Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1342
       
       
       
       
       
       
                                Barcode 824056                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2013           .                                
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       The Committee on Transportation (Lee) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2) of section 316.0083,
    6  Florida Statutes, are amended to read:
    7         316.0083 Mark Wandall Traffic Safety Program;
    8  administration; report.—
    9         (1)(a) For purposes of administering this section, the
   10  department, a county, or a municipality may authorize a traffic
   11  infraction enforcement officer under s. 316.640 to issue a
   12  traffic citation for a violation of s. 316.074(1) or s.
   13  316.075(1)(c)1. Neither a notice of violation nor and a traffic
   14  citation may not be issued under this section for a right-on-red
   15  violation for failure to stop at a red light if the driver is
   16  making a right-hand turn in a careful and prudent manner at an
   17  intersection where right-hand turns are permissible. This
   18  paragraph does not prohibit a review of information from a
   19  traffic infraction detector by an authorized employee or agent
   20  of the department, a county, or a municipality before issuance
   21  of the traffic citation by the traffic infraction enforcement
   22  officer. This paragraph does not prohibit the department, a
   23  county, or a municipality from issuing notification as provided
   24  in paragraph (b) to the registered owner of the motor vehicle or
   25  to another person identified as having care, custody, or control
   26  of the motor vehicle involved in the violation of s. 316.074(1)
   27  or s. 316.075(1)(c)1. unless the notification is for a right-on
   28  red violation.
   29         (b)1.a. Within 30 days after a violation, notification must
   30  be sent to the registered owner of the motor vehicle involved in
   31  the violation specifying the remedies available under s. 318.14
   32  and that the violator must pay the penalty of $100 $158 to the
   33  department, county, or municipality, or furnish an affidavit in
   34  accordance with paragraph (d), or request a hearing to be held
   35  in the county court for the county in which the violation
   36  occurred, within 90 30 days following the date of delivery or
   37  attempted delivery of the notification in order to avoid court
   38  fees, costs, and the issuance of a traffic citation. The
   39  notification shall be sent by certified first-class mail.
   40         b. Included with the notification to the registered owner
   41  of the motor vehicle involved in the infraction must be a notice
   42  that the owner has the right to review the photographic or
   43  electronic images or the streaming video evidence that
   44  constitutes a rebuttable presumption against the owner of the
   45  vehicle. The notice must state the time and place or Internet
   46  location where the evidence may be examined and observed.
   47         c. Notwithstanding any other provision of law, a person who
   48  receives a notice of violation under this section shall have the
   49  option of requesting a hearing within 90 days following the date
   50  of delivery or attempted delivery of the notice of violation or
   51  paying the penalty pursuant to the notice of violation, but no
   52  payment or fee may be required before a hearing requested by the
   53  person. The notice of violation must be accompanied by
   54  information on the person’s right to request a hearing and on
   55  all court costs related thereto, and by a form to request a
   56  hearing. For purposes of this subparagraph, the term “person”
   57  includes a natural person, registered owner or coowner of a
   58  motor vehicle, or person identified on an affidavit as having
   59  care, custody, or control of the motor vehicle at the time of
   60  the violation.
   61         d. If the person requests a hearing, the request must be
   62  made to the county or municipality in which the violation
   63  occurred. The municipality in which the violation occurred, or,
   64  if the violation occurred in an unincorporated area, the county
   65  in which the violation occurred, shall forward the request for
   66  hearing and a copy of the citation to the clerk of the circuit
   67  court of the county where the violation occurred.
   68         e. If the registered owner or coowner of the motor vehicle,
   69  or the person designated as having care, custody, or control of
   70  the motor vehicle at the time of the violation, or a duly
   71  authorized representative of the owner, coowner, or designated
   72  person, initiates a proceeding to challenge the delivery or
   73  attempted delivery of the notice of violation pursuant to this
   74  paragraph, such person waives any challenge or dispute as to
   75  delivery.
