| 1 | A bill to be entitled |
| 2 | An act relating to uniform traffic control; creating the |
| 3 | "Mark Wandall Traffic Safety Act"; amending s. 316.003, |
| 4 | F.S.; defining the term "traffic infraction detector"; |
| 5 | creating s. 316.0083, F.S.; creating the Mark Wandall |
| 6 | Traffic Safety Program to be administered by the |
| 7 | Department of Highway Safety and Motor Vehicles; requiring |
| 8 | a county or municipality to enact an ordinance in order to |
| 9 | use a traffic infraction detector to identify a motor |
| 10 | vehicle that fails to stop at a traffic control signal |
| 11 | steady red light; requiring authorization of a traffic |
| 12 | infraction enforcement officer or a code enforcement |
| 13 | officer to issue and enforce a ticket for such violation; |
| 14 | requiring signage; requiring certain public awareness |
| 15 | procedures; requiring the ordinance to establish a fine of |
| 16 | a certain amount and require the vehicle owner to attend a |
| 17 | driver improvement course; requiring the ordinance to |
| 18 | provide for installing, maintaining, and operating traffic |
| 19 | infraction detectors on rights-of-way owned or maintained |
| 20 | by the Department of Transportation or the county; |
| 21 | requiring the county or Department of Transportation to |
| 22 | issue permits for the installation; prohibiting additional |
| 23 | charges; exempting emergency vehicles; providing that the |
| 24 | registered owner of the motor vehicle involved in the |
| 25 | violation is responsible and liable for payment of the |
| 26 | fine assessed; providing exceptions; providing procedures |
| 27 | for disposition and enforcement of tickets; providing for |
| 28 | disposition of revenue collected; providing complaint |
| 29 | procedures; providing for the Legislature to exclude a |
| 30 | county or municipality from the program; requiring reports |
| 31 | from participating municipalities and counties to the |
| 32 | department; requiring the department to make reports to |
| 33 | the Governor and the Legislature; amending s. 316.0745, |
| 34 | F.S.; providing that traffic infraction detectors must |
| 35 | meet certain requirements; providing for preexisting |
| 36 | equipment; amending s. 316.1967, F.S.; providing for |
| 37 | inclusion of persons with outstanding violations in a list |
| 38 | sent to the department for enforcement purposes; amending |
| 39 | s. 320.03, F.S.; requiring certain persons to provide |
| 40 | proof of compliance with the requirement to attend a |
| 41 | driver improvement course before a license plate or |
| 42 | revalidation sticker may be issued; providing for |
| 43 | severability; providing an effective date. |
| 44 |
|
| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
|
| 47 | Section 1. This act may be cited as the "Mark Wandall |
| 48 | Traffic Safety Act." |
| 49 | Section 2. Subsection (86) is added to section 316.003, |
| 50 | Florida Statutes, to read: |
| 51 | 316.003 Definitions.--The following words and phrases, |
| 52 | when used in this chapter, shall have the meanings respectively |
| 53 | ascribed to them in this section, except where the context |
| 54 | otherwise requires: |
| 55 | (86) TRAFFIC INFRACTION DETECTOR.--A device that uses a |
| 56 | vehicle sensor installed to work in conjunction with a traffic |
| 57 | control signal and a camera or cameras synchronized to |
| 58 | automatically record two or more sequenced photographic or |
| 59 | electronic images or streaming video of only the rear of a motor |
| 60 | vehicle at the time the vehicle fails to stop behind the stop |
| 61 | bar or clearly marked stop line when facing a traffic control |
| 62 | signal steady red light. Any ticket issued by the use of a |
| 63 | traffic infraction detector must include a photograph or other |
| 64 | recorded image showing both the license tag of the offending |
| 65 | vehicle and the traffic control device being violated. |
| 66 | Section 3. Section 316.0083, Florida Statutes, is created |
| 67 | to read: |
| 68 | 316.0083 Mark Wandall Traffic Safety Program; |
| 69 | administration; report.-- |
| 70 | (1) There is created the Mark Wandall Traffic Safety |
| 71 | Program governing the operation of traffic infraction detectors. |
| 72 | The program shall be administered by the Department of Highway |
| 73 | Safety and Motor Vehicles and shall include the following |
| 74 | provisions: |
| 75 | (a) In order to use a traffic infraction detector, a |
| 76 | county or municipality must enact an ordinance that provides for |
| 77 | the use of a traffic infraction detector to enforce s. |
| 78 | 316.075(1)(c), which requires the driver of a vehicle to stop |
| 79 | the vehicle when facing a traffic control signal steady red |
| 80 | light on the streets and highways under the jurisdiction of the |
