Florida Senate - 2013                                     SB 950
       
       
       
       By Senator Braynon
       
       
       
       
       36-00150A-13                                           2013950__
    1                        A bill to be entitled                      
    2         An act relating to photographic enforcement on school
    3         buses; amending s. 316.003, F.S.; defining the term
    4         “school bus safety camera” for purposes of the Florida
    5         Uniform Traffic Control Law; amending s. 316.008,
    6         F.S.; authorizing a school board to authorize use of
    7         school bus safety cameras to enforce specified
    8         provisions requiring a motor vehicle to stop behind a
    9         school bus stop signal; creating s. 316.0084, F.S.;
   10         creating the School Bus Safety Camera Program;
   11         providing for use of cameras installed on a school bus
   12         to provide evidence of a violation when a driver fails
   13         to stop behind the bus while the bus stop signal is
   14         displayed; requiring a school board to authorize use
   15         of such cameras by adopting a resolution; providing
   16         for the school board to enter into an agreement with a
   17         vendor for the installation, operation, notice
   18         processing, and administration and maintenance of the
   19         school bus safety camera program and with the county
   20         sheriff for operation and enforcement of the program;
   21         providing for a fine and the distribution of fines
   22         collected; providing procedures for enforcement and
   23         payment of fines; providing penalties for submission
   24         of a false affidavit establishing an exemption;
   25         providing for responsibility to pay the fine and
   26         specified fees; requiring the sheriff’s office to
   27         issue a traffic citation in certain circumstances;
   28         providing that the images or video identified in the
   29         traffic citation raises a rebuttable presumption of a
   30         violation; authorizing the sheriff’s office to issue a
   31         citation to the operator of a motor vehicle in certain
   32         circumstances; providing for the distribution of
   33         fines; authorizing the sheriff’s office to contract
   34         for certain administrative requirements; requiring
   35         such cameras to meet specifications adopted by rule of
   36         the Department of Education; requiring the department
   37         to adopt such rules by a certain date; providing for
   38         applicability; amending s. 316.650, F.S.; providing
   39         procedures for transmission of citation data to the
   40         court; amending s. 316.655, F.S.; providing an
   41         exception to certain penalties; amending ss. 318.14
   42         and 318.19, F.S.; providing exceptions to certain
   43         traffic infraction disposition procedures; amending s.
   44         318.15, F.S.; providing procedures that apply upon
   45         failure to comply with civil penalty for failing to
   46         stop behind a school bus displaying a stop signal or
   47         by passing a school bus before the stop signal has
   48         been withdrawn when such violations are enforced under
   49         specified provisions; amending s. 320.03, F.S.;
   50         restricting issuance of a license plate or validation
   51         sticker until outstanding fines and fees are paid;
   52         providing an effective date.
   53  
   54         WHEREAS, the Legislature recognizes the great harm that can
   55  occur when motor vehicles do not stop when a school bus displays
   56  its stop signal and further recognizes that large numbers of
   57  school buses traverse Florida communities daily, often during
   58  hours when there are limited law enforcement personnel on the
   59  roads, and
   60         WHEREAS, the Legislature believes that there is a state
   61  interest in providing an additional deterrent to this dangerous
   62  practice and, to that end, an additional enforcement mechanism
   63  for violations of s. 316.172, Florida Statutes, through the use
   64  of school bus safety cameras is necessary, and
   65         WHEREAS, the local school board is charged with safely
   66  transporting students to and from schools and is the appropriate
   67  entity to determine enactment of a School Bus Safety Camera
   68  Program within its jurisdiction with assistance and enforcement
   69  by the local sheriff’s office, NOW, THEREFORE,
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Subsection (91) is added to section 316.003,
   74  Florida Statutes, to read:
   75         316.003 Definitions.—The following words and phrases, when
   76  used in this chapter, shall have the meanings respectively
   77  ascribed to them in this section, except where the context
   78  otherwise requires:
   79         (91) SCHOOL BUS SAFETY CAMERA.—A camera or cameras
   80  installed on a school bus and synchronized to record images or
   81  video of a motor vehicle when the motor vehicle fails to stop
   82  behind the school bus stop signal or passes the bus before the
   83  signal has been withdrawn.
