Florida Senate - 2026 CS for CS for SB 1080
By the Committees on Rules; and Transportation; and Senator
DiCeglie
595-03386-26 20261080c2
1 A bill to be entitled
2 An act relating to transportation; requiring the
3 Department of Transportation and any impacted local
4 government to increase the minimum perception-reaction
5 time for steady yellow signals at certain
6 intersections by a specified amount of time; amending
7 s. 316.008, F.S.; authorizing enforcement of
8 restrictive school zone speed limits through the use
9 of speed detection systems under certain conditions;
10 providing that certain evidence is not required for a
11 certain timeframe for speed detection systems
12 installed before a certain date; revising
13 circumstances for which counties and municipalities
14 may place or install or contract to place or install
15 speed detection systems; providing requirements for
16 the physical placement of such speed detection
17 systems; amending s. 316.0083, F.S.; deleting a
18 provision prohibiting the issuance of certain notices
19 of violation and traffic citations for failure to stop
20 before crossing over a stop line or other point at
21 which a stop is required under certain circumstances;
22 defining the term “careful and prudent manner”;
23 providing that certain counties and municipalities are
24 responsible for and must maintain certain data for a
25 specified period; amending s. 316.0776, F.S.; revising
26 provisions relating to the placement and installation
27 of certain speed detection systems and components
28 thereof; limiting the violations that may be captured
29 by such speed detection systems; amending s. 316.0777,
30 F.S.; authorizing a private property owner to install
31 an automated license plate recognition system for use
32 on certain property for a specified purpose or in
33 connection with controlling or enforcement of access
34 to property; prohibiting a private property owner that
35 installs such a system from accessing certain data or
36 sharing or selling certain images and data; providing
37 exceptions; requiring such private property owners to
38 contractually obligate certain third parties to
39 protect certain images and data from disclosure;
40 prohibiting such private property owners from offering
41 or providing as payment or other consideration certain
42 proceeds to a third party; providing an exception;
43 providing noncriminal penalties for the unauthorized
44 use or release of certain information; amending s.
45 316.173, F.S.; revising procedures for certain
46 administrative hearings; revising a limitation on the
47 use of videos and images recorded as part of a school
48 bus infraction detection system; requiring certain
49 school districts to submit specified reports to the
50 Department of Highway Safety and Motor Vehicles
51 annually, rather than quarterly; requiring the
52 department to publish such reports on its website;
53 amending ss. 316.183 and 316.189, F.S.; authorizing
54 counties and municipalities to set lower maximum speed
55 limits in residence districts under certain
56 circumstances; amending s. 316.1895, F.S.; requiring
57 the use of flashing beacons under certain
58 circumstances; providing that certain areas have until
59 a specified date to place and install such beacons;
60 amending s. 316.1896, F.S.; authorizing the
61 enforcement of restrictive school zone speed limits
62 through the use of speed detection systems only when
63 flashing beacons are activated; providing that certain
64 evidence is not required for a certain timeframe for
65 speed detection systems installed before a certain
66 date; providing that certain areas have until a
67 specified date to place or install such beacons;
68 revising the timeframe within which a person who
69 receives a notice of violation is required to take
70 certain action; revising the timeframe within which
71 the registered owner of a vehicle must furnish a
72 specified affidavit under certain circumstances;
73 revising a limitation on the use of videos and images
74 recorded as part of a speed detection system in a
75 school zone; revising information that must be
76 included in a specified report; deleting a provision
77 authorizing the department to require the quarterly
78 submission of certain data; requiring the department
79 to publish such reports on its website; amending s.
80 316.1906, F.S.; providing that certain radar and LiDAR
81 units are not required to be on certain lists;
82 amending s. 316.650, F.S.; revising provisions
83 relating to traffic citations; amending s. 318.15,
84 F.S.; revising provisions relating to penalties for
85 certain failures to comply; amending s. 318.18, F.S.;
86 providing exceptions to requirements that certain
87 civil penalties be remitted to school districts;
88 revising costs which a local hearing officer may order
89 payment of under certain circumstances; amending s.
90 320.02, F.S.; revising circumstances under which the
91 department may withhold registration or reregistration
92 of a motor vehicle; amending s. 320.061, F.S.;
93 prohibiting a person from applying or attaching
94 materials that interfere with the legibility, angular
95 visibility, or detectability of, or that interfere
96 with the ability to record, the primary features or
97 details on a license plate; authorizing license plate
98 frames that impinge upon information at certain
99 locations under certain circumstances; amending s.
100 320.0848, F.S.; including certain pregnancy-related
101 conditions in the list of disabilities that qualify a
102 person for a disabled parking permit; repealing s.
103 320.0849, F.S., relating to expectant mother parking
104 permits; amending s. 322.142, F.S.; authorizing the
105 department to make and issue reproductions from
106 certain files and digital records for identity
107 verification purposes under certain circumstances;
108 authorizing identity verification service providers to
109 use department data for a specified purpose under
110 certain conditions; prohibiting such providers from
111 selling, sharing, or retaining certain information;
112 prohibiting the department from allowing the use of
113 digital imaged licenses for a private entity’s
114 business purposes; amending s. 332.007, F.S.;
115 authorizing the Department of Transportation to fund
116 certain project costs at certain airports; prohibiting
117 the department from requiring certain matching funds;
118 authorizing the provision of certain funds as matching
119 funds for certain eligible projects; amending s.
120 337.11, F.S.; authorizing the department to make
121 direct payments to a first-tier subcontractor;
122 providing construction; requiring the department to
123 adopt rules establishing certain procedures; providing
124 requirements for such procedures; requiring that
125 amounts paid to a first-tier subcontractor be deducted
126 from amounts otherwise due to the contractor; amending
127 s. 337.18, F.S.; requiring that a takeover agreement
128 between the department and a surety set forth certain
129 procedures; amending s. 339.175, F.S.; requiring
130 metropolitan planning organizations serving specified
131 counties to submit a certain feasibility report to the
132 Governor and Legislature by a specified date, with
133 certain goals; amending s. 339.85, F.S.; requiring the
134 department to implement a Next-generation Traffic
135 Signal Modernization Grant Program; providing the
136 program’s purpose; requiring the department to
137 implement a state-local partnership through a cost
138 sharing arrangement; specifying requirements for such
139 arrangement; authorizing the department to waive local
140 match requirements for certain intersections;
141 requiring the department to prioritize grant
142 applications for certain intersections and use
143 competitive procurement to find certain vendors;
144 specifying program requirements; providing for an
145 annual appropriation; amending s. 775.15, F.S.;
146 extending the period of limitation for certain traffic
147 violations upon receipt of specified affidavits;
148 providing legislative findings and intent; defining
149 terms; requiring the department to conduct a statewide
150 study on advanced detection and monitoring systems at
151 public railroad-highway crossings; providing
152 requirements for the study; authorizing the department
153 to consult with certain entities; requiring a report
154 to the Governor and Legislature by a specified date;
155 reenacting s. 318.121, F.S., relating to preemption of
156 additional fees, fines, surcharges, and costs, to
157 incorporate the amendment made to s. 318.18, F.S., in
158 a reference thereto; providing effective dates.
159
160 Be It Enacted by the Legislature of the State of Florida:
161
162 Section 1. The Department of Transportation and any
163 impacted local government shall increase the minimum perception
164 reaction time for each steady yellow signal located at an
165 intersection equipped with a traffic infraction detector by 0.4
166 seconds.
167 Section 2. Paragraphs (a) and (b) of subsection (9) of
168 section 316.008, Florida Statutes, are amended to read:
169 316.008 Powers of local authorities.—
170 (9)(a) A county or municipality may enforce the applicable
171 speed limit on a roadway properly maintained as a school zone
172 pursuant to s. 316.1895:
173 1. Within 30 minutes before through 30 minutes after the
174 start of a regularly scheduled breakfast program;
175 2. Within 30 minutes before through 30 minutes after the
176 start of a regularly scheduled school session;
177 3. During the entirety of a regularly scheduled school
178 session; and
179 4. Within 30 minutes before through 30 minutes after the
180 end of a regularly scheduled school session
181
182 through the use of a speed detection system for the detection of
183 speed and capturing of photographs or videos for violations in
184 excess of 10 miles per hour over the speed limit in force in the
185 school zone at the time of the violation. A school zone’s
186 compliance with s. 316.1895 creates a rebuttable presumption
187 that the school zone is properly maintained. The restrictive
188 school zone speed limit may only be enforced through the use of
189 a speed detection system when any flashing beacon used to
190 provide notice of the restrictive school zone speed limit is
191 activated. For speed detection systems installed before July 1,
192 2026, capturing the beacon status in photographic or video
193 evidence or by other evidence is not required for proof of the
194 beacon status until January 1, 2028. An area maintained as a
195 school zone which has no beacon installed before July 1, 2026,
196 has until January 1, 2028, to place and install a beacon, and,
197 until a beacon is installed, the county or municipality may
198 provide proof of the school zone speed limit in force at the
199 time of violation without evidence of the beacon status.
