebuttable presumption that the motor vehicle was
511 used in violation of s. 316.1895 or s. 316.183.
512 (d) State the time when, and the place or website at which,
513 the photograph or video captured and evidence of speed detected
514 may be examined and observed.
515 (3) Notwithstanding any other law, a person who receives a
516 notice of violation under this section may request a hearing
517 within 60 30 days after the notice of violation or may pay the
518 penalty pursuant to the notice of violation, but a payment or
519 fee may not be required before the hearing requested by the
520 person. The notice of violation must be accompanied by, or
521 direct the person to a website that provides, information on the
522 person’s right to request a hearing and on all costs related
523 thereto and a form used for requesting a hearing. As used in
524 this subsection, the term “person” includes a natural person,
525 the registered owner or co-owner of a motor vehicle, or the
526 person identified in an affidavit as having actual care,
527 custody, or control of the motor vehicle at the time of the
528 violation.
529 (6) A uniform traffic citation must be issued by mailing
530 the uniform traffic citation by certified mail to the address of
531 the registered owner of the motor vehicle involved in the
532 violation if payment has not been made within 60 30 days after
533 notification under subsection (2), if the registered owner has
534 not requested a hearing as authorized under subsection (3), and
535 if the registered owner has not submitted an affidavit in
536 accordance with subsection (8).
537 (a) Delivery of the uniform traffic citation constitutes
538 notification of a violation under this subsection. If the
539 registered owner or co-owner of the motor vehicle; the person
540 identified as having care, custody, or control of the motor
541 vehicle at the time of the violation; or a duly authorized
542 representative of the owner, co-owner, or identified person
543 initiates a proceeding to challenge the citation pursuant to
544 this section, such person waives any challenge or dispute as to
545 the delivery of the uniform traffic citation.
546 (b) In the case of joint ownership of a motor vehicle, the
547 uniform traffic citation must be mailed to the first name
548 appearing on the motor vehicle registration, unless the first
549 name appearing on the registration is a business organization,
550 in which case the second name appearing on the registration may
551 be used.
552 (c) The uniform traffic citation mailed to the registered
553 owner of the motor vehicle involved in the infraction must be
554 accompanied by the information described in paragraphs (2)(b)
555 (d).
556 (8) To establish such facts under subsection (7), the
557 registered owner of the motor vehicle must, within 60 30 days
558 after the date of issuance of the notice of violation or the
559 uniform traffic citation, furnish to the appropriate
560 governmental entity an affidavit setting forth information
561 supporting an exception under subsection (7).
562 (a) An affidavit supporting the exception under paragraph
563 (7)(a) must include the name, address, date of birth, and, if
564 known, the driver license number of the person who leased,
565 rented, or otherwise had care, custody, or control of the motor
566 vehicle at the time of the alleged violation. If the motor
567 vehicle was stolen at the time of the alleged violation, the
568 affidavit must include the police report indicating that the
569 motor vehicle was stolen.
570 (b) If a uniform traffic citation for a violation of s.
571 316.1895 or s. 316.183 was issued at the location of the
572 violation by a law enforcement officer, the affidavit must
573 include the serial number of the uniform traffic citation.
574 (c) If the motor vehicle’s owner to whom a notice of
575 violation or a uniform traffic citation has been issued is
576 deceased, the affidavit must include a certified copy of the
577 owner’s death certificate showing that the date of death
578 occurred on or before the date of the alleged violation and one
579 of the following:
580 1. A bill of sale or other document showing that the
581 deceased owner’s motor vehicle was sold or transferred after his
582 or her death but on or before the date of the alleged violation.
583 2. Documented proof that the registered license plate
584 belonging to the deceased owner’s motor vehicle was returned to
585 the department or any branch office or authorized agent of the
586 department after his or her death but on or before the date of
587 the alleged violation.
588 3. A copy of the police report showing that the deceased
589 owner’s registered license plate or motor vehicle was stolen
590 after his or her death but on or before the date of the alleged
591 violation.
592
593 Upon receipt of the affidavit and documentation required under
594 paragraphs (b) and (c), or 60 30 days after the date of issuance
595 of a notice of violation sent to a person identified as having
596 care, custody, or control of the motor vehicle at the time of
597 the violation under paragraph (a), the county or municipality
598 must dismiss the notice or citation and provide proof of such
599 dismissal to the person who submitted the affidavit. If, within
600 30 days after the date of a notice of violation sent to a person
601 under subsection (9), the county or municipality receives an
602 affidavit under subsection (10) from the person sent a notice of
603 violation affirming that the person did not have care, custody,
604 or control of the motor vehicle at the time of the violation,
605 the county or municipality must notify the registered owner that
606 the notice or citation will not be dismissed due to failure to
607 establish that another person had care, custody, or control of
608 the motor vehicle at the time of the violation.
609 (15)(a) A speed detection system in a school zone may not
610 be used for remote surveillance. The collection of evidence by a
611 speed detection system to enforce violations of ss. 316.1895 and
612 316.183, or user-controlled pan or tilt adjustments of speed
613 detection system components, do not constitute remote
614 surveillance. Notwithstanding any other law, recorded video or
615 photographs collected as part of a speed detection system in a
616 school zone may only be used to document violations of ss.
617 316.1895 and 316.183 and for purposes of determining criminal or
618 civil liability for incidents captured by the speed detection
619 system incidental to the permissible use of the speed detection
620 system.
