Florida Senate - 2017 SB 630
By Senator Campbell
1 A bill to be entitled
2 An act relating to traffic infraction detectors;
3 repealing s. 316.003(35) and (87), F.S., relating to
4 the definitions of “local hearing officer” and
5 “traffic infraction detector”; repealing ss.
6 316.008(8), 316.0083, and 316.00831, F.S., relating to
7 the installation and use of traffic infraction
8 detectors to enforce specified provisions when a
9 driver fails to stop at a traffic signal, provisions
10 that authorize the Department of Highway Safety and
11 Motor Vehicles, a county, or a municipality to use
12 such detectors, and the distribution of penalties
13 collected for specified violations, respectively;
14 repealing s. 316.07456, F.S., relating to transitional
15 implementation of such detectors; repealing s.
16 316.0776, F.S., relating to placement and installation
17 of traffic infraction detectors; repealing s.
18 318.15(3), F.S., relating to a required notification;
19 repealing s. 321.50, F.S., relating to the
20 authorization to use traffic infraction detectors;
21 amending ss. 28.37, 316.003, 316.545, 316.613,
22 316.640, 316.650, 318.121, 318.14, 318.18, 320.03,
23 322.27, and 655.960, F.S.; conforming provisions to
24 changes made by the act; conforming cross-references;
25 providing an effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Subsections (35) and (87) of section 316.003,
30 Florida Statutes, are repealed.
31 Section 2. Subsection (8) of section 316.008, Florida
32 Statutes, is repealed.
33 Section 3. Section 316.0083, Florida Statutes, is repealed.
34 Section 4. Section 316.00831, Florida Statutes, is
36 Section 5. Section 316.07456, Florida Statutes, is
38 Section 6. Section 316.0776, Florida Statutes, is repealed.
39 Section 7. Subsection (3) of section 318.15, Florida
40 Statutes, is repealed.
41 Section 8. Section 321.50, Florida Statutes, is repealed.
42 Section 9. Subsection (5) of section 28.37, Florida
43 Statutes, is amended to read:
44 28.37 Fines, fees, service charges, and costs remitted to
45 the state.—
46 (5) Ten percent of all court-related fines collected by the
47 clerk, except for penalties or fines distributed to counties or
48 municipalities under
s. 316.0083(1)(b)3. or s. 318.18(15) (a),
49 shall be deposited into the clerk’s Public Records Modernization
50 Trust Fund to be used exclusively for additional clerk court
51 related operational needs and program enhancements.
52 Section 10. Subsection (55) of section 316.003, Florida
53 Statutes, is amended to read:
54 316.003 Definitions.—The following words and phrases, when
55 used in this chapter, shall have the meanings respectively
56 ascribed to them in this section, except where the context
57 otherwise requires:
58 (54) (55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
59 provided in paragraph (76)(b) (77)(b), any privately owned way
60 or place used for vehicular travel by the owner and those having
61 express or implied permission from the owner, but not by other
63 Section 11. Paragraph (b) of subsection (2) of section
64 316.545, Florida Statutes, is amended to read:
65 316.545 Weight and load unlawful; special fuel and motor
66 fuel tax enforcement; inspection; penalty; review.—
68 (b) The officer or inspector shall inspect the license
69 plate or registration certificate of the commercial vehicle to
70 determine whether its gross weight is in compliance with the
71 declared gross vehicle weight. If its gross weight exceeds the
72 declared weight, the penalty shall be 5 cents per pound on the
73 difference between such weights. In those cases when the
74 commercial vehicle is being operated over the highways of the
75 state with an expired registration or with no registration from
76 this or any other jurisdiction or is not registered under the
77 applicable provisions of chapter 320, the penalty herein shall
78 apply on the basis of 5 cents per pound on that scaled weight
79 which exceeds 35,000 pounds on laden truck tractor-semitrailer
80 combinations or tandem trailer truck combinations, 10,000 pounds
81 on laden straight trucks or straight truck-trailer combinations,
82 or 10,000 pounds on any unladen commercial motor vehicle. A
83 driver of a commercial motor vehicle entering the state at a
84 designated port-of-entry location, as defined in s. 316.003 (54),
85 or operating on designated routes to a port-of-entry location,
86 who obtains a temporary registration permit shall be assessed a
87 penalty limited to the difference between its gross weight and
88 the declared gross vehicle weight at 5 cents per pound. If the
89 license plate or registration has not been expired for more than
90 90 days, the penalty imposed under this paragraph may not exceed
91 $1,000. In the case of special mobile equipment, which qualifies
92 for the license tax provided for in s. 320.08(5)(b), being
93 operated on the highways of the state with an expired
94 registration or otherwise not properly registered under the
95 applicable provisions of chapter 320, a penalty of $75 shall
96 apply in addition to any other penalty which may apply in
97 accordance with this chapter. A vehicle found in violation of
98 this section may be detained until the owner or operator
99 produces evidence that the vehicle has been properly registered.
