Amendment
Bill No. CS/CS/CS/SB 1992
Amendment No. 807555
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 one or more cameras synchronized to
14automatically record two or more sequenced photographic or
15electronic images or streaming video of the driver and the rear
16of a motor vehicle at the time the vehicle fails to stop behind
17the stop bar or clearly marked stop line when facing a traffic
18control signal steady red light. Any citation issued by the use
19of a traffic infraction detector must include photographs or
20images showing the driver and license tag of the offending
21vehicle and the traffic control device being violated.
22     Section 2.  Section 316.0083, Florida Statutes, is created
23to read:
24     316.0083  Mark Wandall Traffic Safety Program;
25administration; report.--
26     (1)  There is created the Mark Wandall Traffic Safety
27Program governing the operation of traffic infraction detectors.
28The program shall be administered by the Department of Highway
29Safety and Motor Vehicles and shall include the following
30provisions:
31     (a)  In order to use a traffic infraction detector, a
32county or municipality must enact an ordinance that provides for
33the use of a traffic infraction detector to enforce s.
34316.075(1)(c), which requires the driver of a vehicle to stop
35the vehicle when facing a traffic control signal steady red
36light on the streets and highways under the jurisdiction of the
37county or municipality. A county or municipality that operates a
38traffic infraction detector must authorize a traffic infraction
39enforcement officer to issue a ticket for a violation of s.
40316.075(1)(c) and to enforce the payment of tickets for such
41violation. This paragraph does not authorize a traffic
42infraction enforcement officer to carry a firearm or other
43weapon and does not authorize such an officer to make arrests.
44The ordinance must require signs to be posted at locations
45designated by the county or municipality providing notification
46that a traffic infraction detector may be in use. Such signage
47must conform to the standards and requirements adopted by the
48Department of Transportation under s. 316.0745. The ordinance
49must also require that the county or municipality make a public
50announcement and conduct a public awareness campaign of the
51proposed use of traffic infraction detectors at least 30 days
52before commencing the enforcement program. In addition, the
53ordinance must establish a fine of $125 to be assessed against
54the registered owner driving or in actual physical control of a
55motor vehicle that fails to stop when facing a traffic control
56signal steady red light as determined through the use of a
57traffic infraction detector. Any other provision of law to the
58contrary notwithstanding, an additional surcharge, fee, or cost
59may not be added to the civil penalty authorized by this
60paragraph.
61     (b)  When responding to an emergency call, an emergency
62vehicle is exempt from any ordinance enacted under this section.
63     (c)  A county or municipality must adopt an ordinance under
64this section that provides for the use of a traffic infraction
65detector in order to impose a fine on the registered owner of a
66motor vehicle for a violation of s. 316.075(1)(c). The fine
67shall be imposed in the same manner and is subject to the same
68limitations as provided for parking violations under s.
69316.1967. Except as specifically provided in this section,
70chapter 318 and s. 322.27 do not apply to a violation of s.
71316.075(1)(c) for which a ticket has been issued under an
72ordinance enacted pursuant to this section. Enforcement of a
73ticket issued under the ordinance is not a conviction of the
74operator of the motor vehicle, may not be made a part of the
75driving record of the operator, and may not be used for purposes
76of setting motor vehicle insurance rates. Points under s. 322.27
77may not be assessed based upon such enforcement.
78     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
79to an ordinance enacted pursuant to this section, except that
80the ticket must contain the name and address of the person
81alleged to be liable as the registered owner of the motor
82vehicle involved in the violation, the registration number of
83the motor vehicle, the violation charged, a copy of the recorded
84images, the location where the violation occurred, the date and
85time of the violation, information that identifies the device
86that recorded the violation, and a signed statement by a
87specifically trained technician employed by the agency or its
88contractor that, based on inspection of recorded images, the
89motor vehicle was being operated in violation of s.
90316.075(1)(c). The ticket must advise the registered owner of
91the motor vehicle involved in the violation of the amount of the
92fine, the date by which the fine must be paid, and the procedure
93for contesting the violation alleged in the ticket. The ticket
94must contain a warning that failure to contest the violation in
95the manner and time provided is deemed an admission of the
96liability and that a default may be entered thereon. The
97violation shall be processed by the county or municipality that
98has jurisdiction over the street or highway where the violation
99occurred or by any entity authorized by the county or
100municipality to prepare and mail the ticket.
101     (e)  The ticket shall be sent by first-class mail addressed
102to the registered owner of the motor vehicle and postmarked no
103later than 14 days after the date of the violation.
104     (f)1.  The registered owner of the motor vehicle involved
105in a violation is responsible and liable for payment of the fine
106assessed pursuant to this section unless the owner can establish
107that:
108     a.  The motor vehicle passed through the intersection in
109order to yield right-of-way to an emergency vehicle or as part
110of a funeral procession;
111     b.  The motor vehicle passed through the intersection at
112the direction of a law enforcement officer;
113     c.  The motor vehicle was stolen at the time of the alleged
114violation;
115     d.  A uniform traffic citation was issued to the driver of
116the motor vehicle for the alleged violation of s. 316.075(1)(c);
117or
118     e.  Someone other than the registered owner was driving or
119in actual physical control of the motor vehicle at the time of
120the alleged violation.
121     2.  In order to establish any such fact, the registered
122owner of the vehicle must, within 20 days after receipt of
123notification of the alleged violation, furnish to the county or
124municipality, as appropriate, an affidavit that sets forth
125detailed information supporting an exemption as provided in
126subparagraph 1. For an exemption under sub-subparagraph 1.c.,
127the affidavit must set forth that the vehicle was stolen and be
128accompanied by a copy of the police report indicating that the
129vehicle was stolen at the time of the alleged violation. For an
130exemption under sub-subparagraph 1.d., the affidavit must set
131forth that a citation was issued and be accompanied by a copy of
132the citation indicating the time of the alleged violation and
133the location of the intersection where it occurred.