621 (16)(a) Each county or municipality that operates one or
622 more speed detection systems shall must submit a report by
623 October 1, 2024, and annually thereafter, to the department
624 which identifies the public safety objectives used to identify a
625 school zone for enforcement under this section, reports
626 compliance with s. 316.0776(3)(c), and details the results of
627 the speed detection system in the school zone during the
628 preceding state fiscal year and the procedures for enforcement.
629 The information from counties and municipalities must be
630 submitted in a form and manner determined by the department,
631 which the department must make available to the counties and
632 municipalities by August 1, 2023, and the department may require
633 data components to be submitted quarterly. The report must
634 include at least the following:
635 1. Information related to the location of each speed
636 detection system, including the geocoordinates of the school
637 zone, the directional approach of the speed detection system,
638 the school name, the school level, the times the speed detection
639 system was active, the restrictive restricted school zone speed
640 limit enforced pursuant to s. 316.1895(5), the posted speed
641 limit enforced at times other than those authorized by s.
642 316.1895(5), the date the systems were activated to enforce
643 violations of ss. 316.1895 and 316.183, and, if applicable, the
644 date the systems were deactivated.
645 2. The number of notices of violation issued, the number,
646 if any, that were issued outside of the enforcement periods
647 authorized in subsection (1), the number that were contested,
648 the number that were upheld, the number that were dismissed, the
649 number that were issued as uniform traffic citations, and the
650 number that were paid.
651 3. Any other statistical data and information related to
652 the procedures for enforcement which is required by the
653 department to complete the report required under paragraph (c).
654
655 The department must publish each report submitted by a county or
656 municipality pursuant to this paragraph on its website.
657 Section 11. Subsection (3) of section 316.1906, Florida
658 Statutes, is amended to read:
659 316.1906 Radar speed-measuring devices; speed detection
660 systems; evidence, admissibility.—
661 (3) A speed detection system is exempt from the design
662 requirements for radar or LiDAR units established by the
663 department, and the radar or LiDAR units used in the speed
664 detection system are not required to be on any approved list of
665 the department. A speed detection system must have the ability
666 to perform self-tests as to its detection accuracy. The system
667 must perform a self-test at least once every 30 days. The law
668 enforcement agency, or an agent acting on behalf of the law
669 enforcement agency, operating a speed detection system must
670 maintain a log of the results of the system’s self-tests. The
671 law enforcement agency, or an agent acting on behalf of the law
672 enforcement agency, operating a speed detection system must also
673 perform an independent calibration test on the speed detection
674 system at least once every 12 months. The self-test logs, as
675 well as the results of the annual calibration test, are
676 admissible in any court proceeding for a uniform traffic
677 citation issued for a violation of s. 316.1895 or s. 316.183
678 enforced pursuant to s. 316.1896. Notwithstanding subsection
679 (2), evidence of the speed of a motor vehicle detected by a
680 speed detection system compliant with this subsection and the
681 determination by a traffic enforcement officer that a motor
682 vehicle is operating in excess of the applicable speed limit is
683 admissible in any proceeding with respect to an alleged
684 violation of law regulating the speed of motor vehicles in
685 school zones.
686 Section 12. Paragraph (c) of subsection (3) of section
687 316.650, Florida Statutes, is amended to read:
688 316.650 Traffic citations.—
689 (3)
690 (c) If a traffic citation is issued under s. 316.0083 or s.
691 316.1896, the traffic infraction enforcement officer, or, if the
692 citation is issued under s. 316.173, the law enforcement
693 officer, must shall provide by electronic transmission a replica
694 of the traffic citation data to the court having jurisdiction
695 over the alleged offense or its traffic violations bureau within
696 5 business days after the date of issuance of the traffic
697 citation to the violator. If a hearing is requested, the traffic
698 infraction enforcement officer or law enforcement officer, as
699 applicable, must shall provide a replica of the traffic notice
700 of violation data to the clerk to for the local hearing officer
701 having jurisdiction over the alleged offense within 14 days.
702 Section 13. Subsection (3) of section 318.15, Florida
703 Statutes, is amended to read:
704 318.15 Failure to comply with civil penalty or to appear;
705 penalty.—
706 (3) The clerk of the court or the clerk to the local
707 hearing officer shall notify the department of persons who were
708 mailed a notice of violation of s. 316.074(1) or s.
709 316.075(1)(c)1. pursuant to s. 316.0083, s. 316.172(1)(a) or (b)
710 pursuant to s. 316.173, or s. 316.183 or s. 316.1895(10)
711 pursuant to s. 316.1896 and who failed to enter into, or comply
712 with the terms of, a penalty payment plan, or order with the
713 clerk to the local hearing officer or failed to appear at a
714 scheduled hearing within 10 days after such failure, and shall
715 reference the person’s driver license number, or in the case of
716 a business entity, vehicle registration number.
717 (a) Upon receipt of such notice, the department, or
718 authorized agent thereof, may not issue a license plate or
719 revalidation sticker for any motor vehicle owned or co-owned by
720 that person pursuant to s. 320.03(8) until the amounts assessed
721 have been fully paid.
722 (b) After the issuance of the person’s license plate or
723 revalidation sticker is withheld pursuant to paragraph (a), the
724 person may challenge the withholding of the license plate or
725 revalidation sticker only on the basis that the outstanding
726 fines and civil penalties have been paid pursuant to s.
727 320.03(8).
728 Section 14. Paragraphs (a), (b), and (c) of subsection (5)
729 and subsection (23) of section 318.18, Florida Statutes, are
730 amended to read:
731 318.18 Amount of penalties.—The penalties required for a
732 noncriminal disposition pursuant to s. 318.14 or a criminal
733 offense listed in s. 318.17 are as follows:
734 (5)(a)1. Except as provided in subparagraph 2., $200 for a
735 violation of s. 316.172(1)(a), failure to stop for a school bus.
