Senate Bill sb1876

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    Florida Senate - 2004                                  SB 1876

    By Senator Wise





    5-1399-04                                           See HB 377

  1                      A bill to be entitled

  2         An act relating to traffic control; amending s.

  3         316.003, F.S.; revising the definition of

  4         "official traffic control devices"; amending s.

  5         316.006, F.S.; revising jurisdiction provisions

  6         to provide for devices to enforce traffic

  7         control signals; amending s. 316.0745, F.S.;

  8         providing for a uniform system of traffic

  9         control signal enforcement devices to be

10         included in the uniform system of traffic

11         control devices adopted by the Department of

12         Transportation; providing for inclusion of

13         traffic control signal enforcement devices in

14         the manual of definitions and specifications

15         published by that department; requiring such

16         signal enforcement devices to conform to the

17         department's manual and specifications;

18         providing for review and approval of the

19         devices by the department; providing procedures

20         for removal of nonconforming devices; providing

21         penalties for failure to conform; providing for

22         exceptions; creating s. 316.1003, F.S.;

23         providing for enforcement of traffic control

24         signals by the Department of Transportation;

25         providing for signal enforcement officers;

26         providing for issuance of citations; providing

27         responsibility and liability for payment of a

28         citation; providing for evidence; prohibiting

29         submission of a false affidavit; providing

30         penalties; providing for restricting issuance

31         of a license plate or revalidation sticker for

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1         outstanding violations; providing for

 2         collection and distribution of fines; providing

 3         that enforcement is supplemental to enforcement

 4         by law enforcement officers; requiring

 5         rulemaking; amending s. 316.640, F.S.;

 6         providing for development of training and

 7         qualifications standards for signal enforcement

 8         officers; authorizing such officers to enforce

 9         traffic control signals; amending s. 316.650,

10         F.S.; providing procedures for citations issued

11         pursuant to s. 316.1003, F.S.; amending s.

12         318.14, F.S.; providing procedures for

13         disposition of said citations; amending s.

14         318.18, F.S.; providing for payment of a fine

15         to the Department of Transportation in lieu of

16         court; amending s. 320.03, F.S.; restricting

17         issuance of a license plate or revalidation

18         sticker for outstanding violations; amending s.

19         335.09, F.S.; providing for erection and

20         maintenance of traffic control signal

21         enforcement devices; amending s. 335.14, F.S.;

22         exempting computerized traffic control signal

23         enforcement devices from the Information

24         Resources Management Act of 1997 and the

25         Commerce Protection Act; providing an effective

26         date.

27  

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

29  

30         Section 1.  Subsection (23) of section 316.003, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1         316.003  Definitions.--The following words and phrases,

 2  when used in this chapter, shall have the meanings

 3  respectively ascribed to them in this section, except where

 4  the context otherwise requires:

 5         (23)  OFFICIAL TRAFFIC CONTROL DEVICES.--All signs,

 6  signals, markings, and devices, not inconsistent with this

 7  chapter, placed or erected by authority of a public body or

 8  official having jurisdiction for the purpose of regulating,

 9  warning, or guiding traffic or enforcing traffic control

10  signals.

11         Section 2.  Subsection (1) of section 316.006, Florida

12  Statutes, is amended to read:

13         316.006  Jurisdiction.--Jurisdiction to control traffic

14  is vested as follows:

15         (1)  STATE.--The Department of Transportation shall

16  have all original jurisdiction over all state roads throughout

17  this state, including those within the grounds of all state

18  institutions and the boundaries of all dedicated state parks,

19  and may place and maintain such traffic control devices which

20  conform to its manual and specifications upon all such

21  highways as it shall deem necessary to indicate and to carry

22  out the provisions of this chapter or to regulate, warn, or

23  guide traffic or to enforce traffic control signals.

24         Section 3.  Section 316.0745, Florida Statutes, is

25  amended to read:

26         316.0745  Uniform signals and devices.--

27         (1)  The Department of Transportation shall adopt a

28  uniform system of traffic control devices for use on the

29  streets and highways of the state, which shall include a

30  uniform system of traffic control signal enforcement devices.

31  The uniform system shall, insofar as is practicable, conform

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  to the system adopted by the American Association of State

 2  Highway Officials and shall be revised from time to time to

 3  include changes necessary to conform to a uniform national

 4  system or to meet local and state needs. The Department of

 5  Transportation may call upon representatives of local

 6  authorities to assist in the preparation or revision of the

 7  uniform system of traffic control devices.