100 Any costs incurred by the retention of the vehicle shall be the
101 sole responsibility of the owner. A person who has been assessed
102 a penalty pursuant to this paragraph for failure to have a valid
103 vehicle registration certificate pursuant to the provisions of
104 chapter 320 is not subject to the delinquent fee authorized in
105 s. 320.07 if such person obtains a valid registration
106 certificate within 10 working days after such penalty was
108 Section 12. Paragraph (a) of subsection (2) of section
109 316.613, Florida Statutes, is amended to read:
110 316.613 Child restraint requirements.—
111 (2) As used in this section, the term “motor vehicle” means
112 a motor vehicle as defined in s. 316.003 that is operated on the
113 roadways, streets, and highways of the state. The term does not
115 (a) A school bus as defined in s. 316.003 (68).
116 Section 13. Paragraph (b) of subsection (1) and paragraph
117 (a) of subsection (5) of section 316.640, Florida Statutes, are
118 amended to read:
119 316.640 Enforcement.—The enforcement of the traffic laws of
120 this state is vested as follows:
121 (1) STATE.—
122 (b)1. The Department of Transportation has authority to
123 enforce on all the streets and highways of this state all laws
124 applicable within its authority.
125 2.a. The Department of Transportation shall develop
126 training and qualifications standards for toll enforcement
127 officers whose sole authority is to enforce the payment of tolls
128 pursuant to s. 316.1001. Nothing in this subparagraph shall be
129 construed to permit the carrying of firearms or other weapons,
130 nor shall a toll enforcement officer have arrest authority.
131 b. For the purpose of enforcing s. 316.1001, governmental
132 entities, as defined in s. 334.03, which own or operate a toll
133 facility may employ independent contractors or designate
134 employees as toll enforcement officers; however, any such toll
135 enforcement officer must successfully meet the training and
136 qualifications standards for toll enforcement officers
137 established by the Department of Transportation.
138 3. For the purpose of enforcing s. 316.0083, the department
139 may designate employees as traffic infraction enforcement
140 officers. A traffic infraction enforcement officer must
141 successfully complete instruction in traffic enforcement
142 procedures and court presentation through the Selective Traffic
143 Enforcement Program as approved by the Division of Criminal
144 Justice Standards and Training of the Department of Law
145 Enforcement, or through a similar program, but may not
146 necessarily otherwise meet the uniform minimum standards
147 established by the Criminal Justice Standards and Training
148 Commission for law enforcement officers or auxiliary law
149 enforcement officers under s. 943.13. This subparagraph does not
150 authorize the carrying of firearms or other weapons by a traffic
151 infraction enforcement officer and does not authorize a traffic
152 infraction enforcement officer to make arrests. The department’s
153 traffic infraction enforcement officers must be physically
154 located in the state.
