CS/HB 325

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 a right-of-way owned or maintained by the
20	Department of Transportation or on a right-of-way or area
21	owned, leased, or maintained by the county or municipality
22	in which the traffic infraction detector is to be
23	installed; prohibiting additional charges; exempting
24	emergency vehicles; providing that the registered owner of
25	the motor vehicle involved in the violation is responsible
26	and liable for payment of the fine assessed; providing
27	exceptions; providing procedures for disposition and
28	enforcement of tickets; providing for a person to contest
29	such ticket; providing for disposition of revenue
30	collected; providing complaint procedures; providing for
31	the Legislature to exclude a county or municipality from
32	the program; requiring reports from participating
33	municipalities and counties to the department; requiring
34	the department to make reports to the Governor and the
35	Legislature; amending s. 316.0745, F.S.; providing that
36	traffic infraction detectors must meet certain
37	specifications; creating s. 316.07456, F.S.; providing for
38	preexisting equipment; requiring counties and
39	municipalities that enacted an ordinance to enforce red
40	light violations or entered into a contract to purchase or
41	lease equipment to enforce red light violations before the
42	effective date of this act to charge a certain penalty
43	amount; requiring counties or municipalities that have
44	acquired such equipment pursuant to an agreement entered
45	into before the effective date of this act to make certain
46	payments to the state; providing for future expiration of
47	such provisions; creating s. 316.0776, F.S.; providing for
48	placement and installation of detectors on the State
49	Highway System, county roads, city streets, and leased
50	areas; amending s. 316.1967, F.S., relating to liability
51	for payment of parking ticket violations and other
52	violations; providing for inclusion of persons with
53	outstanding violations in a list sent to the Department of
54	Highway Safety and Motor Vehicles for enforcement
55	purposes; amending s. 395.4036, F.S.; providing for
56	distribution of funds to trauma centers, certain
57	hospitals, certain nursing homes, and certain health units
58	and programs, to be used for specified purposes;
59	correcting a cross-reference; exempting such funds from
60	specified audit provisions; ratifying prior enforcement
61	actions; providing for severability; providing an
62	effective date.
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1.  This act may be cited as the "Mark Wandall
67	Traffic Safety Act."
68	Section 2.  Subsection (86) is added to section 316.003,
69	Florida Statutes, to read:
70	316.003  Definitions.-The following words and phrases, when
71	used in this chapter, shall have the meanings respectively
72	ascribed to them in this section, except where the context
73	otherwise requires:
74	(86)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
75	installed to work in conjunction with a traffic control signal
76	and a camera or cameras synchronized to automatically record two
77	or more sequenced photographic or electronic images or streaming
78	video of only the rear of a motor vehicle at the time the
79	vehicle fails to stop behind the stop bar or clearly marked stop
80	line when facing a traffic control signal steady red light. Any
81	ticket issued by the use of a traffic infraction detector must
82	include a photograph or other recorded image showing both the
83	license tag of the offending vehicle and the traffic control
84	device being violated.
85	Section 3.  Section 316.0083, Florida Statutes, is created
86	to read:
87	316.0083  Mark Wandall Traffic Safety Program;
88	administration; report.-
89	(1)  There is created the Mark Wandall Traffic Safety
90	Program governing the operation of traffic infraction detectors.
91	The program shall be administered by the Department of
92	Transportation and shall include the following provisions:
93	(a)  In order to use a traffic infraction detector, a
94	county or municipality must enact an ordinance that provides for
95	the use of a traffic infraction detector to enforce s.
96	316.075(1)(c), which requires the driver of a vehicle to stop
97	the vehicle when facing a traffic control signal steady red
98	light on the streets and highways under the jurisdiction of the
99	county or municipality. The traffic infraction detector must
100	conform to the contract specifications adopted by the Department
101	of Transportation under s. 316.0776. A county or municipality
102	may install such detectors within the boundaries of the county
103	or municipality on rights-of-way owned or maintained by the
104	Department of Transportation or on rights-of-way or areas owned,
105	leased, or maintained by that county or municipality. Only a
106	municipality may install or authorize the installation of any
107	such detectors within the incorporated area of the municipality.
