CS/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; creating s. 316.07456, F.S.; providing for
36	preexisting equipment; requiring counties and
37	municipalities that enacted an ordinance to enforce red
38	light violations or entered into a contract to purchase or
39	lease equipment to enforce red light violations prior to
40	the effective date of this act to charge a certain penalty
41	amount; requiring counties or municipalities that have
42	acquired such equipment pursuant to an agreement entered
43	into prior to the effective date of this act to make
44	certain payments to the state; creating s. 316.0776, F.S.;
45	providing for placement and installation of detectors on
46	the State Highway System, county roads, and city streets;
47	amending s. 316.1967, F.S.; providing for inclusion of
48	persons with outstanding violations in a list sent to the
49	department for enforcement purposes; amending s. 395.4036,
50	F.S.; providing for distribution of funds to trauma
51	centers, certain hospitals, certain nursing homes, and
52	certain health units and programs; ratifying prior
53	enforcement actions; providing for severability; providing
54	an effective date.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  This act may be cited as the "Mark Wandall
59	Traffic Safety Act."
60	Section 2.  Subsection (86) is added to section 316.003,
61	Florida Statutes, to read:
62	316.003  Definitions.--The following words and phrases,
63	when used in this chapter, shall have the meanings respectively
64	ascribed to them in this section, except where the context
65	otherwise requires:
66	(86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
67	installed to work in conjunction with a traffic control signal
68	and a camera or cameras synchronized to automatically record two
69	or more sequenced photographic or electronic images or streaming
70	video of only the rear of a motor vehicle at the time the
71	vehicle fails to stop behind the stop bar or clearly marked stop
72	line when facing a traffic control signal steady red light. Any
73	ticket issued by the use of a traffic infraction detector must
74	include a photograph or other recorded image showing both the
75	license tag of the offending vehicle and the traffic control
76	device being violated.
77	Section 3.  Section 316.0083, Florida Statutes, is created
78	to read:
79	316.0083  Mark Wandall Traffic Safety Program;
80	administration; report.--
81	(1)  There is created the Mark Wandall Traffic Safety
82	Program governing the operation of traffic infraction detectors.
83	The program shall be administered by the Department of
84	Transportation and shall include the following provisions:
85	(a)  In order to use a traffic infraction detector, a
86	county or municipality must enact an ordinance that provides for
87	the use of a traffic infraction detector to enforce s.
88	316.075(1)(c), which requires the driver of a vehicle to stop
89	the vehicle when facing a traffic control signal steady red
90	light on the streets and highways under the jurisdiction of the
91	county or municipality. The traffic infraction detector must
92	conform to the contract specifications adopted by the Department
93	of Transportation under s. 316.0776. A county or municipality
94	may install such detectors on state, county, or municipal
95	rights-of-way within the boundaries of that county or
96	municipality. Only a municipality may install or authorize the
97	installation of any such detectors within the incorporated area
98	of the municipality. A municipality may authorize the state or
99	county to install such detectors within its incorporated area.
100	Only a county may install or authorize the installation of any
101	such detectors within the unincorporated area of the county. A
102	county may authorize the state to install such detectors in the
103	unincorporated area of the county. A county or municipality that
104	operates a traffic infraction detector must authorize a traffic
105	infraction enforcement officer or a code enforcement officer to
106	issue a ticket for a violation of s. 316.075(1)(c) and to
107	enforce the payment of the ticket for such violation. This
108	paragraph does not authorize a traffic infraction enforcement
109	officer or a code enforcement officer to carry a firearm or
110	other weapon and does not authorize such an officer to make
111	arrests. The ordinance must require signs to be posted at
112	locations designated by the county or municipality providing
113	notification that a traffic infraction detector may be in use.