155 (5)(a) Any sheriff’s department or police department of a
156 municipality may employ, as a traffic infraction enforcement
157 officer, any individual who successfully completes instruction
158 in traffic enforcement procedures and court presentation through
159 the Selective Traffic Enforcement Program as approved by the
160 Division of Criminal Justice Standards and Training of the
161 Department of Law Enforcement, or through a similar program, but
162 who does not necessarily otherwise meet the uniform minimum
163 standards established by the Criminal Justice Standards and
164 Training Commission for law enforcement officers or auxiliary
165 law enforcement officers under s. 943.13. Any such traffic
166 infraction enforcement officer who observes the commission of a
167 traffic infraction or, in the case of a parking infraction, who
168 observes an illegally parked vehicle may issue a traffic
169 citation for the infraction when, based upon personal
170 investigation, he or she has reasonable and probable grounds to
171 believe that an offense has been committed which constitutes a
172 noncriminal traffic infraction as defined in s. 318.14. In
173 addition, any such traffic infraction enforcement officer may
174 issue a traffic citation under s. 316.0083. For purposes of
175 enforcing s. 316.0083, any sheriff’s department or police
176 department of a municipality may designate employees as traffic
177 infraction enforcement officers. The traffic infraction
178 enforcement officers must be physically located in the county of
179 the respective sheriff’s or police department.
180 Section 14. Paragraphs (a) and (c) of subsection (3) of
181 section 316.650, Florida Statutes, are amended to read:
182 316.650 Traffic citations.—
183 (3)(a) Except for a traffic citation issued pursuant to s.
184 316.1001 or s. 316.0083, each traffic enforcement officer, upon
185 issuing a traffic citation to an alleged violator of any
186 provision of the motor vehicle laws of this state or of any
187 traffic ordinance of any municipality or town, shall deposit the
188 original traffic citation or, in the case of a traffic
189 enforcement agency that has an automated citation issuance
190 system, the chief administrative officer shall provide by an
191 electronic transmission a replica of the citation data to a
192 court having jurisdiction over the alleged offense or with its
193 traffic violations bureau within 5 days after issuance to the
195 (c) If a traffic citation is issued under s. 316.0083, the
196 traffic infraction enforcement officer shall provide by
197 electronic transmission a replica of the traffic citation data
198 to the court having jurisdiction over the alleged offense or its
199 traffic violations bureau within 5 days after the date of
200 issuance of the traffic citation to the violator. If a hearing
201 is requested, the traffic infraction enforcement officer shall
202 provide a replica of the traffic notice of violation data to the
203 clerk for the local hearing officer having jurisdiction over the
204 alleged offense within 14 days.
205 Section 15. Section 318.121, Florida Statutes, is amended
206 to read:
207 318.121 Preemption of additional fees, fines, surcharges,
208 and costs.—Notwithstanding any general or special law, or
209 municipal or county ordinance, additional fees, fines,
210 surcharges, or costs other than the court costs and surcharges
211 assessed under s. 318.18(11), (13), (18), and (19) , and (22) may
212 not be added to the civil traffic penalties assessed under this
214 Section 16. Subsection (2) of section 318.14, Florida
215 Statutes, is amended to read:
216 318.14 Noncriminal traffic infractions; exception;
218 (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
219 and 316.0083, any person cited for a violation requiring a
220 mandatory hearing listed in s. 318.19 or any other criminal
221 traffic violation listed in chapter 316 must sign and accept a
222 citation indicating a promise to appear. The officer may
223 indicate on the traffic citation the time and location of the
224 scheduled hearing and must indicate the applicable civil penalty
225 established in s. 318.18. For all other infractions under this
226 section, except for infractions under s. 316.1001, the officer
227 must certify by electronic, electronic facsimile, or written
228 signature that the citation was delivered to the person cited.
229 This certification is prima facie evidence that the person cited
230 was served with the citation.