108	A municipality may authorize the state or county to install such
109	detectors within its incorporated area. Only a county may
110	install or authorize the installation of any such detectors
111	within the unincorporated area of the county. A county may
112	authorize the state to install such detectors in the
113	unincorporated area of the county. A county or municipality that
114	operates a traffic infraction detector must authorize a traffic
115	infraction enforcement officer or a code enforcement officer to
116	issue a ticket for a violation of s. 316.075(1)(c) and to
117	enforce the payment of the ticket for such violation. This
118	paragraph does not authorize a traffic infraction enforcement
119	officer or a code enforcement officer to carry a firearm or
120	other weapon and does not authorize such an officer to make
121	arrests. The ordinance must require signs to be posted at
122	locations designated by the county or municipality providing
123	notification that a traffic infraction detector may be in use.
124	Such signage must conform to the specifications adopted by the
125	Department of Transportation under s. 316.0745 or must be in
126	accordance with all applicable provisions of the latest edition
127	of the Manual on Uniform Traffic Control Devices, part 2, signs.
128	The ordinance must provide for the county or municipality to
129	install, maintain, and operate traffic infraction detectors
130	within the boundaries of the county or municipality on rights-
131	of-way owned or maintained by the Department of Transportation
132	or on rights-of-way or areas owned, leased, or maintained by
133	that county or municipality. The ordinance must also require
134	that the county or municipality make a public announcement and
135	conduct a public awareness campaign of the proposed use of
136	traffic infraction detectors at least 30 days before commencing
137	the enforcement program. In addition, the ordinance must
138	establish a fine of $155 to be assessed against the registered
139	owner of a motor vehicle that fails to stop when facing a
140	traffic control signal steady red light as determined through
141	the use of a traffic infraction detector. Any other provision of
142	law to the contrary notwithstanding, an additional surcharge,
143	fee, or cost may not be added to the civil penalty authorized by
144	this paragraph, except as provided in paragraph (g).
145	(b)  When responding to an emergency call, an emergency
146	vehicle is exempt from any ordinance enacted under this section.
147	(c)  A county or municipality must adopt an ordinance under
148	this section that provides for the use of a traffic infraction
149	detector in order to impose a fine on the registered owner of a
150	motor vehicle for a violation of s. 316.075(1)(c). The fine
151	shall be imposed in the same manner and is subject to the same
152	limitations as provided for parking violations under s.
153	316.1967. Except as specifically provided in this section,
154	chapter 318 and s. 322.27 do not apply to a violation of s.
155	316.075(1)(c) for which a ticket has been issued under an
156	ordinance enacted pursuant to this section. Enforcement of a
157	ticket issued under the ordinance is not a conviction of the
158	operator of the motor vehicle, may not be made a part of the
159	driving record of the operator, and may not be used for purposes
160	of setting motor vehicle insurance rates. Points under s. 322.27
161	may not be assessed based upon such enforcement.
162	(d)  The procedures set forth in s. 316.1967(2)-(5) apply
163	to an ordinance enacted pursuant to this section, except that
164	the ticket must contain the name and address of the person
165	alleged to be liable as the registered owner of the motor
166	vehicle involved in the violation, the tag number of the motor
167	vehicle, the violation charged, a copy of the photographic image
168	or images evidencing the violation, the location where the
169	violation occurred, the date and time of the violation, and a
170	signed statement by a specifically trained technician employed
171	by the agency or its contractor that, based on inspection of
172	photographs or other recorded images, the motor vehicle was
173	being operated in violation of s. 316.075(1)(c). The ticket must
174	advise the registered owner of the motor vehicle involved in the
175	violation of the amount of the fine, the date by which the fine
176	must be paid, and the procedure for contesting the violation
177	alleged in the ticket. The ticket must contain a warning that
178	failure to contest the violation in the manner and time provided
179	is deemed an admission of the liability and that a default may
180	be entered thereon. The violation shall be processed by the
181	county or municipality that has jurisdiction over the street or
182	highway where the violation occurred or by any entity authorized
183	by the county or municipality to prepare and mail the ticket.
