Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 2004
       
       
       
       
       
       
                                Barcode 177922                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Policy and Steering Committee on Ways and Means (Altman)
       recommended the following:
       
    1         Senate Substitute for Amendment (106626) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (86) is added to section 316.003,
    7  Florida Statutes, to read:
    8         316.003 Definitions.—The following words and phrases, when
    9  used in this chapter, shall have the meanings respectively
   10  ascribed to them in this section, except where the context
   11  otherwise requires:
   12         (86)TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
   13  installed to work in conjunction with a traffic control signal
   14  and a camera or cameras synchronized to automatically record two
   15  or more sequenced photographic or electronic images or streaming
   16  video of only the rear of a motor vehicle at the time the
   17  vehicle fails to stop behind the stop bar or clearly marked stop
   18  line when facing a traffic control signal steady red light. Any
   19  citation issued by the use of a traffic infraction detector must
   20  include a photograph or other recorded image showing both the
   21  license tag of the offending vehicle and the traffic control
   22  device being violated.
   23         Section 2. Section 316.0076, Florida Statutes, is created
   24  to read:
   25         316.0076Regulation and use of cameras.—Regulation and use
   26  of cameras for enforcing the provisions of this chapter are
   27  expressly preempted to the state.
   28         Section 3. Section 316.0083, Florida Statutes, is created
   29  to read:
   30         316.0083Mark Wandall Traffic Safety Program;
   31  administration; report.—
   32         (1)The department may use traffic infraction detectors to
   33  enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails
   34  to stop at a traffic signal on the State Highway System as
   35  defined in s. 334.03.
   36         (2)Counties and municipalities may use traffic infraction
   37  detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
   38  driver fails to stop at a traffic signal on any highways,
   39  streets or roads located within their boundaries, except the
   40  State Highway System.
   41         (3)(a)For purposes of administering this section, the
   42  department, counties, or municipalities may by rule or ordinance
   43  authorize a traffic infraction enforcement officer to issue a
   44  uniform traffic citation for a violation of s. 316.074(1) or s.
   45  316.075(1)(c)1. The term “traffic infraction enforcement
   46  officer” means the designee of the department, county or
   47  municipality who is authorized to enforce s. 316.074(1) or s.
   48  316.075(1)(c)1. when a driver fails to stop at a traffic signal.
   49  The department, county or municipality may designate traffic
   50  infraction enforcement officers pursuant to s. 316.640(1).
   51         (b)A citation issued under this section shall be issued by
   52  mailing the citation by certified mail, return receipt
   53  requested, to the address of the registered owner of the motor
   54  vehicle involved in the violation. In the case of joint
   55  ownership of a motor vehicle, the traffic citation shall be
   56  mailed to the first name appearing on the registration, unless
   57  the first name appearing on the registration is a business
   58  organization, in which case the second name appearing on the
   59  registration may be used. The citation must be mailed to the
   60  registered owner of the motor vehicle involved in the violation
   61  within 7 business days after the date of the violation. In
   62  addition to the citation, notification must be sent to the
   63  registered owner of the motor vehicle involved in the violation
   64  specifying remedies available under s. 318.18(15).
   65         (c)1.The owner of the motor vehicle involved in the
   66  violation is responsible and liable for paying the citation
   67  issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
   68  when the driver failed to stop at a traffic signal, unless the
   69  owner can establish that:
   70         a.The motor vehicle passed through the intersection in
   71  order to yield right-of-way to an emergency vehicle or as part
   72  of a funeral procession;
   73         b.The motor vehicle passed through the intersection at the
   74  direction of a law enforcement officer;
   75         c.The motor vehicle passed through the intersection due to
   76  a medical emergency;
   77         d.The motor vehicle was, at the time of the violation, in
   78  the care, custody, or control of another person; or
   79         e.A uniform traffic citation was issued by a law
   80  enforcement officer to the driver of the motor vehicle for the
   81  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
   82         2.In order to establish such facts, the owner of the motor
   83  vehicle shall, within 30 days after the date of issuance of the
   84  citation, furnish to the appropriate governmental entity an
   85  affidavit setting forth detailed information supporting an
   86  exemption as provided in this paragraph.