   84         Section 2. Paragraph (d) is added to subsection (8) of
   85  section 316.008, Florida Statutes, to read:
   86         316.008 Powers of local authorities.—
   87         (8)
   88         (d) The district school board may authorize use of school
   89  bus safety cameras to assist in enforcement of s. 316.172 when a
   90  motor vehicle fails to stop behind the school bus stop signal or
   91  passes the school bus before the stop signal has been withdrawn.
   92  Such cameras may be used within the school district, including
   93  on any road under the jurisdiction of a municipality, the
   94  county, or the Department of Transportation.
   95         Section 3. Section 316.0084, Florida Statutes, is created
   96  to read:
   97         316.0084 School Bus Safety Camera Program.—
   98         (1) This section may be cited as the “School Bus Safety
   99  Camera Program.”
  100         (2) After consultation with the county sheriff’s office, a
  101  district school board may authorize the use of school bus safety
  102  cameras to enforce s. 316.172 as provided in this section.
  103         (3) Authorization by a school board shall be by adoption of
  104  a resolution applying within county boundaries and authorizing
  105  enforcement under this section. The resolution and
  106  implementation of the program are not subject to the
  107  requirements of chapter 120. Upon adoption of the resolution,
  108  the school board may contract with a vendor of automated devices
  109  for the installation, operation, notice processing, and
  110  administration and maintenance of the school bus safety camera
  111  program, or, if the school board enters into an interlocal
  112  agreement with the sheriff’s office pursuant to subsection (4),
  113  the sheriff’s office may enter into such a contract with a
  114  vendor.
  115         (4) The school board may contract for the operation and
  116  enforcement of the program through an interlocal agreement with
  117  the county sheriff’s office, which shall perform as the law
  118  enforcement agency under this section.
  119         (5) When the operator of a motor vehicle violates s.
  120  316.172 by failing to stop behind a school bus displaying a stop
  121  signal or by passing a school bus before the stop signal has
  122  been withdrawn, the school bus safety camera shall record images
  123  or video of the violation and record the vehicle’s license
  124  plate. The images or video recorded by a school bus safety
  125  camera may not contain the face of the operator of or any
  126  passenger in the motor vehicle.
  127         (6) A fine of $250 shall be imposed for a violation of s.
  128  316.172 when enforced under this section. No costs, fees, or
  129  other charges may be added to the fine if paid pursuant to the
  130  notice of violation provided under paragraph (7)(a). All fines
  131  collected, less costs to administer, operate, and maintain the
  132  program, shall be distributed as follows:
  133         (a) Twenty-five percent shall be remitted to the county in
  134  which the offense was committed.
  135         (b) Thirty-five percent shall be remitted to the school
  136  district in which the offense was committed.
  137         (c) Thirty percent shall be remitted to the Department of
  138  Revenue for deposit into the General Revenue Fund.
  139         (d) Ten percent shall be remitted to the Department of
  140  Education for school bus safety initiatives.
  141         (7) Enforcement of s. 316.172 under this section shall be
  142  accomplished as follows:
  143         (a) A deputy sheriff, officer, or employee of the sheriff’s
  144  office shall review the images or video recorded by a school bus
  145  safety camera. If he or she determines that such images or video
  146  depicts a violation of s. 316.172, the sheriff’s office shall
  147  issue a notice of violation to the registered owner or lessee of
  148  the motor vehicle depicted in the images or video. If the motor
  149  vehicle has more than one registered owner or lessee, the notice
  150  shall be issued to the first person listed on the title or other
  151  evidence of ownership.
  152         (b)1. The notice of violation shall be sent to the
  153  registered owner or lessee by first-class mail within 30 days
  154  after identification of the owner or lessee. The notice of
  155  violation must include, at a minimum:
  156         a. The name and address of the person alleged to be liable
  157  as the registered owner or lessee of the motor vehicle involved
  158  in the violation.
  159         b. The license plate number of the motor vehicle.