114	Such signage must conform to the specifications adopted by the
115	Department of Transportation under s. 316.0745. The ordinance
116	must provide for the county or municipality to install,
117	maintain, and operate traffic infraction detectors on a right-
118	of-way owned or maintained by the Department of Transportation
119	or on a right-of-way owned or maintained by the county or
120	municipality in which the traffic infraction detector is to be
121	installed. The ordinance must also require that the county or
122	municipality make a public announcement and conduct a public
123	awareness campaign of the proposed use of traffic infraction
124	detectors at least 30 days before commencing the enforcement
125	program. In addition, the ordinance must establish a fine of
126	$150 to be assessed against the registered owner of a motor
127	vehicle that fails to stop when facing a traffic control signal
128	steady red light as determined through the use of a traffic
129	infraction detector. Any other provision of law to the contrary
130	notwithstanding, an additional surcharge, fee, or cost may not
131	be added to the civil penalty authorized by this paragraph.
132	(b)  When responding to an emergency call, an emergency
133	vehicle is exempt from any ordinance enacted under this section.
134	(c)  A county or municipality must adopt an ordinance under
135	this section that provides for the use of a traffic infraction
136	detector in order to impose a fine on the registered owner of a
137	motor vehicle for a violation of s. 316.075(1)(c). The fine
138	shall be imposed in the same manner and is subject to the same
139	limitations as provided for parking violations under s.
140	316.1967. Except as specifically provided in this section,
141	chapter 318 and s. 322.27 do not apply to a violation of s.
142	316.075(1)(c) for which a ticket has been issued under an
143	ordinance enacted pursuant to this section. Enforcement of a
144	ticket issued under the ordinance is not a conviction of the
145	operator of the motor vehicle, may not be made a part of the
146	driving record of the operator, and may not be used for purposes
147	of setting motor vehicle insurance rates. Points under s. 322.27
148	may not be assessed based upon such enforcement.
149	(d)  The procedures set forth in s. 316.1967(2)-(5) apply
150	to an ordinance enacted pursuant to this section, except that
151	the ticket must contain the name and address of the person
152	alleged to be liable as the registered owner of the motor
153	vehicle involved in the violation, the tag number of the motor
154	vehicle, the violation charged, a copy of the photographic image
155	or images evidencing the violation, the location where the
156	violation occurred, the date and time of the violation,
157	information that identifies the device that recorded the
158	violation, and a signed statement by a specifically trained
159	technician employed by the agency or its contractor that, based
160	on inspection of photographs or other recorded images, the motor
161	vehicle was being operated in violation of s. 316.075(1)(c). The
162	ticket must advise the registered owner of the motor vehicle
163	involved in the violation of the amount of the fine, the date by
164	which the fine must be paid, and the procedure for contesting
165	the violation alleged in the ticket. The ticket must contain a
166	warning that failure to contest the violation in the manner and
167	time provided is deemed an admission of the liability and that a
168	default may be entered thereon. The violation shall be processed
169	by the county or municipality that has jurisdiction over the
170	street or highway where the violation occurred or by any entity
171	authorized by the county or municipality to prepare and mail the
172	ticket.
173	(e)  The ticket shall be sent by first-class mail addressed
174	to the registered owner of the motor vehicle and postmarked no
175	later than 30 days after the date of the violation.
176	(f)1.  The registered owner of the motor vehicle involved
177	in a violation is responsible and liable for payment of the fine
178	assessed pursuant to this section unless the owner can establish
179	that:
180	a.  The motor vehicle passed through the intersection in
181	order to yield right-of-way to an emergency vehicle or as part
182	of a funeral procession;
183	b.  The motor vehicle passed through the intersection at
184	the direction of a law enforcement officer;
185	c.  The motor vehicle was stolen at the time of the alleged
186	violation;
187	d.  A uniform traffic citation was issued to the driver of
188	the motor vehicle for the alleged violation of s. 316.075(1)(c);
189	or
190	e.  A medical emergency.
191	2.  In order to establish any such fact, the registered
192	owner of the vehicle must, within 30 days after receipt of
193	notification of the alleged violation, furnish to the county or
194	municipality, as appropriate, an affidavit that sets forth
195	detailed information supporting an exemption as provided in sub-
196	subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
197	or sub-subparagraph 1.d. For an exemption under sub-subparagraph
198	1.c., the affidavit must set forth that the vehicle was stolen
199	and be accompanied by a copy of the police report indicating
200	that the vehicle was stolen at the time of the alleged
201	violation. For an exemption under sub-subparagraph 1.d., the
202	affidavit must set forth that a citation was issued and be
203	accompanied by a copy of the citation indicating the time of the
204	alleged violation and the location of the intersection where it
205	occurred.
