Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 654
Ì539650,Î539650
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Transportation (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1035 - 1340
4 and insert:
5 the speed detection system in the school zone during the
6 preceding state fiscal year and the procedures for enforcement.
7 The information from counties and municipalities must be
8 submitted in a form and manner determined by the department,
9 which the department must make available to the counties and
10 municipalities by August 1, 2023, and the department may require
11 data components to be submitted quarterly. The report must
12 include at least the following:
13 1. Information related to the location of each speed
14 detection system, including the geocoordinates of the school
15 zone, the directional approach of the speed detection system,
16 the school name, the school level, the times the speed detection
17 system was active, the restricted school zone speed limit
18 enforced pursuant to s. 316.1895(5), the posted speed limit
19 enforced at times other than those authorized by s. 316.1895(5),
20 the date the systems were activated to enforce violations of s.
21 316.1895 ss. 316.1895 and 316.183, and, if applicable, the date
22 the systems were deactivated.
23 2. The number of notices of violation issued, the number
24 that were contested, the number that were upheld, the number
25 that were dismissed, the number that were issued as uniform
26 traffic citations, and the number that were paid.
27 3. Any other statistical data and information related to
28 the procedures for enforcement which is required by the
29 department to complete the report required under paragraph (c).
30
31 The department shall publish on its website each report
32 submitted by a county or municipality pursuant to this
33 paragraph.
34 (c) On or before December 31, 2024, and annually
35 thereafter, the department shall must submit a summary report to
36 the Governor, the President of the Senate, and the Speaker of
37 the House of Representatives regarding the use of speed
38 detection systems under this section, along with any recommended
39 legislation legislative recommendations from the department. The
40 summary report must include a review of the information
41 submitted to the department by the counties and municipalities
42 and must describe the enhancement of safety and enforcement
43 programs.
44 Section 10. Paragraph (d) of subsection (1) of section
45 316.1906, Florida Statutes, is reordered and amended, and
46 subsection (3) of that section is amended, to read:
47 316.1906 Radar speed-measuring devices; speed detection
48 systems; evidence, admissibility.—
49 (1) DEFINITIONS.—
50 (d) “Officer” means any:
51 2.1. “Law enforcement officer” who is elected, appointed,
52 or employed full time by any municipality or the state or any
53 political subdivision thereof; who is vested with the authority
54 to bear arms and make arrests; and whose primary responsibility
55 is the prevention and detection of crime or the enforcement of
56 the penal, criminal, traffic, or highway laws of the state;
57 3.2. “Part-time law enforcement officer” who is employed or
58 appointed less than full time, as defined by an employing
59 agency, with or without compensation; who is vested with
60 authority to bear arms and make arrests; and whose primary
61 responsibility is the prevention and detection of crime or the
62 enforcement of the penal, criminal, traffic, or highway laws of
63 the state; or
64 1.3. “Auxiliary law enforcement officer” who is employed or
65 appointed, with or without compensation; who aids or assists a
66 full-time or part-time law enforcement officer; and who, while
67 under the direct supervision of a full-time or part-time law
68 enforcement officer, has the authority to arrest and perform law
69 enforcement functions; or
70 4. “Traffic infraction enforcement officer” who is employed
71 or appointed, with or without compensation, and satisfies the
72 requirements of s. 316.640(5) and is vested with authority to
73 enforce violations of s. 316.1895 ss. 316.1895 and 316.183
74 pursuant to s. 316.1896.
75 (3) A speed detection system is exempt from the design
76 requirements for radar or LiDAR units established by the
77 department. A speed detection system must have the ability to
78 perform self-tests as to its detection accuracy. The system must
79 perform a self-test at least once every 30 days. The law
80 enforcement agency, or an agent acting on behalf of the law
81 enforcement agency, operating a speed detection system must
82 maintain a log of the results of the system’s self-tests. The
83 law enforcement agency, or an agent acting on behalf of the law
84 enforcement agency, operating a speed detection system must also
85 perform an independent calibration test on the speed detection
86 system at least once every 12 months. The self-test logs, as
87 well as the results of the annual calibration test, are
88 admissible in any court proceeding for a uniform traffic
89 citation issued for a violation of s. 316.1895 or s. 316.183
90 enforced pursuant to s. 316.1896. Notwithstanding subsection
91 (2), evidence of the speed of a motor vehicle detected by a
92 speed detection system compliant with this subsection and the
93 determination by a traffic infraction enforcement officer that a
94 motor vehicle is operating in excess of the applicable speed
95 limit is admissible in any proceeding with respect to an alleged
96 violation of law regulating the speed of motor vehicles in
97 school zones.
