Florida Senate - 2011                                     SB 672
       
       
       
       By Senator Garcia
       
       
       
       
       40-00860-11                                            2011672__
    1                        A bill to be entitled                      
    2         An act relating to uniform traffic control; repealing
    3         s. 316.003(87), F.S., relating to the definition of
    4         the term “traffic infraction detector”; repealing s.
    5         316.0076, F.S., relating to the regulation of the use
    6         of cameras to enforce traffic laws being expressly
    7         preempted to the state; repealing s. 316.008(8), F.S.,
    8         relating to the authority of a county or municipality
    9         to use a traffic infraction detector to enforce
   10         certain designated traffic laws; repealing s.
   11         316.0083, F.S., relating to the Mark Wandall Traffic
   12         Safety Program, a program to install and operate a
   13         system of traffic infraction detectors at red light
   14         intersections; repealing s. 316.00831, F.S., relating
   15         to the distribution of penalties collected pursuant to
   16         the Mark Wandall Traffic Safety Program; repealing s.
   17         316.07456, F.S., relating to the transitional
   18         implementation of traffic infraction detectors on
   19         highways and roads of this state; repealing s.
   20         316.0776, F.S., relating to the placement and
   21         installation of a traffic infraction detector by the
   22         Department of Highway Safety and Motor Vehicles, a
   23         county, or a municipality; amending s. 316.640, F.S.;
   24         removing the provisions that authorize the department,
   25         sheriff’s department, or police department to
   26         designate employees as traffic infraction enforcement
   27         officers; removing the provisions relating to the
   28         training and duties of traffic infraction enforcement
   29         officers; amending s. 316.650, F.S.; removing the
   30         provisions relating to the operation of the traffic
   31         infraction detection system; amending s. 318.14, F.S.;
   32         conforming provision to changes made by the act;
   33         amending s. 318.18, F.S.; removing the provisions for
   34         the distribution of penalties involving red light
   35         intersections; repealing s. 321.50, F.S., relating to
   36         the authorization of the Department of Highway Safety
   37         and Motor Vehicles to use traffic infraction detectors
   38         to enforce designated laws; amending s. 322.27, F.S.;
   39         revising the point system used by the department for
   40         traffic violations; repealing ss. 15 and 16 of chapter
   41         2010-80, Laws of Florida, relating to the collection
   42         and remittal of penalties and an appropriation;
   43         providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Subsection (87) of section 316.003, Florida
   48  Statutes, is repealed.
   49         Section 2. Section 316.0076, Florida Statutes, is repealed.
   50         Section 3. Subsection (8) of section 316.008, Florida
   51  Statutes, is repealed.
   52         Section 4. Section 316.0083, Florida Statutes, is repealed.
   53         Section 5. Section 316.00831, Florida Statutes, is
   54  repealed.
   55         Section 6. Section 316.07456, Florida Statutes, is
   56  repealed.
   57         Section 7. Section 316.0776, Florida Statutes, is repealed.
   58         Section 8. Paragraph (b) of subsection (1) and subsection
   59  (5) of section 316.640, Florida Statutes, are amended to read:
   60         316.640 Enforcement.—The enforcement of the traffic laws of
   61  this state is vested as follows:
   62         (1) STATE.—
   63         (b)1. The Department of Transportation has authority to
   64  enforce on all the streets and highways of this state all laws
   65  applicable within its authority.
   66         2.a. The Department of Transportation shall develop
   67  training and qualifications standards for toll enforcement
   68  officers whose sole authority is to enforce the payment of tolls
   69  pursuant to s. 316.1001. Nothing in this subparagraph shall be
   70  construed to permit the carrying of firearms or other weapons,
   71  nor shall a toll enforcement officer have arrest authority.
   72         b. For the purpose of enforcing s. 316.1001, governmental
   73  entities, as defined in s. 334.03, which own or operate a toll
   74  facility may employ independent contractors or designate
   75  employees as toll enforcement officers; however, any such toll
   76  enforcement officer must successfully meet the training and
   77  qualifications standards for toll enforcement officers
   78  established by the Department of Transportation.
