Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
       
       
       
       
       
       
                                Barcode 882190                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1b/RE/2R         .                                
             05/02/2013 01:38 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    3  
    4         Between lines 151 and 152
    5  insert:
    6         Section 6. Subsection (91) is added to section 316.003,
    7  Florida Statutes, to read:
    8         316.003 Definitions.—The following words and phrases, when
    9  used in this chapter, shall have the meanings respectively
   10  ascribed to them in this section, except where the context
   11  otherwise requires:
   12         (91) LOCAL HEARING OFFICER.—The person, designated by a
   13  department, county, or municipality that elects to authorize
   14  traffic infraction enforcement officers to issue traffic
   15  citations under s. 316.0083(1)(a), who is authorized to conduct
   16  hearings related to a notice of violation issued pursuant to
   17  316.0083. The charter county, noncharter county, or municipality
   18  may use its currently appointed code enforcement board or
   19  special magistrate to serve as the local hearing officer. The
   20  department may enter into an interlocal agreement to use the
   21  local hearing officer of a county or municipality.
   22         Section 7. Subsection (1) of section 316.0083, Florida
   23  Statutes, is amended, and subsection (5) is added to that
   24  section, to read:
   25         316.0083 Mark Wandall Traffic Safety Program;
   26  administration; report.—
   27         (1)(a) For purposes of administering this section, the
   28  department, a county, or a municipality may authorize a traffic
   29  infraction enforcement officer under s. 316.640 to issue a
   30  traffic citation for a violation of s. 316.074(1) or s.
   31  316.075(1)(c)1. A notice of violation and a traffic citation may
   32  not be issued for failure to stop at a red light if the driver
   33  is making a right-hand turn in a careful and prudent manner at
   34  an intersection where right-hand turns are permissible. A notice
   35  of violation and a traffic citation may not be issued under this
   36  section if the driver of the vehicle came to a complete stop
   37  after crossing the stop line and before turning right if
   38  permissible at a red light, but failed to stop before crossing
   39  over the stop line or other point at which a stop is required.
   40  This paragraph does not prohibit a review of information from a
   41  traffic infraction detector by an authorized employee or agent
   42  of the department, a county, or a municipality before issuance
   43  of the traffic citation by the traffic infraction enforcement
   44  officer. This paragraph does not prohibit the department, a
   45  county, or a municipality from issuing notification as provided
   46  in paragraph (b) to the registered owner of the motor vehicle
   47  involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
   48         (b)1.a. Within 30 days after a violation, notification must
   49  be sent to the registered owner of the motor vehicle involved in
   50  the violation specifying the remedies available under s. 318.14
   51  and that the violator must pay the penalty of $158 to the
   52  department, county, or municipality, or furnish an affidavit in
   53  accordance with paragraph (d), or request a hearing within 60 30
   54  days following the date of the notification in order to avoid
   55  court fees, costs, and the issuance of a traffic citation. The
   56  notification must shall be sent by first-class mail. The mailing
   57  of the notice of violation constitutes notification.
   58         b. Included with the notification to the registered owner
   59  of the motor vehicle involved in the infraction must be a notice
   60  that the owner has the right to review the photographic or
   61  electronic images or the streaming video evidence that
   62  constitutes a rebuttable presumption against the owner of the
   63  vehicle. The notice must state the time and place or Internet
   64  location where the evidence may be examined and observed.
   65         c. Notwithstanding any other provision of law, a person who
   66  receives a notice of violation under this section may request a
   67  hearing within 60 days following the notification of violation
   68  or pay the penalty pursuant to the notice of violation, but a
   69  payment or fee may not be required before the hearing requested
   70  by the person. The notice of violation must be accompanied by,
   71  or direct the person to a website that provides, information on
   72  the person’s right to request a hearing and on all court costs
   73  related thereto and a form to request a hearing. As used in this
   74  sub-subparagraph, the term “person” includes a natural person,
   75  registered owner or coowner of a motor vehicle, or person
   76  identified on an affidavit as having care, custody, or control
   77  of the motor vehicle at the time of the violation.
   78         d. If the registered owner or coowner of the motor vehicle,
   79  or the person designated as having care, custody, or control of
   80  the motor vehicle at the time of the violation, or an authorized
   81  representative of the owner, coowner, or designated person,
   82  initiates a proceeding to challenge the violation pursuant to
   83  this paragraph, such person waives any challenge or dispute as
   84  to the delivery of the notice of violation.
