Florida Senate - 2015                             CS for SB 1184
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       
       596-01959-15                                          20151184c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 112.19, F.S.;
    4         providing that an employer may pay up to a certain
    5         amount directly toward the venue expenses associated
    6         with the funeral and burial services of a law
    7         enforcement, correctional, or correctional probation
    8         officer killed in the line of duty; amending s.
    9         316.0083, F.S.; requiring the department to provide
   10         notice of noncompliance with specified reporting
   11         requirements to the county or municipality and the
   12         Department of Revenue annually on a certain date under
   13         certain circumstances; requiring the portion of
   14         revenues collected and otherwise retained by the
   15         county or municipality to be remitted to the
   16         Department of Revenue in cases of such noncompliance;
   17         requiring the Department of Revenue to maintain
   18         records of such remissions subject to certain
   19         requirements; requiring the Department of Revenue to
   20         return those revenues under certain circumstances;
   21         revising the date when certain counties or
   22         municipalities are required to submit a report;
   23         specifying information to be included in the report
   24         submitted by the counties and municipalities; amending
   25         s. 316.0776, F.S.; prohibiting a notice of violation
   26         or uniform traffic citation to be issued through the
   27         use of a traffic infraction detector that is not in
   28         compliance with all specifications; requiring the
   29         department to identify engineering countermeasures
   30         that are intended to reduce specified violations and
   31         which may be considered and applied, where
   32         appropriate, before the installation of a traffic
   33         infraction detector on any roadway; requiring the
   34         decision to place a traffic infraction detector on any
   35         roadway to be based on the results of a traffic
   36         engineering study subject to certain requirements;
   37         amending s. 316.228, F.S.; requiring a vehicle with a
   38         load that extends beyond its sides or a certain amount
   39         beyond its rear to display red flags not less than 18
   40         inches square under certain circumstances; amending s.
   41         316.515, F.S.; authorizing the Department of
   42         Transportation to permit truck tractor-semitrailer
   43         combinations where the total number of overwidth
   44         deliveries of manufactured buildings may be reduced by
   45         the transport of multiple sections or single units on
   46         an overlength trailer of no more than a specified
   47         length under certain circumstances; amending s.
   48         320.086, F.S.; requiring the department to issue a
   49         special license plate to the owner of a motor vehicle
   50         manufactured in the model year 1945 or earlier for
   51         such motor vehicle, subject to certain requirements;
   52         requiring the department to issue a special license
   53         plate to the owner of a motor vehicle manufactured in
   54         the model year after 1945 and of the age of 30 years
   55         or more after the model year for such motor vehicle,
   56         subject to certain requirements; amending s. 324.242,
   57         F.S.; requiring the department to release the policy
   58         number of a policy covering a vehicle involved in a
   59         motor vehicle accident to certain persons upon receipt
   60         of a request and proof of a crash report created
   61         pursuant to the laws of another state; requiring the
   62         department to provide personal injury protection and
   63         property damage liability insurance policy numbers to
   64         department-approved third parties that provide data
   65         collection services to certain insurers; requiring an
   66         insurer’s representative, a contracted third party, or
   67         an attorney for a person involved in an accident to
   68         provide the department with documentation confirming
   69         proof of representation prior to the release of
   70         certain policy numbers; authorizing the department to
   71         disclose certain confidential and exempt information
   72         to another governmental entity under certain
   73         circumstances; defining the term “governmental
   74         entity”; reenacting s. 319.23(3)(c), F.S., relating to
   75         application for, and issuance of, certificate of
   76         title, to incorporate the amendment made to s.
   77         320.086, F.S., in a reference thereto; reenacting s.
   78         320.08(2)(a) and (3)(e), F.S., relating to license
   79         taxes, to incorporate the amendment made to s.
   80         320.086, F.S., in a reference thereto; providing an
   81         effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Paragraph (f) of subsection (2) of section
   86  112.19, Florida Statutes, is amended to read:
   87         112.19 Law enforcement, correctional, and correctional
   88  probation officers; death benefits.—
   89         (2)
   90         (f) If a full-time law enforcement, correctional, or
   91  correctional probation officer who is employed by a state agency
   92  is killed in the line of duty as a result of an act of violence
   93  inflicted by another person while the officer is engaged in the
   94  performance of law enforcement duties or as a result of an
   95  assault against the officer under riot conditions:,
   96         1. The sum of $1,000 shall be paid, as provided for in
   97  paragraph (d), toward the funeral and burial expenses of such
   98  officer. Such benefits are in addition to any other benefits
   99  which employee beneficiaries and dependents are entitled to
  100  under the provisions of the Workers’ Compensation Law or any
  101  other state or federal statutes; and
  102         2. The officer’s employer may pay up to $5,000 directly
  103  toward the venue expenses associated with the funeral and burial
  104  services of such officer.
