Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1554
       
       
       
       
       
       
                                Ì946660.Î946660                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/16/2015           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 591 and 592
    4  insert:
    5         Section 7. 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 retained by the county
   90  or municipality under this sub-subparagraph shall be used only
   91  for traffic safety initiatives, including costs related to the
   92  administration of the Mark Wandall Traffic Safety Program under
   93  this section. Funds deposited into the Department of Health
   94  Emergency Medical Services Trust Fund under this sub
   95  subparagraph shall be distributed as provided in s. 395.4036(1).
   96  Proceeds of the infractions in the Brain and Spinal Cord Injury
   97  Trust Fund shall be distributed quarterly to the Miami Project
   98  to Cure Paralysis and used for brain and spinal cord research.
   99         4.  If a county or municipality fails to comply with the
  100  reporting requirements in subsection (4), as determined by the
  101  department, the department shall annually, on October 1, provide
  102  notice of the failure to the county or municipality. The county
  103  or municipality shall have 30 days from the date of the notice
  104  within which to establish compliance with the reporting
  105  requirements. If compliance is not established within the 30
  106  days, the department shall immediately notify the Department of
  107  Revenue of the county’s or municipality’s noncompliance. In
  108  cases of such noncompliance, notwithstanding subparagraph 3.,
  109  the portion of revenues collected and otherwise retained by the
  110  county or municipality may not be retained but shall be remitted
  111  to the Department of Revenue. The Department of Revenue shall
  112  maintain records of such remissions reflecting the total amount
  113  of revenues received from each noncompliant county or
  114  municipality. On notice from the department that the county or
  115  municipality has established compliance, the Department of
  116  Revenue shall return those revenues to the affected county or
  117  municipality.
  118         5.4. An individual may not receive a commission from any
  119  revenue collected from violations detected through the use of a
  120  traffic infraction detector. A manufacturer or vendor may not
  121  receive a fee or remuneration based upon the number of
  122  violations detected through the use of a traffic infraction
  123  detector.
  124         (4)(a) Each county or municipality that operates a traffic
  125  infraction detector shall submit a report by October 1, 2012,
  126  and annually thereafter, to the department no later than
  127  September 30 of each year which details the results of using the
  128  traffic infraction detector and the procedures for enforcement
  129  for the preceding state fiscal year. The information submitted
  130  by the counties and municipalities must include statistical data
  131  and information required by the department to complete the
  132  report required under paragraph (b), and must include all of the
  133  following:.
  134         1. The name of the jurisdiction and contact information for
  135  the person responsible for the administration of the traffic
  136  infraction detector program.
  137         2. The location of each camera, including both geospatial
  138  and cross-road descriptions of the location of each device.
  139         3. The date that each red light camera became operational,
  140  and the dates of camera operation during the fiscal year,
  141  including any status changes of the camera’s use during the
  142  reporting period.
  143         4. Data related to the issuance and disposition of notices
  144  of violation and subsequent uniform traffic citations issued
  145  during the reporting period.
  146         5. Vehicle crash data, including fatalities and injuries,
  147  for crashes that occurred within a 250-foot radius of the
  148  geospatial coordinates for each traffic infraction detector
  149  during the 12-month period immediately preceding the initial
  150  date of camera operation. Data submitted as required under this
  151  subsection should be able to be validated against department
  152  data.
  153         6. Identification of any and all alternative safety
  154  measures, including increasing the interval between the yellow
  155  change light and the red clearance light, increasing the
  156  visibility of traffic lights, and installing advance dilemma
  157  zone detection systems, which the jurisdiction considered or
  158  implemented during the reporting period in lieu of or in
  159  addition to the use of a traffic infraction detector. The
  160  jurisdiction shall include the date of implementation of any
  161  such measures to assist the department in the analysis of crash
  162  data at a specified location.
  163         Section 8. Subsection (9) of section 316.0745, Florida
  164  Statutes, is created to read:
  165         316.0745 Uniform signals and devices.—
  166         (9)  The Department of Transportation is authorized to
  167  inspect, at random, any traffic control device or any traffic
  168  infraction detector at any intersection with a traffic
  169  infraction detector for the purpose of verifying that such
  170  device and detector conform to the specifications and
  171  requirements of this section.
  172         Section 9. Subsection (1) of section 316.0776, Florida
  173  Statutes, is amended to read:
  174         316.0776 Traffic infraction detectors; placement and
  175  installation.—
  176         (1) Traffic infraction detectors are allowed on state roads
  177  when permitted by the Department of Transportation and under
  178  placement and installation specifications developed by the
  179  Department of Transportation. Traffic infraction detectors are
  180  allowed on streets and highways under the jurisdiction of
  181  counties or municipalities in accordance with placement and
  182  installation specifications developed by the Department of
  183  Transportation. A notice of violation or uniform traffic
  184  citation may not be issued through the use of a traffic
  185  infraction detector that is not in compliance with all
  186  specifications. Additionally, before installation of any traffic
  187  infraction detector, the county or municipality shall document
  188  and make available upon the request of the Department of
  189  Transportation consideration and reasons for rejection of other
  190  engineering countermeasures set forth in the most recent
  191  publication addressing countermeasures by the Institute of
  192  Transportation Engineers that are intended to reduce violations
  193  of ss. 316.074(1) and 316.075(1)(c)1.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete line 29
  198  and insert:
  199         defining and redefining terms; amending s. 316.0083,
  200         F.S.; relating to traffic infraction detectors;
  201         requiring funds retained by a municipality or county
  202         for traffic infraction detector violations to be used
  203         only for certain purposes; requiring the Department of
  204         Highway Safety & Motor Vehicles to provide notice of
  205         failure to comply with certain reporting requirements;
  206         providing a period within which to become compliant
  207         with such reporting requirements; requiring a
  208         municipality or county to remit certain revenues to
  209         the Department of Revenue; requiring the Department of
  210         Revenue to maintain records of such remissions;
  211         providing for the return of certain revenues to a
  212         municipality or county under certain circumstances;
  213         requiring the annual report detailing the results of
  214         using traffic infraction detectors and the procedures
  215         for enforcement to include specified information;
  216         amending s. 316.0745, F.S.; authorizing the Department
  217         of Transportation to randomly inspect any traffic
  218         control device or any traffic infraction detector at
  219         certain locations to verify compliance with certain
  220         specifications and requirements; amending s. 316.0776,
  221         F.S.; prohibiting issuance of a notice of violation or
  222         traffic citation through use of a traffic infraction
  223         detector that is not in compliance with all
  224         specifications; requiring a municipality or county to
  225         document and make available upon request of the
  226         Department of Transportation consideration and reasons
  227         for rejection of certain engineering countermeasures
  228         before installing any traffic infraction detector;
  229         amending s. 316.0895,