   85         2. Penalties assessed and collected by the department,
   86  county, or municipality authorized to collect the funds provided
   87  for in this paragraph, less the amount retained by the county or
   88  municipality pursuant to subparagraph 3., shall be paid to the
   89  Department of Revenue weekly. Payment by the department, county,
   90  or municipality to the state shall be made by means of
   91  electronic funds transfers. In addition to the payment, summary
   92  detail of the penalties remitted shall be reported to the
   93  Department of Revenue.
   94         3. Penalties to be assessed and collected by the
   95  department, county, or municipality are as follows:
   96         a. One hundred fifty-eight dollars for a violation of s.
   97  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
   98  stop at a traffic signal if enforcement is by the department’s
   99  traffic infraction enforcement officer. One hundred dollars
  100  shall be remitted to the Department of Revenue for deposit into
  101  the General Revenue Fund, $10 shall be remitted to the
  102  Department of Revenue for deposit into the Department of Health
  103  Emergency Medical Services Trust Fund, $3 shall be remitted to
  104  the Department of Revenue for deposit into the Brain and Spinal
  105  Cord Injury Trust Fund, and $45 shall be distributed to the
  106  municipality in which the violation occurred, or, if the
  107  violation occurred in an unincorporated area, to the county in
  108  which the violation occurred. Funds deposited into the
  109  Department of Health Emergency Medical Services Trust Fund under
  110  this sub-subparagraph shall be distributed as provided in s.
  111  395.4036(1). Proceeds of the infractions in the Brain and Spinal
  112  Cord Injury Trust Fund shall be distributed quarterly to the
  113  Miami Project to Cure Paralysis and shall be used for brain and
  114  spinal cord research.
  115         b. One hundred fifty-eight dollars for a violation of s.
  116  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  117  stop at a traffic signal if enforcement is by a county or
  118  municipal traffic infraction enforcement officer. Seventy
  119  dollars shall be remitted by the county or municipality to the
  120  Department of Revenue for deposit into the General Revenue Fund,
  121  $10 shall be remitted to the Department of Revenue for deposit
  122  into the Department of Health Emergency Medical Services Trust
  123  Fund, $3 shall be remitted to the Department of Revenue for
  124  deposit into the Brain and Spinal Cord Injury Trust Fund, and
  125  $75 shall be retained by the county or municipality enforcing
  126  the ordinance enacted pursuant to this section. Funds deposited
  127  into the Department of Health Emergency Medical Services Trust
  128  Fund under this sub-subparagraph shall be distributed as
  129  provided in s. 395.4036(1). Proceeds of the infractions in the
  130  Brain and Spinal Cord Injury Trust Fund shall be distributed
  131  quarterly to the Miami Project to Cure Paralysis and shall be
  132  used for brain and spinal cord research.
  133         4. An individual may not receive a commission from any
  134  revenue collected from violations detected through the use of a
  135  traffic infraction detector. A manufacturer or vendor may not
  136  receive a fee or remuneration based upon the number of
  137  violations detected through the use of a traffic infraction
  138  detector.
  139         (c)1.a. A traffic citation issued under this section shall
  140  be issued by mailing the traffic citation by certified mail to
  141  the address of the registered owner of the motor vehicle
  142  involved in the violation if when payment has not been made
  143  within 60 30 days after notification under paragraph (b), if the
  144  registered owner has not requested a hearing as authorized under
  145  paragraph (b), or if the registered owner has not submitted an
  146  affidavit under this section subparagraph (b)1.
  147         b. Delivery of the traffic citation constitutes
  148  notification under this paragraph. If the registered owner or
  149  coowner of the motor vehicle, or the person designated as having
  150  care, custody, or control of the motor vehicle at the time of
  151  the violation, or a duly authorized representative of the owner,
  152  coowner, or designated person, initiates a proceeding to
  153  challenge the citation pursuant to this section, such person
  154  waives any challenge or dispute as to the delivery of the
  155  traffic citation.
  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         (5) Procedures for a hearing under this section are as
  265  follows:
  266         (a) The department shall publish and make available
  267  electronically to each county and municipality a model Request
  268  for Hearing form to assist each local government administering
  269  this section.
  270         (b)The charter county, noncharter county, or municipality
  271  electing to authorize traffic infraction enforcement officers to
  272  issue traffic citations under s. 316.0083(1)(a) shall designate
  273  by resolution existing staff to serve as the clerk to the local
  274  hearing officer.
