Florida Senate - 2026 SB 654
By Senator DiCeglie
18-00783B-26 2026654__
1 A bill to be entitled
2 An act relating to traffic infraction enforcement;
3 amending s. 28.37, F.S.; deleting a provision
4 exempting certain penalties and fines from a
5 requirement that a certain percentage of all court
6 related fines collected by the clerk be deposited into
7 the fines and forfeiture fund for a specified purpose;
8 amending s. 316.003, F.S.; revising the definitions of
9 the terms “local hearing officer” and “speed detection
10 system”; amending s. 316.008, F.S.; revising the
11 periods during which a county or municipality may
12 enforce school zone speed limits, and the violations
13 for which such enforcement is authorized, through the
14 use of a speed detection system; prohibiting the
15 enforcement of a school zone speed limit through the
16 use of a speed detection system under certain
17 circumstances; revising the circumstances for which a
18 county or municipality may place or install, or
19 contract with a vendor to place or install, a speed
20 detection system within a roadway maintained as a
21 school zone; amending s. 316.0083, F.S.; deleting a
22 provision prohibiting the issuance of certain notices
23 of violation and traffic citations for failure to stop
24 before crossing over a stop line or other point at
25 which a stop is required under certain circumstances;
26 defining the term “careful and prudent manner”;
27 providing that certain counties and municipalities are
28 responsible for and must maintain certain data for a
29 specified period; requiring the Department of Highway
30 Safety and Motor Vehicles to provide to the Governor
31 and the Legislature recommended legislation, rather
32 than necessary legislation, with a certain report;
33 providing that certain hearings may be conducted
34 either virtually or in person; prohibiting the use of
35 a traffic infraction detector for remote surveillance;
36 providing construction; specifying the purposes for
37 which video and images recorded by a traffic
38 infraction detector may be used; requiring that a
39 traffic infraction detector use technology to obscure
40 certain personal identifying information; providing
41 that certain notices of violation and uniform traffic
42 citations may not be dismissed for a specified reason;
43 requiring the destruction of certain recorded videos
44 and images within a certain timeframe; requiring a
45 traffic infraction detector vendor annually to provide
46 certain written notice to the county or municipality;
47 providing that motor vehicle registration and owner
48 information obtained in a certain manner is not the
49 property of certain manufacturers and vendors;
50 repealing s. 316.00831, F.S., relating to distribution
51 of penalties collected under the Mark Wandall Traffic
52 Safety Program; amending s. 316.07456, F.S.; deleting
53 obsolete provisions; amending s. 316.0776, F.S.;
54 providing that only warnings may be issued for certain
55 violations during the duration of a certain public
56 awareness campaign; deleting an obsolete provision;
57 prohibiting a county or municipality from operating a
58 speed detection system under certain circumstances;
59 conforming provisions to changes made by the act;
60 amending s. 316.173, F.S.; requiring district school
61 board authorization and a public hearing process
62 before a school district may place or install, or
63 contract with a vendor to install, operate, and
64 maintain, school bus infraction detection systems;
65 providing requirements for such authorization and
66 public hearing process; requiring a school district to
67 enter into a certain interlocal agreement with a law
68 enforcement agency before beginning its school bus
69 infraction detection system program; providing that
70 law enforcement agencies may authorize traffic
71 infraction enforcement officers to issue certain
72 uniform traffic citations for violations enforced
73 through the use of a school bus infraction detection
74 system; providing construction; deleting a prohibition
75 on raising certain arguments in a proceeding
76 challenging certain traffic violations; deleting a
77 required evidentiary standard for certain findings and
78 determinations by local hearing officers; revising the
79 notice of hearing process; revising the number of
80 times a petitioner may reschedule a certain hearing;
81 requiring that certain testimony be recorded;
82 authorizing, rather than requiring, a local hearing
83 officer to require a petitioner to pay certain costs;
84 requiring a school district that operates a school bus
85 infraction detection system annually to report the
86 results of such systems at a meeting of the school
87 board; providing requirements for such meeting;
88 prohibiting certain arguments in a proceeding
89 challenging certain traffic violations; prohibiting a
90 school district from operating school bus infraction
91 detection systems under certain circumstances;
92 requiring certain school districts to submit a certain
93 report to the department annually, rather than
94 quarterly; requiring the department to publish certain
95 reports on its website; deleting obsolete provisions;
96 conforming provisions to changes made by the act;
97 amending s. 316.1896, F.S.; revising the periods for
98 which a county or municipality may authorize a traffic
99 infraction enforcement officer to issue certain
100 uniform traffic citations; prohibiting the enforcement
101 of a school zone speed limit through the use of a
102 speed detection system under certain circumstances;
103 revising the period within which a person may take
104 certain action after receiving a notice of violation;
105 prohibiting an individual from receiving a commission
106 or per-ticket fee from certain revenue; prohibiting a
107 manufacturer or vendor of speed detection systems from
108 receiving certain fees or remuneration; providing that
109 certain hearings may be conducted either virtually or
110 in person; deleting an obsolete provision; deleting a
111 provision authorizing the department to require
112 quarterly submission of certain data components;
113 requiring the department to publish certain reports on
114 its website; conforming provisions to changes made by
115 the act; reordering and amending s. 316.1906, F.S.;
116 conforming provisions to changes made by the act;
117 making a technical change; amending ss. 316.640,
118 316.650, and 318.15, F.S.; conforming provisions to
119 changes made by the act; amending s. 318.18, F.S.;
120 prohibiting an individual from receiving a commission
121 or per-ticket fee from certain revenue; prohibiting a
122 manufacturer or vendor of speed detection systems from
123 receiving certain fees or remuneration; conforming
124 provisions to changes made by the act; amending s.
125 320.02, F.S.; authorizing the department to withhold
126 registration or reregistration of a motor vehicle
127 under certain circumstances; amending s. 322.27, F.S.;
128 conforming provisions to changes made by the act;
129 amending s. 775.15, F.S.; providing that a 1-year
130 period of limitation for certain noncriminal
131 violations resets upon receipt of certain affidavits;
132 amending s. 1006.21, F.S.; conforming a provision to
133 changes made by the act; reenacting s. 318.121, F.S.,
134 relating to preemption of additional fees, fines,
135 surcharges, and costs, to incorporate the amendment
136 made to s. 318.18, F.S., in a reference thereto;
137 providing an effective date.
138
139 Be It Enacted by the Legislature of the State of Florida:
140
141 Section 1. Subsection (6) of section 28.37, Florida
142 Statutes, is amended to read:
143 28.37 Fines, fees, service charges, and costs remitted to
144 the state.—
145 (6) Ten percent of all court-related fines collected by the
146 clerk, except for penalties or fines distributed to counties or
147 municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a),
148 must be deposited into the fine and forfeiture fund to be used
149 exclusively for clerk court-related functions, as provided in s.
150 28.35(3)(a).
151 Section 2. Subsections (38) and (84) of section 316.003,
152 Florida Statutes, are amended to read:
153 316.003 Definitions.—The following words and phrases, when
154 used in this chapter, shall have the meanings respectively
155 ascribed to them in this section, except where the context
156 otherwise requires:
157 (38) LOCAL HEARING OFFICER.—The person, designated by a
158 department, county, or municipality, or school district that
159 elects to authorize traffic infraction enforcement officers to
160 issue traffic citations under s. 316.0083(1)(a), s.
161 316.173(1)(f), or s. 316.1896(1) ss. 316.0083(1)(a) and
162 316.1896(1), who is authorized to conduct hearings related to a
163 notice of violation issued pursuant to s. 316.0083, s. 316.173,
164 or s. 316.1896. A The charter county, noncharter county, or
165 municipality may use its currently appointed code enforcement
166 board or special magistrate to serve as the local hearing
167 officer. A school district may appoint an attorney who is, and
168 has been for the preceding 5 years, a member in good standing of
169 The Florida Bar to serve as the local hearing officer or may
170 enter into an interlocal agreement to use the local hearing
171 officer of the county. The department may enter into an
172 interlocal agreement to use the local hearing officer of a
173 county or municipality.
174 (84) SPEED DETECTION SYSTEM.—A portable or fixed automated
175 system used to detect a motor vehicle’s speed using radar or
176 LiDAR and to capture a photograph or video of the rear of a
177 motor vehicle that exceeds the speed limit in a school zone
178 during the times listed in s. 316.1895(5) force at the time of
179 the violation.
