Florida Senate - 2018 SB 176
By Senator Hutson
7-00072-18 2018176__
1 A bill to be entitled
2 An act relating to traffic infraction detectors;
3 repealing s. 316.003(35) and (89), F.S., relating to
4 the definitions of “local hearing officer” and
5 “traffic infraction detector”; repealing ss.
6 316.008(8), 316.0083, and 316.00831, F.S., relating to
7 the installation and use of traffic infraction
8 detectors to enforce specified provisions when a
9 driver fails to stop at a traffic signal, provisions
10 that authorize the Department of Highway Safety and
11 Motor Vehicles, a county, or a municipality to use
12 such detectors, and the distribution of penalties
13 collected for specified violations; repealing s.
14 316.07456, F.S., relating to transitional
15 implementation of such detectors; repealing s.
16 316.0776, F.S., relating to placement and installation
17 of traffic infraction detectors; repealing s.
18 318.15(3), F.S., relating to a required notification;
19 repealing s. 321.50, F.S., relating to the
20 authorization to use traffic infraction detectors;
21 amending ss. 28.37, 316.003, 316.640, 316.650,
22 318.121, 318.14, 318.18, 320.03, 322.27, and 655.960,
23 F.S.; conforming provisions to changes made by the
24 act; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsections (35) and (89) of section 316.003,
29 Florida Statutes, are repealed.
30 Section 2. Subsection (8) of section 316.008, Florida
31 Statutes, is repealed.
32 Section 3. Section 316.0083, Florida Statutes, is repealed.
33 Section 4. Section 316.00831, Florida Statutes, is
34 repealed.
35 Section 5. Section 316.07456, Florida Statutes, is
36 repealed.
37 Section 6. Section 316.0776, Florida Statutes, is repealed.
38 Section 7. Subsection (3) of section 318.15, Florida
39 Statutes, is repealed.
40 Section 8. Section 321.50, Florida Statutes, is repealed.
41 Section 9. Subsection (5) of section 28.37, Florida
42 Statutes, is amended to read:
43 28.37 Fines, fees, service charges, and costs remitted to
44 the state.—
45 (5) Ten percent of all court-related fines collected by the
46 clerk, except for penalties or fines distributed to counties or
47 municipalities under s. 318.18(15) s. 316.0083(1)(b)3. or s.
48 318.18(15)(a), shall be deposited into the fine and forfeiture
49 fund to be used exclusively for clerk court-related functions,
50 as provided in s. 28.35(3)(a).
51 Section 10. Subsection (57) of section 316.003, Florida
52 Statutes, is amended to read:
53 316.003 Definitions.—The following words and phrases, when
54 used in this chapter, shall have the meanings respectively
55 ascribed to them in this section, except where the context
56 otherwise requires:
57 (56)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
58 provided in paragraph (78)(b) (79)(b), any privately owned way
59 or place used for vehicular travel by the owner and those having
60 express or implied permission from the owner, but not by other
61 persons.
62 Section 11. Paragraph (b) of subsection (1) and paragraph
63 (a) of subsection (5) of section 316.640, Florida Statutes, are
64 amended to read:
65 316.640 Enforcement.—The enforcement of the traffic laws of
66 this state is vested as follows:
67 (1) STATE.—
68 (b)1. The Department of Transportation has authority to
69 enforce on all the streets and highways of this state all laws
70 applicable within its authority.
71 2.a. The Department of Transportation shall develop
72 training and qualifications standards for toll enforcement
73 officers whose sole authority is to enforce the payment of tolls
74 pursuant to s. 316.1001. Nothing in this subparagraph shall be
75 construed to permit the carrying of firearms or other weapons,
76 nor shall a toll enforcement officer have arrest authority.
77 b. For the purpose of enforcing s. 316.1001, governmental
78 entities, as defined in s. 334.03, which own or operate a toll
79 facility may employ independent contractors or designate
80 employees as toll enforcement officers; however, any such toll
81 enforcement officer must successfully meet the training and
82 qualifications standards for toll enforcement officers
83 established by the Department of Transportation.