200 (b) A county or municipality may place or install, or
201 contract with a vendor to place or install, a speed detection
202 system within a roadway maintained as a school zone as provided
203 in s. 316.1895 to enforce unlawful speed limit violations in the
204 school zone, as specified in s. 316.1895 s. 316.1895(10) or s.
205 316.183, which are in excess of 10 miles per hour over the
206 school zone speed limit in force at the time of violation, on
207 that roadway. The physical placement of a speed detection system
208 may be outside the boundaries of the school zone but within the
209 roadway maintained as a school zone. Any notice of violation or
210 uniform traffic citation issued using a speed detection system
211 must be based solely on a violation occurring within the
212 boundaries of the school zone and during the times authorized
213 under this subsection.
214 Section 3. Present paragraph (c) of subsection (4) of
215 section 316.0083, Florida Statutes, is redesignated as paragraph
216 (d), a new paragraph (c) is added to that subsection, and
217 paragraph (a) of subsection (1), subsection (2), and paragraph
218 (b) of subsection (4) of that section are amended, to read:
219 316.0083 Mark Wandall Traffic Safety Program;
220 administration; report.—
221 (1)(a) For purposes of administering this section, the
222 department, a county, or a municipality may authorize a traffic
223 infraction enforcement officer under s. 316.640 to issue a
224 traffic citation for a violation of s. 316.074(1) or s.
225 316.075(1)(c)1. A notice of violation and a traffic citation may
226 not be issued for failure to stop at a red light if the driver
227 is making a right-hand turn in a careful and prudent manner at
228 an intersection where right-hand turns are permissible. A notice
229 of violation and a traffic citation may not be issued under this
230 section if the driver of the vehicle came to a complete stop
231 after crossing the stop line and before turning right if
232 permissible at a red light, but failed to stop before crossing
233 over the stop line or other point at which a stop is required.
234 This paragraph does not prohibit a review of information from a
235 traffic infraction detector by an authorized employee or agent
236 of the department, a county, or a municipality before issuance
237 of the traffic citation by the traffic infraction enforcement
238 officer. This paragraph does not prohibit the department, a
239 county, or a municipality from issuing notification as provided
240 in paragraph (b) to the registered owner of the motor vehicle
241 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
242 (2) A notice of violation and a traffic citation may not be
243 issued for failure to stop at a red light if the driver is
244 making a right-hand turn in a careful and prudent manner at an
245 intersection where right-hand turns are permissible. For
246 purposes of this subsection, the term “careful and prudent
247 manner” means that the driver made a right-hand turn after
248 coming to a complete stop and, in the traffic enforcement
249 officer’s determination, yielded to any pedestrian or bicyclist
250 and did not place a pedestrian or bicyclist in danger of injury
251 as a result of the right-hand turn, yielded to any other
252 vehicle, and substantially reduced the speed of the motor
253 vehicle before making the right-hand turn.
254 (4)
255 (b) Each county or municipality that operates a traffic
256 infraction detector shall submit a report by October 1,
257 annually, to the department which details the results of using
258 the traffic infraction detector and the procedures for
259 enforcement for the preceding state fiscal year. The information
260 submitted by the counties and municipalities must include:
261 1. The number of notices of violation issued, the number
262 that were contested, the number that were upheld, the number
263 that were dismissed, the number that were issued as uniform
264 traffic citations, the number that were paid, and the number in
265 each of the preceding categories for which the notice of
266 violation was issued for a right-hand turn violation.
267 2. A description of alternative safety countermeasures
268 taken before and after the placement or installation of a
269 traffic infraction detector.
270 3. Statistical data and information required by the
271 department to complete the summary report required under
272 paragraph (d) (c).
273
274 The department must publish each report submitted by a county or
275 municipality pursuant to this paragraph on its website.
276 (c) Each county or municipality that operates a traffic
277 infraction detector is responsible for and shall maintain its
278 respective data for reporting purposes under this subsection for
279 at least 2 years after such data is reported to the department.
280 Section 4. Subsection (3) of section 316.0776, Florida
281 Statutes, is amended to read:
282 316.0776 Traffic infraction detectors; speed detection
283 systems; placement and installation.—
284 (3) A speed detection system authorized by s. 316.008(9)
285 may be placed or installed anywhere in an area maintained, as
286 defined in s. 316.1895(3)(d), as a school zone on a state road
287 when permitted by the Department of Transportation and in
288 accordance with placement and installation specifications
289 developed by the Department of Transportation. The speed
290 detection system may be placed or installed anywhere in an area
291 maintained, as defined in s. 316.1895(3)(d), as a school zone on
292 a street or highway under the jurisdiction of a county or a
293 municipality in accordance with placement and installation
294 specifications established by the Department of Transportation.
295 The placement and installation specifications must allow the
296 placement of a speed detection system or components thereof
297 outside the boundaries of the school zone but within the area
298 maintained as a school zone. The speed detection system may only
299 capture violations occurring within the school zone and during
300 the times authorized under s. 316.008(9), regardless of the
301 placement of the speed detection system or its components The
302 Department of Transportation must establish such placement and
303 installation specifications by December 31, 2023.
304 (a) If a county or municipality places or installs a speed
305 detection system as authorized by s. 316.008(9), the county or
306 municipality must notify the public that a speed detection
307 system may be in use by posting signage indicating photographic
308 or video enforcement of the school zone speed limits. Such
309 signage shall clearly designate the time period during which the
310 school zone speed limits are enforced using a speed detection
311 system and must meet the placement and installation
312 specifications established by the Department of Transportation.
313 For a speed detection system enforcing violations of s. 316.1895
314 or s. 316.183 on a roadway maintained as a school zone, this
315 paragraph governs the signage notifying the public of the use of
316 a speed detection system.
317 (b) If a county or municipality begins a school zone speed
318 detection system program in a county or municipality that has
319 never conducted such a program, the respective county or
320 municipality must make a public announcement and conduct a
321 public awareness campaign of the proposed use of speed detection
322 systems at least 30 days before commencing enforcement under the
323 speed detection system program and must notify the public of the
324 specific date on which the program will commence. During the 30
325 day public awareness campaign, only a warning may be issued to
326 the registered owner of a motor vehicle for a violation of s.
327 316.1895 or s. 316.183 enforced by a speed detection system, and
328 liability may not be imposed for the civil penalty under s.
329 318.18(3)(d).
330 (c) A county or municipality that operates one or more
331 school zone speed detection systems must annually report the
332 results of all systems within the county’s or municipality’s
333 jurisdiction by placing the report required under s.
334 316.1896(16)(a) as a single reporting item on the agenda of a
335 regular or special meeting of the county’s or municipality’s
336 governing body. Before a county or municipality contracts or
337 renews a contract to place or install a speed detection system
338 in a school zone pursuant to s. 316.008(9), the county or
339 municipality must approve the contract or contract renewal at a
340 regular or special meeting of the county’s or municipality’s
341 governing body.
342 1. Interested members of the public must be allowed to
343 comment regarding the report, contract, or contract renewal
344 under the county’s or municipality’s public comment policies or
345 formats, and the report, contract, or contract renewal may not
346 be considered as part of a consent agenda.
347 2. The report required under this paragraph must include a
348 written summary, which must be read aloud at the regular or
349 special meeting, and the summary must contain, for the same time
350 period pertaining to the annual report to the department under
351 s. 316.1896(16)(a), the number of notices of violation issued,
352 the number that were contested, the number that were upheld, the
353 number that were dismissed, the number that were issued as
354 uniform traffic citations, and the number that were paid and how
355 collected funds were distributed and in what amounts. The county
356 or municipality must report to the department that the county’s
357 or municipality’s annual report was considered in accordance
358 with this paragraph, including the date of the regular or
359 special meeting at which the annual report was considered.
360 3. The compliance or sufficiency of compliance with this
361 paragraph may not be raised in a proceeding challenging a
362 violation of s. 316.1895 or s. 316.183 enforced by a speed
363 detection system in a school zone.