 8         (2)  The Department of Transportation shall compile and

 9  publish a manual of uniform traffic control devices which

10  defines the uniform system adopted pursuant to subsection (1),

11  and shall compile and publish minimum specifications for

12  traffic control signals and devices and traffic control signal

13  enforcement devices certified by it as conforming with the

14  uniform system.

15         (a)  The department shall make copies of such manual

16  and specifications available to all counties, municipalities,

17  and other public bodies having jurisdiction of streets or

18  highways open to the public in this state.

19         (b)  The manual shall provide for the use of regulatory

20  speed signs in work zone areas. The installation of such signs

21  is exempt from the provisions of s. 335.10.

22         (3)  All official traffic control signals and traffic

23  control signal enforcement devices or official traffic control

24  devices purchased and installed in this state by any public

25  body or official shall conform with the manual and

26  specifications published by the Department of Transportation

27  pursuant to subsection (2).

28         (4)  It shall be unlawful for any public body or

29  official to purchase, or for anyone to sell, any traffic

30  control signal, or device, or signal enforcement device unless

31  it conforms with the manual and specifications published by

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  the Department of Transportation and is certified to be of

 2  such conformance prior to sale. Any manufacturer or vendor who

 3  sells any traffic control signal, guide, or directional sign

 4  or device or any traffic control signal enforcement device

 5  without such certification shall be ineligible to bid or

 6  furnish traffic control devices to any public body or official

 7  for such period of time as may be established by the

 8  Department of Transportation; however, such period of time

 9  shall be for not less than 1 year from the date of

10  notification of such ineligibility.

11         (5)  It is unlawful for any public body to manufacture

12  for installation or placement any traffic control signal,

13  guide, or directional sign or device or any traffic control

14  signal enforcement device unless it conforms to the uniform

15  system of traffic control devices published by the Department

16  of Transportation. It is unlawful for any public body to sell

17  any traffic control signal, guide, or directional sign or

18  device or any traffic control signal enforcement device it

19  manufactures to any nongovernmental entity or person.

20         (6)  Any system of traffic control devices controlled

21  and operated from a remote location by electronic computers or

22  similar devices shall meet all requirements established for

23  the uniform system, and, where such systems affect the

24  movement of traffic on state roads, the design of the system

25  shall be reviewed and approved by the Department of

26  Transportation.

27         (7)  The Department of Transportation is authorized,

28  after hearing pursuant to 14 days' notice, to direct the

29  removal of any purported traffic control device wherever

30  located which fails to meet the requirements of this section.

31  The public agency erecting or installing the same shall

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  immediately remove said device or signal or traffic control

 2  signal enforcement device upon the direction of the Department

 3  of Transportation and may not, for a period of 5 years,

 4  install any replacement or new traffic control devices paid

 5  for in part or in full with revenues raised by the state

 6  unless written prior approval is received from the Department

 7  of Transportation. Any additional violation by a public body

 8  or official shall be cause for the withholding of state funds

 9  for traffic control purposes until such public body or

10  official demonstrates to the Department of Transportation that

11  it is complying with this section.

12         (8)  The Department of Transportation is authorized to

13  permit traffic control devices not in conformity with the

14  uniform system upon showing of good cause.

15         Section 4.  Section 316.1003, Florida Statutes, is

16  created to read:

17         316.1003  Traffic control signal enforcement.--

18         (1)(a)  For the purpose of enforcing s. 316.075, the

19  Department of Transportation shall by rule authorize a signal

20  enforcement officer to issue a uniform traffic citation for a

21  violation of s. 316.075. "Signal enforcement officer" means

22  the designee of the Department of Transportation whose sole

23  authority is to enforce traffic control signals. The

24  Department of Transportation may designate signal enforcement

25  officers pursuant to s. 316.640(1).

26         (b)  A citation issued under this subsection may be

27  issued by mailing the citation by first-class mail, or by

28  certified mail, return receipt requested, to the address of

29  the registered owner of the motor vehicle involved in the

30  violation. Mailing the citation to this address constitutes

31  notification. In the case of joint ownership of a motor

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  vehicle, the traffic citation must be mailed to the first name

 2  appearing on the registration, unless the first name appearing

 3  on the registration is a business organization, in which case

 4  the second name appearing on the registration may be used. A

 5  citation issued under this paragraph must be mailed to the

 6  registered owner of the motor vehicle involved in the

 7  violation within 14 days after the date of issuance of the

 8  violation. In addition to the citation, notification must be

 9  sent to the registered owner of the motor vehicle involved in

10  the violation specifying remedies available under ss.

