Florida Senate - 2016                                     SB 168
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00203-16                                            2016168__
    1                        A bill to be entitled                      
    2         An act relating to traffic infraction detectors;
    3         repealing s. 316.003(87) and (91), F.S., relating to
    4         the definitions of “traffic infraction detector” and
    5         “local hearing officer”; repealing ss. 316.008(8),
    6         316.0083, and 316.00831, F.S., relating to the
    7         installation and use of traffic infraction detectors
    8         to enforce specified provisions when a driver fails to
    9         stop at a traffic signal, provisions that authorize
   10         the Department of Highway Safety and Motor Vehicles, a
   11         county, or a municipality to use such detectors, and
   12         the distribution of penalties collected for specified
   13         violations; repealing s. 316.07456, F.S., relating to
   14         transitional implementation of such detectors;
   15         repealing s. 316.0776, F.S., relating to placement and
   16         installation of traffic infraction detectors;
   17         repealing s. 318.15(3), F.S., relating to failure to
   18         comply with a civil penalty; repealing s. 321.50,
   19         F.S., relating to the authorization to use traffic
   20         infraction detectors; amending ss. 28.37, 316.640,
   21         316.650, 318.121, 318.14, 318.18, 320.03, and 322.27,
   22         F.S., relating to distribution of proceeds,
   23         enforcement by traffic infraction enforcement officers
   24         using such detectors, procedures for disposition of
   25         citations, preemption of additional fees or
   26         surcharges, compliance, amount of penalties,
   27         registration and renewal of license plates, and points
   28         assessed for certain violations, to conform provisions
   29         to changes made by the act; providing an effective
   30         date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (87) and (91) of section 316.003,
   35  Florida Statutes, are repealed.
   36         Section 2. Subsection (8) of section 316.008, Florida
   37  Statutes, is repealed.
   38         Section 3. Section 316.0083, Florida Statutes, is repealed.
   39         Section 4. Section 316.00831, Florida Statutes, is
   40  repealed.
   41         Section 5. Section 316.07456, Florida Statutes, is
   42  repealed.
   43         Section 6. Section 316.0776, Florida Statutes, is repealed.
   44         Section 7. Subsection (3) of section 318.15, Florida
   45  Statutes, is repealed.
   46         Section 8. Section 321.50, Florida Statutes, is repealed.
   47         Section 9. Subsection (5) of section 28.37, Florida
   48  Statutes, is amended to read:
   49         28.37 Fines, fees, service charges, and costs remitted to
   50  the state.—
   51         (5) Ten percent of all court-related fines collected by the
   52  clerk, except for penalties or fines distributed to counties or
   53  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
   54  shall be deposited into the clerk’s Public Records Modernization
   55  Trust Fund to be used exclusively for additional clerk court
   56  related operational needs and program enhancements.
   57         Section 10. Paragraph (b) of subsection (1) and paragraph
   58  (a) of subsection (5) of section 316.640, Florida Statutes, are
   59  amended to read:
   60         316.640 Enforcement.—The enforcement of the traffic laws of
   61  this state is vested as follows:
   62         (1) STATE.—
   63         (b)1. The Department of Transportation has authority to
   64  enforce on all the streets and highways of this state all laws
   65  applicable within its authority.
   66         2.a. The Department of Transportation shall develop
   67  training and qualifications standards for toll enforcement
   68  officers whose sole authority is to enforce the payment of tolls
   69  pursuant to s. 316.1001. Nothing in this subparagraph shall be
   70  construed to permit the carrying of firearms or other weapons,
   71  nor shall a toll enforcement officer have arrest authority.
   72         b. For the purpose of enforcing s. 316.1001, governmental
   73  entities, as defined in s. 334.03, which own or operate a toll
   74  facility may employ independent contractors or designate
   75  employees as toll enforcement officers; however, any such toll
   76  enforcement officer must successfully meet the training and
   77  qualifications standards for toll enforcement officers
   78  established by the Department of Transportation.