180 Section 3. Paragraphs (a) and (b) of subsection (9) of
181 section 316.008, Florida Statutes, are amended to read:
182 316.008 Powers of local authorities.—
183 (9)(a) A county or municipality may enforce the applicable
184 speed limit on a roadway properly maintained as a school zone
185 pursuant to s. 316.1895 during the times listed in s.
186 316.1895(5):
187 1. Within 30 minutes before through 30 minutes after the
188 start of a regularly scheduled breakfast program;
189 2. Within 30 minutes before through 30 minutes after the
190 start of a regularly scheduled school session;
191 3. During the entirety of a regularly scheduled school
192 session; and
193 4. Within 30 minutes before through 30 minutes after the
194 end of a regularly scheduled school session
195
196 through the use of a speed detection system for the detection of
197 speed and capturing of photographs or videos for violations in
198 excess of 10 miles per hour over the school zone speed limit in
199 force at the time of the violation. A school zone’s compliance
200 with s. 316.1895 creates a rebuttable presumption that the
201 school zone is properly maintained. The school zone speed limit
202 may not be enforced through the use of a speed detection system
203 if any flashing beacon used to provide notice of the times
204 during which a restrictive school speed limit is being enforced
205 in the school zone is not activated at the time of the
206 violation.
207 (b) A county or municipality may place or install, or
208 contract with a vendor to place or install, a speed detection
209 system within a roadway maintained as a school zone as provided
210 in s. 316.1895 to enforce school zone unlawful speed limit
211 violations, as specified in s. 316.1895(10), which are in excess
212 of 10 miles per hour over the school zone speed limit or s.
213 316.183, on that roadway.
214 Section 4. Paragraph (a) of subsection (1) and subsections
215 (2), (4), and (5) of section 316.0083, Florida Statutes, are
216 amended, and subsection (6) is added to that section, to read:
217 316.0083 Mark Wandall Traffic Safety Program;
218 administration; report.—
219 (1)(a) For purposes of administering this section, the
220 department, a county, or a municipality may authorize a traffic
221 infraction enforcement officer under s. 316.640 to issue a
222 traffic citation for a violation of s. 316.074(1) or s.
223 316.075(1)(c)1. A notice of violation and a traffic citation may
224 not be issued for failure to stop at a red light if the driver
225 is making a right-hand turn in a careful and prudent manner at
226 an intersection where right-hand turns are permissible. A notice
227 of violation and a traffic citation may not be issued under this
228 section if the driver of the vehicle came to a complete stop
229 after crossing the stop line and before turning right if
230 permissible at a red light, but failed to stop before crossing
231 over the stop line or other point at which a stop is required.
232 This paragraph does not prohibit a review of information from a
233 traffic infraction detector by an authorized employee or agent
234 of the department, a county, or a municipality before issuance
235 of the traffic citation by the traffic infraction enforcement
236 officer. This paragraph does not prohibit the department, a
237 county, or a municipality from issuing notification as provided
238 in paragraph (b) to the registered owner of the motor vehicle
239 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
240 (2) A notice of violation and a traffic citation may not be
241 issued under this section for failure to stop at a red light if
242 the driver is making a right-hand turn in a careful and prudent
243 manner at an intersection where right-hand turns are
244 permissible. For purposes of this subsection, the term “careful
245 and prudent manner” means that the driver made a right-hand turn
246 after coming to a complete stop and without interfering with the
247 operation of any oncoming vehicular traffic or pedestrians in a
248 crosswalk.
249 (4)(a)1. A county or municipality that desires to have one
250 or more traffic infraction detectors placed or installed on or
251 after July 1, 2025, in an area where no traffic infraction
252 detectors are currently placed or installed must enact an
253 ordinance in order to authorize the placement or installation
254 of, or to authorize contracting with a vendor for the placement
255 or installation of, one or more traffic infraction detectors to
256 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the
257 public hearing on such proposed ordinance, the county or
258 municipality must consider traffic data or other evidence
259 supporting the installation and operation of each traffic
260 infraction detector, and the county or municipality must
261 determine that the intersection at which a traffic infraction
262 detector is to be placed or installed constitutes a heightened
263 safety risk that warrants additional enforcement measures.
264 2. A county or municipality that operates one or more
265 traffic infraction detectors must annually report the results of
266 all traffic infraction detectors within the county’s or
267 municipality’s jurisdiction by placing the annual report to the
268 department required under paragraph (b) as a single reporting
269 item on the agenda of a regular or special meeting of the
270 county’s or municipality’s governing body. Before a county or
271 municipality contracts or renews a contract to place or install
272 one or more traffic infraction detectors, the county or
273 municipality must approve the contract or contract renewal at a
274 regular or special meeting of the county’s or municipality’s
275 governing body.
276 a. Interested members of the public must be allowed to
277 comment regarding the report, contract, or contract renewal
278 under the county’s or municipality’s public comment policies or
279 procedures formats, and the report, contract, or contract
280 renewal may not be considered as part of a consent agenda.
281 b. The report required under this subparagraph must include
282 a written summary, which must be read aloud at the regular or
283 special meeting, and the summary must contain, for the same time
284 period pertaining to the annual report to the department
285 required under paragraph (b), the number of notices of violation
286 issued, the number that were contested, the number that were
287 upheld, the number that were dismissed, the number that were
288 issued as uniform traffic citations, and the number that were
289 paid and how collected funds were distributed and in what
290 amounts. The county or municipality must report to the
291 department that the county’s or municipality’s annual report was
292 considered in accordance with this subparagraph, including the
293 date of the regular or special meeting at which the annual
294 report was considered.
295 3. The compliance or sufficiency of compliance with this
296 paragraph may not be raised in a proceeding challenging a
297 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a
298 traffic infraction detector.
299 4. A county or municipality that does not comply with this
300 paragraph may not operate is suspended from operating traffic
301 infraction detectors under this subsection until such
302 noncompliance is corrected.
303 (b) Each county or municipality that operates a traffic
304 infraction detector shall submit a report by October 1,
305 annually, to the department which details the results of using
306 the traffic infraction detector and the procedures for
307 enforcement for the preceding state fiscal year. The information
308 submitted by the counties and municipalities must include:
309 1. The number of notices of violation issued, the number
310 that were contested, the number that were upheld, the number
311 that were dismissed, the number that were issued as uniform
312 traffic citations, the number that were paid, and the number in
313 each of the preceding categories for which the notice of
314 violation was issued for a right-hand turn violation.
315 2. A description of alternative safety countermeasures
316 taken before and after the placement or installation of a
317 traffic infraction detector.
318 3. Statistical data and information required by the
319 department to complete the summary report required under
320 paragraph (d) (c).
321
322 The department shall must publish on its website each report
323 submitted by a county or municipality pursuant to this paragraph
324 on its website.
325 (c) Each county or municipality that operates a traffic
326 infraction detector is responsible for and shall maintain its
327 respective data for reporting purposes under this subsection for
328 at least 2 years after such data is reported to the department.
329 (d) On or before December 31, annually, the department
330 shall provide a summary report to the Governor, the President of
331 the Senate, and the Speaker of the House of Representatives
332 regarding the use and operation of traffic infraction detectors
333 under this section, along with the department’s recommendations
334 and any recommended necessary legislation. The summary report
335 must include a review of the information submitted to the
336 department by the counties and municipalities and must describe
337 the enhancement of the traffic safety and enforcement programs.
338 (5) Procedures for a hearing under this section are as
339 follows:
340 (a) The department shall publish and make available
341 electronically to each county and municipality a model Request
342 for Hearing form to assist each county and municipality local
343 government administering this section.
344 (b) The charter county, noncharter county, or municipality
345 electing to authorize traffic infraction enforcement officers to
346 issue traffic citations under paragraph (1)(a) shall designate
347 by resolution existing staff to serve as the clerk to the local
348 hearing officer.
349 (c) Any person, herein referred to as the “petitioner,” who
350 elects to request a hearing under paragraph (1)(b) must shall be
351 scheduled for a hearing. The hearing may be conducted either
352 virtually through live video conferencing or in person. The
353 clerk to the local hearing officer shall provide the petitioner
354 with notice of the hearing, including the option for a virtual
355 or in-person hearing, which must by the clerk to the local
356 hearing officer to appear before a local hearing officer with
357 notice to be sent by first-class mail. Upon receipt of the
358 notice, the petitioner may reschedule the hearing up to two
359 times once by submitting a written request to reschedule to the
360 clerk to the local hearing officer, at least 5 calendar days
361 before the day of the originally scheduled hearing. The
362 petitioner may cancel his or her appearance before the local
363 hearing officer by paying the penalty assessed under paragraph
364 (1)(b), plus $50 in administrative costs, before the start of
365 the hearing.