   87         a.Affidavits supporting exemptions under sub-subparagraph
   88  1.d must include the name, address, date of birth, and, if
   89  known, the driver’s license number of the person who leased,
   90  rented, or otherwise had care, custody, or control of the motor
   91  vehicle at the time of the alleged violation. If the vehicle was
   92  stolen at the time of the alleged offense, the affidavit must
   93  include the police report indicating that the vehicle was
   94  stolen.
   95         b.If a citation for a violation of s. 316.074(1) or s.
   96  316.075(1)(c)1. was issued at the location of the violation by a
   97  law enforcement officer, the serial number of the uniform
   98  traffic citation.
   99         c.Upon receipt of an affidavit, the person designated as
  100  having care, custody, and control of the motor vehicle at the
  101  time of the violation may be issued a citation for a violation
  102  of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
  103  stop at a traffic signal. The affidavit is admissible in a
  104  proceeding pursuant to this section for the purpose of providing
  105  proof that the person identified in the affidavit was in actual
  106  care, custody, or control of the motor vehicle. The owner of a
  107  leased vehicle for which a citation is issued for a violation of
  108  s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
  109  stop at a traffic signal is not responsible for paying the
  110  citation and is not required to submit an affidavit as specified
  111  in this subsection if the motor vehicle involved in the
  112  violation is registered in the name of the lessee of such motor
  113  vehicle.
  114         (d)A written report of a traffic infraction enforcement
  115  officer, along with photographic or electronic images or
  116  streaming video evidence that a violation of s. 316.074(1) or s.
  117  316.075(1)(c)1. when the driver failed to stop at a traffic
  118  signal has occurred, is admissible in any proceeding to enforce
  119  this section and raises a rebuttable presumption that the motor
  120  vehicle named in the report or shown in the photographic or
  121  electronic images or streaming video evidence was used in
  122  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
  123  failed to stop at a traffic signal.
  124         (4)The submission of a false affidavit is a misdemeanor of
  125  the second degree, punishable as provided in s. 775.082 or s.
  126  775.083.
  127         (5)This section supplements the enforcement of s.
  128  316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
  129  when a driver fails to stop at a traffic signal, and this
  130  section does not prohibit a law enforcement officer from issuing
  131  a citation for a violation of s. 316.074(1) or s.
  132  316.075(1)(c)1. when a driver fails to stop at a traffic signal
  133  in accordance with normal traffic-enforcement techniques.
  134         (6)(a)Each county or municipality that operates a traffic
  135  infraction detector shall submit an annual report to the
  136  department which details the results of using the traffic
  137  infraction detector and the procedures for enforcement. The
  138  information submitted by the counties and municipalities must
  139  include statistical data and information required by the
  140  department to complete the report and be submitted no later than
  141  90 days prior to the due date of the annual report.
  142         (b)The department shall provide an annual summary report
  143  to the Governor, the President of the Senate, and the Speaker of
  144  the House of Representatives regarding the use and operation of
  145  traffic infraction detectors under this section. The summary
  146  report must include a review of the information submitted to the
  147  department by the counties and municipalities and must describe
  148  the enhancement of the traffic safety and enforcement programs.
  149  The department shall report its recommendations, including any
  150  necessary legislation, on or before December 1, 2010, to the
  151  Governor, the President of the Senate, and the Speaker of the
  152  House of Representatives.
  153         (7)Any governmental entity may supply the department with
  154  data that is machine readable by the department's computer
  155  system, listing persons who have one or more outstanding
  156  violations of this section. Pursuant to s. 320.03(8), those
  157  persons may not be issued a license plate or revalidation
  158  sticker for any motor vehicle.
