Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 588
       
       
       
       
       
       
                                Ì264496PÎ264496                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
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       The Committee on Fiscal Policy (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 145 - 809
    4  and insert:
    5  system used to detect a motor vehicle’s speed using radar or
    6  lidar and to capture a photograph or video of the rear of a
    7  motor vehicle that exceeds the speed limit in force at the time
    8  of the violation.
    9         Section 2. Subsection (9) is added to section 316.008,
   10  Florida Statutes, to read:
   11         316.008 Powers of local authorities.—
   12         (9)(a)A county or municipality may enforce the applicable
   13  speed limit on a roadway properly maintained as a school zone
   14  pursuant to s. 316.1895:
   15         1.Within 30 minutes before through 30 minutes after the
   16  start of a regularly scheduled breakfast program;
   17         2.Within 30 minutes before through 30 minutes after the
   18  start of a regularly scheduled school session;
   19         3.During the entirety of a regularly scheduled school
   20  session; and
   21         4.Within 30 minutes before through 30 minutes after the
   22  end of a regularly scheduled school session
   23  
   24  through the use of a speed detection system for the detection of
   25  speed and capturing of photographs or videos for violations in
   26  excess of 10 miles per hour over the speed limit in force at the
   27  time of the violation. A school zone’s compliance with s.
   28  316.1895 creates a rebuttable presumption that the school zone
   29  is properly maintained.
   30         (b)A county or municipality may place or install, or
   31  contract with a vendor to place or install, a speed detection
   32  system within a roadway maintained as a school zone as provided
   33  in s. 316.1895 to enforce unlawful speed violations, as
   34  specified in s. 316.183 or s. 316.1895(10), on that roadway.
   35         Section 3. Subsection (3) is added to section 316.0776,
   36  Florida Statutes, to read:
   37         316.0776 Traffic infraction detectors; speed detection
   38  systems; placement and installation.—
   39         (3)A speed detection system authorized by s. 316.008(9)
   40  may be placed or installed in a school zone on a state road when
   41  permitted by the Department of Transportation and in accordance
   42  with placement and installation specifications developed by the
   43  Department of Transportation. The speed detection system may be
   44  placed or installed in a school zone on a street or highway
   45  under the jurisdiction of a county or a municipality in
   46  accordance with placement and installation specifications
   47  established by the Department of Transportation. The Department
   48  of Transportation shall establish such placement and
   49  installation specifications by December 31, 2023.
   50         (a)If a county or municipality places or installs a speed
   51  detection system as authorized by s. 316.008(9), the county or
   52  municipality must notify the public that a speed detection
   53  system may be in use by posting signage indicating photographic
   54  or video enforcement of the school zone speed limits. Such
   55  signage must clearly designate the time period during which the
   56  school zone speed limits are enforced using a speed detection
   57  system and must meet the placement and installation
   58  specifications established by the Department of Transportation.
   59  For a speed detection system enforcing violations of s. 316.183
   60  or s. 316.1895 on a roadway maintained as a school zone, this
   61  paragraph governs the signage notifying the public of the use of
   62  a speed detection system.
   63         (b)If a county or municipality begins a school zone speed
   64  detection system program in a county or municipality that has
   65  never conducted such a program, the respective county or
   66  municipality must make a public announcement and conduct a
   67  public awareness campaign of the proposed use of speed detection
   68  systems at least 30 days before commencing enforcement under the
   69  speed detection system program and must notify the public of the
   70  specific date on which the program will commence. During the 30
   71  day public awareness campaign, only a warning may be issued to
   72  the registered owner of a motor vehicle for a violation of s.
   73  316.183 or s. 316.1895 enforced by a speed detection system, and
   74  liability may not be imposed for the civil penalty under s.
   75  318.18(3)(d).
   76         Section 4. Section 316.1894, Florida Statutes, is created
   77  to read:
   78         316.1894School Crossing Guard Recruitment and Retention
   79  Program.—The law enforcement agency having jurisdiction over a
   80  county or municipality conducting a school zone speed detection
   81  system program authorized by s. 316.008(9) shall use funds
   82  generated pursuant to s. 316.1896(5)(e) from the school zone
   83  speed detection system program to administer the School Crossing
   84  Guard Recruitment and Retention Program. Such program may
   85  provide recruitment and retention stipends to crossing guards at
   86  K-12 public schools, including charter schools, or stipends to
   87  third parties for the recruitment of new crossing guards. The
   88  School Crossing Guard Recruitment and Retention Program must be
   89  designed and managed at the discretion of the law enforcement
   90  agency.
   91         Section 5. Section 316.1896, Florida Statutes, is created
   92  to read:
   93         316.1896Roadways maintained as school zones; speed
   94  detection system enforcement; penalties; appeal procedure;
   95  privacy; reports.—
   96         (1)For purposes of administering this section, a county or
   97  municipality may authorize a traffic infraction enforcement
   98  officer under s. 316.640 to issue uniform traffic citations for
   99  violations of ss. 316.183 and 316.1895, as authorized by s.