206	(g)  A person may contest the determination that such
207	person failed to stop at a traffic control signal steady red
208	light as evidenced by a traffic infraction detector by electing
209	to appear before any judge or hearing officer authorized by law
210	to preside over a hearing that adjudicates traffic infractions.
211	A person who elects to appear before the judge or hearing
212	officer to present evidence is deemed to have waived the
213	limitation of civil penalties imposed for the violation. The
214	judge or hearing officer, after hearing, shall determine whether
215	the violation was committed and may impose a civil penalty not
216	to exceed $150 plus costs. The judge or hearing officer may take
217	appropriate measures to enforce the collection of any penalty
218	not paid within the time permitted by the county, municipality,
219	or court.
220	(h)  A certificate sworn to or affirmed by a person
221	authorized under this section who is employed by or under
222	contract with the county or municipality where the infraction
223	occurred, or a facsimile thereof that is based upon inspection
224	of photographs or other recorded images produced by a traffic
225	infraction detector, is prima facie evidence of the facts
226	contained in the certificate. A photograph or other recorded
227	image evidencing a violation of s. 316.075(1)(c) must be
228	available for inspection in any proceeding to adjudicate
229	liability under an ordinance enacted pursuant to this section.
230	(i)  In any county or municipality in which tickets are
231	issued as provided in this section, the names of persons who
232	have one or more outstanding violations may be included on the
233	list authorized under s. 316.1967(6).
234	(2)  Of the fine imposed pursuant to paragraph (1)(a) or
235	paragraph (1)(g), one-fifth shall be remitted by the county or
236	municipality to the Department of Revenue for deposit into the
237	General Revenue Fund, one-fifth shall be remitted to the
238	Department of Revenue for deposit into the Department of Health
239	Administrative Trust Fund, and three-fifths shall be retained by
240	the county or municipality enforcing the ordinance enacted
241	pursuant to this section. Funds deposited into the Department of
242	Health Administrative Trust Fund under this subsection shall be
243	distributed as provided in s. 395.4036(1).
244	(3)  A complaint that a county or municipality is employing
245	traffic infraction detectors for purposes other than the
246	promotion of public health, welfare, and safety or in a manner
247	inconsistent with this section may be submitted to the governing
248	body of such county or municipality. Such complaints, along with
249	any investigation and corrective action taken by the county or
250	municipal governing body, shall be included in the annual report
251	to the Department of Transportation and in that department's
252	annual summary report to the Governor, the President of the
253	Senate, and the Speaker of the House Representatives, as
254	required by this section. Based on its review of the report, the
255	Legislature may exclude a county or municipality from further
256	participation in the program.
257	(4)(a)  Each county or municipality that operates a traffic
258	infraction detector shall submit an annual report to the
259	Department of Transportation that details the results of using
260	the traffic infraction detector and the procedures for
261	enforcement.
262	(b)  The Department of Transportation shall provide an
263	annual summary report to the Governor, the President of the
264	Senate, and the Speaker of the House of Representatives
265	regarding the use and operation of traffic infraction detectors
266	under this section. The summary report must include a review of
267	the information submitted to the Department of Transportation by
268	the counties and municipalities and must describe the
269	enhancement of the traffic safety and enforcement programs. The
270	Department of Transportation shall report its recommendations,
271	including any necessary legislation, on or before December 1,
272	2010, to the Governor, the President of the Senate, and the
273	Speaker of the House of Representatives.
274	Section 4.  Subsection (6) of section 316.0745, Florida
275	Statutes, is amended to read:
276	316.0745  Uniform signals and devices.--
277	(6)  Any system of traffic control devices controlled and
278	operated from a remote location by electronic computers or
279	similar devices must shall meet all requirements established for
280	the uniform system, and, if where such a system affects systems
281	affect the movement of traffic on state roads, the design of the
282	system must shall be reviewed and approved by the Department of
283	Transportation.
284	Section 5.  Section 316.07456, Florida Statutes, is created
285	to read:
286	316.07456  Grandfather clause.--
287	(1)  Any traffic infraction detector deployed on the
288	streets and highways of the state must meet the contract
289	specifications established by the Department of Transportation
290	and must be tested at regular intervals according to procedures
291	prescribed by that department.