364 Section 5. Effective October 1, 2026, present subsections
365 (3), (4), and (5) of section 316.0777, Florida Statutes, are
366 redesignated as subsections (4), (5), and (6), respectively, and
367 a new subsection (3) and subsection (7) are added to that
368 section, to read:
369 316.0777 Automated license plate recognition systems;
370 installation within rights-of-way of State Highway System and on
371 and within property owned or controlled by private entity;
372 public records exemption.—
373 (3) A private property owner may install an automated
374 license plate recognition system solely for use on and within
375 the property owned or controlled by the property owner. A
376 private property owner that installs or directs the installation
377 of such a system:
378 (a) May not access vehicle registration or title data for
379 vehicles identified by the system, unless the private property
380 owner is acting to the extent permitted by the Driver’s Privacy
381 Protection Act, 18 U.S.C. ss. 2721-2725, or for the limited
382 purpose of providing notice to vehicle owners that they failed
383 to pay for parking and that such failure has resulted in a
384 parking charge pursuant to s. 715.075.
385 (b) May not share or sell images, personal identifying
386 information, vehicle identification numbers or license plate
387 numbers, or any data that could be reasonably connected to an
388 individual collected or generated by the system, except:
389 1. To the extent required to respond to a lawful request
390 from a criminal justice agency;
391 2. To the extent required to control or enforce access to
392 the property or for parking enforcement;
393 3. To the extent sharing such information is necessary to
394 report suspicious activity or suspected criminal activity to a
395 criminal justice agency; or
396 4. To the extent permitted by the Driver’s Privacy
397 Protection Act, 18 U.S.C. ss. 2721-2725.
398 (c) Must contractually obligate any third party that
399 installs, maintains, or operates the system or receives
400 information pursuant to subparagraph (b)2. to protect the images
401 or data collected or generated by the system from disclosure,
402 including a prohibition on sharing or selling such images or
403 data, except to the extent authorized under paragraph (b).
404 (d) Must implement, and must contractually obligate any
405 third party that installs, maintains, or operates the system or
406 receives information pursuant to subparagraph (b)2. to
407 implement, all of the following:
408 1. Industry-recognized encryption protocols to ensure that
409 images and associated data collected or generated by the system
410 are encrypted in transmission and at rest.
411 2. An auditable access control system that records access
412 to images and associated data.
413 3. A data retention schedule that provides for deletion of
414 images and data no later than 30 days after the images or data
415 is collected or generated by the system, except to the extent
416 needed to comply with a court order or subpoena, comply with the
417 appeal process provided in s. 715.075(1)(c) and (d), or collect
418 an unpaid invoice for parking enforcement. Records detailing
419 disclosure logs or transaction information may be retained
420 longer in accordance with federal law.
421 (e) May not offer or provide as payment or other
422 consideration any portion of the proceeds derived from a fine or
423 charge imposed based on images or data collected or generated by
424 the system to any third party that installs, maintains, or
425 operates the system, except to the extent that the fine or
426 violation is issued in connection with controlling or enforcing
427 access to such property or for parking enforcement.
428 (7) A person who uses or releases information in violation
429 of this section commits a noncriminal infraction, punishable by
430 a fine not exceeding $2,000.
431 Section 6. Paragraph (b) of subsection (6), paragraph (a)
432 of subsection (17), and paragraph (a) of subsection (18) of
433 section 316.173, Florida Statutes, are amended to read:
434 316.173 School bus infraction detection systems.—
435 (6)
436 (b) Procedures for an administrative hearing conducted
437 under this subsection are as follows:
438 1. The department shall make available electronically to
439 the school district or its designee or the county a Request for
440 Hearing form to assist each district or county with
441 administering this subsection.
442 2. The school district shall assign existing staff to serve
443 as the clerk to the local hearing officer. A person, referred to
444 in this paragraph as the petitioner, who elects to request a
445 hearing under this subsection shall be scheduled for a hearing
446 by the clerk to the local hearing officer. The hearing may be
447 conducted either virtually via live video conferencing or in
448 person.
449 3. Within 120 days after receipt of a timely request for a
450 hearing, the law enforcement agency or its designee shall
451 provide a replica of the notice of violation data to the school
452 district or county by manual or electronic transmission, and
453 thereafter the school district or its designee or the county
454 shall mail a notice of hearing, which shall include a hearing
455 date and may at the discretion of the district or county include
456 virtual and in-person hearing options, to the petitioner by
457 first-class mail. Mailing of the notice of hearing constitutes
458 notification. Upon receipt of the notice of hearing, the
459 petitioner may reschedule the hearing up to two times once by
460 submitting a written request to the local hearing officer at
461 least 5 calendar days before the day of the originally scheduled
462 hearing. The petitioner may cancel his or her hearing by paying
463 the penalty assessed in the notice of violation.
464 4. All testimony at the hearing shall be under oath. The
465 local hearing officer shall take testimony from a representative
466 of the law enforcement agency and the petitioner, and may take
467 testimony from others. The local hearing officer shall review
468 the video and images recorded by a school bus infraction
469 detection system. Formal rules of evidence do not apply, but due
470 process shall be observed and govern the proceedings.
471 5. At the conclusion of the hearing, the local hearing
472 officer shall determine by a preponderance of the evidence
473 whether a violation has occurred and shall uphold or dismiss the
474 violation. The local hearing officer shall issue a final
475 administrative order including the determination and, if the
476 notice of violation is upheld, require the petitioner to pay the
477 civil penalty previously assessed in the notice of violation,
478 and may shall also require the petitioner to pay costs, not to
479 exceed those established in s. 316.0083(5)(e), to be used by the
480 county for operational costs relating to the hearing process or
481 by the school district for technology and operational costs
482 relating to the hearing process as well as school transportation
483 safety-related initiatives. The final administrative order shall
484 be mailed to the petitioner by first-class mail.
485 6. An aggrieved party may appeal a final administrative
486 order consistent with the process provided in s. 162.11.
487 (17)(a)1. A school bus infraction detection system may not
488 be used for remote surveillance. The collection of evidence by a
489 school bus infraction detection system to enforce violations of
490 s. 316.172 does not constitute remote surveillance.
491 2. Notwithstanding any other provision of law, video and
492 images recorded as part of a school bus infraction detection
493 system may only be used for traffic enforcement and for purposes
494 of determining criminal or civil liability for incidents
495 captured by the school bus infraction detection system
496 incidental to the permissible use of the school bus infraction
497 detection system.
498 3. To the extent practicable, a school bus infraction
499 detection system must use necessary technology to ensure that
500 personal identifying information contained in the video or still
501 images recorded by the system which is not relevant to the
502 alleged violation, including, but not limited to, the identity
503 of the driver and any passenger of a motor vehicle, the interior
504 or contents of a motor vehicle, the identity of an uninvolved
505 person, a number identifying the address of a private residence,
506 and the contents or interior of a private residence, is
507 sufficiently obscured so as not to reveal such personal
508 identifying information.
509 4. A notice of a violation or uniform traffic citation
510 issued under this section may not be dismissed solely because a
511 recorded video or still images reveal personal identifying
512 information as provided in subparagraph 3. as long as a
513 reasonable effort has been made to comply with this subsection.
514 (18)(a) By October 1, annually 2023, and quarterly
515 thereafter, each school district operating a school bus
516 infraction detection system must submit, in consultation with
517 the law enforcement agencies with which it has interlocal
518 agreements pursuant to this section, a report to the department
519 which details the results of the school bus infraction detection
520 systems in the school district in the preceding state fiscal
521 year. The department shall publish each report on its website
522 quarter. The information from the school districts must be
523 submitted in a form and manner determined by the department,
524 which the department must make available to the school districts
525 by August 1, 2023, and must include at least the following:
526 1. The number of school buses that have a school bus
527 infraction detection system installed, including the date of
528 installation and, if applicable, the date the systems were
529 removed.
530 2. The number of notices of violations issued, the number
531 that were contested, the number that were upheld, the number
532 that were dismissed, the number that were issued as uniform
533 traffic citations, and the number that were paid.
534 3. Data for each infraction to determine locations in need
535 of safety improvements. Such data may include, but is not
536 limited to, global positioning system coordinates of the
537 infraction, the date and time of the infraction, and the name of
538 the school that the school bus was transporting students to or
539 from.
540 4. Any other statistical data and information required by
541 the department to complete the report required by paragraph (c).
542 Section 7. Subsection (2) of section 316.183, Florida
543 Statutes, is amended to read:
544 316.183 Unlawful speed.—
545 (2) On all streets or highways, the maximum speed limits
546 for all vehicles must be 30 miles per hour in business or
547 residence districts, and 55 miles per hour at any time at all
548 other locations. However, with respect to a residence district,
549 a county or municipality may set a lower maximum speed limit of
550 20 or 25 miles per hour on local streets and highways after an
551 investigation determines that such a limit is reasonable. It is
552 not necessary to conduct a separate investigation for each
553 residence district. The minimum speed limit on all highways that
554 comprise a part of the National System of Interstate and Defense
555 Highways and have not fewer than four lanes is 40 miles per
556 hour, except that when the posted speed limit is 70 miles per
557 hour, the minimum speed limit is 50 miles per hour.