  100  316.008(9), for the following:
  101         (a)A violation of s. 316.1895 in excess of 10 miles per
  102  hour over the school zone speed limit which occurs within 30
  103  minutes before through 30 minutes after the start of a regularly
  104  scheduled breakfast program.
  105         (b)A violation of s. 316.1895 in excess of 10 miles per
  106  hour over the school zone speed limit which occurs within 30
  107  minutes before through 30 minutes after the start of a regularly
  108  scheduled school session.
  109         (c)A violation of s. 316.183 in excess of 10 miles per
  110  hour over the posted speed limit during the entirety of a
  111  regularly scheduled school session.
  112         (d)A violation of s. 316.1895 in excess of 10 miles per
  113  hour over the school zone speed limit which occurs within 30
  114  minutes before through 30 minutes after the end of a regularly
  115  scheduled school session.
  116  
  117  Such violation must be evidenced by a speed detection system
  118  described in ss. 316.008(9) and 316.0776(3). This subsection
  119  does not prohibit a review of information from a speed detection
  120  system by an authorized employee or agent of a county or
  121  municipality before issuance of the uniform traffic citation by
  122  the traffic infraction enforcement officer. This subsection does
  123  not prohibit a county or municipality from issuing notices as
  124  provided in subsection (2) to the registered owner of the motor
  125  vehicle for a violation of s. 316.183 or s. 316.1895.
  126         (2)Within 30 days after a violation, notice must be sent
  127  to the registered owner of the motor vehicle involved in the
  128  violation specifying the remedies available under s. 318.14 and
  129  that the violator must pay the penalty under s. 318.18(3)(d) to
  130  the county or municipality, or furnish an affidavit in
  131  accordance with subsection (8), within 30 days after the date of
  132  the notice of violation in order to avoid court fees, costs, and
  133  the issuance of a uniform traffic citation. The notice of
  134  violation must:
  135         (a)Be sent by first-class mail.
  136         (b)Include a photograph or other recorded image showing
  137  the license plate of the motor vehicle; the date, time, and
  138  location of the violation; the maximum speed at which the motor
  139  vehicle was traveling within the school zone; and the speed
  140  limit within the school zone at the time of the violation.
  141         (c)Include a notice that the owner has the right to
  142  review, in person or remotely, the photograph or video captured
  143  by the speed detection system and the evidence of the speed of
  144  the motor vehicle detected by the speed detection system which
  145  constitute a rebuttable presumption that the motor vehicle was
  146  used in violation of s. s. 316.183 or s. 316.1895.
  147         (d)State the time when, and the place or website at which,
  148  the photograph or video captured and evidence of speed detected
  149  may be examined and observed.
  150         (3)Notwithstanding any other law, a person who receives a
  151  notice of violation under this section may request a hearing
  152  within 30 days after the notice of violation or may pay the
  153  penalty pursuant to the notice of violation, but a payment or
  154  fee may not be required before the hearing requested by the
  155  person. The notice of violation must be accompanied by, or
  156  direct the person to a website that provides, information on the
  157  person’s right to request a hearing and on all costs related
  158  thereto and a form used for requesting a hearing. As used in
  159  this subsection, the term “person” means a natural person, the
  160  registered owner or co-owner of a motor vehicle, or the person
  161  identified in an affidavit as having actual care, custody, or
  162  control of the motor vehicle at the time of the violation.
  163         (4)If the registered owner or co-owner of the motor
  164  vehicle; the person identified as having care, custody, or
  165  control of the motor vehicle at the time of the violation; or an
  166  authorized representative of the owner, co-owner, or identified
  167  person initiates a proceeding to challenge the violation, such
  168  person waives any challenge or dispute as to the delivery of the
  169  notice of violation.
  170         (5)Penalties assessed and collected by the county or
  171  municipality authorized to collect the funds provided for in
  172  this section, less the amount retained by the county or
  173  municipality pursuant to paragraphs (b) and (e) and the amount
  174  remitted to the county school district pursuant to paragraph
  175  (d), must be paid weekly to the Department of Revenue. Such
  176  payment must be made by means of electronic funds transfer. In
  177  addition to the payment, a detailed summary of the penalties
  178  remitted must be reported to the Department of Revenue.
  179  Penalties to be assessed and collected by the county or
  180  municipality as established in s. 318.18(3)(d) must be remitted
  181  as follows:
  182         (a)Twenty dollars must be remitted to the Department of
  183  Revenue for deposit into the General Revenue Fund.
  184         (b)Sixty dollars must be retained by the county or
  185  municipality and must be used to administer speed detection
  186  systems in school zones and other public safety initiatives.
  187         (c)Three dollars must be remitted to the Department of
  188  Revenue for deposit into the Department of Law Enforcement
  189  Criminal Justice Standards and Training Trust Fund.
  190         (d)Twelve dollars must be remitted to the county school
  191  district in which the violation occurred and must be used for
  192  school security initiatives, for student transportation, or to
  193  improve the safety of student walking conditions. Funds remitted
  194  under this paragraph must be shared with charter schools in the
  195  district based on each charter school’s proportionate share of
  196  the district’s total unweighted full-time equivalent student
  197  enrollment and must be used for school security initiatives or
  198  to improve the safety of student walking conditions.