   79         3. For the purpose of enforcing s. 316.0083, the department
   80  may designate employees as traffic infraction enforcement
   81  officers. A traffic infraction enforcement officer must
   82  successfully complete instruction in traffic enforcement
   83  procedures and court presentation through the Selective Traffic
   84  Enforcement Program as approved by the Division of Criminal
   85  Justice Standards and Training of the Department of Law
   86  Enforcement, or through a similar program, but may not
   87  necessarily otherwise meet the uniform minimum standards
   88  established by the Criminal Justice Standards and Training
   89  Commission for law enforcement officers or auxiliary law
   90  enforcement officers under s. 943.13. This subparagraph does not
   91  authorize the carrying of firearms or other weapons by a traffic
   92  infraction enforcement officer and does not authorize a traffic
   93  infraction enforcement officer to make arrests. The department’s
   94  traffic infraction enforcement officers must be physically
   95  located in the state.
   96         (5)(a) Any sheriff’s department or police department of a
   97  municipality may employ, as a traffic infraction enforcement
   98  officer, any individual who successfully completes instruction
   99  in traffic enforcement procedures and court presentation through
  100  the Selective Traffic Enforcement Program as approved by the
  101  Division of Criminal Justice Standards and Training of the
  102  Department of Law Enforcement, or through a similar program, but
  103  who does not necessarily otherwise meet the uniform minimum
  104  standards established by the Criminal Justice Standards and
  105  Training Commission for law enforcement officers or auxiliary
  106  law enforcement officers under s. 943.13. Any such traffic
  107  infraction enforcement officer who observes the commission of a
  108  traffic infraction or, in the case of a parking infraction, who
  109  observes an illegally parked vehicle may issue a traffic
  110  citation for the infraction when, based upon personal
  111  investigation, he or she has reasonable and probable grounds to
  112  believe that an offense has been committed which constitutes a
  113  noncriminal traffic infraction as defined in s. 318.14. In
  114  addition, any such traffic infraction enforcement officer may
  115  issue a traffic citation under s. 316.0083. For purposes of
  116  enforcing s. 316.0083, any sheriff’s department or police
  117  department of a municipality may designate employees as traffic
  118  infraction enforcement officers. The traffic infraction
  119  enforcement officers must be physically located in the county of
  120  the respective sheriff’s or police department.
  121         Section 11. Paragraphs (a) and (c) of subsection (3) of
  122  section 316.650, Florida Statutes, are amended to read:
  123         316.650 Traffic citations.—
  124         (3)(a) Except for a traffic citation issued pursuant to s.
  125  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  126  issuing a traffic citation to an alleged violator of any
  127  provision of the motor vehicle laws of this state or of any
  128  traffic ordinance of any municipality or town, shall deposit the
  129  original traffic citation or, in the case of a traffic
  130  enforcement agency that has an automated citation issuance
  131  system, the chief administrative officer shall provide by an
  132  electronic transmission a replica of the citation data to a
  133  court having jurisdiction over the alleged offense or with its
  134  traffic violations bureau within 5 days after issuance to the
  135  violator.
  136         (c) If a traffic citation is issued under s. 316.0083, the
  137  traffic infraction enforcement officer shall provide by
  138  electronic transmission a replica of the traffic citation data
  139  to the court having jurisdiction over the alleged offense or its
  140  traffic violations bureau within 5 days after the date of
  141  issuance of the traffic citation to the violator. If a hearing
  142  is requested, the traffic infraction enforcement officer shall
  143  provide a replica of the traffic notice of violation data to the
  144  clerk for the local hearing officer having jurisdiction over the
  145  alleged offense within 14 days.
  146         Section 12. Section 318.121, Florida Statutes, is amended
  147  to read:
  148         318.121 Preemption of additional fees, fines, surcharges,
  149  and costs.—Notwithstanding any general or special law, or
  150  municipal or county ordinance, additional fees, fines,
  151  surcharges, or costs other than the court costs and surcharges
  152  assessed under s. 318.18(11), (13), (18), and (19), and (22) may
  153  not be added to the civil traffic penalties assessed under this
  154  chapter.
  155         Section 13. Subsection (2) of section 318.14, Florida
  156  Statutes, is amended to read:
  157         318.14 Noncriminal traffic infractions; exception;
  158  procedures.—
  159         (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
  160  and 316.0083, any person cited for a violation requiring a
  161  mandatory hearing listed in s. 318.19 or any other criminal
  162  traffic violation listed in chapter 316 must sign and accept a
  163  citation indicating a promise to appear. The officer may
  164  indicate on the traffic citation the time and location of the
  165  scheduled hearing and must indicate the applicable civil penalty
  166  established in s. 318.18. For all other infractions under this
  167  section, except for infractions under s. 316.1001, the officer
  168  must certify by electronic, electronic facsimile, or written
  169  signature that the citation was delivered to the person cited.