366 (6)(a)1. A traffic infraction detector may not be used for
367 remote surveillance. The collection of evidence by a traffic
368 infraction detector to enforce violations of s. 316.074(1) or s.
369 316.075(1)(c)1. does not constitute remote surveillance.
370 2. Video and images recorded by a traffic infraction
371 detector may be used only for the enforcement of violations of
372 s. 316.074(1) or s. 316.075(1)(c)1. and for purposes of
373 determining criminal or civil liability for incidents captured
374 by the traffic infraction detector incidental to the permissible
375 use of a traffic infraction detector.
376 3. To the extent practicable, a traffic infraction detector
377 must use necessary technology to ensure that personal
378 identifying information contained in the video and images
379 recorded by the traffic infraction detector which is not
380 relevant to the alleged violation is sufficiently obscured so as
381 to not reveal such personal identifying information.
382 4. A notice of violation or a uniform traffic citation
383 issued under this section may not be dismissed solely because
384 the recorded video or images reveal personal identifying
385 information as provided in subparagraph 3. as long as a
386 reasonable effort has been made to comply with this subsection.
387 (b) Any recorded video or image obtained through the use of
388 a traffic infraction detector must be destroyed within 90 days
389 after the final disposition of the recorded event. The vendor of
390 the traffic infraction detector must provide the county or
391 municipality with written notice by December 31 of each year
392 that such records have been destroyed in accordance with this
393 paragraph.
394 (c) Notwithstanding any other law, motor vehicle
395 registration and owner information obtained as the result of the
396 operation of a traffic infraction detector is not the property
397 of the manufacturer or vendor of the traffic infraction detector
398 and may be used only for purposes authorized in this section.
399 Section 5. Section 316.00831, Florida Statutes, is
400 repealed.
401 Section 6. Section 316.07456, Florida Statutes, is amended
402 to read:
403 316.07456 Traffic infraction detectors; specifications
404 Transitional implementation.—Any traffic infraction detector
405 deployed on the highways, streets, and roads of this state must
406 meet specifications established by the Department of
407 Transportation, and must be tested at regular intervals
408 according to specifications prescribed by the Department of
409 Transportation. The Department of Transportation must establish
410 such specifications on or before December 31, 2010. However, any
411 such equipment acquired by purchase, lease, or other arrangement
412 under an agreement entered into by a county or municipality on
413 or before July 1, 2011, or equipment used to enforce an
414 ordinance enacted by a county or municipality on or before July
415 1, 2011, is not required to meet the specifications established
416 by the Department of Transportation until July 1, 2011.
417 Section 7. Paragraph (b) of subsection (2) and subsection
418 (3) of section 316.0776, Florida Statutes, are amended to read:
419 316.0776 Traffic infraction detectors; speed detection
420 systems; placement and installation.—
421 (2)
422 (b) If the department, county, or municipality begins a
423 traffic infraction detector program in a county or municipality
424 that has never conducted such a program, the respective
425 department, county, or municipality must shall also make a
426 public announcement and conduct a public awareness campaign of
427 the proposed use of traffic infraction detectors at least 30
428 days before commencing the enforcement program. During the 30
429 day public awareness campaign, only a warning may be issued to
430 the registered owner of a motor vehicle for a violation of s.
431 316.074(1) or s. 316.075(1)(c)1. enforced by a traffic
432 infraction detector, and a penalty may not be imposed pursuant
433 to s. 318.18(16)(a)2. or 3.
434 (3) A speed detection system authorized by s. 316.008(9)
435 may be placed or installed in a school zone on a state road when
436 permitted by the Department of Transportation and in accordance
437 with placement and installation specifications developed by the
438 Department of Transportation. The speed detection system may be
439 placed or installed in a school zone on a street or highway
440 under the jurisdiction of a county or a municipality in
441 accordance with placement and installation specifications
442 established by the Department of Transportation. The Department
443 of Transportation must establish such placement and installation
444 specifications by December 31, 2023.
445 (a) If a county or municipality places or installs a speed
446 detection system as authorized by s. 316.008(9), the county or
447 municipality must notify the public that a speed detection
448 system may be in use by posting signage indicating photographic
449 or video enforcement of the school zone speed limits. Such
450 signage must shall clearly designate the time period during
451 which the school zone speed limits are enforced using a speed
452 detection system and must meet the placement and installation
453 specifications established by the Department of Transportation.
454 For a speed detection system enforcing violations of s. 316.1895
455 or s. 316.183 on a roadway maintained as a school zone, this
456 paragraph governs the signage notifying the public of the use of
457 a speed detection system.
458 (b) If a county or municipality begins a school zone speed
459 detection system program in a county or municipality that has
460 never conducted such a program, the respective county or
461 municipality must make a public announcement and conduct a
462 public awareness campaign of the proposed use of speed detection
463 systems at least 30 days before commencing enforcement under the
464 speed detection system program and must notify the public of the
465 specific date on which the program will commence. During the 30
466 day public awareness campaign, only a warning may be issued to
467 the registered owner of a motor vehicle for a violation of s.
468 316.1895 or s. 316.183 enforced by a speed detection system, and
469 liability may not be imposed for the civil penalty under s.
470 318.18(3)(d).
471 (c) A county or municipality that operates one or more
472 school zone speed detection systems shall must annually report
473 the results of all systems within the county’s or municipality’s
474 jurisdiction by placing the report required under s.
475 316.1896(16)(a) as a single reporting item on the agenda of a
476 regular or special meeting of the county’s or municipality’s
477 governing body. Before a county or municipality contracts or
478 renews a contract to place or install a speed detection system
479 in a school zone pursuant to s. 316.008(9), the county or
480 municipality must approve the contract or contract renewal at a
481 regular or special meeting of the county’s or municipality’s
482 governing body.
483 1. Interested members of the public must be allowed to
484 comment regarding the report, contract, or contract renewal
485 under the county’s or municipality’s public comment policies or
486 procedures formats, and the report, contract, or contract
487 renewal may not be considered as part of a consent agenda.
488 2. The report required under this paragraph must include a
489 written summary, which must be read aloud at the regular or
490 special meeting, and the summary must contain, for the same time
491 period pertaining to the annual report to the department under
492 s. 316.1896(16)(a), the number of notices of violation issued,
493 the number that were contested, the number that were upheld, the
494 number that were dismissed, the number that were issued as
495 uniform traffic citations, and the number that were paid and how
496 collected funds were distributed and in what amounts. The county
497 or municipality shall must report to the department that the
498 county’s or municipality’s annual report was considered in
499 accordance with this paragraph, including the date of the
500 regular or special meeting at which the annual report was
501 considered.
502 3. The compliance or sufficiency of compliance with this
503 paragraph may not be raised in a proceeding challenging a
504 violation of s. 316.1895 or s. 316.183 enforced by a speed
505 detection system in a school zone.
506 4. A county or municipality that does not comply with this
507 paragraph may not operate a speed detection system under this
508 section until such noncompliance is corrected.
509 Section 8. Subsection (1), paragraph (c) of subsection (2),
510 and subsections (4), (6), (18), and (19) of section 316.173,
511 Florida Statutes, are amended to read:
512 316.173 School bus infraction detection systems.—
513 (1)(a) A school district may install and operate a school
514 bus infraction detection system on a school bus for the purpose
515 of enforcing s. 316.172(1)(a) and (b) as provided in and
516 consistent with this section.
517 (b) A school district that desires to install one or more
518 school bus infraction detection systems on school buses in its
519 fleet must have specific authorization from the district school
520 board to place or install, or contract with a vendor to install,
521 operate, and maintain, school bus infraction detection systems
522 to enforce s. 316.172(1)(a) and (b). As part of a public hearing
523 held by the school board on such authorization, the school board
524 shall consider traffic data or other evidence supporting the
525 installation and operation of each school bus infraction
526 detection system, and the school board shall determine whether
527 the school bus route for which each school bus infraction
528 detection system is to be placed or installed constitutes a
529 heightened safety risk that warrants additional enforcement
530 measures. Interested members of the public must be allowed to
531 comment regarding a contract or renewal of a contract for the
532 installation, operation, and maintenance of school bus
533 infraction detection systems under the school board’s public
534 comment policies or procedures, and the contract or contract
535 renewal may not be considered as part of a consent agenda.