  199         (e)Five dollars must be retained by the county or
  200  municipality for the School Crossing Guard Recruitment and
  201  Retention Program pursuant to s. 316.1894.
  202         (6)A uniform traffic citation must be issued by mailing
  203  the uniform traffic citation by certified mail to the address of
  204  the registered owner of the motor vehicle involved in the
  205  violation if payment has not been made within 30 days after
  206  notification under subsection (2), if the registered owner has
  207  not requested a hearing as authorized under subsection (3), and
  208  if the registered owner has not submitted an affidavit in
  209  accordance with subsection (8).
  210         (a)Delivery of the uniform traffic citation constitutes
  211  notification of a violation under this subsection. If the
  212  registered owner or co-owner of the motor vehicle; the person
  213  identified as having care, custody, or control of the motor
  214  vehicle at the time of the violation; or a duly authorized
  215  representative of the owner, co-owner, or identified person
  216  initiates a proceeding to challenge the citation pursuant to
  217  this section, such person waives any challenge or dispute as to
  218  the delivery of the uniform traffic citation.
  219         (b)In the case of joint ownership of a motor vehicle, the
  220  uniform traffic citation must be mailed to the first name
  221  appearing on the motor vehicle registration, unless the first
  222  name appearing on the registration is a business organization,
  223  in which case the second name appearing on the registration may
  224  be used.
  225         (c)The uniform traffic citation mailed to the registered
  226  owner of the motor vehicle involved in the infraction must be
  227  accompanied by the information described in paragraphs (2)(b),
  228  (c), and (d).
  229         (7)The registered owner of the motor vehicle involved in
  230  the violation is responsible and liable for paying the uniform
  231  traffic citation issued for a violation of s. 316.183 or s.
  232  316.1895 unless the owner can establish that:
  233         (a)At the time of the violation, the motor vehicle was in
  234  the care, custody, or control of another person;
  235         (b)A uniform traffic citation was issued by law
  236  enforcement to the driver of the motor vehicle for the alleged
  237  violation of s. 316.183 or s. 316.1895; or
  238         (c)The motor vehicle’s registered owner was deceased on or
  239  before the date of the alleged violation, as established by an
  240  affidavit submitted by the representative of the motor vehicle
  241  owner’s estate or other identified person or family member.
  242         (8)To establish such facts under subsection (7), the
  243  registered owner of the motor vehicle must, within 30 days after
  244  the date of issuance of the notice of violation or the uniform
  245  traffic citation, furnish to the appropriate governmental entity
  246  an affidavit setting forth information supporting an exception
  247  under subsection (7).
  248         (a)An affidavit supporting the exception under paragraph
  249  (7)(a) must include the name, address, date of birth, and, if
  250  known, the driver license number of the person who leased,
  251  rented, or otherwise had care, custody, or control of the motor
  252  vehicle at the time of the alleged violation. If the motor
  253  vehicle was stolen at the time of the alleged violation, the
  254  affidavit must include the police report indicating that the
  255  motor vehicle was stolen.
  256         (b)If a uniform traffic citation for a violation of s.
  257  316.183 or s. 316.1895 was issued at the location of the
  258  violation by a law enforcement officer, the affidavit must
  259  include the serial number of the uniform traffic citation.
  260         (c)If the motor vehicle’s owner to whom a notice of
  261  violation or a uniform traffic citation has been issued is
  262  deceased, the affidavit must include a certified copy of the
  263  owner’s death certificate showing that the date of death
  264  occurred on or before the date of the alleged violation and any
  265  of the following:
  266         1.A bill of sale or other document showing that the
  267  deceased owner’s motor vehicle was sold or transferred after his
  268  or her death but on or before the date of the alleged violation.
  269         2.Documented proof that the registered license plate
  270  belonging to the deceased owner’s motor vehicle was returned to
  271  the department or any branch office or authorized agent of the
  272  department after his or her death but on or before the date of
  273  the alleged violation.
  274         3.A copy of the police report showing that the deceased
  275  owner’s registered license plate or motor vehicle was stolen
  276  after his or her death but on or before the date of the alleged
  277  violation.
  278  
  279  Upon receipt of the affidavit and documentation required under
  280  paragraphs (b) and (c), or 30 days after the date of issuance of
  281  a notice of violation sent to a person identified as having
  282  care, custody, or control of the motor vehicle at the time of
  283  the violation under paragraph (a), the county or municipality
  284  must dismiss the notice or citation and provide proof of such
  285  dismissal to the person who submitted the affidavit. If, within
  286  30 days after the date of a notice of violation sent to a person
  287  under subsection (9), the county or municipality receives an
  288  affidavit under subsection (10) from the person sent a notice of
  289  violation affirming that the person did not have care, custody,
  290  or control of the motor vehicle at the time of the violation,
  291  the county or municipality must notify the registered owner that
  292  the notice or citation will not be dismissed due to failure to
  293  establish that another person had care, custody, or control of
  294  the motor vehicle at the time of the violation.