  160         c. The violation charged.
  161         d. The date, time, and location of the violation.
  162         e. A copy of the images of the motor vehicle and license
  163  plate that were recorded by the school bus safety camera and the
  164  URL or web address of the Internet website where the images or
  165  video may be viewed.
  166         f. The amount of the fine and the time, place, and manner
  167  of payment of the fine.
  168         g. The date by which payment of the fine must be made to
  169  the place specified under sub-subparagraph f. or by which an
  170  exemption affidavit under paragraph (d) must be provided to the
  171  sheriff’s office. The date must be clearly and prominently
  172  depicted in the notice and shall be within 30 days after the
  173  notice of violation is mailed.
  174         h. The procedure under which the notice of violation may be
  175  contested, including establishing an exemption under paragraph
  176  (c) and requesting a court hearing under s. 318.14.
  177         i. A notice that, following issuance of a traffic citation
  178  under paragraph (g), failure to timely pay the fine, establish
  179  an exemption, or transfer liability to the individual identified
  180  as the operator of the motor vehicle constitutes an admission
  181  that the registered owner or lessee is responsible for the
  182  violation and that the owner’s or lessee’s failure to pay the
  183  fine shall result in the owner’s or lessee’s liability for the
  184  fine and the denial of a new or replacement license plate or
  185  revalidation sticker as part of motor vehicle registration until
  186  the owner or lessee presents a receipt from the applicable
  187  governmental entity or the clerk of court showing that the fine
  188  has been paid. This sub-subparagraph does not apply to the owner
  189  of a leased motor vehicle if the vehicle is registered in the
  190  name of the lessee of the vehicle.
  191         2. In any hearing on a traffic citation issued pursuant to
  192  this section in which the timely or proper mailing of a notice
  193  of violation is challenged, the defendant bears the burden of
  194  proving that the notice of violation was not timely or properly
  195  mailed.
  196         3. The owner of the rented or leased motor vehicle for
  197  which a notice of violation is issued for a violation of s.
  198  316.172 is not responsible for paying the traffic fine and is
  199  not required to submit an affidavit as specified in this
  200  subsection if the motor vehicle involved in the violation is
  201  registered in the name of the lessee and the lessee is
  202  responsible for paying the fine.
  203         (c) The motor vehicle owner or lessee who is issued a
  204  notice of violation is liable for the fine unless one of the
  205  following exemptions is established:
  206         1. The motor vehicle passed beyond the school bus stop
  207  signal in order to yield the only right-of-way available to an
  208  emergency vehicle and did so prudently;
  209         2. The motor vehicle passed beyond the school bus stop
  210  signal at the direction of a law enforcement officer;
  211         3. The motor vehicle was, at the time of the violation, in
  212  the care, custody, or control of another person operating the
  213  vehicle;
  214         4. A traffic citation was issued by a law enforcement
  215  officer to the operator of the motor vehicle for the alleged
  216  violation of s. 316.172;
  217         5. The motor vehicle’s owner or lessee was deceased on or
  218  before the date of the violation as established by an affidavit
  219  submitted by a representative of the motor vehicle owner’s or
  220  lessee’s estate or other designated person or family member; or
  221         6. The motor vehicle was stolen at the time of the
  222  violation.
  223         (d) To establish an exemption under paragraph (c), the
  224  owner or lessee shall, within 30 days after the date of issuance
  225  of the notice of violation, furnish the local sheriff’s office
  226  with an affidavit setting forth detailed information supporting
  227  the exemption.
  228         1. An affidavit supporting an exemption under subparagraph
  229  (c)3. must include the name, address, date of birth, and, if
  230  known, the driver license number of the operator who leased,
  231  rented, or otherwise had the care, custody, or control of the
  232  motor vehicle at the time of the alleged violation.
  233         2. An affidavit supporting an exemption under subparagraph
  234  (c)4. must include a copy of the traffic citation issued for the
  235  alleged violation.