536 (c) After an affirmative vote from the school board
537 authorizing such a contract, the school district may enter into
538 a contract with a private vendor or manufacturer to install a
539 school bus infraction detection system on any school bus in
540 within its fleet, whether owned, contracted, or leased, and for
541 services including, but not limited to, the installation,
542 operation, and maintenance of the system. The school district’s
543 decision to install school bus infraction detection systems must
544 be based solely on the need to increase public safety. An
545 individual may not receive a commission from any revenue
546 collected from violations detected through the use of a school
547 bus infraction detection system. A private vendor or
548 manufacturer may not receive a fee or remuneration based upon
549 the number of violations detected through the use of a school
550 bus infraction detection system. This paragraph may not be
551 construed to prohibit a private vendor or manufacturer from
552 receiving a fixed amount of collected proceeds for service
553 rendered in relation to the installation, operation, or
554 maintenance of school bus infraction detection systems.
555 (d)(c) The school district shall must ensure that each
556 school bus infraction detection system meets the requirements of
557 subsection (19).
558 (e)(d) Before beginning its school bus infraction detection
559 system program, a the school district must enter into an
560 interlocal agreement with one or more law enforcement agencies
561 authorized to enforce violations of s. 316.172(1)(a) and (b)
562 within the school district which jointly establishes the
563 responsibilities of enforcement and the reimbursement of costs
564 associated with school bus infraction detection systems
565 consistent with this section.
566 (f) For purposes of administering this section, a law
567 enforcement agency may authorize a traffic infraction
568 enforcement officer under s. 316.640 to issue uniform traffic
569 citations for violations of s. 316.172(1)(a) and (b). This
570 paragraph does not prohibit the review of information from a
571 school bus infraction detection system by an authorized employee
572 or agent of the school district or law enforcement agency before
573 issuance of the traffic citation by the traffic infraction
574 enforcement officer. This paragraph does not prohibit the law
575 enforcement agency or its designee from issuing a notification
576 as provided in subsection (5) to the registered owner of the
577 motor vehicle involved in the violation of s. 316.172(1)(a) or
578 (b).
579 (2)
580 (c) The sufficiency of signage or compliance with the
581 signage requirements under this subsection may not be raised in
582 a proceeding challenging a violation of s. 316.172(1)(a) or (b).
583 (4) Within 30 days after an alleged violation of s.
584 316.172(1)(a) or (b) is recorded by a school bus infraction
585 detection system, the school district or the private vendor or
586 manufacturer under paragraph (1)(c) (1)(b) must submit the
587 following information to a law enforcement agency that has
588 entered into an interlocal agreement with the school district
589 pursuant to paragraph (1)(e) (1)(d) and has traffic infraction
590 enforcement jurisdiction at the location where the alleged
591 violation occurred:
592 (a) A copy of the recorded video and images showing the
593 motor vehicle allegedly violating s. 316.172(1)(a) or (b).
594 (b) The motor vehicle’s license plate number and the state
595 of issuance of the motor vehicle’s license plate.
596 (c) The date, time, and location of the alleged violation.
597 (6)(a) A local hearing officer appointed by the school
598 district or county shall administer a an administrative hearing
599 process for a contested notice of violation. The school district
600 may appoint an attorney who is, and has been for the preceding 5
601 years, a member in good standing with The Florida Bar to serve
602 as a local hearing officer. The county in which a school
603 district has entered into an interlocal agreement with a law
604 enforcement agency to issue uniform traffic citations may
605 designate by resolution existing staff to serve as clerk to the
606 local hearing officer. At the administrative hearing, the local
607 hearing officer shall determine whether a violation of s.
608 316.172(1)(a) or (b) has occurred. If the local hearing officer
609 finds by a preponderance of the evidence that a violation has
610 occurred, the local hearing officer must uphold the notice of
611 violation and require the petitioner to pay the penalty
612 previously assessed under s. 318.18(5). The local hearing
613 officer may shall also require the petitioner to pay costs
614 consistent with this subsection.
615 (b) Procedures for a an administrative hearing conducted
616 under this subsection are as follows:
617 1. The department shall make available electronically to
618 the school district or its designee or the county a Request for
619 Hearing form to assist each district or county with
620 administering this subsection.
621 2. A person, referred to in this paragraph as the
622 petitioner, who elects to request a hearing under this
623 subsection must shall be scheduled for a hearing. The hearing
624 may be conducted either virtually through via live video
625 conferencing or in person.
626 3. The clerk to the local hearing officer shall provide the
627 petitioner with notice of the hearing, including the option for
628 a virtual or in-person hearing, which must be sent Within 120
629 days after receipt of a timely request for a hearing, the law
630 enforcement agency or its designee shall provide a replica of
631 the notice of violation data to the school district or county by
632 manual or electronic transmission, and thereafter the school
633 district or its designee or the county shall mail a notice of
634 hearing, which shall include a hearing date and may at the
635 discretion of the district or county include virtual and in
636 person hearing options, to the petitioner by first-class mail.
637 Mailing of the notice of hearing constitutes notification. Upon
638 receipt of the notice of hearing, the petitioner may reschedule
639 the hearing up to two times once by submitting a written request
640 to the local hearing officer at least 5 calendar days before the
641 day of the originally scheduled hearing. The petitioner may
642 cancel his or her hearing by paying the penalty assessed in the
643 notice of violation.
644 4. All testimony at the hearing must shall be under oath
645 and recorded. The local hearing officer shall take testimony
646 from a representative of the law enforcement agency and the
647 petitioner, and may take testimony from others. The local
648 hearing officer shall review the video and images recorded by a
649 school bus infraction detection system. Formal rules of evidence
650 do not apply, but due process shall be observed and govern the
651 proceedings.
652 5. At the conclusion of the hearing, the local hearing
653 officer shall determine by a preponderance of the evidence
654 whether a violation has occurred and shall uphold or dismiss the
655 violation. The local hearing officer shall issue a final
656 administrative order including the determination and, if the
657 notice of violation is upheld, must require the petitioner to
658 pay the civil penalty previously assessed in the notice of
659 violation, and may shall also require the petitioner to pay
660 costs, not to exceed those established in s. 316.0083(5)(e), to
661 be used by the county for operational costs relating to the
662 hearing process or by the school district for technology and
663 operational costs relating to the hearing process as well as
664 school transportation safety-related initiatives. The final
665 administrative order must shall be mailed to the petitioner by
666 first-class mail.
667 6. An aggrieved party may appeal a final administrative
668 order consistent with the process provided in s. 162.11.
669 (c) Any hearing for a contested notice of violation that
670 has not been conducted before July 1, 2025, may be conducted
671 pursuant to the procedures in this subsection within 1 year
672 after such date.
673 (18)(a)1. A school district that operates one or more
674 school bus infraction detection systems shall annually report
675 the results of all such systems operated within the school
676 district by placing the annual report to the department required
677 under paragraph (b) as a single reporting item on the agenda of
678 a regular or special meeting of the school board.
679 2. Interested members of the public must be allowed to
680 comment regarding the report under the school board’s public
681 comment policies or procedures, and the report may not be
682 considered as part of a consent agenda.
683 3. The report required under this paragraph must include a
684 written summary, which must be read aloud at the regular or
685 special meeting, and the summary must contain, for the same time
686 period as the annual report to the department under paragraph
687 (b), the number of school buses that have a school bus
688 infraction detection system installed, including the date of
689 installation and, if applicable, the date the systems were
690 removed; the number of notices of violations issued and the
691 number that were contested, the number that were upheld, the
692 number that were dismissed, the number that were issued as
693 uniform traffic citations, and the number that were paid; and
694 the manner in which collected funds were distributed and in what
695 amounts.
696 4. The compliance or sufficiency of compliance with this
697 paragraph may not be raised in a proceeding challenging a
698 violation of s. 316.172(a) or (b) enforced by a school bus
699 infraction detection system.
700 5. A school district that does not comply with this
701 paragraph may not operate school bus infraction detection
702 systems under this section until such noncompliance is
703 corrected.