11  318.14(13) and 318.18(13).

12         (c)  The owner of the motor vehicle involved in the

13  violation of s. 316.075 is responsible and liable for payment

14  of a citation issued for that violation, unless the owner can

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

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

17  In order to establish such facts, the owner of the motor

18  vehicle is required, within 14 days after notification of the

19  citation, to furnish to the Department of Transportation an

20  affidavit setting forth:

21         1.  The name, address, date of birth, and, if known,

22  the driver license number of the person who leased, rented, or

23  otherwise had the care, custody, or control of the motor

24  vehicle at the time of the alleged violation; or

25         2.  If stolen, the police report indicating that the

26  vehicle was stolen at the time of the alleged violation.

27  

28  Upon receipt by the Department of Transportation of an

29  affidavit, the person designated as having care, custody, or

30  control of the motor vehicle at the time of the violation of

31  s. 316.075 may be issued a citation for that violation. The

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  affidavit shall be admissible in a proceeding pursuant to this

 2  section for the purpose of proving that the person identified

 3  in the affidavit had actual care, custody, or control of the

 4  motor vehicle at the time of the violation.

 5         (d)  A written report of a signal enforcement officer

 6  or photographic evidence that indicates the violation of s.

 7  316.075 is admissible in any proceeding to enforce this

 8  section and s. 316.075 and raises a rebuttable presumption

 9  that the motor vehicle named in the report or shown in the

10  photographic evidence was used in the violation of s. 316.075.

11         (2)  The submission of a false affidavit is a

12  misdemeanor of the second degree, punishable as provided in s.

13  775.082 or s. 775.083.

14         (3)  The Department of Transportation may supply the

15  department with data that is machine readable by the

16  department's computer system listing persons who have one or

17  more outstanding violations of s. 316.075. Pursuant to s.

18  320.03(8), those persons may not be issued a license plate or

19  revalidation sticker for any motor vehicle.

20         (4)  The Department of Transportation shall remit the

21  moneys collected for the fines paid under ss. 318.14(13) and

22  318.18(13) to the Department of Revenue. The Department of

23  Revenue shall distribute the funds received as follows:

24         (a)  Three percent annually to the Brain and Spinal

25  Cord Injury Program in the Department of Health, up to a total

26  of $500,000 per year.

27         (b)  Seventeen percent annually to the Johnnie Bryars

28  Byrd, Sr., Trust Fund for Alzheimer's Research, up to a total

29  of $3 million per year.

30         (c)  One and one-half percent annually to MADD Broward,

31  up to a total of $250,000 per year, which shall be used for

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  MADD About Music to pay for educational programs to encourage

 2  teens to abstain from underage drinking and substance abuse.

 3         (d)  One and one-half percent annually to the Florida

 4  Endowment Foundation for Vocational Rehabilitation, up to a

 5  total of $250,000 per year, which shall be used for the

 6  personal care attendant program.

 7         (e)  Seventy-seven percent annually to the Department

 8  of Elderly Affairs, up to a total of $13.2 million per year,

 9  to be distributed equally among the area agencies on aging to

10  provide for a transportation resource intervention program for

11  individuals over 79 years of age who become unable to drive.

12  The program shall identify and coordinate transportation

13  resources and services available to address the needs of such

14  individuals and to assist in the transition of an independent

15  lifestyle to one that requires assistance.

16  

17  All remaining funds shall be deposited into the General

18  Revenue Fund.

19         (5)  This section supplements the enforcement of s.

20  316.075 by law enforcement officers and does not prohibit a

21  law enforcement officer from issuing a citation for a

22  violation of s. 316.075 in accordance with normal traffic

23  enforcement techniques; however, no more than one citation for

24  a violation of s. 316.075 arising from the same incident shall

25  be enforceable.

26         (6)  The Department of Transportation shall develop and

27  adopt rules necessary to implement the provisions of this

28  section.