  170  This certification is prima facie evidence that the person cited
  171  was served with the citation.
  172         Section 14. Subsections (15) and (22) of section 318.18,
  173  Florida Statutes, are amended to read:
  174         318.18 Amount of penalties.—The penalties required for a
  175  noncriminal disposition pursuant to s. 318.14 or a criminal
  176  offense listed in s. 318.17 are as follows:
  177         (15)(a)1. One hundred and fifty-eight dollars for a
  178  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  179  has failed to stop at a traffic signal and when enforced by a
  180  law enforcement officer. Sixty dollars shall be distributed as
  181  provided in s. 318.21, $30 shall be distributed to the General
  182  Revenue Fund, $3 shall be remitted to the Department of Revenue
  183  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  184  and the remaining $65 shall be remitted to the Department of
  185  Revenue for deposit into the Emergency Medical Services Trust
  186  Fund of the Department of Health.
  187         2. One hundred and fifty-eight dollars for a violation of
  188  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  189  stop at a traffic signal and when enforced by the department’s
  190  traffic infraction enforcement officer. One hundred dollars
  191  shall be remitted to the Department of Revenue for deposit into
  192  the General Revenue Fund, $45 shall be distributed to the county
  193  for any violations occurring in any unincorporated areas of the
  194  county or to the municipality for any violations occurring in
  195  the incorporated boundaries of the municipality in which the
  196  infraction occurred, $10 shall be remitted to the Department of
  197  Revenue for deposit into the Department of Health Emergency
  198  Medical Services Trust Fund for distribution as provided in s.
  199  395.4036(1), and $3 shall be remitted to the Department of
  200  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  201  Fund.
  202         3. One hundred and fifty-eight dollars for a violation of
  203  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  204  stop at a traffic signal and when enforced by a county’s or
  205  municipality’s traffic infraction enforcement officer. Seventy
  206  five dollars shall be distributed to the county or municipality
  207  issuing the traffic citation, $70 shall be remitted to the
  208  Department of Revenue for deposit into the General Revenue Fund,
  209  $10 shall be remitted to the Department of Revenue for deposit
  210  into the Department of Health Emergency Medical Services Trust
  211  Fund for distribution as provided in s. 395.4036(1), and $3
  212  shall be remitted to the Department of Revenue for deposit into
  213  the Brain and Spinal Cord Injury Trust Fund.
  214         (b) Amounts deposited into the Brain and Spinal Cord Injury
  215  Trust Fund pursuant to this subsection shall be distributed
  216  quarterly to the Miami Project to Cure Paralysis and shall be
  217  used for brain and spinal cord research.
  218         (c) If a person who is mailed a notice of violation or
  219  cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
  220  enforced by a traffic infraction enforcement officer under s.
  221  316.0083, presents documentation from the appropriate
  222  governmental entity that the notice of violation or traffic
  223  citation was in error, the clerk of court or clerk to the local
  224  hearing officer may dismiss the case. The clerk of court or
  225  clerk to the local hearing officer may not charge for this
  226  service.
  227         (d) An individual may not receive a commission or per
  228  ticket fee from any revenue collected from violations detected
  229  through the use of a traffic infraction detector. A manufacturer
  230  or vendor may not receive a fee or remuneration based upon the
  231  number of violations detected through the use of a traffic
  232  infraction detector.
  233         (e) Funds deposited into the Department of Health Emergency
  234  Medical Services Trust Fund under this subsection shall be
  235  distributed as provided in s. 395.4036(1).
  236         (22) In addition to the penalty prescribed under s.
  237  316.0083 for violations enforced under s. 316.0083 which are
  238  upheld, the local hearing officer may also order the payment of
  239  county or municipal costs, not to exceed $250.
