CS/CS/HB 439

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 Transportation; requiring a county or
8	municipality to enact an ordinance in order to use a
9	traffic infraction detector to identify a motor vehicle
10	that fails to stop at a traffic control signal steady red
11	light; requiring such detectors to meet department
12	contract specifications; requiring authorization of a
13	traffic infraction enforcement officer or a code
14	enforcement officer to issue and enforce a ticket for such
15	violation; requiring signage; requiring certain public
16	awareness procedures; requiring the ordinance to establish
17	a fine of a certain amount; requiring the ordinance to
18	provide for installing, maintaining, and operating such
19	detectors on rights-of-way owned or maintained by the
20	Department of Transportation, county, or municipality;
21	prohibiting additional charges; exempting emergency
22	vehicles; providing that the registered owner of the motor
23	vehicle involved in the violation is responsible and
24	liable for payment of the fine assessed; providing
25	exceptions; providing procedures for disposition and
26	enforcement of tickets; providing for a person to contest
27	such ticket; providing for disposition of revenue
28	collected; providing complaint procedures; providing for
29	the Legislature to exclude a county or municipality from
30	the program; requiring reports from participating
31	municipalities and counties to the department; requiring
32	the department to make reports to the Governor and the
33	Legislature; amending s. 316.0745, F.S.; providing that
34	traffic infraction detectors must meet certain
35	specifications; providing for preexisting equipment;
36	creating s. 316.0776, F.S.; providing for placement and
37	installation of detectors on the State Highway System,
38	county roads, and city streets; amending s. 316.1967,
39	F.S.; providing for inclusion of persons with outstanding
40	violations in a list sent to the department for
41	enforcement purposes; amending s. 395.4036, F.S.;
42	providing for distribution of funds to trauma centers,
43	certain hospitals, and certain nursing homes; ratifying
44	prior enforcement actions; providing for severability;
45	providing an effective date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  This act may be cited as the "Mark Wandall
50	Traffic Safety Act."
51	Section 2.  Subsection (86) is added to section 316.003,
52	Florida Statutes, to read:
53	316.003  Definitions.--The following words and phrases,
54	when used in this chapter, shall have the meanings respectively
55	ascribed to them in this section, except where the context
56	otherwise requires:
57	(86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
58	installed to work in conjunction with a traffic control signal
59	and a camera or cameras synchronized to automatically record two
60	or more sequenced photographic or electronic images or streaming
61	video of only the rear of a motor vehicle at the time the
62	vehicle fails to stop behind the stop bar or clearly marked stop
63	line when facing a traffic control signal steady red light. Any
64	ticket issued by the use of a traffic infraction detector must
65	include a photograph or other recorded image showing both the
66	license tag of the offending vehicle and the traffic control
67	device being violated.
68	Section 3.  Section 316.0083, Florida Statutes, is created
69	to read:
70	316.0083  Mark Wandall Traffic Safety Program;
71	administration; report.--
72	(1)  There is created the Mark Wandall Traffic Safety
73	Program governing the operation of traffic infraction detectors.
74	The program shall be administered by the Department of
75	Transportation and shall include the following provisions:
76	(a)  In order to use a traffic infraction detector, a
77	county or municipality must enact an ordinance that provides for
78	the use of a traffic infraction detector to enforce s.
79	316.075(1)(c), which requires the driver of a vehicle to stop
80	the vehicle when facing a traffic control signal steady red
81	light on the streets and highways under the jurisdiction of the
82	county or municipality. The traffic infraction detector must
83	conform to the contract specifications adopted by the Department
84	of Transportation under s. 316.0776. A county or municipality
85	may install such detectors on state, county, or municipal
86	rights-of-way within the boundaries of that county or
87	municipality. Only a municipality may install or authorize the
88	installation of any such detectors within the incorporated area
89	of the municipality. A municipality may authorize the state or
90	county to install such detectors within its incorporated area.
91	Only a county may install or authorize the installation of any
92	such detectors within the unincorporated area of the county. A
93	county may authorize the state to install such detectors in the
94	unincorporated area of the county. A county or municipality that
95	operates a traffic infraction detector must authorize a traffic
96	infraction enforcement officer or a code enforcement officer to
97	issue a ticket for a violation of s. 316.075(1)(c) and to
98	enforce the payment of the ticket for such violation. This
99	paragraph does not authorize a traffic infraction enforcement
100	officer or a code enforcement officer to carry a firearm or
101	other weapon and does not authorize such an officer to make
102	arrests. The ordinance must require signs to be posted at
103	locations designated by the county or municipality providing
104	notification that a traffic infraction detector may be in use.