  236         3. An affidavit supporting an exemption under subparagraph
  237  (c)5. must include a certified copy of the owner’s or lessee’s
  238  death certificate showing that the date of death occurred on or
  239  before the issuance of the notice of violation, and:
  240         a. The bill of sale showing that the deceased owner’s or
  241  lessee’s motor vehicle was sold or transferred after his or her
  242  death but on or before the date of the alleged violation;
  243         b. Documented proof that the registered license plate
  244  belonging to the deceased owner’s or lessee’s motor vehicle was
  245  returned to the department or any branch office or authorized
  246  agent of the department on or before the date of the alleged
  247  violation; or
  248         c. A copy of the law enforcement report indicating that the
  249  deceased owner’s or lessee’s registered license plate or motor
  250  vehicle was stolen after the owner’s or lessee’s death but on or
  251  before the date of the alleged violation.
  252         4. An affidavit supporting an exemption under subparagraph
  253  (c)6., if the motor vehicle was stolen at the time of the
  254  alleged violation, must include a copy of the law enforcement
  255  report indicating that the motor vehicle was stolen.
  256         (e) If the motor vehicle owner or lessee or his or her
  257  representative timely submits an affidavit establishing an
  258  exemption from liability which is determined by a deputy
  259  sheriff, officer, or employee of the sheriff’s office to be
  260  sufficient, neither the sheriff’s office nor the court shall
  261  take any further action to enforce the violation against the
  262  owner or lessee unless, for the exemption under subparagraph
  263  (c)3., liability is not successfully transferred as provided in
  264  this section. If the registered owner or lessee fails to timely
  265  submit an affidavit establishing an exemption from liability,
  266  the owner or lessee may not rely on such exemption to avoid
  267  liability in a hearing on a traffic citation issued pursuant to
  268  this section. Submission of a false affidavit is a misdemeanor
  269  of the second degree, punishable as provided in s. 775.082 or s.
  270  775.083.
  271         (f) If no exemption is established under subparagraph
  272  (c)1., subparagraph (c)2., subparagraph (c)4., subparagraph
  273  (c)5., or subparagraph (c)6., the motor vehicle owner or lessee
  274  who has been issued a notice of violation is responsible for
  275  payment of the fine unless the owner or lessee successfully
  276  transfers liability to the person identified as the operator
  277  pursuant to subparagraph (c)3., there is adjudication that no
  278  violation by the owner or lessee occurred, or there is an
  279  otherwise lawful determination that no civil penalty shall be
  280  imposed. A successful transfer of liability occurs when the
  281  person identified as the operator of the motor vehicle pursuant
  282  to subparagraph (c)3. pays a fine pursuant to s. 318.14 or, if
  283  the traffic citation is contested, is found liable.
  284         (g) If the motor vehicle owner or lessee fails to respond
  285  to a notice of violation by paying the fine imposed under
  286  subsection (6) or submitting an affidavit that complies with
  287  paragraph (d) within 30 days after the date of issuance of the
  288  notice of violation, as reflected on the notice of violation,
  289  the sheriff’s office shall issue a traffic citation for the
  290  violation of s. 316.172 to the registered owner or lessee by
  291  first-class mail within 45 days after the issuance of the notice
  292  of violation. The sheriff’s office may conduct an additional
  293  review of the images or video of the violation before issuing
  294  the traffic citation. In any hearing on a traffic citation
  295  issued pursuant to this section in which the timely or proper
  296  mailing of the traffic citation is challenged, the defendant
  297  bears the burden of proving that the traffic citation was not
  298  timely or properly mailed.
  299         (h) A motor vehicle owner or lessee who has been issued a
  300  traffic citation is liable for the fine imposed pursuant to this
  301  section together with any surcharges, fees, or costs imposed
  302  pursuant to chapter 318. Within 30 days after the date of
  303  issuance of the traffic citation, as reflected on the traffic
  304  citation, the owner or lessee shall either pay the fine and
  305  surcharges, fees, and costs imposed pursuant to chapter 318 or
  306  contest the traffic citation at a hearing under chapter 318.
