Florida Senate - 2011                                    SB 2036
       
       
       
       By Senator Braynon
       
       
       
       
       33-00956A-11                                          20112036__
    1                        A bill to be entitled                      
    2         An act relating to uniform traffic control; amending
    3         s. 316.003, F.S.; defining the term “school bus
    4         traffic infraction detector”; amending s. 316.008,
    5         F.S.; authorizing school districts to deploy school
    6         bus traffic infraction detectors under certain
    7         circumstances; creating s. 316.0084, F.S.; providing
    8         for use of school bus traffic infraction detectors to
    9         enforce specified provisions requiring a person
   10         driving a vehicle to stop when approaching a school
   11         bus displaying a stop signal; authorizing the
   12         Department of Highway Safety and Motor Vehicles, a
   13         county, or a municipality to authorize a traffic
   14         infraction enforcement officer to issue and enforce a
   15         citation for a violation of such provisions; requiring
   16         notification to be sent to the registered owner of the
   17         motor vehicle involved in the violation; providing
   18         requirements for the notification; providing for
   19         collection of penalties; providing for distribution of
   20         penalties collected; providing procedures for
   21         issuance, disposition, and enforcement of citations;
   22         providing for exemptions; providing that certain
   23         evidence is admissible for enforcement; providing
   24         penalties for submission of a false affidavit;
   25         providing that the act does not preclude the issuance
   26         of citations by law enforcement officers; requiring
   27         reports from participating school districts to the
   28         department; requiring the department to make reports
   29         to the Governor and Legislature; creating s.
   30         316.07457, F.S.; requiring school bus traffic
   31         infraction detectors to meet specifications
   32         established by the department; creating s. 316.0777,
   33         F.S.; providing for the placement and installation of
   34         detectors on school buses when permitted by and under
   35         the specifications of the department; amending s.
   36         316.640, F.S.; providing for authority of traffic
   37         enforcement officers appointed by the state, or a
   38         police department or sheriff’s department to enforce
   39         specified provisions; amending s. 316.650, F.S.;
   40         requiring a traffic enforcement officer to provide to
   41         the court a replica of the citation data by electronic
   42         transmission under certain conditions; amending s.
   43         318.14, F.S.; providing an exception from provisions
   44         requiring a person cited for an infraction for failing
   45         to stop upon approaching any school bus which displays
   46         a stop signal to sign and accept a citation indicating
   47         a promise to appear; amending s. 318.18, F.S.;
   48         increasing certain fines; providing for penalties for
   49         infractions enforced by a traffic infraction
   50         enforcement officer; providing for distribution of
   51         fines; allowing the clerk of court to dismiss certain
   52         cases upon receiving documentation that the uniform
   53         traffic citation was issued in error; creating s.
   54         321.51, F.S.; authorizing the Department of Highway
   55         Safety and Motor Vehicles to use school bus traffic
   56         infraction detectors under certain circumstances;
   57         amending s. 322.27, F.S.; providing that no points may
   58         be assessed against the driver’s license for
   59         infractions enforced by a traffic infraction
   60         enforcement officer; providing that infractions
   61         enforced by a traffic infraction enforcement officer
   62         may not be used for purposes of setting motor vehicle
   63         insurance rates; providing for severability; providing
   64         effective dates.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Subsection (89) is added to section 316.003,
   69  Florida Statutes, to read:
   70         316.003 Definitions.—The following words and phrases, when
   71  used in this chapter, shall have the meanings respectively
   72  ascribed to them in this section, except where the context
   73  otherwise requires:
   74         (89) SCHOOL BUS TRAFFIC INFRACTION DETECTOR.-A vehicle
   75  sensor installed to work in conjunction with a school bus and a
   76  camera or cameras synchronized to automatically record two or
   77  more sequenced photographic or electronic images or streaming
   78  video of a motor vehicle at the time the vehicle passes a school
   79  bus in violation of s. 316.172(1)(a) or s. 316.172(1)(b). Any
   80  notification under s. 316.0084(1)(b) or traffic citation issued
   81  by the use of a school bus traffic infraction detector must
   82  include a photograph, video feed, or other recorded image
   83  showing both the license tag of the offending vehicle and the
   84  school bus stop signal being violated.
   85         Section 2. Subsection (9) is added to section 316.008,
   86  Florida Statutes, to read:
   87         316.008 Powers of local authorities.—
   88         (9) A Florida school district may deploy school bus traffic
   89  infraction detectors on its school buses for enforcing s.