736 If, at a hearing, the alleged offender is found to have
737 committed this offense, the court shall impose a minimum civil
738 penalty of $200. In addition to this penalty, for a second or
739 subsequent offense within a period of 5 years, the department
740 shall suspend the driver license of the person for not less than
741 180 days and not more than 1 year.
742 2. If a violation of s. 316.172(1)(a) is enforced by a
743 school bus infraction detection system pursuant to s. 316.173,
744 the penalty of $200 shall be imposed. If, at an administrative
745 hearing contesting a notice of violation or uniform traffic
746 citation, the alleged offender is found to have committed this
747 offense, a minimum civil penalty of $200 shall be imposed.
748 Notwithstanding any other provision of law except s. 28.37(6),
749 the civil penalties assessed under this subparagraph resulting
750 from a notice of violation or uniform traffic citation shall be
751 remitted to the school district at least monthly and used
752 pursuant to s. 316.173(8).
753 (b)1. Except as provided in subparagraph 2., $400 for a
754 violation of s. 316.172(1)(b), passing a school bus on the side
755 that children enter and exit when the school bus displays a stop
756 signal. If, at a hearing, the alleged offender is found to have
757 committed this offense, the court shall impose a minimum civil
758 penalty of $400.
759 2. If a violation of s. 316.172(1)(b) is enforced by a
760 school bus infraction detection system pursuant to s. 316.173,
761 the penalty under this subparagraph is a minimum of $200. If, at
762 a hearing contesting a notice of violation or uniform traffic
763 citation, the alleged offender is found to have committed this
764 offense, the court shall impose a minimum civil penalty of $200.
765 Notwithstanding any other provision of law except s. 28.37(6),
766 the civil penalties assessed under this subparagraph resulting
767 from notice of violation or uniform traffic citation shall be
768 remitted to the school district at least monthly and used
769 pursuant to s. 316.173(8).
770 3. In addition to this penalty, for a second or subsequent
771 offense within a period of 5 years, the department shall suspend
772 the driver license of the person for not less than 360 days and
773 not more than 2 years.
774 (c)1. In addition to the penalty under subparagraph (a)2.
775 or subparagraph (b)2., if, at an administrative hearing
776 contesting a notice of violation, the alleged offender is found
777 to have committed this offense, costs shall be imposed, not to
778 exceed those established in s. 316.0083(5)(e), to be paid by the
779 petitioner and to be used by the county for the operational
780 costs related to the hearing or the school district for
781 technology and operational costs relating to the hearing as well
782 as school transportation safety-related initiatives.
783 Notwithstanding any other provision of law, if a county’s local
784 hearing officer administers the administrative hearing process
785 for a contested notice of violation, the costs imposed under
786 this subparagraph resulting from notice of violation shall be
787 remitted to the county at least monthly.
788 2. In addition to the penalty under paragraph (a) or
789 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
790 If the alleged offender is found to have committed the offense,
791 the court shall impose the civil penalty under paragraph (a) or
792 paragraph (b) plus an additional $65. The additional $65
793 collected under this subparagraph shall be remitted to the
794 Department of Revenue for deposit into the Emergency Medical
795 Services Trust Fund of the Department of Health to be used as
796 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
797 (b) is enforced by a school bus infraction detection system
798 pursuant to s. 316.173, an the additional civil penalty amount
799 imposed on a notice of violation, on a uniform traffic citation,
800 or by the court under this paragraph must be $25, in lieu of the
801 additional $65, and, notwithstanding any other provision of law,
802 the additional civil penalties and additional costs must be
803 remitted to the participating school district at least monthly
804 and used pursuant to s. 316.173(8).
805 (23) In addition to the penalty prescribed under s.
806 316.0083, s. 316.173, s. 316.183, s. 316.1895, or s. 316.1896
807 for violations enforced under those sections s. 316.0083 which
808 are upheld by the local hearing officer, the local hearing
809 officer may also order the payment of county, or municipal, or
810 school district costs, not to exceed $250.
811 Section 15. Subsection (12) of section 320.02, Florida
812 Statutes, is amended to read:
813 320.02 Registration required; application for registration;
814 forms.—
815 (12) The department is authorized to withhold registration
816 or reregistration of any motor vehicle if the owner, or one of
817 the co-owners of the vehicle:,
818 (a) Has a driver license which is under suspension for the
819 failure to remit payment of any fines levied in this state
820 pursuant to chapter 318 or chapter 322; or
821 (b) Received a traffic citation for a violation of s.
822 316.074(1) or s. 316.075(1)(c)1. as enforced by s. 316.0083, s.
823 316.172(1)(a) or (b) as enforced by s. 316.173, or s. 316.183 or
824 s. 316.1895(10) as enforced by s. 316.1896 and did not request a
825 hearing, submit an affidavit claiming an exception, or pay the
826 traffic citation.
827 Section 16. Section 320.061, Florida Statutes, is amended
828 to read:
829 320.061 Unlawful to alter motor vehicle registration
830 certificates, license plates, temporary license plates, mobile
831 home stickers, or validation stickers or to obscure license
832 plates; penalty.—A person may not alter the original appearance
833 of a vehicle registration certificate, license plate, temporary
834 license plate, mobile home sticker, or validation sticker issued
835 for and assigned to a motor vehicle or mobile home, whether by
836 mutilation, alteration, defacement, or change of color or in any
837 other manner. A person may not apply or attach a substance,
838 reflective matter, illuminated device, spray, coating, covering,
839 or other material onto or around any license plate which
840 interferes with the legibility, angular visibility, or
841 detectability of the primary features or details, including the
842 license plate number or validation sticker, any feature or
843 detail on the license plate or interferes with the ability to
844 record the primary features or details, including the license
845 plate number or validation sticker, any feature or detail on the
846 license plate. A license plate frame that impinges upon
847 information located on the top or bottom of the license plate is
848 permissible, as long as law enforcement can identify the state
849 issuing the license plate. A person who knowingly violates this
850 section commits a misdemeanor of the second degree, punishable
851 as provided in s. 775.082 or s. 775.083.
