HB 1461

1
A bill to be entitled
2An act relating to uniform traffic control; amending s.
3316.003, F.S.; defining the term "school bus traffic
4infraction detector"; amending s. 316.008, F.S.;
5authorizing school districts to deploy school bus traffic
6infraction detectors under certain circumstances; creating
7s. 316.0084, F.S.; providing for use of school bus traffic
8infraction detectors to enforce specified provisions
9requiring a person driving a vehicle to stop when
10approaching a school bus displaying a stop signal;
11authorizing the Department of Highway Safety and Motor
12Vehicles, a county, or a municipality to authorize a
13traffic infraction enforcement officer to issue and
14enforce a citation for a violation of such provisions;
15requiring notification to be sent to the registered owner
16of the motor vehicle involved in the violation; providing
17requirements for the notification; providing for
18collection of penalties; providing for distribution of
19penalties collected; providing procedures for issuance,
20disposition, and enforcement of citations; providing for
21exemptions; providing that certain evidence is admissible
22for enforcement; providing penalties for submission of a
23false affidavit; providing that the act does not preclude
24the issuance of citations by law enforcement officers;
25requiring reports from participating school districts to
26the department; requiring the department to make reports
27to the Governor and Legislature; creating s. 316.07457,
28F.S.; requiring school bus traffic infraction detectors to
29meet specifications established by the department;
30creating s. 316.0777, F.S.; providing for the placement
31and installation of detectors on school buses when
32permitted by and under the specifications of the
33department; amending s. 316.640, F.S.; providing for
34authority of traffic enforcement officers appointed by the
35state, or a police department or sheriff's department to
36enforce specified provisions; amending s. 316.650, F.S.;
37requiring a traffic enforcement officer to provide to the
38court a replica of the citation data by electronic
39transmission under certain conditions; amending s. 318.14,
40F.S.; providing an exception from provisions requiring a
41person cited for an infraction for failing to stop upon
42approaching any school bus which displays a stop signal to
43sign and accept a citation indicating a promise to appear;
44amending s. 318.18, F.S.; increasing certain fines;
45providing for penalties for infractions enforced by a
46traffic infraction enforcement officer; providing for
47distribution of fines; allowing the clerk of court to
48dismiss certain cases upon receiving documentation that
49the uniform traffic citation was issued in error; creating
50s. 321.51, F.S.; authorizing the Department of Highway
51Safety and Motor Vehicles to use school bus traffic
52infraction detectors under certain circumstances; amending
53s. 322.27, F.S.; providing that no points may be assessed
54against the driver's license for infractions enforced by a
55traffic infraction enforcement officer; providing that
56infractions enforced by a traffic infraction enforcement
57officer may not be used for purposes of setting motor
58vehicle insurance rates; providing for severability;
59providing effective dates.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Subsection (89) is added to section 316.003,
64Florida Statutes, to read:
65     316.003  Definitions.-The following words and phrases, when
66used in this chapter, shall have the meanings respectively
67ascribed to them in this section, except where the context
68otherwise requires:
69     (89)  SCHOOL BUS TRAFFIC INFRACTION DETECTOR.-A vehicle
70sensor installed to work in conjunction with a school bus and a
71camera or cameras synchronized to automatically record two or
72more sequenced photographic or electronic images or streaming
73video of a motor vehicle at the time the vehicle passes a school
74bus in violation of s. 316.172(1)(a) or s. 316.172(1)(b).  Any
75notification under s. 316.0084(1)(b) or traffic citation issued
76by the use of a school bus traffic infraction detector must
77include a photograph, video feed, or other recorded image
78showing both the license tag of the offending vehicle and the
79school bus stop signal being violated.
80     Section 2.  Subsection (9) is added to section 316.008,
81Florida Statutes, to read:
82     316.008  Powers of local authorities.-
83     (9)  A Florida school district may deploy school bus
84traffic infraction detectors on its school buses for enforcing
85s. 316.172(1)(a) or s. 316.172(1)(b) when a driver fails to stop
86upon approaching any school bus which displays a stop signal. A
87school district deploying school bus traffic infraction
88detectors will coordinate the issuing of traffic citations with
89the Florida Highway Patrol, local sheriff's office, local police
90department, local school board police, if applicable, or other
91entity having the authority and jurisdiction to enforce the
92traffic laws of this state and within the particular school
93district as provided in ss. 316.006 and 316.640.