184	(e)  The ticket shall be sent by first-class or certified
185	mail, addressed to the registered owner of the motor vehicle,
186	and postmarked no later than 30 days after obtaining the name
187	and address of the registered owner of the vehicle, but in no
188	event later than 60 days after the date of the violation.
189	(f)1.  The registered owner of the motor vehicle involved
190	in a violation is responsible and liable for payment of the fine
191	assessed pursuant to this section unless the owner can establish
192	that:
193	a.  The motor vehicle passed through the intersection in
194	order to yield right-of-way to an emergency vehicle or as part
195	of a funeral procession;
196	b.  The motor vehicle passed through the intersection at
197	the direction of a law enforcement officer;
198	c.  The motor vehicle was stolen at the time of the alleged
199	violation; or
200	d.  A uniform traffic citation was issued to the driver of
201	the motor vehicle for the alleged violation of s. 316.075(1)(c).
202	2.  In order to establish any such fact pursuant to
203	subparagraph 1., the registered owner of the vehicle must,
204	within 60 days after receipt of notification of the alleged
205	violation, furnish to the county or municipality, as
206	appropriate, an affidavit that sets forth detailed information
207	supporting an exemption under subparagraph 1. For an exemption
208	under sub-subparagraph 1.c., the affidavit must set forth that
209	the vehicle was stolen and be accompanied by a copy of the
210	police report indicating that the vehicle was stolen at the time
211	of the alleged violation. For an exemption under sub-
212	subparagraph 1.d., the affidavit must set forth that a citation
213	was issued and be accompanied by a copy of the citation
214	indicating the time of the alleged violation and the location of
215	the intersection where it occurred.
216	(g)  A registered owner may contest the determination that
217	such person failed to stop at a traffic control signal steady
218	red light as evidenced by a traffic infraction detector by
219	electing to appear before any judge or locally designated
220	official authorized by law to preside over an administrative
221	hearing that adjudicates traffic infractions. If a hearing is
222	requested by the registered owner, the notification by the
223	issuing authority of a hearing date, time, and location shall be
224	made by first class mail. A person who elects to appear before
225	the judge or designated official to present evidence is deemed
226	to have waived the limitation of civil penalties imposed for the
227	violation. The judge or designated official shall make a
228	determination as to whether a red light violation has been
229	committed and may impose a civil penalty not to exceed $155,
230	plus court costs. Any person who fails to pay the civil penalty
231	within the time allowed by the county, municipality, or court is
232	deemed to have been convicted of a violation and the court shall
233	take appropriate measures to enforce collection of the fine.
234	(h)  A certificate sworn to or affirmed by a person
235	authorized under this section who is employed by or under
236	contract with the county or municipality where the infraction
237	occurred, or a facsimile thereof that is based upon inspection
238	of photographs or other recorded images produced by a traffic
239	infraction detector, is prima facie evidence of the facts
240	contained in the certificate. A photograph or other recorded
241	image evidencing a violation of s. 316.075(1)(c) must be
242	available for inspection in any proceeding to adjudicate
243	liability under an ordinance enacted pursuant to this section.
244	(i)  In any county or municipality in which tickets are
245	issued as provided in this section, the names of persons who
246	have one or more outstanding violations may be included on the
247	list authorized under s. 316.1967(6).
248	(2)  Of the fine imposed and collected pursuant to
249	paragraph (1)(a) or paragraph (1)(g), $55 shall be remitted by
250	the county or municipality to the Department of Revenue for
251	deposit into the General Revenue Fund, $25 shall be remitted to
252	the Department of Revenue for deposit into the Department of
253	Health Administrative Trust Fund, and $75 shall be retained by
254	the county or municipality enforcing the ordinance enacted
255	pursuant to this section. Funds deposited into the Department of
256	Health Administrative Trust Fund under this subsection shall be
257	distributed as provided in s. 395.4036(1).