| 81 | county or municipality. A county or municipality that operates a |
| 82 | traffic infraction detector must authorize a traffic infraction |
| 83 | enforcement officer or a code enforcement officer to issue a |
| 84 | ticket for a violation of s. 316.075(1)(c) and to enforce the |
| 85 | payment of the ticket for such violation. This paragraph does |
| 86 | not authorize a traffic infraction enforcement officer or a code |
| 87 | enforcement officer to carry a firearm or other weapon and does |
| 88 | not authorize such an officer to make arrests. The ordinance |
| 89 | must require signs to be posted at locations designated by the |
| 90 | county or municipality providing notification that a traffic |
| 91 | infraction detector may be in use. Such signage must conform to |
| 92 | the standards and requirements adopted by the Department of |
| 93 | Transportation under s. 316.0745. The ordinance must also |
| 94 | require that the county or municipality make a public |
| 95 | announcement and conduct a public awareness campaign of the |
| 96 | proposed use of traffic infraction detectors at least 30 days |
| 97 | before commencing the enforcement program. In addition, the |
| 98 | ordinance must establish a fine of $150 to be assessed against |
| 99 | the registered owner of a motor vehicle that fails to stop when |
| 100 | facing a traffic control signal steady red light as determined |
| 101 | through the use of a traffic infraction detector and must |
| 102 | require the motor vehicle owner to attend a basic driver |
| 103 | improvement course approved by the department. Any other |
| 104 | provision of law to the contrary notwithstanding, an additional |
| 105 | surcharge, fee, or cost may not be added to the civil penalty |
| 106 | authorized by this paragraph. |
| 107 | (b) When responding to an emergency call, an emergency |
| 108 | vehicle is exempt from any ordinance enacted under this section. |
| 109 | (c) A county or municipality must adopt an ordinance under |
| 110 | this section that provides for the use of a traffic infraction |
| 111 | detector in order to impose a fine on the registered owner of a |
| 112 | motor vehicle for a violation of s. 316.075(1)(c). The fine |
| 113 | shall be imposed in the same manner and is subject to the same |
| 114 | limitations as provided for parking violations under s. |
| 115 | 316.1967. Each registered owner of a motor vehicle upon whom a |
| 116 | fine is imposed for violation of s. 316.075(1)(c) shall be |
| 117 | required to attend a basic driver improvement course. Except as |
| 118 | specifically provided in this section, chapter 318 and s. 322.27 |
| 119 | do not apply to a violation of s. 316.075(1)(c) for which a |
| 120 | ticket has been issued under an ordinance enacted pursuant to |
| 121 | this section. Enforcement of a ticket issued under the ordinance |
| 122 | is not a conviction of the operator of the motor vehicle, may |
| 123 | not be made a part of the driving record of the operator, and |
| 124 | may not be used for purposes of setting motor vehicle insurance |
| 125 | rates. Points under s. 322.27 may not be assessed based upon |
| 126 | such enforcement. The ordinance must provide for the county or |
| 127 | municipality to install, maintain, and operate traffic |
| 128 | infraction detectors on right-of-way owned or maintained by the |
| 129 | county or the Department of Transportation in which the traffic |
| 130 | infraction detector is to be installed. The county or the |
| 131 | Department of Transportation shall issue permits to the county |
| 132 | or municipality or its designated agent for the installation of |
| 133 | traffic infraction detectors according to established permitting |
| 134 | standards. |
| 135 | (d) The procedures set forth in s. 316.1967(2)-(5) apply |
| 136 | to an ordinance enacted pursuant to this section, except that |
| 137 | the ticket must contain the name and address of the person |
| 138 | alleged to be liable as the registered owner of the motor |
| 139 | vehicle involved in the violation, the registration number of |
| 140 | the motor vehicle, the violation charged, a copy of the |
| 141 | photographic image or images evidencing the violation, the |
| 142 | location where the violation occurred, the date and time of the |
| 143 | violation, information that identifies the device that recorded |
| 144 | the violation, and a signed statement by a specifically trained |
| 145 | technician employed by the agency or its contractor that, based |
| 146 | on inspection of photographs or other recorded images, the motor |
| 147 | vehicle was being operated in violation of s. 316.075(1)(c). The |
| 148 | ticket must advise the registered owner of the motor vehicle |
| 149 | involved in the violation of the amount of the fine, the date by |