  295         (9)Upon receipt of an affidavit under paragraph (8)(a),
  296  the county or municipality may issue the person identified as
  297  having care, custody, or control of the motor vehicle at the
  298  time of the violation a notice of violation pursuant to
  299  subsection (2) for a violation of s. 316.183 or s. 316.1895. The
  300  affidavit is admissible in a proceeding pursuant to this section
  301  for the purpose of providing evidence that the person identified
  302  in the affidavit was in actual care, custody, or control of the
  303  motor vehicle. The owner of a leased motor vehicle for which a
  304  uniform traffic citation is issued for a violation of s. 316.183
  305  or s. 316.1895 is not responsible for paying the uniform traffic
  306  citation and is not required to submit an affidavit as specified
  307  in subsection (8) if the motor vehicle involved in the violation
  308  is registered in the name of the lessee.
  309         (10)If a county or municipality receives an affidavit
  310  under paragraph (8)(a), the notice of violation required under
  311  subsection (2) must be sent to the person identified in the
  312  affidavit within 30 days after receipt of the affidavit. The
  313  person identified in an affidavit and sent a notice of violation
  314  may also affirm that he or she did not have care, custody, or
  315  control of the motor vehicle at the time of the violation by
  316  furnishing to the appropriate governmental entity within 30 days
  317  after the date of the notice of violation an affidavit stating
  318  such.
  319         (11)The submission of a false affidavit is a misdemeanor
  320  of the second degree, punishable as provided in s. 775.082 or s.
  321  775.083.
  322         (12)The photograph or video captured by a speed detection
  323  system and the evidence of the speed of the motor vehicle
  324  detected by a speed detection system which are attached to or
  325  referenced in the uniform traffic citation are evidence of a
  326  violation of s. 316.183 or s. 316.1895 and are admissible in any
  327  proceeding to enforce this section. The photograph or video and
  328  the evidence of speed detected raise a rebuttable presumption
  329  that the motor vehicle named in the report or shown in the
  330  photograph or video was used in violation of s. 316.183 or s.
  331  316.1895.
  332         (13)This section supplements the enforcement of ss.
  333  316.183 and 316.1895 by a law enforcement officer and does not
  334  prohibit a law enforcement officer from issuing a uniform
  335  traffic citation for a violation of s. 316.183 or s. 316.1895.
  336         (14)A hearing under this section must be conducted under
  337  the procedures established by s. 316.0083(5) and as follows:
  338         (a)The department shall publish and make available
  339  electronically to each county and municipality a model request
  340  for hearing form to assist each county or municipality
  341  administering this section.
  342         (b)A county or municipality electing to authorize traffic
  343  infraction enforcement officers to issue uniform traffic
  344  citations under subsection (6) must designate by resolution
  345  existing staff to serve as the clerk to the local hearing
  346  officer.
  347         (c)A person, referred to in this subsection as the
  348  “petitioner,” who elects to request a hearing under subsection
  349  (3) must be scheduled for a hearing by the clerk to the local
  350  hearing officer. The clerk must furnish the petitioner with
  351  notice sent by first-class mail. Upon receipt of the notice, the
  352  petitioner may reschedule the hearing up to two times by
  353  submitting a written request to reschedule to the clerk at least
  354  5 calendar days before the day of the scheduled hearing. The
  355  petitioner may cancel his or her appearance before the local
  356  hearing officer by paying the penalty assessed under subsection
  357  (2), plus the administrative costs established in s.
  358  316.0083(5)(c), before the start of the hearing.
  359         (d)All testimony at the hearing must be under oath and
  360  must be recorded. The local hearing officer shall take testimony
  361  from a traffic infraction enforcement officer and the petitioner
  362  and may take testimony from others. The local hearing officer
  363  shall review the photograph or video captured by the speed
  364  detection system and the evidence of the speed of the motor
  365  vehicle detected by the speed detection system made available
  366  under paragraph (2)(b). Formal rules of evidence do not apply,
  367  but due process must be observed and must govern the
  368  proceedings.
  369         (e)At the conclusion of the hearing, the local hearing
  370  officer shall determine whether a violation under this section
  371  occurred and must uphold or dismiss the violation. The local
  372  hearing officer shall issue a final administrative order
  373  including the determination and, if the notice of violation is
  374  upheld, must require the petitioner to pay the penalty
  375  previously assessed under subsection (2), and may also require
  376  the petitioner to pay county or municipal costs not to exceed
  377  the amount established in s. 316.0083(5)(e). The final
  378  administrative order must be mailed to the petitioner by first
  379  class mail.
  380         (f)An aggrieved party may appeal a final administrative
  381  order consistent with the process provided in s. 162.11.