94     Section 3.  Section 316.0084, Florida Statutes, is created
95to read:
96     316.0084  School Bus Safety Program; administration;
97report.-
98     (1)(a)  For purposes of administering this section, the
99department, a county, or a municipality may authorize a traffic
100infraction enforcement officer under s. 316.640 to issue a
101traffic citation for a violation of s. 316.172(1)(a) or s.
102316.172(1)(b). This paragraph does not prohibit a review of
103information from a traffic infraction detector by an authorized
104employee or agent of the department, a county, or a municipality
105before issuance of the traffic citation by the traffic
106infraction enforcement officer. This paragraph does not prohibit
107the department, a county, or a municipality from issuing
108notification as provided in paragraph (b) to the registered
109owner of the motor vehicle involved in the violation of s.
110316.172(1)(a) or s. 316.172(1)(b).
111     (b)1.a.  Within 10 days after a violation, notification
112shall be sent to the registered owner of the motor vehicle
113involved in the violation specifying the remedies available
114under s. 318.14 and that the violator must pay the penalty of
115$265 to the department, county, or municipality, or furnish an
116affidavit in accordance with paragraph (d), within 30 days
117following the date of the notification in order to avoid court
118fees, costs, and the issuance of a traffic citation. The
119notification shall be sent by first-class mail.
120     b.  The notification under this paragraph must inform the
121owner that he or she has the right to review the photographic or
122electronic images or the streaming video evidence that
123constitutes a rebuttable presumption against the owner of the
124vehicle. The notice must state the time and place or Internet
125location where the evidence may be examined and observed.
126     2.  Penalty amounts collected by the department, a county,
127or a municipality under this section, less the amount retained
128by the department, county, or municipality pursuant to
129subparagraph 3., shall be remitted to the Department of Revenue
130each week by means of electronic funds transfer. In addition to
131the payment, summary detail of the penalty amounts remitted
132shall be reported to the Department of Revenue.
133     3.  A penalty amount of $265 shall be assessed for a
134violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
135has failed to stop upon approaching any school bus which
136displays a stop signal. Of that amount, $170 shall be remitted
137to the school district in which the violation occurred, $65
138shall be deposited into the Emergency Medical Services Trust
139Fund of the Department of Health to be used as provided in s.
140395.4036, $15 shall be remitted to the department, and $15 shall
141be retained by the county or municipality issuing the notice or
142citation or retained by the department if the department issued
143the notice or citation.
144     (c)1.a.  If payment has not been received within 30 days
145after notification under subparagraph (b)1., a traffic citation
146shall be issued by mailing the traffic citation by certified
147mail to the address of the registered owner of the motor vehicle
148involved in the violation.
149     b.  Delivery of the traffic citation constitutes
150notification under this paragraph.
151     c.  In the case of joint ownership of a motor vehicle, the
152traffic citation shall be mailed to the first name appearing on
153the registration, unless the first name appearing on the
154registration is a business organization, in which case the
155second name appearing on the registration may be used.
156     d.  The traffic citation shall be mailed to the registered
157owner of the motor vehicle involved in the violation no later
158than 45 days after the date of the violation.
159     2.  The citation under this paragraph must include a notice
160that the owner has the right to review, either in person or
161remotely, the photographic or electronic images or the streaming
162video evidence that constitutes a rebuttable presumption against
163the owner of the vehicle. The notice must state the time and
164place or Internet location where the evidence may be examined
165and observed.
166     (d)1.  The owner of the motor vehicle involved in the
167violation is responsible and liable for paying the uniform
168traffic citation issued for a violation of s. 316.172(1)(a) or
169s. 316.172(1)(b), unless the owner can establish that:
170     a.  The motor vehicle passed the bus at the direction of a
171law enforcement officer;
172     b.  The motor vehicle was, at the time of the violation, in
173the care, custody, or control of another person; or
174     c.  A uniform traffic citation was issued by a law
175enforcement officer to the driver of the motor vehicle for the
176alleged violation of s. 316.172(1)(a) or s. 316.172(1)(b).