852 Section 17. Paragraph (b) of subsection (1) of section
853 320.0848, Florida Statutes, is amended, and paragraph (a) of
854 subsection (1) of that section, as amended by section 5 of
855 chapter 2025-125, Laws of Florida, is republished, to read:
856 320.0848 Persons who have disabilities; issuance of
857 disabled parking permits; temporary permits; permits for certain
858 providers of transportation services to persons who have
859 disabilities.—
860 (1)(a) The Department of Highway Safety and Motor Vehicles
861 or its authorized agents shall, upon application and receipt of
862 the fee:
863 1. Issue a disabled parking permit for a period of up to 4
864 years, which period ends on the applicant’s birthday, to any
865 person who has long-term mobility impairment;
866 2. Issue a temporary disabled parking permit for up to 6
867 months to a person who has a temporary mobility impairment; or
868 3. Issue a lifetime disabled parking permit to a person who
869 is certified as permanently disabled due to permanent
870 dismemberment or an amputation and is in need of the disabled
871 parking permit due to that permanent dismemberment or
872 amputation. A lifetime disabled parking permit is valid from the
873 date of issuance until the person’s death and is not subject to
874 renewal under paragraph (d).
875
876 A person is not required to pay a fee for a parking permit for
877 disabled persons more than once in a 12-month period from the
878 date of the prior fee payment.
879 (b)1. The person must be currently certified as being
880 legally blind or as having any of the following disabilities
881 that render him or her unable to walk 200 feet without stopping
882 to rest:
883 a. Inability to walk without the use of or assistance from
884 a brace, cane, crutch, prosthetic device, or other assistive
885 device, or without the assistance of another person. If the
886 assistive device significantly restores the person’s ability to
887 walk to the extent that the person can walk without severe
888 limitation, the person is not eligible for the exemption parking
889 permit.
890 b. The need to permanently use a wheelchair.
891 c. Restriction by lung disease to the extent that the
892 person’s forced (respiratory) expiratory volume for 1 second,
893 when measured by spirometry, is less than 1 liter, or the
894 person’s arterial oxygen is less than 60 mm/hg on room air at
895 rest.
896 d. Use of portable oxygen.
897 e. Restriction by cardiac condition to the extent that the
898 person’s functional limitations are classified in severity as
899 Class III or Class IV according to standards set by the American
900 Heart Association.
901 f. Severe limitation in the person’s ability to walk due to
902 an arthritic, neurological, or orthopedic condition, including
903 any pregnancy-related condition.
904 2. The certification of disability which is required under
905 subparagraph 1. must be provided by a physician licensed under
906 chapter 458, chapter 459, or chapter 460, by a podiatric
907 physician licensed under chapter 461, by an optometrist licensed
908 under chapter 463, by an advanced practice registered nurse
909 licensed under chapter 464 under the protocol of a licensed
910 physician as stated in this subparagraph, by a physician
911 assistant licensed under chapter 458 or chapter 459, or by a
912 similarly licensed physician from another state if the
913 application is accompanied by documentation of the physician’s
914 licensure in the other state and a form signed by the out-of
915 state physician verifying his or her knowledge of this state’s
916 eligibility guidelines.
917 Section 18. Section 320.0849, Florida Statutes, is
918 repealed.
919 Section 19. Subsection (4) of section 322.142, Florida
920 Statutes, is amended, and subsections (5), (6), and (7) are
921 added to that section, to read:
922 322.142 Color photographic or digital imaged licenses.—
923 (4) The department may maintain a film negative or print
924 file. The department shall maintain a record of the digital
925 image and signature of the licensees, together with other data
926 required by the department for identification and retrieval.