704 (b) By October 1, annually 2023, and quarterly thereafter,
705 each school district operating a school bus infraction detection
706 system shall must submit, in consultation with the law
707 enforcement agencies with which it has interlocal agreements
708 pursuant to this section, a report to the department which
709 details the results of the school bus infraction detection
710 systems in the school district during the preceding state fiscal
711 year in the preceding quarter. The information from the school
712 districts must be submitted in a form and manner determined by
713 the department, which the department must make available to the
714 school districts by August 1, 2023, and must include at least
715 the following:
716 1. The number of school buses that have a school bus
717 infraction detection system installed, including the date of
718 installation and, if applicable, the date the systems were
719 removed.
720 2. The number of notices of violations issued, the number
721 that were contested, the number that were upheld, the number
722 that were dismissed, the number that were issued as uniform
723 traffic citations, and the number that were paid.
724 3. Data for each infraction to determine locations in need
725 of safety improvements. Such data may include, but is not
726 limited to, global positioning system coordinates of the
727 infraction, the date and time of the infraction, and the name of
728 the school that the school bus was transporting students to or
729 from.
730 4. Any other statistical data and information required by
731 the department to complete the report required by paragraph (c).
732
733 The department shall publish on its website each report
734 submitted by a school district pursuant to this paragraph.
735 (c)(b) Each school district that operates a school bus
736 infraction detection system is responsible for and shall must
737 maintain its respective data for reporting purposes under this
738 subsection for at least 2 years after such data is reported to
739 the department.
740 (d)(c) On or before December 31, 2024, and annually
741 thereafter, the department shall submit a summary report to the
742 Governor, the President of the Senate, and the Speaker of the
743 House of Representatives regarding the use and operation of
744 school bus infraction detection systems under this section,
745 along with the department’s recommendations and any recommended
746 legislation. The summary report must include a review of the
747 information submitted to the department by the school districts
748 and must describe the enhancement of traffic safety and
749 enforcement programs.
750 (19) A school bus infraction detection system must meet
751 specifications established by the State Board of Education and
752 must be tested at regular intervals according to specifications
753 prescribed by state board rule. The state board must establish
754 such specifications by rule on or before December 31, 2023.
755 However, any such equipment acquired by purchase, lease, or
756 other arrangement under an agreement entered into by a school
757 district on or before December 31, 2023, is not required to meet
758 the specifications established by the state board until July 1,
759 2024.
760 Section 9. Subsection (1), paragraphs (b) and (c) of
761 subsection (2), subsections (3), (5) through (9), (12), and
762 (13), paragraph (c) of subsection (14), paragraph (a) of
763 subsection (15), and paragraphs (a) and (c) of subsection (16)
764 of section 316.1896, Florida Statutes, are amended to read:
765 316.1896 Roadways maintained as school zones; speed
766 detection system enforcement; penalties; appeal procedure;
767 privacy; reports.—
768 (1) For purposes of administering this section, a county or
769 municipality may authorize a traffic infraction enforcement
770 officer under s. 316.640 to issue uniform traffic citations for
771 violations of s. 316.1895 during the times listed in s.
772 316.1895(5) ss. 316.1895 and 316.183 as authorized by s.
773 316.008(9), as follows:
774 (a) For a violation of s. 316.1895 in excess of 10 miles
775 per hour over the school zone speed limit which occurs within 30
776 minutes before through 30 minutes after the start of a regularly
777 scheduled breakfast program.
778 (b) For a violation of s. 316.1895 in excess of 10 miles
779 per hour over the school zone speed limit which occurs within 30
780 minutes before through 30 minutes after the start of a regularly
781 scheduled school session.
782 (c) For a violation of s. 316.183 in excess of 10 miles per
783 hour over the posted speed limit during the entirety of a
784 regularly scheduled school session.
785 (d) For a violation of s. 316.1895 in excess of 10 miles
786 per hour over the school zone speed limit which occurs within 30
787 minutes before through 30 minutes after the end of a regularly
788 scheduled school session.
789
790 Such violation must be evidenced by a speed detection system
791 described in ss. 316.008(9) and 316.0776(3). This subsection
792 does not prohibit a review of information from a speed detection
793 system by an authorized employee or agent of a county or
794 municipality before issuance of the uniform traffic citation by
795 the traffic infraction enforcement officer. This subsection does
796 not prohibit a county or municipality from issuing notices as
797 provided in subsection (2) to the registered owner of the motor
798 vehicle for a violation of s. 316.1895. The school zone speed
799 limit may not be enforced through the use of a speed detection
800 system if any flashing beacon used to provide notice of the
801 times during which a restrictive school speed limit is being
802 enforced in the school zone is not activated at the time of the
803 violation or s. 316.183.
804 (2) Within 30 days after a violation, notice must be sent
805 to the registered owner of the motor vehicle involved in the
806 violation specifying the remedies available under s. 318.14 and
807 that the violator must pay the penalty under s. 318.18(3)(d) to
808 the county or municipality, or furnish an affidavit in
809 accordance with subsection (8), within 30 days after the date of
810 the notice of violation in order to avoid court fees, costs, and
811 the issuance of a uniform traffic citation. The notice of
812 violation must:
813 (b) Include a photograph or other recorded image showing
814 the license plate of the motor vehicle; the date, time, and
815 location of the violation; the maximum speed at which the motor
816 vehicle was traveling within the school zone; and the speed
817 limit within the school zone at the time of the violation.
818 (c) Include a notice that the owner has the right to
819 review, in person or remotely, the photograph or video captured
820 by the speed detection system and the evidence of the speed of
821 the motor vehicle detected by the speed detection system which
822 constitute a rebuttable presumption that the motor vehicle was
823 used in violation of s. 316.1895 or s. 316.183.
824 (3) Notwithstanding any other law, a person who receives a
825 notice of violation under this section may request a hearing
826 within 60 30 days after the notice of violation or may pay the
827 penalty pursuant to the notice of violation, but a payment or
828 fee may not be required before the hearing requested by the
829 person. The notice of violation must be accompanied by, or
830 direct the person to a website that provides, information on the
831 person’s right to request a hearing and on all costs related
832 thereto and a form used for requesting a hearing. As used in
833 this subsection, the term “person” includes a natural person,
834 the registered owner or co-owner of a motor vehicle, or the
835 person identified in an affidavit as having actual care,
836 custody, or control of the motor vehicle at the time of the
837 violation.
838 (5) Penalties assessed and collected by the county or
839 municipality authorized to collect the funds provided for in
840 this section, less the amount retained by the county or
841 municipality pursuant to paragraphs (b) and (e) paragraph (b)
842 and paragraph (e) and the amount remitted to the county school
843 district pursuant to paragraph (d), must be paid to the
844 Department of Revenue weekly. Such payment must be made by means
845 of electronic funds transfer. In addition to the payment, a
846 detailed summary of the penalties remitted must be reported to
847 the Department of Revenue. Penalties to be assessed and
848 collected by the county or municipality as established in s.
849 318.18(3)(d) must be remitted as follows:
850 (a) Twenty dollars must be remitted to the Department of
851 Revenue for deposit into the General Revenue Fund.
852 (b) Sixty dollars must be retained by the county or
853 municipality and must be used to administer speed detection
854 systems in school zones and other public safety initiatives.
855 (c) Three dollars must be remitted to the Department of
856 Revenue for deposit into the Department of Law Enforcement
857 Criminal Justice Standards and Training Trust Fund.
858 (d) Twelve dollars must be remitted to the county school
859 district in which the violation occurred and must be used for
860 school security initiatives, for student transportation, or to
861 improve the safety of student walking conditions. Funds remitted
862 under this paragraph must be shared with charter schools in the
863 district based on each charter school’s proportionate share of
864 the district’s total unweighted full-time equivalent student
865 enrollment and must be used for school security initiatives or
866 to improve the safety of student walking conditions.
867 (e) Five dollars must be retained by the county or
868 municipality for the School Crossing Guard Recruitment and
869 Retention Program pursuant to s. 316.1894.
870
871 An individual may not receive a commission or per-ticket fee
872 from any revenue collected from violations detected through the
873 use of a speed detection system. A manufacturer or vendor of
874 speed detection systems may not receive a fee or remuneration
875 based upon the number of violations detected through the use of
876 a speed detection system.
877 (6) A uniform traffic citation must be issued by mailing
878 the uniform traffic citation by certified mail to the address of
879 the registered owner of the motor vehicle involved in the
880 violation if payment has not been made within 60 30 days after
881 notification under subsection (2), if the registered owner has
882 not requested a hearing as authorized under subsection (3), and
883 if the registered owner has not submitted an affidavit in
884 accordance with subsection (8).