   76         2. Penalties assessed and collected by the department,
   77  county, or municipality authorized to collect the funds provided
   78  for in this paragraph, less the amount retained by the county or
   79  municipality pursuant to subparagraph 3., shall be paid to the
   80  Department of Revenue weekly. Payment by the department, county,
   81  or municipality to the state shall be made by means of
   82  electronic funds transfers. In addition to the payment, summary
   83  detail of the penalties remitted shall be reported to the
   84  Department of Revenue.
   85         3. Penalties to be assessed and collected by the
   86  department, county, or municipality are as follows:
   87         a. One hundred fifty-eight dollars for a violation of s.
   88  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
   89  stop at a traffic signal if enforcement is by the department’s
   90  traffic infraction enforcement officer. Fifty-two One hundred
   91  dollars shall be remitted to the Department of Revenue for
   92  deposit into the General Revenue Fund, $10 shall be remitted to
   93  the Department of Revenue for deposit into the Department of
   94  Health Emergency Medical Services Trust Fund, $3 shall be
   95  remitted to the Department of Revenue for deposit into the Brain
   96  and Spinal Cord Injury Trust Fund, $35 and $45 shall be
   97  distributed to the municipality in which the violation occurred,
   98  unless a hearing is requested and the person is found to have
   99  committed the violation, in which case, $25 shall be distributed
  100  to the municipality or county and or, if the violation occurred
  101  in an unincorporated area, to the county in which the violation
  102  occurred. Funds deposited into the Department of Health
  103  Emergency Medical Services Trust Fund under this sub
  104  subparagraph shall be distributed as provided in s. 395.4036(1).
  105  Proceeds of the infractions in the Brain and Spinal Cord Injury
  106  Trust Fund shall be distributed quarterly to the Miami Project
  107  to Cure Paralysis and shall be used for brain and spinal cord
  108  research.
  109         b. One hundred fifty-eight dollars for a violation of s.
  110  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  111  stop at a traffic signal if enforcement is by a county or
  112  municipal traffic infraction enforcement officer. Twenty Five
  113  Seventy dollars shall be remitted by the county or municipality
  114  to the Department of Revenue for deposit into the General
  115  Revenue Fund, $10 shall be remitted to the Department of Revenue
  116  for deposit into the Department of Health Emergency Medical
  117  Services Trust Fund, $3 shall be remitted to the Department of
  118  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  119  Fund, and $62 $75 shall be retained by the county or
  120  municipality enforcing the ordinance enacted pursuant to this
  121  section unless a hearing is requested and the person is found to
  122  have committed the violation, in which case, $52 shall be
  123  distributed to the municipality or county and and $10 shall be
  124  distributed to the clerk of the court of the county in which the
  125  violation occurred. Funds deposited into the Department of
  126  Health Emergency Medical Services Trust Fund under this sub
  127  subparagraph shall be distributed as provided in s. 395.4036(1).
  128  Proceeds of the infractions in the Brain and Spinal Cord Injury
  129  Trust Fund shall be distributed quarterly to the Miami Project
  130  to Cure Paralysis and shall be used for brain and spinal cord
  131  research.
  132         4. An individual may not receive a commission from any
  133  revenue collected from violations detected through the use of a
  134  traffic infraction detector. A manufacturer or vendor may not
  135  receive a fee or remuneration based upon the number of
  136  violations detected through the use of a traffic infraction
  137  detector.
  138         (c)1.a. A traffic citation issued under this section shall
  139  be issued by mailing the traffic citation by certified mail to
  140  the address of the registered owner of the motor vehicle
  141  involved in the violation when payment has not been made within
  142  90 30 days after the date of delivery or attempted delivery of
  143  the notification under paragraph (b), the registered owner has
  144  not requested a hearing as permitted by paragraph (b), and the
  145  registered owner has not submitted an affidavit under this
  146  section subparagraph (b)1.
  147         b. Delivery or attempted delivery of the traffic citation
  148  constitutes notification under this paragraph. If the registered
  149  owner or coowner of the motor vehicle, or the person designated
  150  as having care, custody, or control of the motor vehicle at the
  151  time of the violation, or a duly authorized representative of
  152  the owner, coowner, or designated person, initiates a proceeding
  153  to challenge the delivery or attempted delivery of the citation
  154  pursuant to this section, such person waives any challenge or
  155  dispute as to delivery.
  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 60 days after the date of the violation.