29         Section 5.  Paragraph (b) of subsection (1) of section

30  316.640, Florida Statutes, is amended, and subsection (8) of

31  that section is reenacted, to read:

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1         316.640  Enforcement.--The enforcement of the traffic

 2  laws of this state is vested as follows:

 3         (1)  STATE.--

 4         (b)1.  The Department of Transportation has authority

 5  to enforce on all the streets and highways of this state all

 6  laws applicable within its authority.

 7         2.a.  The Department of Transportation shall develop

 8  training and qualifications standards for toll enforcement

 9  officers whose sole authority is to enforce the payment of

10  tolls pursuant to s. 316.1001. Nothing in this subparagraph

11  shall be construed to permit the carrying of firearms or other

12  weapons, nor shall a toll enforcement officer have arrest

13  authority.

14         b.  For the purpose of enforcing s. 316.1001,

15  governmental entities, as defined in s. 334.03, which own or

16  operate a toll facility may employ independent contractors or

17  designate employees as toll enforcement officers; however, any

18  such toll enforcement officer must successfully meet the

19  training and qualifications standards for toll enforcement

20  officers established by the Department of Transportation.

21         3.  The Department of Transportation shall develop

22  training and qualifications standards for signal enforcement

23  officers whose sole authority is to enforce traffic control

24  signals pursuant to s. 316.1003. Nothing in this subparagraph

25  shall be construed to permit the carrying of firearms or other

26  weapons, nor shall a signal enforcement officer have arrest

27  authority.

28         (8)  TRAFFIC ENFORCEMENT AGENCY.--Any agency or

29  governmental entity designated in subsection (1), subsection

30  (2), or subsection (3), including a university, a community

31  

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  college, a school board, or an airport authority, is a traffic

 2  enforcement agency for purposes of s. 316.650.

 3         Section 6.  Subsection (3) of section 316.650, Florida

 4  Statutes, is amended to read:

 5         316.650  Traffic citations.--

 6         (3)(a)  Except for a traffic citation issued pursuant

 7  to s. 316.1001 or s. 316.1003, each traffic enforcement

 8  officer, upon issuing a traffic citation to an alleged

 9  violator of any provision of the motor vehicle laws of this

10  state or of any traffic ordinance of any city or town, shall

11  deposit the original and one copy of such traffic citation or,

12  in the case of a traffic enforcement agency which has an

13  automated citation issuance system, shall provide an

14  electronic facsimile with a court having jurisdiction over the

15  alleged offense or with its traffic violations bureau within 5

16  days after issuance to the violator.

17         (b)  If a traffic citation is issued pursuant to s.

18  316.1001 or s. 316.1003, a traffic enforcement officer may

19  deposit the original and one copy of such traffic citation or,

20  in the case of a traffic enforcement agency that has an

21  automated citation system, may provide an electronic facsimile

22  with a court having jurisdiction over the alleged offense or

23  with its traffic violations bureau within 45 days after the

24  date of issuance of the citation to the violator.

25         Section 7.  Subsections (2) and (4) of section 318.14,

26  Florida Statutes, are amended, and subsection (13) is added to

27  that section, to read:

28         318.14  Noncriminal traffic infractions; exception;

29  procedures.--

30         (2)  Except as provided in ss. s. 316.1001(2) and

31  316.1003, any person cited for an infraction under this

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  section must sign and accept a citation indicating a promise

 2  to appear. The officer may indicate on the traffic citation

 3  the time and location of the scheduled hearing and must

 4  indicate the applicable civil penalty established in s.

 5  318.18.

 6         (4)  Except as provided in subsections subsection (12)

 7  and (13), any person charged with a noncriminal infraction

 8  under this section who does not elect to appear shall pay the

 9  civil penalty and delinquent fee, if applicable, either by

10  mail or in person, within 30 days after the date of issuance

11  of the citation. If the person cited follows the above

12  procedure, he or she shall be deemed to have admitted the

13  infraction and to have waived his or her right to a hearing on

14  the issue of commission of the infraction. Such admission

15  shall not be used as evidence in any other proceedings. Any

16  person who is cited for a violation of s. 320.0605 or s.

17  322.15(1), or subject to a penalty under s. 320.07(3)(a) or

18  (b) or s. 322.065, and who makes an election under this

19  subsection shall submit proof of compliance with the

20  applicable section to the clerk of the court. For the purposes

21  of this subsection, proof of compliance consists of a valid

22  driver's license or a valid registration certificate.