   90  316.172(1)(a) or s. 316.172(1)(b) when a driver fails to stop
   91  upon approaching any school bus which displays a stop signal. A
   92  school district deploying school bus traffic infraction
   93  detectors will coordinate the issuing of traffic citations with
   94  the Florida Highway Patrol, local sheriff’s office, local police
   95  department, local school board, if applicable, or other entity
   96  having the authority and jurisdiction to enforce the traffic
   97  laws of this state and within the particular school district as
   98  provided in ss. 316.006 and 316.640.
   99         Section 3. Section 316.0084, Florida Statutes, is created
  100  to read:
  101         316.0084 School Bus Safety Program; administration;
  102  report.—
  103         (1)(a) For purposes of administering this section, the
  104  department, a county, or a municipality may authorize a traffic
  105  infraction enforcement officer under s. 316.640 to issue a
  106  traffic citation for a violation of s. 316.172(1)(a) or s.
  107  316.172(1)(b). This paragraph does not prohibit a review of
  108  information from a traffic infraction detector by an authorized
  109  employee or agent of the department, a county, or a municipality
  110  before issuance of the traffic citation by the traffic
  111  infraction enforcement officer. This paragraph does not prohibit
  112  the department, a county, or a municipality from issuing
  113  notification as provided in paragraph (b) to the registered
  114  owner of the motor vehicle involved in the violation of s.
  115  316.172(1)(a) or s. 316.172(1)(b).
  116         (b)1.a. Within 10 days after a violation, notification
  117  shall be sent to the registered owner of the motor vehicle
  118  involved in the violation specifying the remedies available
  119  under s. 318.14 and that the violator must pay the penalty of
  120  $265 to the department, county, or municipality, or furnish an
  121  affidavit in accordance with paragraph (d), within 30 days
  122  following the date of the notification in order to avoid court
  123  fees, costs, and the issuance of a traffic citation. The
  124  notification shall be sent by first-class mail.
  125         b. The notification under this paragraph must inform the
  126  owner that he or she has the right to review the photographic or
  127  electronic images or the streaming video evidence that
  128  constitutes a rebuttable presumption against the owner of the
  129  vehicle. The notice must state the time and place or Internet
  130  location where the evidence may be examined and observed.
  131         2. Penalty amounts collected by the department, a county,
  132  or a municipality under this section, less the amount retained
  133  by the department, county, or municipality pursuant to
  134  subparagraph 3., shall be remitted to the Department of Revenue
  135  each week by means of electronic funds transfer. In addition to
  136  the payment, summary detail of the penalty amounts remitted
  137  shall be reported to the Department of Revenue.
  138         3. A penalty amount of $265 shall be assessed for a
  139  violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
  140  has failed to stop upon approaching any school bus which
  141  displays a stop signal. Of that amount, $170 shall be remitted
  142  to the school district in which the violation occurred, $65
  143  shall be deposited into the Emergency Medical Services Trust
  144  Fund of the Department of Health to be used as provided in s.
  145  395.4036, $15 shall be remitted to the department, and $15 shall
  146  be retained by the county or municipality issuing the notice or
  147  citation or retained by the department if the department issued
  148  the notice or citation.
  149         (c)1.a. If payment has not been received within 30 days
  150  after notification under subparagraph (b)1., a traffic citation
  151  shall be issued by mailing the traffic citation by certified
  152  mail to the address of the registered owner of the motor vehicle
  153  involved in the violation.
  154         b. Delivery of the traffic citation constitutes
  155  notification under this paragraph.
  156         c. In the case of joint ownership of a motor vehicle, the
  157  traffic citation shall be mailed to the first name appearing on
  158  the registration, unless the first name appearing on the
  159  registration is a business organization, in which case the
  160  second name appearing on the registration may be used.
  161         d. The traffic citation shall be mailed to the registered
  162  owner of the motor vehicle involved in the violation no later
  163  than 45 days after the date of the violation.
  164         2. The citation under this paragraph must include a notice
  165  that the owner has the right to review, either in person or
  166  remotely, the photographic or electronic images or the streaming
  167  video evidence that constitutes a rebuttable presumption against
  168  the owner of the vehicle. The notice must state the time and
  169  place or Internet location where the evidence may be examined
  170  and observed.