  307  Failure to pay the fine shall result in the owner’s or lessee’s
  308  liability for the fine and the denial of a new or replacement
  309  license plate or revalidation sticker as part of motor vehicle
  310  registration until the owner’s or lessee’s name no longer
  311  appears on a list of those who have outstanding fines pursuant
  312  to s. 318.15(3) or until the owner or lessee presents a receipt
  313  from the governmental entity or clerk of court that provided the
  314  data showing that the outstanding fines have been paid. This
  315  paragraph does not apply to the owner of a leased motor vehicle
  316  if the vehicle is registered in the name of the lessee of the
  317  vehicle.
  318         (i) In any hearing on a traffic citation issued pursuant to
  319  this section, the images or video identified in the traffic
  320  citation are deemed authentic and admissible into evidence. The
  321  images or video identified in the traffic citation raises a
  322  rebuttable presumption that the motor vehicle identified in the
  323  traffic citation was operated in violation of s. 316.172 at the
  324  time and place identified in the traffic citation.
  325         (j)1. Upon receipt by the sheriff’s office of an affidavit
  326  pursuant to subparagraph (d)1., the operator designated as
  327  having the care, custody, and control of the motor vehicle at
  328  the time of the violation may, by first-class mail, be issued a
  329  traffic citation for a violation of s. 316.172. The affidavit is
  330  admissible in any hearing pursuant to this section for purposes
  331  of providing proof that the motor vehicle was in the actual
  332  care, custody, or control of the person identified in the
  333  affidavit.
  334         2. The motor vehicle operator receiving the traffic
  335  citation shall proceed pursuant to s. 318.14 and may pay the
  336  fine pursuant to s. 318.18 and any additional surcharges, fees,
  337  and costs or may choose to contest the traffic citation. If the
  338  operator is found not liable for the fine, the registered owner
  339  or lessee of the motor vehicle shall be liable for the fine. The
  340  sheriff’s office shall send a new notice of violation by first
  341  class mail to the registered owner or lessee stating that the
  342  operator was found not liable and giving the registered owner or
  343  lessee the option of paying the fine under this section or
  344  contesting the violation by a stated date that is at least 20
  345  days after the mailing of the new notice. The owner or lessee
  346  may not attempt to transfer liability more than one time using
  347  the affidavit procedure. If timely payment is not made by the
  348  owner or lessee under this section, the sheriff’s office shall
  349  issue a traffic citation for the violation of s. 316.172 to the
  350  registered owner or lessee by first-class mail within 30 days
  351  after the issuance of the new notice of violation. Failure to
  352  pay the fine shall result in the owner’s or lessee’s liability
  353  for the fine and the denial of a new or replacement license
  354  plate or revalidation sticker as part of motor vehicle
  355  registration until the owner’s or lessee’s name no longer
  356  appears on a list of those who have outstanding fines pursuant
  357  to s. 318.15(3) or until the owner or lessee presents a receipt
  358  from the governmental entity or clerk of court that provided the
  359  data showing that the outstanding fines have been paid.
  360         (8) Fines collected by the school board or the sheriff’s
  361  office pursuant to the notice of violation provided under
  362  paragraph (7)(a) and distributed to the state pursuant to
  363  subsection (6) shall be paid to the Department of Revenue
  364  monthly by means of electronic funds transfers with a report of
  365  the summary detail of penalties remitted.
  366         (9) Except for the review by a deputy sheriff, officer, or
  367  employee of the sheriff’s office pursuant to paragraph (7)(a),
  368  the sheriff’s office may contract for employees, agents, or
  369  vendors to perform all administrative or ministerial
  370  requirements of enforcement of s. 316.172 pursuant to this
  371  section, including, but not limited to, provision and
  372  installation of school bus safety cameras, processing and
  373  initial review of images or video before review by a deputy
  374  sheriff, officer, or employee of the sheriff’s office, printing
  375  and mailing notices of violation, and electronic transmission of
  376  a replica of the traffic citation data to the appropriate court
  377  or traffic violations bureau.
  378         (10) School bus safety cameras must meet specifications of
  379  the Department of Education, which shall adopt rules prescribing
  380  such specifications by October 1, 2013.