   79         3. For the purpose of enforcing s. 316.0083, the department
   80  may designate employees as traffic infraction enforcement
   81  officers. A traffic infraction enforcement officer must
   82  successfully complete instruction in traffic enforcement
   83  procedures and court presentation through the Selective Traffic
   84  Enforcement Program as approved by the Division of Criminal
   85  Justice Standards and Training of the Department of Law
   86  Enforcement, or through a similar program, but may not
   87  necessarily otherwise meet the uniform minimum standards
   88  established by the Criminal Justice Standards and Training
   89  Commission for law enforcement officers or auxiliary law
   90  enforcement officers under s. 943.13. This subparagraph does not
   91  authorize the carrying of firearms or other weapons by a traffic
   92  infraction enforcement officer and does not authorize a traffic
   93  infraction enforcement officer to make arrests. The department’s
   94  traffic infraction enforcement officers must be physically
   95  located in the state.
   96         (5)(a) Any sheriff’s department or police department of a
   97  municipality may employ, as a traffic infraction enforcement
   98  officer, any individual who successfully completes instruction
   99  in traffic enforcement procedures and court presentation through
  100  the Selective Traffic Enforcement Program as approved by the
  101  Division of Criminal Justice Standards and Training of the
  102  Department of Law Enforcement, or through a similar program, but
  103  who does not necessarily otherwise meet the uniform minimum
  104  standards established by the Criminal Justice Standards and
  105  Training Commission for law enforcement officers or auxiliary
  106  law enforcement officers under s. 943.13. Any such traffic
  107  infraction enforcement officer who observes the commission of a
  108  traffic infraction or, in the case of a parking infraction, who
  109  observes an illegally parked vehicle may issue a traffic
  110  citation for the infraction when, based upon personal
  111  investigation, he or she has reasonable and probable grounds to
  112  believe that an offense has been committed which constitutes a
  113  noncriminal traffic infraction as defined in s. 318.14. In
  114  addition, any such traffic infraction enforcement officer may
  115  issue a traffic citation under s. 316.0083. For purposes of
  116  enforcing s. 316.0083, any sheriff’s department or police
  117  department of a municipality may designate employees as traffic
  118  infraction enforcement officers. The traffic infraction
  119  enforcement officers must be physically located in the county of
  120  the respective sheriff’s or police department.
  121         (b) The traffic infraction enforcement officer shall be
  122  employed in relationship to a selective traffic enforcement
  123  program at a fixed location or as part of a crash investigation
  124  team at the scene of a vehicle crash or in other types of
  125  traffic infraction enforcement under the direction of a fully
  126  qualified law enforcement officer; however, it is not necessary
  127  that the traffic infraction enforcement officer’s duties be
  128  performed under the immediate supervision of a fully qualified
  129  law enforcement officer.
  130         (c) This subsection does not permit the carrying of
  131  firearms or other weapons, nor do traffic infraction enforcement
  132  officers have arrest authority other than the authority to issue
  133  a traffic citation as provided in this subsection.
  134         Section 9. Subsection (3) of section 316.650, Florida
  135  Statutes, is amended to read:
  136         316.650 Traffic citations.—
  137         (3)(a) Except for a traffic citation issued pursuant to s.
  138  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  139  issuing a traffic citation to an alleged violator of any
  140  provision of the motor vehicle laws of this state or of any
  141  traffic ordinance of any municipality or town, shall deposit the
  142  original traffic citation or, in the case of a traffic
  143  enforcement agency that has an automated citation issuance
  144  system, the chief administrative officer shall provide by an
  145  electronic transmission a replica of the citation data to a
  146  court having jurisdiction over the alleged offense or with its
  147  traffic violations bureau within 5 days after issuance to the
  148  violator.
  149         (b) If a traffic citation is issued pursuant to s.
