Senate Bill sb1234

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    Florida Senate - 2002                                  SB 1234

    By Senator Jones





    40-1445-02                                           See HB 21

  1                      A bill to be entitled

  2         An act relating to uniform traffic control;

  3         creating the "Red-Light Safety Act of 2002";

  4         amending s. 316.003, F.S.; defining the term

  5         "traffic infraction detector"; creating a pilot

  6         project in Broward, Leon, Palm Beach, and

  7         Pinellas Counties administered by the

  8         Department of Highway Safety and Motor

  9         Vehicles; authorizing the counties and

10         municipalities in the pilot project to enact

11         ordinances permitting the use of traffic

12         infraction detectors; providing an exception;

13         providing penalties for traffic-control signal

14         violations detected by traffic-infraction

15         detectors; providing procedures; amending s.

16         316.0745, F.S.; providing that

17         traffic-infraction detectors must meet certain

18         requirements; amending s. 320.03, F.S.;

19         conforming a cross-reference; prohibiting the

20         issuance of license plates or revalidation

21         stickers when fines are outstanding for

22         violations detected by traffic-infraction

23         detectors; providing for an annual report on

24         the use of traffic-infraction detectors by the

25         counties and municipalities in the pilot

26         project; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Short title.--This act may be cited as the

31  "Red-Light Safety Act of 2002."

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1         Section 2.  Subsection (82) is added to section

  2  316.003, Florida Statutes, to read:

  3         316.003  Definitions.--The following words and phrases,

  4  when used in this chapter, shall have the meanings

  5  respectively ascribed to them in this section, except where

  6  the context otherwise requires:

  7         (82)  TRAFFIC-INFRACTION DETECTOR.--A device that uses

  8  a vehicle sensor installed to work in conjunction with a

  9  traffic-control signal and a camera synchronized to

10  automatically record two or more sequenced photographs,

11  microphotographs, or electronic images that use wet film of

12  only the rear of a motor vehicle at the time the vehicle fails

13  to stop when facing a steady red traffic-control signal. Any

14  citation issued by the use of a traffic-infraction detector

15  must include a photograph showing both the license tag of the

16  offending vehicle and the traffic-control device being

17  violated in the same frame.

18         Section 3.  Pilot project on use of traffic-infraction

19  detectors in Broward, Leon, Palm Beach, and Pinellas Counties;

20  administration; report.--

21         (1)  There is created a pilot project on the operation

22  of traffic-infraction detectors. The pilot project shall be

23  administered by the Department of Highway Safety and Motor

24  Vehicles in Broward, Leon, Palm Beach, and Pinellas Counties.

25  The pilot project shall include the following provisions:

26         (a)  In order to use a traffic-infraction detector,

27  Broward, Leon, Palm Beach, and Pinellas Counties or a

28  municipality therein may enact an ordinance that provides for

29  the use of a traffic-infraction detector to enforce section

30  316.075(1)(c), Florida Statutes, which requires the driver of

31  a vehicle to stop the vehicle when facing a steady red

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1  traffic-control signal on the streets and highways under the

  2  jurisdiction of the county or municipality. A county or

  3  municipality within the pilot project that operates a

  4  traffic-infraction detector may, by ordinance, authorize a

  5  traffic-infraction officer to issue a ticket for violations of

  6  section 316.075(1)(c), Florida Statutes, and to enforce the

  7  payment of tickets for such violation. This paragraph does not

  8  authorize a traffic-infraction officer to carry a firearm or

  9  other weapon and does not authorize such an officer to make

10  arrests. The ordinance must require that a sign be posted to

11  provide motorists with notification that a traffic-infraction

12  detector is in use. Such signage must conform to the standards

13  and requirements adopted by the Department of Transportation

14  under section 316.0745, Florida Statutes. The ordinance must

15  also require that the county or municipality make a public

16  announcement and conduct a public-awareness campaign of the

17  proposed use of traffic-infraction detectors at least 30 days

18  before commencing the enforcement program. In addition, the

19  ordinance must establish a schedule of fines to be assessed

20  against the registered owner of a motor vehicle whose vehicle

21  fails to stop when facing a steady red traffic-control signal,

22  as determined through the use of a traffic-infraction

23  detector. However, any such fine imposed by ordinance may not

24  exceed $100. Any other provision of law to the contrary

25  notwithstanding, an additional surcharge, fee, or cost may not

26  be added to the civil penalty authorized by this subsection.

27         (b)  When responding to an emergency call, an emergency

28  vehicle is exempt from any ordinance enacted under this

29  subsection.