  105         Section 2. Paragraph (b) of subsection (1) and paragraph
  106  (a) of subsection (4) of section 316.0083, Florida Statutes, are
  107  amended to read:
  108         316.0083 Mark Wandall Traffic Safety Program;
  109  administration; report.—
  110         (1)
  111         (b)1.a. Within 30 days after a violation, notification must
  112  be sent to the registered owner of the motor vehicle involved in
  113  the violation specifying the remedies available under s. 318.14
  114  and that the violator must pay the penalty of $158 to the
  115  department, county, or municipality, or furnish an affidavit in
  116  accordance with paragraph (d), or request a hearing within 60
  117  days following the date of the notification in order to avoid
  118  the issuance of a traffic citation. The notification must be
  119  sent by first-class mail. The mailing of the notice of violation
  120  constitutes notification.
  121         b. Included with the notification to the registered owner
  122  of the motor vehicle involved in the infraction must be a notice
  123  that the owner has the right to review the photographic or
  124  electronic images or the streaming video evidence that
  125  constitutes a rebuttable presumption against the owner of the
  126  vehicle. The notice must state the time and place or Internet
  127  location where the evidence may be examined and observed.
  128         c. Notwithstanding any other provision of law, a person who
  129  receives a notice of violation under this section may request a
  130  hearing within 60 days following the notification of violation
  131  or pay the penalty pursuant to the notice of violation, but a
  132  payment or fee may not be required before the hearing requested
  133  by the person. The notice of violation must be accompanied by,
  134  or direct the person to a website that provides, information on
  135  the person’s right to request a hearing and on all court costs
  136  related thereto and a form to request a hearing. As used in this
  137  sub-subparagraph, the term “person” includes a natural person,
  138  registered owner or coowner of a motor vehicle, or person
  139  identified on an affidavit as having care, custody, or control
  140  of the motor vehicle at the time of the violation.
  141         d. If the registered owner or coowner of the motor vehicle,
  142  or the person designated as having care, custody, or control of
  143  the motor vehicle at the time of the violation, or an authorized
  144  representative of the owner, coowner, or designated person,
  145  initiates a proceeding to challenge the violation pursuant to
  146  this paragraph, such person waives any challenge or dispute as
  147  to the delivery of the notice of violation.
  148         2. Penalties assessed and collected by the department,
  149  county, or municipality authorized to collect the funds provided
  150  for in this paragraph, less the amount retained by the county or
  151  municipality pursuant to subparagraph 3., shall be paid to the
  152  Department of Revenue weekly. Payment by the department, county,
  153  or municipality to the state shall be made by means of
  154  electronic funds transfers. In addition to the payment, summary
  155  detail of the penalties remitted shall be reported to the
  156  Department of Revenue.
  157         3. Penalties to be assessed and collected by the
  158  department, county, or municipality are as follows:
  159         a. One hundred fifty-eight dollars for a violation of s.
  160  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
  161  a traffic signal if enforcement is by the department’s traffic
  162  infraction enforcement officer. One hundred dollars shall be
  163  remitted to the Department of Revenue for deposit into the
  164  General Revenue Fund, $10 shall be remitted to the Department of
  165  Revenue for deposit into the Department of Health Emergency
  166  Medical Services Trust Fund, $3 shall be remitted to the
  167  Department of Revenue for deposit into the Brain and Spinal Cord
  168  Injury Trust Fund, and $45 shall be distributed to the
  169  municipality in which the violation occurred, or, if the
  170  violation occurred in an unincorporated area, to the county in
  171  which the violation occurred. Funds deposited into the
  172  Department of Health Emergency Medical Services Trust Fund under
  173  this sub-subparagraph shall be distributed as provided in s.
  174  395.4036(1). Proceeds of the infractions in the Brain and Spinal
  175  Cord Injury Trust Fund shall be distributed quarterly to the
  176  Miami Project to Cure Paralysis and used for brain and spinal
  177  cord research.
  178         b. One hundred fifty-eight dollars for a violation of s.
