CS/CS/CS/HB 439

1
A bill to be entitled
2An act relating to uniform traffic control; creating the
3"Mark Wandall Traffic Safety Act"; amending s. 316.003,
4F.S.; defining the term "traffic infraction detector";
5creating s. 316.0083, F.S.; creating the Mark Wandall
6Traffic Safety Program to be administered by the
7Department of Transportation; requiring a county or
8municipality to enact an ordinance in order to use a
9traffic infraction detector to identify a motor vehicle
10that fails to stop at a traffic control signal steady red
11light; requiring such detectors to meet department
12contract specifications; requiring authorization of a
13traffic infraction enforcement officer or a code
14enforcement officer to issue and enforce a ticket for such
15violation; requiring signage; requiring certain public
16awareness procedures; requiring the ordinance to establish
17a fine of a certain amount; requiring the ordinance to
18provide for installing, maintaining, and operating such
19detectors on rights-of-way owned or maintained by the
20Department of Transportation, county, or municipality;
21prohibiting additional charges; exempting emergency
22vehicles; providing that the registered owner of the motor
23vehicle involved in the violation is responsible and
24liable for payment of the fine assessed; providing
25exceptions; providing procedures for disposition and
26enforcement of tickets; providing for a person to contest
27such ticket; providing for disposition of revenue
28collected; providing complaint procedures; providing for
29the Legislature to exclude a county or municipality from
30the program; requiring reports from participating
31municipalities and counties to the department; requiring
32the department to make reports to the Governor and the
33Legislature; amending s. 316.0745, F.S.; providing that
34traffic infraction detectors must meet certain
35specifications; creating s. 316.07456, F.S.; providing for
36preexisting equipment; requiring counties and
37municipalities that enacted an ordinance to enforce red
38light violations or entered into a contract to purchase or
39lease equipment to enforce red light violations prior to
40the effective date of this act to charge a certain penalty
41amount; requiring counties or municipalities that have
42acquired such equipment pursuant to an agreement entered
43into prior to the effective date of this act to make
44certain payments to the state; creating s. 316.0776, F.S.;
45providing for placement and installation of detectors on
46the State Highway System, county roads, and city streets;
47amending s. 316.1967, F.S.; providing for inclusion of
48persons with outstanding violations in a list sent to the
49department for enforcement purposes; amending s. 395.4036,
50F.S.; providing for distribution of funds to trauma
51centers, certain hospitals, certain nursing homes, and
52certain health units and programs; ratifying prior
53enforcement actions; providing for severability; providing
54an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  This act may be cited as the "Mark Wandall
59Traffic Safety Act."
60     Section 2.  Subsection (86) is added to section 316.003,
61Florida Statutes, to read:
62     316.003  Definitions.--The following words and phrases,
63when used in this chapter, shall have the meanings respectively
64ascribed to them in this section, except where the context
65otherwise requires:
66     (86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
67installed to work in conjunction with a traffic control signal
68and a camera or cameras synchronized to automatically record two
69or more sequenced photographic or electronic images or streaming
70video of only the rear of a motor vehicle at the time the
71vehicle fails to stop behind the stop bar or clearly marked stop
72line when facing a traffic control signal steady red light. Any
73ticket issued by the use of a traffic infraction detector must
74include a photograph or other recorded image showing both the
75license tag of the offending vehicle and the traffic control
76device being violated.
77     Section 3.  Section 316.0083, Florida Statutes, is created
78to read:
79     316.0083  Mark Wandall Traffic Safety Program;
80administration; report.--
81     (1)  There is created the Mark Wandall Traffic Safety
82Program governing the operation of traffic infraction detectors.
83The program shall be administered by the Department of
84Transportation and shall include the following provisions:
85     (a)  In order to use a traffic infraction detector, a
86county or municipality must enact an ordinance that provides for
87the use of a traffic infraction detector to enforce s.
88316.075(1)(c), which requires the driver of a vehicle to stop
89the vehicle when facing a traffic control signal steady red
90light on the streets and highways under the jurisdiction of the
91county or municipality. The traffic infraction detector must
92conform to the contract specifications adopted by the Department
93of Transportation under s. 316.0776. A county or municipality
94may install such detectors on state, county, or municipal
95rights-of-way within the boundaries of that county or
96municipality. Only a municipality may install or authorize the
97installation of any such detectors within the incorporated area
98of the municipality. A municipality may authorize the state or
99county to install such detectors within its incorporated area.