98 Section 11. Paragraph (a) of subsection (5) of section
99 316.640, Florida Statutes, is amended to read:
100 316.640 Enforcement.—The enforcement of the traffic laws of
101 this state is vested as follows:
102 (5)(a) Any sheriff’s department or police department of a
103 municipality may employ, as a traffic infraction enforcement
104 officer, any individual who successfully completes instruction
105 in traffic enforcement procedures and court presentation through
106 the Selective Traffic Enforcement Program as approved by the
107 Division of Criminal Justice Standards and Training of the
108 Department of Law Enforcement, or through a similar program, but
109 who does not necessarily otherwise meet the uniform minimum
110 standards established by the Criminal Justice Standards and
111 Training Commission for law enforcement officers or auxiliary
112 law enforcement officers under s. 943.13. Any such traffic
113 infraction enforcement officer who observes the commission of a
114 traffic infraction or, in the case of a parking infraction, who
115 observes an illegally parked vehicle may issue a traffic
116 citation for the infraction when, based upon personal
117 investigation, he or she has reasonable and probable grounds to
118 believe that an offense has been committed which constitutes a
119 noncriminal traffic infraction as defined in s. 318.14. In
120 addition, any such traffic infraction enforcement officer may
121 issue a traffic citation under ss. 316.0083, 316.173, and
122 316.1896 ss. 316.0083 and 316.1896. For purposes of enforcing
123 ss. 316.074(1), 316.075(1)(c)1., 316.172(1)(a) and (b), and
124 316.1895(10) ss. 316.0083, 316.1895, and 316.183, any sheriff’s
125 department or police department of a municipality may designate
126 employees as traffic infraction enforcement officers. The
127 traffic infraction enforcement officers must be physically
128 located in the county of the respective sheriff’s or police
129 department.
130 Section 12. Paragraph (c) of subsection (3) of section
131 316.650, Florida Statutes, is amended to read:
132 316.650 Traffic citations.—
133 (3)
134 (c) If a traffic citation is issued under s. 316.0083, s.
135 316.173, or s. 316.1896, the traffic infraction enforcement
136 officer must shall provide by electronic transmission a replica
137 of the traffic citation data to the court having jurisdiction
138 over the alleged offense or its traffic violations bureau within
139 5 business days after the date of issuance of the traffic
140 citation to the violator. If a hearing is requested, the traffic
141 infraction enforcement officer must shall provide a replica of
142 the traffic notice of violation data to the clerk to for the
143 local hearing officer having jurisdiction over the alleged
144 offense within 14 days.
145 Section 13. Subsection (3) of section 318.15, Florida
146 Statutes, is amended to read:
147 318.15 Failure to comply with civil penalty or to appear;
148 penalty.—
149 (3) The clerk shall notify the department of persons who
150 were mailed a notice of violation of s. 316.074(1) or s.
151 316.075(1)(c)1. pursuant to s. 316.0083, of s. 316.172(1)(a) or
152 (b) pursuant to s. 316.173, or of s. 316.1895(10) pursuant to s.
153 316.1896, and who failed to enter into, or comply with the terms
154 of, a penalty payment plan, or order with the clerk to the local
155 hearing officer or failed to appear at a scheduled hearing
156 within 10 days after such failure, and shall reference the
157 person’s driver license number, or in the case of a business
158 entity, vehicle registration number.
159 (a) Upon receipt of such notice, the department, or
160 authorized agent thereof, may not issue a license plate or
161 revalidation sticker for any motor vehicle owned or co-owned by
162 that person pursuant to s. 320.03(8) until the amounts assessed
163 have been fully paid.
164 (b) After the issuance of the person’s license plate or
165 revalidation sticker is withheld pursuant to paragraph (a), the
166 person may challenge the withholding of the license plate or
167 revalidation sticker only on the basis that the outstanding
168 fines and civil penalties have been paid pursuant to s.
169 320.03(8).
170 Section 14. Paragraph (d) of subsection (3), paragraphs (a)
171 and (b) of subsection (5), and subsection (23) of section
172 318.18, Florida Statutes, are amended to read:
173 318.18 Amount of penalties.—The penalties required for a
174 noncriminal disposition pursuant to s. 318.14 or a criminal
175 offense listed in s. 318.17 are as follows:
176 (3)
177 (d)1. Notwithstanding paragraphs (b) and (c), a person
178 cited for a violation of s. 316.1895(10) or s. 316.183 for
179 exceeding the speed limit in force at the time of the violation
180 on a roadway maintained as a school zone as provided in s.
