((LATE FILED FOR: 4/29/2008 8:30:00 AM))Amendment
Bill No. CS/CS/CS/SB 1992
Amendment No. 544797
CHAMBER ACTION
Senate House
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1Representative Reagan offered the following:
2
3     Amendment to Amendment (615905) (with title amendment)
4     Between lines 1988 and 1989, insert:
5     Section 48.  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 using a
12vehicle sensor or sensors installed to work in conjunction with
13a traffic control signal and a camera or cameras that are
14synchronized to automatically record two or more sequenced
15photographic or electronic images or streaming video of only the
16rear of a motor vehicle at the time the vehicle fails to stop
17behind the stop bar or clearly marked stop line when facing a
18traffic control signal steady red light.
19     Section 49.  Section 316.0083, Florida Statutes, as created
20by this act, may be cited as the "Mark Wandall Traffic Safety
21Program."
22     Section 50.  Section 316.0083, Florida Statutes, is created
23to read:
24     316.0083  Regulation and use of cameras for enforcement of
25provisions of this chapter.--
26     (1)  The regulation and use of cameras for enforcing the
27provisions of this chapter are expressly preempted to the state.
28     (2)  The department, the Department of Transportation,
29counties, and municipalities may use traffic infraction
30detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
31driver fails to stop at a traffic signal.
32     (3)(a)  For purposes of administering this section, the
33department, the Department of Transportation, counties, and
34municipalities may by rule or ordinance authorize a traffic
35infraction detector enforcement officer or a law enforcement
36officer as defined in s. 943.10(1) to issue a uniform traffic
37citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
38If the driver of the motor vehicle receives a uniform traffic
39citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
40issued by a law enforcement officer, then a uniform traffic
41citation may not be issued by a traffic infraction detector
42enforcement officer. The term "traffic infraction detector
43enforcement officer" means the designee of the department, the
44Department of Transportation, a county, or a municipality who is
45authorized to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
46driver fails to stop at a traffic signal. The department, the
47Department of Transportation, counties, and municipalities may
48designate traffic infraction detector enforcement officers
49pursuant to s. 316.640(1).
50     (b)  A citation issued under this section shall be issued
51by mailing the citation by first-class mail or certified mail,
52return receipt requested, to the address of the registered owner
53of the motor vehicle involved in the violation. Mailing the
54citation to this address constitutes notification. In the case
55of joint ownership of a motor vehicle, the traffic citation
56shall be mailed to the first name appearing on the registration,
57unless the first name appearing on the registration is a
58business organization, in which case the second name appearing
59on the registration may be used. The citation must be mailed to
60the registered owner of the motor vehicle involved in the
61violation within 7 days after the date of the violation. Notice
62of and instructions for accessing a secure website displaying a
6310-second video of the violation shall be provided with the
64citation.
65     (c)  The owner of the motor vehicle involved in the
66violation is responsible and liable for paying the citation
67issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
68when the driver failed to stop at a traffic signal, unless the
69owner can establish that the motor vehicle was, at the time of
70the violation, in the care, custody, or control of another
71person. In order to establish such facts, the owner of the motor
72vehicle shall, within 14 days after the date of issuance of the
73citation, furnish to the appropriate governmental entity an
74affidavit setting forth:
75     1.  The name, address, date of birth, and, if known, the
76driver's license number of the person who leased, rented, or
77otherwise had care, custody, or control of the motor vehicle at
78the time of the alleged violation;
79     2.  If the vehicle was stolen at the time of the alleged
80offense, the police report indicating that the vehicle was
81stolen; or
82     3.  If a citation for a violation of s. 316.074(1) or s.
83316.075(1)(c)1. was issued at the location of the violation by a
84law enforcement officer, the serial number of the uniform
85traffic citation.
86
87Upon receipt of an affidavit, the person designated as having
88care, custody, and control of the motor vehicle at the time of
89the violation may be issued a citation for a violation of s.
90316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
91at a traffic signal. The affidavit is admissible in a proceeding
92pursuant to this section for the purpose of providing proof that
93the person identified in the affidavit was in actual care,
94custody, or control of the motor vehicle. The owner of a leased
95vehicle for which a citation is issued for a violation of s.