23         (13)  Any person cited pursuant to s. 316.1003 for a

24  violation of s. 316.075 may, in lieu of making an election as

25  set forth in subsection (4), elect to pay his or her fine

26  directly to the Department of Transportation within 30 days

27  after the date of issuance of the citation. Any person cited

28  under s. 316.1003 for a violation of s. 316.075 who does not

29  elect to pay the fine directly to the Department of

30  Transportation as described in this subsection shall have an

31  additional 45 days after the date of the issuance of the

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  citation in which to pay the civil penalty and delinquent fee,

 2  if applicable, as provided in s. 318.18, either by mail or in

 3  person, in accordance with subsection (4).

 4         Section 8.  Subsection (13) is added to section 318.18,

 5  Florida Statutes, to read:

 6         318.18  Amount of civil penalties.--The penalties

 7  required for a noncriminal disposition pursuant to s. 318.14

 8  are as follows:

 9         (13)  The penalty for a violation of s. 316.075 cited

10  pursuant to s. 316.1003 shall be as provided in this section,

11  and all court costs, fees, and surcharges provided for in this

12  chapter shall apply. However, within 30 days after issuance of

13  the citation, a person may elect to pay $100 to the Department

14  of Transportation, in which case adjudication shall be

15  withheld, no points shall be assessed under s. 322.27, and

16  said court costs, fees, and surcharges provided for in this

17  chapter shall not apply. Any funds received by the Department

18  of Transportation for this violation shall be distributed as

19  provided for in s. 316.1003.

20         Section 9.  Subsection (8) of section 320.03, Florida

21  Statutes, is amended to read:

22         320.03  Registration; duties of tax collectors;

23  International Registration Plan.--

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

25  referred to in s. 316.1001(4), s. 316.1967(6), or s.

26  713.78(13), a license plate or revalidation sticker may not be

27  issued until that person's name no longer appears on the list

28  or until the person presents a receipt from the clerk showing

29  that the fines outstanding have been paid. If the applicant's

30  name appears on the list referred to in s. 316.1003(3), a

31  license plate or revalidation sticker may not be issued until

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  that person's name no longer appears on the list or until the

 2  person presents a receipt from the Department of

 3  Transportation showing that the fines outstanding have been

 4  paid. The tax collector and the clerk of the court are each

 5  entitled to receive monthly, as costs for implementing and

 6  administering this subsection, 10 percent of the civil

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

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

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

10  713.78(13). If the tax collector has private tag agents, such

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

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

13  license plates and revalidation stickers issued by the tag

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

15  authority of any private agent to issue license plates shall

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

17  120, if he or she issues any license plate or revalidation

18  sticker contrary to the provisions of this subsection. This

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

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

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

22  motor vehicle dealer licensed under this chapter, except for

23  the transfer of registrations which is inclusive of the annual

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

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

26         Section 10.  Section 335.09, Florida Statutes, is

27  amended to read:

28         335.09  Uniform erection and maintenance of traffic

29  control devices.--The department shall erect and maintain a

30  uniform system of signs, signals, markings, and other traffic

31  control devices and signal enforcement devices for the

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    Florida Senate - 2004                                  SB 1876
    5-1399-04                                           See HB 377




 1  regulation, control, guidance, and protection of traffic and

 2  the enforcement of traffic control signals on the State

 3  Highway System. Such system shall conform to the department's

 4  uniform system of traffic control devices adopted pursuant to

 5  s. 316.0745.

 6         Section 11.  Section 335.14, Florida Statutes, is

 7  amended to read:

 8         335.14  Traffic control devices on State Highway System

 9  or State Park Road System; exemption for computerized traffic

10  systems and control devices.--

11         (1)  All traffic control devices installed on any road

12  on the State Highway System or State Park Road System shall

13  conform to the uniform system of traffic control devices

14  adopted pursuant to s. 316.0745. No such device shall be

15  installed on the State Highway System without the approval of

16  the department and, if the road is a federal-aid road, the

17  additional concurrence of the Federal Highway Administration.

18  Any such device that is installed without such approval may be

19  removed without payment to the owner if, upon request by the

20  department, the owner refuses to remove such device.

21         (2)  Computerized traffic systems and control devices

22  which are used solely for the purpose of motor vehicle traffic

23  control, and surveillance, and signal enforcement shall be

24  exempted from the provisions of chapter 282.

25         Section 12.  This act shall take effect upon becoming a

26  law.

27  

28  

29  

30  

31  

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