  164         2. Included with the notification to the registered owner
  165  of the motor vehicle involved in the infraction shall be a
  166  notice that the owner has the right to review, either in person
  167  or remotely, the photographic or electronic images or the
  168  streaming video evidence that constitutes a rebuttable
  169  presumption against the owner of the vehicle. The notice must
  170  state the time and place or Internet location where the evidence
  171  may be examined and observed.
  172         (d)1. The owner of the motor vehicle involved in the
  173  violation is responsible and liable for paying the uniform
  174  traffic citation issued for a violation of s. 316.074(1) or s.
  175  316.075(1)(c)1. when the driver failed to stop at a traffic
  176  signal, unless the owner can establish that:
  177         a. The motor vehicle passed through the intersection in
  178  order to yield right-of-way to an emergency vehicle or as part
  179  of a funeral procession;
  180         b. The motor vehicle passed through the intersection at the
  181  direction of a law enforcement officer;
  182         c. The motor vehicle was, at the time of the violation, in
  183  the care, custody, or control of another person;
  184         d. A uniform traffic citation was issued by a law
  185  enforcement officer to the driver of the motor vehicle for the
  186  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
  187         e. The motor vehicle’s owner was deceased on or before the
  188  date that the uniform traffic citation was issued, as
  189  established by an affidavit submitted by the representative of
  190  the motor vehicle owner’s estate or other designated person or
  191  family member.
  192         2. In order to establish such facts, the owner of the motor
  193  vehicle shall, within 30 days after the date of issuance of the
  194  traffic citation, furnish to the appropriate governmental entity
  195  an affidavit setting forth detailed information supporting an
  196  exemption as provided in this paragraph.
  197         a. An affidavit supporting an exemption under sub
  198  subparagraph 1.c. must include the name, address, date of birth,
  199  and, if known, the driver license number of the person who
  200  leased, rented, or otherwise had care, custody, or control of
  201  the motor vehicle at the time of the alleged violation. If the
  202  vehicle was stolen at the time of the alleged offense, the
  203  affidavit must include the police report indicating that the
  204  vehicle was stolen.
  205         b. If a traffic citation for a violation of s. 316.074(1)
  206  or s. 316.075(1)(c)1. was issued at the location of the
  207  violation by a law enforcement officer, the affidavit must
  208  include the serial number of the uniform traffic citation.
  209         c. If the motor vehicle’s owner to whom a traffic citation
  210  has been issued is deceased, the affidavit must include a
  211  certified copy of the owner’s death certificate showing that the
  212  date of death occurred on or before the issuance of the uniform
  213  traffic citation and one of the following:
  214         (I) A bill of sale or other document showing that the
  215  deceased owner’s motor vehicle was sold or transferred after his
  216  or her death, but on or before the date of the alleged
  217  violation.
  218         (II) Documentary proof that the registered license plate
  219  belonging to the deceased owner’s vehicle was returned to the
  220  department or any branch office or authorized agent of the
  221  department, but on or before the date of the alleged violation.
  222         (III) A copy of a police report showing that the deceased
  223  owner’s registered license plate or motor vehicle was stolen
  224  after the owner’s death, but on or before the date of the
  225  alleged violation.
  226  
  227  Upon receipt of the affidavit and documentation required under
  228  this sub-subparagraph, the governmental entity must dismiss the
  229  citation and provide proof of such dismissal to the person that
  230  submitted the affidavit.
  231         3. Upon receipt of an affidavit, the person designated as
  232  having care, custody, or and control of the motor vehicle at the
  233  time of the violation may be issued a notice of violation
  234  pursuant to paragraph (b) traffic citation for a violation of s.
  235  316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
  236  at a traffic signal. The affidavit is admissible in a proceeding
  237  pursuant to this section for the purpose of providing proof that
  238  the person identified in the affidavit was in actual care,
  239  custody, or control of the motor vehicle. The owner of a leased
  240  vehicle for which a traffic citation is issued for a violation
  241  of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
  242  stop at a traffic signal is not responsible for paying the
  243  traffic citation and is not required to submit an affidavit as
  244  specified in this subsection if the motor vehicle involved in
  245  the violation is registered in the name of the lessee of such
  246  motor vehicle.
