1

The Committee on Transportation and Economic Development

2

Appropriations (Margolis) recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 721 and 722

6

insert:

7

8

     Section 15.  Subsection (86) is added to section 316.003,

9

Florida Statutes, to read:

10

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

11

used in this chapter, shall have the meanings respectively

12

ascribed to them in this section, except where the context

13

otherwise requires:

14

     (86) TRAFFIC INFRACTION DETECTOR.--A device using a vehicle

15

sensor installed to work in conjunction with a traffic control

16

signal and a camera that are synchronized to automatically record

17

two or more sequenced photographic or electronic images or

18

streaming video of only the rear of a motor vehicle at the time

19

the vehicle fails to stop behind the stop bar or clearly marked

20

stop line when facing a traffic control signal steady red light.

21

     Section 16.  Section 316.0083, Florida Statutes, is created

22

to read:

23

     316.0083 Regulation and use of cameras for enforcement of

24

provisions of this chapter.--

25

     (1) The regulation and use of cameras for enforcing the

26

provisions of this chapter are expressly preempted to the state.

27

     (2) The department, the Department of Transportation,

28

counties, and municipalities may use traffic infraction detectors

29

to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver

30

fails to stop at a traffic signal.

31

     (3)(a) For purposes of administering this section, the

32

department, the Department of Transportation, counties, and

33

municipalities may by rule or ordinance authorize a traffic

34

infraction enforcement officer to issue a uniform traffic

35

citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

36

If the driver of the motor vehicle receives a uniform traffic

37

citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

38

issued by a law enforcement officer, then a uniform traffic

39

citation may not be issued by an infraction enforcement officer.

40

The term "traffic infraction enforcement officer" means the

41

designee of the department, the Department of Transportation, a

42

county, or a municipality who is authorized to enforce s.

43

316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a

44

traffic signal. The department, the Department of Transportation,

45

counties, and municipalities may designate traffic infraction

46

enforcement officers pursuant to s. 316.640(1).

47

     (b) A citation issued under this section shall be issued by

48

mailing the citation by first-class mail or certified mail,

49

return receipt requested, to the address of the registered owner

50

of the motor vehicle involved in the violation. Mailing the

51

citation to this address constitutes notification. In the case of

52

joint ownership of a motor vehicle, the traffic citation shall be

53

mailed to the first name appearing on the registration, unless

54

the first name appearing on the registration is a business

55

organization, in which case the second name appearing on the

56

registration may be used. The citation must be mailed to the

57

registered owner of the motor vehicle involved in the violation

58

within 7 days after the date of the violation. Notice of and

59

instructions for accessing a secure website displaying a 10-

60

second video of the violation shall be provided with the

61

citation.

62

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

63

violation is responsible and liable for paying the citation

64

issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

65

when the driver failed to stop at a traffic signal, unless the

66

owner can establish that the motor vehicle was, at the time of

67

the violation, in the care, custody, or control of another

68

person. In order to establish such facts, the owner of the motor

69

vehicle shall, within 14 days after the date of issuance of the

70

citation, furnish to the appropriate governmental entity an

71

affidavit setting forth:

72

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

73

driver's license number of the person who leased, rented, or

74

otherwise had care, custody, or control of the motor vehicle at

75

the time of the alleged violation;

76

     2. If the vehicle was stolen at the time of the alleged

77

offense, the police report indicating that the vehicle was

78

stolen; or

79

     3. If a citation for a violation of s. 316.074(1) or s.

80

316.075(1)(c)1. was issued at the location of the violation by a

81

law enforcement officer, the serial number of the uniform traffic

82

citation.

83

84

Upon receipt of an affidavit, the person designated as having

85

care, custody, and control of the motor vehicle at the time of

86

the violation may be issued a citation for a violation of s.

87

316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop

88

at a traffic signal. The affidavit is admissible in a proceeding

89

pursuant to this section for the purpose of providing proof that

90

the person identified in the affidavit was in actual care,

91

custody, or control of the motor vehicle. The owner of a leased

92

vehicle for which a citation is issued for a violation of s.