  381         (11) This section supplements the enforcement of s. 316.172
  382  by law enforcement officers and does not prohibit a law
  383  enforcement officer from issuing a uniform traffic citation when
  384  the operator fails to stop behind a school bus displaying a stop
  385  signal or passes a school bus before the stop signal has been
  386  withdrawn. When a law enforcement officer issues a uniform
  387  traffic citation, the procedures for disposition of the citation
  388  in chapter 318 apply.
  389         (12) This section does not limit the powers of district
  390  school boards as established by the State Constitution and
  391  recognized by s. 1001.32(2).
  392         Section 4. Subsection (3) of section 316.650, Florida
  393  Statutes, is amended to read:
  394         316.650 Traffic citations.—
  395         (3)(a) Except for a traffic citation issued pursuant to s.
  396  316.1001, or s. 316.0083, or s. 316.0084, each traffic
  397  enforcement officer, upon issuing a traffic citation to an
  398  alleged violator of any provision of the motor vehicle laws of
  399  this state or of any traffic ordinance of any municipality or
  400  town, shall deposit the original traffic citation or, in the
  401  case of a traffic enforcement agency that has an automated
  402  citation issuance system, the chief administrative officer shall
  403  provide by an electronic transmission a replica of the citation
  404  data to a court having jurisdiction over the alleged offense or
  405  with its traffic violations bureau within 5 days after issuance
  406  to the violator.
  407         (b) If a traffic citation is issued pursuant to s.
  408  316.1001, a traffic enforcement officer may deposit the original
  409  traffic citation or, in the case of a traffic enforcement agency
  410  that has an automated citation system, may provide by an
  411  electronic transmission a replica of the citation data to a
  412  court having jurisdiction over the alleged offense or with its
  413  traffic violations bureau within 45 days after the date of
  414  issuance of the citation to the violator. If the person cited
  415  for the violation of s. 316.1001 makes the election provided by
  416  s. 318.14(12) and pays the $25 fine, or such other amount as
  417  imposed by the governmental entity owning the applicable toll
  418  facility, plus the amount of the unpaid toll that is shown on
  419  the traffic citation directly to the governmental entity that
  420  issued the citation, or on whose behalf the citation was issued,
  421  in accordance with s. 318.14(12), the traffic citation will not
  422  be submitted to the court, the disposition will be reported to
  423  the department by the governmental entity that issued the
  424  citation, or on whose behalf the citation was issued, and no
  425  points will be assessed against the person’s driver driver’s
  426  license.
  427         (c) If a traffic citation is issued under s. 316.0083 or s.
  428  316.0084, the traffic infraction enforcement officer shall
  429  provide by electronic transmission a replica of the traffic
  430  citation data to the court having jurisdiction over the alleged
  431  offense or its traffic violations bureau within 5 days after the
  432  date of issuance of the traffic citation to the violator.
  433         Section 5. Subsection (1) of section 316.655, Florida
  434  Statutes, is amended to read:
  435         316.655 Penalties.—
  436         (1) A violation of any of the provisions of this chapter,
  437  except those violations with a specific criminal charge, as
  438  enumerated in s. 318.17, are infractions, as defined in s.
  439  318.13(3). Except for violations of s. 316.172 when no traffic
  440  citation is issued by a law enforcement officer and s. 316.302,
  441  infractions of this chapter are punishable as provided in
  442  chapter 318. Any person convicted of a violation of or otherwise
  443  found to be in violation of s. 316.063, s. 316.3025, s. 316.516,
  444  s. 316.545, or s. 316.550 shall be punished as specifically
  445  provided in that section.
  446         Section 6. Subsection (2) of section 318.14, Florida
  447  Statutes, is amended to read:
  448         318.14 Noncriminal traffic infractions; exception;
  449  procedures.—
  450         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  451  and 316.0084, any person cited for a violation requiring a
  452  mandatory hearing listed in s. 318.19 or any other criminal
  453  traffic violation listed in chapter 316 must sign and accept a
  454  citation indicating a promise to appear. The officer may
  455  indicate on the traffic citation the time and location of the
  456  scheduled hearing and must indicate the applicable civil penalty
  457  established in s. 318.18. For all other infractions under this
  458  section, except for infractions under s. 316.1001, the officer
  459  must certify by electronic, electronic facsimile, or written
  460  signature that the citation was delivered to the person cited.