885 (a) Delivery of the uniform traffic citation constitutes
886 notification of a violation under this subsection. If the
887 registered owner or co-owner of the motor vehicle; the person
888 identified as having care, custody, or control of the motor
889 vehicle at the time of the violation; or a duly authorized
890 representative of the owner, co-owner, or identified person
891 initiates a proceeding to challenge the citation pursuant to
892 this section, such person waives any challenge or dispute as to
893 the delivery of the uniform traffic citation.
894 (b) In the case of joint ownership of a motor vehicle, the
895 uniform traffic citation must be mailed to the first name
896 appearing on the motor vehicle registration, unless the first
897 name appearing on the registration is a business organization,
898 in which case the second name appearing on the registration may
899 be used.
900 (c) The uniform traffic citation mailed to the registered
901 owner of the motor vehicle involved in the infraction must be
902 accompanied by the information described in paragraphs (2)(b)
903 (d).
904 (7) The registered owner of the motor vehicle involved in
905 the violation is responsible and liable for paying the uniform
906 traffic citation issued for a violation of s. 316.1895 or s.
907 316.183 unless the owner can establish that:
908 (a) The motor vehicle was, at the time of the violation, in
909 the care, custody, or control of another person;
910 (b) A uniform traffic citation was issued by law
911 enforcement to the driver of the motor vehicle for the alleged
912 violation of s. 316.1895 or s. 316.183; or
913 (c) The motor vehicle’s owner was deceased on or before the
914 date of the alleged violation, as established by an affidavit
915 submitted by the representative of the motor vehicle owner’s
916 estate or other identified person or family member.
917 (8) To establish such facts under subsection (7), the
918 registered owner of the motor vehicle must, within 60 30 days
919 after the date of issuance of the notice of violation or the
920 uniform traffic citation, furnish to the appropriate
921 governmental entity an affidavit setting forth information
922 supporting an exception under subsection (7).
923 (a) An affidavit supporting the exception under paragraph
924 (7)(a) must include the name, address, date of birth, and, if
925 known, the driver license number of the person who leased,
926 rented, or otherwise had care, custody, or control of the motor
927 vehicle at the time of the alleged violation. If the motor
928 vehicle was stolen at the time of the alleged violation, the
929 affidavit must include the police report indicating that the
930 motor vehicle was stolen.
931 (b) If a uniform traffic citation for a violation of s.
932 316.1895 or s. 316.183 was issued at the location of the
933 violation by a law enforcement officer, the affidavit must
934 include the serial number of the uniform traffic citation.
935 (c) If the motor vehicle’s owner to whom a notice of
936 violation or a uniform traffic citation has been issued is
937 deceased, the affidavit must include a certified copy of the
938 owner’s death certificate showing that the date of death
939 occurred on or before the date of the alleged violation and one
940 of the following:
941 1. A bill of sale or other document showing that the
942 deceased owner’s motor vehicle was sold or transferred after his
943 or her death but on or before the date of the alleged violation.
944 2. Documented proof that the registered license plate
945 belonging to the deceased owner’s motor vehicle was returned to
946 the department or any branch office or authorized agent of the
947 department after his or her death but on or before the date of
948 the alleged violation.
949 3. A copy of the police report showing that the deceased
950 owner’s registered license plate or motor vehicle was stolen
951 after his or her death but on or before the date of the alleged
952 violation.
953
954 Upon receipt of the affidavit and documentation required under
955 paragraphs (b) and (c), or 60 30 days after the date of issuance
956 of a notice of violation sent to a person identified as having
957 care, custody, or control of the motor vehicle at the time of
958 the violation under paragraph (a), the county or municipality
959 must dismiss the notice or citation and provide proof of such
960 dismissal to the person who submitted the affidavit. If, within
961 30 days after the date of a notice of violation sent to a person
962 under subsection (9), the county or municipality receives an
963 affidavit under subsection (10) from the person sent a notice of
964 violation affirming that the person did not have care, custody,
965 or control of the motor vehicle at the time of the violation,
966 the county or municipality must notify the registered owner that
967 the notice or citation will not be dismissed due to failure to
968 establish that another person had care, custody, or control of
969 the motor vehicle at the time of the violation.
970 (9) Upon receipt of an affidavit under paragraph (8)(a),
971 the county or municipality may issue the person identified as
972 having care, custody, or control of the motor vehicle at the
973 time of the violation a notice of violation pursuant to
974 subsection (2) for a violation of s. 316.1895 or s. 316.183. The
975 affidavit is admissible in a proceeding pursuant to this section
976 for the purpose of providing evidence that the person identified
977 in the affidavit was in actual care, custody, or control of the
978 motor vehicle. The owner of a leased motor vehicle for which a
979 uniform traffic citation is issued for a violation of s.
980 316.1895 or s. 316.183 is not responsible for paying the uniform
981 traffic citation and is not required to submit an affidavit as
982 specified in subsection (8) if the motor vehicle involved in the
983 violation is registered in the name of the lessee of such motor
984 vehicle.
985 (12) The photograph or video captured by a speed detection
986 system and the evidence of the speed of the motor vehicle
987 detected by a speed detection system which are attached to or
988 referenced in the uniform traffic citation are evidence of a
989 violation of s. 316.1895 or s. 316.183 and are admissible in any
990 proceeding to enforce this section. The photograph or video and
991 the evidence of speed detected raise a rebuttable presumption
992 that the motor vehicle named in the report or shown in the
993 photograph or video was used in violation of s. 316.1895 or s.
994 316.183.
995 (13) This section supplements the enforcement of s.
996 316.1895 ss. 316.1895 and 316.183 by a law enforcement officer
997 and does not prohibit a law enforcement officer from issuing a
998 uniform traffic citation for a violation of s. 316.1895 or s.
999 316.183.
1000 (14) A hearing under this section must be conducted under
1001 the procedures established by s. 316.0083(5) and as follows:
1002 (c) A person, referred to in this subsection as the
1003 “petitioner,” who elects to request a hearing under subsection
1004 (3) must be scheduled for a hearing by the clerk to the local
1005 hearing officer. The hearing may be conducted either virtually
1006 through live video conferencing or in person. The clerk to the
1007 local hearing officer shall provide must furnish the petitioner
1008 with notice of the hearing, including the option for a virtual
1009 or in-person hearing, which must be sent by first-class mail.
1010 Upon receipt of the notice, the petitioner may reschedule the
1011 hearing up to two times by submitting a written request to
1012 reschedule to the clerk at least 5 calendar days before the day
1013 of the scheduled hearing. The petitioner may cancel his or her
1014 appearance before the local hearing officer by paying the
1015 penalty assessed under subsection (2), plus the administrative
1016 costs established in s. 316.0083(5)(c), before the start of the
1017 hearing.
1018 (15)(a) A speed detection system in a school zone may not
1019 be used for remote surveillance. The collection of evidence by a
1020 speed detection system to enforce violations of s. 316.1895 ss.
1021 316.1895 and 316.183, or user-controlled pan or tilt adjustments
1022 of speed detection system components, do not constitute remote
1023 surveillance. Recorded video or photographs collected by as part
1024 of a speed detection system in a school zone may only be used to
1025 document violations of s. 316.1895 ss. 316.1895 and 316.183 and
1026 for purposes of determining criminal or civil liability for
1027 incidents captured by the speed detection system incidental to
1028 the permissible use of the speed detection system.
1029 (16)(a) Each county or municipality that operates one or
1030 more speed detection systems shall must submit a report by
1031 October 1, 2024, and annually thereafter, to the department
1032 which identifies the public safety objectives used to identify a
1033 school zone for enforcement under this section, reports
1034 compliance with s. 316.0776(3)(c), and details the results of
1035 the speed detection system in the school zone and the procedures
1036 for enforcement. The information from counties and
1037 municipalities must be submitted in a form and manner determined
1038 by the department, which the department must make available to
1039 the counties and municipalities by August 1, 2023, and the
1040 department may require data components to be submitted
1041 quarterly. The report must include at least the following:
1042 1. Information related to the location of each speed
1043 detection system, including the geocoordinates of the school
1044 zone, the directional approach of the speed detection system,
1045 the school name, the school level, the times the speed detection
1046 system was active, the restricted school zone speed limit
1047 enforced pursuant to s. 316.1895(5), the posted speed limit
1048 enforced at times other than those authorized by s. 316.1895(5),
1049 the date the systems were activated to enforce violations of s.