  171         (d)1. The owner of the motor vehicle involved in the
  172  violation is responsible and liable for paying the uniform
  173  traffic citation issued for a violation of s. 316.172(1)(a) or
  174  s. 316.172(1)(b), unless the owner can establish that:
  175         a. The motor vehicle passed the bus at the direction of a
  176  law enforcement officer;
  177         b. The motor vehicle was, at the time of the violation, in
  178  the care, custody, or control of another person; or
  179         c. A uniform traffic citation was issued by a law
  180  enforcement officer to the driver of the motor vehicle for the
  181  alleged violation of s. 316.172(1)(a) or s. 316.172(1)(b).
  182         2. In order to establish such facts, the owner of the motor
  183  vehicle shall, within 30 days after the date of issuance of the
  184  traffic citation, furnish to the appropriate governmental entity
  185  an affidavit setting forth detailed information supporting an
  186  exemption as provided in this paragraph.
  187         a. An affidavit supporting an exemption under sub
  188  subparagraph 1.b. must include the name, address, date of birth,
  189  and, if known, the driver’s license number of the person who
  190  leased, rented, or otherwise had care, custody, or control of
  191  the motor vehicle at the time of the alleged violation. If the
  192  vehicle was stolen at the time of the alleged offense, the
  193  affidavit must include the police report indicating that the
  194  vehicle was stolen.
  195         b. If a traffic citation for a violation of s.
  196  316.172(1)(a) or s. 316.172(1)(b) was issued at the location of
  197  the violation by a law enforcement officer, the affidavit must
  198  include the serial number of the uniform traffic citation.
  199         3. Upon receipt of an affidavit supporting an exemption
  200  under sub-subparagraph 1.b., the person designated as having
  201  care, custody, and control of the motor vehicle at the time of
  202  the violation may be issued a traffic citation for a violation
  203  of s. 316.172(1)(a) or s. 316.172(1)(b) when the driver failed
  204  to stop upon approaching any school bus which displays a stop
  205  signal. The affidavit is admissible in a proceeding pursuant to
  206  this section for the purpose of providing proof that the person
  207  identified in the affidavit was in actual care, custody, or
  208  control of the motor vehicle. The owner of a leased vehicle for
  209  which a traffic citation is issued for a violation of s.
  210  316.172(1)(a) or s. 316.172(1)(b) is not responsible for paying
  211  the traffic citation and is not required to submit an affidavit
  212  as specified in this subsection if the motor vehicle involved in
  213  the violation is registered in the name of the lessee of such
  214  motor vehicle.
  215         4. The submission of a false affidavit is a misdemeanor of
  216  the second degree, punishable as provided in s. 775.082 or s.
  217  775.083.
  218         (e) The photographic or electronic images or streaming
  219  video attached to or referenced in the traffic citation is
  220  evidence that a violation of s. 316.172(1)(a) or s.
  221  316.172(1)(b) has occurred and is admissible in any proceeding
  222  to enforce this section and raises a rebuttable presumption that
  223  the motor vehicle named in the report or shown in the
  224  photographic or electronic images or streaming video evidence
  225  was used in violation of s. 316.172(1)(a) or s. 316.172(b).
  226         (2) This section supplements the enforcement of s.
  227  316.172(1)(a) or s. 316.172(1)(b) and does not prohibit a law
  228  enforcement officer from issuing a traffic citation for a
  229  violation of s. 316.172(1)(a) or s. 316.172(1)(b).
  230         (3)(a) Each school district that deploys a school bus
  231  traffic infraction detector shall submit a report by October 1,
  232  2013, and annually thereafter, to the department which details
  233  the results of using the school bus traffic infraction detector
  234  and the procedures for enforcement for the preceding state
  235  fiscal year. The information submitted by the counties and
  236  municipalities must include statistical data and information
  237  required by the department to complete the report required under
  238  paragraph (b).
  239         (b) On or before December 31, 2013, and annually
  240  thereafter, the department shall provide a summary report to the
  241  Governor, the President of the Senate, and the Speaker of the
  242  House of Representatives regarding the use and operation of
  243  traffic infraction detectors under this section, along with the
  244  department’s recommendations and recommendations for any
  245  necessary legislation. The summary report must include a review
  246  of the information submitted to the department by the counties
  247  and municipalities and must describe the enhancement of the
  248  traffic safety and enforcement programs.
  249         Section 4. Section 316.07457, Florida Statutes, is created
  250  to read:
  251         316.07457 Implementation.—Any school bus traffic infraction
  252  detector deployed by a school district on one or more of the
  253  buses in its fleet must meet specifications established by the
  254  department and must be tested at regular intervals according to
  255  specifications prescribed by the department. The department must
  256  establish such specifications on or before December 31, 2011.