  159         Section 4. Subsection (6) of section 316.0745, Florida
  160  Statutes, is amended to read:
  161         316.0745 Uniform signals and devices.—
  162         (6)(a) Any system of traffic control devices controlled and
  163  operated from a remote location by electronic computers or
  164  similar devices must shall meet all requirements established for
  165  the uniform system, and, if where such a system affects systems
  166  affect the movement of traffic on state roads, the design of the
  167  system must shall be reviewed and approved by the Department of
  168  Transportation.
  169         (b)Any traffic infraction detector deployed on the
  170  highways, streets and roads of the state must meet
  171  specifications established by the Department of Transportation
  172  and must be tested at regular intervals according to procedures
  173  prescribed by that department. However, any such equipment
  174  acquired by purchase, lease, or other arrangement under an
  175  agreement entered into by a county or municipality before the
  176  effective date of this act or equipment used to enforce an
  177  ordinance enacted by a county or municipality before the
  178  effective date of this act is not required to meet the
  179  specifications established by the Department of Transportation
  180  until September 30, 2010
  181         Section 5. Section 316.0776, Florida Statutes, is created
  182  to read:
  183         316.0776Traffic infraction detectors; placement and
  184  installation.—Placement and installation of traffic infraction
  185  detectors is allowed on the State Highway System, county roads,
  186  and municipal streets under specifications developed by the
  187  Department of Transportation, so long as safety and operation of
  188  the road facility is not impaired.
  189         Section 6. Paragraph (b) of subsection (1) of section
  190  316.640, Florida Statutes, is amended to read:
  191         316.640 Enforcement.—The enforcement of the traffic laws of
  192  this state is vested as follows:
  193         (1) STATE.—
  194         (b)1. The Department of Transportation has authority to
  195  enforce on all the streets and highways of this state all laws
  196  applicable within its authority.
  197         2.a. The Department of Transportation shall develop
  198  training and qualifications standards for toll enforcement
  199  officers whose sole authority is to enforce the payment of tolls
  200  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  201  construed to permit the carrying of firearms or other weapons,
  202  nor shall a toll enforcement officer have arrest authority.
  203         b. For the purpose of enforcing s. 316.1001, governmental
  204  entities, as defined in s. 334.03, which own or operate a toll
  205  facility may employ independent contractors or designate
  206  employees as toll enforcement officers; however, any such toll
  207  enforcement officer must successfully meet the training and
  208  qualifications standards for toll enforcement officers
  209  established by the Department of Transportation.
  210         3.aThe department shall develop training and
  211  qualifications standards for traffic infraction enforcement
  212  officers whose sole authority is to enforce s. 316.074(1) or s.
  213  316.075(1)(c)1. when a driver fails to stop at a traffic signal
  214  pursuant to s. 316.0083. This subparagraph does not authorize
  215  the carrying of firearms or other weapons by a traffic
  216  infraction enforcement officer and does not authorize a traffic
  217  infraction enforcement officer to make arrests.
  218         b.For the purpose of enforcing s. 316.0083, the
  219  department, counties or municipalities may employ independent
  220  contractors or designate employees as traffic infraction
  221  enforcement officers; however, any such traffic infraction
  222  enforcement officer must successfully meet the training and
  223  qualifications standards for traffic infraction enforcement
  224  officers established by the department.
  225         Section 7. Subsection (3) of section 316.650, Florida
  226  Statutes, is amended to read:
  227         316.650 Traffic citations.—
  228         (3)(a) Except for a traffic citation issued pursuant to s.
  229  316.1001 and s. 316.0083, each traffic enforcement officer, upon
  230  issuing a traffic citation to an alleged violator of any
  231  provision of the motor vehicle laws of this state or of any
  232  traffic ordinance of any municipality or town, shall deposit the
  233  original traffic citation or, in the case of a traffic
  234  enforcement agency that has an automated citation issuance
  235  system, the chief administrative officer shall provide by an
  236  electronic transmission a replica of the citation data to a
  237  court having jurisdiction over the alleged offense or with its
  238  traffic violations bureau within 5 days after issuance to the
  239  violator.
  240         (b) If a traffic citation is issued pursuant to s.