927 Reproductions from the file or digital record are exempt from
928 the provisions of s. 119.07(1) and may be made and issued only:
929 (a) For departmental administrative purposes;
930 (b) For the issuance of duplicate licenses;
931 (c) For identity verification by a state agency pursuant to
932 an interagency agreement, subject to the licensee’s consent;
933 (d) In response to law enforcement agency requests;
934 (e)(d) To the Department of Business and Professional
935 Regulation and the Department of Health pursuant to an
936 interagency agreement for the purpose of accessing digital
937 images for reproduction of licenses issued by the Department of
938 Business and Professional Regulation or the Department of
939 Health;
940 (f)(e) To the Department of State or a supervisor of
941 elections pursuant to an interagency agreement to facilitate
942 determinations of eligibility of voter registration applicants
943 and registered voters in accordance with ss. 98.045 and 98.075;
944 (g)(f) To the Department of Revenue pursuant to an
945 interagency agreement for use in establishing paternity and
946 establishing, modifying, or enforcing support obligations in
947 Title IV-D cases;
948 (h)(g) To the Department of Children and Families pursuant
949 to an interagency agreement to conduct protective investigations
950 under part III of chapter 39 and chapter 415;
951 (i)(h) To the Department of Children and Families pursuant
952 to an interagency agreement specifying the number of employees
953 in each of that department’s regions to be granted access to the
954 records for use as verification of identity to expedite the
955 determination of eligibility for public assistance and for use
956 in public assistance fraud investigations;
957 (j)(i) To the Agency for Health Care Administration
958 pursuant to an interagency agreement for the purpose of
959 authorized agencies verifying photographs in the Care Provider
960 Background Screening Clearinghouse authorized under s. 435.12;
961 (k)(j) To the Department of Financial Services pursuant to
962 an interagency agreement to facilitate the location of owners of
963 unclaimed property, the validation of unclaimed property claims,
964 the identification of fraudulent or false claims, and the
965 investigation of allegations of violations of the insurance code
966 by licensees and unlicensed persons;
967 (l)(k) To the Department of Commerce pursuant to an
968 interagency agreement to facilitate the validation of
969 reemployment assistance claims and the identification of
970 fraudulent or false reemployment assistance claims;
971 (m)(l) To district medical examiners pursuant to an
972 interagency agreement for the purpose of identifying a deceased
973 individual, determining cause of death, and notifying next of
974 kin of any investigations, including autopsies and other
975 laboratory examinations, authorized in s. 406.11;
976 (n)(m) To the following persons for the purpose of
977 identifying a person as part of the official work of a court:
978 1. A justice or judge of this state;
979 2. An employee of the state courts system who works in a
980 position that is designated in writing for access by the Chief
981 Justice of the Supreme Court or a chief judge of a district or
982 circuit court, or by his or her designee; or
983 3. A government employee who performs functions on behalf
984 of the state courts system in a position that is designated in
985 writing for access by the Chief Justice or a chief judge, or by
986 his or her designee; or
987 (o)(n) To the Agency for Health Care Administration
988 pursuant to an interagency agreement to prevent health care
989 fraud. If the Agency for Health Care Administration enters into
990 an agreement with a private entity to carry out duties relating
991 to health care fraud prevention, such contracts shall include,
992 but need not be limited to:
993 1. Provisions requiring internal controls and audit
994 processes to identify access, use, and unauthorized access of
995 information.
996 2. A requirement to report unauthorized access or use to
997 the Agency for Health Care Administration within 1 business day
998 after the discovery of the unauthorized access or use.
999 3. Provisions for liquidated damages for unauthorized
1000 access or use of no less than $5,000 per occurrence.
1001 (5) An identify verification service provider may use
1002 department data for the department’s or another agency’s
1003 internal identity verification purposes in a manner consistent
1004 with this section only if such data remains in the possession of
1005 the department.
1006 (6) An identity verification service provider may not sell,
1007 share, or retain any information outside of the purposes of this
1008 section.
1009 (7) The department may not allow the use of digital imaged
1010 licenses for a private entity’s business purposes.
1011 Section 20. Subsection (10) of section 332.007, Florida
1012 Statutes, is amended to read:
1013 332.007 Administration and financing of aviation and
1014 airport programs and projects; state plan.—
1015 (10) Subject to the availability of appropriated funds, and
1016 unless otherwise provided in the General Appropriations Act or
1017 the substantive bill implementing the General Appropriations
1018 Act, The department may fund up to 100 percent of eligible
1019 project costs of projects under this section all of the
1020 following at a public-use airport located in a rural community
1021 as defined in s. 288.0656 which does not have any scheduled
1022 commercial service. The department may not require matching
1023 funds for any eligible project at such airports located in rural
1024 areas of opportunity designated under s. 288.0656. Funds
1025 provided pursuant to this section may be provided as matching
1026 funds for eligible projects funded by the Federal Government or
1027 any state agency:
1028 (a) The capital cost of runway and taxiway projects that
1029 add capacity. Such projects must be prioritized based on the
1030 amount of available nonstate matching funds.
1031 (b) Economic development transportation projects pursuant
1032 to s. 339.2821.
1033
1034 Any remaining funds must be allocated for projects specified in
1035 subsection (6).
1036 Section 21. Paragraph (d) is added to subsection (11) of
1037 section 337.11, Florida Statutes, to read:
1038 337.11 Contracting authority of department; bids; emergency
1039 repairs, supplemental agreements, and change orders; combined
1040 design and construction contracts; progress payments; records;
1041 requirements of vehicle registration.—
1042 (11)
1043 (d)1. The department may make direct payments to a first
1044 tier subcontractor. Such payments do not create any enforceable
1045 third-party beneficiary rights. The department shall adopt by
1046 rule procedures to implement this paragraph. Such procedures
1047 must establish the circumstances under which such payments may
1048 be made and must include, at a minimum, all of the following:
1049 a. The contractor has not requested payment from the
1050 department for at least 6 months.
1051 b. There is a binding, written subcontract between the
1052 contractor and the subcontractor, and the department is in
1053 possession of a complete copy of the subcontract.
1054 c. The subcontractor has performed work that is unpaid by
1055 the contractor, and the department has sufficient documentation
1056 of such unpaid work.
1057 d. There is no legitimate dispute between the contractor
1058 and the subcontractor.
1059 e. The department has provided written notice to the
1060 payment and performance bond surety at least 30 days before
1061 releasing a payment under this paragraph, and the surety has not
1062 objected in writing within the 30-day period based on a
1063 documented dispute or claim regarding the unpaid work or
1064 payment.
1065 2. Amounts paid by the department pursuant to rules adopted
1066 under this paragraph must be deducted from amounts otherwise due
1067 to the contractor.