177     2.  In order to establish such facts, the owner of the
178motor vehicle shall, within 30 days after the date of issuance
179of the traffic citation, furnish to the appropriate governmental
180entity an affidavit setting forth detailed information
181supporting an exemption as provided in this paragraph.
182     a.  An affidavit supporting an exemption under sub-
183subparagraph 1.b. must include the name, address, date of birth,
184and, if known, the driver's license number of the person who
185leased, rented, or otherwise had care, custody, or control of
186the motor vehicle at the time of the alleged violation. If the
187vehicle was stolen at the time of the alleged offense, the
188affidavit must include the police report indicating that the
189vehicle was stolen.
190     b.  If a traffic citation for a violation of s.
191316.172(1)(a) or s. 316.172(1)(b) was issued at the location of
192the violation by a law enforcement officer, the affidavit must
193include the serial number of the uniform traffic citation.
194     3.  Upon receipt of an affidavit supporting an exemption
195under sub-subparagraph 1.b., the person designated as having
196care, custody, and control of the motor vehicle at the time of
197the violation may be issued a traffic citation for a violation
198of s. 316.172(1)(a) or s. 316.172(1)(b) when the driver failed
199to stop upon approaching any school bus which displays a stop
200signal. The affidavit is admissible in a proceeding pursuant to
201this section for the purpose of providing proof that the person
202identified in the affidavit was in actual care, custody, or
203control of the motor vehicle. The owner of a leased vehicle for
204which a traffic citation is issued for a violation of s.
205316.172(1)(a) or s. 316.172(1)(b) is not responsible for paying
206the traffic citation and is not required to submit an affidavit
207as specified in this subsection if the motor vehicle involved in
208the violation is registered in the name of the lessee of such
209motor vehicle.
210     4.  The submission of a false affidavit is a misdemeanor of
211the second degree, punishable as provided in s. 775.082 or s.
212775.083.
213     (e)  The photographic or electronic images or streaming
214video attached to or referenced in the traffic citation is
215evidence that a violation of s. 316.172(1)(a) or s.
216316.172(1)(b) has occurred and is admissible in any proceeding
217to enforce this section and raises a rebuttable presumption that
218the motor vehicle named in the report or shown in the
219photographic or electronic images or streaming video evidence
220was used in violation of s. 316.172(1)(a) or s. 316.172(b).
221     (2)  This section supplements the enforcement of s.
222316.172(1)(a) or s. 316.172(1)(b) and does not prohibit a law
223enforcement officer from issuing a traffic citation for a
224violation of s. 316.172(1)(a) or s. 316.172(1)(b).
225     (3)(a)  Each school district that deploys a school bus
226traffic infraction detector shall submit a report by October 1,
2272013, and annually thereafter, to the department which details
228the results of using the school bus traffic infraction detector
229and the procedures for enforcement for the preceding state
230fiscal year. The information submitted by the counties and
231municipalities must include statistical data and information
232required by the department to complete the report required under
233paragraph (b).
234     (b)  On or before December 31, 2013, and annually
235thereafter, the department shall provide a summary report to the
236Governor, the President of the Senate, and the Speaker of the
237House of Representatives regarding the use and operation of
238traffic infraction detectors under this section, along with the
239department's recommendations and recommendations for any
240necessary legislation. The summary report must include a review
241of the information submitted to the department by the counties
242and municipalities and must describe the enhancement of the
243traffic safety and enforcement programs.
244     Section 4.  Section 316.07457, Florida Statutes, is created
245to read:
246     316.07457  Implementation.-Any school bus traffic
247infraction detector deployed by a school district on one or more
248of the buses in its fleet must meet specifications established
249by the department and must be tested at regular intervals
250according to specifications prescribed by the department. The
251department must establish such specifications on or before
252December 31, 2011.
253     Section 5.  Section 316.0777, Florida Statutes, is created
254to read:
255     316.0777  School bus traffic infraction detectors;
256placement and installation.-School bus traffic infraction
257detectors are allowed on the school buses of school districts
258when permitted by the department and under placement and
259installation specifications developed by the department.