100Only a county may install or authorize the installation of any
101such detectors within the unincorporated area of the county. A
102county may authorize the state to install such detectors in the
103unincorporated area of the county. A county or municipality that
104operates a traffic infraction detector must authorize a traffic
105infraction enforcement officer or a code enforcement officer to
106issue a ticket for a violation of s. 316.075(1)(c) and to
107enforce the payment of the ticket for such violation. This
108paragraph does not authorize a traffic infraction enforcement
109officer or a code enforcement officer to carry a firearm or
110other weapon and does not authorize such an officer to make
111arrests. The ordinance must require signs to be posted at
112locations designated by the county or municipality providing
113notification that a traffic infraction detector may be in use.
114Such signage must conform to the specifications adopted by the
115Department of Transportation under s. 316.0745. The ordinance
116must provide for the county or municipality to install,
117maintain, and operate traffic infraction detectors on a right-
118of-way owned or maintained by the Department of Transportation
119or on a right-of-way owned or maintained by the county or
120municipality in which the traffic infraction detector is to be
121installed. The ordinance must also require that the county or
122municipality make a public announcement and conduct a public
123awareness campaign of the proposed use of traffic infraction
124detectors at least 30 days before commencing the enforcement
125program. In addition, the ordinance must establish a fine of
126$150 to be assessed against the registered owner of a motor
127vehicle that fails to stop when facing a traffic control signal
128steady red light as determined through the use of a traffic
129infraction detector. Any other provision of law to the contrary
130notwithstanding, an additional surcharge, fee, or cost may not
131be added to the civil penalty authorized by this paragraph.
132     (b)  When responding to an emergency call, an emergency
133vehicle is exempt from any ordinance enacted under this section.
134     (c)  A county or municipality must adopt an ordinance under
135this section that provides for the use of a traffic infraction
136detector in order to impose a fine on the registered owner of a
137motor vehicle for a violation of s. 316.075(1)(c). The fine
138shall be imposed in the same manner and is subject to the same
139limitations as provided for parking violations under s.
140316.1967. Except as specifically provided in this section,
141chapter 318 and s. 322.27 do not apply to a violation of s.
142316.075(1)(c) for which a ticket has been issued under an
143ordinance enacted pursuant to this section. Enforcement of a
144ticket issued under the ordinance is not a conviction of the
145operator of the motor vehicle, may not be made a part of the
146driving record of the operator, and may not be used for purposes
147of setting motor vehicle insurance rates. Points under s. 322.27
148may not be assessed based upon such enforcement.
149     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
150to an ordinance enacted pursuant to this section, except that
151the ticket must contain the name and address of the person
152alleged to be liable as the registered owner of the motor
153vehicle involved in the violation, the tag number of the motor
154vehicle, the violation charged, a copy of the photographic image
155or images evidencing the violation, the location where the
156violation occurred, the date and time of the violation,
157information that identifies the device that recorded the
158violation, and a signed statement by a specifically trained
159technician employed by the agency or its contractor that, based
160on inspection of photographs or other recorded images, the motor
161vehicle was being operated in violation of s. 316.075(1)(c). The
162ticket must advise the registered owner of the motor vehicle
163involved in the violation of the amount of the fine, the date by
164which the fine must be paid, and the procedure for contesting
165the violation alleged in the ticket. The ticket must contain a
166warning that failure to contest the violation in the manner and
167time provided is deemed an admission of the liability and that a
168default may be entered thereon. The violation shall be processed
169by the county or municipality that has jurisdiction over the
170street or highway where the violation occurred or by any entity
171authorized by the county or municipality to prepare and mail the
172ticket.
173     (e)  The ticket shall be sent by first-class mail addressed
174to the registered owner of the motor vehicle and postmarked no
175later than 30 days after the date of the violation.