  179  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
  180  a traffic signal if enforcement is by a county or municipal
  181  traffic infraction enforcement officer. Seventy dollars shall be
  182  remitted by the county or municipality to the Department of
  183  Revenue for deposit into the General Revenue Fund, $10 shall be
  184  remitted to the Department of Revenue for deposit into the
  185  Department of Health Emergency Medical Services Trust Fund, $3
  186  shall be remitted to the Department of Revenue for deposit into
  187  the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
  188  retained by the county or municipality enforcing the ordinance
  189  enacted pursuant to this section. Funds deposited into the
  190  Department of Health Emergency Medical Services Trust Fund under
  191  this sub-subparagraph shall be distributed as provided in s.
  192  395.4036(1). Proceeds of the infractions in the Brain and Spinal
  193  Cord Injury Trust Fund shall be distributed quarterly to the
  194  Miami Project to Cure Paralysis and used for brain and spinal
  195  cord research.
  196         4. If a county or municipality fails to comply with the
  197  reporting requirements in subsection (4), as determined by the
  198  department, the department shall annually, on October 1, provide
  199  notice of such noncompliance to the county or municipality and
  200  the Department of Revenue. In cases of such noncompliance,
  201  notwithstanding subparagraph 3., the portion of revenues
  202  collected and otherwise retained by the county or municipality
  203  may not be retained but shall be remitted to the Department of
  204  Revenue. The Department of Revenue shall maintain records of
  205  such remissions reflecting the total amount of revenues received
  206  from each noncompliant county or municipality. On notice from
  207  the department that the county or municipality has established
  208  compliance, the Department of Revenue shall return those
  209  revenues to the affected county or municipality.
  210         5.4. An individual may not receive a commission from any
  211  revenue collected from violations detected through the use of a
  212  traffic infraction detector. A manufacturer or vendor may not
  213  receive a fee or remuneration based upon the number of
  214  violations detected through the use of a traffic infraction
  215  detector.
  216         (4)(a) Each county or municipality that operates a traffic
  217  infraction detector shall submit a report by October 1, 2012,
  218  and annually thereafter, to the department no later than
  219  September 30 of each year which details the results of using the
  220  traffic infraction detector and the procedures for enforcement
  221  for the preceding state fiscal year. The information submitted
  222  by the counties and municipalities must include statistical data
  223  and information required by the department to complete the
  224  report required under paragraph (b), and must include all of the
  225  following:.
  226         1. The name of the jurisdiction and contact information for
  227  the person responsible for the administration of the traffic
  228  infraction detector program.
  229         2. The location of each camera, including both geospatial
  230  and cross-road descriptions of the location of each device.
  231         3. The date that each red light camera became operational,
  232  and the dates of camera operation during the fiscal year,
  233  including any status changes of the camera’s use during the
  234  reporting period.
  235         4. Data related to the issuance and disposition of notices
  236  of violation and subsequent uniform traffic citations issued
  237  during the reporting period.
  238         5. Vehicle crash data, including fatalities and injuries,
  239  for crashes that occurred within a 250-foot radius of the
  240  geospatial coordinates for each traffic infraction detector
  241  during the 12-month period immediately preceding the initial
  242  date of camera operation. Data submitted as required under this
  243  subsection should be able to be validated against department
  244  data.
  245         6. Identification of any and all alternative safety
  246  measures, including increasing the interval between the yellow
  247  change light and the red clearance light, increasing the
  248  visibility of traffic lights, and installing advance dilemma
  249  zone detection systems, which the jurisdiction considered or
  250  implemented during the reporting period in lieu of or in
  251  addition to the use of a traffic infraction detector. The
  252  jurisdiction shall include the date of implementation of any
  253  such measures to assist the department in the analysis of crash
  254  data at a specified location.
  255         Section 3. Subsection (1) of section 316.0776, Florida
  256  Statutes, is amended to read:
  257         316.0776 Traffic infraction detectors; placement and
  258  installation.—
  259         (1) Traffic infraction detectors are allowed on state roads
  260  when permitted by the Department of Transportation and under
  261  placement and installation specifications developed by the
  262  Department of Transportation. Traffic infraction detectors are
  263  allowed on streets and highways under the jurisdiction of
  264  counties or municipalities in accordance with placement and
  265  installation specifications developed by the Department of
  266  Transportation. A notice of violation or uniform traffic
  267  citation may not be issued through the use of a traffic
  268  infraction detector that is not in compliance with all
  269  specifications. Additionally, the Department of Transportation
  270  shall identify engineering countermeasures that are intended to
  271  reduce violations of ss. 316.074(1) and 316.075(1)(c)1. and
  272  which may be considered and applied, where appropriate, before
  273  the installation of a traffic infraction detector on any
  274  roadway. The decision to place a traffic infraction detector on
  275  any roadway must be based on the results of a traffic
  276  engineering study that documents the implementation and failure
  277  of any engineering countermeasure appropriate for the specific
  278  location. The study must be signed and sealed by a professional
  279  engineer licensed in this state.
