Florida Senate - 2022                                     SB 410
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00541-22                                            2022410__
    1                        A bill to be entitled                      
    2         An act relating to photographic enforcement of school
    3         zone speed limits; amending s. 316.003, F.S.; defining
    4         the term “speed detection system”; amending s.
    5         316.008, F.S.; authorizing counties and municipalities
    6         to enforce school speed zones through the use of speed
    7         detection systems; providing a rebuttable presumption;
    8         authorizing counties and municipalities to install, or
    9         contract with a vendor to install, speed detection
   10         systems; amending s. 316.0776, F.S.; authorizing the
   11         installation of speed detection systems on state
   12         roads, when permitted by the Department of
   13         Transportation, and on streets and highways under the
   14         jurisdiction of counties and municipalities, in
   15         accordance with certain placement and installation
   16         specifications; requiring the department to establish
   17         such specifications by a certain date; requiring
   18         counties and municipalities that install speed
   19         detection systems to provide certain notification to
   20         the public; providing signage requirements; requiring
   21         counties and municipalities that have never conducted
   22         a speed detection system program to conduct a public
   23         awareness campaign before commencing enforcement using
   24         such system; providing penalties in effect during the
   25         public awareness campaign; creating s. 316.1896, F.S.;
   26         authorizing counties and municipalities to authorize
   27         traffic infraction enforcement officers to issue
   28         certain traffic citations; providing construction;
   29         providing notification requirements and procedures;
   30         authorizing a person who receives a notification of
   31         violation to request a hearing within a specified
   32         timeframe; defining the term “person”; providing for
   33         waiver of challenge or dispute as to the delivery of
   34         the notification of violation; requiring counties and
   35         municipalities to pay certain funds to the Department
   36         of Revenue; providing for the distribution of funds;
   37         providing requirements for issuance of a traffic
   38         citation; providing for waiver of challenge or dispute
   39         as to the delivery of the traffic citation; providing
   40         notification requirements and procedures; specifying
   41         that the registered owner of a motor vehicle is
   42         responsible and liable for paying a traffic citation;
   43         providing exceptions; requiring an owner of a motor
   44         vehicle to furnish an affidavit under certain
   45         circumstances; specifying requirements for such
   46         affidavit; providing a criminal penalty for submitting
   47         a false affidavit; providing that certain images or
   48         video and evidence of speed are admissible in certain
   49         proceedings; providing a rebuttable presumption;
   50         providing construction; providing requirements and
   51         procedures for hearings; amending s. 316.1906, F.S.;
   52         revising the definition of the term “officer”;
   53         authorizing a traffic infraction enforcement officer
   54         to satisfy a certain requirement by reviewing certain
   55         images or video and evidence of speed; providing
   56         requirements for speed detection systems; requiring a
   57         law enforcement agency and its agents operating a
   58         speed detection system to maintain a log of results of
   59         the system’s self-tests; requiring a law enforcement
   60         agency and its agents to perform independent
   61         calibration tests of such systems; providing that
   62         self-test logs and calibration test results are
   63         admissible in certain court proceedings; amending s.
   64         318.18, F.S.; providing penalties; amending s. 322.27,
   65         F.S.; prohibiting points from being imposed against a
   66         driver license for certain infractions enforced by a
   67         traffic infraction enforcement officer; prohibiting
   68         such infractions from being used to set motor vehicle
   69         insurance rates; amending ss. 316.306, 316.640,
   70         316.650, 318.14, 318.21, and 655.960, F.S.; conforming
   71         cross-references and provisions to changes made by the
   72         act; providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Present subsections (82) through (109) of
   77  section 316.003, Florida Statutes, are redesignated as
   78  subsections (83) through (110), respectively, a new subsection
   79  (82) is added to that section, and subsection (64) of that
   80  section is amended, to read:
   81         316.003 Definitions.—The following words and phrases, when
   82  used in this chapter, shall have the meanings respectively
   83  ascribed to them in this section, except where the context
   84  otherwise requires:
   85         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
   86  in paragraph (88)(b) (87)(b), any privately owned way or place
   87  used for vehicular travel by the owner and those having express
   88  or implied permission from the owner, but not by other persons.
   89         (82)SPEED DETECTION SYSTEM.—An automated system used to
   90  record a vehicle’s speed using radar and to capture a photograph
   91  or video of a vehicle that exceeds the speed limit in force at
   92  the time of violation.