96316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
97at a traffic signal is not responsible for paying the citation
98and is not required to submit an affidavit as specified in this
99subsection if the motor vehicle involved in the violation is
100registered in the name of the lessee of such motor vehicle.
101     (d)  A written report of a traffic infraction detector
102enforcement officer, along with photographic or electronic
103images or streaming video evidence that a violation of s.
104316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
105at a traffic signal has occurred, is admissible in any
106proceeding to enforce this section and raises a rebuttable
107presumption that the motor vehicle named in the report or shown
108in the photographic or electronic images or streaming video
109evidence was used in violation of s. 316.074(1) or s.
110316.075(1)(c)1. when the driver failed to stop at a traffic
111signal.
112     (4)  The submission of a false affidavit is a misdemeanor
113of the second degree, punishable as provided in s. 775.082 or s.
114775.083.
115     (5)  This section supplements the enforcement of s.
116316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
117when a driver fails to stop at a traffic signal, and this
118section does not prohibit a law enforcement officer from issuing
119a citation for a violation of s. 316.074(1) or s.
120316.075(1)(c)1. when a driver fails to stop at a traffic signal
121in accordance with normal traffic-enforcement techniques.
122     (6)(a)  The Department of Transportation shall, on or
123before October 1, 2008, adopt and publish minimum specifications
124for the operation and implementation of traffic infraction
125detectors on the streets and highways of the state. The minimum
126specifications shall, insofar as is practicable, conform to the
127Traffic Engineering Manual of the Department of Transportation
128and shall be revised from time to time to include changes
129necessary to conform to any uniform national system or to meet
130local or state needs. The specifications shall include, but need
131not be limited to, the size and purpose of stop bars, the
132duration time of signal phases, signage and other public
133awareness requirements, the amount of before and after
134photographic or electronic imaging or streaming video needed,
135yellow light duration time, and location of the rear tires in
136relation to the stop bar. The Department of Transportation shall
137require mandatory reporting of all accidents at the
138intersections using traffic infraction detectors and shall
139provide information relating to those accidents to the
140Legislature by March 1, 2010. The Department of Transportation
141may call upon representatives of local authorities to assist in
142preparing or revising the uniform specifications of traffic
143infraction detectors.
144     (b)  All traffic infraction detectors operated or
145implemented in this state by any public body or official must
146conform to the specifications for operation and implementation
147of traffic infraction detectors published by the Department of
148Transportation pursuant to this subsection.
149     (c)  A public body or official may not operate or implement
150a traffic infraction detector in this state unless it conforms
151to the specifications published by the Department of
152Transportation. A public body may not sell a traffic infraction
153detector to any nongovernmental entity or person.
154     (d)  Before installing a traffic infraction detector at an
155intersection, a municipality, county, or Department of
156Transportation traffic engineer must review and certify that all
157other applicable safety-related engineering measures have been
158considered. Unless the manufacturer or vendor is furnishing the
159traffic infraction detectors to a county or municipality
160pursuant to a contract entered into on or before April 1, 2008,
161any manufacturer or vendor that operates or implements a traffic
162infraction detector without such certification is ineligible to
163bid or furnish traffic infraction detectors to any public body
164or official for such period of time as may be established by the
165Department of Transportation; however, such period of time may
166not be less than 1 year following the date of notification of
167ineligibility.
168     (e)  The Department of Transportation may, after a hearing
169pursuant to 14 days' notice, direct the removal of any traffic
170infraction detector wherever located which purportedly fails to
171meet the specifications of this subsection. The public agency
172operating or implementing a traffic infraction detector shall
173immediately remove the traffic infraction detector upon the
174direction of the Department of Transportation and may not, for a
175period of 5 years, install any replacement traffic infraction
176detector unless written prior approval is received from the
177Department of Transportation. Any additional violation by a
178public body or official is cause for withholding state funds for
179traffic control purposes until such public body or official
180demonstrates to the Department of Transportation that it is
181complying with this subsection.
182     (f)  The Department of Transportation may authorize the
183installation of traffic infraction detectors that are not in
184conformity with the published specifications upon a showing of
185good cause.
186     (g)  Any traffic infraction detector acquired under a
187contract entered into by a county or municipality on or before
188April 1, 2008, is not required to meet the specifications for
189operation and implementation of traffic infraction detectors
190published by the Department of Transportation pursuant to this
191subsection until July 1, 2013.
