Florida Senate - 2023                CS for CS for CS for SB 588
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Transportation, Tourism, and Economic Development; the
       Committee on Transportation; and Senator Rodriguez
       
       
       
       594-04313-23                                           2023588c3
    1                        A bill to be entitled                      
    2         An act relating to enforcement of school zone speed
    3         limits; amending s. 316.003, F.S.; revising the
    4         definition of the term “local hearing officer”;
    5         defining the term “speed detection system”; amending
    6         s. 316.008, F.S.; authorizing a county or municipality
    7         to enforce the speed limit in a school zone at
    8         specified periods through the use of a speed detection
    9         system; providing a rebuttable presumption;
   10         authorizing a county or municipality to place or
   11         install, or contract with a vendor to place or
   12         install, a speed detection system in a school zone;
   13         amending s. 316.0776, F.S.; specifying conditions for
   14         the placement or installation of speed detection
   15         systems; requiring the Department of Transportation to
   16         establish certain specifications by a specified date;
   17         requiring a county or municipality that installs a
   18         speed detection system to provide certain notice to
   19         the public; providing signage requirements; requiring
   20         a county or municipality that has never conducted a
   21         school zone speed detection system program to conduct
   22         a public awareness campaign before commencing
   23         enforcement using such system; limiting penalties in
   24         effect during the public awareness campaign; providing
   25         construction; creating s. 316.1894, F.S.; requiring a
   26         law enforcement agency with jurisdiction over a county
   27         or municipality conducting a school zone speed
   28         detection system program to use certain funds to
   29         administer the School Crossing Guard Recruitment and
   30         Retention Program; providing purposes of the program;
   31         requiring program design and management at the
   32         discretion of the law enforcement agency; creating s.
   33         316.1896, F.S.; authorizing a county or municipality
   34         to authorize a traffic infraction enforcement officer
   35         to issue uniform traffic citations for certain
   36         violations; requiring that certain violations be
   37         evidenced by a speed detection system; providing
   38         construction; providing notice requirements and
   39         procedures; authorizing a person who receives a notice
   40         of violation to request a hearing within a specified
   41         timeframe; defining the term “person”; providing for
   42         waiver of challenge or dispute related to the delivery
   43         of the notice of violation; requiring a county or
   44         municipality to pay certain funds to the Department of
   45         Revenue; providing for the distribution of funds;
   46         providing requirements for issuance of a uniform
   47         traffic citation; providing for waiver of challenge or
   48         dispute related to the delivery of the uniform traffic
   49         citation; providing notice requirements and
   50         procedures; specifying that the registered owner of a
   51         motor vehicle is responsible and liable for paying a
   52         uniform traffic citation; providing exceptions;
   53         requiring an owner of a motor vehicle to furnish an
   54         affidavit under certain circumstances; specifying
   55         requirements for such affidavit; requiring the county
   56         or municipality to dismiss the notice or citation and
   57         provide proof of such dismissal under certain
   58         circumstances; requiring the county or municipality to
   59         notify the registered owner that the notice or
   60         citation will not be dismissed under certain
   61         circumstances; authorizing the county or municipality
   62         to issue a certain person a notification of violation;
   63         providing that the affidavit is admissible in a
   64         proceeding for the purpose of proving who was
   65         operating the motor vehicle at the time of the
   66         violation; providing that the owner of a leased
   67         vehicle is not responsible for paying a traffic
   68         citation or submitting an affidavit; specifying a
   69         timeframe for a county or a municipality to issue a
   70         notification under certain circumstances; requiring
   71         certain persons to issue an affidavit; providing a
   72         criminal penalty for submitting a false affidavit;
   73         providing that certain photographs or video and
   74         evidence of speed are admissible in certain
   75         proceedings; providing a rebuttable presumption;
   76         providing construction; providing requirements and
   77         procedures for hearings; specifying requirements of
   78         and prohibitions on the use of recorded video and
   79         photographs captured by a speed detection system;
   80         requiring municipalities and counties to submit a
   81         report to the Department of Highway Safety and Motor
   82         Vehicles in a form and manner specified by the
   83         department; requiring counties and municipalities to
   84         retain certain records for a specified timeframe;
   85         requiring the department to submit a summary report to
   86         the Governor and Legislature; amending s. 316.1906,
   87         F.S.; revising the definition of the term “officer”;
   88         exempting a speed detection system from the design
   89         requirements for radar units; providing self-test
   90         requirements for speed detection systems; requiring a
   91         law enforcement agency operating a speed detection
   92         system to maintain a log of results of the system’s
   93         self-tests and to perform independent calibration
   94         tests of such systems; providing for the admissibility
   95         of certain evidence in certain proceedings; amending
   96         s. 318.18, F.S.; providing a civil penalty for a speed
   97         limit violation in a school zone; providing for
   98         distribution of certain fines; providing conditions
   99         under which a case may be dismissed; amending s.