558 Section 8. Paragraph (a) of subsection (2) of section
559 316.189, Florida Statutes, is amended to read:
560 316.189 Establishment of municipal and county speed zones.—
561 (2) SPEED ON COUNTY ROADS.—The maximum speed on any county
562 maintained road is:
563 (a) In any business or residence district, 30 miles per
564 hour in the daytime or nighttime; provided that with respect to
565 residence districts a county may set a lower maximum speed limit
566 of 25 miles per hour after an investigation determines that such
567 a limit is reasonable; and it shall not be necessary to conduct
568 a separate investigation in each residence district.
569
570 However, the board of county commissioners may set speed zones
571 altering such speeds, both as to maximum and minimum, after
572 investigation determines such a change is reasonable and in
573 conformity to criteria promulgated by the Department of
574 Transportation, except that no such speed zone shall permit a
575 speed of more than 60 miles per hour.
576 Section 9. Subsection (6) of section 316.1895, Florida
577 Statutes, is amended to read:
578 316.1895 Establishment of school speed zones, enforcement;
579 designation.—
580 (6) Permanent signs designating school zones and school
581 zone speed limits shall be uniform in size and color, and shall
582 have the times during which the restrictive school zone speed
583 limit is enforced clearly designated thereon. Flashing beacons
584 activated by a time clock, or other automatic device, or
585 manually activated may be used as an alternative to posting the
586 times during which the restrictive school zone speed limit is
587 enforced. However, if a restrictive school zone speed limit is
588 enforced through a speed detection system as provided in s.
589 316.1896, the school zone and restrictive school zone speed
590 limit must be designated using flashing beacons. An area
591 maintained as a school zone that has no flashing beacon
592 installed before July 1, 2026, has until January 1, 2028, to
593 place and install a beacon. Beginning July 1, 2008, for any
594 newly established school zone or any school zone in which the
595 signing has been replaced, a sign stating “Speeding Fines
596 Doubled” shall be installed within the school zone. The
597 Department of Transportation shall establish adequate standards
598 for the signs and flashing beacons.
599 Section 10. Subsections (1), (2), (3), (6), and (8),
600 paragraph (a) of subsection (15), and paragraph (a) of
601 subsection (16) of section 316.1896, Florida Statutes, are
602 amended to read:
603 316.1896 Roadways maintained as school zones; speed
604 detection system enforcement; penalties; appeal procedure;
605 privacy; reports.—
606 (1) For purposes of administering this section, a county or
607 municipality may authorize a traffic infraction enforcement
608 officer under s. 316.640 to issue uniform traffic citations for
609 violations of ss. 316.1895 and 316.183 as authorized by s.
610 316.008(9), as follows:
611 (a) For a violation of s. 316.1895 in excess of 10 miles
612 per hour over the school zone speed limit which occurs within 30
613 minutes before through 30 minutes after the start of a regularly
614 scheduled breakfast program.
615 (b) For a violation of s. 316.1895 in excess of 10 miles
616 per hour over the school zone speed limit which occurs within 30
617 minutes before through 30 minutes after the start of a regularly
618 scheduled school session.
619 (c) For a violation of s. 316.183 in excess of 10 miles per
620 hour over the posted speed limit during the entirety of a
621 regularly scheduled school session.
622 (d) For a violation of s. 316.1895 in excess of 10 miles
623 per hour over the school zone speed limit which occurs within 30
624 minutes before through 30 minutes after the end of a regularly
625 scheduled school session.
626
627 Such violation must be evidenced by a speed detection system
628 described in ss. 316.008(9) and 316.0776(3). This subsection
629 does not prohibit a review of information from a speed detection
630 system by an authorized employee or agent of a county or
631 municipality before issuance of the uniform traffic citation by
632 the traffic infraction enforcement officer. This subsection does
633 not prohibit a county or municipality from issuing notices as
634 provided in subsection (2) to the registered owner of the motor
635 vehicle for a violation of s. 316.1895 or s. 316.183. The
636 restrictive school zone speed limit may only be enforced through
637 the use of a speed detection system when any flashing beacon
638 used to provide notice of the restrictive school zone speed
639 limit is activated. For speed detection systems installed before
640 July 1, 2026, capturing the beacon status in photographic or
641 video evidence or by other evidence is not required for proof of
642 the beacon status until January 1, 2028. An area maintained as a
643 school zone which has no beacon installed before July 1, 2026,
644 has until January 1, 2028, to place and install a beacon, and,
645 until the beacon is installed, the county or municipality may
646 provide proof of the school zone speed limit in force at the
647 time of violation without evidence of the beacon status.
648 (2) Within 30 days after a violation, notice must be sent
649 to the registered owner of the motor vehicle involved in the
650 violation specifying the remedies available under s. 318.14 and
651 that the violator must pay the penalty under s. 318.18(3)(d) to
652 the county or municipality, or furnish an affidavit in
653 accordance with subsection (8), within 60 30 days after the date
654 of the notice of violation in order to avoid court fees, costs,
655 and the issuance of a uniform traffic citation. The notice of
656 violation must:
657 (a) Be sent by first-class mail.
658 (b) Include a photograph or other recorded image showing
659 the license plate of the motor vehicle; the date, time, and
660 location of the violation; the maximum speed at which the motor
661 vehicle was traveling within the school zone; and the speed
662 limit within the school zone at the time of the violation.
663 (c) Include a notice that the owner has the right to
664 review, in person or remotely, the photograph or video captured
665 by the speed detection system and the evidence of the speed of
666 the motor vehicle detected by the speed detection system which
667 constitute a rebuttable presumption that the motor vehicle was
668 used in violation of s. 316.1895 or s. 316.183.
669 (d) State the time when, and the place or website at which,
670 the photograph or video captured and evidence of speed detected
671 may be examined and observed.
672 (3) Notwithstanding any other law, a person who receives a
673 notice of violation under this section may request a hearing
674 within 60 30 days after the notice of violation or may pay the
675 penalty pursuant to the notice of violation, but a payment or
676 fee may not be required before the hearing requested by the
677 person. The notice of violation must be accompanied by, or
678 direct the person to a website that provides, information on the
679 person’s right to request a hearing and on all costs related
680 thereto and a form used for requesting a hearing. As used in
681 this subsection, the term “person” includes a natural person,
682 the registered owner or co-owner of a motor vehicle, or the
683 person identified in an affidavit as having actual care,
684 custody, or control of the motor vehicle at the time of the
685 violation.
686 (6) A uniform traffic citation must be issued by mailing
687 the uniform traffic citation by certified mail to the address of
688 the registered owner of the motor vehicle involved in the
689 violation if payment has not been made within 60 30 days after
690 notification under subsection (2), if the registered owner has
691 not requested a hearing as authorized under subsection (3), and
692 if the registered owner has not submitted an affidavit in
693 accordance with subsection (8).
694 (a) Delivery of the uniform traffic citation constitutes
695 notification of a violation under this subsection. If the
696 registered owner or co-owner of the motor vehicle; the person
697 identified as having care, custody, or control of the motor
698 vehicle at the time of the violation; or a duly authorized
699 representative of the owner, co-owner, or identified person
700 initiates a proceeding to challenge the citation pursuant to
701 this section, such person waives any challenge or dispute as to
702 the delivery of the uniform traffic citation.
703 (b) In the case of joint ownership of a motor vehicle, the
704 uniform traffic citation must be mailed to the first name
705 appearing on the motor vehicle registration, unless the first
706 name appearing on the registration is a business organization,
707 in which case the second name appearing on the registration may
708 be used.
709 (c) The uniform traffic citation mailed to the registered
710 owner of the motor vehicle involved in the infraction must be
711 accompanied by the information described in paragraphs (2)(b)
712 (d).
713 (8) To establish such facts under subsection (7), the
714 registered owner of the motor vehicle must, within 60 30 days
715 after the date of issuance of the notice of violation or the
716 uniform traffic citation, furnish to the appropriate
717 governmental entity an affidavit setting forth information
718 supporting an exception under subsection (7).
719 (a) An affidavit supporting the exception under paragraph
720 (7)(a) must include the name, address, date of birth, and, if
721 known, the driver license number of the person who leased,
722 rented, or otherwise had care, custody, or control of the motor
723 vehicle at the time of the alleged violation. If the motor
724 vehicle was stolen at the time of the alleged violation, the
725 affidavit must include the police report indicating that the
726 motor vehicle was stolen.