258	(3)  A complaint that a county or municipality is employing
259	traffic infraction detectors for purposes other than the
260	promotion of public health, welfare, and safety or in a manner
261	inconsistent with this section may be submitted to the governing
262	body of such county or municipality. Such complaints, along with
263	any investigation and corrective action taken by the county or
264	municipal governing body, shall be included in the biannual
265	report to the Department of Transportation and in that
266	department's biannual summary report to the Governor, the
267	President of the Senate, and the Speaker of the House
268	Representatives, as required by this section. Based on its
269	review of the report, the Legislature may exclude a county or
270	municipality from further participation in the program.
271	(4)(a)  Each county or municipality that operates a traffic
272	infraction detector shall submit a biannual report to the
273	Department of Transportation that details the results of using
274	the traffic infraction detector and the procedures for
275	enforcement.
276	(b)  The Department of Transportation shall provide a
277	biannual summary report to the Governor, the President of the
278	Senate, and the Speaker of the House of Representatives
279	regarding the use and operation of traffic infraction detectors
280	under this section. The summary report must include a review of
281	the information submitted to the Department of Transportation by
282	the counties and municipalities and must describe the
283	enhancement of the traffic safety and enforcement programs. The
284	Department of Transportation shall report its recommendations,
285	including any necessary legislation, on or before December 1 of
286	each even-numbered year to the Governor, the President of the
287	Senate, and the Speaker of the House of Representatives.
288	Section 4.  Subsection (6) of section 316.0745, Florida
289	Statutes, is amended to read:
290	316.0745  Uniform signals and devices.-
291	(6)  Any system of traffic control devices controlled and
292	operated from a remote location by electronic computers or
293	similar devices must shall meet all requirements established for
294	the uniform system, and, if where such a system affects systems
295	affect the movement of traffic on state roads, the design of the
296	system must shall be reviewed and approved by the Department of
297	Transportation.
298	Section 5.  Section 316.07456, Florida Statutes, is created
299	to read:
300	316.07456  Grandfather clause.-
301	(1)  Any traffic infraction detector deployed on the
302	streets and highways of the state must meet the contract
303	specifications established by the Department of Transportation
304	and must be tested at regular intervals according to procedures
305	prescribed by that department.
306	(2)  Notwithstanding any provision of law to the contrary,
307	nothing in this act shall prohibit any county or municipality
308	from using red light traffic enforcement devices of any type or
309	from enforcing violations of s. 316.074(1) or s. 316.075(1)(c)
310	or other red light traffic enforcement ordinances if such county
311	or municipality has enacted an ordinance to enforce red light
312	violations or has entered into a contract to purchase or lease
313	equipment to enforce red light violations before the effective
314	date of this act.
315	(3)  Of the fine imposed and collected pursuant to s.
316	316.0083(1)(a) or (g), $55 shall be remitted by the county or
317	municipality to the Department of Revenue for deposit into the
318	General Revenue Fund, $25 shall be remitted to the Department of
319	Revenue for deposit into the Department of Health Administrative
320	Trust Fund, and $75 shall be retained by the county or
321	municipality enforcing the ordinance enacted pursuant to this
322	section. Funds deposited into the Department of Health
323	Administrative Trust Fund under this subsection shall be
324	distributed as provided in s. 395.4036(1).
325	(4)  This section expires 1 year after the Department of
326	Transportation's final adoption of specifications or on July 1,
327	2015, whichever occurs first.
328	Section 6.  Section 316.0776, Florida Statutes, is created
329	to read:
330	316.0776  Traffic infraction detectors; placement and
331	installation.-Placement and installation of traffic infraction
332	detectors is allowed on the State Highway System, county roads,
333	city streets, and leased areas pursuant to specifications
334	developed by the Department of Transportation, included in the
335	handbook addressing material and equipment connections to the
336	state electrical signal boxes and placement of signs on state
337	equipment to protect the safety and operation of the traffic
338	along roadways.
339	Section 7.  Subsection (6) of section 316.1967, Florida
340	Statutes, is amended to read:
341	316.1967  Liability for payment of parking ticket
342	violations and other parking violations.-
343	(6)  Any county or municipality may provide by ordinance
344	that the clerk of the court or the traffic violations bureau
345	shall supply the department with a magnetically encoded computer
346	tape reel or cartridge or send by other electronic means data
347	which is machine readable by the installed computer system at
348	the department, listing persons who have three or more
349	outstanding parking violations, including violations of s.