| 150 | which the fine must be paid, the requirement for attending a |
| 151 | basic driver improvement course, and the procedure for |
| 152 | contesting the violation alleged in the ticket. The ticket must |
| 153 | contain a warning that failure to contest the violation in the |
| 154 | manner and time provided is deemed an admission of the liability |
| 155 | and that a default may be entered thereon. The violation shall |
| 156 | be processed by the county or municipality that has jurisdiction |
| 157 | over the street or highway where the violation occurred or by |
| 158 | any entity authorized by the county or municipality to prepare |
| 159 | and mail the ticket. |
| 160 | (e) The ticket shall be sent by first-class mail addressed |
| 161 | to the registered owner of the motor vehicle and postmarked no |
| 162 | later than 30 days after the date of the violation. |
| 163 | (f)1. The registered owner of the motor vehicle involved |
| 164 | in a violation is responsible and liable for payment of the fine |
| 165 | assessed pursuant to this section unless the owner can establish |
| 166 | that: |
| 167 | a. The motor vehicle passed through the intersection in |
| 168 | order to yield right-of-way to an emergency vehicle or as part |
| 169 | of a funeral procession; |
| 170 | b. The motor vehicle passed through the intersection at |
| 171 | the direction of a law enforcement officer; |
| 172 | c. The motor vehicle was stolen at the time of the alleged |
| 173 | violation; |
| 174 | d. A uniform traffic citation was issued to the driver of |
| 175 | the motor vehicle for the alleged violation of s. 316.075(1)(c); |
| 176 | or |
| 177 | e. A medical emergency. |
| 178 | 2. In order to establish any such fact, the registered |
| 179 | owner of the vehicle must, within 30 days after receipt of |
| 180 | notification of the alleged violation, furnish to the county or |
| 181 | municipality, as appropriate, an affidavit that sets forth |
| 182 | detailed information supporting an exemption as provided in sub- |
| 183 | subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c., |
| 184 | or sub-subparagraph 1.d. For an exemption under sub-subparagraph |
| 185 | 1.c., the affidavit must set forth that the vehicle was stolen |
| 186 | and be accompanied by a copy of the police report indicating |
| 187 | that the vehicle was stolen at the time of the alleged |
| 188 | violation. For an exemption under sub-subparagraph 1.d., the |
| 189 | affidavit must set forth that a citation was issued and be |
| 190 | accompanied by a copy of the citation indicating the time of the |
| 191 | alleged violation and the location of the intersection where it |
| 192 | occurred. |
| 193 | (g) A person may contest the determination that such |
| 194 | person failed to stop at a traffic control signal steady red |
| 195 | light as evidenced by a traffic infraction detector by electing |
| 196 | to appear before any judge authorized by law to preside over a |
| 197 | court hearing that adjudicates traffic infractions. A person who |
| 198 | elects to appear before the court to present evidence is deemed |
| 199 | to have waived the limitation of civil penalties imposed for the |
| 200 | violation. The court, after hearing, shall determine whether the |
| 201 | violation was committed and may impose a civil penalty not to |
| 202 | exceed $150 plus costs, and shall order the registered owner of |
| 203 | the motor vehicle to attend a basic driver improvement course if |
| 204 | the court finds that a violation was committed. The court may |
| 205 | take appropriate measures to enforce the collection of any |
| 206 | penalty not paid within the time permitted by the court or |
| 207 | failure by a person to attend a basic driver improvement course |
| 208 | as ordered by the court. |
| 209 | (h) A certificate sworn to or affirmed by a person |
| 210 | authorized under this section who is employed by or under |
| 211 | contract with the county or municipality where the infraction |
| 212 | occurred, or a facsimile thereof that is based upon inspection |
| 213 | of photographs or other recorded images produced by a traffic |
| 214 | infraction detector, is prima facie evidence of the facts |
| 215 | contained in the certificate. A photograph or other recorded |
| 216 | image evidencing a violation of s. 316.075(1)(c) must be |
| 217 | available for inspection in any proceeding to adjudicate |
| 218 | liability under an ordinance enacted pursuant to this section. |
| 219 | (i) In any county or municipality in which tickets are |
| 220 | issued as provided in this section, the names of persons who |
| 221 | have one or more outstanding violations may be included on the |
| 222 | list authorized under s. 316.1967(6). |
| 223 | (j) If the driver of the motor vehicle received a citation |