176     (f)1.  The registered owner of the motor vehicle involved
177in a violation is responsible and liable for payment of the fine
178assessed pursuant to this section unless the owner can establish
179that:
180     a.  The motor vehicle passed through the intersection in
181order to yield right-of-way to an emergency vehicle or as part
182of a funeral procession;
183     b.  The motor vehicle passed through the intersection at
184the direction of a law enforcement officer;
185     c.  The motor vehicle was stolen at the time of the alleged
186violation;
187     d.  A uniform traffic citation was issued to the driver of
188the motor vehicle for the alleged violation of s. 316.075(1)(c);
189or
190     e.  A medical emergency.
191     2.  In order to establish any such fact, the registered
192owner of the vehicle must, within 30 days after receipt of
193notification of the alleged violation, furnish to the county or
194municipality, as appropriate, an affidavit that sets forth
195detailed information supporting an exemption as provided in sub-
196subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
197or sub-subparagraph 1.d. For an exemption under sub-subparagraph
1981.c., the affidavit must set forth that the vehicle was stolen
199and be accompanied by a copy of the police report indicating
200that the vehicle was stolen at the time of the alleged
201violation. For an exemption under sub-subparagraph 1.d., the
202affidavit must set forth that a citation was issued and be
203accompanied by a copy of the citation indicating the time of the
204alleged violation and the location of the intersection where it
205occurred.
206     (g)  A person may contest the determination that such
207person failed to stop at a traffic control signal steady red
208light as evidenced by a traffic infraction detector by electing
209to appear before any judge or hearing officer authorized by law
210to preside over a hearing that adjudicates traffic infractions.
211A person who elects to appear before the judge or hearing
212officer to present evidence is deemed to have waived the
213limitation of civil penalties imposed for the violation. The
214judge or hearing officer, after hearing, shall determine whether
215the violation was committed and may impose a civil penalty not
216to exceed $150 plus costs. The judge or hearing officer may take
217appropriate measures to enforce the collection of any penalty
218not paid within the time permitted by the county, municipality,
219or court.
220     (h)  A certificate sworn to or affirmed by a person
221authorized under this section who is employed by or under
222contract with the county or municipality where the infraction
223occurred, or a facsimile thereof that is based upon inspection
224of photographs or other recorded images produced by a traffic
225infraction detector, is prima facie evidence of the facts
226contained in the certificate. A photograph or other recorded
227image evidencing a violation of s. 316.075(1)(c) must be
228available for inspection in any proceeding to adjudicate
229liability under an ordinance enacted pursuant to this section.
230     (i)  In any county or municipality in which tickets are
231issued as provided in this section, the names of persons who
232have one or more outstanding violations may be included on the
233list authorized under s. 316.1967(6).
234     (2)  Of the fine imposed pursuant to paragraph (1)(a) or
235paragraph (1)(g), one-fifth shall be remitted by the county or
236municipality to the Department of Revenue for deposit into the
237State Transportation Trust Fund, one-fifth shall be remitted to
238the Department of Revenue for deposit into the Department of
239Health Administrative Trust Fund, and three-fifths shall be
240retained by the county or municipality enforcing the ordinance
241enacted pursuant to this section. Funds deposited into the
242Department of Health Administrative Trust Fund under this
243subsection shall be distributed as provided in s. 395.4036(1).
244     (3)  A complaint that a county or municipality is employing
245traffic infraction detectors for purposes other than the
246promotion of public health, welfare, and safety or in a manner
247inconsistent with this section may be submitted to the governing
248body of such county or municipality. Such complaints, along with
249any investigation and corrective action taken by the county or
250municipal governing body, shall be included in the annual report
251to the Department of Transportation and in that department's
252annual summary report to the Governor, the President of the
253Senate, and the Speaker of the House Representatives, as
254required by this section. Based on its review of the report, the
255Legislature may exclude a county or municipality from further
256participation in the program.
257     (4)(a)  Each county or municipality that operates a traffic
258infraction detector shall submit an annual report to the
259Department of Transportation that details the results of using
260the traffic infraction detector and the procedures for
261enforcement.