  257         Section 5. Section 316.0777, Florida Statutes, is created
  258  to read:
  259         316.0777 School bus traffic infraction detectors; placement
  260  and installation.—School bus traffic infraction detectors are
  261  allowed on the school buses of school districts when permitted
  262  by the department and under placement and installation
  263  specifications developed by the department.
  264         Section 6. Paragraph (b) of subsection (1) and subsection
  265  (5) of section 316.640, Florida Statutes, are amended to read:
  266         316.640 Enforcement.—The enforcement of the traffic laws of
  267  this state is vested as follows:
  268         (1) STATE.—
  269         (b)1. The Department of Transportation has authority to
  270  enforce on all the streets and highways of this state all laws
  271  applicable within its authority.
  272         2.a. The Department of Transportation shall develop
  273  training and qualifications standards for toll enforcement
  274  officers whose sole authority is to enforce the payment of tolls
  275  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  276  construed to permit the carrying of firearms or other weapons,
  277  nor shall a toll enforcement officer have arrest authority.
  278         b. For the purpose of enforcing s. 316.1001, governmental
  279  entities, as defined in s. 334.03, which own or operate a toll
  280  facility may employ independent contractors or designate
  281  employees as toll enforcement officers; however, any such toll
  282  enforcement officer must successfully meet the training and
  283  qualifications standards for toll enforcement officers
  284  established by the Department of Transportation.
  285         3. For the purpose of enforcing s. 316.0083 or s. 316.0084,
  286  the department may designate employees as traffic infraction
  287  enforcement officers. A traffic infraction enforcement officer
  288  must successfully complete instruction in traffic enforcement
  289  procedures and court presentation through the Selective Traffic
  290  Enforcement Program as approved by the Division of Criminal
  291  Justice Standards and Training of the Department of Law
  292  Enforcement, or through a similar program, but may not
  293  necessarily otherwise meet the uniform minimum standards
  294  established by the Criminal Justice Standards and Training
  295  Commission for law enforcement officers or auxiliary law
  296  enforcement officers under s. 943.13. This subparagraph does not
  297  authorize the carrying of firearms or other weapons by a traffic
  298  infraction enforcement officer and does not authorize a traffic
  299  infraction enforcement officer to make arrests. The department’s
  300  traffic infraction enforcement officers must be physically
  301  located in the state.
  302         (5)(a) Any sheriff’s department or police department of a
  303  municipality may employ, as a traffic infraction enforcement
  304  officer, any individual who successfully completes instruction
  305  in traffic enforcement procedures and court presentation through
  306  the Selective Traffic Enforcement Program as approved by the
  307  Division of Criminal Justice Standards and Training of the
  308  Department of Law Enforcement, or through a similar program, but
  309  who does not necessarily otherwise meet the uniform minimum
  310  standards established by the Criminal Justice Standards and
  311  Training Commission for law enforcement officers or auxiliary
  312  law enforcement officers under s. 943.13. Any such traffic
  313  infraction enforcement officer who observes the commission of a
  314  traffic infraction or, in the case of a parking infraction, who
  315  observes an illegally parked vehicle may issue a traffic
  316  citation for the infraction when, based upon personal
  317  investigation, he or she has reasonable and probable grounds to
  318  believe that an offense has been committed which constitutes a
  319  noncriminal traffic infraction as defined in s. 318.14. In
  320  addition, any such traffic infraction enforcement officer may
  321  issue a traffic citation under s. 316.0083 or s. 316.0084. For
  322  purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff’s
  323  department or police department of a municipality may designate
  324  employees as traffic infraction enforcement officers. The
  325  traffic infraction enforcement officers must be physically
  326  located in the county of the respective sheriff’s or police
  327  department.
  328         (b) The traffic infraction enforcement officer shall be
  329  employed in relationship to a selective traffic enforcement
  330  program at a fixed location or as part of a crash investigation
  331  team at the scene of a vehicle crash or in other types of
  332  traffic infraction enforcement under the direction of a fully
  333  qualified law enforcement officer; however, it is not necessary
  334  that the traffic infraction enforcement officer’s duties be
  335  performed under the immediate supervision of a fully qualified
  336  law enforcement officer.
  337         (c) This subsection does not permit the carrying of
  338  firearms or other weapons, nor do traffic infraction enforcement
  339  officers have arrest authority other than the authority to issue
  340  a traffic citation as provided in this subsection.
  341         Section 7. Subsection (3) of section 316.650, Florida
  342  Statutes, is amended to read:
  343         316.650 Traffic citations.—
  344         (3)(a) Except for a traffic citation issued pursuant to s.