260     Section 6.  Paragraph (b) of subsection (1) and subsection
261(5) of section 316.640, Florida Statutes, are amended to read:
262     316.640  Enforcement.-The enforcement of the traffic laws
263of this state is vested as follows:
264     (1)  STATE.-
265     (b)1.  The Department of Transportation has authority to
266enforce on all the streets and highways of this state all laws
267applicable within its authority.
268     2.a.  The Department of Transportation shall develop
269training and qualifications standards for toll enforcement
270officers whose sole authority is to enforce the payment of tolls
271pursuant to s. 316.1001. Nothing in this subparagraph shall be
272construed to permit the carrying of firearms or other weapons,
273nor shall a toll enforcement officer have arrest authority.
274     b.  For the purpose of enforcing s. 316.1001, governmental
275entities, as defined in s. 334.03, which own or operate a toll
276facility may employ independent contractors or designate
277employees as toll enforcement officers; however, any such toll
278enforcement officer must successfully meet the training and
279qualifications standards for toll enforcement officers
280established by the Department of Transportation.
281     3.  For the purpose of enforcing s. 316.0083 or s.
282316.0084, the department may designate employees as traffic
283infraction enforcement officers. A traffic infraction
284enforcement officer must successfully complete instruction in
285traffic enforcement procedures and court presentation through
286the Selective Traffic Enforcement Program as approved by the
287Division of Criminal Justice Standards and Training of the
288Department of Law Enforcement, or through a similar program, but
289may not necessarily otherwise meet the uniform minimum standards
290established by the Criminal Justice Standards and Training
291Commission for law enforcement officers or auxiliary law
292enforcement officers under s. 943.13. This subparagraph does not
293authorize the carrying of firearms or other weapons by a traffic
294infraction enforcement officer and does not authorize a traffic
295infraction enforcement officer to make arrests. The department's
296traffic infraction enforcement officers must be physically
297located in the state.
298     (5)(a)  Any sheriff's department or police department of a
299municipality may employ, as a traffic infraction enforcement
300officer, any individual who successfully completes instruction
301in traffic enforcement procedures and court presentation through
302the Selective Traffic Enforcement Program as approved by the
303Division of Criminal Justice Standards and Training of the
304Department of Law Enforcement, or through a similar program, but
305who does not necessarily otherwise meet the uniform minimum
306standards established by the Criminal Justice Standards and
307Training Commission for law enforcement officers or auxiliary
308law enforcement officers under s. 943.13. Any such traffic
309infraction enforcement officer who observes the commission of a
310traffic infraction or, in the case of a parking infraction, who
311observes an illegally parked vehicle may issue a traffic
312citation for the infraction when, based upon personal
313investigation, he or she has reasonable and probable grounds to
314believe that an offense has been committed which constitutes a
315noncriminal traffic infraction as defined in s. 318.14. In
316addition, any such traffic infraction enforcement officer may
317issue a traffic citation under s. 316.0083 or s. 316.0084. For
318purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff's
319department or police department of a municipality may designate
320employees as traffic infraction enforcement officers. The
321traffic infraction enforcement officers must be physically
322located in the county of the respective sheriff's or police
323department.
324     (b)  The traffic infraction enforcement officer shall be
325employed in relationship to a selective traffic enforcement
326program at a fixed location or as part of a crash investigation
327team at the scene of a vehicle crash or in other types of
328traffic infraction enforcement under the direction of a fully
329qualified law enforcement officer; however, it is not necessary
330that the traffic infraction enforcement officer's duties be
331performed under the immediate supervision of a fully qualified
332law enforcement officer.
333     (c)  This subsection does not permit the carrying of
334firearms or other weapons, nor do traffic infraction enforcement
335officers have arrest authority other than the authority to issue
336a traffic citation as provided in this subsection.
337     Section 7.  Subsection (3) of section 316.650, Florida
338Statutes, is amended to read:
339     316.650  Traffic citations.-
340     (3)(a)  Except for a traffic citation issued pursuant to s.