  280         Section 4. Subsection (1) of section 316.228, Florida
  281  Statutes, is amended to read:
  282         316.228 Lamps or flags on projecting load.—
  283         (1) Except as provided in subsection (2), whenever the load
  284  upon any vehicle extends to the rear 4 feet or more beyond the
  285  bed or body of such vehicle, there shall be displayed at the
  286  extreme rear end of the load, at the times specified in s.
  287  316.217, two red lamps visible from a distance of at least 500
  288  feet to the rear, two red reflectors visible at night from all
  289  distances within 600 feet to 100 feet to the rear when directly
  290  in front of lawful lower beams of headlamps and located so as to
  291  indicate maximum width, and on each side one red lamp visible
  292  from a distance of at least 500 feet to the side and located so
  293  as to indicate maximum overhang. There shall be displayed at all
  294  other times on any vehicle having a load which extends beyond
  295  its sides or more than 4 feet beyond its rear, red flags, not
  296  less than 18 12 inches square, marking the extremities of such
  297  load, at each point where a lamp would otherwise be required by
  298  this section. A violation of this section is a noncriminal
  299  traffic infraction punishable as a nonmoving violation as
  300  provided in chapter 318.
  301         Section 5. Subsection (14) of section 316.515, Florida
  302  Statutes, is amended to read:
  303         316.515 Maximum width, height, length.—
  304         (14) MANUFACTURED BUILDINGS.—The Department of
  305  Transportation may, in its discretion and upon application and
  306  good cause shown therefor that the same is not contrary to the
  307  public interest, issue a special permit for truck tractor
  308  semitrailer combinations where the total number of overwidth
  309  deliveries of manufactured buildings, as defined in s.
  310  553.36(13), may be reduced by permitting the use of multiple
  311  sections or single units on an overlength trailer of no more
  312  than 80 54 feet.
  313         Section 6. Subsection (1) and paragraph (a) of subsection
  314  (2) of section 320.086, Florida Statutes, are amended to read:
  315         320.086 Ancient or antique motor vehicles; horseless
  316  carriage, antique, or historical license plates; former military
  317  vehicles.—
  318         (1) The owner of a motor vehicle for private use
  319  manufactured in the model year 1945 or earlier, equipped with an
  320  engine manufactured in 1945 or earlier or manufactured to the
  321  specifications of the original engine, and operated on the
  322  streets and highways of this state shall, upon application in
  323  the manner and at the time prescribed by the department and upon
  324  payment of the license tax for an ancient motor vehicle
  325  prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a
  326  special license plate for such motor vehicle. The license plate
  327  shall be permanent and valid for use without renewal so long as
  328  the vehicle is in existence. In addition to the payment of all
  329  other fees required by law, the applicant shall pay such fee for
  330  the issuance of the special license plate as may be prescribed
  331  by the department commensurate with the cost of its manufacture.
  332  The registration numbers and special license plates assigned to
  333  such motor vehicles shall run in a separate numerical series,
  334  commencing with “Horseless Carriage No. 1,” and the plates shall
  335  be of a distinguishing color.
  336         (2)(a) The owner of a motor vehicle for private use
  337  manufactured in the model year after 1945 and of the age of 30
  338  years or more after the model year date of manufacture, equipped
  339  with an engine of the age of 30 years or more after the date of
  340  manufacture, and operated on the streets and highways of this
  341  state may, upon application in the manner and at the time
  342  prescribed by the department and upon payment of the license tax
  343  prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a
  344  special license plate for such motor vehicle. In addition to the
  345  payment of all other fees required by law, the applicant shall
  346  pay the fee for the issuance of the special license plate
  347  prescribed by the department, commensurate with the cost of its
  348  manufacture. The registration numbers and special license plates
  349  assigned to such motor vehicles shall run in a separate
  350  numerical series, commencing with “Antique No. 1,” and the
  351  plates shall be of a distinguishing color. The owner of the
  352  motor vehicle may, upon application and payment of the license
  353  tax prescribed by s. 320.08, be issued a regular Florida license
  354  plate or specialty license plate in lieu of the special
  355  “Antique” license plate.
