Florida Senate - 2018                                     SB 548
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-00704-18                                            2018548__
    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,” respectively; repealing
    6         ss. 316.008(8), 316.0083, and 316.00831, F.S.,
    7         relating to the installation and use of traffic
    8         infraction detectors to enforce specified provisions
    9         when a driver fails to stop at a traffic signal,
   10         provisions that authorize the Department of Highway
   11         Safety and Motor Vehicles, a county, or a municipality
   12         to use such detectors and that cap fines and provide
   13         for the deposit and use of fines, and the distribution
   14         of specified penalties, respectively; repealing s.
   15         316.07456, F.S., relating to transitional
   16         implementation of such detectors; repealing s.
   17         316.0776, F.S., relating to placement and installation
   18         of traffic infraction detectors; repealing s.
   19         318.15(3), F.S., relating to a required notification;
   20         repealing s. 321.50, F.S., relating to the
   21         authorization to use traffic infraction detectors;
   22         amending ss. 28.37, 316.003, 316.640, 316.650,
   23         318.121, 318.14, 318.18, 320.03, 322.27, and 655.960,
   24         F.S.; conforming provisions to changes made by the
   25         act; conforming cross-references; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsections (35) and (89) of section 316.003,
   31  Florida Statutes, are repealed.
   32         Section 2. Subsection (8) of section 316.008, Florida
   33  Statutes, is repealed.
   34         Section 3. Section 316.0083, Florida Statutes, is repealed.
   35         Section 4. Section 316.00831, Florida Statutes, is
   36  repealed.
   37         Section 5. Section 316.07456, Florida Statutes, is
   38  repealed.
   39         Section 6. Section 316.0776, Florida Statutes, is repealed.
   40         Section 7. Subsection (3) of section 318.15, Florida
   41  Statutes, is repealed.
   42         Section 8. Section 321.50, Florida Statutes, is repealed.
   43         Section 9. Subsection (5) of section 28.37, Florida
   44  Statutes, is amended to read:
   45         28.37 Fines, fees, service charges, and costs remitted to
   46  the state.—
   47         (5) Ten percent of all court-related fines collected by the
   48  clerk, except for penalties or fines distributed to counties or
   49  municipalities under s. 318.18(15) s. 316.0083(1)(b)3. or s.
   50  318.18(15)(a), shall be deposited into the fine and forfeiture
   51  fund to be used exclusively for clerk court-related functions,
   52  as provided in s. 28.35(3)(a).
   53         Section 10. Subsection (57) of section 316.003, Florida
   54  Statutes, is amended to read:
   55         316.003 Definitions.—The following words and phrases, when
   56  used in this chapter, shall have the meanings respectively
   57  ascribed to them in this section, except where the context
   58  otherwise requires:
   59         (56)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   60  provided in paragraph (78)(b) (79)(b), any privately owned way
   61  or place used for vehicular travel by the owner and those having
   62  express or implied permission from the owner, but not by other
   63  persons.
   64         Section 11. Paragraph (b) of subsection (1) and paragraph
   65  (a) of subsection (5) of section 316.640, Florida Statutes, are
   66  amended to read:
   67         316.640 Enforcement.—The enforcement of the traffic laws of
   68  this state is vested as follows:
   69         (1) STATE.—
   70         (b)1. The Department of Transportation has authority to
   71  enforce on all the streets and highways of this state all laws
   72  applicable within its authority.
   73         2.a. The Department of Transportation shall develop
   74  training and qualifications standards for toll enforcement
   75  officers whose sole authority is to enforce the payment of tolls
   76  pursuant to s. 316.1001. Nothing in this subparagraph shall be
   77  construed to permit the carrying of firearms or other weapons,
   78  nor shall a toll enforcement officer have arrest authority.
   79         b. For the purpose of enforcing s. 316.1001, governmental
   80  entities, as defined in s. 334.03, which own or operate a toll
   81  facility may employ independent contractors or designate
   82  employees as toll enforcement officers; however, any such toll
   83  enforcement officer must successfully meet the training and
   84  qualifications standards for toll enforcement officers
   85  established by the Department of Transportation.
   86         3. For the purpose of enforcing s. 316.0083, the department
   87  may designate employees as traffic infraction enforcement
   88  officers. A traffic infraction enforcement officer must
   89  successfully complete instruction in traffic enforcement
   90  procedures and court presentation through the Selective Traffic
   91  Enforcement Program as approved by the Division of Criminal
   92  Justice Standards and Training of the Department of Law
   93  Enforcement, or through a similar program, but may not
   94  necessarily otherwise meet the uniform minimum standards
   95  established by the Criminal Justice Standards and Training
   96  Commission for law enforcement officers or auxiliary law
   97  enforcement officers under s. 943.13. This subparagraph does not
   98  authorize the carrying of firearms or other weapons by a traffic
   99  infraction enforcement officer and does not authorize a traffic
  100  infraction enforcement officer to make arrests. The department’s
  101  traffic infraction enforcement officers must be physically
  102  located in the state.