  100         322.27, F.S.; prohibiting points from being imposed
  101         against a driver license for certain infractions
  102         enforced by a traffic infraction enforcement officer;
  103         prohibiting such infractions from being used to set
  104         motor vehicle insurance rates; amending s. 316.306,
  105         F.S.; conforming a cross-reference; amending s.
  106         316.640, F.S.; conforming a provision to changes made
  107         by the act; amending s. 316.650, F.S.; conforming
  108         provisions to changes made by the act; requiring the
  109         chief administrative officer and the traffic
  110         infraction enforcement officer to provide certain data
  111         within 5 business days; amending ss. 318.14, 318.21,
  112         and 655.960, F.S.; conforming cross-references and
  113         provisions to changes made by the act; providing an
  114         effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Present subsections (82) through (109) of
  119  section 316.003, Florida Statutes, are redesignated as
  120  subsections (83) through (110), respectively, a new subsection
  121  (82) is added to that section, and subsections (38) and (64) of
  122  that section are amended, to read:
  123         316.003 Definitions.—The following words and phrases, when
  124  used in this chapter, shall have the meanings respectively
  125  ascribed to them in this section, except where the context
  126  otherwise requires:
  127         (38) LOCAL HEARING OFFICER.—The person, designated by a
  128  department, county, or municipality that elects to authorize
  129  traffic infraction enforcement officers to issue traffic
  130  citations under ss. 316.0083(1)(a) and 316.1896(1) s.
  131  316.0083(1)(a), who is authorized to conduct hearings related to
  132  a notice of violation issued pursuant to s. 316.0083 or s.
  133  316.1896. The charter county, noncharter county, or municipality
  134  may use its currently appointed code enforcement board or
  135  special magistrate to serve as the local hearing officer. The
  136  department may enter into an interlocal agreement to use the
  137  local hearing officer of a county or municipality.
  138         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
  139  in paragraph (88)(b) (87)(b), any privately owned way or place
  140  used for vehicular travel by the owner and those having express
  141  or implied permission from the owner, but not by other persons.
  142         (82)SPEED DETECTION SYSTEM.—A portable or fixed automated
  143  system used to detect a motor vehicle’s speed using radar or
  144  lidar and to capture a photograph or video of the rear of a
  145  motor vehicle that exceeds the speed limit in force at the time
  146  of the violation.
  147         Section 2. Subsection (9) is added to section 316.008,
  148  Florida Statutes, to read:
  149         316.008 Powers of local authorities.—
  150         (9)(a)A county or municipality may enforce the applicable
  151  speed limit on a roadway properly maintained as a school zone
  152  pursuant to s. 316.1895:
  153         1.Within 30 minutes before through 30 minutes after the
  154  start of a regularly scheduled breakfast program;
  155         2.Within 30 minutes before through 30 minutes after the
  156  start of a regularly scheduled school session;
  157         3.During the entirety of a regularly scheduled school
  158  session; and
  159         4.Within 30 minutes before through 30 minutes after the
  160  end of a regularly scheduled school session
  161  
  162  through the use of a speed detection system for the detection of
  163  speed and capturing of photographs or videos for violations in
  164  excess of 10 miles per hour over the speed limit in force at the
  165  time of the violation. A school zone’s compliance with s.