  150  316.1001, a traffic enforcement officer may deposit the original
  151  traffic citation or, in the case of a traffic enforcement agency
  152  that has an automated citation system, may provide by an
  153  electronic transmission a replica of the citation data to a
  154  court having jurisdiction over the alleged offense or with its
  155  traffic violations bureau within 45 days after the date of
  156  issuance of the citation to the violator. If the person cited
  157  for the violation of s. 316.1001 elects to pay makes the
  158  election provided by s. 318.14(12) and pays the $25 fine, or
  159  such other amount as imposed by the governmental entity owning
  160  the applicable toll facility, plus the amount of the unpaid toll
  161  that is shown on the traffic citation directly to the
  162  governmental entity that issued the citation, or on whose behalf
  163  the citation was issued, in accordance with s. 318.14(12), the
  164  traffic citation will not be submitted to the court, the
  165  disposition will be reported to the department by the
  166  governmental entity that issued the citation, or on whose behalf
  167  the citation was issued, and no points will be assessed against
  168  the person’s driver’s license.
  169         (c) If a traffic citation is issued under s. 316.0083, the
  170  traffic infraction enforcement officer shall provide by
  171  electronic transmission a replica of the traffic citation data
  172  to the court having jurisdiction over the alleged offense or its
  173  traffic violations bureau within 5 days after the date of
  174  issuance of the traffic citation to the violator.
  175         Section 10. Subsection (2) of section 318.14, Florida
  176  Statutes, is amended to read:
  177         318.14 Noncriminal traffic infractions; exception;
  178  procedures.—
  179         (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
  180  and 316.0083, any person cited for a violation requiring a
  181  mandatory hearing listed in s. 318.19 or any other criminal
  182  traffic violation listed in chapter 316 must sign and accept a
  183  citation indicating a promise to appear. The officer may
  184  indicate on the traffic citation the time and location of the
  185  scheduled hearing and must indicate the applicable civil penalty
  186  established in s. 318.18. For all other infractions under this
  187  section, except for infractions under s. 316.1001, the officer
  188  must certify by electronic, electronic facsimile, or written
  189  signature that the citation was delivered to the person cited.
  190  This certification is prima facie evidence that the person cited
  191  was served with the citation.
  192         Section 11. Subsection (15) of section 318.18, Florida
  193  Statutes, is amended to read:
  194         318.18 Amount of penalties.—The penalties required for a
  195  noncriminal disposition pursuant to s. 318.14 or a criminal
  196  offense listed in s. 318.17 are as follows:
  197         (15)(a)1. One hundred and fifty-eight dollars for a
  198  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  199  has failed to stop at a traffic signal and when enforced by a
  200  law enforcement officer. Sixty dollars shall be distributed as
  201  provided in s. 318.21, $30 shall be distributed to the General
  202  Revenue Fund, $3 shall be remitted to the Department of Revenue
  203  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  204  and the remaining $65 shall be remitted to the Department of
  205  Revenue for deposit into the Administrative Trust Fund of the
  206  Department of Health.
  207         2. One hundred and fifty-eight dollars for a violation of
  208  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  209  stop at a traffic signal and when enforced by the department’s
  210  traffic infraction enforcement officer. One hundred dollars
  211  shall be remitted to the Department of Revenue for deposit into
  212  the General Revenue Fund, $45 shall be distributed to the county
  213  for any violations occurring in any unincorporated areas of the
  214  county or to the municipality for any violations occurring in
  215  the incorporated boundaries of the municipality in which the
  216  infraction occurred, $10 shall be remitted to the Department of
  217  Revenue for deposit into the Department of Health Administrative
  218  Trust Fund for distribution as provided in s. 395.4036(1), and
  219  $3 shall be remitted to the Department of Revenue for deposit
  220  into the Brain and Spinal Cord Injury Trust Fund.