  240         Section 15. Subsection (8) of section 320.03, Florida
  241  Statutes, is amended to read:
  242         320.03 Registration; duties of tax collectors;
  243  International Registration Plan.—
  244         (8) If the applicant’s name appears on the list referred to
  245  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  246  713.78(13), a license plate or revalidation sticker may not be
  247  issued until that person’s name no longer appears on the list or
  248  until the person presents a receipt from the governmental entity
  249  or the clerk of court that provided the data showing that the
  250  fines outstanding have been paid. This subsection does not apply
  251  to the owner of a leased vehicle if the vehicle is registered in
  252  the name of the lessee of the vehicle. The tax collector and the
  253  clerk of the court are each entitled to receive monthly, as
  254  costs for implementing and administering this subsection, 10
  255  percent of the civil penalties and fines recovered from such
  256  persons. As used in this subsection, the term “civil penalties
  257  and fines” does not include a wrecker operator’s lien as
  258  described in s. 713.78(13). If the tax collector has private tag
  259  agents, such tag agents are entitled to receive a pro rata share
  260  of the amount paid to the tax collector, based upon the
  261  percentage of license plates and revalidation stickers issued by
  262  the tag agent compared to the total issued within the county.
  263  The authority of any private agent to issue license plates shall
  264  be revoked, after notice and a hearing as provided in chapter
  265  120, if he or she issues any license plate or revalidation
  266  sticker contrary to the provisions of this subsection. This
  267  section applies only to the annual renewal in the owner’s birth
  268  month of a motor vehicle registration and does not apply to the
  269  transfer of a registration of a motor vehicle sold by a motor
  270  vehicle dealer licensed under this chapter, except for the
  271  transfer of registrations which includes the annual renewals.
  272  This section does not affect the issuance of the title to a
  273  motor vehicle, notwithstanding s. 319.23(8)(b).
  274         Section 16. Paragraph (d) of subsection (3) of section
  275  322.27, Florida Statutes, is amended to read:
  276         322.27 Authority of department to suspend or revoke driver
  277  license or identification card.—
  278         (3) There is established a point system for evaluation of
  279  convictions of violations of motor vehicle laws or ordinances,
  280  and violations of applicable provisions of s. 403.413(6)(b) when
  281  such violations involve the use of motor vehicles, for the
  282  determination of the continuing qualification of any person to
  283  operate a motor vehicle. The department is authorized to suspend
  284  the license of any person upon showing of its records or other
  285  good and sufficient evidence that the licensee has been
  286  convicted of violation of motor vehicle laws or ordinances, or
  287  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  288  more points as determined by the point system. The suspension
  289  shall be for a period of not more than 1 year.
  290         (d) The point system shall have as its basic element a
  291  graduated scale of points assigning relative values to
  292  convictions of the following violations:
  293         1. Reckless driving, willful and wanton—4 points.
  294         2. Leaving the scene of a crash resulting in property
  295  damage of more than $50—6 points.
  296         3. Unlawful speed, or unlawful use of a wireless
  297  communications device, resulting in a crash—6 points.
  298         4. Passing a stopped school bus—4 points.
  299         5. Unlawful speed:
  300         a. Not in excess of 15 miles per hour of lawful or posted
  301  speed—3 points.
  302         b. In excess of 15 miles per hour of lawful or posted
  303  speed—4 points.
  304         6. A violation of a traffic control signal device as
  305  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  306  However, no points shall be imposed for a violation of s.
  307  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  308  stop at a traffic signal and when enforced by a traffic
  309  infraction enforcement officer. In addition, a violation of s.
  310  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  311  stop at a traffic signal and when enforced by a traffic
  312  infraction enforcement officer may not be used for purposes of
  313  setting motor vehicle insurance rates.
  314         7. All other moving violations (including parking on a
  315  highway outside the limits of a municipality)—3 points. However,
  316  no points shall be imposed for a violation of s. 316.0741 or s.
  317  316.2065(11); and points shall be imposed for a violation of s.
  318  316.1001 only when imposed by the court after a hearing pursuant
  319  to s. 318.14(5).
  320         8. Any moving violation covered in this paragraph,
  321  excluding unlawful speed and unlawful use of a wireless
  322  communications device, resulting in a crash—4 points.
  323         9. Any conviction under s. 403.413(6)(b)—3 points.
  324         10. Any conviction under s. 316.0775(2)—4 points.
  325         11. A moving violation covered in this paragraph which is
  326  committed in conjunction with the unlawful use of a wireless
  327  communications device within a school safety zone—2 points, in
  328  addition to the points assigned for the moving violation.
  329         Section 17. This act shall take effect upon becoming a law.