105	Such signage must conform to the specifications adopted by the
106	Department of Transportation under s. 316.0745. The ordinance
107	must provide for the county or municipality to install,
108	maintain, and operate traffic infraction detectors on a right-
109	of-way owned or maintained by the Department of Transportation
110	or on a right-of-way owned or maintained by the county or
111	municipality in which the traffic infraction detector is to be
112	installed. The ordinance must also require that the county or
113	municipality make a public announcement and conduct a public
114	awareness campaign of the proposed use of traffic infraction
115	detectors at least 30 days before commencing the enforcement
116	program. In addition, the ordinance must establish a fine of
117	$150 to be assessed against the registered owner of a motor
118	vehicle that fails to stop when facing a traffic control signal
119	steady red light as determined through the use of a traffic
120	infraction detector. Any other provision of law to the contrary
121	notwithstanding, an additional surcharge, fee, or cost may not
122	be added to the civil penalty authorized by this paragraph.
123	(b)  When responding to an emergency call, an emergency
124	vehicle is exempt from any ordinance enacted under this section.
125	(c)  A county or municipality must adopt an ordinance under
126	this section that provides for the use of a traffic infraction
127	detector in order to impose a fine on the registered owner of a
128	motor vehicle for a violation of s. 316.075(1)(c). The fine
129	shall be imposed in the same manner and is subject to the same
130	limitations as provided for parking violations under s.
131	316.1967. Except as specifically provided in this section,
132	chapter 318 and s. 322.27 do not apply to a violation of s.
133	316.075(1)(c) for which a ticket has been issued under an
134	ordinance enacted pursuant to this section. Enforcement of a
135	ticket issued under the ordinance is not a conviction of the
136	operator of the motor vehicle, may not be made a part of the
137	driving record of the operator, and may not be used for purposes
138	of setting motor vehicle insurance rates. Points under s. 322.27
139	may not be assessed based upon such enforcement.
140	(d)  The procedures set forth in s. 316.1967(2)-(5) apply
141	to an ordinance enacted pursuant to this section, except that
142	the ticket must contain the name and address of the person
143	alleged to be liable as the registered owner of the motor
144	vehicle involved in the violation, the tag number of the motor
145	vehicle, the violation charged, a copy of the photographic image
146	or images evidencing the violation, the location where the
147	violation occurred, the date and time of the violation,
148	information that identifies the device that recorded the
149	violation, and a signed statement by a specifically trained
150	technician employed by the agency or its contractor that, based
151	on inspection of photographs or other recorded images, the motor
152	vehicle was being operated in violation of s. 316.075(1)(c). The
153	ticket must advise the registered owner of the motor vehicle
154	involved in the violation of the amount of the fine, the date by
155	which the fine must be paid, and the procedure for contesting
156	the violation alleged in the ticket. The ticket must contain a
157	warning that failure to contest the violation in the manner and
158	time provided is deemed an admission of the liability and that a
159	default may be entered thereon. The violation shall be processed
160	by the county or municipality that has jurisdiction over the
161	street or highway where the violation occurred or by any entity
162	authorized by the county or municipality to prepare and mail the
163	ticket.
164	(e)  The ticket shall be sent by first-class mail addressed
165	to the registered owner of the motor vehicle and postmarked no
166	later than 30 days after the date of the violation.
167	(f)1.  The registered owner of the motor vehicle involved
168	in a violation is responsible and liable for payment of the fine
169	assessed pursuant to this section unless the owner can establish
170	that:
171	a.  The motor vehicle passed through the intersection in
172	order to yield right-of-way to an emergency vehicle or as part
173	of a funeral procession;
174	b.  The motor vehicle passed through the intersection at
175	the direction of a law enforcement officer;
176	c.  The motor vehicle was stolen at the time of the alleged
177	violation;
178	d.  A uniform traffic citation was issued to the driver of
179	the motor vehicle for the alleged violation of s. 316.075(1)(c);
180	or
181	e.  A medical emergency.
182	2.  In order to establish any such fact, the registered
183	owner of the vehicle must, within 30 days after receipt of
184	notification of the alleged violation, furnish to the county or
185	municipality, as appropriate, an affidavit that sets forth
186	detailed information supporting an exemption as provided in sub-
187	subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
188	or sub-subparagraph 1.d. For an exemption under sub-subparagraph
189	1.c., the affidavit must set forth that the vehicle was stolen
190	and be accompanied by a copy of the police report indicating
191	that the vehicle was stolen at the time of the alleged
192	violation. For an exemption under sub-subparagraph 1.d., the
193	affidavit must set forth that a citation was issued and be
194	accompanied by a copy of the citation indicating the time of the
195	alleged violation and the location of the intersection where it
196	occurred.