   93         Section 2. Subsection (9) is added to section 316.008,
   94  Florida Statutes, to read:
   95         316.008 Powers of local authorities.—
   96         (9)(a)A county or municipality may enforce school speed
   97  zones, as provided in s. 316.1895, within 1 hour before, during
   98  the entirety of, and within 1 hour after a regularly scheduled
   99  school session through the use of a speed detection system for
  100  the measurement of speed and recording of photographs or videos
  101  for violations that are in excess of 10 miles per hour over the
  102  speed limit in force at the time of the violation. A school
  103  zone’s compliance with s. 316.1895, except for s. 316.1895(6)
  104  relating to a sign stating “Speeding Fines Doubled” as otherwise
  105  specified in s. 316.0776, creates a rebuttable presumption that
  106  the school zone is being properly maintained.
  107         (b)A county or municipality may install, or contract with
  108  a vendor to install, a speed detection system within 1,000 feet
  109  of a school zone to enforce speed limits in school speed zones,
  110  as provided in s. 316.1895.
  111         Section 3. Subsection (3) is added to section 316.0776,
  112  Florida Statutes, to read:
  113         316.0776 Traffic infraction detectors; speed detection
  114  systems; placement and installation.—
  115         (3)A speed detection system may be installed on a state
  116  road when permitted by the Department of Transportation and in
  117  accordance with placement and installation specifications
  118  developed by the Department of Transportation. A speed detection
  119  system may be installed on a street or highway under the
  120  jurisdiction of a county or a municipality in accordance with
  121  placement and installation specifications established by the
  122  Department of Transportation. The Department of Transportation
  123  shall establish such placement and installation specifications
  124  by August 1, 2022.
  125         (a)If a county or municipality installs a speed detection
  126  system, the county or municipality must notify the public that a
  127  speed detection system may be in use and must specifically
  128  include notification of camera or video enforcement of
  129  violations. Such signage used to notify the public must meet the
  130  specifications for uniform signals and devices adopted by the
  131  Department of Transportation pursuant to s. 316.0745. For speed
  132  detection systems enforcing s. 316.1895 in school speed zones,
  133  this paragraph shall govern the signage notifying the public of
  134  the use of a speed detection system, and a sign stating
  135  “Speeding Fines Doubled,” as provided in s. 316.1895(6), is not
  136  required when a violation of s. 316.1895 is enforced by a speed
  137  detection system in a school speed zone.
  138         (b)If a county or municipality begins a speed detection
  139  system program in a county or municipality that has never
  140  conducted such a program, the respective county or municipality
  141  shall make a public announcement and conduct a public awareness
  142  campaign on the proposed use of speed detection systems at least
  143  30 days before commencing enforcement under the speed detection
  144  system program and notify the public of the specific date on
  145  which the program will commence. During the 30-day public
  146  awareness campaign about the speed detection system program, a
  147  motor vehicle operator found to have violated s. 316.1895 by a
  148  speed detection system shall be issued a warning for the
  149  violation and is not liable for the civil penalty imposed under
  150  s. 318.18(3)(d).
  151         Section 4. Section 316.1896, Florida Statutes, is created
  152  to read:
  153         316.1896School speed zones; speed detection system
  154  enforcement; penalties; appeal procedure.—
  155         (1)For purposes of administering this section, a county or
  156  municipality may authorize a traffic infraction enforcement
  157  officer under s. 316.640 to issue a traffic citation for a
  158  violation of s. 316.1895 that occurs within 1 hour before,
  159  during, or within 1 hour after a regularly scheduled school
  160  session which is in excess of 10 miles per hour over the speed
  161  limit in force at the time of the violation. Such violation must
  162  be evidenced by a speed detection system. This subsection does
  163  not prohibit a review of information from a speed detection
  164  system by an authorized employee or agent of a county or
  165  municipality before issuance of the traffic citation by the
  166  traffic infraction enforcement officer. This subsection does not
  167  prohibit a county or municipality from issuing notifications as
  168  provided in subsection (2) to the registered owner of the motor
  169  vehicle in violation of s. 316.1895.
  170         (2)Within 30 days after a violation, notification must be
  171  sent to the registered owner of the motor vehicle involved in
  172  the violation specifying the remedies available under s. 318.14
  173  and that the violator must pay the penalty under s. 318.18(3)(d)
  174  to the county or municipality, or furnish an affidavit in
  175  accordance with subsection (8), within 30 days after the date of
  176  the notification of violation in order to avoid court fees,
  177  costs, and the issuance of a traffic citation. The notification
  178  of violation must:
  179         (a)Be sent by first-class mail.