| 224 | from a traffic enforcement officer at the time of the violation, |
| 225 | a ticket may not be issued pursuant to this section. |
| 226 | (2)(a) Of the fine imposed pursuant to paragraph (1)(a) or |
| 227 | paragraph (1)(g), one-fifth shall be remitted by the county or |
| 228 | municipality to the county court for distribution as provided in |
| 229 | s. 318.21, one-fifth shall be remitted to the Department of |
| 230 | Revenue for deposit into the Department of Health Administrative |
| 231 | Trust Fund, and three-fifths shall be retained by the county or |
| 232 | municipality enforcing the ordinance enacted pursuant to this |
| 233 | section. Funds deposited into the Department of Health |
| 234 | Administrative Trust Fund under this subsection shall be |
| 235 | allocated as follows: |
| 236 | 1. Forty-nine percent shall be allocated equally among all |
| 237 | Level I, Level II, and pediatric trauma centers in recognition |
| 238 | of readiness costs for maintaining trauma services. |
| 239 | 2. Forty-nine percent shall be allocated among Level I, |
| 240 | Level II, and pediatric trauma centers based on each center's |
| 241 | relative volume of trauma cases as reported in the Department of |
| 242 | Health Trauma Registry. |
| 243 | 3. Two percent shall be allocated to non-trauma center |
| 244 | public hospitals based on their proportionate number of |
| 245 | emergency room visits. |
| 246 | (b) Any hospital receiving funds under this section may |
| 247 | request that its allocation under this subsection be remitted to |
| 248 | the Agency for Health Care Administration for use as Grants and |
| 249 | Donations Trust Fund moneys for purposes allowed under the |
| 250 | General Appropriations Act. |
| 251 | (3) A complaint that a county or municipality is employing |
| 252 | traffic infraction detectors for purposes other than the |
| 253 | promotion of public health, welfare, and safety or in a manner |
| 254 | inconsistent with this section may be submitted to the governing |
| 255 | body of such county or municipality. Such complaints, along with |
| 256 | any investigation and corrective action taken by the county or |
| 257 | municipal governing body, shall be included in the annual report |
| 258 | to the department and in the department's annual summary report |
| 259 | to the Governor, the President of the Senate, and the Speaker of |
| 260 | the House Representatives, as required by this section. Based on |
| 261 | its review of the report, the Legislature may exclude a county |
| 262 | or municipality from further participation in the program. |
| 263 | (4)(a) Each county or municipality that operates a traffic |
| 264 | infraction detector shall submit an annual report to the |
| 265 | department that details the results of using the traffic |
| 266 | infraction detector and the procedures for enforcement. |
| 267 | (b) The department shall provide an annual summary report |
| 268 | to the Governor, the President of the Senate, and the Speaker of |
| 269 | the House of Representatives regarding the use and operation of |
| 270 | traffic infraction detectors under this section. The summary |
| 271 | report must include a review of the information submitted to the |
| 272 | department by the counties and municipalities and must describe |
| 273 | the enhancement of the traffic safety and enforcement programs. |
| 274 | The department shall report its recommendations, including any |
| 275 | necessary legislation, on or before December 1, 2010, to the |
| 276 | Governor, the President of the Senate, and the Speaker of the |
| 277 | House of Representatives. |
| 278 | Section 4. Subsection (6) of section 316.0745, Florida |
| 279 | Statutes, is amended to read: |
| 280 | 316.0745 Uniform signals and devices.-- |
| 281 | (6)(a) Any system of traffic control devices controlled |
| 282 | and operated from a remote location by electronic computers or |
| 283 | similar devices must shall meet all requirements established for |
| 284 | the uniform system, and, if where such a system affects systems |
| 285 | affect the movement of traffic on state roads, the design of the |
| 286 | system must shall be reviewed and approved by the Department of |
| 287 | Transportation; however, any such equipment acquired by |
| 288 | purchase, lease, or other arrangement pursuant to an agreement |
| 289 | entered into by a county or municipality prior to the effective |
| 290 | date of this act or equipment used to enforce an ordinance |
| 291 | enacted by a county or municipality prior to the effective date |
| 292 | of this act shall not be required to meet the requirements |
| 293 | established for the uniform system until 1 year after the |
| 294 | effective date of this act. |
| 295 | (b) Any traffic infraction detector deployed on the |