727 (b) If a uniform traffic citation for a violation of s.
728 316.1895 or s. 316.183 was issued at the location of the
729 violation by a law enforcement officer, the affidavit must
730 include the serial number of the uniform traffic citation.
731 (c) If the motor vehicle’s owner to whom a notice of
732 violation or a uniform traffic citation has been issued is
733 deceased, the affidavit must include a certified copy of the
734 owner’s death certificate showing that the date of death
735 occurred on or before the date of the alleged violation and one
736 of the following:
737 1. A bill of sale or other document showing that the
738 deceased owner’s motor vehicle was sold or transferred after his
739 or her death but on or before the date of the alleged violation.
740 2. Documented proof that the registered license plate
741 belonging to the deceased owner’s motor vehicle was returned to
742 the department or any branch office or authorized agent of the
743 department after his or her death but on or before the date of
744 the alleged violation.
745 3. A copy of the police report showing that the deceased
746 owner’s registered license plate or motor vehicle was stolen
747 after his or her death but on or before the date of the alleged
748 violation.
749
750 Upon receipt of the affidavit and documentation required under
751 paragraphs (b) and (c), or 60 30 days after the date of issuance
752 of a notice of violation sent to a person identified as having
753 care, custody, or control of the motor vehicle at the time of
754 the violation under paragraph (a), the county or municipality
755 must dismiss the notice or citation and provide proof of such
756 dismissal to the person who submitted the affidavit. If, within
757 30 days after the date of a notice of violation sent to a person
758 under subsection (9), the county or municipality receives an
759 affidavit under subsection (10) from the person sent a notice of
760 violation affirming that the person did not have care, custody,
761 or control of the motor vehicle at the time of the violation,
762 the county or municipality must notify the registered owner that
763 the notice or citation will not be dismissed due to failure to
764 establish that another person had care, custody, or control of
765 the motor vehicle at the time of the violation.
766 (15)(a) A speed detection system in a school zone may not
767 be used for remote surveillance. The collection of evidence by a
768 speed detection system to enforce violations of ss. 316.1895 and
769 316.183, or user-controlled pan or tilt adjustments of speed
770 detection system components, do not constitute remote
771 surveillance. Notwithstanding any other law, recorded video or
772 photographs collected as part of a speed detection system in a
773 school zone may only be used to document violations of ss.
774 316.1895 and 316.183 and for purposes of determining criminal or
775 civil liability for incidents captured by the speed detection
776 system incidental to the permissible use of the speed detection
777 system.
778 (16)(a) Each county or municipality that operates one or
779 more speed detection systems shall must submit a report by
780 October 1, 2024, and annually thereafter, to the department
781 which identifies the public safety objectives used to identify a
782 school zone for enforcement under this section, reports
783 compliance with s. 316.0776(3)(c), and details the results of
784 the speed detection system in the school zone during the
785 preceding state fiscal year and the procedures for enforcement.
786 The information from counties and municipalities must be
787 submitted in a form and manner determined by the department,
788 which the department must make available to the counties and
789 municipalities by August 1, 2023, and the department may require
790 data components to be submitted quarterly. The report must
791 include at least the following:
792 1. Information related to the location of each speed
793 detection system, including the geocoordinates of the school
794 zone, the directional approach of the speed detection system,
795 the school name, the school level, the times the speed detection
796 system was active, the restrictive restricted school zone speed
797 limit enforced pursuant to s. 316.1895(5), the posted speed
798 limit enforced at times other than those authorized by s.
799 316.1895(5), the date the systems were activated to enforce
800 violations of ss. 316.1895 and 316.183, and, if applicable, the
801 date the systems were deactivated.
802 2. The number of notices of violation issued, the number,
803 if any, that were issued outside of the enforcement periods
804 authorized in subsection (1), the number that were contested,
805 the number that were upheld, the number that were dismissed, the
806 number that were issued as uniform traffic citations, and the
807 number that were paid.
808 3. Any other statistical data and information related to
809 the procedures for enforcement which is required by the
810 department to complete the report required under paragraph (c).
811
812 The department must publish each report submitted by a county or
813 municipality pursuant to this paragraph on its website.
814 Section 11. Subsection (3) of section 316.1906, Florida
815 Statutes, is amended to read:
816 316.1906 Radar speed-measuring devices; speed detection
817 systems; evidence, admissibility.—
818 (3) A speed detection system is exempt from the design
819 requirements for radar or LiDAR units established by the
820 department, and the radar or LiDAR units used in the speed
821 detection system are not required to be on any approved list of
822 the department. A speed detection system must have the ability
823 to perform self-tests as to its detection accuracy. The system
824 must perform a self-test at least once every 30 days. The law
825 enforcement agency, or an agent acting on behalf of the law
826 enforcement agency, operating a speed detection system must
827 maintain a log of the results of the system’s self-tests. The
828 law enforcement agency, or an agent acting on behalf of the law
829 enforcement agency, operating a speed detection system must also
830 perform an independent calibration test on the speed detection
831 system at least once every 12 months. The self-test logs, as
832 well as the results of the annual calibration test, are
833 admissible in any court proceeding for a uniform traffic
834 citation issued for a violation of s. 316.1895 or s. 316.183
835 enforced pursuant to s. 316.1896. Notwithstanding subsection
836 (2), evidence of the speed of a motor vehicle detected by a
837 speed detection system compliant with this subsection and the
838 determination by a traffic enforcement officer that a motor
839 vehicle is operating in excess of the applicable speed limit is
840 admissible in any proceeding with respect to an alleged
841 violation of law regulating the speed of motor vehicles in
842 school zones.
843 Section 12. Paragraph (c) of subsection (3) of section
844 316.650, Florida Statutes, is amended to read:
845 316.650 Traffic citations.—
846 (3)
847 (c) If a traffic citation is issued under s. 316.0083 or s.
848 316.1896, the traffic infraction enforcement officer, or, if the
849 citation is issued under s. 316.173, the law enforcement
850 officer, must shall provide by electronic transmission a replica
851 of the traffic citation data to the court having jurisdiction
852 over the alleged offense or its traffic violations bureau within
853 5 business days after the date of issuance of the traffic
854 citation to the violator. If a hearing is requested, the traffic
855 infraction enforcement officer or law enforcement officer, as
856 applicable, must shall provide a replica of the traffic notice
857 of violation data to the clerk to for the local hearing officer
858 having jurisdiction over the alleged offense within 14 days.
859 Section 13. Subsection (3) of section 318.15, Florida
860 Statutes, is amended to read:
861 318.15 Failure to comply with civil penalty or to appear;
862 penalty.—
863 (3) The clerk of the court or the clerk to the local
864 hearing officer shall notify the department of persons who were
865 mailed a notice of violation of s. 316.074(1) or s.
866 316.075(1)(c)1. pursuant to s. 316.0083, s. 316.172(1)(a) or (b)
867 pursuant to s. 316.173, or s. 316.183 or s. 316.1895(10)
868 pursuant to s. 316.1896 and who failed to enter into, or comply
869 with the terms of, a penalty payment plan, or order with the
870 clerk to the local hearing officer or failed to appear at a
871 scheduled hearing within 10 days after such failure, and shall
872 reference the person’s driver license number, or in the case of
873 a business entity, vehicle registration number.
874 (a) Upon receipt of such notice, the department, or
875 authorized agent thereof, may not issue a license plate or
876 revalidation sticker for any motor vehicle owned or co-owned by
877 that person pursuant to s. 320.03(8) until the amounts assessed
878 have been fully paid.
879 (b) After the issuance of the person’s license plate or
880 revalidation sticker is withheld pursuant to paragraph (a), the
881 person may challenge the withholding of the license plate or
882 revalidation sticker only on the basis that the outstanding
883 fines and civil penalties have been paid pursuant to s.
884 320.03(8).
885 Section 14. Paragraphs (a), (b), and (c) of subsection (5)
886 and subsection (23) of section 318.18, Florida Statutes, are
887 amended to read:
888 318.18 Amount of penalties.—The penalties required for a
889 noncriminal disposition pursuant to s. 318.14 or a criminal
890 offense listed in s. 318.17 are as follows:
891 (5)(a)1. Except as provided in subparagraph 2., $200 for a
892 violation of s. 316.172(1)(a), failure to stop for a school bus.
893 If, at a hearing, the alleged offender is found to have
894 committed this offense, the court shall impose a minimum civil
895 penalty of $200. In addition to this penalty, for a second or
896 subsequent offense within a period of 5 years, the department
897 shall suspend the driver license of the person for not less than
898 180 days and not more than 1 year.