1050 316.1895 ss. 316.1895 and 316.183, and, if applicable, the date
1051 the systems were deactivated.
1052 2. The number of notices of violation issued, the number
1053 that were contested, the number that were upheld, the number
1054 that were dismissed, the number that were issued as uniform
1055 traffic citations, and the number that were paid.
1056 3. Any other statistical data and information related to
1057 the procedures for enforcement which is required by the
1058 department to complete the report required under paragraph (c).
1059
1060 The department shall publish on its website each report
1061 submitted by a county or municipality pursuant to this
1062 paragraph.
1063 (c) On or before December 31, 2024, and annually
1064 thereafter, the department shall must submit a summary report to
1065 the Governor, the President of the Senate, and the Speaker of
1066 the House of Representatives regarding the use of speed
1067 detection systems under this section during the preceding state
1068 fiscal year, along with any recommended legislation legislative
1069 recommendations from the department. The summary report must
1070 include a review of the information submitted to the department
1071 by the counties and municipalities and must describe the
1072 enhancement of safety and enforcement programs.
1073 Section 10. Paragraph (d) of subsection (1) of section
1074 316.1906, Florida Statutes, is reordered and amended, and
1075 subsection (3) of that section is amended, to read:
1076 316.1906 Radar speed-measuring devices; speed detection
1077 systems; evidence, admissibility.—
1078 (1) DEFINITIONS.—
1079 (d) “Officer” means any:
1080 2.1. “Law enforcement officer” who is elected, appointed,
1081 or employed full time by any municipality or the state or any
1082 political subdivision thereof; who is vested with the authority
1083 to bear arms and make arrests; and whose primary responsibility
1084 is the prevention and detection of crime or the enforcement of
1085 the penal, criminal, traffic, or highway laws of the state;
1086 3.2. “Part-time law enforcement officer” who is employed or
1087 appointed less than full time, as defined by an employing
1088 agency, with or without compensation; who is vested with
1089 authority to bear arms and make arrests; and whose primary
1090 responsibility is the prevention and detection of crime or the
1091 enforcement of the penal, criminal, traffic, or highway laws of
1092 the state; or
1093 1.3. “Auxiliary law enforcement officer” who is employed or
1094 appointed, with or without compensation; who aids or assists a
1095 full-time or part-time law enforcement officer; and who, while
1096 under the direct supervision of a full-time or part-time law
1097 enforcement officer, has the authority to arrest and perform law
1098 enforcement functions; or
1099 4. “Traffic infraction enforcement officer” who is employed
1100 or appointed, with or without compensation, and satisfies the
1101 requirements of s. 316.640(5) and is vested with authority to
1102 enforce violations of s. 316.1895 ss. 316.1895 and 316.183
1103 pursuant to s. 316.1896.
1104 (3) A speed detection system is exempt from the design
1105 requirements for radar or LiDAR units established by the
1106 department. A speed detection system must have the ability to
1107 perform self-tests as to its detection accuracy. The system must
1108 perform a self-test at least once every 30 days. The law
1109 enforcement agency, or an agent acting on behalf of the law
1110 enforcement agency, operating a speed detection system must
1111 maintain a log of the results of the system’s self-tests. The
1112 law enforcement agency, or an agent acting on behalf of the law
1113 enforcement agency, operating a speed detection system must also
1114 perform an independent calibration test on the speed detection
1115 system at least once every 12 months. The self-test logs, as
1116 well as the results of the annual calibration test, are
1117 admissible in any court proceeding for a uniform traffic
1118 citation issued for a violation of s. 316.1895 or s. 316.183
1119 enforced pursuant to s. 316.1896. Notwithstanding subsection
1120 (2), evidence of the speed of a motor vehicle detected by a
1121 speed detection system compliant with this subsection and the
1122 determination by a traffic infraction enforcement officer that a
1123 motor vehicle is operating in excess of the applicable speed
1124 limit is admissible in any proceeding with respect to an alleged
1125 violation of law regulating the speed of motor vehicles in
1126 school zones.
1127 Section 11. Paragraph (a) of subsection (5) of section
1128 316.640, Florida Statutes, is amended to read:
1129 316.640 Enforcement.—The enforcement of the traffic laws of
1130 this state is vested as follows:
1131 (5)(a) Any sheriff’s department or police department of a
1132 municipality may employ, as a traffic infraction enforcement
1133 officer, any individual who successfully completes instruction
1134 in traffic enforcement procedures and court presentation through
1135 the Selective Traffic Enforcement Program as approved by the
1136 Division of Criminal Justice Standards and Training of the
1137 Department of Law Enforcement, or through a similar program, but
1138 who does not necessarily otherwise meet the uniform minimum
1139 standards established by the Criminal Justice Standards and
1140 Training Commission for law enforcement officers or auxiliary
1141 law enforcement officers under s. 943.13. Any such traffic
1142 infraction enforcement officer who observes the commission of a
1143 traffic infraction or, in the case of a parking infraction, who
1144 observes an illegally parked vehicle may issue a traffic
1145 citation for the infraction when, based upon personal
1146 investigation, he or she has reasonable and probable grounds to
1147 believe that an offense has been committed which constitutes a
1148 noncriminal traffic infraction as defined in s. 318.14. In
1149 addition, any such traffic infraction enforcement officer may
1150 issue a traffic citation under ss. 316.0083, 316.173, and
1151 316.1896 ss. 316.0083 and 316.1896. For purposes of enforcing
1152 ss. 316.074(1), 316.075(1)(c)1., 316.172(1)(a) and (b), and
1153 316.1895(10) ss. 316.0083, 316.1895, and 316.183, any sheriff’s
1154 department or police department of a municipality may designate
1155 employees as traffic infraction enforcement officers. The
1156 traffic infraction enforcement officers must be physically
1157 located in the county of the respective sheriff’s or police
1158 department.
1159 Section 12. Paragraph (c) of subsection (3) of section
1160 316.650, Florida Statutes, is amended to read:
1161 316.650 Traffic citations.—
1162 (3)
1163 (c) If a traffic citation is issued under s. 316.0083, s.
1164 316.173, or s. 316.1896, the traffic infraction enforcement
1165 officer must shall provide by electronic transmission a replica
1166 of the traffic citation data to the court having jurisdiction
1167 over the alleged offense or its traffic violations bureau within
1168 5 business days after the date of issuance of the traffic
1169 citation to the violator. If a hearing is requested, the traffic
1170 infraction enforcement officer must shall provide a replica of
1171 the traffic notice of violation data to the clerk to for the
1172 local hearing officer having jurisdiction over the alleged
1173 offense within 14 days.
1174 Section 13. Subsection (3) of section 318.15, Florida
1175 Statutes, is amended to read:
1176 318.15 Failure to comply with civil penalty or to appear;
1177 penalty.—
1178 (3) The clerk shall notify the department of persons who
1179 were mailed a notice of violation of s. 316.074(1) or s.
1180 316.075(1)(c)1. pursuant to s. 316.0083, of s. 316.172(1)(a) or
1181 (b) pursuant to s. 316.173, or of s. 316.1895(10) pursuant to s.
1182 316.1896, and who failed to enter into, or comply with the terms
1183 of, a penalty payment plan, or order with the clerk to the local
1184 hearing officer or failed to appear at a scheduled hearing
1185 within 10 days after such failure, and shall reference the
1186 person’s driver license number, or in the case of a business
1187 entity, vehicle registration number.
1188 (a) Upon receipt of such notice, the department, or
1189 authorized agent thereof, may not issue a license plate or
1190 revalidation sticker for any motor vehicle owned or co-owned by
1191 that person pursuant to s. 320.03(8) until the amounts assessed
1192 have been fully paid.
1193 (b) After the issuance of the person’s license plate or
1194 revalidation sticker is withheld pursuant to paragraph (a), the
1195 person may challenge the withholding of the license plate or
1196 revalidation sticker only on the basis that the outstanding
1197 fines and civil penalties have been paid pursuant to s.
1198 320.03(8).
1199 Section 14. Paragraph (d) of subsection (3) and subsection
1200 (23) of section 318.18, Florida Statutes, are amended to read:
1201 318.18 Amount of penalties.—The penalties required for a
1202 noncriminal disposition pursuant to s. 318.14 or a criminal
1203 offense listed in s. 318.17 are as follows:
1204 (3)
1205 (d)1. Notwithstanding paragraphs (b) and (c), a person
1206 cited for a violation of s. 316.1895(10) or s. 316.183 for
1207 exceeding the speed limit in force at the time of the violation
1208 on a roadway maintained as a school zone as provided in s.