  166  316.1895 creates a rebuttable presumption that the school zone
  167  is properly maintained.
  168         (b)A county or municipality may place or install, or
  169  contract with a vendor to place or install, a speed detection
  170  system within a roadway maintained as a school zone as provided
  171  in s. 316.1895 to enforce unlawful speed violations, as
  172  specified in s. 316.183 or s. 316.1895(10), on that roadway.
  173         Section 3. Subsection (3) is added to section 316.0776,
  174  Florida Statutes, to read:
  175         316.0776 Traffic infraction detectors; speed detection
  176  systems; placement and installation.—
  177         (3)A speed detection system authorized by s. 316.008(9)
  178  may be placed or installed in a school zone on a state road when
  179  permitted by the Department of Transportation and in accordance
  180  with placement and installation specifications developed by the
  181  Department of Transportation. The speed detection system may be
  182  placed or installed in a school zone on a street or highway
  183  under the jurisdiction of a county or a municipality in
  184  accordance with placement and installation specifications
  185  established by the Department of Transportation. The Department
  186  of Transportation shall establish such placement and
  187  installation specifications by December 31, 2023.
  188         (a)If a county or municipality places or installs a speed
  189  detection system as authorized by s. 316.008(9), the county or
  190  municipality must notify the public that a speed detection
  191  system may be in use by posting signage indicating photographic
  192  or video enforcement of the school zone speed limits. Such
  193  signage must clearly designate the time period during which the
  194  school zone speed limits are enforced using a speed detection
  195  system and must meet the placement and installation
  196  specifications established by the Department of Transportation.
  197  For a speed detection system enforcing violations of s. 316.183
  198  or s. 316.1895 on a roadway maintained as a school zone, this
  199  paragraph governs the signage notifying the public of the use of
  200  a speed detection system.
  201         (b)If a county or municipality begins a school zone speed
  202  detection system program in a county or municipality that has
  203  never conducted such a program, the respective county or
  204  municipality must make a public announcement and conduct a
  205  public awareness campaign of the proposed use of speed detection
  206  systems at least 30 days before commencing enforcement under the
  207  speed detection system program and must notify the public of the
  208  specific date on which the program will commence. During the 30
  209  day public awareness campaign, only a warning may be issued to
  210  the registered owner of a motor vehicle for a violation of s.
  211  316.183 or s. 316.1895 enforced by a speed detection system, and
  212  liability may not be imposed for the civil penalty under s.
  213  318.18(3)(d).
  214         Section 4. Section 316.1894, Florida Statutes, is created
  215  to read:
  216         316.1894School Crossing Guard Recruitment and Retention
  217  Program.—The law enforcement agency having jurisdiction over a
  218  county or municipality conducting a school zone speed detection
  219  system program authorized by s. 316.008(9) shall use funds
  220  generated pursuant to s. 316.1896(5)(e) from the school zone
  221  speed detection system program to administer the School Crossing
  222  Guard Recruitment and Retention Program. Such program may
  223  provide recruitment and retention stipends to crossing guards at
  224  K-12 public schools, including charter schools, or stipends to
  225  third parties for the recruitment of new crossing guards. The
  226  School Crossing Guard Recruitment and Retention Program must be
  227  designed and managed at the discretion of the law enforcement
  228  agency.
  229         Section 5. Section 316.1896, Florida Statutes, is created
  230  to read:
  231         316.1896Roadways maintained as school zones; speed
  232  detection system enforcement; penalties; appeal procedure;
  233  privacy; reports.—
  234         (1)For purposes of administering this section, a county or
  235  municipality may authorize a traffic infraction enforcement
  236  officer under s. 316.640 to issue uniform traffic citations for
  237  violations of ss. 316.183 and 316.1895, as authorized by s.
