Amendment
Bill No. CS/CS/CS/SB 1992
Amendment No. 243203
CHAMBER ACTION
Senate House
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1Representative Needelman offered the following:
2
3     Amendment to Amendment (615905) (with title amendment)
4     Between lines 3 and 4, insert:
5     Section 1.  Subsection (86) is added to section 316.003,
6Florida Statutes, to read:
7     316.003  Definitions.--The following words and phrases,
8when used in this chapter, shall have the meanings respectively
9ascribed to them in this section, except where the context
10otherwise requires:
11     (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses a
12vehicle sensor installed to work in conjunction with a traffic
13control signal and a camera synchronized to automatically record
14two or more sequenced photographic or electronic images or
15streaming video of only the rear of a motor vehicle at the time
16the vehicle fails to stop behind the stop bar or clearly marked
17stop line when facing a traffic control signal steady red light.
18Any citation issued by the use of a traffic infraction detector
19must include a photograph showing both the license tag of the
20offending vehicle and the traffic control device being violated.
21     Section 2.  Section 316.0083, Florida Statutes, is created
22to read:
23     316.0083  Mark Wandall Traffic Safety Program;
24administration; report.--
25     (1)  There is created the Mark Wandall Traffic Safety
26Program governing the operation of traffic infraction detectors.
27The program shall be administered by the Department of Highway
28Safety and Motor Vehicles and shall include the following
29provisions:
30     (a)  In order to use a traffic infraction detector, a
31county or municipality must enact an ordinance that provides for
32the use of a traffic infraction detector to enforce s.
33316.075(1)(c), which requires the driver of a vehicle to stop
34the vehicle when facing a traffic control signal steady red
35light on the streets and highways under the jurisdiction of the
36county or municipality. A county or municipality that operates a
37traffic infraction detector must authorize a traffic infraction
38enforcement officer to issue a ticket for a violation of s.
39316.075(1)(c) and to enforce the payment of tickets for such
40violation. This paragraph does not authorize a traffic
41infraction enforcement officer to carry a firearm or other
42weapon and does not authorize such an officer to make arrests.
43The ordinance must require signs to be posted at locations
44designated by the county or municipality providing notification
45that a traffic infraction detector may be in use. Such signage
46must conform to the standards and requirements adopted by the
47Department of Transportation under s. 316.0745. The ordinance
48must also require that the county or municipality make a public
49announcement and conduct a public awareness campaign of the
50proposed use of traffic infraction detectors at least 30 days
51before commencing the enforcement program. In addition, the
52ordinance must establish a fine of $125 to be assessed against
53the registered owner of a motor vehicle that fails to stop when
54facing a traffic control signal steady red light as determined
55through the use of a traffic infraction detector. Any other
56provision of law to the contrary notwithstanding, an additional
57surcharge, fee, or cost may not be added to the civil penalty
58authorized by this paragraph.
59     (b)  When responding to an emergency call, an emergency
60vehicle is exempt from any ordinance enacted under this section.
61     (c)  A county or municipality must adopt an ordinance under
62this section that provides for the use of a traffic infraction
63detector in order to impose a fine on the registered owner of a
64motor vehicle for a violation of s. 316.075(1)(c). The fine
65shall be imposed in the same manner and is subject to the same
66limitations as provided for parking violations under s.
67316.1967. Except as specifically provided in this section,
68chapter 318 and s. 322.27 do not apply to a violation of s.
69316.075(1)(c) for which a ticket has been issued under an
70ordinance enacted pursuant to this section. Enforcement of a
71ticket issued under the ordinance is not a conviction of the
72operator of the motor vehicle, may not be made a part of the
73driving record of the operator, and may not be used for purposes
74of setting motor vehicle insurance rates. Points under s. 322.27
75may not be assessed based upon such enforcement.
76     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
77to an ordinance enacted pursuant to this section, except that
78the ticket must contain the name and address of the person
79alleged to be liable as the registered owner of the motor
80vehicle involved in the violation, the registration number of
81the motor vehicle, the violation charged, a copy of the recorded
82images, the location where the violation occurred, the date and
83time of the violation, information that identifies the device
84that recorded the violation, and a signed statement by a
85specifically trained technician employed by the agency or its
86contractor that, based on inspection of recorded images, the
87motor vehicle was being operated in violation of s.
88316.075(1)(c). The ticket must advise the registered owner of
89the motor vehicle involved in the violation of the amount of the
90fine, the date by which the fine must be paid, and the procedure
91for contesting the violation alleged in the ticket. The ticket
92must contain a warning that failure to contest the violation in
93the manner and time provided is deemed an admission of the
94liability and that a default may be entered thereon. The
95violation shall be processed by the county or municipality that
96has jurisdiction over the street or highway where the violation
97occurred or by any entity authorized by the county or
98municipality to prepare and mail the ticket.
99     (e)  The ticket shall be sent by first-class mail addressed
100to the registered owner of the motor vehicle and postmarked no
101later than 14 days after the date of the violation.
102     (f)1.  The registered owner of the motor vehicle involved
103in a violation is responsible and liable for payment of the fine
104assessed pursuant to this section unless the owner can establish
105that:
106     a.  The motor vehicle passed through the intersection in
107order to yield right-of-way to an emergency vehicle or as part
108of a funeral procession;
109     b.  The motor vehicle passed through the intersection at
110the direction of a law enforcement officer;
111     c.  The motor vehicle was stolen at the time of the alleged
112violation; or
113     d.  A uniform traffic citation was issued to the driver of
114the motor vehicle for the alleged violation of s. 316.075(1)(c).