231 Section 17. Subsections (15) and (22) of section 318.18,
232 Florida Statutes, are amended to read:
233 318.18 Amount of penalties.—The penalties required for a
234 noncriminal disposition pursuant to s. 318.14 or a criminal
235 offense listed in s. 318.17 are as follows:
236 (15) (a)1. One hundred and fifty-eight dollars for a
237 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
238 has failed to stop at a traffic signal and when enforced by a
239 law enforcement officer. Sixty dollars shall be distributed as
240 provided in s. 318.21, $30 shall be distributed to the General
241 Revenue Fund, $3 shall be remitted to the Department of Revenue
242 for deposit into the Brain and Spinal Cord Injury Trust Fund,
243 and the remaining $65 shall be remitted to the Department of
244 Revenue for deposit into the Emergency Medical Services Trust
245 Fund of the Department of Health.
246 2. One hundred and fifty-eight dollars for a violation of
247 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
248 stop at a traffic signal and when enforced by the department’s
249 traffic infraction enforcement officer. One hundred dollars
250 shall be remitted to the Department of Revenue for deposit into
251 the General Revenue Fund, $45 shall be distributed to the county
252 for any violations occurring in any unincorporated areas of the
253 county or to the municipality for any violations occurring in
254 the incorporated boundaries of the municipality in which the
255 infraction occurred, $10 shall be remitted to the Department of
256 Revenue for deposit into the Department of Health Emergency
257 Medical Services Trust Fund for distribution as provided in s.
258 395.4036(1), and $3 shall be remitted to the Department of
259 Revenue for deposit into the Brain and Spinal Cord Injury Trust
261 3. One hundred and fifty-eight dollars for a violation of
262 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
263 stop at a traffic signal and when enforced by a county’s or
264 municipality’s traffic infraction enforcement officer. Seventy
265 five dollars shall be distributed to the county or municipality
266 issuing the traffic citation, $70 shall be remitted to the
267 Department of Revenue for deposit into the General Revenue Fund,
268 $10 shall be remitted to the Department of Revenue for deposit
269 into the Department of Health Emergency Medical Services Trust
270 Fund for distribution as provided in s. 395.4036(1), and $3
271 shall be remitted to the Department of Revenue for deposit into
272 the Brain and Spinal Cord Injury Trust Fund.
273 (b) Amounts deposited into the Brain and Spinal Cord Injury
274 Trust Fund pursuant to this subsection shall be distributed
275 quarterly to the Miami Project to Cure Paralysis and shall be
276 used for brain and spinal cord research.
277 (c) If a person who is mailed a notice of violation or
278 cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
279 enforced by a traffic infraction enforcement officer under s.
280 316.0083, presents documentation from the appropriate
281 governmental entity that the notice of violation or traffic
282 citation was in error, the clerk of court or clerk to the local
283 hearing officer may dismiss the case. The clerk of court or
284 clerk to the local hearing officer may not charge for this
286 (d) An individual may not receive a commission or per
287 ticket fee from any revenue collected from violations detected
288 through the use of a traffic infraction detector. A manufacturer
289 or vendor may not receive a fee or remuneration based upon the
290 number of violations detected through the use of a traffic
291 infraction detector.
292 (e) Funds deposited into the Department of Health Emergency
293 Medical Services Trust Fund under this subsection shall be
294 distributed as provided in s. 395.4036(1).
295 (22) In addition to the penalty prescribed under s.
296 316.0083 for violations enforced under s. 316.0083 which are
297 upheld, the local hearing officer may also order the payment of
298 county or municipal costs, not to exceed $250.
299 Section 18. Subsection (8) of section 320.03, Florida
300 Statutes, is amended to read:
301 320.03 Registration; duties of tax collectors;
302 International Registration Plan.—
303 (8) If the applicant’s name appears on the list referred to
304 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
305 713.78(13), a license plate or revalidation sticker may not be
306 issued until that person’s name no longer appears on the list or
307 until the person presents a receipt from the governmental entity
308 or the clerk of court that provided the data showing that the
309 fines outstanding have been paid. This subsection does not apply
310 to the owner of a leased vehicle if the vehicle is registered in
311 the name of the lessee of the vehicle. The tax collector and the
312 clerk of the court are each entitled to receive monthly, as
313 costs for implementing and administering this subsection, 10
314 percent of the civil penalties and fines recovered from such
315 persons. As used in this subsection, the term “civil penalties
316 and fines” does not include a wrecker operator’s lien as
317 described in s. 713.78(13). If the tax collector has private tag
318 agents, such tag agents are entitled to receive a pro rata share
319 of the amount paid to the tax collector, based upon the
320 percentage of license plates and revalidation stickers issued by
321 the tag agent compared to the total issued within the county.