  180         (b)Include a notice that the owner has the right to
  181  review, in person or remotely, the photographic or electronic
  182  images or streaming video and the evidence of the speed of the
  183  vehicle as measured by a speed detection system which constitute
  184  a rebuttable presumption against the owner of the vehicle.
  185         (c)State the time when and place or website where the
  186  images or video and evidence of speed may be examined and
  187  observed.
  188         (3)Notwithstanding any other law, a person who receives a
  189  notification of violation under this section may request a
  190  hearing within 30 days after the notification of violation or
  191  pay the penalty pursuant to the notification of violation, but a
  192  payment or fee may not be required before the hearing requested
  193  by the person. The notification of violation must be accompanied
  194  by, or direct the person to a website that provides, information
  195  on the person’s right to request a hearing and on all court
  196  costs related thereto and a form used for requesting a hearing.
  197  As used in this subsection, the term “person” includes a natural
  198  person, the registered owner or co-owner of a motor vehicle, or
  199  the person identified in an affidavit as having actual care,
  200  custody, or control of the motor vehicle at the time of the
  201  violation.
  202         (4)If the registered owner or co-owner of the motor
  203  vehicle; the person designated as having care, custody, or
  204  control of the motor vehicle at the time of the violation; or an
  205  authorized representative of the owner, co-owner, or designated
  206  person initiates a proceeding to challenge the violation, such
  207  person waives any challenge or dispute as to the delivery of the
  208  notification of violation.
  209         (5)Penalties assessed and collected by the county or
  210  municipality authorized to collect the funds provided for in
  211  this section, less the amount retained by the county or
  212  municipality pursuant to paragraph (b), shall be paid to the
  213  Department of Revenue weekly. Payment by the county or
  214  municipality to the state must be made by means of electronic
  215  funds transfer. In addition to the payment, a detailed summary
  216  of the penalties remitted shall be reported to the Department of
  217  Revenue. Penalties to be assessed and collected by the county or
  218  municipality as established in s. 318.18(3)(d) shall be remitted
  219  as follows:
  220         (a)Sixty dollars shall be remitted to the Department of
  221  Revenue for deposit into the General Revenue Fund.
  222         (b)Eighty-four dollars shall be retained by the county or
  223  municipality and shall be used to administer speed detection
  224  systems in school zones or other public safety initiatives.
  225         (c)Four dollars shall be remitted to the Department of
  226  Revenue for deposit into the Department of Law Enforcement
  227  Criminal Justice Standards and Training Trust Fund.
  228         (d)Six dollars shall be remitted to the public school
  229  district in which the violation occurred and shall be used for
  230  school security initiatives or to improve the safety of student
  231  walking conditions. Funds remitted under this paragraph shall be
  232  shared with charter schools in the district, based on each
  233  charter school’s proportionate share of the district’s total
  234  unweighted full-time equivalent student enrollment, and shall be
  235  used for school security initiatives or to improve the safety of
  236  student walking conditions.
  237         (e)Four dollars shall be remitted to the Department of
  238  Revenue for deposit into the General Revenue Fund for the
  239  benefit of the Coach Aaron Feis Guardian Program.
  240         (6)A traffic citation shall be issued by mailing the
  241  traffic citation by certified mail to the address of the
  242  registered owner of the motor vehicle involved in the violation
  243  if payment has not been made within 30 days after notification
  244  under subsection (2), if the registered owner has not requested
  245  a hearing as authorized under subsection (3), or if the
  246  registered owner has not submitted an affidavit in accordance
  247  with subsection (8).
  248         (a)Delivery of the traffic citation constitutes
  249  notification under this subsection. If the registered owner or
  250  co-owner of the motor vehicle; the person designated as having
  251  care, custody, or control of the motor vehicle at the time of
  252  the violation; or a duly authorized representative of the owner,
  253  co-owner, or designated person initiates a proceeding to
  254  challenge the citation pursuant to this section, such person
  255  waives any challenge or dispute as to the delivery of the
  256  traffic citation.
  257         (b)In the case of joint ownership of a motor vehicle, the
  258  traffic citation shall be mailed to the first name appearing on
  259  the motor vehicle registration, unless the first name appearing
  260  on the registration is a business organization, in which case
  261  the second name appearing on the registration may be used.