262     (b)  The Department of Transportation shall provide an
263annual summary report to the Governor, the President of the
264Senate, and the Speaker of the House of Representatives
265regarding the use and operation of traffic infraction detectors
266under this section. The summary report must include a review of
267the information submitted to the Department of Transportation by
268the counties and municipalities and must describe the
269enhancement of the traffic safety and enforcement programs. The
270Department of Transportation shall report its recommendations,
271including any necessary legislation, on or before December 1,
2722010, to the Governor, the President of the Senate, and the
273Speaker of the House of Representatives.
274     Section 4.  Subsection (6) of section 316.0745, Florida
275Statutes, is amended to read:
276     316.0745  Uniform signals and devices.--
277     (6)  Any system of traffic control devices controlled and
278operated from a remote location by electronic computers or
279similar devices must shall meet all requirements established for
280the uniform system, and, if where such a system affects systems
281affect the movement of traffic on state roads, the design of the
282system must shall be reviewed and approved by the Department of
283Transportation.
284     Section 5.  Section 316.07456, Florida Statutes, is created
285to read:
286     316.07456  Grandfather clause.--
287     (1)  Any traffic infraction detector deployed on the
288streets and highways of the state must meet the contract
289specifications established by the Department of Transportation
290and must be tested at regular intervals according to procedures
291prescribed by that department.
292     (2)  Notwithstanding any provision of law to the contrary,
293prior to September 30, 2010, nothing in this act shall prohibit
294any county or municipality from utilizing red light traffic
295enforcement devices of any type or from enforcing violations of
296s. 316.074(1) or s. 316.075(1)(c) or other red light traffic
297enforcement ordinances if such county or municipality has
298enacted an ordinance to enforce red light violations or has
299entered into a contract to purchase or lease equipment to
300enforce red light violations prior to the effective date of this
301act.
302     (3)  Counties and municipalities using grandfathered
303equipment pursuant to subsection (2) shall charge violators a
304$150 penalty. One-fifth of the penalty shall be remitted by the
305county or municipality to the Department of Revenue for deposit
306into the State Transportation Trust Fund, one-fifth shall be
307remitted to the Department of Revenue for deposit into the
308Department of Health Administrative Trust Fund, and three-fifths
309shall be retained by the county or municipality. Funds deposited
310into the Department of Health Administrative Trust Fund under
311this subsection shall be distributed as provided in s.
312395.4036(1)(a) as if such funds had been collected under s.
313316.0083.
314     (4)  This section expires October 1, 2010.
315     Section 6.  Section 316.0776, Florida Statutes, is created
316to read:
317     316.0776  Traffic infraction detectors; placement and
318installation.--Placement and installation of traffic infraction
319detectors is allowed on the State Highway System, county roads,
320and city streets pursuant to specifications developed by the
321Department of Transportation, so long as the safety and
322operation of the road facility is not impaired.
323     Section 7.  Subsection (6) of section 316.1967, Florida
324Statutes, is amended to read:
325     316.1967  Liability for payment of parking ticket
326violations and other parking violations.--
327     (6)  Any county or municipality may provide by ordinance
328that the clerk of the court or the traffic violations bureau
329shall supply the department with a magnetically encoded computer
330tape reel or cartridge or send by other electronic means data
331which is machine readable by the installed computer system at
332the department, listing persons who have three or more
333outstanding parking violations, including violations of s.
334316.1955, or who have one or more outstanding tickets for a
335violation of a traffic control signal steady red light
336indication issued pursuant to an ordinance adopted under s.
337316.0083. Each county shall provide by ordinance that the clerk
338of the court or the traffic violations bureau shall supply the
339department with a magnetically encoded computer tape reel or
340cartridge or send by other electronic means data that is machine
341readable by the installed computer system at the department,
342listing persons who have any outstanding violations of s.
343316.1955 or any similar local ordinance that regulates parking
344in spaces designated for use by persons who have disabilities.
345The department shall mark the appropriate registration records
346of persons who are so reported. Section 320.03(8) applies to
347each person whose name appears on the list.
348     Section 8.  Subsection (1) of section 395.4036, Florida
349Statutes, is amended to read:
350     395.4036  Trauma payments.--
351     (1)  Recognizing the Legislature's stated intent to provide
352financial support to the current verified trauma centers and to
353provide incentives for the establishment of additional trauma
354centers as part of a system of state-sponsored trauma centers,
355the department shall use utilize funds collected under ss.