181 316.1895, when enforced by a traffic infraction enforcement
182 officer pursuant to s. 316.1896, must pay a fine of $100. Fines
183 collected under this paragraph must be distributed as follows:
184 a. Twenty dollars must be remitted to the Department of
185 Revenue for deposit into the General Revenue Fund.
186 b. Seventy-seven dollars must be distributed to the county
187 for any violations occurring in any unincorporated areas of the
188 county or to the municipality for any violations occurring in
189 the incorporated boundaries of the municipality in which the
190 infraction occurred, to be used as provided in s. 316.1896(5).
191 c. Three dollars must be remitted to the Department of
192 Revenue for deposit into the Department of Law Enforcement
193 Criminal Justice Standards and Training Trust Fund to be used as
194 provided in s. 943.25.
195 2. If a person who is mailed a notice of violation or a
196 uniform traffic citation for a violation of s. 316.1895(10) or
197 s. 316.183, as enforced by a traffic infraction enforcement
198 officer under s. 316.1896, presents documentation from the
199 appropriate governmental entity that the notice of violation or
200 uniform traffic citation was in error, the clerk of court or
201 clerk to the local hearing officer may dismiss the case. The
202 clerk of court or clerk to the local hearing officer may not
203 charge for this service.
204 3. An individual may not receive a commission or per-ticket
205 fee from any revenue collected from violations detected through
206 the use of a speed detection system. A manufacturer or vendor
207 may not receive a fee or remuneration based upon the number of
208 violations detected through the use of a speed detection system.
209 (5)(a)1. Except as provided in subparagraph 2., $200 for a
210 violation of s. 316.172(1)(a), failure to stop for a school bus.
211 If, at a hearing, the alleged offender is found to have
212 committed this offense, the court shall impose a minimum civil
213 penalty of $200. In addition to this penalty, for a second or
214 subsequent offense within a period of 5 years, the department
215 shall suspend the driver license of the person for not less than
216 180 days and not more than 1 year.
217 2. If a violation of s. 316.172(1)(a) is enforced by a
218 school bus infraction detection system pursuant to s. 316.173,
219 the penalty of $200 shall be imposed. If, at a an administrative
220 hearing contesting a notice of violation or uniform traffic
221 citation, the alleged offender is found to have committed this
222 offense, a minimum civil penalty of $200 shall be imposed.
223 Notwithstanding any other provision of law except s. 28.37(6),
224 the civil penalties assessed under this subparagraph resulting
225 from a notice of violation or uniform traffic citation shall be
226 remitted to the school district at least monthly and used
227 pursuant to s. 316.173(8).
228 (b)1. Except as provided in subparagraph 2., $400 for a
229 violation of s. 316.172(1)(b), passing a school bus on the side
230 that children enter and exit when the school bus displays a stop
231 signal. If, at a hearing, the alleged offender is found to have
232 committed this offense, the court shall impose a minimum civil
233 penalty of $400.
234 2. If a violation of s. 316.172(1)(b) is enforced by a
235 school bus infraction detection system pursuant to s. 316.173,
236 the penalty under this subparagraph is a minimum of $200. If, at
237 a hearing contesting a notice of violation or uniform traffic
238 citation, the alleged offender is found to have committed this
239 offense, the court shall impose a minimum civil penalty of $200.
240 Notwithstanding any other provision of law except s. 28.37(6),
241 the civil penalties assessed under this subparagraph resulting
242 from notice of violation or uniform traffic citation shall be
243 remitted to the school district at least monthly and used
244 pursuant to s. 316.173(8).
245 3. In addition to this penalty, for a second or subsequent
246 offense within a period of 5 years, the department shall suspend
247 the driver license of the person for not less than 360 days and
248 not more than 2 years.
249 (23) In addition to the penalty prescribed under s.
250 316.0083, s. 316.173, or s. 316.1895 for violations enforced
251 under those sections s. 316.0083 which are upheld by the local
252 hearing officer, the local hearing officer may also order the
253 payment of county, or municipal, or school district costs, not
254 to exceed $250.
255 Section 15. Subsection (12) of section 320.02, Florida
256 Statutes, is amended to read:
257 320.02 Registration required; application for registration;
258 forms.—
259 (12) The department is authorized to withhold registration
260 or reregistration of any motor vehicle if the owner, or one of
261 the co-owners of the vehicle:,
262 (a) Has a driver license which is under suspension for the
263 failure to remit payment of any fines levied in this state
264 pursuant to chapter 318 or chapter 322; or
265 (b) Received a traffic citation for a violation of s.
266 316.074(1) or s. 316.075(1)(c)1., s. 316.172(1)(a) or (b), or s.