197	(g)  A person may contest the determination that such
198	person failed to stop at a traffic control signal steady red
199	light as evidenced by a traffic infraction detector by electing
200	to appear before any judge authorized by law to preside over a
201	court hearing that adjudicates traffic infractions. A person who
202	elects to appear before the court to present evidence is deemed
203	to have waived the limitation of civil penalties imposed for the
204	violation. The court, after hearing, shall determine whether the
205	violation was committed and may impose a civil penalty not to
206	exceed $150 plus costs. The court may take appropriate measures
207	to enforce the collection of any penalty not paid within the
208	time permitted 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	(2)  Of the fine imposed pursuant to paragraph (1)(a) or
224	paragraph (1)(g), one-fifth shall be remitted by the county or
225	municipality to the county court for distribution as provided in
226	s. 318.21, one-fifth shall be remitted to the Department of
227	Revenue for deposit into the Department of Health Administrative
228	Trust Fund, and three-fifths shall be retained by the county or
229	municipality enforcing the ordinance enacted pursuant to this
230	section. Funds deposited into the Department of Health
231	Administrative Trust Fund under this subsection shall be
232	distributed as provided in s. 395.4036(1).
233	(3)  A complaint that a county or municipality is employing
234	traffic infraction detectors for purposes other than the
235	promotion of public health, welfare, and safety or in a manner
236	inconsistent with this section may be submitted to the governing
237	body of such county or municipality. Such complaints, along with
238	any investigation and corrective action taken by the county or
239	municipal governing body, shall be included in the annual report
240	to the Department of Transportation and in that department's
241	annual summary report to the Governor, the President of the
242	Senate, and the Speaker of the House Representatives, as
243	required by this section. Based on its review of the report, the
244	Legislature may exclude a county or municipality from further
245	participation in the program.
246	(4)(a)  Each county or municipality that operates a traffic
247	infraction detector shall submit an annual report to the
248	Department of Transportation that details the results of using
249	the traffic infraction detector and the procedures for
250	enforcement.
251	(b)  The Department of Transportation shall provide an
252	annual summary report to the Governor, the President of the
253	Senate, and the Speaker of the House of Representatives
254	regarding the use and operation of traffic infraction detectors
255	under this section. The summary report must include a review of
256	the information submitted to the Department of Transportation by
257	the counties and municipalities and must describe the
258	enhancement of the traffic safety and enforcement programs. The
259	Department of Transportation shall report its recommendations,
260	including any necessary legislation, on or before December 1,
261	2010, to the Governor, the President of the Senate, and the
262	Speaker of the House of Representatives.
263	Section 4.  Subsection (6) of section 316.0745, Florida
264	Statutes, is amended to read:
265	316.0745  Uniform signals and devices.--
266	(6)(a)  Any system of traffic control devices controlled
267	and operated from a remote location by electronic computers or
268	similar devices must shall meet all requirements established for
269	the uniform system, and, if where such a system affects systems
270	affect the movement of traffic on state roads, the design of the
271	system must shall be reviewed and approved by the Department of
272	Transportation; however, any such equipment acquired by
273	purchase, lease, or other arrangement pursuant to an agreement
274	entered into by a county or municipality prior to the effective
275	date of this act or equipment used to enforce an ordinance
276	enacted by a county or municipality prior to the effective date
277	of this act shall not be required to meet the specifications
278	established for the uniform system until September 30, 2010.
279	(b)  Any traffic infraction detector deployed on the
280	streets and highways of the state must meet the specifications
281	established by the Department of Transportation and must be
282	tested at regular intervals according to procedures prescribed
283	by that department.
284	Section 5.  Section 316.0776, Florida Statutes, is created
285	to read:
286	316.0776  Traffic infraction detectors; placement and
287	installation.--Placement and installation of traffic infraction
288	detectors is allowed on the State Highway System, county roads,
289	and city streets pursuant to specifications developed by the
290	Department of Transportation, so long as the safety and
291	operation of the road facility is not impaired.
292	Section 6.  Subsection (6) of section 316.1967, Florida
293	Statutes, is amended to read:
294	316.1967  Liability for payment of parking ticket
295	violations and other parking violations.--
296	(6)  Any county or municipality may provide by ordinance
297	that the clerk of the court or the traffic violations bureau
298	shall supply the department with a magnetically encoded computer
299	tape reel or cartridge or send by other electronic means data
300	which is machine readable by the installed computer system at
301	the department, listing persons who have three or more
302	outstanding parking violations, including violations of s.
303	316.1955, or who have one or more outstanding tickets for a
304	violation of a traffic control signal steady red light
305	indication issued pursuant to an ordinance adopted under s.
306	316.0083. Each county shall provide by ordinance that the clerk
307	of the court or the traffic violations bureau shall supply the
308	department with a magnetically encoded computer tape reel or
309	cartridge or send by other electronic means data that is machine
310	readable by the installed computer system at the department,
311	listing persons who have any outstanding violations of s.