341316.1001, or s. 316.0083, or s. 316.0084, each traffic
342enforcement officer, upon issuing a traffic citation to an
343alleged violator of any provision of the motor vehicle laws of
344this state or of any traffic ordinance of any municipality or
345town, shall deposit the original traffic citation or, in the
346case of a traffic enforcement agency that has an automated
347citation issuance system, the chief administrative officer shall
348provide by an electronic transmission a replica of the citation
349data to a court having jurisdiction over the alleged offense or
350with its traffic violations bureau within 5 days after issuance
351to the violator.
352     (b)  If a traffic citation is issued pursuant to s.
353316.1001, a traffic enforcement officer may deposit the original
354traffic citation or, in the case of a traffic enforcement agency
355that has an automated citation system, may provide by an
356electronic transmission a replica of the citation data to a
357court having jurisdiction over the alleged offense or with its
358traffic violations bureau within 45 days after the date of
359issuance of the citation to the violator. If the person cited
360for the violation of s. 316.1001 makes the election provided by
361s. 318.14(12) and pays the $25 fine, or such other amount as
362imposed by the governmental entity owning the applicable toll
363facility, plus the amount of the unpaid toll that is shown on
364the traffic citation directly to the governmental entity that
365issued the citation, or on whose behalf the citation was issued,
366in accordance with s. 318.14(12), the traffic citation will not
367be submitted to the court, the disposition will be reported to
368the department by the governmental entity that issued the
369citation, or on whose behalf the citation was issued, and no
370points will be assessed against the person's driver's license.
371     (c)  If a traffic citation is issued under s. 316.0083 or
372s. 316.0084, the traffic infraction enforcement officer shall
373provide by electronic transmission a replica of the traffic
374citation data to the court having jurisdiction over the alleged
375offense or its traffic violations bureau within 5 days after the
376date of issuance of the traffic citation to the violator.
377     Section 8.  Subsection (2) of section 318.14, Florida
378Statutes, is amended to read:
379     318.14  Noncriminal traffic infractions; exception;
380procedures.-
381     (2)  Except as provided in ss. 316.1001(2), and 316.0083,
382and 316.084, any person cited for a violation requiring a
383mandatory hearing listed in s. 318.19 or any other criminal
384traffic violation listed in chapter 316 must sign and accept a
385citation indicating a promise to appear. The officer may
386indicate on the traffic citation the time and location of the
387scheduled hearing and must indicate the applicable civil penalty
388established in s. 318.18. For all other infractions under this
389section, except for infractions under s. 316.1001, the officer
390must certify by electronic, electronic facsimile, or written
391signature that the citation was delivered to the person cited.
392This certification is prima facie evidence that the person cited
393was served with the citation.
394     Section 9.  Subsection (5) of section 318.18, Florida
395Statutes, is amended to read:
396     318.18  Amount of penalties.-The penalties required for a
397noncriminal disposition pursuant to s. 318.14 or a criminal
398offense listed in s. 318.17 are as follows:
399     (5)(a)  Two One hundred dollars for a violation of s.
400316.172(1)(a), failure to stop for a school bus. If, at a
401hearing, the alleged offender is found to have committed this
402offense, the court shall impose a minimum civil penalty of $200
403$100. In addition to this penalty, for a second or subsequent
404offense within a period of 5 years, the department shall suspend
405the driver's license of the person for not less than 90 days and
406not more than 6 months.
407     (b)  Two hundred dollars for a violation of s.
408316.172(1)(b), passing a school bus on the side that children
409enter and exit when the school bus displays a stop signal. If,
410at a hearing, the alleged offender is found to have committed
411this offense, the court shall impose a minimum civil penalty of
412$200. In addition to this penalty, for a second or subsequent
413offense within a period of 5 years, the department shall suspend
414the driver's license of the person for not less than 180 days
415and not more than 1 year.
416     (c)  In addition to the penalty under paragraph (a) or
417paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
418If the alleged offender is found to have committed the offense,
419the court shall impose the civil penalty under paragraph (a) or
420paragraph (b) plus an additional $65. As provided in s.
421316.0084(1)(b)3., the additional $65 collected under this
422paragraph shall be remitted to the Department of Revenue for
423deposit into the Emergency Medical Services Trust Fund of the
424Department of Health to be used as provided in s. 395.4036.