192     (7)  Any manufacturer or vendor desiring to bid for the
193performance of operating or implementing a traffic infraction
194detector must first be qualified by the Department of
195Transportation and without such qualification is ineligible to
196bid or furnish traffic infraction detectors to any public body
197or official in this state unless the manufacturer or vendor is
198furnishing the traffic infraction detectors to a county or
199municipality pursuant to a contract entered into on or before
200April 1, 2008. A manufacturer or vendor may not receive a fee
201based upon the number of citations issued unless the
202manufacturer or vendor entered into a contract with a
203municipality or county to furnish traffic infraction detectors
204prior to April 1, 2008. As of July 1, 2013, no contract in
205effect on or before April 1, 2008, relating to the operation or
206implementation of traffic infraction detectors, may authorize a
207vendor or manufacturer to receive a fee based upon the number of
208citations issued.
209     Section 51.  Paragraph (b) of subsection (1) of section
210316.640, Florida Statutes, is amended to read:
211     316.640  Enforcement.--The enforcement of the traffic laws
212of this state is vested as follows:
213     (1)  STATE.--
214     (b)1.  The Department of Transportation has authority to
215enforce on all the streets and highways of this state all laws
216applicable within its authority.
217     2.a.  The Department of Transportation shall develop
218training and qualifications standards for toll enforcement
219officers whose sole authority is to enforce the payment of tolls
220pursuant to s. 316.1001. Nothing in this subparagraph shall be
221construed to permit the carrying of firearms or other weapons,
222nor shall a toll enforcement officer have arrest authority.
223     b.  For the purpose of enforcing s. 316.1001, governmental
224entities, as defined in s. 334.03, which own or operate a toll
225facility may employ independent contractors or designate
226employees as toll enforcement officers; however, any such toll
227enforcement officer must successfully meet the training and
228qualifications standards for toll enforcement officers
229established by the Department of Transportation.
230     3.a  The Department of Transportation shall develop
231training and qualifications standards for traffic infraction
232detector enforcement officers whose sole authority is to enforce
233s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop
234at a traffic signal pursuant to s. 316.0083. This subparagraph
235does not authorize the carrying of firearms or other weapons by
236a traffic infraction enforcement officer and does not authorize
237a traffic infraction detector enforcement officer to make
238arrests.
239     b.  For the purpose of enforcing s. 316.0083, the
240department, the Department of Transportation, counties, and
241municipalities may designate employees as traffic infraction
242detector enforcement officers; however, any such traffic
243infraction detector enforcement officer must successfully meet
244the training and qualifications standards for traffic infraction
245detector enforcement officers established by the Department of
246Transportation.
247     Section 52.  Subsection (15) of section 318.18, Florida
248Statutes, is amended to read:
249     318.18  Amount of penalties.--The penalties required for a
250noncriminal disposition pursuant to s. 318.14 or a criminal
251offense listed in s. 318.17 are as follows:
252     (15)(a)  One hundred twenty-five dollars for a violation of
253s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
254stop at a traffic signal and when enforced by a law enforcement
255officer. Sixty dollars shall be distributed as provided in s.
256318.21, and the remaining $65 shall be remitted to the
257Department of Revenue for deposit into the Administrative Trust
258Fund of the Department of Health.
259     (b)  Seventy dollars for each violation of s. 316.074(1) or
260s. 316.075(1)(c)1. when a driver has failed to stop at a traffic
261signal and when enforced by a traffic infraction detector
262enforcement officer and, notwithstanding any other provision of
263law, $60 shall be distributed in the same manner as the
264applicable municipal or county parking ordinance, and the
265remaining $10 shall be remitted to the Department of Revenue for
266deposit into the Administrative Trust Fund of the Department of
267Health and distributed pursuant to s. 395.4036.
268
269Except for s. 318.121 and 318.1215, no other fees may be charged
270by any entity for a violation of s. 316.074(1) or s.
271316.075(1)(c)1. when enforced by a traffic infraction detector
272enforcement officer.