  247         4. Paragraphs (b) and (c) apply to the person identified on
  248  the affidavit, except that the notification under sub
  249  subparagraph (b)1.a. must be sent to the person identified on
  250  the affidavit within 30 days after receipt of an affidavit.
  251         5.4. The submission of a false affidavit is a misdemeanor
  252  of the second degree, punishable as provided in s. 775.082 or s.
  253  775.083.
  254         (e) The photographic or electronic images or streaming
  255  video attached to or referenced in the traffic citation is
  256  evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  257  when the driver failed to stop at a traffic signal has occurred
  258  and is admissible in any proceeding to enforce this section and
  259  raises a rebuttable presumption that the motor vehicle named in
  260  the report or shown in the photographic or electronic images or
  261  streaming video evidence was used in violation of s. 316.074(1)
  262  or s. 316.075(1)(c)1. when the driver failed to stop at a
  263  traffic signal.
  264         (f) Notwithstanding any other provision of law, the burden
  265  of proving guilt shall rest upon the governmental entity
  266  bringing the charge under this section. A person appearing in
  267  any hearing under this section may not be compelled to be a
  268  witness against himself or herself.
  269         (g) Notwithstanding any other provision of law, in any
  270  hearing involving a traffic infraction detector used to enforce
  271  the traffic laws of this state, each person so charged has the
  272  right to confront the witnesses against him or her. Any evidence
  273  obtained from such device must be authenticated in court by the
  274  person receiving or processing the evidence, any person having
  275  reviewed such evidence in order to make a decision to issue a
  276  notice of violation, and any person who issued the notice of
  277  violation or traffic citation. An affidavit is not sufficient to
  278  authenticate such evidence, and such evidence must be accounted
  279  for in writing from the time of the alleged violation until the
  280  issuance of any notice of violation or traffic citation.
  281  Compensation of any witness for the prosecution shall be as
  282  required in s. 92.143.
  283         (2) Neither a notice of violation nor and a traffic
  284  citation may not be issued under this section for a right-on-red
  285  violation for failure to stop at a red light if the driver is
  286  making a right-hand turn in a careful and prudent manner at an
  287  intersection where right-hand turns are permissible.
  288         Section 2. Section 316.075, Florida Statutes, is amended to
  289  read:
  290         316.075 Traffic control signal devices.—
  291         (1) Except for automatic warning signal lights installed or
  292  to be installed at railroad crossings, whenever traffic,
  293  including municipal traffic, is controlled by traffic control
  294  signals exhibiting different colored lights, or colored lighted
  295  arrows, successively one at a time or in combination, only the
  296  colors green, red, and yellow shall be used, except for special
  297  pedestrian signals carrying a word legend, and the lights shall
  298  indicate and apply to drivers of vehicles and pedestrians as
  299  follows:
  300         (a) Green indication.—
  301         1. Vehicular traffic facing a circular green signal may
  302  proceed cautiously straight through or turn right or left unless
  303  a sign at such place prohibits either such turn. But vehicular
  304  traffic, including vehicles turning right or left, shall yield
  305  the right-of-way to other vehicles and to pedestrians lawfully
  306  within the intersection or an adjacent crosswalk at the time
  307  such signal is exhibited.
  308         2. Vehicular traffic facing a green arrow signal, shown
  309  alone or in combination with another indication, as directed by
  310  the manual, may cautiously enter the intersection only to make
  311  the movement indicated by such arrow, or such other movement as
  312  is permitted by other indications shown at the same time, except
  313  the driver of any vehicle may U-turn, so as to proceed in the
  314  opposite direction unless such movement is prohibited by posted
  315  traffic control signs. Such vehicular traffic shall yield the
  316  right-of-way to pedestrians lawfully within an adjacent
  317  crosswalk and to other traffic lawfully using the intersection.
  318         3. Unless otherwise directed by a pedestrian control signal
  319  as provided in s. 316.0755, pedestrians facing any green signal,
  320  except when the sole green signal is a turn arrow, may proceed
  321  across the roadway within any marked or unmarked crosswalk.