  275         (c)Any person, herein referred to as the “petitioner,” who
  276  elects to request a hearing under paragraph (1)(b) shall be
  277  scheduled for a hearing by the clerk to the local hearing
  278  officer to appear before a local hearing officer with notice to
  279  be sent by first-class mail. Upon receipt of the notice, the
  280  petitioner may reschedule the hearing once by submitting a
  281  written request to reschedule to the clerk to the local hearing
  282  officer, at least 5 calendar days before the day of the
  283  originally scheduled hearing. The petitioner may cancel his or
  284  her appearance before the local hearing officer by paying the
  285  penalty assessed under paragraph (1)(b), plus $50 in
  286  administrative costs, before the start of the hearing.
  287         (d)All testimony at the hearing shall be under oath and
  288  shall be recorded. The local hearing officer shall take
  289  testimony from a traffic infraction enforcement officer and the
  290  petitioner, and may take testimony from others. The local
  291  hearing officer shall review the photographic or electronic
  292  images or the streaming video made available under sub
  293  subparagraph(1)(b)1.b. Formal rules of evidence do not apply,
  294  but due process shall be observed and govern the proceedings.
  295         (e) At the conclusion of the hearing, the local hearing
  296  officer shall determine whether a violation under this section
  297  has occurred, in which case the hearing officer shall uphold or
  298  dismiss the violation. The local hearing officer shall issue a
  299  final administrative order including the determination and, if
  300  the notice of violation is upheld, require the petitioner to pay
  301  the penalty previously assessed under paragraph (1)(b), and may
  302  also require the petitioner to pay county or municipal costs,
  303  not to exceed $250. The final administrative order shall be
  304  mailed to the petitioner by first-class mail.
  305         (f) An aggrieved party may appeal a final administrative
  306  order consistent with the process provided under s. 162.11.
  307         Section 8. Paragraph (c) of subsection (3) of section
  308  316.650, Florida Statutes, is amended to read
  309         316.650 Traffic citations.—
  310         (3)
  311         (c) If a traffic citation is issued under s. 316.0083, the
  312  traffic infraction enforcement officer shall provide by
  313  electronic transmission a replica of the traffic citation data
  314  to the court having jurisdiction over the alleged offense or its
  315  traffic violations bureau within 5 days after the date of
  316  issuance of the traffic citation to the violator. If a hearing
  317  is requested, the traffic infraction enforcement officer shall
  318  provide a replica of the traffic notice of violation data to the
  319  clerk for the local hearing officer having jurisdiction over the
  320  alleged offense within 14 days.
  321         Section 9. Section 318.121, Florida Statutes, is amended to
  322  read:
  323         318.121 Preemption of additional fees, fines, surcharges,
  324  and costs.—Notwithstanding any general or special law, or
  325  municipal or county ordinance, additional fees, fines,
  326  surcharges, or costs other than the court costs and surcharges
  327  assessed under s. 318.18(11), (13), (18), and (19), and (22) may
  328  not be added to the civil traffic penalties assessed under in
  329  this chapter.
  330         Section 10. Subsection (3) is added to section 318.15,
  331  Florida Statutes, to read:
  332         318.15 Failure to comply with civil penalty or to appear;
  333  penalty.—
  334         (3) The clerk shall notify the department of persons who
  335  were mailed a notice of violation of s. 316.074(1) or s.
  336  316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter
  337  into, or comply with the terms of, a penalty payment plan, or
  338  order with the clerk to the local hearing officer or failed to
  339  appear at a scheduled hearing within 10 days after such failure,
  340  and shall reference the person’s driver license number, or in
  341  the case of a business entity, vehicle registration number.
  342         (a) Upon receipt of such notice, the department, or
  343  authorized agent thereof, may not issue a license plate or
  344  revalidation sticker for any motor vehicle owned or coowned by
  345  that person pursuant to s. 320.03(8) until the amounts assessed
  346  have been fully paid.
  347         (b) After the issuance of the person’s license plate or
  348  revalidation sticker is withheld pursuant to paragraph (a), the
  349  person may challenge the withholding of the license plate or
  350  revalidation sticker only on the basis that the outstanding
  351  fines and civil penalties have been paid pursuant to s.
  352  320.03(8).
