Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1184
       
       
       
       
       
       
                                Ì133272ÇÎ133272                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/05/2015           .                                
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       The Committee on Transportation (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 69 and 70
    4  insert:
    5         Section 2. Paragraph (b) of subsection (1) and paragraph
    6  (a) of subsection (4) of section 316.0083, Florida Statutes, are
    7  amended to read:
    8         316.0083 Mark Wandall Traffic Safety Program;
    9  administration; report.—
   10         (1)
   11         (b)1.a. Within 30 days after a violation, notification must
   12  be sent to the registered owner of the motor vehicle involved in
   13  the violation specifying the remedies available under s. 318.14
   14  and that the violator must pay the penalty of $158 to the
   15  department, county, or municipality, or furnish an affidavit in
   16  accordance with paragraph (d), or request a hearing within 60
   17  days following the date of the notification in order to avoid
   18  the issuance of a traffic citation. The notification must be
   19  sent by first-class mail. The mailing of the notice of violation
   20  constitutes notification.
   21         b. Included with the notification to the registered owner
   22  of the motor vehicle involved in the infraction must be a notice
   23  that the owner has the right to review the photographic or
   24  electronic images or the streaming video evidence that
   25  constitutes a rebuttable presumption against the owner of the
   26  vehicle. The notice must state the time and place or Internet
   27  location where the evidence may be examined and observed.
   28         c. Notwithstanding any other provision of law, a person who
   29  receives a notice of violation under this section may request a
   30  hearing within 60 days following the notification of violation
   31  or pay the penalty pursuant to the notice of violation, but a
   32  payment or fee may not be required before the hearing requested
   33  by the person. The notice of violation must be accompanied by,
   34  or direct the person to a website that provides, information on
   35  the person’s right to request a hearing and on all court costs
   36  related thereto and a form to request a hearing. As used in this
   37  sub-subparagraph, the term “person” includes a natural person,
   38  registered owner or coowner of a motor vehicle, or person
   39  identified on an affidavit as having care, custody, or control
   40  of the motor vehicle at the time of the violation.
   41         d. If the registered owner or coowner of the motor vehicle,
   42  or the person designated as having care, custody, or control of
   43  the motor vehicle at the time of the violation, or an authorized
   44  representative of the owner, coowner, or designated person,
   45  initiates a proceeding to challenge the violation pursuant to
   46  this paragraph, such person waives any challenge or dispute as
   47  to the delivery of the notice of violation.
   48         2. Penalties assessed and collected by the department,
   49  county, or municipality authorized to collect the funds provided
   50  for in this paragraph, less the amount retained by the county or
   51  municipality pursuant to subparagraph 3., shall be paid to the
   52  Department of Revenue weekly. Payment by the department, county,
   53  or municipality to the state shall be made by means of
   54  electronic funds transfers. In addition to the payment, summary
   55  detail of the penalties remitted shall be reported to the
   56  Department of Revenue.
   57         3. Penalties to be assessed and collected by the
   58  department, county, or municipality are as follows:
   59         a. One hundred fifty-eight dollars for a violation of s.
   60  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
   61  a traffic signal if enforcement is by the department’s traffic
   62  infraction enforcement officer. One hundred dollars shall be
   63  remitted to the Department of Revenue for deposit into the
   64  General Revenue Fund, $10 shall be remitted to the Department of
   65  Revenue for deposit into the Department of Health Emergency
   66  Medical Services Trust Fund, $3 shall be remitted to the
   67  Department of Revenue for deposit into the Brain and Spinal Cord
   68  Injury Trust Fund, and $45 shall be distributed to the
   69  municipality in which the violation occurred, or, if the
   70  violation occurred in an unincorporated area, to the county in
   71  which the violation occurred. Funds deposited into the
   72  Department of Health Emergency Medical Services Trust Fund under
   73  this sub-subparagraph shall be distributed as provided in s.
   74  395.4036(1). Proceeds of the infractions in the Brain and Spinal
   75  Cord Injury Trust Fund shall be distributed quarterly to the
   76  Miami Project to Cure Paralysis and used for brain and spinal
   77  cord research.
   78         b. One hundred fifty-eight dollars for a violation of s.
   79  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
   80  a traffic signal if enforcement is by a county or municipal
   81  traffic infraction enforcement officer. Seventy dollars shall be
   82  remitted by the county or municipality to the Department of
   83  Revenue for deposit into the General Revenue Fund, $10 shall be
   84  remitted to the Department of Revenue for deposit into the