899 2. If a violation of s. 316.172(1)(a) is enforced by a
900 school bus infraction detection system pursuant to s. 316.173,
901 the penalty of $200 shall be imposed. If, at an administrative
902 hearing contesting a notice of violation or uniform traffic
903 citation, the alleged offender is found to have committed this
904 offense, a minimum civil penalty of $200 shall be imposed.
905 Notwithstanding any other provision of law except s. 28.37(6),
906 the civil penalties assessed under this subparagraph resulting
907 from a notice of violation or uniform traffic citation shall be
908 remitted to the school district at least monthly and used
909 pursuant to s. 316.173(8).
910 (b)1. Except as provided in subparagraph 2., $400 for a
911 violation of s. 316.172(1)(b), passing a school bus on the side
912 that children enter and exit when the school bus displays a stop
913 signal. If, at a hearing, the alleged offender is found to have
914 committed this offense, the court shall impose a minimum civil
915 penalty of $400.
916 2. If a violation of s. 316.172(1)(b) is enforced by a
917 school bus infraction detection system pursuant to s. 316.173,
918 the penalty under this subparagraph is a minimum of $200. If, at
919 a hearing contesting a notice of violation or uniform traffic
920 citation, the alleged offender is found to have committed this
921 offense, the court shall impose a minimum civil penalty of $200.
922 Notwithstanding any other provision of law except s. 28.37(6),
923 the civil penalties assessed under this subparagraph resulting
924 from notice of violation or uniform traffic citation shall be
925 remitted to the school district at least monthly and used
926 pursuant to s. 316.173(8).
927 3. In addition to this penalty, for a second or subsequent
928 offense within a period of 5 years, the department shall suspend
929 the driver license of the person for not less than 360 days and
930 not more than 2 years.
931 (c)1. In addition to the penalty under subparagraph (a)2.
932 or subparagraph (b)2., if, at an administrative hearing
933 contesting a notice of violation, the alleged offender is found
934 to have committed this offense, costs shall be imposed, not to
935 exceed those established in s. 316.0083(5)(e), to be paid by the
936 petitioner and to be used by the county for the operational
937 costs related to the hearing or the school district for
938 technology and operational costs relating to the hearing as well
939 as school transportation safety-related initiatives.
940 Notwithstanding any other provision of law, if a county’s local
941 hearing officer administers the administrative hearing process
942 for a contested notice of violation, the costs imposed under
943 this subparagraph resulting from notice of violation shall be
944 remitted to the county at least monthly.
945 2. In addition to the penalty under paragraph (a) or
946 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
947 If the alleged offender is found to have committed the offense,
948 the court shall impose the civil penalty under paragraph (a) or
949 paragraph (b) plus an additional $65. The additional $65
950 collected under this subparagraph shall be remitted to the
951 Department of Revenue for deposit into the Emergency Medical
952 Services Trust Fund of the Department of Health to be used as
953 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
954 (b) is enforced by a school bus infraction detection system
955 pursuant to s. 316.173, an the additional civil penalty amount
956 imposed on a notice of violation, on a uniform traffic citation,
957 or by the court under this paragraph must be $25, in lieu of the
958 additional $65, and, notwithstanding any other provision of law,
959 the additional civil penalties and additional costs must be
960 remitted to the participating school district at least monthly
961 and used pursuant to s. 316.173(8).
962 (23) In addition to the penalty prescribed under s.
963 316.0083, s. 316.173, s. 316.183, s. 316.1895, or s. 316.1896
964 for violations enforced under those sections s. 316.0083 which
965 are upheld by the local hearing officer, the local hearing
966 officer may also order the payment of county, or municipal, or
967 school district costs, not to exceed $250.
968 Section 15. Subsection (12) of section 320.02, Florida
969 Statutes, is amended to read:
970 320.02 Registration required; application for registration;
971 forms.—
972 (12) The department is authorized to withhold registration
973 or reregistration of any motor vehicle if the owner, or one of
974 the co-owners of the vehicle:,
975 (a) Has a driver license which is under suspension for the
976 failure to remit payment of any fines levied in this state
977 pursuant to chapter 318 or chapter 322; or
978 (b) Received a traffic citation for a violation of s.
979 316.074(1) or s. 316.075(1)(c)1. as enforced by s. 316.0083, s.
980 316.172(1)(a) or (b) as enforced by s. 316.173, or s. 316.183 or
981 s. 316.1895(10) as enforced by s. 316.1896 and did not request a
982 hearing, submit an affidavit claiming an exception, or pay the
983 traffic citation.
984 Section 16. Section 320.061, Florida Statutes, is amended
985 to read:
986 320.061 Unlawful to alter motor vehicle registration
987 certificates, license plates, temporary license plates, mobile
988 home stickers, or validation stickers or to obscure license
989 plates; penalty.—A person may not alter the original appearance
990 of a vehicle registration certificate, license plate, temporary
991 license plate, mobile home sticker, or validation sticker issued
992 for and assigned to a motor vehicle or mobile home, whether by
993 mutilation, alteration, defacement, or change of color or in any
994 other manner. A person may not apply or attach a substance,
995 reflective matter, illuminated device, spray, coating, covering,
996 or other material onto or around any license plate which
997 interferes with the legibility, angular visibility, or
998 detectability of the primary features or details, including the
999 license plate number or validation sticker, any feature or
1000 detail on the license plate or interferes with the ability to
1001 record the primary features or details, including the license
1002 plate number or validation sticker, any feature or detail on the
1003 license plate. A license plate frame that impinges upon
1004 information located on the top or bottom of the license plate is
1005 permissible, as long as law enforcement can identify the state
1006 issuing the license plate. A person who knowingly violates this
1007 section commits a misdemeanor of the second degree, punishable
1008 as provided in s. 775.082 or s. 775.083.
1009 Section 17. Paragraph (b) of subsection (1) of section
1010 320.0848, Florida Statutes, is amended, and paragraph (a) of
1011 subsection (1) of that section, as amended by section 5 of
1012 chapter 2025-125, Laws of Florida, is republished, to read:
1013 320.0848 Persons who have disabilities; issuance of
1014 disabled parking permits; temporary permits; permits for certain
1015 providers of transportation services to persons who have
1016 disabilities.—
1017 (1)(a) The Department of Highway Safety and Motor Vehicles
1018 or its authorized agents shall, upon application and receipt of
1019 the fee:
1020 1. Issue a disabled parking permit for a period of up to 4
1021 years, which period ends on the applicant’s birthday, to any
1022 person who has long-term mobility impairment;
1023 2. Issue a temporary disabled parking permit for up to 6
1024 months to a person who has a temporary mobility impairment; or
1025 3. Issue a lifetime disabled parking permit to a person who
1026 is certified as permanently disabled due to permanent
1027 dismemberment or an amputation and is in need of the disabled
1028 parking permit due to that permanent dismemberment or
1029 amputation. A lifetime disabled parking permit is valid from the
1030 date of issuance until the person’s death and is not subject to
1031 renewal under paragraph (d).
1032
1033 A person is not required to pay a fee for a parking permit for
1034 disabled persons more than once in a 12-month period from the
1035 date of the prior fee payment.
1036 (b)1. The person must be currently certified as being
1037 legally blind or as having any of the following disabilities
1038 that render him or her unable to walk 200 feet without stopping
1039 to rest:
1040 a. Inability to walk without the use of or assistance from
1041 a brace, cane, crutch, prosthetic device, or other assistive
1042 device, or without the assistance of another person. If the
1043 assistive device significantly restores the person’s ability to
1044 walk to the extent that the person can walk without severe
1045 limitation, the person is not eligible for the exemption parking
1046 permit.
1047 b. The need to permanently use a wheelchair.
1048 c. Restriction by lung disease to the extent that the
1049 person’s forced (respiratory) expiratory volume for 1 second,
1050 when measured by spirometry, is less than 1 liter, or the
1051 person’s arterial oxygen is less than 60 mm/hg on room air at
1052 rest.
1053 d. Use of portable oxygen.
1054 e. Restriction by cardiac condition to the extent that the
1055 person’s functional limitations are classified in severity as
1056 Class III or Class IV according to standards set by the American
1057 Heart Association.
1058 f. Severe limitation in the person’s ability to walk due to
1059 an arthritic, neurological, or orthopedic condition, including
1060 any pregnancy-related condition.