  353         Section 11. Paragraph (c) of subsection (15) of section
  354  318.18, Florida Statutes, is amended, and subsection (22) is
  355  added to that section, to read:
  356         318.18 Amount of penalties.—The penalties required for a
  357  noncriminal disposition pursuant to s. 318.14 or a criminal
  358  offense listed in s. 318.17 are as follows:
  359         (15)
  360         (c) If a person who is mailed a notice of violation or
  361  cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
  362  enforced by a traffic infraction enforcement officer under s.
  363  316.0083, presents documentation from the appropriate
  364  governmental entity that the notice of violation or traffic
  365  citation was in error, the clerk of court or clerk to the local
  366  hearing officer may dismiss the case. The clerk of court or
  367  clerk to the local hearing officer may shall not charge for this
  368  service.
  369         (22) In addition to the penalty prescribed under s.
  370  316.0083 for violations enforced under s. 316.0083 which are
  371  upheld, the local hearing officer may also order the payment of
  372  county or municipal costs, not to exceed $250.
  373         Section 12. Subsection (8) of section 320.03, Florida
  374  Statutes, is amended to read:
  375         320.03 Registration; duties of tax collectors;
  376  International Registration Plan.—
  377  (8) If the applicant’s name appears on the list referred to in
  378  s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 713.78(13),
  379  a license plate or revalidation sticker may not be issued until
  380  that person’s name no longer appears on the list or until the
  381  person presents a receipt from the governmental entity or the
  382  clerk of court that provided the data showing that the fines
  383  outstanding have been paid. This subsection does not apply to
  384  the owner of a leased vehicle if the vehicle is registered in
  385  the name of the lessee of the vehicle. The tax collector and the
  386  clerk of the court are each entitled to receive monthly, as
  387  costs for implementing and administering this subsection, 10
  388  percent of the civil penalties and fines recovered from such
  389  persons. As used in this subsection, the term “civil penalties
  390  and fines” does not include a wrecker operator’s lien as
  391  described in s. 713.78(13). If the tax collector has private tag
  392  agents, such tag agents are entitled to receive a pro rata share
  393  of the amount paid to the tax collector, based upon the
  394  percentage of license plates and revalidation stickers issued by
  395  the tag agent compared to the total issued within the county.
  396  The authority of any private agent to issue license plates shall
  397  be revoked, after notice and a hearing as provided in chapter
  398  120, if he or she issues any license plate or revalidation
  399  sticker contrary to the provisions of this subsection. This
  400  section applies only to the annual renewal in the owner’s birth
  401  month of a motor vehicle registration and does not apply to the
  402  transfer of a registration of a motor vehicle sold by a motor
  403  vehicle dealer licensed under this chapter, except for the
  404  transfer of registrations which includes the annual renewals.
  405  This section does not affect the issuance of the title to a
  406  motor vehicle, notwithstanding s. 319.23(8)(b).
  407  
  408  ================= T I T L E  A M E N D M E N T ================
  409         And the title is amended as follows:
  410         Between lines 4626 and 4627
  411  insert:
  412         amending s. 316.003, F.S.; defining the term “local
  413         hearing officer”; amending s. 316.0083, F.S; revising
  414         provisions relating to the use of a traffic infraction
  415         detector; specifying when a citation may be issued;
  416         providing that a recipient of a notice of violation
  417         may request a hearing; providing that initiating a
  418         proceeding to challenge a violation or a citation
  419         waives any challenge or dispute as to delivery of the
  420         notice; revising provisions for issuance of a
  421         citation; revising provisions for enforcement if a
  422         person other than the owner is designated as having
  423         care, custody, or control of the motor vehicle at the
  424         time of the violation; providing procedures for
  425         conducting hearings to determine whether a violation
  426         has occurred; amending s. 316.650, F.S.; requiring
  427         notification of violation data to be sent within a
  428         certain timeframe; amending s. 318.121, F.S.; limiting
  429         the assessment of costs and charges added to certain
  430         penalties; amending s. 318.15, F.S.; providing for the
  431         registration of a vehicle owned by a person who fails
  432         to comply with the terms of the local hearing officer;
  433         amending s. 318.18, F.S.; providing for dismissal of
  434         cases by presentation of appropriate documentation;
  435         authorizing the assessment of county or municipal
  436         costs when certain violations are upheld following a
  437         hearing; amending 320.03, F.S.; adding a cross
  438         reference;