  382         (15)(a)A speed detection system in a school zone may not
  383  be used for remote surveillance. The collection of evidence by a
  384  speed detection system to enforce violations of ss. 316.183 and
  385  316.1895, or user-controlled pan or tilt adjustments of speed
  386  detection system components, do not constitute remote
  387  surveillance. Recorded video or photographs collected as part of
  388  a speed detection system in a school zone may only be used to
  389  document violations of ss. 316.183 and 316.1895 and for purposes
  390  of determining criminal or civil liability for incidents
  391  captured by the speed detection system incidental to the
  392  permissible use of the speed detection system.
  393         (b)Any recorded video or photograph obtained through the
  394  use of a speed detection system must be destroyed within 90 days
  395  after the final disposition of the recorded event. The vendor of
  396  a speed detection system shall provide the county or
  397  municipality with written notice by December 31 of each year
  398  that such records have been destroyed in accordance with this
  399  subsection.
  400         (c)Notwithstanding any other law, registered motor vehicle
  401  owner information obtained as a result of the operation of a
  402  speed detection system in a school zone is not the property of
  403  the manufacturer or vendor of the speed detection system and may
  404  be used only for the purposes of this section.
  405         (16)(a)Each county or municipality that operates a speed
  406  detection system in a school zone must submit a report by
  407  October 1, 2024, and annually thereafter, to the department
  408  which details the results of the speed detection system in the
  409  school zone and the procedures for enforcement. The information
  410  from counties and municipalities must be submitted in a form and
  411  manner determined by the department, which the department must
  412  make available to the counties and municipalities by August 1,
  413  2023, and the department may require data components to be
  414  submitted quarterly. The report must include at least the
  415  following:
  416         1.Information related to the location of each speed
  417  detection system, including the geocoordinates of the school
  418  zone, the directional approach of the speed detection system,
  419  the school name, the school level, the times the speed detection
  420  system was active, the restricted school zone speed limit
  421  enforced pursuant to s. 316.1895(5), the posted speed limit
  422  enforced at times other than those authorized by s. 316.1895(5),
  423  the date the systems were activated to enforce violations of ss.
  424  316.183 and 316.1895, and, if applicable, the date the systems
  425  were deactivated.
  426         2.The number of notices of violation issued, the number
  427  that were contested, the number that were upheld, the number
  428  that were dismissed, the number that were issued as uniform
  429  traffic citations, and the number that were paid.
  430         3.Any other statistical data and information related to
  431  the procedures for enforcement required by the department to
  432  complete the report required under paragraph (c).
  433         (b)Each county or municipality that operates a speed
  434  detection system is responsible for and must maintain its
  435  respective data for reporting purposes under this subsection for
  436  at least 2 years after such data is reported to the department.
  437         (c)On or before December 31, 2024, and annually
  438  thereafter, the department shall submit a summary report to the
  439  Governor, the President of the Senate, and the Speaker of the
  440  House of Representatives regarding the use of speed detection
  441  systems under this section, along with any legislative
  442  recommendations from the department. The summary report must
  443  include a review of the information submitted to the department
  444  by the counties and municipalities and must describe the
  445  enhancement of safety and enforcement programs.
  446         Section 6. Paragraph (d) of subsection (1) of section
  447  316.1906, Florida Statutes, is amended, and subsection (3) is
  448  added to that section, to read:
  449         316.1906 Radar speed-measuring devices; speed detection
  450  systems; evidence, admissibility.—
  451         (1) DEFINITIONS.—
  452         (d) “Officer” means any:
  453         1. “Law enforcement officer” who is elected, appointed, or
  454  employed full time by any municipality or the state or any
  455  political subdivision thereof; who is vested with the authority
  456  to bear arms and make arrests; and whose primary responsibility
  457  is the prevention and detection of crime or the enforcement of
  458  the penal, criminal, traffic, or highway laws of the state;
  459         2. “Part-time law enforcement officer” who is employed or
  460  appointed less than full time, as defined by an employing
  461  agency, with or without compensation; who is vested with
  462  authority to bear arms and make arrests; and whose primary
  463  responsibility is the prevention and detection of crime or the
  464  enforcement of the penal, criminal, traffic, or highway laws of
  465  the state; or
  466         3. “Auxiliary law enforcement officer” who is employed or
  467  appointed, with or without compensation; who aids or assists a
  468  full-time or part-time law enforcement officer; and who, while
  469  under the direct supervision of a full-time or part-time law
  470  enforcement officer, has the authority to arrest and perform law
  471  enforcement functions; or
  472         4.“Traffic infraction enforcement officer” who is employed
  473  or appointed, with or without compensation, and satisfies the
  474  requirements of s. 316.640(5) and is vested with authority to
  475  enforce violations of ss. 316.183 and 316.1895 pursuant to s.
  476  316.1896.