273     Section 53.  Paragraph (d) of subsection (3) of section
274322.27, Florida Statutes, is amended to read:
275     322.27  Authority of department to suspend or revoke
276license.--
277     (3)  There is established a point system for evaluation of
278convictions of violations of motor vehicle laws or ordinances,
279and violations of applicable provisions of s. 403.413(6)(b) when
280such violations involve the use of motor vehicles, for the
281determination of the continuing qualification of any person to
282operate a motor vehicle. The department is authorized to suspend
283the license of any person upon showing of its records or other
284good and sufficient evidence that the licensee has been
285convicted of violation of motor vehicle laws or ordinances, or
286applicable provisions of s. 403.413(6)(b), amounting to 12 or
287more points as determined by the point system. The suspension
288shall be for a period of not more than 1 year.
289     (d)  The point system shall have as its basic element a
290graduated scale of points assigning relative values to
291convictions of the following violations:
292     1.  Reckless driving, willful and wanton--4 points.
293     2.  Leaving the scene of a crash resulting in property
294damage of more than $50--6 points.
295     3.  Unlawful speed resulting in a crash--6 points.
296     4.  Passing a stopped school bus--4 points.
297     5.  Unlawful speed:
298     a.  Not in excess of 15 miles per hour of lawful or posted
299speed--3 points.
300     b.  In excess of 15 miles per hour of lawful or posted
301speed--4 points.
302     6.  A violation of a traffic control signal device as
303provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
304However, no points shall be imposed for a violation of s.
305316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
306stop at a traffic signal and when enforced by a traffic
307infraction detector enforcement officer.
308     7.  All other moving violations (including parking on a
309highway outside the limits of a municipality)--3 points.
310However, no points shall be imposed for a violation of s.
311316.0741 or s. 316.2065(12).
312     8.  Any moving violation covered above, excluding unlawful
313speed, resulting in a crash--4 points.
314     9.  Any conviction under s. 403.413(6)(b)--3 points.
315     10.  Any conviction under s. 316.0775(2)--4 points.
316     Section 54.  The Department of Highway Safety and Motor
317Vehicles and the Department of Transportation shall jointly
318submit a report on the efficacy of traffic infraction detectors
319in enhancing public safety to the Governor, the President of the
320Senate, and the Speaker of the House of Representatives on or
321before January 1, 2013.
322
323
324
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325
T I T L E  A M E N D M E N T
326     Between lines 2171 and 2172, insert:
327amending s. 316.003, F.S.; defining the term "traffic
328infraction detector"; providing a short title; creating s.
329316.0083, F.S.; preempting to the state the use of cameras
330to enforce traffic laws; authorizing the use of traffic
331infraction detectors and traffic infraction detector
332enforcement officers by the Department of Highway Safety
333and Motor Vehicles, the Department of Transportation,
334counties, and municipalities; providing requirements for
335notifying a driver of the issuance of a citation;
336providing that the owner of the motor vehicle involved in
337a violation is responsible and liable for payment of the
338fine assessed; providing exceptions; establishing
339admissibility of evidence as a rebuttable presumption of a
340violation; providing that submission of a false affidavit
341constitutes a second-degree misdemeanor; requiring the
342Department of Transportation to adopt and publish
343specifications relating to the operation and
344implementation of traffic infraction detectors; requiring
345that the specifications conform to certain minimum
346requirements; requiring the certification of a location by
347a traffic engineer before a detector is installed;
348authorizing the Department of Transportation to direct the
349removal of a detector that fails to meet the required
350specifications; authorizing the department to allow the
351installation of a detector that does not conform to the
352required specification upon a showing of good cause;
353exempting certain existing traffic infraction detectors
354from the requirements for meeting the department's
355specifications for a specified period; requiring the
356qualification of vendors by the Department of
357Transportation; amending s. 316.640, F.S.; directing the
358Department of Transportation to develop training and
359qualifications for traffic infraction detector enforcement
360officers; amending s. 318.18, F.S.; providing for
361penalties and distribution of fines for failing to stop at
362a traffic signal when such violation is enforced by a
363traffic infraction detector enforcement officer; amending
364s. 322.27, F.S.; prohibiting the imposition of points
365against a violator's driver's license for infractions
366enforced by a traffic infraction detector enforcement
367officer; directing the Department of Highway Safety and
368Motor Vehicles and the Department of Transportation to
369jointly report the efficacy of traffic infraction
370detectors on or before a specified date;


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