  241  316.1001, a traffic enforcement officer may deposit the original
  242  traffic citation or, in the case of a traffic enforcement agency
  243  that has an automated citation system, may provide by an
  244  electronic transmission a replica of the citation data to a
  245  court having jurisdiction over the alleged offense or with its
  246  traffic violations bureau within 45 days after the date of
  247  issuance of the citation to the violator. If the person cited
  248  for the violation of s. 316.1001 makes the election provided by
  249  s. 318.14(12) and pays the $25 fine, or such other amount as
  250  imposed by the governmental entity owning the applicable toll
  251  facility, plus the amount of the unpaid toll that is shown on
  252  the traffic citation directly to the governmental entity that
  253  issued the citation, or on whose behalf the citation was issued,
  254  in accordance with s. 318.14(12), the traffic citation will not
  255  be submitted to the court, the disposition will be reported to
  256  the department by the governmental entity that issued the
  257  citation, or on whose behalf the citation was issued, and no
  258  points will be assessed against the person’s driver’s license.
  259         (c)If a traffic citation is issued under s. 316.0083, the
  260  traffic infraction enforcement officer shall provide by
  261  electronic transmission a replica of the citation data to the
  262  court having jurisdiction over the alleged offense or its
  263  traffic violations bureau within 5 business days after the date
  264  of issuance of the citation to the violator.
  265         Section 8. Subsection (2) of section 318.14, Florida
  266  Statutes, is amended to read:
  267         318.14 Noncriminal traffic infractions; exception;
  268  procedures.—
  269         (2) Except as provided in s. 316.1001(2) and s.
  270  316.0083(3), any person cited for an infraction under this
  271  section must sign and accept a citation indicating a promise to
  272  appear. The officer may indicate on the traffic citation the
  273  time and location of the scheduled hearing and must indicate the
  274  applicable civil penalty established in s. 318.18.
  275         Section 9. Subsection (15) of section 318.18, Florida
  276  Statutes, is amended to read:
  277         318.18 Amount of penalties.—The penalties required for a
  278  noncriminal disposition pursuant to s. 318.14 or a criminal
  279  offense listed in s. 318.17 are as follows:
  280         (15)(a) One hundred fifty twenty-five dollars for a
  281  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  282  has failed to stop at a traffic signal and when enforced by a
  283  law enforcement officer. Sixty dollars shall be distributed as
  284  provided in s. 318.21, $25 shall be distributed to the General
  285  Revenue Fund, and the remaining $65 shall be remitted to the
  286  Department of Revenue for deposit into the Administrative Trust
  287  Fund of the Department of Health.
  288         (b)One Hundred Fifty dollars for a violation of s.
  289  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  290  stop at a traffic signal and when enforced by the department's
  291  traffic infraction enforcement officer shall be distributed to
  292  the General Revenue Fund.
  293         (c)One Hundred Fifty dollars for a violation of s.
  294  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  295  stop at a traffic signal and when enforced by a county or
  296  municipality's traffic infraction enforcement officer. Seventy
  297  dollars shall be distributed to the county or municipality
  298  issuing the citation and the remaining $80 shall be distributed
  299  to the General Revenue Fund.
  300         (d)If a person who is cited for a violation of s.
  301  316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
  302  infraction enforcement officer under s. 316.0083, presents
  303  documentation from the appropriate governmental entity that the
  304  uniform traffic citation was in error, the clerk of court may
  305  dismiss the case. The clerk of court shall not charge for this
  306  service.
  307         Section 10. Paragraph (d) of subsection (3) of section
  308  322.27, Florida Statutes, is amended to read:
  309         322.27 Authority of department to suspend or revoke
  310  license.—
  311         (3) There is established a point system for evaluation of
  312  convictions of violations of motor vehicle laws or ordinances,
  313  and violations of applicable provisions of s. 403.413(6)(b) when
  314  such violations involve the use of motor vehicles, for the
  315  determination of the continuing qualification of any person to
  316  operate a motor vehicle. The department is authorized to suspend
  317  the license of any person upon showing of its records or other
  318  good and sufficient evidence that the licensee has been
  319  convicted of violation of motor vehicle laws or ordinances, or
  320  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  321  more points as determined by the point system. The suspension
  322  shall be for a period of not more than 1 year.
  323         (d) The point system shall have as its basic element a
  324  graduated scale of points assigning relative values to
  325  convictions of the following violations:
  326         1. Reckless driving, willful and wanton—4 points.
  327         2. Leaving the scene of a crash resulting in property
  328  damage of more than $50—6 points.