350	316.1955, or who have one or more outstanding tickets for a
351	violation of a traffic control signal steady red light
352	indication issued pursuant to an ordinance adopted under s.
353	316.0083. Each county shall provide by ordinance that the clerk
354	of the court or the traffic violations bureau shall supply the
355	department with a magnetically encoded computer tape reel or
356	cartridge or send by other electronic means data that is machine
357	readable by the installed computer system at the department,
358	listing persons who have any outstanding violations of s.
359	316.0083 or s. 316.1955 or any similar local ordinance that
360	regulates parking in spaces designated for use by persons who
361	have disabilities. The department shall mark the appropriate
362	registration records of persons who are so reported. Section
363	320.03(8) applies to each person whose name appears on the list.
364	Section 8.  Section 395.4036, Florida Statutes, is amended
365	to read:
366	395.4036  Trauma payments.-
367	(1)  Recognizing the Legislature's stated intent to provide
368	financial support to the current verified trauma centers and to
369	provide incentives for the establishment of additional trauma
370	centers as part of a system of state-sponsored trauma centers,
371	the department shall use utilize funds collected under ss.
372	316.0083 and s. 318.18 and deposited into the Administrative
373	Trust Fund of the department to ensure the availability and
374	accessibility of trauma and emergency services throughout the
375	state as provided in this subsection.
376	(a)  Funds collected under ss. 316.0083 and s. 318.18(15)
377	shall be distributed as follows:
378	1.  Five dollars of each fine collected under s. 316.0083
379	shall be distributed equally among all children's crisis
380	stabilization units and rural health initiatives.
381	2.  Fourteen percent of the total funds, after the
382	deduction under subparagraph 1., which were collected under s.
383	316.0083 shall be distributed to the Miami Project to Cure
384	Paralysis for brain and spinal cord injury.
385	3.  Three percent of the total funds, after the deduction
386	under subparagraph 1., which were collected under s. 316.0083
387	shall be distributed equally to community-based support programs
388	that provide support and services for individuals who have
389	sustained a traumatic brain injury.
390	4.1.  Eighteen percent of the total funds, after the
391	deduction under subparagraph 1., which were collected under s.
392	316.0083 and 20 Twenty percent of the total funds collected
393	under s. 318.18(15) during the state fiscal year shall be
394	distributed to verified trauma centers that have a local funding
395	contribution as of December 31. Distribution of funds under this
396	subparagraph shall be based on trauma caseload volume for the
397	most recent calendar year available.
398	5.2.  Thirty percent of the total funds, after the
399	deduction under subparagraph 1., which were collected under s.
400	316.0083 and 40 Forty percent of the total funds collected under
401	s. 318.18(15) shall be distributed to verified trauma centers
402	based on trauma caseload volume for the most recent calendar
403	year available. The determination of caseload volume for
404	distribution of funds under this subparagraph shall be based on
405	the department's Trauma Registry data.
406	6.3.  Thirty-two percent of the total funds, after the
407	deduction under subparagraph 1., which were collected under s.
408	316.0083 and 40 Forty percent of the total funds collected under
409	s. 318.18(15) shall be distributed to verified trauma centers
410	based on severity of trauma patients for the most recent
411	calendar year available. The determination of severity for
412	distribution of funds under this subparagraph shall be based on
413	the department's International Classification Injury Severity
414	Scores or another statistically valid and scientifically
415	accepted method of stratifying a trauma patient's severity of
416	injury, risk of mortality, and resource consumption as adopted
417	by the department by rule, weighted based on the costs
418	associated with and incurred by the trauma center in treating
419	trauma patients. The weighting of scores shall be established by
420	the department by rule.
421	7.  Three percent of the total funds, after the deduction
422	under subparagraph 1., which were collected under s. 316.0083
423	shall be distributed to public hospitals that qualify for
424	distributions under s. 409.911(4), that are not verified trauma
425	centers but are located in trauma service areas, as defined
426	under s. 395.402, and that do not have a verified trauma center
427	based on their proportionate number of emergency room visits on
428	an annual basis. The Agency for Health Care Administration shall
429	provide the department with a list of public hospitals and
430	emergency room visits.