  322         (b) Steady yellow indication.—
  323         1. Vehicular traffic facing a steady yellow signal is
  324  thereby warned that the related green movement is being
  325  terminated or that a red indication will be exhibited
  326  immediately thereafter when vehicular traffic shall not enter
  327  the intersection.
  328         2. Pedestrians facing a steady yellow signal, unless
  329  otherwise directed by a pedestrian control signal as provided in
  330  s. 316.0755, are thereby advised that there is insufficient time
  331  to cross the roadway before a red indication is shown and no
  332  pedestrian shall start to cross the roadway.
  333         (c) Steady red indication.—
  334         1. Vehicular traffic facing a steady red signal shall stop
  335  before entering the crosswalk on the near side of the
  336  intersection or, if none, then before entering the intersection
  337  and shall remain standing until a green indication is shown;
  338  however:
  339         a. The driver of a vehicle which is stopped at a clearly
  340  marked stop line, but if none, before entering the crosswalk on
  341  the near side of the intersection, or, if none then at the point
  342  nearest the intersecting roadway where the driver has a view of
  343  approaching traffic on the intersecting roadway before entering
  344  the intersection in obedience to a steady red signal may make a
  345  right turn, but shall yield the right-of-way to pedestrians and
  346  other traffic proceeding as directed by the signal at the
  347  intersection, except that municipal and county authorities may
  348  prohibit any such right turn against a steady red signal at any
  349  intersection, which prohibition shall be effective when a sign
  350  giving notice thereof is erected in a location visible to
  351  traffic approaching the intersection.
  352         b. The driver of a vehicle on a one-way street that
  353  intersects another one-way street on which traffic moves to the
  354  left shall stop in obedience to a steady red signal, but may
  355  then make a left turn into the one-way street, but shall yield
  356  the right-of-way to pedestrians and other traffic proceeding as
  357  directed by the signal at the intersection, except that
  358  municipal and county authorities may prohibit any such left turn
  359  as described, which prohibition shall be effective when a sign
  360  giving notice thereof is attached to the traffic control signal
  361  device at the intersection.
  362         2.a. The driver of a vehicle facing a steady red signal
  363  shall stop before entering the crosswalk and remain stopped to
  364  allow a pedestrian, with a permitted signal, to cross a roadway
  365  when the pedestrian is in the crosswalk or steps into the
  366  crosswalk and is upon the half of the roadway upon which the
  367  vehicle is traveling or when the pedestrian is approaching so
  368  closely from the opposite half of the roadway as to be in
  369  danger.
  370         b. Unless otherwise directed by a pedestrian control signal
  371  as provided in s. 316.0755, pedestrians facing a steady red
  372  signal shall not enter the roadway.
  373         (2) In the event an official traffic control signal is
  374  erected and maintained at a place other than an intersection,
  375  the provisions of this section shall be applicable except as to
  376  those provisions which by their nature can have no application.
  377  Any stop required shall be made at a sign or marking on the
  378  pavement indicating where the stop shall be made, but in the
  379  absence of any such sign or marking the stop shall be made at
  380  the signal.
  381         (3)(a) A No traffic control signal device may not shall be
  382  used unless it exhibits which does not exhibit a yellow or
  383  “caution” light between the green or “go” signal and the red or
  384  “stop” signal. The yellow signal display duration on traffic
  385  control signals shall be based on the standards set forth in the
  386  Florida Department of Transportation’s Traffic Engineering
  387  Manual.
  388         (b) A No traffic control signal device may not shall
  389  display other than the color red at the top of the vertical
  390  signal, nor may shall it display other than the color red at the
  391  extreme left of the horizontal signal.
  392         (4)(a) A violation of subsection (1) or subsection (2) this
  393  section is a noncriminal traffic infraction, punishable pursuant
  394  to chapter 318 as either a pedestrian violation or, if the
  395  infraction resulted from the operation of a vehicle, as a moving
  396  violation. However, no person issued a citation by a traffic
  397  enforcement officer shall be found to have committed a violation
  398  of subparagraph (1)(c)1. if the traffic control device at the
  399  intersection did not meet all requirements under subsection (3).
  400  
  401  Section 3. This act shall take effect July 1, 2013.