  345  316.1001, or s. 316.0083, or s. 316.0084, each traffic
  346  enforcement officer, upon issuing a traffic citation to an
  347  alleged violator of any provision of the motor vehicle laws of
  348  this state or of any traffic ordinance of any municipality or
  349  town, shall deposit the original traffic citation or, in the
  350  case of a traffic enforcement agency that has an automated
  351  citation issuance system, the chief administrative officer shall
  352  provide by an electronic transmission a replica of the citation
  353  data to a court having jurisdiction over the alleged offense or
  354  with its traffic violations bureau within 5 days after issuance
  355  to the violator.
  356         (b) If a traffic citation is issued pursuant to s.
  357  316.1001, a traffic enforcement officer may deposit the original
  358  traffic citation or, in the case of a traffic enforcement agency
  359  that has an automated citation system, may provide by an
  360  electronic transmission a replica of the citation data to a
  361  court having jurisdiction over the alleged offense or with its
  362  traffic violations bureau within 45 days after the date of
  363  issuance of the citation to the violator. If the person cited
  364  for the violation of s. 316.1001 makes the election provided by
  365  s. 318.14(12) and pays the $25 fine, or such other amount as
  366  imposed by the governmental entity owning the applicable toll
  367  facility, plus the amount of the unpaid toll that is shown on
  368  the traffic citation directly to the governmental entity that
  369  issued the citation, or on whose behalf the citation was issued,
  370  in accordance with s. 318.14(12), the traffic citation will not
  371  be submitted to the court, the disposition will be reported to
  372  the department by the governmental entity that issued the
  373  citation, or on whose behalf the citation was issued, and no
  374  points will be assessed against the person’s driver’s license.
  375         (c) If a traffic citation is issued under s. 316.0083 or s.
  376  316.0084, the traffic infraction enforcement officer shall
  377  provide by electronic transmission a replica of the traffic
  378  citation data to the court having jurisdiction over the alleged
  379  offense or its traffic violations bureau within 5 days after the
  380  date of issuance of the traffic citation to the violator.
  381         Section 8. Subsection (2) of section 318.14, Florida
  382  Statutes, is amended to read:
  383         318.14 Noncriminal traffic infractions; exception;
  384  procedures.—
  385         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  386  and 316.084, any person cited for a violation requiring a
  387  mandatory hearing listed in s. 318.19 or any other criminal
  388  traffic violation listed in chapter 316 must sign and accept a
  389  citation indicating a promise to appear. The officer may
  390  indicate on the traffic citation the time and location of the
  391  scheduled hearing and must indicate the applicable civil penalty
  392  established in s. 318.18. For all other infractions under this
  393  section, except for infractions under s. 316.1001, the officer
  394  must certify by electronic, electronic facsimile, or written
  395  signature that the citation was delivered to the person cited.
  396  This certification is prima facie evidence that the person cited
  397  was served with the citation.
  398         Section 9. Subsection (5) of section 318.18, Florida
  399  Statutes, is amended to read:
  400         318.18 Amount of penalties.—The penalties required for a
  401  noncriminal disposition pursuant to s. 318.14 or a criminal
  402  offense listed in s. 318.17 are as follows:
  403         (5)(a) Two One hundred dollars for a violation of s.
  404  316.172(1)(a), failure to stop for a school bus. If, at a
  405  hearing, the alleged offender is found to have committed this
  406  offense, the court shall impose a minimum civil penalty of $200
  407  $100. In addition to this penalty, for a second or subsequent
  408  offense within a period of 5 years, the department shall suspend
  409  the driver’s license of the person for not less than 90 days and
  410  not more than 6 months.
  411         (b) Two hundred dollars for a violation of s.
  412  316.172(1)(b), passing a school bus on the side that children
  413  enter and exit when the school bus displays a stop signal. If,
  414  at a hearing, the alleged offender is found to have committed
  415  this offense, the court shall impose a minimum civil penalty of
  416  $200. In addition to this penalty, for a second or subsequent
  417  offense within a period of 5 years, the department shall suspend
  418  the driver’s license of the person for not less than 180 days
  419  and not more than 1 year.
  420         (c) In addition to the penalty under paragraph (a) or
  421  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  422  If the alleged offender is found to have committed the offense,
  423  the court shall impose the civil penalty under paragraph (a) or
  424  paragraph (b) plus an additional $65. As provided in s.