  238  316.008(9), for the following:
  239         (a)A violation of s. 316.1895 in excess of 10 miles per
  240  hour over the school zone speed limit which occurs within 30
  241  minutes before through 30 minutes after the start of a regularly
  242  scheduled breakfast program.
  243         (b)A violation of s. 316.1895 in excess of 10 miles per
  244  hour over the school zone speed limit which occurs within 30
  245  minutes before through 30 minutes after the start of a regularly
  246  scheduled school session.
  247         (c)A violation of s. 316.183 in excess of 10 miles per
  248  hour over the posted speed limit during the entirety of a
  249  regularly scheduled school session.
  250         (d)A violation of s. 316.1895 in excess of 10 miles per
  251  hour over the school zone speed limit which occurs within 30
  252  minutes before through 30 minutes after the end of a regularly
  253  scheduled school session.
  254  
  255  Such violation must be evidenced by a speed detection system
  256  described in ss. 316.008(9) and 316.0776(3). This subsection
  257  does not prohibit a review of information from a speed detection
  258  system by an authorized employee or agent of a county or
  259  municipality before issuance of the uniform traffic citation by
  260  the traffic infraction enforcement officer. This subsection does
  261  not prohibit a county or municipality from issuing notices as
  262  provided in subsection (2) to the registered owner of the motor
  263  vehicle for a violation of s. 316.183 or s. 316.1895.
  264         (2)Within 30 days after a violation, notice must be sent
  265  to the registered owner of the motor vehicle involved in the
  266  violation specifying the remedies available under s. 318.14 and
  267  that the violator must pay the penalty under s. 318.18(3)(d) to
  268  the county or municipality, or furnish an affidavit in
  269  accordance with subsection (8), within 30 days after the date of
  270  the notice of violation in order to avoid court fees, costs, and
  271  the issuance of a uniform traffic citation. The notice of
  272  violation must:
  273         (a)Be sent by first-class mail.
  274         (b)Include a photograph or other recorded image showing
  275  the license plate of the motor vehicle; the date, time, and
  276  location of the violation; the maximum speed at which the motor
  277  vehicle was traveling within the school zone; and the speed
  278  limit within the school zone at the time of the violation.
  279         (c)Include a notice that the owner has the right to
  280  review, in person or remotely, the photograph or video captured
  281  by the speed detection system and the evidence of the speed of
  282  the motor vehicle detected by the speed detection system which
  283  constitute a rebuttable presumption that the motor vehicle was
  284  used in violation of s. s. 316.183 or s. 316.1895.
  285         (d)State the time when, and the place or website at which,
  286  the photograph or video captured and evidence of speed detected
  287  may be examined and observed.
  288         (3)Notwithstanding any other law, a person who receives a
  289  notice of violation under this section may request a hearing
  290  within 30 days after the notice of violation or may pay the
  291  penalty pursuant to the notice of violation, but a payment or
  292  fee may not be required before the hearing requested by the
  293  person. The notice of violation must be accompanied by, or
  294  direct the person to a website that provides, information on the
  295  person’s right to request a hearing and on all costs related
  296  thereto and a form used for requesting a hearing. As used in
  297  this subsection, the term “person” means a natural person, the
  298  registered owner or co-owner of a motor vehicle, or the person
  299  identified in an affidavit as having actual care, custody, or
  300  control of the motor vehicle at the time of the violation.
  301         (4)If the registered owner or co-owner of the motor
  302  vehicle; the person identified as having care, custody, or
  303  control of the motor vehicle at the time of the violation; or an
  304  authorized representative of the owner, co-owner, or identified
  305  person initiates a proceeding to challenge the violation, such
  306  person waives any challenge or dispute as to the delivery of the
  307  notice of violation.