  477         (3)A speed detection system is exempt from the design
  478  requirements for radar or lidar units established by the
  479  department. A speed detection system must have the ability to
  480  perform self-tests as to its detection accuracy. The system must
  481  perform a self-test at least once every 30 days. The law
  482  enforcement agency, or an agent acting on behalf of the law
  483  enforcement agency, operating a speed detection system shall
  484  maintain a log of the results of the system’s self-tests. The
  485  law enforcement agency or an agent acting on behalf of the law
  486  enforcement agency operating a speed detection system shall also
  487  perform an independent calibration test on the speed detection
  488  system at least once every 12 months. The self-test logs, as
  489  well as the results of the annual calibration test, are
  490  admissible in any court proceeding for a uniform traffic
  491  citation issued for a violation of s. 316.183 or s. 316.1895
  492  enforced pursuant to s. 316.1896. Notwithstanding subsection
  493  (2), evidence of the speed of a motor vehicle detected by a
  494  speed detection system compliant with this subsection and the
  495  determination by a traffic enforcement officer that a motor
  496  vehicle is operating in excess of the applicable speed limit is
  497  admissible in any proceeding with respect to an alleged
  498  violation of law regulating the speed of motor vehicles in
  499  school zones.
  500         Section 7. Paragraphs (d) through (h) of subsection (3) of
  501  section 318.18, Florida Statutes, are redesignated as paragraphs
  502  (e) through (i), respectively, and a new paragraph (d) is added
  503  to that subsection to read:
  504         318.18 Amount of penalties.—The penalties required for a
  505  noncriminal disposition pursuant to s. 318.14 or a criminal
  506  offense listed in s. 318.17 are as follows:
  507         (3)
  508         (d)1.Notwithstanding paragraphs (b) and (c), a person
  509  cited for a violation of s. 316.183 or s. 316.1895(10) for
  510  exceeding the speed limit in force at the time of the violation
  511  on a roadway maintained as a school zone as provided in s.
  512  316.1895, when enforced by a traffic infraction enforcement
  513  officer pursuant to s. 316.1896, must pay a fine of $100. Fines
  514  collected under this paragraph must be distributed as follows:
  515         a.Twenty dollars must be remitted to the Department of
  516  Revenue for deposit into the General Revenue Fund.
  517         b.Seventy-seven dollars must be distributed to the county
  518  for any violations occurring in any unincorporated areas of the
  519  county or to the municipality for any violations occurring in
  520  the incorporated boundaries of the municipality in which the
  521  infraction occurred, to be used as provided in s. 316.1896(5).
  522         c.Three dollars must be remitted to the Department of
  523  Revenue for deposit into the Department of Law Enforcement
  524  Criminal Justice Standards and Training Trust Fund to be used as
  525  provided in s. 943.25.
  526         2.If a person who is mailed a notice of violation or a
  527  uniform traffic citation for a violation of s. 316.183 or s.
  528  316.1895(10), as enforced by a traffic infraction enforcement
  529  officer under s. 316.1896, presents documentation from the
  530  appropriate governmental entity that the notice of violation or
  531  uniform traffic citation was in error, the clerk of the court or
  532  clerk to the local hearing officer may dismiss the case. The
  533  clerk of the court or clerk to the local hearing officer may not
  534  charge for this service.
  535         Section 8. Paragraph (d) of subsection (3) of section
  536  322.27, Florida Statutes, is amended to read:
  537         322.27 Authority of department to suspend or revoke driver
  538  license or identification card.—
  539         (3) There is established a point system for evaluation of
  540  convictions of violations of motor vehicle laws or ordinances,
  541  and violations of applicable provisions of s. 403.413(6)(b) when
  542  such violations involve the use of motor vehicles, for the
  543  determination of the continuing qualification of any person to
  544  operate a motor vehicle. The department is authorized to suspend
  545  the license of any person upon showing of its records or other
  546  good and sufficient evidence that the licensee has been
  547  convicted of violation of motor vehicle laws or ordinances, or
  548  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  549  more points as determined by the point system. The suspension
  550  shall be for a period of not more than 1 year.
  551         (d) The point system has shall have as its basic element a
  552  graduated scale of points assigning relative values to
  553  convictions of the following violations:
  554         1. Reckless driving, willful and wanton—4 points.
  555         2. Leaving the scene of a crash resulting in property
  556  damage of more than $50—6 points.
  557         3. Unlawful speed, or unlawful use of a wireless
  558  communications device, resulting in a crash—6 points.
  559         4. Passing a stopped school bus:
  560         a. Not causing or resulting in serious bodily injury to or
  561  death of another—4 points.
  562         b. Causing or resulting in serious bodily injury to or
  563  death of another—6 points.
  564         5. Unlawful speed:
  565         a. Not in excess of 15 miles per hour of lawful or posted
  566  speed—3 points.
  567         b. In excess of 15 miles per hour of lawful or posted
  568  speed—4 points.
  569         c.Points may not be imposed for a violation of unlawful
  570  speed as provided in s. 316.183 or s. 316.1895 when enforced by
  571  a traffic infraction enforcement officer pursuant to s.
  572  316.1896. In addition, a violation of s. 316.183 or 316.1895
  573  when enforced by a traffic infraction enforcement officer
  574  pursuant to s. 316.1896 may not be used for purposes of setting
  575  motor vehicle insurance rates.
  576         6. A violation of a traffic control signal device as
  577  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  578  However, no points shall be imposed for a violation of s.