267 316.1895(10), as enforced by s. 316.0083, s. 316.173, or s.
268 316.1896, respectively, and did not request a hearing, submit an
269 affidavit claiming an exception, or pay the traffic citation.
270 Section 16. Paragraph (d) of subsection (3) of section
271 322.27, Florida Statutes, is amended to read:
272 322.27 Authority of department to suspend or revoke driver
273 license or identification card.—
274 (3) There is established a point system for evaluation of
275 convictions of violations of motor vehicle laws or ordinances,
276 and violations of applicable provisions of s. 403.413(6)(b) when
277 such violations involve the use of motor vehicles, for the
278 determination of the continuing qualification of any person to
279 operate a motor vehicle. The department is authorized to suspend
280 the license of any person upon showing of its records or other
281 good and sufficient evidence that the licensee has been
282 convicted of violation of motor vehicle laws or ordinances, or
283 applicable provisions of s. 403.413(6)(b), amounting to 12 or
284 more points as determined by the point system. The suspension
285 shall be for a period of not more than 1 year.
286 (d) The point system shall have as its basic element a
287 graduated scale of points assigning relative values to
288 convictions of the following violations:
289 1. Reckless driving, willful and wanton—4 points.
290 2. Leaving the scene of a crash resulting in property
291 damage of more than $50—6 points.
292 3. Unlawful speed, or unlawful use of a wireless
293 communications device, resulting in a crash—6 points.
294 4. Passing a stopped school bus:
295 a. Not causing or resulting in serious bodily injury to or
296 death of another—4 points.
297 b. Causing or resulting in serious bodily injury to or
298 death of another—6 points.
299 c. Points may not be imposed for a violation of passing a
300 stopped school bus as provided in s. 316.172(1)(a) or (b) when
301 enforced by a school bus infraction detection system pursuant to
302 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
303 when enforced by a school bus infraction detection system
304 pursuant to s. 316.173 may not be used for purposes of setting
305 motor vehicle insurance rates.
306 5. Unlawful speed:
307 a. Not in excess of 15 miles per hour of lawful or posted
308 speed—3 points.
309 b. In excess of 15 miles per hour of lawful or posted
310 speed—4 points.
311 c. Points may not be imposed for a violation of unlawful
312 speed as provided in s. 316.1895 or s. 316.183 when enforced by
313 a traffic infraction enforcement officer pursuant to s.
314 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
315 when enforced by a traffic infraction enforcement officer
316 pursuant to s. 316.1896 may not be used for purposes of setting
317 motor vehicle insurance rates.
318 6. A violation of a traffic control signal device as
319 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
320 However, points may not be imposed for a violation of s.
321 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
322 stop at a traffic signal and when enforced by a traffic
323 infraction enforcement officer. In addition, a violation of s.
324 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
325 stop at a traffic signal and when enforced by a traffic
326 infraction enforcement officer may not be used for purposes of
327 setting motor vehicle insurance rates.
328 7. Unlawfully driving a vehicle through a railroad-highway
329 grade crossing—6 points.
330 8. All other moving violations (including parking on a
331 highway outside the limits of a municipality)—3 points. However,
332 points may not be imposed for a violation of s. 316.2065(11);
333 and points may be imposed for a violation of s. 316.1001 only
334 when imposed by the court after a hearing pursuant to s.
335 318.14(5).
336 9. Any moving violation covered in this paragraph,
337 excluding unlawful speed and unlawful use of a wireless
338 communications device, resulting in a crash—4 points.
339 10. Any conviction under s. 403.413(6)(b)—3 points.
340 11. Any conviction under s. 316.0775(2)—4 points.
341 12. A moving violation covered in this paragraph which is
342 committed in conjunction with the unlawful use of a wireless
343 communications device within a school safety zone—2 points, in
344 addition to the points assigned for the moving violation.
345 Section 17. Subsection (23) is added to section 775.15,
346 Florida Statutes, to read:
347 775.15 Time limitations; general time limitations;
348 exceptions.—
349 (23) For a traffic violation enforced pursuant to s.
350 316.0083, s. 316.173, or s. 316.1896, the 1-year period of
351 limitation for a noncriminal violation pursuant to paragraph
352 (2)(d) resets upon receipt by the appropriate county,
353 municipality, or law enforcement agency of an affidavit
354 indicating that the
355
356 ================= T I T L E A M E N D M E N T ================
357 And the title is amended as follows:
358 Delete line 123
359 and insert:
360 receiving certain fees or remuneration; providing
361 exceptions to requirements that certain civil
362 penalties be remitted to school districts; conforming