  308         (5)Penalties assessed and collected by the county or
  309  municipality authorized to collect the funds provided for in
  310  this section, less the amount retained by the county or
  311  municipality pursuant to paragraphs (b) and (e) and the amount
  312  remitted to the county school district pursuant to paragraph
  313  (d), must be paid weekly to the Department of Revenue. Such
  314  payment must be made by means of electronic funds transfer. In
  315  addition to the payment, a detailed summary of the penalties
  316  remitted must be reported to the Department of Revenue.
  317  Penalties to be assessed and collected by the county or
  318  municipality as established in s. 318.18(3)(d) must be remitted
  319  as follows:
  320         (a)Twenty dollars must be remitted to the Department of
  321  Revenue for deposit into the General Revenue Fund.
  322         (b)Sixty dollars must be retained by the county or
  323  municipality and must be used to administer speed detection
  324  systems in school zones and other public safety initiatives.
  325         (c)Three dollars must be remitted to the Department of
  326  Revenue for deposit into the Department of Law Enforcement
  327  Criminal Justice Standards and Training Trust Fund.
  328         (d)Twelve dollars must be remitted to the county school
  329  district in which the violation occurred and must be used for
  330  school security initiatives, for student transportation, or to
  331  improve the safety of student walking conditions. Funds remitted
  332  under this paragraph must be shared with charter schools in the
  333  district based on each charter school’s proportionate share of
  334  the district’s total unweighted full-time equivalent student
  335  enrollment and must be used for school security initiatives or
  336  to improve the safety of student walking conditions.
  337         (e)Five dollars must be retained by the county or
  338  municipality for the School Crossing Guard Recruitment and
  339  Retention Program pursuant to s. 316.1894.
  340         (6)A uniform traffic citation must be issued by mailing
  341  the uniform traffic citation by certified mail to the address of
  342  the registered owner of the motor vehicle involved in the
  343  violation if payment has not been made within 30 days after
  344  notification under subsection (2), if the registered owner has
  345  not requested a hearing as authorized under subsection (3), and
  346  if the registered owner has not submitted an affidavit in
  347  accordance with subsection (8).
  348         (a)Delivery of the uniform traffic citation constitutes
  349  notification of a violation under this subsection. If the
  350  registered owner or co-owner of the motor vehicle; the person
  351  identified as having care, custody, or control of the motor
  352  vehicle at the time of the violation; or a duly authorized
  353  representative of the owner, co-owner, or identified person
  354  initiates a proceeding to challenge the citation pursuant to
  355  this section, such person waives any challenge or dispute as to
  356  the delivery of the uniform traffic citation.
  357         (b)In the case of joint ownership of a motor vehicle, the
  358  uniform traffic citation must be mailed to the first name
  359  appearing on the motor vehicle registration, unless the first
  360  name appearing on the registration is a business organization,
  361  in which case the second name appearing on the registration may
  362  be used.
  363         (c)The uniform traffic citation mailed to the registered
  364  owner of the motor vehicle involved in the infraction must be
  365  accompanied by the information described in paragraphs (2)(b),
  366  (c), and (d).
  367         (7)The registered owner of the motor vehicle involved in
  368  the violation is responsible and liable for paying the uniform
  369  traffic citation issued for a violation of s. 316.183 or s.
  370  316.1895 unless the owner can establish that:
  371         (a)At the time of the violation, the motor vehicle was in
  372  the care, custody, or control of another person;
  373         (b)A uniform traffic citation was issued by law
  374  enforcement to the driver of the motor vehicle for the alleged
  375  violation of s. 316.183 or s. 316.1895; or
  376         (c)The motor vehicle’s registered owner was deceased on or
  377  before the date of the alleged violation, as established by an
  378  affidavit submitted by the representative of the motor vehicle
  379  owner’s estate or other identified person or family member.
  380         (8)To establish such facts under subsection (7), the
  381  registered owner of the motor vehicle must, within 30 days after
  382  the date of issuance of the notice of violation or the uniform
  383  traffic citation, furnish to the appropriate governmental entity
  384  an affidavit setting forth information supporting an exception
  385  under subsection (7).