  103         (5)(a) Any sheriff’s department or police department of a
  104  municipality may employ, as a traffic infraction enforcement
  105  officer, any individual who successfully completes instruction
  106  in traffic enforcement procedures and court presentation through
  107  the Selective Traffic Enforcement Program as approved by the
  108  Division of Criminal Justice Standards and Training of the
  109  Department of Law Enforcement, or through a similar program, but
  110  who does not necessarily otherwise meet the uniform minimum
  111  standards established by the Criminal Justice Standards and
  112  Training Commission for law enforcement officers or auxiliary
  113  law enforcement officers under s. 943.13. Any such traffic
  114  infraction enforcement officer who observes the commission of a
  115  traffic infraction or, in the case of a parking infraction, who
  116  observes an illegally parked vehicle may issue a traffic
  117  citation for the infraction when, based upon personal
  118  investigation, he or she has reasonable and probable grounds to
  119  believe that an offense has been committed which constitutes a
  120  noncriminal traffic infraction as defined in s. 318.14. In
  121  addition, any such traffic infraction enforcement officer may
  122  issue a traffic citation under s. 316.0083. For purposes of
  123  enforcing s. 316.0083, any sheriff’s department or police
  124  department of a municipality may designate employees as traffic
  125  infraction enforcement officers. The traffic infraction
  126  enforcement officers must be physically located in the county of
  127  the respective sheriff’s or police department.
  128         Section 12. Paragraphs (a) and (c) of subsection (3) of
  129  section 316.650, Florida Statutes, are amended to read:
  130         316.650 Traffic citations.—
  131         (3)(a) Except for a traffic citation issued pursuant to s.
  132  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  133  issuing a traffic citation to an alleged violator of any
  134  provision of the motor vehicle laws of this state or of any
  135  traffic ordinance of any municipality or town, shall deposit the
  136  original traffic citation or, in the case of a traffic
  137  enforcement agency that has an automated citation issuance
  138  system, the chief administrative officer shall provide by an
  139  electronic transmission a replica of the citation data to a
  140  court having jurisdiction over the alleged offense or with its
  141  traffic violations bureau within 5 days after issuance to the
  142  violator.
  143         (c) If a traffic citation is issued under s. 316.0083, the
  144  traffic infraction enforcement officer shall provide by
  145  electronic transmission a replica of the traffic citation data
  146  to the court having jurisdiction over the alleged offense or its
  147  traffic violations bureau within 5 days after the date of
  148  issuance of the traffic citation to the violator. If a hearing
  149  is requested, the traffic infraction enforcement officer shall
  150  provide a replica of the traffic notice of violation data to the
  151  clerk for the local hearing officer having jurisdiction over the
  152  alleged offense within 14 days.
  153         Section 13. Section 318.121, Florida Statutes, is amended
  154  to read:
  155         318.121 Preemption of additional fees, fines, surcharges,
  156  and costs.—Notwithstanding any general or special law, or
  157  municipal or county ordinance, additional fees, fines,
  158  surcharges, or costs other than the court costs and surcharges
  159  assessed under s. 318.18(11), (13), (18), and (19), and (22) may
  160  not be added to the civil traffic penalties assessed under this
  161  chapter.
  162         Section 14. Subsection (2) of section 318.14, Florida
  163  Statutes, is amended to read:
  164         318.14 Noncriminal traffic infractions; exception;
  165  procedures.—
  166         (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
  167  and 316.0083, any person cited for a violation requiring a
  168  mandatory hearing listed in s. 318.19 or any other criminal
  169  traffic violation listed in chapter 316 must sign and accept a
  170  citation indicating a promise to appear. The officer may
  171  indicate on the traffic citation the time and location of the
  172  scheduled hearing and must indicate the applicable civil penalty
  173  established in s. 318.18. For all other infractions under this
  174  section, except for infractions under s. 316.1001, the officer
  175  must certify by electronic, electronic facsimile, or written
  176  signature that the citation was delivered to the person cited.
  177  This certification is prima facie evidence that the person cited
  178  was served with the citation.
  179         Section 15. Subsections (15) and (22) of section 318.18,
  180  Florida Statutes, are amended to read:
  181         318.18 Amount of penalties.—The penalties required for a
  182  noncriminal disposition pursuant to s. 318.14 or a criminal
  183  offense listed in s. 318.17 are as follows:
  184         (15)(a)1. One hundred and fifty-eight dollars for a
  185  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  186  has failed to stop at a traffic signal and when enforced by a
  187  law enforcement officer. Sixty dollars shall be distributed as
  188  provided in s. 318.21, $30 shall be distributed to the General
  189  Revenue Fund, $3 shall be remitted to the Department of Revenue
  190  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  191  and the remaining $65 shall be remitted to the Department of
  192  Revenue for deposit into the Emergency Medical Services Trust
  193  Fund of the Department of Health.
  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) or (b) 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, 2021.