84 3. For the purpose of enforcing s. 316.0083, the department
85 may designate employees as traffic infraction enforcement
86 officers. A traffic infraction enforcement officer must
87 successfully complete instruction in traffic enforcement
88 procedures and court presentation through the Selective Traffic
89 Enforcement Program as approved by the Division of Criminal
90 Justice Standards and Training of the Department of Law
91 Enforcement, or through a similar program, but may not
92 necessarily otherwise meet the uniform minimum standards
93 established by the Criminal Justice Standards and Training
94 Commission for law enforcement officers or auxiliary law
95 enforcement officers under s. 943.13. This subparagraph does not
96 authorize the carrying of firearms or other weapons by a traffic
97 infraction enforcement officer and does not authorize a traffic
98 infraction enforcement officer to make arrests. The department’s
99 traffic infraction enforcement officers must be physically
100 located in the state.
101 (5)(a) Any sheriff’s department or police department of a
102 municipality may employ, as a traffic infraction enforcement
103 officer, any individual who successfully completes instruction
104 in traffic enforcement procedures and court presentation through
105 the Selective Traffic Enforcement Program as approved by the
106 Division of Criminal Justice Standards and Training of the
107 Department of Law Enforcement, or through a similar program, but
108 who does not necessarily otherwise meet the uniform minimum
109 standards established by the Criminal Justice Standards and
110 Training Commission for law enforcement officers or auxiliary
111 law enforcement officers under s. 943.13. Any such traffic
112 infraction enforcement officer who observes the commission of a
113 traffic infraction or, in the case of a parking infraction, who
114 observes an illegally parked vehicle may issue a traffic
115 citation for the infraction when, based upon personal
116 investigation, he or she has reasonable and probable grounds to
117 believe that an offense has been committed which constitutes a
118 noncriminal traffic infraction as defined in s. 318.14. In
119 addition, any such traffic infraction enforcement officer may
120 issue a traffic citation under s. 316.0083. For purposes of
121 enforcing s. 316.0083, any sheriff’s department or police
122 department of a municipality may designate employees as traffic
123 infraction enforcement officers. The traffic infraction
124 enforcement officers must be physically located in the county of
125 the respective sheriff’s or police department.
126 Section 12. Paragraphs (a) and (c) of subsection (3) of
127 section 316.650, Florida Statutes, are amended to read:
128 316.650 Traffic citations.—
129 (3)(a) Except for a traffic citation issued pursuant to s.
130 316.1001 or s. 316.0083, each traffic enforcement officer, upon
131 issuing a traffic citation to an alleged violator of any
132 provision of the motor vehicle laws of this state or of any
133 traffic ordinance of any municipality or town, shall deposit the
134 original traffic citation or, in the case of a traffic
135 enforcement agency that has an automated citation issuance
136 system, the chief administrative officer shall provide by an
137 electronic transmission a replica of the citation data to a
138 court having jurisdiction over the alleged offense or with its
139 traffic violations bureau within 5 days after issuance to the
140 violator.
141 (c) If a traffic citation is issued under s. 316.0083, the
142 traffic infraction enforcement officer shall provide by
143 electronic transmission a replica of the traffic citation data
144 to the court having jurisdiction over the alleged offense or its
145 traffic violations bureau within 5 days after the date of
146 issuance of the traffic citation to the violator. If a hearing
147 is requested, the traffic infraction enforcement officer shall
148 provide a replica of the traffic notice of violation data to the
149 clerk for the local hearing officer having jurisdiction over the
150 alleged offense within 14 days.
151 Section 13. Section 318.121, Florida Statutes, is amended
152 to read:
153 318.121 Preemption of additional fees, fines, surcharges,
154 and costs.—Notwithstanding any general or special law, or
155 municipal or county ordinance, additional fees, fines,
156 surcharges, or costs other than the court costs and surcharges
157 assessed under s. 318.18(11), (13), (18), and (19), and (22) may
158 not be added to the civil traffic penalties assessed under this
159 chapter.
160 Section 14. Subsection (2) of section 318.14, Florida
161 Statutes, is amended to read:
162 318.14 Noncriminal traffic infractions; exception;
163 procedures.—
164 (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
165 and 316.0083, any person cited for a violation requiring a
166 mandatory hearing listed in s. 318.19 or any other criminal
167 traffic violation listed in chapter 316 must sign and accept a
168 citation indicating a promise to appear. The officer may
169 indicate on the traffic citation the time and location of the
170 scheduled hearing and must indicate the applicable civil penalty
171 established in s. 318.18. For all other infractions under this
172 section, except for infractions under s. 316.1001, the officer
173 must certify by electronic, electronic facsimile, or written
174 signature that the citation was delivered to the person cited.
175 This certification is prima facie evidence that the person cited
176 was served with the citation.