93

316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop

94

at a traffic signal is not responsible for paying the citation

95

and is not required to submit an affidavit as specified in this

96

subsection if the motor vehicle involved in the violation is

97

registered in the name of the lessee of such motor vehicle.

98

     (d) A written report of a traffic infraction enforcement

99

officer, along with photographic or electronic images or

100

streaming video evidence that a violation of s. 316.074(1) or s.

101

316.075(1)(c)1. when the driver failed to stop at a traffic

102

signal has occurred, is admissible in any proceeding to enforce

103

this section and raises a rebuttable presumption that the motor

104

vehicle named in the report or shown in the photographic or

105

electronic images or streaming video evidence was used in

106

violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver

107

failed to stop at a traffic signal.

108

     (4) The submission of a false affidavit is a misdemeanor of

109

the second degree, punishable as provided in s. 775.082 or s.

110

775.083.

111

     (5) This section supplements the enforcement of s.

112

316.074(1) or s. 316.075(1)(c)1. by law enforcement officers when

113

a driver fails to stop at a traffic signal, and this section does

114

not prohibit a law enforcement officer from issuing a citation

115

for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a

116

driver fails to stop at a traffic signal in accordance with

117

normal traffic-enforcement techniques.

118

     (6)(a) The Department of Transportation shall, on or before

119

October 1, 2008, adopt and publish minimum specifications for the

120

operation and implementation of traffic infraction detectors on

121

the streets and highways of the state. The minimum specifications

122

shall, insofar as is practicable, conform to the Traffic

123

Engineering Manual of the Department of Transportation and shall

124

be revised from time to time to include changes necessary to

125

conform to any uniform national system or to meet local or state

126

needs. The specifications shall include, but need not be limited

127

to, the size and purpose of stop bars, the duration time of

128

signal phases, signage and other public awareness requirements,

129

the amount of before and after photographic or electronic imaging

130

or streaming video needed, yellow light duration time, and

131

location of the rear tires in relation to the stop bar. The

132

Department of Transportation shall require mandatory reporting of

133

all accidents at the intersections using traffic infraction

134

detectors and shall provide information relating to those

135

accidents to the Legislature by March 1, 2010. The Department of

136

Transportation may call upon representatives of local authorities

137

to assist in preparing or revising the uniform specifications of

138

traffic infraction detectors.

139

     (b) All traffic infraction detectors operated or

140

implemented in this state by any public body or official must

141

conform with the specifications for operation and implementation

142

of traffic infraction detectors published by the Department of

143

Transportation pursuant to this subsection.

144

     (c) A public body or official may not operate or implement

145

a traffic infraction detector in this state unless it conforms to

146

the specifications published by the Department of Transportation.

147

A public body may not sell a traffic infraction detector to any

148

nongovernmental entity or person.

149

     (d) Before installing a traffic infraction detector at an

150

intersection, a Florida municipal, county, or department traffic

151

engineer must review and certify that all other applicable

152

safety-related engineering measures have been considered. Any

153

manufacturer or vendor that operates or implements a traffic

154

infraction detector without such certification is ineligible to

155

bid or furnish traffic infraction detectors to any public body or

156

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

157

Department of Transportation; however, such period of time may

158

not be less than 1 year following the date of notification of

159

ineligibility.

160

     (e) The Department of Transportation may, after a hearing

161

pursuant to 14 days' notice, direct the removal of any traffic

162

infraction detector wherever located which purportedly fails to

163

meet the specifications of this subsection. The public agency

164

operating or implementing a traffic infraction detector shall

165

immediately remove the traffic infraction detector upon the

166

direction of the Department of Transportation and may not, for a

167

period of 5 years, install any replacement traffic infraction

168

detector unless written prior approval is received from the

169

Department of Transportation. Any additional violation by a

170

public body or official is cause for withholding state funds for

171

traffic control purposes until such public body or official

172

demonstrates to the Department of Transportation that it is

173

complying with this subsection.

174

     (f) The Department of Transportation may authorize the

175

installation of traffic infraction detectors that are not in

176

conformity with the published specifications upon a showing of

177

good cause.