1209 316.1895, when enforced by a traffic infraction enforcement
1210 officer pursuant to s. 316.1896, must pay a fine of $100. Fines
1211 collected under this paragraph must be distributed as follows:
1212 a. Twenty dollars must be remitted to the Department of
1213 Revenue for deposit into the General Revenue Fund.
1214 b. Seventy-seven dollars must be distributed to the county
1215 for any violations occurring in any unincorporated areas of the
1216 county or to the municipality for any violations occurring in
1217 the incorporated boundaries of the municipality in which the
1218 infraction occurred, to be used as provided in s. 316.1896(5).
1219 c. Three dollars must be remitted to the Department of
1220 Revenue for deposit into the Department of Law Enforcement
1221 Criminal Justice Standards and Training Trust Fund to be used as
1222 provided in s. 943.25.
1223 2. If a person who is mailed a notice of violation or a
1224 uniform traffic citation for a violation of s. 316.1895(10) or
1225 s. 316.183, as enforced by a traffic infraction enforcement
1226 officer under s. 316.1896, presents documentation from the
1227 appropriate governmental entity that the notice of violation or
1228 uniform traffic citation was in error, the clerk of court or
1229 clerk to the local hearing officer may dismiss the case. The
1230 clerk of court or clerk to the local hearing officer may not
1231 charge for this service.
1232 3. An individual may not receive a commission or per-ticket
1233 fee from any revenue collected from violations detected through
1234 the use of a speed detection system. A manufacturer or vendor
1235 may not receive a fee or remuneration based upon the number of
1236 violations detected through the use of a speed detection system.
1237 (23) In addition to the penalty prescribed under s.
1238 316.0083, s. 316.173, or s. 316.1895 for violations enforced
1239 under those sections s. 316.0083 which are upheld by the local
1240 hearing officer, the local hearing officer may also order the
1241 payment of county, or municipal, or school district costs, not
1242 to exceed $250.
1243 Section 15. Subsection (12) of section 320.02, Florida
1244 Statutes, is amended to read:
1245 320.02 Registration required; application for registration;
1246 forms.—
1247 (12) The department is authorized to withhold registration
1248 or reregistration of any motor vehicle if the owner, or one of
1249 the co-owners of the vehicle:,
1250 (a) Has a driver license which is under suspension for the
1251 failure to remit payment of any fines levied in this state
1252 pursuant to chapter 318 or chapter 322; or
1253 (b) Received a traffic citation for a violation of s.
1254 316.074(1) or s. 316.075(1)(c)1., s. 316.172(1)(a) or (b), or s.
1255 316.1895(10), as enforced by s. 316.0083, s. 316.173, or s.
1256 316.1896, respectively, and did not request a hearing, submit an
1257 affidavit claiming an exception, or pay the traffic citation.
1258 Section 16. Paragraph (d) of subsection (3) of section
1259 322.27, Florida Statutes, is amended to read:
1260 322.27 Authority of department to suspend or revoke driver
1261 license or identification card.—
1262 (3) There is established a point system for evaluation of
1263 convictions of violations of motor vehicle laws or ordinances,
1264 and violations of applicable provisions of s. 403.413(6)(b) when
1265 such violations involve the use of motor vehicles, for the
1266 determination of the continuing qualification of any person to
1267 operate a motor vehicle. The department is authorized to suspend
1268 the license of any person upon showing of its records or other
1269 good and sufficient evidence that the licensee has been
1270 convicted of violation of motor vehicle laws or ordinances, or
1271 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1272 more points as determined by the point system. The suspension
1273 shall be for a period of not more than 1 year.
1274 (d) The point system shall have as its basic element a
1275 graduated scale of points assigning relative values to
1276 convictions of the following violations:
1277 1. Reckless driving, willful and wanton—4 points.
1278 2. Leaving the scene of a crash resulting in property
1279 damage of more than $50—6 points.
1280 3. Unlawful speed, or unlawful use of a wireless
1281 communications device, resulting in a crash—6 points.
1282 4. Passing a stopped school bus:
1283 a. Not causing or resulting in serious bodily injury to or
1284 death of another—4 points.
1285 b. Causing or resulting in serious bodily injury to or
1286 death of another—6 points.
1287 c. Points may not be imposed for a violation of passing a
1288 stopped school bus as provided in s. 316.172(1)(a) or (b) when
1289 enforced by a school bus infraction detection system pursuant to
1290 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1291 when enforced by a school bus infraction detection system
1292 pursuant to s. 316.173 may not be used for purposes of setting
1293 motor vehicle insurance rates.
1294 5. Unlawful speed:
1295 a. Not in excess of 15 miles per hour of lawful or posted
1296 speed—3 points.
1297 b. In excess of 15 miles per hour of lawful or posted
1298 speed—4 points.
1299 c. Points may not be imposed for a violation of unlawful
1300 speed as provided in s. 316.1895 or s. 316.183 when enforced by
1301 a traffic infraction enforcement officer pursuant to s.
1302 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1303 when enforced by a traffic infraction enforcement officer
1304 pursuant to s. 316.1896 may not be used for purposes of setting
1305 motor vehicle insurance rates.
1306 6. A violation of a traffic control signal device as
1307 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1308 However, points may not be imposed for a violation of s.
1309 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1310 stop at a traffic signal and when enforced by a traffic
1311 infraction enforcement officer. In addition, a violation of s.
1312 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1313 stop at a traffic signal and when enforced by a traffic
1314 infraction enforcement officer may not be used for purposes of
1315 setting motor vehicle insurance rates.
1316 7. Unlawfully driving a vehicle through a railroad-highway
1317 grade crossing—6 points.
1318 8. All other moving violations (including parking on a
1319 highway outside the limits of a municipality)—3 points. However,
1320 points may not be imposed for a violation of s. 316.2065(11);
1321 and points may be imposed for a violation of s. 316.1001 only
1322 when imposed by the court after a hearing pursuant to s.
1323 318.14(5).
1324 9. Any moving violation covered in this paragraph,
1325 excluding unlawful speed and unlawful use of a wireless
1326 communications device, resulting in a crash—4 points.
1327 10. Any conviction under s. 403.413(6)(b)—3 points.
1328 11. Any conviction under s. 316.0775(2)—4 points.
1329 12. A moving violation covered in this paragraph which is
1330 committed in conjunction with the unlawful use of a wireless
1331 communications device within a school safety zone—2 points, in
1332 addition to the points assigned for the moving violation.
1333 Section 17. Subsection (23) is added to section 775.15,
1334 Florida Statutes, to read:
1335 775.15 Time limitations; general time limitations;
1336 exceptions.—
1337 (23) For a traffic violation enforced pursuant to s.
1338 316.0083, s. 316.173, or s. 316.1896, the 1-year period of
1339 limitation for a noncriminal violation pursuant to paragraph
1340 (2)(d) resets upon receipt of an affidavit indicating that the
1341 motor vehicle was in the care, custody, and control of another
1342 person at the time of the violation, as authorized in s.
1343 316.0083, s. 316.173, or s. 316.1896, respectively.
1344 Section 18. Paragraph (h) of subsection (3) of section
1345 1006.21, Florida Statutes, is amended to read:
1346 1006.21 Duties of district school superintendent and
1347 district school board regarding transportation.—
1348 (3) District school boards, after considering
1349 recommendations of the district school superintendent:
1350 (h) Upon an affirmative vote of the school board
1351 authorizing the use of school bus infraction detection systems,
1352 may install and operate, or enter into an agreement with a
1353 private vendor or manufacturer to install, operate, and maintain
1354 provide, a school bus infraction detection system pursuant to s.
1355 316.173.
1356 Section 19. For the purpose of incorporating the amendment
1357 made by this act to section 318.18, Florida Statutes, in a
1358 reference thereto, section 318.121, Florida Statutes, is
1359 reenacted to read:
1360 318.121 Preemption of additional fees, fines, surcharges,
1361 and costs.—Notwithstanding any general or special law, or
1362 municipal or county ordinance, additional fees, fines,
1363 surcharges, or costs other than the court costs and surcharges
1364 assessed under s. 318.18(12), (14), (19), (20), and (23) may not
1365 be added to the civil traffic penalties assessed under this
1366 chapter.
1367 Section 20. This act shall take effect October 1, 2026.