177 Section 15. Subsections (15) and (22) of section 318.18,
178 Florida Statutes, are amended to read:
179 318.18 Amount of penalties.—The penalties required for a
180 noncriminal disposition pursuant to s. 318.14 or a criminal
181 offense listed in s. 318.17 are as follows:
182 (15)(a)1. One hundred and fifty-eight dollars for a
183 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
184 has failed to stop at a traffic signal and when enforced by a
185 law enforcement officer. Sixty dollars shall be distributed as
186 provided in s. 318.21, $30 shall be distributed to the General
187 Revenue Fund, $3 shall be remitted to the Department of Revenue
188 for deposit into the Brain and Spinal Cord Injury Trust Fund for
189 quarterly distribution to the Miami Project to Cure Paralysis
190 for brain and spinal cord research, and the remaining $65 shall
191 be remitted to the Department of Revenue for deposit into the
192 Emergency Medical Services Trust Fund of the Department of
193 Health for distribution as provided in s. 395.4036(1).
194 2. One hundred and fifty-eight dollars for a violation of
195 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
196 stop at a traffic signal and when enforced by the department’s
197 traffic infraction enforcement officer. One hundred dollars
198 shall be remitted to the Department of Revenue for deposit into
199 the General Revenue Fund, $45 shall be distributed to the county
200 for any violations occurring in any unincorporated areas of the
201 county or to the municipality for any violations occurring in
202 the incorporated boundaries of the municipality in which the
203 infraction occurred, $10 shall be remitted to the Department of
204 Revenue for deposit into the Department of Health Emergency
205 Medical Services Trust Fund for distribution as provided in s.
206 395.4036(1), and $3 shall be remitted to the Department of
207 Revenue for deposit into the Brain and Spinal Cord Injury Trust
208 Fund.
209 3. One hundred and fifty-eight dollars for a violation of
210 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
211 stop at a traffic signal and when enforced by a county’s or
212 municipality’s traffic infraction enforcement officer. Seventy
213 five dollars shall be distributed to the county or municipality
214 issuing the traffic citation, $70 shall be remitted to the
215 Department of Revenue for deposit into the General Revenue Fund,
216 $10 shall be remitted to the Department of Revenue for deposit
217 into the Department of Health Emergency Medical Services Trust
218 Fund for distribution as provided in s. 395.4036(1), and $3
219 shall be remitted to the Department of Revenue for deposit into
220 the Brain and Spinal Cord Injury Trust Fund.
221 (b) Amounts deposited into the Brain and Spinal Cord Injury
222 Trust Fund pursuant to this subsection shall be distributed
223 quarterly to the Miami Project to Cure Paralysis and shall be
224 used for brain and spinal cord research.
225 (c) If a person who is mailed a notice of violation or
226 cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
227 enforced by a traffic infraction enforcement officer under s.
228 316.0083, presents documentation from the appropriate
229 governmental entity that the notice of violation or traffic
230 citation was in error, the clerk of court or clerk to the local
231 hearing officer may dismiss the case. The clerk of court or
232 clerk to the local hearing officer may not charge for this
233 service.
234 (d) An individual may not receive a commission or per
235 ticket fee from any revenue collected from violations detected
236 through the use of a traffic infraction detector. A manufacturer
237 or vendor may not receive a fee or remuneration based upon the
238 number of violations detected through the use of a traffic
239 infraction detector.
240 (e) Funds deposited into the Department of Health Emergency
241 Medical Services Trust Fund under this subsection shall be
242 distributed as provided in s. 395.4036(1).
243 (22) In addition to the penalty prescribed under s.
244 316.0083 for violations enforced under s. 316.0083 which are
245 upheld, the local hearing officer may also order the payment of
246 county or municipal costs, not to exceed $250.
247 Section 16. Subsection (8) of section 320.03, Florida
248 Statutes, is amended to read:
249 320.03 Registration; duties of tax collectors;
250 International Registration Plan.—
251 (8) If the applicant’s name appears on the list referred to
252 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
253 713.78(13), a license plate or revalidation sticker may not be
254 issued until that person’s name no longer appears on the list or
255 until the person presents a receipt from the governmental entity
256 or the clerk of court that provided the data showing that the
257 fines outstanding have been paid. This subsection does not apply
258 to the owner of a leased vehicle if the vehicle is registered in
259 the name of the lessee of the vehicle. The tax collector and the
260 clerk of the court are each entitled to receive monthly, as
261 costs for implementing and administering this subsection, 10
262 percent of the civil penalties and fines recovered from such
263 persons. As used in this subsection, the term “civil penalties
264 and fines” does not include a wrecker operator’s lien as
265 described in s. 713.78(13). If the tax collector has private tag
266 agents, such tag agents are entitled to receive a pro rata share
267 of the amount paid to the tax collector, based upon the
268 percentage of license plates and revalidation stickers issued by
269 the tag agent compared to the total issued within the county.
