Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1464
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/28/2024 .
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The Committee on Fiscal Policy (Calatayud) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 41 - 120
4 and insert:
5 316.0077 Camera systems; contract procurement.—A contract
6 awarded by a governmental entity outside this state or by a
7 consortium or cooperative of governmental entities outside this
8 state may not be used to procure contracts with manufacturers or
9 vendors of school bus infraction detection systems, speed
10 detection systems, traffic infraction detectors, or any other
11 camera systems used for enforcing this chapter. This section
12 applies to contracts entered into on or after July 1, 2025.
13 Section 2. Section 316.0078, Florida Statutes, is created
14 to read:
15 316.0078 Prohibition on contracting for camera systems of
16 vendors of foreign countries of concern.—
17 (1) As used in this section, the terms “controlling
18 interest” and “foreign country of concern” have the same
19 meanings as in s. 287.138(1).
20 (2) On or after July 1, 2025, a governmental entity may not
21 knowingly enter into or renew a contract with a contracting
22 vendor of a school bus infraction detection system, speed
23 detection system, traffic infraction detector, or any other
24 camera system used for enforcing this chapter which is subject
25 to s. 316.0076 if:
26 (a) The contracting vendor is owned by the government of a
27 foreign country of concern; or
28 (b) The government of a foreign country of concern has a
29 controlling interest in the contracting vendor.
30 Section 3. Subsection (4) of section 316.0083, Florida
31 Statutes, is amended to read:
32 316.0083 Mark Wandall Traffic Safety Program;
33 administration; report.—
34 (4)(a)1. A county or municipality that desires to have one
35 or more traffic infraction detectors placed or installed on or
36 after July 1, 2025, in an area where no traffic infraction
37 detectors are currently placed or installed must enact an
38 ordinance in order to authorize the placement or installation
39 of, or to authorize contracting with a vendor for the placement
40 or installation of, one or more traffic infraction detectors to
41 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the
42 public hearing on such proposed ordinance, the county or
43 municipality must consider traffic data or other evidence
44 supporting the installation and operation of each traffic
45 infraction detector, and the county or municipality must
46 determine whether the intersection at which a traffic infraction
47 detector is to be placed or installed constitutes a heightened
48 safety risk that warrants additional enforcement measures.
49 2. A county or municipality that operates one or more
50 traffic infraction detectors shall annually report the results
51 of all traffic infraction detectors within the county’s or
52 municipality’s jurisdiction by placing the annual report to the
53 department required under paragraph (b) as a single reporting
54 item on the agenda of a regular or special meeting of the
55 county’s or municipality’s governing body. Before a county or
56 municipality contracts or renews a contract to place or install
57 one or more traffic infraction detectors, the county or
58 municipality must approve the contract or contract renewal at a
59 regular or special meeting of the county’s or municipality’s
60 governing body.
61 a. Interested members of the public must be allowed to
62 comment regarding the report, contract, or contract renewal
63 under the county’s or municipality’s public comment policies or
64 formats, and the report, contract, or contract renewal may not
65 be considered as part of a consent agenda.
66 b. The report required under this subparagraph must include
67 a written summary, which must be read aloud at the regular or
68 special meeting, and the summary must contain, for the same time
69 period pertaining to the annual report to the department
70 required under paragraph (b), the number of notices of violation
71 issued, the number that were contested, the number that were
72 upheld, the number that were dismissed, the number that were
73 issued as uniform traffic citations, and the number that were
74 paid and how collected funds were distributed and in what
75 amounts. The county or municipality shall report to the
76 department that the county’s or municipality’s annual report was
77 considered in accordance with this subparagraph, including the
78 date of the regular or special meeting at which the annual
79 report was considered.
80 3. The compliance or sufficiency of compliance with this
81 paragraph may not be raised in a proceeding challenging a
82 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a
83 traffic infraction detector.
84 4. A county or municipality that does not comply with this
85 paragraph is suspended from operating traffic infraction
86 detectors under this subsection until such noncompliance is
87 corrected.
88 (b)(a) Each county or municipality that operates a traffic
89 infraction detector shall submit a report by October 1, 2012,
90 and annually thereafter, to the department which details the
91 results of using the traffic infraction detector and the
92 procedures for enforcement for the preceding state fiscal year.
93 The information submitted by the counties and municipalities
94 must include:
95 1. The number of notices of violation issued, the number
96 that were contested, the number that were upheld, the number
97 that were dismissed, the number that were issued as uniform
98 traffic citations, the number that were paid, and the number in
99 each of the preceding categories for which the notice of
100 violation was issued for a right-hand turn violation.
101 2. A description of alternative safety countermeasures
102 taken before and after the placement or installation of a
103 traffic infraction detector.
104 3. Statistical data and information required by the
105 department to complete the summary report required under
106 paragraph (c) (b).
107
108 The department must publish each report submitted by a county or
109 municipality pursuant to this paragraph on its website.
110
111 ================= T I T L E A M E N D M E N T ================
112 And the title is amended as follows:
113 Delete lines 3 - 33
114 and insert:
115 316.0077, F.S.; prohibiting contracts awarded by
116 certain entities outside this state from being used to
117 procure contracts with manufacturers or vendors of
118 camera systems used for traffic enforcement; providing
119 applicability; creating s. 316.0078, F.S.; defining
120 the terms “controlling interest” and “foreign country
121 of concern”; prohibiting a governmental entity from
122 knowingly entering into or renewing certain contracts
123 for camera systems used for traffic enforcement;
124 amending s. 316.0083, F.S.; requiring certain counties
125 or municipalities to enact an ordinance to authorize
126 placement or installation of traffic infraction
127 detectors; requiring the county or municipality to
128 consider certain evidence and make a certain
129 determination at a public hearing on such ordinance;
130 requiring a county or municipality to annually report
131 to the department the results of all traffic
132 infraction detectors and place a specified annual
133 report on the agenda of a regular or special meeting
134 of its governing body; requiring approval by the
135 governing body at a regular or special meeting before
136 contracting or renewing a contract to place or install
137 traffic infraction detectors; providing for public
138 comment; prohibiting such report, contract, or
139 contract renewal from being considered as part of a
140 consent agenda; providing requirements for a written
141 summary of such report; prohibiting compliance with
142 certain provisions from being raised in a proceeding
143 challenging a violation; providing for suspension of a
144 noncompliant county or municipality from operating
145 traffic infraction detectors until such noncompliance
146 is corrected; providing requirements for reports
147 submitted to the department by counties and
148 municipalities regarding use of and enforcement by
149 traffic infraction detectors; requiring the department