1068 Section 22. Present subsection (6) of section 337.18,
1069 Florida Statutes, is redesignated as subsection (7), and a new
1070 subsection (6) is added to that section, to read:
1071 337.18 Surety bonds for construction or maintenance
1072 contracts; requirement with respect to contract award; bond
1073 requirements; defaults; damage assessments.—
1074 (6) If the department and the surety enter into a takeover
1075 agreement, such agreement must set forth procedures regarding
1076 the surety’s certification of disbursement of payment to
1077 subcontractors.
1078 Section 23. Paragraph (j) is added to subsection (6) of
1079 section 339.175, Florida Statutes, to read:
1080 339.175 Metropolitan planning organization.—
1081 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1082 privileges, and authority of an M.P.O. are those specified in
1083 this section or incorporated in an interlocal agreement
1084 authorized under s. 163.01. Each M.P.O. shall perform all acts
1085 required by federal or state laws or rules, now and subsequently
1086 applicable, which are necessary to qualify for federal aid. It
1087 is the intent of this section that each M.P.O. be involved in
1088 the planning and programming of transportation facilities,
1089 including, but not limited to, airports, intercity and high
1090 speed rail lines, seaports, and intermodal facilities, to the
1091 extent permitted by state or federal law. An M.P.O. may not
1092 perform project production or delivery for capital improvement
1093 projects on the State Highway System.
1094 (j) By December 31, 2026, the M.P.O.’s serving Charlotte,
1095 Collier, and Lee Counties must submit to the Governor, the
1096 President of the Senate, and the Speaker of the House of
1097 Representatives a feasibility report exploring the benefits,
1098 costs, and process of consolidation into a single M.P.O. serving
1099 the contiguous urbanized area, the goal of which is to:
1100 1. Coordinate transportation projects deemed to be
1101 regionally significant.
1102 2. Review the impact of regionally significant land use
1103 decisions on the region.
1104 3. Review all proposed regionally significant
1105 transportation projects in the transportation improvement
1106 programs.
1107 Section 24. Section 339.85, Florida Statutes, is amended to
1108 read:
1109 (Substantial rewording of section. See
1110 s. 339.85, F.S., for present text.)
1111 339.85 Next-generation Traffic Signal Modernization Grant
1112 Program.—
1113 (1) The department shall implement a Next-generation
1114 Traffic Signal Modernization Grant Program. The purpose of the
1115 program is to assist counties and municipalities in upgrading
1116 eligible signalized intersections with artificial intelligence-
1117 and machine learning-enabled detection, controllers,
1118 communications, and software that prioritize modernization in
1119 key corridors across this state.
1120 (2)(a) The department shall implement a state-local
1121 partnership through a cost-sharing arrangement as follows:
1122 1. Authorize the department to fund first-year pilot
1123 corridors at up to 80 percent of eligible costs, with a minimum
1124 20 percent local contribution.
1125 2. Authorize the department to fund 50 percent of ensuing
1126 year research and development and installation.
1127 (b) Ongoing maintenance after signal modernization shall be
1128 the responsibility of the local government and the vendor.
1129 (3) The department may waive any local match requirement
1130 for state-owned or state-operated intersections.
1131 (4) The department shall prioritize grant applications for
1132 intersections at which a signal modernization will measurably:
1133 (a) Reduce average control delay and corridor travel times.
1134 (b) Improve surrogate safety measures, such as failures to
1135 stop at red lights and hard-braking events, and support
1136 emergency vehicle preemption.
1137 (c) Provide transit signal priority and multimodal benefits
1138 to pedestrians and cyclists.
1139 (5) The department shall use competitive procurement as
1140 provided in chapter 287 to find a vendor or vendors that use
1141 state-of-the-art technology that complies with leading
1142 cybersecurity standards, such as SOC 2 and ISO 27001, ensuring
1143 robust data protection. Additionally, the program shall:
1144 (a) Require open, interoperable, and secure systems that
1145 avoid vendor lock-in and protect cybersecurity.
1146 (b) Ensure data transparency through standardized
1147 performance dashboards and annual public reports demonstrating
1148 benefits relative to cost.
1149 (c) Coordinate with metropolitan planning organizations,
1150 regional traffic management centers, and law enforcement, fire
1151 rescue, and transit agencies to maximize systemwide benefits.
1152 (d) Encourage use of state-based pilots, sandboxes, and
1153 independent evaluations to validate performance before large
1154 scale rollout.
1155 (e) Support workforce development and local operations
1156 staff training so upgrades remain effective over the life of the
1157 equipment.
1158 (6) Beginning in fiscal year 2026-2027, $20 million is
1159 appropriated annually from the State Transportation Trust Fund
1160 to the department to fund the Next-generation Traffic Signal
1161 Modernization Grant Program as described in this section.
1162 Section 25. Subsection (23) is added to section 775.15,
1163 Florida Statutes, to read:
1164 775.15 Time limitations; general time limitations;
1165 exceptions.—
1166 (23) For a traffic citation enforced pursuant to s.
1167 316.0083, s. 316.173, s. 316.183, or s. 316.1896, the 1-year
1168 period of limitation for a noncriminal violation pursuant to
1169 paragraph (2)(d) is extended for 1 year upon receipt of an
1170 affidavit indicating that the motor vehicle was in the care,
1171 custody, or control of another person at the time of the
1172 violation, as authorized in s. 316.0083, s. 316.173, s. 316.183,
1173 or s. 316.1896, respectively.
1174 Section 26. Railroad crossing safety technology study.—
1175 (1)(a) The Legislature finds that improving safety at
1176 railroad crossings is critical to protecting the lives of
1177 pedestrians, motorists, railway workers, and the general public.
1178 Advanced detection and monitoring systems using such
1179 technologies as sensors, high-resolution cameras, and data
1180 analytics may provide a reliable means to enhance situational
1181 awareness and reduce collisions at railroad crossings.