  386         (a)An affidavit supporting the exception under paragraph
  387  (7)(a) must include the name, address, date of birth, and, if
  388  known, the driver license number of the person who leased,
  389  rented, or otherwise had care, custody, or control of the motor
  390  vehicle at the time of the alleged violation. If the motor
  391  vehicle was stolen at the time of the alleged violation, the
  392  affidavit must include the police report indicating that the
  393  motor vehicle was stolen.
  394         (b)If a uniform traffic citation for a violation of s.
  395  316.183 or s. 316.1895 was issued at the location of the
  396  violation by a law enforcement officer, the affidavit must
  397  include the serial number of the uniform traffic citation.
  398         (c)If the motor vehicle’s owner to whom a notice of
  399  violation or a uniform traffic citation has been issued is
  400  deceased, the affidavit must include a certified copy of the
  401  owner’s death certificate showing that the date of death
  402  occurred on or before the date of the alleged violation and any
  403  of the following:
  404         1.A bill of sale or other document showing that the
  405  deceased owner’s motor vehicle was sold or transferred after his
  406  or her death but on or before the date of the alleged violation.
  407         2.Documented proof that the registered license plate
  408  belonging to the deceased owner’s motor vehicle was returned to
  409  the department or any branch office or authorized agent of the
  410  department after his or her death but on or before the date of
  411  the alleged violation.
  412         3.A copy of the police report showing that the deceased
  413  owner’s registered license plate or motor vehicle was stolen
  414  after his or her death but on or before the date of the alleged
  415  violation.
  416  
  417  Upon receipt of the affidavit and documentation required under
  418  paragraphs (b) and (c), or 30 days after the date of issuance of
  419  a notice of violation sent to a person identified as having
  420  care, custody, or control of the motor vehicle at the time of
  421  the violation under paragraph (a), the county or municipality
  422  must dismiss the notice or citation and provide proof of such
  423  dismissal to the person who submitted the affidavit. If, within
  424  30 days after the date of a notice of violation sent to a person
  425  under subsection (9), the county or municipality receives an
  426  affidavit under subsection (10) from the person sent a notice of
  427  violation affirming that the person did not have care, custody,
  428  or control of the motor vehicle at the time of the violation,
  429  the county or municipality must notify the registered owner that
  430  the notice or citation will not be dismissed due to failure to
  431  establish that another person had care, custody, or control of
  432  the motor vehicle at the time of the violation.
  433         (9)Upon receipt of an affidavit under paragraph (8)(a),
  434  the county or municipality may issue the person identified as
  435  having care, custody, or control of the motor vehicle at the
  436  time of the violation a notice of violation pursuant to
  437  subsection (2) for a violation of s. 316.183 or s. 316.1895. The
  438  affidavit is admissible in a proceeding pursuant to this section
  439  for the purpose of providing evidence that the person identified
  440  in the affidavit was in actual care, custody, or control of the
  441  motor vehicle. The owner of a leased motor vehicle for which a
  442  uniform traffic citation is issued for a violation of s. 316.183
  443  or s. 316.1895 is not responsible for paying the uniform traffic
  444  citation and is not required to submit an affidavit as specified
  445  in subsection (8) if the motor vehicle involved in the violation
  446  is registered in the name of the lessee.
  447         (10)If a county or municipality receives an affidavit
  448  under paragraph (8)(a), the notice of violation required under
  449  subsection (2) must be sent to the person identified in the
  450  affidavit within 30 days after receipt of the affidavit. The
  451  person identified in an affidavit and sent a notice of violation
  452  may also affirm that he or she did not have care, custody, or
  453  control of the motor vehicle at the time of the violation by
  454  furnishing to the appropriate governmental entity within 30 days
  455  after the date of the notice of violation an affidavit stating
  456  such.