292	(2)  Notwithstanding any provision of law to the contrary,
293	prior to September 30, 2010, nothing in this act shall prohibit
294	any county or municipality from utilizing red light traffic
295	enforcement devices of any type or from enforcing violations of
296	s. 316.074(1) or s. 316.075(1)(c) or other red light traffic
297	enforcement ordinances if such county or municipality has
298	enacted an ordinance to enforce red light violations or has
299	entered into a contract to purchase or lease equipment to
300	enforce red light violations prior to the effective date of this
301	act.
302	(3)  Counties and municipalities using grandfathered
303	equipment pursuant to subsection (2) shall charge violators a
304	$150 penalty. One-fifth of the penalty shall be remitted by the
305	county or municipality to the Department of Revenue for deposit
306	into the General Revenue Fund, one-fifth shall be remitted to
307	the Department of Revenue for deposit into the Department of
308	Health Administrative Trust Fund, and three-fifths shall be
309	retained by the county or municipality. Funds deposited into the
310	Department of Health Administrative Trust Fund under this
311	subsection shall be distributed as provided in s. 395.4036(1)(a)
312	as if such funds had been collected under s. 316.0083.
313	(4)  This section expires October 1, 2010.
314	Section 6.  Section 316.0776, Florida Statutes, is created
315	to read:
316	316.0776  Traffic infraction detectors; placement and
317	installation.--Placement and installation of traffic infraction
318	detectors is allowed on the State Highway System, county roads,
319	and city streets pursuant to specifications developed by the
320	Department of Transportation, so long as the safety and
321	operation of the road facility is not impaired.
322	Section 7.  Subsection (6) of section 316.1967, Florida
323	Statutes, is amended to read:
324	316.1967  Liability for payment of parking ticket
325	violations and other parking violations.--
326	(6)  Any county or municipality may provide by ordinance
327	that the clerk of the court or the traffic violations bureau
328	shall supply the department with a magnetically encoded computer
329	tape reel or cartridge or send by other electronic means data
330	which is machine readable by the installed computer system at
331	the department, listing persons who have three or more
332	outstanding parking violations, including violations of s.
333	316.1955, or who have one or more outstanding tickets for a
334	violation of a traffic control signal steady red light
335	indication issued pursuant to an ordinance adopted under s.
336	316.0083. Each county shall provide by ordinance that the clerk
337	of the court or the traffic violations bureau shall supply the
338	department with a magnetically encoded computer tape reel or
339	cartridge or send by other electronic means data that is machine
340	readable by the installed computer system at the department,
341	listing persons who have any outstanding violations of s.
342	316.1955 or any similar local ordinance that regulates parking
343	in spaces designated for use by persons who have disabilities.
344	The department shall mark the appropriate registration records
345	of persons who are so reported. Section 320.03(8) applies to
346	each person whose name appears on the list.
347	Section 8.  Subsection (1) of section 395.4036, Florida
348	Statutes, is amended to read:
349	395.4036  Trauma payments.--
350	(1)  Recognizing the Legislature's stated intent to provide
351	financial support to the current verified trauma centers and to
352	provide incentives for the establishment of additional trauma
353	centers as part of a system of state-sponsored trauma centers,
354	the department shall use utilize funds collected under ss.
355	316.0083 and s. 318.18(15) and deposited into the Administrative
356	Trust Fund of the department to ensure the availability and
357	accessibility of trauma and emergency services throughout the
358	state as provided in this subsection.