1182 (b) The Legislature further finds that additional analysis
1183 is necessary to evaluate the effectiveness, feasibility, costs,
1184 and implementation considerations of such systems.
1185 (c) It is the intent of the Legislature to direct the
1186 Department of Transportation to study the technologies
1187 referenced in paragraph (a) before considering any statewide
1188 requirements for their deployment.
1189 (2) As used in this section, the term:
1190 (a) “Advanced detection and monitoring system” means a
1191 system capable of detecting and classifying objects, such as
1192 pedestrians, vehicles, or other obstructions at or approaching a
1193 railroad crossing, using technologies including, but not limited
1194 to, sensors, cameras, and data analytics.
1195 (b) “Public railroad-highway grade crossing” has the same
1196 meaning as provided in s. 335.141(1)(b), Florida Statutes.
1197 (3)(a) The Department of Transportation shall conduct a
1198 statewide study on the use of advanced detection and monitoring
1199 systems at public railroad-highway grade crossings in this
1200 state.
1201 (b) The study must include, but is not limited to, an
1202 analysis of all of the following:
1203 1. Available and emerging advanced detection and monitoring
1204 technologies applicable to railroad crossings.
1205 2. The effectiveness of such technologies in improving
1206 safety outcomes, including collision prevention and hazard
1207 mitigation, based on available data from pilot programs,
1208 deployments in other jurisdictions, or academic research.
1209 3. Technical and operational considerations, including
1210 interoperability with existing railroad safety systems and
1211 operating protocols.
1212 4. Costs associated with the deployment of advanced
1213 detection and monitoring systems, including installation,
1214 operation, maintenance, and long-term lifecycle costs.
1215 5. Potential funding mechanisms, including federal funds,
1216 state funds, grants, or public-private partnerships.
1217 6. Criteria for identifying higher-risk railroad crossings
1218 where such technologies may provide the greatest safety benefit.
1219 7. Legal, regulatory, and operational considerations
1220 related to the deployment and oversight of advanced detection
1221 and monitoring systems.
1222 8. The respective roles of the state, local governments,
1223 and railroad owners in the implementation of such systems.
1224 (4) In conducting the study, the department may consult
1225 with, as appropriate, any of the following:
1226 (a) Railroad owners and railroad industry representatives.
1227 (b) Local governments with jurisdiction over public
1228 railroad-highway grade crossings.
1229 (c) Transportation safety experts and academic
1230 institutions.
1231 (d) Federal agencies or national organizations with
1232 expertise in railroad safety.
1233 (5) By December 1, 2026, the department shall submit a
1234 report of its findings and any recommendations to the Governor,
1235 the President of the Senate, and the Speaker of the House of
1236 Representatives. The report may include policy recommendations
1237 for legislative consideration, but may not recommend or require
1238 the mandatory installation or upgrade of railroad crossings.
1239 Section 27. For the purpose of incorporating the amendment
1240 made by this act to section 318.18, Florida Statutes, in a
1241 reference thereto, section 318.121, Florida Statutes, is
1242 reenacted to read:
1243 318.121 Preemption of additional fees, fines, surcharges,
1244 and costs.—Notwithstanding any general or special law, or
1245 municipal or county ordinance, additional fees, fines,
1246 surcharges, or costs other than the court costs and surcharges
1247 assessed under s. 318.18(12), (14), (19), (20), and (23) may not
1248 be added to the civil traffic penalties assessed under this
1249 chapter.
1250 Section 28. Except as otherwise expressly provided in this
1251 act, this act shall take effect July 1, 2026.
1252
1253 ================= T I T L E A M E N D M E N T ================
1254 And the title is amended as follows:
1255 Delete everything before the enacting clause
1256 and insert:
1257 A bill to be entitled
1258 An act relating to transportation; requiring the
1259 Department of Transportation and any impacted local
1260 government to increase the minimum perception-reaction
1261 time for steady yellow signals at certain
1262 intersections by a specified amount of time; amending
1263 s. 316.008, F.S.; authorizing enforcement of
1264 restrictive school zone speed limits through the use
1265 of speed detection systems under certain conditions;
1266 providing that certain evidence is not required for a
1267 certain timeframe for speed detection systems
1268 installed before a certain date; revising
1269 circumstances for which counties and municipalities
1270 may place or install or contract to place or install
1271 speed detection systems; providing requirements for
1272 the physical placement of such speed detection
1273 systems; amending s. 316.0083, F.S.; deleting a
1274 provision prohibiting the issuance of certain notices
1275 of violation and traffic citations for failure to stop
1276 before crossing over a stop line or other point at
1277 which a stop is required under certain circumstances;
1278 defining the term “careful and prudent manner”;
1279 providing that certain counties and municipalities are
1280 responsible for and must maintain certain data for a
1281 specified period; amending s. 316.0776, F.S.; revising
1282 provisions relating to the placement and installation
1283 of certain speed detection systems and components
1284 thereof; limiting the violations that may be captured
1285 by such speed detection systems; amending s. 316.0777,
1286 F.S.; authorizing a private property owner to install
1287 an automated license plate recognition system for use
1288 on certain property for a specified purpose or in
1289 connection with controlling or enforcement of access
1290 to property; prohibiting a private property owner that
1291 installs such a system from accessing certain data or
1292 sharing or selling certain images and data; providing
1293 exceptions; requiring such private property owners to
1294 contractually obligate certain third parties to
1295 protect certain images and data from disclosure;
1296 prohibiting such private property owners from offering
1297 or providing as payment or other consideration certain
1298 proceeds to a third party; providing an exception;
1299 providing noncriminal penalties for the unauthorized
1300 use or release of certain information; amending s.