178

     (g) Any traffic infraction detector acquired under a

179

contract entered into by a county or municipality before March 1,

180

2008, is not required to meet the specifications for operation

181

and implementation of traffic infraction detectors published by

182

the Department of Transportation pursuant to this subsection

183

until July 1, 2013.

184

     (7) Any manufacturer or vendor desiring to bid for the

185

performance of operating or implementing a traffic infraction

186

detector must first be qualified by the Department of

187

Transportation and without such qualification is ineligible to

188

bid or furnish traffic infraction detectors to any public body or

189

official in this state. A manufacturer or vendor may not receive

190

a fee based upon the number of citations issued.

191

     Section 17.  Paragraph (b) of subsection (1) of section

192

316.650, Florida Statutes, is amended to read:

193

     316.640  Enforcement.--The enforcement of the traffic laws

194

of this state is vested as follows:

195

     (1)  STATE.--

196

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

197

enforce on all the streets and highways of this state all laws

198

applicable within its authority.

199

     2.a.  The Department of Transportation shall develop

200

training and qualifications standards for toll enforcement

201

officers whose sole authority is to enforce the payment of tolls

202

pursuant to s. 316.1001. Nothing in this subparagraph shall be

203

construed to permit the carrying of firearms or other weapons,

204

nor shall a toll enforcement officer have arrest authority.

205

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

206

entities, as defined in s. 334.03, which own or operate a toll

207

facility may employ independent contractors or designate

208

employees as toll enforcement officers; however, any such toll

209

enforcement officer must successfully meet the training and

210

qualifications standards for toll enforcement officers

211

established by the Department of Transportation.

212

     3.a The Department of Transportation shall develop training

213

and qualifications standards for traffic infraction enforcement

214

officers whose sole authority is to enforce s. 316.074(1) or s.

215

316.075(1)(c)1. when a driver fails to stop at a traffic signal

216

pursuant to s. 316.0083. This subparagraph does not authorize the

217

carrying of firearms or other weapons by a traffic infraction

218

enforcement officer and does not authorize a traffic infraction

219

enforcement officer to make arrests.

220

     b. For the purpose of enforcing s. 316.0083, the

221

department, the Department of Transportation, counties, and

222

municipalities may designate employees as traffic infraction

223

enforcement officers; however, any such traffic infraction

224

enforcement officer must successfully meet the training and

225

qualifications standards for traffic infraction enforcement

226

officers established by the Department of Transportation.

227

     Section 18.  Subsection (15) of section 318.18, Florida

228

Statutes, is amended to read:

229

     318.18  Amount of penalties.--The penalties required for a

230

noncriminal disposition pursuant to s. 318.14 or a criminal

231

offense listed in s. 318.17 are as follows:

232

     (15)(a) One hundred twenty-five dollars for a violation of

233

s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to

234

stop at a traffic signal and when enforced by a law enforcement

235

officer. Sixty dollars shall be distributed as provided in s.

236

318.21, and the remaining $65 shall be remitted to the Department

237

of Revenue for deposit into the Administrative Trust Fund of the

238

Department of Health.

239

     (b) Sixty dollars for each violation of s. 316.074(1) or s.

240

316.075(1)(c)1. when a driver has failed to stop at a traffic

241

signal and when enforced by a traffic infraction enforcement

242

officer and, nothwithstanding any other provision of law, all

243

sixty dollars shall be distributed in the same manner as the

244

applicable municipal or county parking ordinance.

245

246

Except for s. 318.121 and 318.1215, no other fees may be charged

247

by any entity for a violation of s. 316.074(1) or s.

248

316.075(1)(c)1. when enforced by a traffic infraction enforcement

249

officer.

250

     Section 19.  Paragraph (d) of subsection (3) of section

251

322.27, Florida Statutes, is amended to read:

252

     322.27  Authority of department to suspend or revoke

253

license.--

254

     (3)  There is established a point system for evaluation of

255

convictions of violations of motor vehicle laws or ordinances,

256

and violations of applicable provisions of s. 403.413(6)(b) when

257

such violations involve the use of motor vehicles, for the

258

determination of the continuing qualification of any person to

259

operate a motor vehicle. The department is authorized to suspend

260

the license of any person upon showing of its records or other

261

good and sufficient evidence that the licensee has been convicted

262

of violation of motor vehicle laws or ordinances, or applicable

263

provisions of s. 403.413(6)(b), amounting to 12 or more points as

264

determined by the point system. The suspension shall be for a

265

period of not more than 1 year.