  262         (c)Included with the notification to the registered owner
  263  of the motor vehicle involved in the infraction shall be a
  264  notice that the owner has a right to review, in person or
  265  remotely, the photographic or electronic images or streaming
  266  video and the evidence of the speed of the vehicle as measured
  267  by a speed detection system which constitute a rebuttable
  268  presumption against the owner of the vehicle. The notice must
  269  state the time when and place or website where the images or
  270  video and evidence of speed may be examined and observed.
  271         (7)The registered owner of the motor vehicle involved in
  272  the violation is responsible and liable for paying the uniform
  273  traffic citation issued for a violation of s. 316.1895 unless
  274  the owner can establish that:
  275         (a)The motor vehicle was, at the time of the violation, in
  276  the care, custody, or control of another person;
  277         (b)A uniform traffic citation was issued by law
  278  enforcement to the driver of the motor vehicle for the alleged
  279  violation of s. 316.1895; or
  280         (c)The motor vehicle’s owner was deceased on or before the
  281  date that the uniform traffic citation was issued, as
  282  established by an affidavit submitted by the representative of
  283  the motor vehicle owner’s estate or other designated person or
  284  family member.
  285         (8)To establish such facts under subsection (7), the
  286  registered owner of the motor vehicle shall, within 30 days
  287  after the date of issuance of the traffic citation, furnish to
  288  the appropriate governmental entity an affidavit setting forth
  289  detailed information supporting an exception under subsection
  290  (7).
  291         (a)An affidavit supporting an exemption under paragraph
  292  (7)(a) must include the name, address, date of birth, and, if
  293  known, the driver license number of the person who leased,
  294  rented, or otherwise had care, custody, or control of the motor
  295  vehicle at the time of the alleged violation. If the motor
  296  vehicle was stolen at the time of the alleged violation, the
  297  affidavit must include the police report indicating that the
  298  motor vehicle was stolen.
  299         (b)If a uniform traffic citation for a violation of s.
  300  316.1895 was issued at the location of the violation by a law
  301  enforcement officer, the affidavit must include the serial
  302  number of the uniform traffic citation.
  303         (c)If the motor vehicle’s owner to whom a uniform traffic
  304  citation has been issued is deceased, the affidavit must include
  305  a certified copy of the owner’s death certificate showing that
  306  the date of death occurred on or before the issuance of the
  307  uniform traffic citation and one of the following:
  308         1.A bill of sale or other document showing that the
  309  deceased owner’s motor vehicle was sold or transferred after his
  310  or her death but on or before the date of the alleged violation.
  311         2.Documented proof that the registered license plate
  312  belonging to the deceased owner’s vehicle was returned to the
  313  department or any branch office or authorized agent of the
  314  department after his or her death but on or before the date of
  315  the alleged violation.
  316         3.A copy of the police report showing that the deceased
  317  owner’s registered license plate or motor vehicle was stolen
  318  after his or her death but on or before the date of the alleged
  319  violation.
  320  
  321  Upon receipt of the affidavit and documentation required under
  322  this paragraph, the governmental entity must dismiss the
  323  citation and provide proof of such dismissal to the person who
  324  submitted the affidavit.
  325         (9)Upon receipt of an affidavit, the person designated as
  326  having care, custody, or control of the motor vehicle at the
  327  time of the violation may be issued a notification of violation
  328  pursuant to subsection (2) for a violation of s. 316.1895. The
  329  affidavit is admissible in a proceeding pursuant to this section
  330  for the purpose of providing proof that the person identified in
  331  the affidavit was in actual care, custody, or control of the
  332  motor vehicle. The owner of a leased vehicle for which a traffic
  333  citation is issued for a violation of s. 316.1895 is not
  334  responsible for paying the traffic citation and is not required
  335  to submit an affidavit as specified in this subsection if the
  336  motor vehicle involved in the violation is registered in the
  337  name of the lessee of such motor vehicle.
  338         (10)If a county or municipality receives an affidavit
  339  under subsection (8), the notification of violation required
  340  under subsection (2) must be sent to the person identified in
  341  the affidavit within 30 days after receipt of the affidavit.
  342         (11)The submission of a false affidavit is a misdemeanor
  343  of the second degree, punishable as provided in s. 775.082 or s.
  344  775.083.
  345         (12)The photographic or electronic images, the streaming
  346  video evidence, and the evidence of the speed of the vehicle as
  347  measured by a speed detection system attached to or referenced
  348  in the traffic citation are evidence of a violation of s.
  349  316.1895 and are admissible in any proceeding to enforce this
  350  section. The images or video and evidence of speed raise a
  351  rebuttable presumption that the motor vehicle named in the
  352  report or shown in the images or video was used in violation of
  353  s. 316.1895.