30         (c)  A county or municipality within the pilot project

31  may adopt an ordinance that provides for the use of a

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1  traffic-infraction detector in order to impose a fine on the

  2  registered owner of a motor vehicle for a violation of an

  3  ordinance enacted under section 316.008, Florida Statutes. The

  4  fine shall be imposed in the same manner and is subject to the

  5  same limitations as provided for parking violations under

  6  section 316.1967, Florida Statutes. Chapter 318, Florida

  7  Statutes, and section 322.27, Florida Statutes, do not apply

  8  to a violation of an ordinance enacted under section 316.008,

  9  Florida Statutes. Such a violation is not a conviction of the

10  operator, and may not be made part of the driving record of

11  the operator, and may not be used for purposes of setting

12  motor vehicle insurance rates. Points may not be assessed

13  based upon such a violation.

14         (d)  The procedures set forth in section 316.1967(2),

15  (3), (4), and (5), Florida Statutes, apply to a violation of

16  an ordinance enacted under section 316.008, Florida Statutes,

17  except that the ticket must contain the name and address of

18  the person alleged to be liable as the registered owner or

19  operator of the motor vehicle involved in the violation, the

20  registration number of the vehicle, the location where the

21  violation occurred, the date and time of the violation, and

22  information that identifies the device that recorded the

23  violation. The ticket must advise the registered owner of the

24  motor vehicle responsible for the violation of the amount of

25  the fine, the date by which the fine must be paid, and the

26  procedure for contesting the violation alleged in the ticket.

27  The ticket must contain a warning that failure to contest the

28  violation in the manner and time provided constitutes an

29  admission of liability and that a default may be entered

30  thereon. The violation shall be processed by the county or

31  municipality that has jurisdiction over the street or highway

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1  where the violation occurred or by any entity authorized by

  2  the county or municipality to prepare and mail the ticket.

  3         (e)  The registered owner of the motor vehicle involved

  4  in a violation is responsible and liable for payment of the

  5  fine assessed under this section, unless the owner can

  6  establish that the motor vehicle was, at the time of the

  7  violation, in the care, custody, or control of another person.

  8  In order to establish such facts, the registered owner must,

  9  within 20 days after receipt of notification of the alleged

10  violation, furnish to the county or municipality, as

11  appropriate, an affidavit that sets forth:

12         1.  The name, address, and, if known, the driver's

13  license number of the person who leased, rented, or otherwise

14  had care, custody, or control of the motor vehicle at the time

15  of the alleged violation; or

16         2.  That the vehicle was stolen, with a copy of the

17  police report attached indicating that the vehicle was stolen

18  at the time of the alleged violation.

19

20  Upon receipt of an affidavit, the person designated as having

21  had care, custody, or control of the motor vehicle at the time

22  of the violation may be issued a ticket. The affidavit is

23  admissible in a proceeding pursuant to this section for the

24  purpose of proving that the person identified in the affidavit

25  was in actual care, custody, or control of the motor vehicle.

26         (f)  A person may elect to contest the determination

27  that such person failed to stop when faced with a steady red

28  traffic-control signal as evidenced by a traffic-infraction

29  detector by electing to appear before any judge authorized by

30  law to preside over a court or hearing that adjudicates

31  traffic infractions. Any person who elects to appear before

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1  the court to present evidence is deemed to have waived the

  2  limitation of civil penalties imposed for the violation. The

  3  court, after hearing, shall determine whether the violation

  4  was committed and may impose a civil penalty not to exceed

  5  $100 plus court costs. The court may take appropriate measures

  6  to enforce collection of any penalty not paid within the time

  7  permitted by the court.

  8         (g)  A certificate sworn to or affirmed by a person

  9  authorized under section 316.008, Florida Statutes, who is

10  employed by or under contract with the county or municipality

11  where the violation occurred, or a facsimile thereof which is

12  based upon inspection of photographs or other recorded images

13  produced by a traffic-infraction detector, is prima facie

14  evidence of the facts contained in the certificate. A

15  photograph or other recorded image evidencing such a violation

16  must be available for inspection in any proceeding to

17  adjudicate liability for violation of an ordinance enacted

18  under section 316.008, Florida Statutes.

19         (h)  In any county or municipality in which tickets are

20  issued as provided in this section, the names of persons who

21  have one or more outstanding violations may be included on the

22  list authorized under section 316.1967(6), Florida Statutes.