266

     (d)  The point system shall have as its basic element a

267

graduated scale of points assigning relative values to

268

convictions of the following violations:

269

     1.  Reckless driving, willful and wanton--4 points.

270

     2.  Leaving the scene of a crash resulting in property

271

damage of more than $50--6 points.

272

     3.  Unlawful speed resulting in a crash--6 points.

273

     4.  Passing a stopped school bus--4 points.

274

     5.  Unlawful speed:

275

     a.  Not in excess of 15 miles per hour of lawful or posted

276

speed--3 points.

277

     b.  In excess of 15 miles per hour of lawful or posted

278

speed--4 points.

279

     6.  A violation of a traffic control signal device as

280

provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

281

However, no points shall be imposed for a violation of s.

282

316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop

283

at a traffic signal and when enforced by a traffic infraction

284

enforcement officer.

285

     7.  All other moving violations (including parking on a

286

highway outside the limits of a municipality)--3 points. However,

287

no points shall be imposed for a violation of s. 316.0741 or s.

288

316.2065(12).

289

     8.  Any moving violation covered above, excluding unlawful

290

speed, resulting in a crash--4 points.

291

     9.  Any conviction under s. 403.413(6)(b)--3 points.

292

     10.  Any conviction under s. 316.0775(2)--4 points.

293

     Section 20. The Department of Highway Safety and Motor

294

Vehicles and the Department of Transportation shall jointly

295

submit a report on the efficacy of traffic infraction detectors

296

in enhancing public safety to the Governor, the President of the

297

Senate, and the Speaker of the House of Representatives on or

298

before January 1, 2013.

299

300

301

302

================ T I T L E  A M E N D M E N T ================

303

And the title is amended as follows:

304

     On line 47, after the semicolon

305

insert:

306

amending s. 316.003, F.S.; defining the term "traffic

307

infraction detector"; creating s. 316.0083, F.S.;

308

preempting to the state the use of cameras to enforce

309

traffic laws; authorizing the use of traffic infraction

310

detectors and traffic enforcement officers by the

311

Department of Highway Safety and Motor Vehicles, the

312

Department of Transportation, counties, and

313

municipalities; providing requirements for notifying a

314

driver of the issuance of a citation; providing that the

315

owner of the motor vehicle involved in a violation is

316

responsible and liable for payment of the fine assessed;

317

providing exceptions; establishing admissibility of

318

evidence as a rebuttable presumption of a violation;

319

providing that submission of a false affidavit constitutes

320

a second-degree misdemeanor; requiring the Department of

321

Transportation to adopt and publish specifications

322

relating to the operation and implementation of traffic

323

infraction detectors; requiring that the specifications

324

conform to certain minimum requirements; requiring the

325

certification of a location by a traffic engineer before a

326

detector is installed; authorizing the Department of

327

Transportation to direct the removal of a detector that

328

fails to meet the required specifications; authorizing the

329

department to allow the installation of a detector that

330

does not conform to the required specification upon a

331

showing of good cause; exempting certain existing traffic

332

infraction detectors from the requirements for meeting the

333

department's specifications for a specified period;

334

requiring the qualification of vendors by the Department

335

of Transportation; amending s. 316.640, F.S.; directing

336

the Department of Transportation to develop training and

337

qualifications for traffic infraction enforcement

338

officers; amending s. 318.18, F.S.; providing for

339

penalties and distribution of fines for failing to stop at

340

a traffic signal when such violation is enforced by a

341

traffic infraction enforcement officer; amending s.

342

322.27, F.S.; prohibiting the imposition of points against

343

a violator's driver's license for infractions enforced by

344

a traffic infraction enforcement officer; directing the

345

Department of Highway Safety and Motor Vehicles and the

346

Department of Transportation to jointly report the

347

efficacy of traffic infraction detectors on or before a

348

specified date;

4/21/2008  9:38:00 AM     TR.TA.08127