  354         (13)This section supplements the enforcement of s.
  355  316.1895 by law enforcement officers and does not prohibit a law
  356  enforcement officer from issuing a traffic citation for a
  357  violation of s. 316.1895.
  358         (14)A hearing under this section shall be conducted under
  359  the procedures established by s. 316.0083(5) and as follows:
  360         (a)The department shall publish and make available
  361  electronically to each county and municipality a model request
  362  for hearing form to assist each local government administering
  363  this section.
  364         (b)The county or municipality electing to authorize
  365  traffic infraction enforcement officers to issue traffic
  366  citations under subsection (6) shall designate by resolution
  367  existing staff to serve as the clerk to the local hearing
  368  officer.
  369         (c)Any person, herein referred to as the “petitioner,” who
  370  elects to request a hearing under subsection (3) shall be
  371  scheduled for a hearing by the clerk to the local hearing
  372  officer. The clerk must furnish the petitioner with notice to be
  373  sent by first-class mail. Upon receipt of the notice, the
  374  petitioner may reschedule the hearing once by submitting a
  375  written request to reschedule to the clerk to the local hearing
  376  officer at least 5 calendar days before the day of the
  377  originally scheduled hearing. The petitioner may cancel his or
  378  her appearance before the local hearing officer by paying the
  379  penalty assessed under subsection (2), plus the administrative
  380  costs established in s. 316.0083(5)(c), before the start of the
  381  hearing.
  382         (d)All testimony at the hearing shall be under oath and
  383  shall be recorded. The local hearing officer shall take
  384  testimony from a traffic infraction enforcement officer and the
  385  petitioner and may take testimony from others. The local hearing
  386  officer shall review the photographic or electronic images or
  387  streaming video and the evidence of the speed of the vehicle as
  388  measured by a speed detection system made available under
  389  paragraph (2)(b). Formal rules of evidence do not apply, but due
  390  process shall be observed and govern the proceedings.
  391         (e)At the conclusion of the hearing, the local hearing
  392  officer shall determine whether a violation under this section
  393  occurred and shall uphold or dismiss the violation. The local
  394  hearing officer shall issue a final administrative order
  395  including the determination and, if the notification of
  396  violation is upheld, require the petitioner to pay the penalty
  397  previously assessed under subsection (2), and may also require
  398  the petitioner to pay county or municipal costs not to exceed
  399  the amount established in s. 316.0083(5)(e). The final
  400  administrative order shall be mailed to the petitioner by first
  401  class mail.
  402         (f)An aggrieved party may appeal a final administrative
  403  order consistent with the process provided in s. 162.11.
  404         Section 5. Paragraph (d) of subsection (1) and paragraph
  405  (b) of subsection (2) of section 316.1906, Florida Statutes, are
  406  amended, and subsection (3) is added to that section, to read:
  407         316.1906 Radar speed-measuring devices; evidence,
  408  admissibility.—
  409         (1) DEFINITIONS.—
  410         (d) “Officer” means any:
  411         1. “Law enforcement officer” who is elected, appointed, or
  412  employed full time by any municipality or the state or any
  413  political subdivision thereof; who is vested with the authority
  414  to bear arms and make arrests; and whose primary responsibility
  415  is the prevention and detection of crime or the enforcement of
  416  the penal, criminal, traffic, or highway laws of the state;
  417         2. “Part-time law enforcement officer” who is employed or
  418  appointed less than full time, as defined by an employing
  419  agency, with or without compensation; who is vested with
  420  authority to bear arms and make arrests; and whose primary
  421  responsibility is the prevention and detection of crime or the
  422  enforcement of the penal, criminal, traffic, or highway laws of
  423  the state; or
  424         3. “Auxiliary law enforcement officer” who is employed or
  425  appointed, with or without compensation; who aids or assists a
  426  full-time or part-time law enforcement officer; and who, while
  427  under the direct supervision of a full-time or part-time law
  428  enforcement officer, has the authority to arrest and perform law
  429  enforcement functions.
  430         4.“Traffic infraction enforcement officer” who is employed
  431  or appointed and satisfies the requirements of s.
  432  316.640(1)(b)3., with or without compensation, and who is vested
  433  with authority to enforce a violation of s. 316.1895 pursuant to
  434  s. 316.1896.