115     2.  In order to establish any such fact, the registered
116owner of the vehicle must, within 20 days after receipt of
117notification of the alleged violation, furnish to the county or
118municipality, as appropriate, an affidavit that sets forth
119detailed information supporting an exemption as provided in sub-
120subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
121or sub-subparagraph 1.d. For an exemption under sub-subparagraph
1221.c., the affidavit must set forth that the vehicle was stolen
123and be accompanied by a copy of the police report indicating
124that the vehicle was stolen at the time of the alleged
125violation. For an exemption under sub-subparagraph 1.d., the
126affidavit must set forth that a citation was issued and be
127accompanied by a copy of the citation indicating the time of the
128alleged violation and the location of the intersection where it
129occurred.
130     (g)  A person may contest the determination that such
131person failed to stop at a traffic control signal steady red
132light as evidenced by a traffic infraction detector by electing
133to appear before any judge authorized by law to preside over a
134court hearing that adjudicates traffic infractions. A person who
135elects to appear before the court to present evidence is deemed
136to have waived the limitation of civil penalties imposed for the
137violation. The court, after hearing, shall determine whether the
138violation was committed and may impose a civil penalty not to
139exceed $125 plus costs. The court may take appropriate measures
140to enforce collection of any penalty not paid within the time
141permitted by the court.
142     (h)  A certificate sworn to or affirmed by a person
143authorized under this section who is employed by or under
144contract with the county or municipality where the infraction
145occurred, or a facsimile thereof that is based upon inspection
146of photographs or other recorded images produced by a traffic
147infraction detector, is prima facie evidence of the facts
148contained in the certificate. A photograph or other recorded
149image evidencing a violation of s. 316.075(1)(c) must be
150available for inspection in any proceeding to adjudicate
151liability under an ordinance enacted pursuant to this section.
152     (i)  In any county or municipality in which tickets are
153issued as provided in this section, the names of persons who
154have one or more outstanding violations may be included on the
155list authorized under s. 316.1967(6).
156     (j)  If the driver of the motor vehicle received a citation
157from a traffic enforcement officer at the time of the violation,
158a ticket may not be issued pursuant to this section.
159     (k)  Before placing any traffic infraction detector at an
160intersection, the operational settings of the traffic control
161signal must be calibrated in accordance with the Institute of
162Traffic Engineers Calculations which provides reaction time and
163stopping time and clearance time included in yellow time plus an
164all red time of 2 seconds.
165     (2)  The fine imposed pursuant to paragraph (1)(a) or
166paragraph (1)(g) shall be retained by the county or municipality
167enforcing the ordinance enacted pursuant to this section.
168     (3)  A complaint that a county or municipality is employing
169traffic infraction detectors for purposes other than the
170promotion of public health, welfare, and safety or in a manner
171inconsistent with this section may be submitted to the governing
172body of such county or municipality. Such complaints, along with
173any investigation and corrective action taken by the county or
174municipal governing body, shall be included in the annual report
175to the department and in the department's annual summary report
176to the Governor, the President of the Senate, and the Speaker of
177the House Representatives, as required by this section. Based on
178its review of the report, the Legislature may exclude a county
179or municipality from further participation in the program.
180     (4)(a)  Each county or municipality that operates a traffic
181infraction detector shall submit an annual report to the
182department that details the results of using the traffic
183infraction detector and the procedures for enforcement.
184     (b)  The department shall provide an annual summary report
185to the Governor, the President of the Senate, and the Speaker of
186the House of Representatives regarding the use and operation of
187traffic infraction detectors under this section. The summary
188report must include a review of the information submitted to the
189department by the counties and municipalities and must describe
190the enhancement of the traffic safety and enforcement programs.
191The department shall report its recommendations, including any
192necessary legislation, on or before December 1, 2009, to the
193Governor, the President of the Senate, and the Speaker of the
194House of Representatives.
195
196
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197
T I T L E  A M E N D M E N T
198     Remove line 2000 and insert:
199Motor Vehicles; amending s. 316.003, F.S.; defining the term
200"traffic infraction detector"; creating s. 316.0083, F.S.;
201creating the Mark Wandall Traffic Safety Program to be
202administered by the Department of Highway Safety and Motor
203Vehicles; requiring a county or municipality to enact an
204ordinance in order to use a traffic infraction detector to
205identify a motor vehicle that fails to stop at a traffic control
206signal steady red light; requiring authorization of a traffic
207infraction enforcement officer to issue and enforce a ticket for
208such violation; requiring signage; requiring certain public
209awareness procedures; requiring the ordinance to establish a
210fine of a certain amount; prohibiting additional charges;
211exempting emergency vehicles; providing that the registered
212owner of the motor vehicle involved in the violation is
213responsible and liable for payment of the fine assessed;
214providing exceptions; providing procedures for disposition and
215enforcement of tickets; requiring certain traffic control signal
216operational settings; providing for disposition of revenue;
217providing complaint procedures; providing for the Legislature to
218exclude a county or municipality from the program; requiring
219reports from participating municipalities and counties to the
220department; requiring the department to make reports to the
221Governor and the Legislature; amending s. 316.0741, F.S.;
222redefining the
223


CODING: Words stricken are deletions; words underlined are additions.