1061 2. The certification of disability which is required under
1062 subparagraph 1. must be provided by a physician licensed under
1063 chapter 458, chapter 459, or chapter 460, by a podiatric
1064 physician licensed under chapter 461, by an optometrist licensed
1065 under chapter 463, by an advanced practice registered nurse
1066 licensed under chapter 464 under the protocol of a licensed
1067 physician as stated in this subparagraph, by a physician
1068 assistant licensed under chapter 458 or chapter 459, or by a
1069 similarly licensed physician from another state if the
1070 application is accompanied by documentation of the physician’s
1071 licensure in the other state and a form signed by the out-of
1072 state physician verifying his or her knowledge of this state’s
1073 eligibility guidelines.
1074 Section 18. Section 320.0849, Florida Statutes, is
1075 repealed.
1076 Section 19. Subsection (4) of section 322.142, Florida
1077 Statutes, is amended, and subsections (5), (6), and (7) are
1078 added to that section, to read:
1079 322.142 Color photographic or digital imaged licenses.—
1080 (4) The department may maintain a film negative or print
1081 file. The department shall maintain a record of the digital
1082 image and signature of the licensees, together with other data
1083 required by the department for identification and retrieval.
1084 Reproductions from the file or digital record are exempt from
1085 the provisions of s. 119.07(1) and may be made and issued only:
1086 (a) For departmental administrative purposes;
1087 (b) For the issuance of duplicate licenses;
1088 (c) For identity verification by a state agency pursuant to
1089 an interagency agreement, subject to the licensee’s consent;
1090 (d) In response to law enforcement agency requests;
1091 (e)(d) To the Department of Business and Professional
1092 Regulation and the Department of Health pursuant to an
1093 interagency agreement for the purpose of accessing digital
1094 images for reproduction of licenses issued by the Department of
1095 Business and Professional Regulation or the Department of
1096 Health;
1097 (f)(e) To the Department of State or a supervisor of
1098 elections pursuant to an interagency agreement to facilitate
1099 determinations of eligibility of voter registration applicants
1100 and registered voters in accordance with ss. 98.045 and 98.075;
1101 (g)(f) To the Department of Revenue pursuant to an
1102 interagency agreement for use in establishing paternity and
1103 establishing, modifying, or enforcing support obligations in
1104 Title IV-D cases;
1105 (h)(g) To the Department of Children and Families pursuant
1106 to an interagency agreement to conduct protective investigations
1107 under part III of chapter 39 and chapter 415;
1108 (i)(h) To the Department of Children and Families pursuant
1109 to an interagency agreement specifying the number of employees
1110 in each of that department’s regions to be granted access to the
1111 records for use as verification of identity to expedite the
1112 determination of eligibility for public assistance and for use
1113 in public assistance fraud investigations;
1114 (j)(i) To the Agency for Health Care Administration
1115 pursuant to an interagency agreement for the purpose of
1116 authorized agencies verifying photographs in the Care Provider
1117 Background Screening Clearinghouse authorized under s. 435.12;
1118 (k)(j) To the Department of Financial Services pursuant to
1119 an interagency agreement to facilitate the location of owners of
1120 unclaimed property, the validation of unclaimed property claims,
1121 the identification of fraudulent or false claims, and the
1122 investigation of allegations of violations of the insurance code
1123 by licensees and unlicensed persons;
1124 (l)(k) To the Department of Commerce pursuant to an
1125 interagency agreement to facilitate the validation of
1126 reemployment assistance claims and the identification of
1127 fraudulent or false reemployment assistance claims;
1128 (m)(l) To district medical examiners pursuant to an
1129 interagency agreement for the purpose of identifying a deceased
1130 individual, determining cause of death, and notifying next of
1131 kin of any investigations, including autopsies and other
1132 laboratory examinations, authorized in s. 406.11;
1133 (n)(m) To the following persons for the purpose of
1134 identifying a person as part of the official work of a court:
1135 1. A justice or judge of this state;
1136 2. An employee of the state courts system who works in a
1137 position that is designated in writing for access by the Chief
1138 Justice of the Supreme Court or a chief judge of a district or
1139 circuit court, or by his or her designee; or
1140 3. A government employee who performs functions on behalf
1141 of the state courts system in a position that is designated in
1142 writing for access by the Chief Justice or a chief judge, or by
1143 his or her designee; or
1144 (o)(n) To the Agency for Health Care Administration
1145 pursuant to an interagency agreement to prevent health care
1146 fraud. If the Agency for Health Care Administration enters into
1147 an agreement with a private entity to carry out duties relating
1148 to health care fraud prevention, such contracts shall include,
1149 but need not be limited to:
1150 1. Provisions requiring internal controls and audit
1151 processes to identify access, use, and unauthorized access of
1152 information.
1153 2. A requirement to report unauthorized access or use to
1154 the Agency for Health Care Administration within 1 business day
1155 after the discovery of the unauthorized access or use.
1156 3. Provisions for liquidated damages for unauthorized
1157 access or use of no less than $5,000 per occurrence.
1158 (5) An identity verification service provider may use
1159 department data for the department’s or another agency’s
1160 internal identity verification purposes in a manner consistent
1161 with this section only if such data remains in the possession of
1162 the department.
1163 (6) An identity verification service provider may not sell,
1164 share, or retain any information outside of the purposes of this
1165 section.
1166 (7) The department may not allow the use of digital imaged
1167 licenses for a private entity’s business purposes.
1168 Section 20. Subsection (10) of section 332.007, Florida
1169 Statutes, is amended to read:
1170 332.007 Administration and financing of aviation and
1171 airport programs and projects; state plan.—
1172 (10) Subject to the availability of appropriated funds, and
1173 unless otherwise provided in the General Appropriations Act or
1174 the substantive bill implementing the General Appropriations
1175 Act, The department may fund up to 100 percent of eligible
1176 project costs of projects under this section all of the
1177 following at a public-use airport located in a rural community
1178 as defined in s. 288.0656 which does not have any scheduled
1179 commercial service. The department may not require matching
1180 funds for any eligible project at such airports located in rural
1181 areas of opportunity designated under s. 288.0656. Funds
1182 provided pursuant to this section may be provided as matching
1183 funds for eligible projects funded by the Federal Government or
1184 any state agency:
1185 (a) The capital cost of runway and taxiway projects that
1186 add capacity. Such projects must be prioritized based on the
1187 amount of available nonstate matching funds.
1188 (b) Economic development transportation projects pursuant
1189 to s. 339.2821.
1190
1191 Any remaining funds must be allocated for projects specified in
1192 subsection (6).
1193 Section 21. Paragraph (d) is added to subsection (11) of
1194 section 337.11, Florida Statutes, to read:
1195 337.11 Contracting authority of department; bids; emergency
1196 repairs, supplemental agreements, and change orders; combined
1197 design and construction contracts; progress payments; records;
1198 requirements of vehicle registration.—
1199 (11)
1200 (d)1. The department may make direct payments to a first
1201 tier subcontractor. Such payments do not create any enforceable
1202 third-party beneficiary rights. The department shall adopt by
1203 rule procedures to implement this paragraph. Such procedures
1204 must establish the circumstances under which such payments may
1205 be made and must include, at a minimum, all of the following:
1206 a. The contractor has not requested payment from the
1207 department for at least 6 months.
1208 b. There is a binding, written subcontract between the
1209 contractor and the subcontractor, and the department is in
1210 possession of a complete copy of the subcontract.
1211 c. The subcontractor has performed work that is unpaid by
1212 the contractor, and the department has sufficient documentation
1213 of such unpaid work.
1214 d. There is no legitimate dispute between the contractor
1215 and the subcontractor.
1216 e. The department has provided written notice to the
1217 payment and performance bond surety at least 30 days before
1218 releasing a payment under this paragraph, and the surety has not
1219 objected in writing within the 30-day period based on a
1220 documented dispute or claim regarding the unpaid work or
1221 payment.
1222 2. Amounts paid by the department pursuant to rules adopted
1223 under this paragraph must be deducted from amounts otherwise due
1224 to the contractor.
1225 Section 22. Present subsection (6) of section 337.18,
1226 Florida Statutes, is redesignated as subsection (7), and a new
1227 subsection (6) is added to that section, to read:
1228 337.18 Surety bonds for construction or maintenance
1229 contracts; requirement with respect to contract award; bond
1230 requirements; defaults; damage assessments.—
1231 (6) If the department and the surety enter into a takeover
1232 agreement, such agreement must set forth procedures regarding
1233 the surety’s certification of disbursement of payment to
1234 subcontractors.