| 296 | streets and highways of the state must meet requirements |
| 297 | established by the Department of Transportation and must be |
| 298 | tested at regular intervals according to procedures prescribed |
| 299 | by that department. |
| 300 | Section 5. Subsection (6) of section 316.1967, Florida |
| 301 | Statutes, is amended to read: |
| 302 | 316.1967 Liability for payment of parking ticket |
| 303 | violations and other parking violations.-- |
| 304 | (6) Any county or municipality may provide by ordinance |
| 305 | that the clerk of the court or the traffic violations bureau |
| 306 | shall supply the department with a magnetically encoded computer |
| 307 | tape reel or cartridge or send by other electronic means data |
| 308 | which is machine readable by the installed computer system at |
| 309 | the department, listing persons who have three or more |
| 310 | outstanding parking violations, including violations of s. |
| 311 | 316.1955, or who have one or more outstanding tickets for a |
| 312 | violation of a traffic control signal steady red light |
| 313 | indication issued pursuant to an ordinance adopted under s. |
| 314 | 316.0083. Each county shall provide by ordinance that the clerk |
| 315 | of the court or the traffic violations bureau shall supply the |
| 316 | department with a magnetically encoded computer tape reel or |
| 317 | cartridge or send by other electronic means data that is machine |
| 318 | readable by the installed computer system at the department, |
| 319 | listing persons who have any outstanding violations of s. |
| 320 | 316.1955 or any similar local ordinance that regulates parking |
| 321 | in spaces designated for use by persons who have disabilities. |
| 322 | The department shall mark the appropriate registration records |
| 323 | of persons who are so reported. Section 320.03(8) applies to |
| 324 | each person whose name appears on the list. |
| 325 | Section 6. Subsection (8) of section 320.03, Florida |
| 326 | Statutes, reads: |
| 327 | 320.03 Registration; duties of tax collectors; |
| 328 | International Registration Plan.-- |
| 329 | (8) If the applicant's name appears on the list referred |
| 330 | to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a |
| 331 | license plate or revalidation sticker may not be issued until |
| 332 | that person's name no longer appears on the list or until the |
| 333 | person presents a receipt from the clerk showing that the fines |
| 334 | outstanding have been paid. An applicant on the list referred to |
| 335 | in s. 316.1967(6) must also provide proof of attending a basic |
| 336 | driver improvement course before a license plate or revalidation |
| 337 | sticker may be issued. This subsection does not apply to the |
| 338 | owner of a leased vehicle if the vehicle is registered in the |
| 339 | name of the lessee of the vehicle. The tax collector and the |
| 340 | clerk of the court are each entitled to receive monthly, as |
| 341 | costs for implementing and administering this subsection, 10 |
| 342 | percent of the civil penalties and fines recovered from such |
| 343 | persons. As used in this subsection, the term "civil penalties |
| 344 | and fines" does not include a wrecker operator's lien as |
| 345 | described in s. 713.78(13). If the tax collector has private tag |
| 346 | agents, such tag agents are entitled to receive a pro rata share |
| 347 | of the amount paid to the tax collector, based upon the |
| 348 | percentage of license plates and revalidation stickers issued by |
| 349 | the tag agent compared to the total issued within the county. |
| 350 | The authority of any private agent to issue license plates shall |
| 351 | be revoked, after notice and a hearing as provided in chapter |
| 352 | 120, if he or she issues any license plate or revalidation |
| 353 | sticker contrary to the provisions of this subsection. This |
| 354 | section applies only to the annual renewal in the owner's birth |
| 355 | month of a motor vehicle registration and does not apply to the |
| 356 | transfer of a registration of a motor vehicle sold by a motor |
| 357 | vehicle dealer licensed under this chapter, except for the |
| 358 | transfer of registrations which is inclusive of the annual |
| 359 | renewals. This section does not affect the issuance of the title |
| 360 | to a motor vehicle, notwithstanding s. 319.23(7)(b). |
| 361 | Section 7. If any provision of this act or its application |
| 362 | to any person or circumstance is held invalid, the invalidity |
| 363 | shall not affect other provisions or applications of this act |
| 364 | which can be given effect without the invalid provision or |
| 365 | application, and to this end the provisions of this act are |
| 366 | declared severable. |
| 367 | Section 8. This act shall take effect upon becoming a law. |