23         (i)  The uniform traffic citation prepared by the

24  department under section 316.650, Florida Statutes, may not be

25  issued for any violation for which a ticket is issued as

26  provided in this section.

27         (2)  From the funds received from fines imposed under

28  section 316.008, Florida Statutes, each county or municipality

29  that operates a traffic-infraction detector under the pilot

30  project shall submit an annual report to the Department of

31  Highway Safety and Motor Vehicles, which report details the

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1  results of using the traffic-infraction detector and the

  2  procedures for enforcement. The Department of Highway Safety

  3  and Motor Vehicles shall provide a summary report to the

  4  President of the Senate, the Speaker of the House of

  5  Representatives, and the Governor regarding the use and

  6  operation of traffic-infraction detectors under section

  7  316.008, Florida Statutes. The summary report must include a

  8  review of the information submitted to the department by the

  9  counties and municipalities and must describe the enhancement

10  of the traffic safety and enforcement programs. The department

11  shall report its recommendations on or before December 1,

12  2002, to the President of the Senate, the Speaker of the House

13  of Representatives, and the Governor, including any necessary

14  recommended legislation in the event that the pilot project

15  would be beneficial for application statewide.

16         (3)  This section expires December 1, 2004.

17         Section 4.  Subsection (6) of section 316.0745, Florida

18  Statutes, is amended to read:

19         316.0745  Uniform signals and devices.--

20         (6)(a)  Any system of traffic control devices

21  controlled and operated from a remote location by electronic

22  computers or similar devices must shall meet all requirements

23  established for the uniform system, and, if where such a

24  system affects systems affect the movement of traffic on state

25  roads the design of the system must shall be reviewed and

26  approved by the Department of Transportation.

27         (b)  Any traffic-infraction detector deployed on the

28  streets and highways of the state must meet requirements

29  established by the Department of Transportation and must be

30  tested according to procedures and at regular intervals as

31  prescribed by the department.

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1         Section 5.  Subsection (8) of section 320.03, Florida

  2  Statutes, is amended to read:

  3         320.03  Registration; duties of tax collectors;

  4  International Registration Plan.--

  5         (8)  If the applicant's name appears on the list

  6  referred to in s. 316.1001(4), s. 316.1967(6), s. 316.1971(5),

  7  or s. 713.78(13), a license plate or revalidation sticker may

  8  not be issued until that person's name no longer appears on

  9  the list or until the person presents a receipt from the clerk

10  showing that the outstanding fines outstanding have been paid.

11  The tax collector and the clerk of the court are each entitled

12  to receive monthly, as costs for implementing and

13  administering this subsection, 10 percent of the civil

14  penalties and fines recovered from such persons. As used in

15  this subsection, the term "civil penalties and fines" does not

16  include a wrecker operator's lien as described in s.

17  713.78(13). If the tax collector has private tag agents, such

18  tag agents are entitled to receive a pro rata share of the

19  amount paid to the tax collector, based upon the percentage of

20  license plates and revalidation stickers issued by the tag

21  agent compared to the total issued within the county. The

22  authority of any private agent to issue license plates shall

23  be revoked, after notice and a hearing as provided in chapter

24  120, if he or she issues any license plate or revalidation

25  sticker contrary to the provisions of this subsection. This

26  section applies only to the annual renewal in the owner's

27  birth month of a motor vehicle registration and does not apply

28  to the transfer of a registration of a motor vehicle sold by a

29  motor vehicle dealer licensed under this chapter, except for

30  the transfer of registrations which is inclusive of the annual

31

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    Florida Senate - 2002                                  SB 1234
    40-1445-02                                           See HB 21




  1  renewals. This section does not affect the issuance of the

  2  title to a motor vehicle, notwithstanding s. 319.23(7)(b).

  3         Section 6.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                       LEGISLATIVE SUMMARY

  8
      Creates the "Red-Light Safety Act of 2002." Defines the
  9    term "traffic-infraction detector" to mean a device that
      uses a vehicle sensor installed to work in conjunction
10    with a traffic-control signal and a camera synchronized
      to automatically record two or more sequenced
11    photographs, microphotographs, or electronic images which
      use wet film of only the rear of a motor vehicle at the
12    time the vehicle fails to stop when facing a steady red
      traffic-control signal. Creates a pilot project in
13    Broward, Leon, Palm Beach, and Pinellas Counties
      administered by the Department of Highway Safety and
14    Motor Vehicles which enables such counties and
      municipalities therein to provide for the use of
15    traffic-infraction detectors. (See bill for details.)

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