  435         (2) Evidence of the speed of a vehicle measured by any
  436  radar speed-measuring device shall be inadmissible in any
  437  proceeding with respect to an alleged violation of provisions of
  438  law regulating the lawful speed of vehicles, unless such
  439  evidence of speed is obtained by an officer who:
  440         (b) Has made an independent visual determination that the
  441  vehicle is operating in excess of the applicable speed limit. A
  442  traffic infraction enforcement officer may satisfy this
  443  paragraph through a review of photographic or electronic images,
  444  streaming video, or evidence of the speed of the vehicle as
  445  measured by a speed detection system.
  446         (3)A speed detection system is exempt from the design
  447  requirements for radar units established by the department. A
  448  speed detection system must have the ability to perform self
  449  tests as to its detection accuracy. The system must perform a
  450  self-test at least once every 30 days. The law enforcement
  451  agency, or an agent acting on behalf of the law enforcement
  452  agency, operating a speed detection system shall maintain a log
  453  of the results of the system’s self-tests. The law enforcement
  454  agency, or an agent acting on behalf of the law enforcement
  455  agency, operating a speed detection system shall also perform an
  456  independent calibration test on the speed detection system at
  457  least once every 12 months. The self-test logs, as well as the
  458  results of the annual calibration test, are admissible in any
  459  court proceeding for a traffic citation issued for a violation
  460  of s. 316.1895 enforced pursuant to s. 316.1896.
  461         Section 6. Present paragraphs (d) through (h) of subsection
  462  (3) of section 318.18, Florida Statutes, are redesignated as
  463  paragraphs (e) through (i), respectively, and a new paragraph
  464  (d) is added to that subsection to read:
  465         318.18 Amount of penalties.—The penalties required for a
  466  noncriminal disposition pursuant to s. 318.14 or a criminal
  467  offense listed in s. 318.17 are as follows:
  468         (3)
  469         (d)Notwithstanding paragraphs (b) and (c), a person cited
  470  for exceeding the speed limit in a school zone as provided in s.
  471  316.1895, when enforced by a traffic infraction enforcement
  472  officer pursuant to s. 316.1896, shall pay a fine of $158.
  473         Section 7. Paragraph (d) of subsection (3) of section
  474  322.27, Florida Statutes, is amended to read:
  475         322.27 Authority of department to suspend or revoke driver
  476  license or identification card.—
  477         (3) There is established a point system for evaluation of
  478  convictions of violations of motor vehicle laws or ordinances,
  479  and violations of applicable provisions of s. 403.413(6)(b) when
  480  such violations involve the use of motor vehicles, for the
  481  determination of the continuing qualification of any person to
  482  operate a motor vehicle. The department is authorized to suspend
  483  the license of any person upon showing of its records or other
  484  good and sufficient evidence that the licensee has been
  485  convicted of violation of motor vehicle laws or ordinances, or
  486  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  487  more points as determined by the point system. The suspension
  488  shall be for a period of not more than 1 year.
  489         (d) The point system shall have as its basic element a
  490  graduated scale of points assigning relative values to
  491  convictions of the following violations:
  492         1. Reckless driving, willful and wanton—4 points.
  493         2. Leaving the scene of a crash resulting in property
  494  damage of more than $50—6 points.
  495         3. Unlawful speed, or unlawful use of a wireless
  496  communications device, resulting in a crash—6 points.
  497         4. Passing a stopped school bus:
  498         a. Not causing or resulting in serious bodily injury to or
  499  death of another—4 points.
  500         b. Causing or resulting in serious bodily injury to or
  501  death of another—6 points.
  502         5. Unlawful speed:
  503         a. Not in excess of 15 miles per hour of lawful or posted
  504  speed—3 points.
  505         b. In excess of 15 miles per hour of lawful or posted
  506  speed—4 points.
  507         c.No points shall be imposed for a violation of unlawful
  508  speed as provided in s. 316.1895 when enforced by a traffic
  509  infraction enforcement officer pursuant to s. 316.1896. In
  510  addition, a violation of s. 316.1895 when enforced by a traffic
  511  infraction enforcement officer pursuant to s. 316.1896 may not
  512  be used for purposes of setting motor vehicle insurance rates.
  513         6. A violation of a traffic control signal device as
  514  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  515  However, no points shall be imposed for a violation of s.
  516  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  517  stop at a traffic signal and when enforced by a traffic
  518  infraction enforcement officer. In addition, a violation of s.
  519  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  520  stop at a traffic signal and when enforced by a traffic
  521  infraction enforcement officer may not be used for purposes of
  522  setting motor vehicle insurance rates.