  221         3. One hundred and fifty-eight dollars for a violation of
  222  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  223  stop at a traffic signal and when enforced by a county’s or
  224  municipality’s traffic infraction enforcement officer. Seventy
  225  five dollars shall be distributed to the county or municipality
  226  issuing the traffic citation, $70 shall be remitted to the
  227  Department of Revenue for deposit into the General Revenue Fund,
  228  $10 shall be remitted to the Department of Revenue for deposit
  229  into the Department of Health Administrative Trust Fund for
  230  distribution as provided in s. 395.4036(1), and $3 shall be
  231  remitted to the Department of Revenue for deposit into the Brain
  232  and Spinal Cord Injury Trust Fund.
  233         (b) Amounts deposited into the Brain and Spinal Cord Injury
  234  Trust Fund pursuant to this subsection shall be distributed
  235  quarterly to the Miami Project to Cure Paralysis and shall be
  236  used for brain and spinal cord research.
  237         (c) If a person who is cited for a violation of s.
  238  316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
  239  infraction enforcement officer under s. 316.0083, presents
  240  documentation from the appropriate governmental entity that the
  241  traffic citation was in error, the clerk of court may dismiss
  242  the case. The clerk of court shall not charge for this service.
  243         (d) An individual may not receive a commission or per
  244  ticket fee from any revenue collected from violations detected
  245  through the use of a traffic infraction detector. A manufacturer
  246  or vendor may not receive a fee or remuneration based upon the
  247  number of violations detected through the use of a traffic
  248  infraction detector.
  249         (e) Funds deposited into the Department of Health
  250  Administrative Trust Fund under this subsection shall be
  251  distributed as provided in s. 395.4036(1).
  252         Section 12. Section 321.50, Florida Statutes, is repealed.
  253         Section 13. Paragraph (d) of subsection (3) of section
  254  322.27, Florida Statutes, is amended to read:
  255         322.27 Authority of department to suspend or revoke
  256  license.—
  257         (3) There is established a point system for evaluation of
  258  convictions of violations of motor vehicle laws or ordinances,
  259  and violations of applicable provisions of s. 403.413(6)(b) when
  260  such violations involve the use of motor vehicles, for the
  261  determination of the continuing qualification of any person to
  262  operate a motor vehicle. The department is authorized to suspend
  263  the license of any person upon showing of its records or other
  264  good and sufficient evidence that the licensee has been
  265  convicted of violation of motor vehicle laws or ordinances, or
  266  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  267  more points as determined by the point system. The suspension
  268  shall be for a period of not more than 1 year.
  269         (d) The point system shall have as its basic element a
  270  graduated scale of points assigning relative values to
  271  convictions of the following violations:
  272         1. Reckless driving, willful and wanton—4 points.
  273         2. Leaving the scene of a crash resulting in property
  274  damage of more than $50—6 points.
  275         3. Unlawful speed resulting in a crash—6 points.
  276         4. Passing a stopped school bus—4 points.
  277         5. Unlawful speed:
  278         a. Not in excess of 15 miles per hour of lawful or posted
  279  speed—3 points.
  280         b. In excess of 15 miles per hour of lawful or posted
  281  speed—4 points.
  282         6. A violation of a traffic control signal device as
  283  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  284  However, no points shall be imposed for a violation of s.
  285  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  286  stop at a traffic signal and when enforced by a traffic
  287  infraction enforcement officer. In addition, a violation of s.
  288  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  289  stop at a traffic signal and when enforced by a traffic
  290  infraction enforcement officer may not be used for purposes of
  291  setting motor vehicle insurance rates.
  292         7. All other moving violations (including parking on a
  293  highway outside the limits of a municipality)—3 points. However,
  294  no points shall be imposed for a violation of s. 316.0741 or s.
  295  316.2065(12); and points shall be imposed for a violation of s.
  296  316.1001 only when imposed by the court after a hearing pursuant
  297  to s. 318.14(5).
  298         8. Any moving violation covered above, excluding unlawful
  299  speed, resulting in a crash—4 points.
  300         9. Any conviction under s. 403.413(6)(b)—3 points.
  301         10. Any conviction under s. 316.0775(2)—4 points.
  302         Section 14. Sections 15 and 16 of chapter 2010-80, Laws of
  303  Florida, are repealed.
  304         Section 15. This act shall take effect July 1, 2011.