Florida Senate - 2012 SB 568
By Senator Wise
5-00609-12 2012568__
1 A bill to be entitled
2 An act relating to noncriminal traffic infractions;
3 creating s. 316.0077, F.S.; providing for testing of
4 certain unattended devices used to enforce traffic
5 laws; providing that such devices used to enforce
6 speed limit laws are also subject to specified
7 provisions; providing civil fines for violations;
8 amending s. 318.14, F.S.; specifying that, at a
9 hearing of any charge of a noncriminal traffic
10 infraction, the burden for proving guilt rests with
11 the governmental entity bringing the charge;
12 specifying that a person may not be compelled to be a
13 witness against himself or herself in any hearing of a
14 noncriminal traffic infraction; specifying that any
15 person charged with a violation that involves a
16 traffic infraction detector or any similar device has
17 the right to confront any witnesses against him or
18 her; requiring that evidence obtained from such device
19 must be authenticated in court by certain persons who
20 must appear in person and offer direct testimony and
21 account in writing for any evidence used; providing
22 for witness compensation pursuant to specified
23 provisions; providing that a person receiving a notice
24 of violation involving such device has the option of
25 paying a fine or requesting a hearing without further
26 issuance of a traffic citation and may not be charged
27 a surcharge for requesting the hearing; providing that
28 there shall be no prosecution of a traffic infraction
29 based upon evidence from such device and a notice of
30 violation or citation based on such device is void
31 unless the device has passed specified accuracy test;
32 providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Section 316.0077, Florida Statutes, is created
37 to read:
38 316.0077 Unattended traffic law enforcement devices.—
39 (1)(a) Any traffic infraction detector or similar
40 unattended device used to enforce the traffic laws of this state
41 must be tested for accuracy at least once every 6 months. Such
42 accuracy test shall consist of, at a minimum:
43 1. The length of time a traffic control device monitored by
44 the detector or similar device exhibits a yellow signal, if
45 applicable.
46 2. The amount of time elapsed, in milliseconds, between the
47 alleged violation and the capturing of any photograph or video.
48 3. Real-time verification that the vehicle or device used
49 for the accuracy test provides a valid test of the response of
50 the traffic infraction detector or similar unattended device
51 used to enforce the traffic laws of this state to an actual
52 potential violator.
53 (b) Any traffic infraction detector or other unattended
54 device used to enforce the unlawful speed laws of this state is
55 also subject to s. 316.1905.
56 (2) The accuracy checks shall be random and unannounced and
57 conducted by a private company that does not have any interest
58 in the outcome of the accuracy check. A government agency or
59 company that gives away, leases, or sells traffic infraction
60 detectors or similar unattended devices used to enforce the
61 traffic laws of this state or any affiliate of such company may
62 not perform the accuracy check. Any company operating a traffic
63 infraction detector or similar unattended device used to enforce
64 the traffic laws of this state shall provide access and
65 cooperation for the accuracy check, shall pay the costs of the
66 accuracy check, and may not charge for access.
67 (3) A person engaged in the process of an accuracy check
68 does not commit a violation of this chapter unless the check is
69 conducted in a reckless manner.
70 (4) A government agency or a company that operates, gives
71 away, leases, or sells traffic infraction detectors or similar
72 unattended devices used to enforce the traffic laws of this
73 state and that violates this section shall pay a civil fine of
74 not less than $500 per incident to the person aggrieved.
75 Section 2. Subsection (6) of section 318.14, Florida
76 Statutes, is amended to read:
77 318.14 Noncriminal traffic infractions; exception;
78 procedures.—
79 (6)(a) The commission of a charged infraction at a hearing
80 under this chapter must be proved beyond a reasonable doubt.
81 (b) Notwithstanding any law to the contrary, in any hearing
82 of a charge of a noncriminal traffic infraction, the burden of
83 proving guilt rests upon the governmental entity bringing the
84 charge. A person appearing in any such hearing may not be
85 compelled to be a witness against himself or herself.
86 (c) Notwithstanding any law to the contrary, in any
87 prosecution involving a traffic infraction detector or similar
88 unattended device used to enforce traffic laws of this state, a
89 person so charged has the right to confront the witnesses
90 against him or her. Any evidence obtained from such device must
91 be authenticated in court by the person receiving or processing
92 such evidence, any person having reviewed such evidence in order
93 to make a decision to file a notice of violation, and any person
94 that issued the notice of violation or traffic citation. An
95 affidavit is not sufficient to authenticate such evidence, and
96 such evidence must be accounted for in writing from the time of
97 the alleged violation until the issuance of a notice of
98 violation or traffic citation. Compensation of any witness for
99 the prosecution shall be provided as required in s. 92.143.
100 (d) Notwithstanding any law to the contrary, a person
101 receiving a notice of violation involving a traffic infraction
102 detector or similar unattended device used to enforce traffic
103 laws of this state has the option of requesting a hearing or
104 paying a fine. If the person so charged requests a hearing, no
105 payment or fee may be required prior to conviction and no
106 further traffic citations may be issued to such person based on
107 the violation for which a hearing was requested.
108 (e) There shall be no prosecution of a charge for an
109 alleged violation based on evidence from a traffic infraction
110 detector or similar unattended device used to enforce traffic
111 laws of this state, and a notice of violation or citation based
112 on such device is void unless the device has passed the accuracy
113 test specified in s. 316.0077.
114 Section 3. This act shall take effect upon becoming a law.