  523         7. All other moving violations (including parking on a
  524  highway outside the limits of a municipality)—3 points. However,
  525  no points shall be imposed for a violation of s. 316.0741 or s.
  526  316.2065(11); and points shall be imposed for a violation of s.
  527  316.1001 only when imposed by the court after a hearing pursuant
  528  to s. 318.14(5).
  529         8. Any moving violation covered in this paragraph,
  530  excluding unlawful speed and unlawful use of a wireless
  531  communications device, resulting in a crash—4 points.
  532         9. Any conviction under s. 403.413(6)(b)—3 points.
  533         10. Any conviction under s. 316.0775(2)—4 points.
  534         11. A moving violation covered in this paragraph which is
  535  committed in conjunction with the unlawful use of a wireless
  536  communications device within a school safety zone—2 points, in
  537  addition to the points assigned for the moving violation.
  538         Section 8. Paragraph (a) of subsection (3) of section
  539  316.306, Florida Statutes, is amended to read:
  540         316.306 School and work zones; prohibition on the use of a
  541  wireless communications device in a handheld manner.—
  542         (3)(a)1. A person may not operate a motor vehicle while
  543  using a wireless communications device in a handheld manner in a
  544  designated school crossing, school zone, or work zone area as
  545  defined in s. 316.003(110) s. 316.003(109). This subparagraph
  546  shall only be applicable to work zone areas if construction
  547  personnel are present or are operating equipment on the road or
  548  immediately adjacent to the work zone area. For the purposes of
  549  this paragraph, a motor vehicle that is stationary is not being
  550  operated and is not subject to the prohibition in this
  551  paragraph.
  552         2. Effective January 1, 2020, a law enforcement officer may
  553  stop motor vehicles and issue citations to persons who are
  554  driving while using a wireless communications device in a
  555  handheld manner in violation of subparagraph 1.
  556         Section 9. Paragraph (a) of subsection (5) of section
  557  316.640, Florida Statutes, is amended to read:
  558         316.640 Enforcement.—The enforcement of the traffic laws of
  559  this state is vested as follows:
  560         (5)(a) Any sheriff’s department or police department of a
  561  municipality may employ, as a traffic infraction enforcement
  562  officer, any individual who successfully completes instruction
  563  in traffic enforcement procedures and court presentation through
  564  the Selective Traffic Enforcement Program as approved by the
  565  Division of Criminal Justice Standards and Training of the
  566  Department of Law Enforcement, or through a similar program, but
  567  who does not necessarily otherwise meet the uniform minimum
  568  standards established by the Criminal Justice Standards and
  569  Training Commission for law enforcement officers or auxiliary
  570  law enforcement officers under s. 943.13. Any such traffic
  571  infraction enforcement officer who observes the commission of a
  572  traffic infraction or, in the case of a parking infraction, who
  573  observes an illegally parked vehicle may issue a traffic
  574  citation for the infraction when, based upon personal
  575  investigation, he or she has reasonable and probable grounds to
  576  believe that an offense has been committed which constitutes a
  577  noncriminal traffic infraction as defined in s. 318.14. In
  578  addition, any such traffic infraction enforcement officer may
  579  issue a traffic citation under ss. 316.0083 and 316.1896 s.
  580  316.0083. For purposes of enforcing s. 316.0083, and s. 316.1895
  581  pursuant to s. 316.1896 s. 316.0083, any sheriff’s department or
  582  police department of a municipality may designate employees as
  583  traffic infraction enforcement officers. The traffic infraction
  584  enforcement officers must be physically located in the county of
  585  the respective sheriff’s or police department.
  586         Section 10. Paragraphs (a) and (c) of subsection (3) of
  587  section 316.650, Florida Statutes, are amended to read:
  588         316.650 Traffic citations.—
  589         (3)(a) Except for a traffic citation issued pursuant to s.
  590  316.1001, or s. 316.0083, or s. 316.1896, each traffic
  591  enforcement officer, upon issuing a traffic citation to an
  592  alleged violator of any provision of the motor vehicle laws of
  593  this state or of any traffic ordinance of any municipality or
  594  town, shall deposit the original traffic citation or, in the
  595  case of a traffic enforcement agency that has an automated
  596  citation issuance system, the chief administrative officer shall
  597  provide by an electronic transmission a replica of the citation
  598  data to a court having jurisdiction over the alleged offense or
  599  with its traffic violations bureau within 5 days after issuance
  600  to the violator.