356316.0083 and s. 318.18(15) and deposited into the Administrative
357Trust Fund of the department to ensure the availability and
358accessibility of trauma and emergency services throughout the
359state as provided in this subsection.
360     (a)  Funds collected under ss. 316.0083 and 318.18(15)
361shall be distributed as follows:
362     1.(a)  Eighteen Twenty percent of the total funds collected
363under s. 316.0083 and 20 percent of the total funds collected
364under s. 318.18(15) this subsection during the state fiscal year
365shall be distributed to verified trauma centers that have a
366local funding contribution as of December 31. Distribution of
367funds under this paragraph shall be based on trauma caseload
368volume for the most recent calendar year available.
369     2.(b)  Thirty-eight percent of the total funds collected
370under s. 316.0083 and 40 forty percent of the total funds
371collected under s. 318.18(15) this subsection shall be
372distributed to verified trauma centers based on trauma caseload
373volume for the most recent calendar year available. The
374determination of caseload volume for distribution of funds under
375this paragraph shall be based on the department's Trauma
376Registry data.
377     3.(c)  Thirty-eight percent of the total funds collected
378under s. 316.0083 and 40 forty percent of the total funds
379collected under s. 318.18(15) this subsection shall be
380distributed to verified trauma centers based on severity of
381trauma patients for the most recent calendar year available. The
382determination of severity for distribution of funds under this
383paragraph shall be based on the department's International
384Classification Injury Severity Scores or another statistically
385valid and scientifically accepted method of stratifying a trauma
386patient's severity of injury, risk of mortality, and resource
387consumption as adopted by the department by rule, weighted based
388on the costs associated with and incurred by the trauma center
389in treating trauma patients. The weighting of scores shall be
390established by the department by rule.
391     4.  Two percent of the total funds collected under s.
392316.0083 shall be distributed to public hospitals that qualify
393for distributions under s. 409.911(4), that are not verified
394trauma centers but are located in trauma service areas, as
395defined under s. 395.402, and that do not have a verified trauma
396center based on their proportionate number of emergency room
397visits on an annual basis. The Agency for Health Care
398Administration shall provide the department with a list of
399public hospitals and emergency room visits.
400     5.  Two percent of the total funds collected under s.
401316.0083 shall be distributed to provide an enhanced Medicaid
402payment to nursing homes that serve residents with brain and
403spinal cord injuries who are Medicaid recipients.
404     6.  Two percent of the total funds collected under s.
405316.0083 shall be distributed equally to crisis stabilization
406units, rural health initiatives, and community-based support
407programs that provide supports and services for individuals who
408have sustained a traumatic brain injury.
409     (b)  Funds deposited in the department's Administrative
410Trust Fund for verified trauma centers may be used to maximize
411the receipt of federal funds that may be available for such
412trauma centers and nontrauma center public hospitals.
413Notwithstanding this section and s. 318.14, distributions to
414trauma centers may be adjusted in a manner to ensure that total
415payments to trauma centers represent the same proportional
416allocation as set forth in this section and s. 318.14. For
417purposes of this section and s. 318.14, total funds distributed
418to trauma centers may include revenue from the Administrative
419Trust Fund and federal funds for which revenue from the
420Administrative Trust Fund is used to meet state or local
421matching requirements. Funds collected under ss. 318.14,
422316.0083, and 318.18(15) and deposited in the Administrative
423Trust Fund of the department shall be distributed to trauma
424centers and nontrauma center public hospitals on a quarterly
425basis using the most recent calendar year data available. Such
426data shall not be used for more than four quarterly
427distributions unless there are extenuating circumstances as
428determined by the department, in which case the most recent
429calendar year data available shall continue to be used and
430appropriate adjustments shall be made as soon as the more recent
431data becomes available.
432     Section 9.  This act recognizes and ratifies any
433enforcement action taken by a county or municipality using a
434traffic infraction detector that was installed before the
435effective date of this act.
436     Section 10.  If any provision of this act or its
437application to any person or circumstance is held invalid, the
438invalidity shall not affect other provisions or applications of
439this act which can be given effect without the invalid provision
440or application, and to this end the provisions of this act are
441declared severable.
442     Section 11.  This act shall take effect upon becoming a
443law.


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