  356         Section 7. Subsection (2) of section 324.242, Florida
  357  Statutes, is amended, present subsection (3) of that section is
  358  redesignated as subsection (6), and new subsections (3), (4),
  359  and (5) are added to that section, to read:
  360         324.242 Personal injury protection and property damage
  361  liability insurance policies; public records exemption.—
  362         (2) Upon receipt of a written request and proof a copy of a
  363  crash report as required under s. 316.065, s. 316.066, or s.
  364  316.068, or a crash report created pursuant to the laws of
  365  another state, the department shall release the policy number
  366  for a policy covering a vehicle involved in a motor vehicle
  367  accident to:
  368         (a) Any person involved in such accident;
  369         (b) The attorney of any person involved in such accident;
  370  or
  371         (c) A representative of the insurer of any person involved
  372  in such accident.
  373         (3) The department will provide personal injury protection
  374  and property damage liability insurance policy numbers to
  375  department-approved third parties that provide data collection
  376  services to an insurer of any person involved in such accident.
  377         (4)Before the department’s release of a policy number in
  378  accordance with subsection (2) or subsection (3), an insurer’s
  379  representative, a contracted third party, or an attorney for a
  380  person involved in an accident must provide the department with
  381  documentation confirming proof of representation.
  382         (5) Information made confidential and exempt by this
  383  section may be disclosed to another governmental entity without
  384  a written request or copy of the crash report if disclosure is
  385  necessary for the receiving governmental entity to perform its
  386  duties and responsibilities. For purposes of this subsection,
  387  the term “governmental entity” means any federal, state, county,
  388  district, authority, or municipal officer, department, division,
  389  board, bureau, or commission created or established by law.
  390         (6)(3) This exemption applies to personal identifying
  391  information of an insured or former insured and insurance policy
  392  numbers held by the department before, on, or after October 11,
  393  2007.
  394         Section 8. For the purpose of incorporating the amendment
  395  made by this act to section 320.086, Florida Statutes, in a
  396  reference thereto, paragraph (c) of subsection (3) of section
  397  319.23, Florida Statutes, is reenacted to read:
  398         319.23 Application for, and issuance of, certificate of
  399  title.—
  400         (3) If a certificate of title has not previously been
  401  issued for a motor vehicle or mobile home in this state, the
  402  application, unless otherwise provided for in this chapter,
  403  shall be accompanied by a proper bill of sale or sworn statement
  404  of ownership, or a duly certified copy thereof, or by a
  405  certificate of title, bill of sale, or other evidence of
  406  ownership required by the law of the state or county from which
  407  the motor vehicle or mobile home was brought into this state.
  408  The application shall also be accompanied by:
  409         (c) If the vehicle is an ancient or antique vehicle, as
  410  defined in s. 320.086, the application shall be accompanied by a
  411  certificate of title; a bill of sale and a registration; or a
  412  bill of sale and an affidavit by the owner defending the title
  413  from all claims. The bill of sale must contain a complete
  414  vehicle description to include the vehicle identification or
  415  engine number, year make, color, selling price, and signatures
  416  of the seller and purchaser.
  417  
  418  Verification of the vehicle identification number is not
  419  required for any new motor vehicle; any mobile home; any trailer
  420  or semitrailer with a net weight of less than 2,000 pounds; or
  421  any travel trailer, camping trailer, truck camper, or fifth
  422  wheel recreation trailer.
  423         Section 9. For the purpose of incorporating the amendment
  424  made by this act to section 320.086, Florida Statutes, in a
  425  reference thereto, paragraph (a) of subsection (2) and paragraph
  426  (e) of subsection (3) of section 320.08, Florida Statutes, are
  427  reenacted to read:
  428         320.08 License taxes.—Except as otherwise provided herein,
  429  there are hereby levied and imposed annual license taxes for the
  430  operation of motor vehicles, mopeds, motorized bicycles as
  431  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
  432  and mobile homes, as defined in s. 320.01, which shall be paid
  433  to and collected by the department or its agent upon the
  434  registration or renewal of registration of the following:
  435         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  436         (a) An ancient or antique automobile, as defined in s.
  437  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
  438         (3) TRUCKS.—
  439         (e) An ancient or antique truck, as defined in s. 320.086:
  440  $7.50 flat.
  441         Section 10. This act shall take effect October 1, 2015.