  579  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  580  stop at a traffic signal and when enforced by a traffic
  581  infraction enforcement officer. In addition, a violation of s.
  582  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  583  stop at a traffic signal and when enforced by a traffic
  584  infraction enforcement officer may not be used for purposes of
  585  setting motor vehicle insurance rates.
  586         7. All other moving violations (including parking on a
  587  highway outside the limits of a municipality)—3 points. However,
  588  no points shall be imposed for a violation of s. 316.0741 or s.
  589  316.2065(11); and points shall be imposed for a violation of s.
  590  316.1001 only when imposed by the court after a hearing pursuant
  591  to s. 318.14(5).
  592         8. Any moving violation covered in this paragraph,
  593  excluding unlawful speed and unlawful use of a wireless
  594  communications device, resulting in a crash—4 points.
  595         9. Any conviction under s. 403.413(6)(b)—3 points.
  596         10. Any conviction under s. 316.0775(2)—4 points.
  597         11. A moving violation covered in this paragraph which is
  598  committed in conjunction with the unlawful use of a wireless
  599  communications device within a school safety zone—2 points, in
  600  addition to the points assigned for the moving violation.
  601         Section 9. Paragraph (a) of subsection (3) of section
  602  316.306, Florida Statutes, is amended to read:
  603         316.306 School and work zones; prohibition on the use of a
  604  wireless communications device in a handheld manner.—
  605         (3)(a)1. A person may not operate a motor vehicle while
  606  using a wireless communications device in a handheld manner in a
  607  designated school crossing, school zone, or work zone area as
  608  defined in s. 316.003(110) s. 316.003(109). This subparagraph is
  609  shall only be applicable to work zone areas if construction
  610  personnel are present or are operating equipment on the road or
  611  immediately adjacent to the work zone area. For the purposes of
  612  this paragraph, a motor vehicle that is stationary is not being
  613  operated and is not subject to the prohibition in this
  614  paragraph.
  615         2. Effective January 1, 2020, a law enforcement officer may
  616  stop motor vehicles and issue citations to persons who are
  617  driving while using a wireless communications device in a
  618  handheld manner in violation of subparagraph 1.
  619         Section 10. Paragraph (a) of subsection (5) of section
  620  316.640, Florida Statutes, is amended to read:
  621         316.640 Enforcement.—The enforcement of the traffic laws of
  622  this state is vested as follows:
  623         (5)(a) Any sheriff’s department or police department of a
  624  municipality may employ, as a traffic infraction enforcement
  625  officer, any individual who successfully completes instruction
  626  in traffic enforcement procedures and court presentation through
  627  the Selective Traffic Enforcement Program as approved by the
  628  Division of Criminal Justice Standards and Training of the
  629  Department of Law Enforcement, or through a similar program, but
  630  who does not necessarily otherwise meet the uniform minimum
  631  standards established by the Criminal Justice Standards and
  632  Training Commission for law enforcement officers or auxiliary
  633  law enforcement officers under s. 943.13. Any such traffic
  634  infraction enforcement officer who observes the commission of a
  635  traffic infraction or, in the case of a parking infraction, who
  636  observes an illegally parked vehicle may issue a traffic
  637  citation for the infraction when, based upon personal
  638  investigation, he or she has reasonable and probable grounds to
  639  believe that an offense has been committed which constitutes a
  640  noncriminal traffic infraction as defined in s. 318.14. In
  641  addition, any such traffic infraction enforcement officer may
  642  issue a traffic citation under s. 316.0083 or s. 316.1896. For
  643  purposes of enforcing s. 316.0083 or s. 316.1895, any sheriff’s
  644  department or police department of a municipality may designate
  645  employees as traffic infraction enforcement officers. The
  646  traffic infraction enforcement officers must be physically
  647  located in the county of the respective sheriff’s or police
  648  department.
  649         Section 11. Paragraphs (a) and (c) of subsection (3) of
  650  section 316.650, Florida Statutes, are amended to read:
  651         316.650 Traffic citations.—
  652         (3)(a) Except for a traffic citation issued pursuant to s.
  653  316.0083, s. 316.1001, or s. 316.1896 or s. 316.0083, each
  654  traffic enforcement officer, upon issuing a traffic citation to
  655  an alleged violator of any provision of the motor vehicle laws
  656  of this state or of any traffic ordinance of any municipality or
  657  town, shall deposit the original traffic citation or, in the
  658  case of a traffic enforcement agency that has an automated
  659  citation issuance system, the chief administrative officer shall
  660  provide by an electronic transmission a replica of the citation
  661  data to a court having jurisdiction over the alleged offense or
  662  with its traffic violations bureau within 5 business days after
  663  issuance to the violator.
  664         (c) If a traffic citation is issued under s. 316.0083 or s.