270 The authority of any private agent to issue license plates shall
271 be revoked, after notice and a hearing as provided in chapter
272 120, if he or she issues any license plate or revalidation
273 sticker contrary to the provisions of this subsection. This
274 section applies only to the annual renewal in the owner’s birth
275 month of a motor vehicle registration and does not apply to the
276 transfer of a registration of a motor vehicle sold by a motor
277 vehicle dealer licensed under this chapter, except for the
278 transfer of registrations which includes the annual renewals.
279 This section does not affect the issuance of the title to a
280 motor vehicle, notwithstanding s. 319.23(8)(b).
281 Section 17. Paragraph (d) of subsection (3) of section
282 322.27, Florida Statutes, is amended to read:
283 322.27 Authority of department to suspend or revoke driver
284 license or identification card.—
285 (3) There is established a point system for evaluation of
286 convictions of violations of motor vehicle laws or ordinances,
287 and violations of applicable provisions of s. 403.413(6)(b) when
288 such violations involve the use of motor vehicles, for the
289 determination of the continuing qualification of any person to
290 operate a motor vehicle. The department is authorized to suspend
291 the license of any person upon showing of its records or other
292 good and sufficient evidence that the licensee has been
293 convicted of violation of motor vehicle laws or ordinances, or
294 applicable provisions of s. 403.413(6)(b), amounting to 12 or
295 more points as determined by the point system. The suspension
296 shall be for a period of not more than 1 year.
297 (d) The point system shall have as its basic element a
298 graduated scale of points assigning relative values to
299 convictions of the following violations:
300 1. Reckless driving, willful and wanton—4 points.
301 2. Leaving the scene of a crash resulting in property
302 damage of more than $50—6 points.
303 3. Unlawful speed, or unlawful use of a wireless
304 communications device, resulting in a crash—6 points.
305 4. Passing a stopped school bus:
306 a. Not causing or resulting in serious bodily injury to or
307 death of another—4 points.
308 b. Causing or resulting in serious bodily injury to or
309 death of another—6 points.
310 5. Unlawful speed:
311 a. Not in excess of 15 miles per hour of lawful or posted
312 speed—3 points.
313 b. In excess of 15 miles per hour of lawful or posted
314 speed—4 points.
315 6. A violation of a traffic control signal device as
316 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
317 However, no points shall be imposed for a violation of s.
318 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
319 stop at a traffic signal and when enforced by a traffic
320 infraction enforcement officer. In addition, a violation of s.
321 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
322 stop at a traffic signal and when enforced by a traffic
323 infraction enforcement officer may not be used for purposes of
324 setting motor vehicle insurance rates.
325 7. All other moving violations (including parking on a
326 highway outside the limits of a municipality)—3 points. However,
327 no points shall be imposed for a violation of s. 316.0741 or s.
328 316.2065(11); and points shall be imposed for a violation of s.
329 316.1001 only when imposed by the court after a hearing pursuant
330 to s. 318.14(5).
331 8. Any moving violation covered in this paragraph,
332 excluding unlawful speed and unlawful use of a wireless
333 communications device, resulting in a crash—4 points.
334 9. Any conviction under s. 403.413(6)(b)—3 points.
335 10. Any conviction under s. 316.0775(2)—4 points.
336 11. A moving violation covered in this paragraph which is
337 committed in conjunction with the unlawful use of a wireless
338 communications device within a school safety zone—2 points, in
339 addition to the points assigned for the moving violation.
340 Section 18. Subsection (1) of section 655.960, Florida
341 Statutes, is amended to read:
342 655.960 Definitions; ss. 655.960-655.965.—As used in this
343 section and ss. 655.961-655.965, unless the context otherwise
344 requires:
345 (1) “Access area” means any paved walkway or sidewalk which
346 is within 50 feet of any automated teller machine. The term does
347 not include any street or highway open to the use of the public,
348 as defined in s. 316.003(78)(a) s. 316.003(79)(a) or (b),
349 including any adjacent sidewalk, as defined in s. 316.003.
350 Section 19. This act shall take effect July 1, 2020.