  461  This certification is prima facie evidence that the person cited
  462  was served with the citation.
  463         Section 7. Section 318.19, Florida Statutes, is amended to
  464  read:
  465         318.19 Infractions requiring a mandatory hearing.—Any
  466  person cited for the infractions listed in this section shall
  467  not have the provisions of s. 318.14(2), (4), and (9) available
  468  to him or her but must appear before the designated official at
  469  the time and location of the scheduled hearing:
  470         (1) Any infraction which results in a crash that causes the
  471  death of another.;
  472         (2) Any infraction which results in a crash that causes
  473  “serious bodily injury” of another as defined in s.
  474  316.1933(1).;
  475         (3) Any infraction of s. 316.172(1)(b), except when
  476  enforced under s. 316.0084 when the violation was recorded by a
  477  school bus safety camera.;
  478         (4) Any infraction of s. 316.520(1) or (2).; or
  479         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  480  316.189 of exceeding the speed limit by 30 m.p.h. or more.
  481         Section 8. Subsection (3) is added to section 318.15,
  482  Florida Statutes, to read:
  483         318.15 Failure to comply with civil penalty or to appear;
  484  penalty.—
  485         (3) Notwithstanding subsection (1), any governmental
  486  entity, including a clerk of court, shall provide the department
  487  with data that is machine readable by the department’s computer
  488  system listing persons who have one or more outstanding
  489  violations of s. 316.172 when enforced under s. 316.0084 for
  490  failing to stop behind a school bus displaying a stop signal or
  491  by passing a school bus before the stop signal has been
  492  withdrawn. The data provided to the department shall include the
  493  person’s driver license number or, in the case of a business
  494  entity, the vehicle registration number. Pursuant to s.
  495  320.03(8), such persons may not be issued a license plate or
  496  revalidation sticker for any motor vehicle until the amounts
  497  assessed have been fully paid.
  498         Section 9. Subsection (8) of section 320.03, Florida
  499  Statutes, is amended to read:
  500         320.03 Registration; duties of tax collectors;
  501  International Registration Plan.—
  502         (8) If the applicant’s name appears on the list referred to
  503  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  504  713.78(13), a license plate or revalidation sticker may not be
  505  issued until that person’s name no longer appears on the list or
  506  until the person presents a receipt from the governmental entity
  507  or the clerk of court that provided the data showing that the
  508  fines outstanding have been paid. This subsection does not apply
  509  to the owner of a leased vehicle if the vehicle is registered in
  510  the name of the lessee of the vehicle. The tax collector and the
  511  clerk of the court are each entitled to receive monthly, as
  512  costs for implementing and administering this subsection, 10
  513  percent of the civil penalties and fines recovered from such
  514  persons. As used in this subsection, the term “civil penalties
  515  and fines” does not include a wrecker operator’s lien as
  516  described in s. 713.78(13). If the tax collector has private tag
  517  agents, such tag agents are entitled to receive a pro rata share
  518  of the amount paid to the tax collector, based upon the
  519  percentage of license plates and revalidation stickers issued by
  520  the tag agent compared to the total issued within the county.
  521  The authority of any private agent to issue license plates shall
  522  be revoked, after notice and a hearing as provided in chapter
  523  120, if he or she issues any license plate or revalidation
  524  sticker contrary to the provisions of this subsection. This
  525  section applies only to the annual renewal in the owner’s birth
  526  month of a motor vehicle registration and does not apply to the
  527  transfer of a registration of a motor vehicle sold by a motor
  528  vehicle dealer licensed under this chapter, except for the
  529  transfer of registrations which includes the annual renewals.
  530  This section does not affect the issuance of the title to a
  531  motor vehicle, notwithstanding s. 319.23(8)(b).
  532         Section 10. This act shall take effect July 1, 2013.