425     (d) The $265 collected under paragraphs (a), (b), and (c)
426shall be distributed as provided in s. 316.0084(1)(b)3.
427     (e) If a person who is cited for a violation of s.
428316.172(1)(a) or s. 316.172(1)(b), as enforced by a traffic
429infraction enforcement officer under s. 316.0084, presents
430documentation from the appropriate governmental entity that the
431traffic citation was in error, the clerk of court may dismiss
432the case. The clerk of court shall not charge for this service.
433     Section 10.  Section 321.51, Florida Statutes, is created
434to read:
435     321.51  Authorization to use school bus traffic infraction
436detectors.-When permitted by the Department of Transportation,
437the Department of Highway Safety and Motor Vehicles may, under
438s. 316.0084, use images from school bus traffic infraction
439detectors to enforce s. 316.172(1)(a) or s. 316.172(1)(b) when a
440driver fails to stop upon approaching any school bus which
441displays a stop signal on state roads, as defined in chapter
442316, which are under the original jurisdiction of the Department
443of Transportation.
444     Section 11.  Paragraph (d) of subsection (3) of section
445322.27, Florida Statutes, is amended to read:
446     322.27  Authority of department to suspend or revoke
447license.-
448     (3)  There is established a point system for evaluation of
449convictions of violations of motor vehicle laws or ordinances,
450and violations of applicable provisions of s. 403.413(6)(b) when
451such violations involve the use of motor vehicles, for the
452determination of the continuing qualification of any person to
453operate a motor vehicle. The department is authorized to suspend
454the license of any person upon showing of its records or other
455good and sufficient evidence that the licensee has been
456convicted of violation of motor vehicle laws or ordinances, or
457applicable provisions of s. 403.413(6)(b), amounting to 12 or
458more points as determined by the point system. The suspension
459shall be for a period of not more than 1 year.
460     (d)  The point system shall have as its basic element a
461graduated scale of points assigning relative values to
462convictions of the following violations:
463     1.  Reckless driving, willful and wanton-4 points.
464     2.  Leaving the scene of a crash resulting in property
465damage of more than $50-6 points.
466     3.  Unlawful speed resulting in a crash-6 points.
467     4.  Passing a stopped school bus-4 points.
468     5.  Unlawful speed:
469     a.  Not in excess of 15 miles per hour of lawful or posted
470speed-3 points.
471     b.  In excess of 15 miles per hour of lawful or posted
472speed-4 points.
473     6.  A violation of a traffic control signal device as
474provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
475However, no points shall be imposed for a violation of s.
476316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
477stop at a traffic signal and when enforced by a traffic
478infraction enforcement officer. In addition, a violation of s.
479316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
480stop at a traffic signal and when enforced by a traffic
481infraction enforcement officer may not be used for purposes of
482setting motor vehicle insurance rates. Furthermore, no points
483shall be imposed for a violation of s. 316.172(1)(a) or s.
484316.172(1)(b) when a driver has failed to stop upon approaching
485any school bus which displays a stop signal and when enforced by
486a traffic infraction enforcement officer. In addition, a
487violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
488has failed to stop upon approaching any school bus which
489displays a stop signal and when enforced by a traffic infraction
490enforcement officer may not be used for purposes of setting
491motor vehicle insurance rates.
492     7.  All other moving violations (including parking on a
493highway outside the limits of a municipality)-3 points. However,
494no points shall be imposed for a violation of s. 316.0741 or s.
495316.2065(12); and points shall be imposed for a violation of s.
496316.1001 only when imposed by the court after a hearing pursuant
497to s. 318.14(5).
498     8.  Any moving violation covered above, excluding unlawful
499speed, resulting in a crash-4 points.
500     9.  Any conviction under s. 403.413(6)(b)-3 points.
501     10.  Any conviction under s. 316.0775(2)-4 points.
502     Section 12.  If any provision of this act or its
503application to any person or circumstance is held invalid, the
504invalidity does not affect other provisions or applications of
505this act which can be given effect without the invalid provision
506or application, and to this end the provisions of this act are
507severable.
508     Section 13.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.