  601         (c) If a traffic citation is issued under s. 316.0083 or s.
  602  316.1896, the traffic infraction enforcement officer shall
  603  provide by electronic transmission a replica of the traffic
  604  citation data to the court having jurisdiction over the alleged
  605  offense or its traffic violations bureau within 5 days after the
  606  date of issuance of the traffic citation to the violator. If a
  607  hearing is requested, the traffic infraction enforcement officer
  608  shall provide a replica of the traffic notice of violation data
  609  to the clerk for the local hearing officer having jurisdiction
  610  over the alleged offense within 14 days.
  611         Section 11. Subsection (2) of section 318.14, Florida
  612  Statutes, is amended to read:
  613         318.14 Noncriminal traffic infractions; exception;
  614  procedures.—
  615         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  616  and 316.1896, any person cited for a violation requiring a
  617  mandatory hearing listed in s. 318.19 or any other criminal
  618  traffic violation listed in chapter 316 must sign and accept a
  619  citation indicating a promise to appear. The officer may
  620  indicate on the traffic citation the time and location of the
  621  scheduled hearing and must indicate the applicable civil penalty
  622  established in s. 318.18. For all other infractions under this
  623  section, except for infractions under s. 316.1001, the officer
  624  must certify by electronic, electronic facsimile, or written
  625  signature that the citation was delivered to the person cited.
  626  This certification is prima facie evidence that the person cited
  627  was served with the citation.
  628         Section 12. Subsections (4), (5), and (15) of section
  629  318.21, Florida Statutes, are amended to read:
  630         318.21 Disposition of civil penalties by county courts.—All
  631  civil penalties received by a county court pursuant to the
  632  provisions of this chapter shall be distributed and paid monthly
  633  as follows:
  634         (4) Of the additional fine assessed under s. 318.18(3)(g)
  635  s. 318.18(3)(f) for a violation of s. 316.1301, 40 percent must
  636  be remitted to the Department of Revenue for deposit in the
  637  Grants and Donations Trust Fund of the Division of Blind
  638  Services of the Department of Education, and 60 percent must be
  639  distributed pursuant to subsections (1) and (2).
  640         (5) Of the additional fine assessed under s. 318.18(3)(g)
  641  s. 318.18(3)(f) for a violation of s. 316.1303(1), 60 percent
  642  must be remitted to the Department of Revenue for deposit in the
  643  Grants and Donations Trust Fund of the Division of Vocational
  644  Rehabilitation of the Department of Education, and 40 percent
  645  must be distributed pursuant to subsections (1) and (2).
  646         (15) Of the additional fine assessed under s. 318.18(3)(f)
  647  s. 318.18(3)(e) for a violation of s. 316.1893, 50 percent of
  648  the moneys received from the fines shall be appropriated to the
  649  Agency for Health Care Administration as general revenue to
  650  provide an enhanced Medicaid payment to nursing homes that serve
  651  Medicaid recipients with brain and spinal cord injuries. The
  652  remaining 50 percent of the moneys received from the enhanced
  653  fine imposed under s. 318.18(3)(f) s. 318.18(3)(e) shall be
  654  remitted to the Department of Revenue and deposited into the
  655  Department of Health Emergency Medical Services Trust Fund to
  656  provide financial support to certified trauma centers in the
  657  counties where enhanced penalty zones are established to ensure
  658  the availability and accessibility of trauma services. Funds
  659  deposited into the Emergency Medical Services Trust Fund under
  660  this subsection shall be allocated as follows:
  661         (a) Fifty percent shall be allocated equally among all
  662  Level I, Level II, and pediatric trauma centers in recognition
  663  of readiness costs for maintaining trauma services.
  664         (b) Fifty percent shall be allocated among Level I, Level
  665  II, and pediatric trauma centers based on each center’s relative
  666  volume of trauma cases as calculated using the hospital
  667  discharge data collected pursuant to s. 408.061.
  668         Section 13. Subsection (1) of section 655.960, Florida
  669  Statutes, is amended to read:
  670         655.960 Definitions; ss. 655.960-655.965.—As used in this
  671  section and ss. 655.961-655.965, unless the context otherwise
  672  requires:
  673         (1) “Access area” means any paved walkway or sidewalk which
  674  is within 50 feet of any automated teller machine. The term does
  675  not include any street or highway open to the use of the public,
  676  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  677  including any adjacent sidewalk, as defined in s. 316.003.
  678         Section 14. This act shall take effect upon becoming a law.