431	(b)  Funds collected under s. 318.18(5)(c) and (20) (19)
432	shall be distributed as follows:
433	1.  Thirty percent of the total funds collected shall be
434	distributed to Level II trauma centers operated by a public
435	hospital governed by an elected board of directors as of
436	December 31, 2008.
437	2.  Thirty-five percent of the total funds collected shall
438	be distributed to verified trauma centers based on trauma
439	caseload volume for the most recent calendar year available. The
440	determination of caseload volume for distribution of funds under
441	this subparagraph shall be based on the department's Trauma
442	Registry data.
443	3.  Thirty-five percent of the total funds collected shall
444	be distributed to verified trauma centers based on severity of
445	trauma patients for the most recent calendar year available. The
446	determination of severity for distribution of funds under this
447	subparagraph shall be based on the department's International
448	Classification Injury Severity Scores or another statistically
449	valid and scientifically accepted method of stratifying a trauma
450	patient's severity of injury, risk of mortality, and resource
451	consumption as adopted by the department by rule, weighted based
452	on the costs associated with and incurred by the trauma center
453	in treating trauma patients. The weighting of scores shall be
454	established by the department by rule.
455	(2)  Funds deposited in the department's Administrative
456	Trust Fund for verified trauma centers and nontrauma center
457	public hospitals may be used to maximize the receipt of federal
458	funds that may be available for such trauma centers and
459	nontrauma center public hospitals. Notwithstanding this section
460	and s. 318.14, distributions to trauma centers and nontrauma
461	center public hospitals may be adjusted in a manner to ensure
462	that total payments to trauma centers and nontrauma center
463	public hospitals represent the same proportional allocation as
464	set forth in this section and s. 318.14. For purposes of this
465	section and s. 318.14, total funds distributed to trauma centers
466	and nontrauma center public hospitals may include revenue from
467	the Administrative Trust Fund and federal funds for which
468	revenue from the Administrative Trust Fund is used to meet state
469	or local matching requirements. Funds collected under ss.
470	318.14, 316.0083, and 318.18 and deposited in the Administrative
471	Trust Fund of the department shall be distributed to trauma
472	centers and nontrauma center public hospitals on a quarterly
473	basis using the most recent calendar year data available. Such
474	data shall not be used for more than four quarterly
475	distributions unless there are extenuating circumstances as
476	determined by the department, in which case the most recent
477	calendar year data available shall continue to be used and
478	appropriate adjustments shall be made as soon as the more recent
479	data becomes available.
480	(3)  Funds distributed under this section are not subject
481	to the provisions of s. 215.97.
482	(a)  Any trauma center not subject to audit pursuant to s.
483	215.97 shall annually attest, under penalties of perjury, that
484	such proceeds were used in compliance with law. The annual
485	attestation shall be made in a form and format determined by the
486	department. The annual attestation shall be submitted to the
487	department for review within 9 months after the end of the
488	organization's fiscal year.
489	(b)  Any trauma center subject to audit pursuant to s.
490	215.97 shall submit an audit report in accordance with rules
491	adopted by the Auditor General.
492	(4)  The department, working with the Agency for Health
493	Care Administration, shall maximize resources for trauma
494	services wherever possible.
495	Section 9.  This act recognizes, validates, and ratifies
496	any enforcement action taken by a county or municipality using a
497	traffic infraction detector that was previously or is currently
498	installed until 1 year after the Department of Transportation's
499	final specifications are adopted, including any and all civil
500	fines, penalties, fees, and costs collected pursuant to such
501	enforcement action.
502	Section 10.  If any provision of this act or its
503	application to any person or circumstance is held invalid, the
504	invalidity shall not affect other provisions or applications of
505	this act which can be given effect without the invalid provision
506	or application, and to this end the provisions of this act are
507	declared severable.
508	Section 11.  This act shall take effect upon becoming a
509	law.

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