1301 316.173, F.S.; revising procedures for certain
1302 administrative hearings; revising a limitation on the
1303 use of videos and images recorded as part of a school
1304 bus infraction detection system; requiring certain
1305 school districts to submit specified reports to the
1306 Department of Highway Safety and Motor Vehicles
1307 annually, rather than quarterly; requiring the
1308 department to publish such reports on its website;
1309 amending ss. 316.183 and 316.189, F.S.; authorizing
1310 counties and municipalities to set lower maximum speed
1311 limits in residence districts under certain
1312 circumstances; amending s. 316.1895, F.S.; requiring
1313 the use of flashing beacons under certain
1314 circumstances; providing that certain areas have until
1315 a specified date to place and install such beacons;
1316 amending s. 316.1896, F.S.; authorizing the
1317 enforcement of restrictive school zone speed limits
1318 through the use of speed detection systems only when
1319 flashing beacons are activated; providing that certain
1320 evidence is not required for a certain timeframe for
1321 speed detection systems installed before a certain
1322 date; providing that certain areas have until a
1323 specified date to place or install such beacons;
1324 revising the timeframe within which a person who
1325 receives a notice of violation is required to take
1326 certain action; revising the timeframe within which
1327 the registered owner of a vehicle must furnish a
1328 specified affidavit under certain circumstances;
1329 revising a limitation on the use of videos and images
1330 recorded as part of a speed detection system in a
1331 school zone; revising information that must be
1332 included in a specified report; deleting a provision
1333 authorizing the department to require the quarterly
1334 submission of certain data; requiring the department
1335 to publish such reports on its website; amending s.
1336 316.1906, F.S.; providing that certain radar and LiDAR
1337 units are not required to be on certain lists;
1338 amending s. 316.650, F.S.; revising provisions
1339 relating to traffic citations; amending s. 318.15,
1340 F.S.; revising provisions relating to penalties for
1341 certain failures to comply; amending s. 318.18, F.S.;
1342 providing exceptions to requirements that certain
1343 civil penalties be remitted to school districts;
1344 revising costs which a local hearing officer may order
1345 payment of under certain circumstances; amending s.
1346 320.02, F.S.; revising circumstances under which the
1347 department may withhold registration or reregistration
1348 of a motor vehicle; amending s. 320.061, F.S.;
1349 prohibiting a person from applying or attaching
1350 materials that interfere with the legibility, angular
1351 visibility, or detectability of, or that interfere
1352 with the ability to record, the primary features or
1353 details on a license plate; authorizing license plate
1354 frames that impinge upon information at certain
1355 locations under certain circumstances; amending s.
1356 320.0848, F.S.; including certain pregnancy-related
1357 conditions in the list of disabilities that qualify a
1358 person for a disabled parking permit; repealing s.
1359 320.0849, F.S., relating to expectant mother parking
1360 permits; amending s. 322.142, F.S.; authorizing the
1361 department to make and issue reproductions from
1362 certain files and digital records for identity
1363 verification purposes under certain circumstances;
1364 authorizing identity verification service providers to
1365 use department data for a specified purpose under
1366 certain conditions; prohibiting such providers from
1367 selling, sharing, or retaining certain information;
1368 prohibiting the department from allowing the use of
1369 digital imaged licenses for a private entity’s
1370 business purposes; amending s. 332.007, F.S.;
1371 authorizing the Department of Transportation to fund
1372 certain project costs at certain airports; prohibiting
1373 the department from requiring certain matching funds;
1374 authorizing the provision of certain funds as matching
1375 funds for certain eligible projects; amending s.
1376 337.11, F.S.; authorizing the department to make
1377 direct payments to a first-tier subcontractor;
1378 providing construction; requiring the department to
1379 adopt rules establishing certain procedures; providing
1380 requirements for such procedures; requiring that
1381 amounts paid to a first-tier subcontractor be deducted
1382 from amounts otherwise due to the contractor; amending
1383 s. 337.18, F.S.; requiring that a takeover agreement
1384 between the department and a surety set forth certain
1385 procedures; amending s. 339.175, F.S.; requiring
1386 metropolitan planning organizations serving specified
1387 counties to submit a certain feasibility report to the
1388 Governor and Legislature by a specified date, with
1389 certain goals; amending s. 339.85, F.S.; requiring the
1390 department to implement a Next-generation Traffic
1391 Signal Modernization Grant Program; providing the
1392 program’s purpose; requiring the department to
1393 implement a state-local partnership through a cost
1394 sharing arrangement; specifying requirements for such
1395 arrangement; authorizing the department to waive local
1396 match requirements for certain intersections;
1397 requiring the department to prioritize grant
1398 applications for certain intersections and use
1399 competitive procurement to find certain vendors;
1400 specifying program requirements; providing for an
1401 annual appropriation; amending s. 775.15, F.S.;
1402 extending the period of limitation for certain traffic
1403 violations upon receipt of specified affidavits;
1404 providing legislative findings and intent; defining
1405 terms; requiring the department to conduct a statewide
1406 study on advanced detection and monitoring systems at
1407 public railroad-highway crossings; providing
1408 requirements for the study; authorizing the department
1409 to consult with certain entities; requiring a report
1410 to the Governor and Legislature by a specified date;
1411 reenacting s. 318.121, F.S., relating to preemption of
1412 additional fees, fines, surcharges, and costs, to
1413 incorporate the amendment made to s. 318.18, F.S., in
1414 a reference thereto; providing effective dates.