  329         3. Unlawful speed resulting in a crash—6 points.
  330         4. Passing a stopped school bus—4 points.
  331         5. Unlawful speed:
  332         a. Not in excess of 15 miles per hour of lawful or posted
  333  speed—3 points.
  334         b. In excess of 15 miles per hour of lawful or posted
  335  speed—4 points.
  336         6. A violation of a traffic control signal device as
  337  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  338  However, no points shall be imposed for a violation of s.
  339  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  340  stop at a traffic signal and when enforced by a traffic
  341  infraction enforcement officer.
  342         7. All other moving violations (including parking on a
  343  highway outside the limits of a municipality)—3 points. However,
  344  no points shall be imposed for a violation of s. 316.0741 or s.
  345  316.2065(12).
  346         8. Any moving violation covered above, excluding unlawful
  347  speed, resulting in a crash—4 points.
  348         9. Any conviction under s. 403.413(6)(b)—3 points.
  349         10. Any conviction under s. 316.0775(2)—4 points.
  350         Section 11. If any provision of this act or its application
  351  to any person or circumstance is held invalid, the invalidity
  352  does not affect other provisions or applications of this act
  353  which can be given effect without the invalid provision or
  354  application, and to this end the provisions of this act are
  355  severable.
  356         Section 12. This act shall take effect upon becoming a law.
  357  
  358  ================= T I T L E  A M E N D M E N T ================
  359         And the title is amended as follows:
  360         Delete everything before the enacting clause
  361  and insert:
  362                        A bill to be entitled                      
  363         An act relating to uniform traffic control; amending s.
  364  316.003, F.S.; defining the term “traffic infraction detector”;
  365  creating s. 316.0076, F.S.; preempting to the state the use of
  366  cameras to enforce traffic laws; creating s. 316.0083, F.S.;
  367  creating the Mark Wandall Traffic Safety Program; authorizing
  368  the Department of Highway Safety and Motor Vehicles, a county or
  369  municipality to use a traffic infraction detector to identify a
  370  motor vehicle that fails to stop at a traffic control signal
  371  steady red light; requiring authorization of a traffic
  372  infraction enforcement officer to issue and enforce a citation
  373  for such violation; providing exemptions from citations;
  374  providing procedures for disposition and enforcement of
  375  citations; providing certain evidence is admissible for
  376  enforcement; providing penalties for submission of a false
  377  affidavit; providing this section does not preclude the issuance
  378  of citations by law enforcement officers; establishing a fine of
  379  a certain amount; providing for disposition of revenue
  380  collected; providing for the Legislature to exclude a county or
  381  municipality from the program; requiring reports from
  382  participating municipalities and counties to the department;
  383  requiring the department to make reports to the Governor and the
  384  Legislature; providing certain persons may not be issued a
  385  license plate or revalidation sticker; amending s. 316.0745,
  386  F.S.; providing that traffic infraction detectors must meet
  387  certain specifications; providing for preexisting equipment;
  388  creating s. 316.0776, F.S.; providing for placement and
  389  installation of detectors on certain roads; amending s. 316.640,
  390  F.S.; requiring the Department of Highway Safety and Motor
  391  Vehicles to develop training and qualification standards for
  392  traffic infraction enforcement officers; amending s. 316.650,
  393  F.S., providing an exception; requiring a traffic enforcement
  394  agency to provide a replica of the citation data by electronic
  395  transmission under certain conditions; amending s. 318.14, F.S.,
  396  providing a exception from requiring a person cited for an
  397  infraction for failing to stop at a traffic control signal
  398  steady red light to sign and accept a citation indicating a
  399  promise to appear; amending s. 318.18, F.S.; increasing certain
  400  fines; providing for penalties for infractions enforced by a
  401  traffic infraction enforcement officer; providing for
  402  distribution of fines; allowing the clerk of court to dismiss
  403  certain cases upon receiving documentation the uniform traffic
  404  citation was issued in error; amending s. 322.27, F.S.;
  405  providing no points may be assessed against the drivers license
  406  for infractions enforced by a traffic infraction enforcement
  407  officer; providing for severability; providing an effective
  408  date.