1235 Section 23. Paragraph (j) is added to subsection (6) of
1236 section 339.175, Florida Statutes, to read:
1237 339.175 Metropolitan planning organization.—
1238 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1239 privileges, and authority of an M.P.O. are those specified in
1240 this section or incorporated in an interlocal agreement
1241 authorized under s. 163.01. Each M.P.O. shall perform all acts
1242 required by federal or state laws or rules, now and subsequently
1243 applicable, which are necessary to qualify for federal aid. It
1244 is the intent of this section that each M.P.O. be involved in
1245 the planning and programming of transportation facilities,
1246 including, but not limited to, airports, intercity and high
1247 speed rail lines, seaports, and intermodal facilities, to the
1248 extent permitted by state or federal law. An M.P.O. may not
1249 perform project production or delivery for capital improvement
1250 projects on the State Highway System.
1251 (j) By December 31, 2026, the M.P.O.’s serving Charlotte,
1252 Collier, and Lee Counties must submit to the Governor, the
1253 President of the Senate, and the Speaker of the House of
1254 Representatives a feasibility report exploring the benefits,
1255 costs, and process of consolidation into a single M.P.O. serving
1256 the contiguous urbanized area, the goal of which is to:
1257 1. Coordinate transportation projects deemed to be
1258 regionally significant.
1259 2. Review the impact of regionally significant land use
1260 decisions on the region.
1261 3. Review all proposed regionally significant
1262 transportation projects in the transportation improvement
1263 programs.
1264 Section 24. Section 339.85, Florida Statutes, is amended to
1265 read:
1266 (Substantial rewording of section. See
1267 s. 339.85, F.S., for present text.)
1268 339.85 Next-generation Traffic Signal Modernization Grant
1269 Program.—
1270 (1) The department shall implement a Next-generation
1271 Traffic Signal Modernization Grant Program. The purpose of the
1272 program is to assist counties and municipalities in upgrading
1273 eligible signalized intersections with artificial intelligence-
1274 and machine learning-enabled detection, controllers,
1275 communications, and software that prioritize modernization in
1276 key corridors across this state.
1277 (2)(a) The department shall implement a state-local
1278 partnership through a cost-sharing arrangement as follows:
1279 1. Authorize the department to fund first-year pilot
1280 corridors at up to 80 percent of eligible costs, with a minimum
1281 20 percent local contribution.
1282 2. Authorize the department to fund 50 percent of ensuing
1283 year research and development and installation.
1284 (b) Ongoing maintenance after signal modernization shall be
1285 the responsibility of the local government and the vendor.
1286 (3) The department may waive any local match requirement
1287 for state-owned or state-operated intersections.
1288 (4) The department shall prioritize grant applications for
1289 intersections at which a signal modernization will measurably:
1290 (a) Reduce average control delay and corridor travel times.
1291 (b) Improve surrogate safety measures, such as failures to
1292 stop at red lights and hard-braking events, and support
1293 emergency vehicle preemption.
1294 (c) Provide transit signal priority and multimodal benefits
1295 to pedestrians and cyclists.
1296 (5) The department shall use competitive procurement as
1297 provided in chapter 287 to find a vendor or vendors that use
1298 state-of-the-art technology that complies with leading
1299 cybersecurity standards, such as SOC 2 and ISO 27001, ensuring
1300 robust data protection. Additionally, the program shall:
1301 (a) Require open, interoperable, and secure systems that
1302 avoid vendor lock-in and protect cybersecurity.
1303 (b) Ensure data transparency through standardized
1304 performance dashboards and annual public reports demonstrating
1305 benefits relative to cost.
1306 (c) Coordinate with metropolitan planning organizations,
1307 regional traffic management centers, and law enforcement, fire
1308 rescue, and transit agencies to maximize systemwide benefits.
1309 (d) Encourage use of state-based pilots, sandboxes, and
1310 independent evaluations to validate performance before large
1311 scale rollout.
1312 (e) Support workforce development and local operations
1313 staff training so upgrades remain effective over the life of the
1314 equipment.
1315 (6) Beginning in fiscal year 2026-2027, $20 million is
1316 appropriated annually from the State Transportation Trust Fund
1317 to the department to fund the Next-generation Traffic Signal
1318 Modernization Grant Program as described in this section.
1319 Section 25. Subsection (23) is added to section 775.15,
1320 Florida Statutes, to read:
1321 775.15 Time limitations; general time limitations;
1322 exceptions.—
1323 (23) For a traffic citation enforced pursuant to s.
1324 316.0083, s. 316.173, s. 316.183, or s. 316.1896, the 1-year
1325 period of limitation for a noncriminal violation pursuant to
1326 paragraph (2)(d) is extended for 1 year upon receipt of an
1327 affidavit indicating that the motor vehicle was in the care,
1328 custody, or control of another person at the time of the
1329 violation, as authorized in s. 316.0083, s. 316.173, s. 316.183,
1330 or s. 316.1896, respectively.
1331 Section 26. Railroad crossing safety technology study.—
1332 (1)(a) The Legislature finds that improving safety at
1333 railroad crossings is critical to protecting the lives of
1334 pedestrians, motorists, railway workers, and the general public.
1335 Advanced detection and monitoring systems using such
1336 technologies as sensors, high-resolution cameras, and data
1337 analytics may provide a reliable means to enhance situational
1338 awareness and reduce collisions at railroad crossings.
1339 (b) The Legislature further finds that additional analysis
1340 is necessary to evaluate the effectiveness, feasibility, costs,
1341 and implementation considerations of such systems.
1342 (c) It is the intent of the Legislature to direct the
1343 Department of Transportation to study the technologies
1344 referenced in paragraph (a) before considering any statewide
1345 requirements for their deployment.
1346 (2) As used in this section, the term:
1347 (a) “Advanced detection and monitoring system” means a
1348 system capable of detecting and classifying objects, such as
1349 pedestrians, vehicles, or other obstructions at or approaching a
1350 railroad crossing, using technologies including, but not limited
1351 to, sensors, cameras, and data analytics.
1352 (b) “Public railroad-highway grade crossing” has the same
1353 meaning as provided in s. 335.141(1)(b), Florida Statutes.
1354 (3)(a) The Department of Transportation shall conduct a
1355 statewide study on the use of advanced detection and monitoring
1356 systems at public railroad-highway grade crossings in this
1357 state.
1358 (b) The study must include, but is not limited to, an
1359 analysis of all of the following:
1360 1. Available and emerging advanced detection and monitoring
1361 technologies applicable to railroad crossings.
1362 2. The effectiveness of such technologies in improving
1363 safety outcomes, including collision prevention and hazard
1364 mitigation, based on available data from pilot programs,
1365 deployments in other jurisdictions, or academic research.
1366 3. Technical and operational considerations, including
1367 interoperability with existing railroad safety systems and
1368 operating protocols.
1369 4. Costs associated with the deployment of advanced
1370 detection and monitoring systems, including installation,
1371 operation, maintenance, and long-term lifecycle costs.
1372 5. Potential funding mechanisms, including federal funds,
1373 state funds, grants, or public-private partnerships.
1374 6. Criteria for identifying higher-risk railroad crossings
1375 where such technologies may provide the greatest safety benefit.
1376 7. Legal, regulatory, and operational considerations
1377 related to the deployment and oversight of advanced detection
1378 and monitoring systems.
1379 8. The respective roles of the state, local governments,
1380 and railroad owners in the implementation of such systems.
1381 (4) In conducting the study, the department may consult
1382 with, as appropriate, any of the following:
1383 (a) Railroad owners and railroad industry representatives.
1384 (b) Local governments with jurisdiction over public
1385 railroad-highway grade crossings.
1386 (c) Transportation safety experts and academic
1387 institutions.
1388 (d) Federal agencies or national organizations with
1389 expertise in railroad safety.
1390 (5) By December 1, 2026, the department shall submit a
1391 report of its findings and any recommendations to the Governor,
1392 the President of the Senate, and the Speaker of the House of
1393 Representatives. The report may include policy recommendations
1394 for legislative consideration, but may not recommend or require
1395 the mandatory installation or upgrade of railroad crossings.
1396 Section 27. For the purpose of incorporating the amendment
1397 made by this act to section 318.18, Florida Statutes, in a
1398 reference thereto, section 318.121, Florida Statutes, is
1399 reenacted to read:
1400 318.121 Preemption of additional fees, fines, surcharges,
1401 and costs.—Notwithstanding any general or special law, or
1402 municipal or county ordinance, additional fees, fines,
1403 surcharges, or costs other than the court costs and surcharges
1404 assessed under s. 318.18(12), (14), (19), (20), and (23) may not
1405 be added to the civil traffic penalties assessed under this
1406 chapter.
1407 Section 28. Except as otherwise expressly provided in this
1408 act, this act shall take effect July 1, 2026.