   85  Department of Health Emergency Medical Services Trust Fund, $3
   86  shall be remitted to the Department of Revenue for deposit into
   87  the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
   88  retained by the county or municipality enforcing the ordinance
   89  enacted pursuant to this section. Funds deposited into the
   90  Department of Health Emergency Medical Services Trust Fund under
   91  this sub-subparagraph shall be distributed as provided in s.
   92  395.4036(1). Proceeds of the infractions in the Brain and Spinal
   93  Cord Injury Trust Fund shall be distributed quarterly to the
   94  Miami Project to Cure Paralysis and used for brain and spinal
   95  cord research.
   96         4. If a county or municipality fails to comply with the
   97  reporting requirements in subsection (4), as determined by the
   98  department, the department shall annually, on October 1, provide
   99  notice of such noncompliance to the county or municipality and
  100  the Department of Revenue. In cases of such noncompliance,
  101  notwithstanding subparagraph 3., the portion of revenues
  102  collected and otherwise retained by the county or municipality
  103  may not be retained but shall be remitted to the Department of
  104  Revenue. The Department of Revenue shall maintain records of
  105  such remissions reflecting the total amount of revenues received
  106  from each noncompliant county or municipality. On notice from
  107  the department that the county or municipality has established
  108  compliance, the Department of Revenue shall return those
  109  revenues to the affected county or municipality.
  110         5.4. An individual may not receive a commission from any
  111  revenue collected from violations detected through the use of a
  112  traffic infraction detector. A manufacturer or vendor may not
  113  receive a fee or remuneration based upon the number of
  114  violations detected through the use of a traffic infraction
  115  detector.
  116         (4)(a) Each county or municipality that operates a traffic
  117  infraction detector shall submit a report by October 1, 2012,
  118  and annually thereafter, to the department no later than
  119  September 30 of each year which details the results of using the
  120  traffic infraction detector and the procedures for enforcement
  121  for the preceding state fiscal year. The information submitted
  122  by the counties and municipalities must include statistical data
  123  and information required by the department to complete the
  124  report required under paragraph (b), and must include all of the
  125  following:.
  126         1. The name of the jurisdiction and contact information for
  127  the person responsible for the administration of the traffic
  128  infraction detector program.
  129         2. The location of each camera, including both geospatial
  130  and cross-road descriptions of the location of each device.
  131         3. The date that each red light camera became operational,
  132  and the dates of camera operation during the fiscal year,
  133  including any status changes of the camera’s use during the
  134  reporting period.
  135         4. Data related to the issuance and disposition of notices
  136  of violation and subsequent uniform traffic citations issued
  137  during the reporting period.
  138         5. Vehicle crash data, including fatalities and injuries,
  139  for crashes that occurred within a 250-foot radius of the
  140  geospatial coordinates for each traffic infraction detector
  141  during the 12-month period immediately preceding the initial
  142  date of camera operation. Data submitted as required under this
  143  subsection should be able to be validated against department
  144  data.
  145         6. Identification of any and all alternative safety
  146  measures, including increasing the interval between the yellow
  147  change light and the red clearance light, increasing the
  148  visibility of traffic lights, and installing advance dilemma
  149  zone detection systems, which the jurisdiction considered or
  150  implemented during the reporting period in lieu of or in
  151  addition to the use of a traffic infraction detector. The
  152  jurisdiction shall include the date of implementation of any
  153  such measures to assist the department in the analysis of crash
  154  data at a specified location.
  155  ================= T I T L E  A M E N D M E N T ================
  156  And the title is amended as follows:
  157         Delete line 8
  158  and insert:
  159         officer killed in the line of duty; amending s.
  160         316.0083, F.S.; requiring the department to provide
  161         notice of noncompliance with specified reporting
  162         requirements to the county or municipality and the
  163         Department of Revenue annually on a certain date under
  164         certain circumstances; requiring the portion of
  165         revenues collected and otherwise retained by the
  166         county or municipality to be remitted to the
  167         Department of Revenue in cases of such noncompliance;
  168         requiring the Department of Revenue to maintain
  169         records of such remissions subject to certain
  170         requirements; requiring the Department of Revenue to
  171         return those revenues under certain circumstances;
  172         revising the date when certain counties or
  173         municipalities are required to submit a report;
  174         specifying information to be included in the report
  175         submitted by the counties and municipalities; amending
  176         s.