359	(a)  Funds collected under ss. 316.0083 and 318.18(15)
360	shall be distributed as follows:
361	1.(a)  Eighteen Twenty percent of the total funds collected
362	under s. 316.0083 and 20 percent of the total funds collected
363	under s. 318.18(15) this subsection during the state fiscal year
364	shall be distributed to verified trauma centers that have a
365	local funding contribution as of December 31. Distribution of
366	funds under this paragraph shall be based on trauma caseload
367	volume for the most recent calendar year available.
368	2.(b)  Thirty-eight percent of the total funds collected
369	under s. 316.0083 and 40 forty percent of the total funds
370	collected under s. 318.18(15) this subsection shall be
371	distributed to verified trauma centers based on trauma caseload
372	volume for the most recent calendar year available. The
373	determination of caseload volume for distribution of funds under
374	this paragraph shall be based on the department's Trauma
375	Registry data.
376	3.(c)  Thirty-eight percent of the total funds collected
377	under s. 316.0083 and 40 forty percent of the total funds
378	collected under s. 318.18(15) this subsection shall be
379	distributed to verified trauma centers based on severity of
380	trauma patients for the most recent calendar year available. The
381	determination of severity for distribution of funds under this
382	paragraph shall be based on the department's International
383	Classification Injury Severity Scores or another statistically
384	valid and scientifically accepted method of stratifying a trauma
385	patient's severity of injury, risk of mortality, and resource
386	consumption as adopted by the department by rule, weighted based
387	on the costs associated with and incurred by the trauma center
388	in treating trauma patients. The weighting of scores shall be
389	established by the department by rule.
390	4.  Two percent of the total funds collected under s.
391	316.0083 shall be distributed to public hospitals that qualify
392	for distributions under s. 409.911(4), that are not verified
393	trauma centers but are located in trauma service areas, as
394	defined under s. 395.402, and that do not have a verified trauma
395	center based on their proportionate number of emergency room
396	visits on an annual basis. The Agency for Health Care
397	Administration shall provide the department with a list of
398	public hospitals and emergency room visits.
399	5.  Two percent of the total funds collected under s.
400	316.0083 shall be distributed to provide an enhanced Medicaid
401	payment to nursing homes that serve residents with brain and
402	spinal cord injuries who are Medicaid recipients.
403	6.  Two percent of the total funds collected under s.
404	316.0083 shall be distributed equally to crisis stabilization
405	units, rural health initiatives, and community-based support
406	programs that provide supports and services for individuals who
407	have sustained a traumatic brain injury.
408	(b)  Funds deposited in the department's Administrative
409	Trust Fund for verified trauma centers may be used to maximize
410	the receipt of federal funds that may be available for such
411	trauma centers and nontrauma center public hospitals.
412	Notwithstanding this section and s. 318.14, distributions to
413	trauma centers may be adjusted in a manner to ensure that total
414	payments to trauma centers represent the same proportional
415	allocation as set forth in this section and s. 318.14. For
416	purposes of this section and s. 318.14, total funds distributed
417	to trauma centers may include revenue from the Administrative
418	Trust Fund and federal funds for which revenue from the
419	Administrative Trust Fund is used to meet state or local
420	matching requirements. Funds collected under ss. 318.14,
421	316.0083, and 318.18(15) and deposited in the Administrative
422	Trust Fund of the department shall be distributed to trauma
423	centers and nontrauma center public hospitals on a quarterly
424	basis using the most recent calendar year data available. Such
425	data shall not be used for more than four quarterly
426	distributions unless there are extenuating circumstances as
427	determined by the department, in which case the most recent
428	calendar year data available shall continue to be used and
429	appropriate adjustments shall be made as soon as the more recent
430	data becomes available.
431	Section 9.  This act recognizes and ratifies any
432	enforcement action taken by a county or municipality using a
433	traffic infraction detector that was installed before the
434	effective date of this act.
435	Section 10.  If any provision of this act or its
436	application to any person or circumstance is held invalid, the
437	invalidity shall not affect other provisions or applications of
438	this act which can be given effect without the invalid provision
439	or application, and to this end the provisions of this act are
440	declared severable.
441	Section 11.  This act shall take effect upon becoming a
442	law.

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