  425  316.0084(1)(b)3., the additional $65 collected under this
  426  paragraph shall be remitted to the Department of Revenue for
  427  deposit into the Emergency Medical Services Trust Fund of the
  428  Department of Health to be used as provided in s. 395.4036.
  429         (d) The $265 collected under paragraphs (a), (b), and (c)
  430  shall be distributed as provided in s. 316.0084(1)(b)3.
  431         (e) If a person who is cited for a violation of s.
  432  316.172(1)(a) or s. 316.172(1)(b), as enforced by a traffic
  433  infraction enforcement officer under s. 316.0084, presents
  434  documentation from the appropriate governmental entity that the
  435  traffic citation was in error, the clerk of court may dismiss
  436  the case. The clerk of court shall not charge for this service.
  437         Section 10. Section 321.51, Florida Statutes, is created to
  438  read:
  439         321.51 Authorization to use school bus traffic infraction
  440  detectors.—When permitted by the Department of Transportation,
  441  the Department of Highway Safety and Motor Vehicles may, under
  442  s. 316.0084, use images from school bus traffic infraction
  443  detectors to enforce s. 316.172(1)(a) or s. 316.172(1)(b) when a
  444  driver fails to stop upon approaching any school bus which
  445  displays a stop signal on state roads, as defined in chapter
  446  316, which are under the original jurisdiction of the Department
  447  of Transportation.
  448         Section 11. Paragraph (d) of subsection (3) of section
  449  322.27, Florida Statutes, is amended to read:
  450         322.27 Authority of department to suspend or revoke
  451  license.—
  452         (3) There is established a point system for evaluation of
  453  convictions of violations of motor vehicle laws or ordinances,
  454  and violations of applicable provisions of s. 403.413(6)(b) when
  455  such violations involve the use of motor vehicles, for the
  456  determination of the continuing qualification of any person to
  457  operate a motor vehicle. The department is authorized to suspend
  458  the license of any person upon showing of its records or other
  459  good and sufficient evidence that the licensee has been
  460  convicted of violation of motor vehicle laws or ordinances, or
  461  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  462  more points as determined by the point system. The suspension
  463  shall be for a period of not more than 1 year.
  464         (d) The point system shall have as its basic element a
  465  graduated scale of points assigning relative values to
  466  convictions of the following violations:
  467         1. Reckless driving, willful and wanton—4 points.
  468         2. Leaving the scene of a crash resulting in property
  469  damage of more than $50—6 points.
  470         3. Unlawful speed resulting in a crash—6 points.
  471         4. Passing a stopped school bus—4 points.
  472         5. Unlawful speed:
  473         a. Not in excess of 15 miles per hour of lawful or posted
  474  speed—3 points.
  475         b. In excess of 15 miles per hour of lawful or posted
  476  speed—4 points.
  477         6. A violation of a traffic control signal device as
  478  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  479  However, no points shall be imposed for a violation of s.
  480  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  481  stop at a traffic signal and when enforced by a traffic
  482  infraction enforcement officer. In addition, a violation of s.
  483  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  484  stop at a traffic signal and when enforced by a traffic
  485  infraction enforcement officer may not be used for purposes of
  486  setting motor vehicle insurance rates. Furthermore, no points
  487  shall be imposed for a violation of s. 316.172(1)(a) or s.
  488  316.172(1)(b) when a driver has failed to stop upon approaching
  489  any school bus which displays a stop signal and when enforced by
  490  a traffic infraction enforcement officer. In addition, a
  491  violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
  492  has failed to stop upon approaching any school bus which
  493  displays a stop signal and when enforced by a traffic infraction
  494  enforcement officer may not be used for purposes of setting
  495  motor vehicle insurance rates.
  496         7. All other moving violations (including parking on a
  497  highway outside the limits of a municipality)—3 points. However,
  498  no points shall be imposed for a violation of s. 316.0741 or s.
  499  316.2065(12); and points shall be imposed for a violation of s.
  500  316.1001 only when imposed by the court after a hearing pursuant
  501  to s. 318.14(5).
  502         8. Any moving violation covered above, excluding unlawful
  503  speed, resulting in a crash—4 points.
  504         9. Any conviction under s. 403.413(6)(b)—3 points.
  505         10. Any conviction under s. 316.0775(2)—4 points.
  506         Section 12. If any provision of this act or its application
  507  to any person or circumstance is held invalid, the invalidity
  508  does not affect other provisions or applications of this act
  509  which can be given effect without the invalid provision or
  510  application, and to this end the provisions of this act are
  511  severable.
  512         Section 13. This act shall take effect July 1, 2011.