134     (g)  A person may contest the determination that such
135person failed to stop at a traffic control signal steady red
136light as evidenced by a traffic infraction detector by electing
137to appear before any judge authorized by law to preside over a
138court hearing that adjudicates traffic infractions. A person who
139elects to appear before the court to present evidence is deemed
140to have waived the limitation of civil penalties imposed for the
141violation. The court, after hearing, shall determine whether the
142violation was committed and may impose a civil penalty not to
143exceed $125 plus costs. The court may take appropriate measures
144to enforce collection of any penalty not paid within the time
145permitted by the court.
146     (h)  A certificate sworn to or affirmed by a person
147authorized under this section who is employed by or under
148contract with the county or municipality where the infraction
149occurred, or a facsimile thereof that is based upon inspection
150of photographs or other recorded images produced by a traffic
151infraction detector, is prima facie evidence of the facts
152contained in the certificate. A photograph or other recorded
153image evidencing a violation of s. 316.075(1)(c) must be
154available for inspection in any proceeding to adjudicate
155liability under an ordinance enacted pursuant to this section,
156and the court must be able to clearly and unmistakably identify
157the driver in the image as the registered owner of the motor
158vehicle.
159     (i)  In any county or municipality in which tickets are
160issued as provided in this section, the names of persons who
161have one or more outstanding violations may be included on the
162list authorized under s. 316.1967(6).
163     (j)  If the driver of the motor vehicle received a citation
164from a traffic enforcement officer at the time of the violation,
165a ticket may not be issued pursuant to this section.
166     (k)  The penalty of $125 established under paragraph (a)
167shall be assessed on a graduated scale as follows:
168     1.  For a first offense, a warning shall be issued.
169     2.  For a second offense, a fine of $41.67 shall be
170assessed.
171     3.  For a third offense, a fine of $83.34 shall be
172assessed.
173     4.  For a fourth or subsequent offense, a fine of $125
174shall be assessed.
175     (2)  To cover administrative and maintenance costs, 5
176percent of the proceeds from the fines imposed under subsection
177(1) shall be retained by the county or municipality enforcing
178the ordinance enacted pursuant to this section. The remaining
179proceeds from such fines shall be remitted to the Department of
180Revenue for deposit into the Brain and Spinal Cord Injury
181Program Trust Fund to be used as provided in s. 381.79.
182     (3)(a)  A traffic infraction detector used in this state
183must be owned and operated by a county or municipality to carry
184out enforcement under subsection (1).
185     (b)  A county or municipality may not enter into any
186contract which authorizes or pledges a portion of the fines
187collected under subsection (1) as payment for any traffic
188infraction detector or for any services or equipment used to
189implement or operate traffic infraction detectors or to carry
190out enforcement pursuant to traffic infraction detectors under
191subsection (1).
192     (4)  A complaint that a county or municipality is employing
193traffic infraction detectors for purposes other than the
194promotion of public health, welfare, and safety or in a manner
195inconsistent with this section may be submitted to the governing
196body of such county or municipality. Such complaints, along with
197any investigation and corrective action taken by the county or
198municipal governing body, shall be included in the annual report
199to the department and in the department's annual summary report
200to the Governor, the President of the Senate, and the Speaker of
201the House Representatives, as required by this section. Based on
202its review of the report, the Legislature may exclude a county
203or municipality from further participation in the program.
204     (5)(a)  Each county or municipality that operates a traffic
205infraction detector shall submit an annual report to the
206department that details the results of using the traffic
207infraction detector and the procedures for enforcement.
208     (b)  The department shall provide an annual summary report
209to the Governor, the President of the Senate, and the Speaker of
210the House of Representatives regarding the use and operation of
211traffic infraction detectors under this section. The summary
212report must include a review of the information submitted to the
213department by the counties and municipalities and must describe
214the enhancement of the traffic safety and enforcement programs.
215The department shall report its recommendations, including any
216necessary legislation, on or before December 1, 2009, to the
217Governor, the President of the Senate, and the Speaker of the
218House of Representatives.
219
220
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221
T I T L E  A M E N D M E N T
222     Remove line 2000 and insert:
223Motor Vehicles; amending s. 316.003, F.S.; defining the term
224"traffic infraction detector"; creating s. 316.0083, F.S.;
225creating the Mark Wandall Traffic Safety Program to be
226administered by the Department of Highway Safety and Motor
227Vehicles; requiring a county or municipality to enact an
228ordinance in order to use a traffic infraction detector to
229identify a motor vehicle that fails to stop at a traffic control
230signal steady red light; requiring authorization of a traffic
231infraction enforcement officer to issue and enforce a ticket for
232such violation; requiring signage; requiring certain public
233awareness procedures; requiring the ordinance to establish a
234fine of a certain amount; prohibiting additional charges;
235exempting emergency vehicles; providing that the registered
236owner driving of in actual physical control of the motor vehicle
237involved in the violation is responsible and liable for payment
238of the fine assessed; providing exceptions; providing procedures
239for disposition and enforcement of tickets; providing for an
240incremental assessment of the fine; providing for disposition of
241revenue; requiring traffic infraction detectors be owned and
242operated by a county or municipality; prohibiting use of fines
243collected as payment for such detectors or related equipment and
244services; providing complaint procedures; providing for the
245Legislature to exclude a county or municipality from the
246program; requiring reports from participating municipalities and
247counties to the department; requiring the department to make
248reports to the Governor and the Legislature; amending s.
249316.0741, F.S.; redefining the


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