  665  316.1896, the traffic infraction enforcement officer must shall
  666  provide by electronic transmission a replica of the traffic
  667  citation data to the court having jurisdiction over the alleged
  668  offense or its traffic violations bureau within 5 business days
  669  after the
  670  
  671  ================= T I T L E  A M E N D M E N T ================
  672  And the title is amended as follows:
  673         Delete lines 7 - 112
  674  and insert:
  675         to enforce the speed limit in a school zone at
  676         specified periods through the use of a speed detection
  677         system; providing a rebuttable presumption;
  678         authorizing a county or municipality to place or
  679         install, or contract with a vendor to place or
  680         install, a speed detection system in a school zone;
  681         amending s. 316.0776, F.S.; specifying conditions for
  682         the placement or installation of speed detection
  683         systems; requiring the Department of Transportation to
  684         establish certain specifications by a specified date;
  685         requiring a county or municipality that installs a
  686         speed detection system to provide certain notice to
  687         the public; providing signage requirements; requiring
  688         a county or municipality that has never conducted a
  689         school zone speed detection system program to conduct
  690         a public awareness campaign before commencing
  691         enforcement using such system; limiting penalties in
  692         effect during the public awareness campaign; providing
  693         construction; creating s. 316.1894, F.S.; requiring a
  694         law enforcement agency with jurisdiction over a county
  695         or municipality conducting a school zone speed
  696         detection system program to use certain funds to
  697         administer the School Crossing Guard Recruitment and
  698         Retention Program; providing purposes of the program;
  699         requiring program design and management at the
  700         discretion of the law enforcement agency; creating s.
  701         316.1896, F.S.; authorizing a county or municipality
  702         to authorize a traffic infraction enforcement officer
  703         to issue uniform traffic citations for certain
  704         violations; requiring that certain violations be
  705         evidenced by a speed detection system; providing
  706         construction; providing notice requirements and
  707         procedures; authorizing a person who receives a notice
  708         of violation to request a hearing within a specified
  709         timeframe; defining the term “person”; providing for
  710         waiver of challenge or dispute related to the delivery
  711         of the notice of violation; requiring a county or
  712         municipality to pay certain funds to the Department of
  713         Revenue; providing for the distribution of funds;
  714         providing requirements for issuance of a uniform
  715         traffic citation; providing for waiver of challenge or
  716         dispute related to the delivery of the uniform traffic
  717         citation; providing notice requirements and
  718         procedures; specifying that the registered owner of a
  719         motor vehicle is responsible and liable for paying a
  720         uniform traffic citation; providing exceptions;
  721         requiring an owner of a motor vehicle to furnish an
  722         affidavit under certain circumstances; specifying
  723         requirements for such affidavit; requiring the county
  724         or municipality to dismiss the notice or citation and
  725         provide proof of such dismissal under certain
  726         circumstances; requiring the county or municipality to
  727         notify the registered owner that the notice or
  728         citation will not be dismissed under certain
  729         circumstances; authorizing the county or municipality
  730         to issue a certain person a notification of violation;
  731         providing that the affidavit is admissible in a
  732         proceeding for the purpose of proving who was
  733         operating the motor vehicle at the time of the
  734         violation; providing that the owner of a leased
  735         vehicle is not responsible for paying a traffic
  736         citation or submitting an affidavit; specifying a
  737         timeframe for a county or a municipality to issue a
  738         notification under certain circumstances; requiring
  739         certain persons to issue an affidavit; providing a
  740         criminal penalty for submitting a false affidavit;
  741         providing that certain photographs or video and
  742         evidence of speed are admissible in certain
  743         proceedings; providing a rebuttable presumption;
  744         providing construction; providing requirements and
  745         procedures for hearings; specifying requirements of
  746         and prohibitions on the use of recorded video and
  747         photographs captured by a speed detection system;
  748         requiring municipalities and counties to submit a
  749         report to the Department of Highway Safety and Motor
  750         Vehicles in a form and manner specified by the
  751         department; requiring counties and municipalities to
  752         retain certain records for a specified timeframe;
  753         requiring the department to submit a summary report to
  754         the Governor and Legislature; amending s. 316.1906,
  755         F.S.; revising the definition of the term “officer”;
  756         exempting a speed detection system from the design
  757         requirements for radar units; providing self-test
  758         requirements for speed detection systems; requiring a
  759         law enforcement agency operating a speed detection
  760         system to maintain a log of results of the system’s
  761         self-tests and to perform independent calibration
  762         tests of such systems; providing for the admissibility
  763         of certain evidence in certain proceedings; amending
  764         s. 318.18, F.S.; providing a civil penalty for a speed
  765         limit violation in a school zone; providing for
  766         distribution of certain fines; providing conditions
  767         under which a case may be dismissed; amending s.
  768         322.27, F.S.; prohibiting points from being imposed
  769         against a driver license for certain infractions
  770         enforced by a traffic infraction enforcement officer;
  771         prohibiting such infractions from being used to set
  772         motor vehicle insurance rates; amending s. 316.306,
  773         F.S.; conforming a cross-reference; amending s.
  774         316.640, F.S.; conforming a provision to changes made
  775         by the act; amending s. 316.650, F.S.; conforming
  776         provisions to changes made by the act; requiring the
  777         chief administrative officer and the traffic
  778         infraction enforcement officer