312	316.1955 or any similar local ordinance that regulates parking
313	in spaces designated for use by persons who have disabilities.
314	The department shall mark the appropriate registration records
315	of persons who are so reported. Section 320.03(8) applies to
316	each person whose name appears on the list.
317	Section 7.  Subsection (1) of section 395.4036, Florida
318	Statutes, is amended to read:
319	395.4036  Trauma payments.--
320	(1)  Recognizing the Legislature's stated intent to provide
321	financial support to the current verified trauma centers and to
322	provide incentives for the establishment of additional trauma
323	centers as part of a system of state-sponsored trauma centers,
324	the department shall use utilize funds collected under ss.
325	316.0083 and s. 318.18(15) and deposited into the Administrative
326	Trust Fund of the department to ensure the availability and
327	accessibility of trauma and emergency services throughout the
328	state as provided in this subsection.
329	(a)  Funds collected under ss. 316.0083 and 318.18(15)
330	shall be distributed as follows:
331	1.(a)  Twenty percent of the total funds collected under s.
332	316.0083 and 20 percent of the total funds collected under s.
333	318.18(15) this subsection during the state fiscal year shall be
334	distributed to verified trauma centers that have a local funding
335	contribution as of December 31. Distribution of funds under this
336	paragraph shall be based on trauma caseload volume for the most
337	recent calendar year available.
338	2.(b)  Thirty-eight percent of the total funds collected
339	under s. 316.0083 and 40 forty percent of the total funds
340	collected under s. 318.18(15) this subsection shall be
341	distributed to verified trauma centers based on trauma caseload
342	volume for the most recent calendar year available. The
343	determination of caseload volume for distribution of funds under
344	this paragraph shall be based on the department's Trauma
345	Registry data.
346	3.(c)  Thirty-eight percent of the total funds collected
347	under s. 316.0083 and 40 forty percent of the total funds
348	collected under s. 318.18(15) this subsection shall be
349	distributed to verified trauma centers based on severity of
350	trauma patients for the most recent calendar year available. The
351	determination of severity for distribution of funds under this
352	paragraph shall be based on the department's International
353	Classification Injury Severity Scores or another statistically
354	valid and scientifically accepted method of stratifying a trauma
355	patient's severity of injury, risk of mortality, and resource
356	consumption as adopted by the department by rule, weighted based
357	on the costs associated with and incurred by the trauma center
358	in treating trauma patients. The weighting of scores shall be
359	established by the department by rule.
360	4.  Two percent of the total funds collected under s.
361	316.0083 shall be distributed to public hospitals that qualify
362	for distributions under s. 409.911(4), that are not verified
363	trauma centers but are located in trauma service areas, as
364	defined under s. 395.402, and that do not have a verified trauma
365	center based on their proportionate number of emergency room
366	visits on an annual basis. The Agency for Health Care
367	Administration shall provide the department with a list of
368	public hospitals and emergency room visits.
369	5.  Two percent of the total funds collected under s.
370	316.0083 shall be distributed to provide an enhanced Medicaid
371	payment to nursing homes that serve residents with brain and
372	spinal cord injuries who are Medicaid recipients.
373	(b)  Funds deposited in the department's Administrative
374	Trust Fund for verified trauma centers may be used to maximize
375	the receipt of federal funds that may be available for such
376	trauma centers and nontrauma center public hospitals.
377	Notwithstanding this section and s. 318.14, distributions to
378	trauma centers may be adjusted in a manner to ensure that total
379	payments to trauma centers represent the same proportional
380	allocation as set forth in this section and s. 318.14. For
381	purposes of this section and s. 318.14, total funds distributed
382	to trauma centers may include revenue from the Administrative
383	Trust Fund and federal funds for which revenue from the
384	Administrative Trust Fund is used to meet state or local
385	matching requirements. Funds collected under ss. 318.14,
386	316.0083, and 318.18(15) and deposited in the Administrative
387	Trust Fund of the department shall be distributed to trauma
388	centers and nontrauma center public hospitals on a quarterly
389	basis using the most recent calendar year data available. Such
390	data shall not be used for more than four quarterly
391	distributions unless there are extenuating circumstances as
392	determined by the department, in which case the most recent
393	calendar year data available shall continue to be used and
394	appropriate adjustments shall be made as soon as the more recent
395	data becomes available.
396	Section 8.  This act recognizes and ratifies any
397	enforcement action taken by a county or municipality using a
398	traffic infraction detector that was installed before the
399	effective date of this act.
400	Section 9.  If any provision of this act or its application
401	to any person or circumstance is held invalid, the invalidity
402	shall not affect other provisions or applications of this act
403	which can be given effect without the invalid provision or
404	application, and to this end the provisions of this act are
405	declared severable.
406	Section 10.  This act shall take effect upon becoming a
407	law.

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