322 The authority of any private agent to issue license plates shall
323 be revoked, after notice and a hearing as provided in chapter
324 120, if he or she issues any license plate or revalidation
325 sticker contrary to the provisions of this subsection. This
326 section applies only to the annual renewal in the owner’s birth
327 month of a motor vehicle registration and does not apply to the
328 transfer of a registration of a motor vehicle sold by a motor
329 vehicle dealer licensed under this chapter, except for the
330 transfer of registrations which includes the annual renewals.
331 This section does not affect the issuance of the title to a
332 motor vehicle, notwithstanding s. 319.23(8)(b).
333 Section 19. Paragraph (d) of subsection (3) of section
334 322.27, Florida Statutes, is amended to read:
335 322.27 Authority of department to suspend or revoke driver
336 license or identification card.—
337 (3) There is established a point system for evaluation of
338 convictions of violations of motor vehicle laws or ordinances,
339 and violations of applicable provisions of s. 403.413(6)(b) when
340 such violations involve the use of motor vehicles, for the
341 determination of the continuing qualification of any person to
342 operate a motor vehicle. The department is authorized to suspend
343 the license of any person upon showing of its records or other
344 good and sufficient evidence that the licensee has been
345 convicted of violation of motor vehicle laws or ordinances, or
346 applicable provisions of s. 403.413(6)(b), amounting to 12 or
347 more points as determined by the point system. The suspension
348 shall be for a period of not more than 1 year.
349 (d) The point system shall have as its basic element a
350 graduated scale of points assigning relative values to
351 convictions of the following violations:
352 1. Reckless driving, willful and wanton—4 points.
353 2. Leaving the scene of a crash resulting in property
354 damage of more than $50—6 points.
355 3. Unlawful speed, or unlawful use of a wireless
356 communications device, resulting in a crash—6 points.
357 4. Passing a stopped school bus—4 points.
358 5. Unlawful speed:
359 a. Not in excess of 15 miles per hour of lawful or posted
360 speed—3 points.
361 b. In excess of 15 miles per hour of lawful or posted
362 speed—4 points.
363 6. A violation of a traffic control signal device as
364 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
365 However, no points shall be imposed for a violation of s.
366 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
367 stop at a traffic signal and when enforced by a traffic
368 infraction enforcement officer. In addition, a violation of s.
369 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
370 stop at a traffic signal and when enforced by a traffic
371 infraction enforcement officer may not be used for purposes of
372 setting motor vehicle insurance rates.
373 7. All other moving violations (including parking on a
374 highway outside the limits of a municipality)—3 points. However,
375 no points shall be imposed for a violation of s. 316.0741 or s.
376 316.2065(11); and points shall be imposed for a violation of s.
377 316.1001 only when imposed by the court after a hearing pursuant
378 to s. 318.14(5).
379 8. Any moving violation covered in this paragraph,
380 excluding unlawful speed and unlawful use of a wireless
381 communications device, resulting in a crash—4 points.
382 9. Any conviction under s. 403.413(6)(b)—3 points.
383 10. Any conviction under s. 316.0775(2)—4 points.
384 11. A moving violation covered in this paragraph which is
385 committed in conjunction with the unlawful use of a wireless
386 communications device within a school safety zone—2 points, in
387 addition to the points assigned for the moving violation.
388 Section 20. Subsection (1) of section 655.960, Florida
389 Statutes, is amended to read:
390 655.960 Definitions; ss. 655.960-655.965.—As used in this
391 section and ss. 655.961-655.965, unless the context otherwise
393 (1) “Access area” means any paved walkway or sidewalk which
394 is within 50 feet of any automated teller machine. The term does
395 not include any street or highway open to the use of the public,
396 as defined in s. 316.003(76) (77)(a) or (b), including any
397 adjacent sidewalk, as defined in s. 316.003.
398 Section 21. This act shall take effect July 1, 2020.