  457         (11)The submission of a false affidavit is a misdemeanor
  458  of the second degree, punishable as provided in s. 775.082 or s.
  459  775.083.
  460         (12)The photograph or video captured by a speed detection
  461  system and the evidence of the speed of the motor vehicle
  462  detected by a speed detection system which are attached to or
  463  referenced in the uniform traffic citation are evidence of a
  464  violation of s. 316.183 or s. 316.1895 and are admissible in any
  465  proceeding to enforce this section. The photograph or video and
  466  the evidence of speed detected raise a rebuttable presumption
  467  that the motor vehicle named in the report or shown in the
  468  photograph or video was used in violation of s. 316.183 or s.
  469  316.1895.
  470         (13)This section supplements the enforcement of ss.
  471  316.183 and 316.1895 by a law enforcement officer and does not
  472  prohibit a law enforcement officer from issuing a uniform
  473  traffic citation for a violation of s. 316.183 or s. 316.1895.
  474         (14)A hearing under this section must be conducted under
  475  the procedures established by s. 316.0083(5) and as follows:
  476         (a)The department shall publish and make available
  477  electronically to each county and municipality a model request
  478  for hearing form to assist each county or municipality
  479  administering this section.
  480         (b)A county or municipality electing to authorize traffic
  481  infraction enforcement officers to issue uniform traffic
  482  citations under subsection (6) must designate by resolution
  483  existing staff to serve as the clerk to the local hearing
  484  officer.
  485         (c)A person, referred to in this subsection as the
  486  “petitioner,” who elects to request a hearing under subsection
  487  (3) must be scheduled for a hearing by the clerk to the local
  488  hearing officer. The clerk must furnish the petitioner with
  489  notice sent by first-class mail. Upon receipt of the notice, the
  490  petitioner may reschedule the hearing up to two times by
  491  submitting a written request to reschedule to the clerk at least
  492  5 calendar days before the day of the scheduled hearing. The
  493  petitioner may cancel his or her appearance before the local
  494  hearing officer by paying the penalty assessed under subsection
  495  (2), plus the administrative costs established in s.
  496  316.0083(5)(c), before the start of the hearing.
  497         (d)All testimony at the hearing must be under oath and
  498  must be recorded. The local hearing officer shall take testimony
  499  from a traffic infraction enforcement officer and the petitioner
  500  and may take testimony from others. The local hearing officer
  501  shall review the photograph or video captured by the speed
  502  detection system and the evidence of the speed of the motor
  503  vehicle detected by the speed detection system made available
  504  under paragraph (2)(b). Formal rules of evidence do not apply,
  505  but due process must be observed and must govern the
  506  proceedings.
  507         (e)At the conclusion of the hearing, the local hearing
  508  officer shall determine whether a violation under this section
  509  occurred and must uphold or dismiss the violation. The local
  510  hearing officer shall issue a final administrative order
  511  including the determination and, if the notice of violation is
  512  upheld, must require the petitioner to pay the penalty
  513  previously assessed under subsection (2), and may also require
  514  the petitioner to pay county or municipal costs not to exceed
  515  the amount established in s. 316.0083(5)(e). The final
  516  administrative order must be mailed to the petitioner by first
  517  class mail.
  518         (f)An aggrieved party may appeal a final administrative
  519  order consistent with the process provided in s. 162.11.
  520         (15)(a)A speed detection system in a school zone may not
  521  be used for remote surveillance. The collection of evidence by a
  522  speed detection system to enforce violations of ss. 316.183 and
  523  316.1895, or user-controlled pan or tilt adjustments of speed
  524  detection system components, do not constitute remote
  525  surveillance. Recorded video or photographs collected as part of
  526  a speed detection system in a school zone may only be used to
  527  document violations of ss. 316.183 and 316.1895 and for purposes
  528  of determining criminal or civil liability for incidents
  529  captured by the speed detection system incidental to the
  530  permissible use of the speed detection system.
  531         (b)Any recorded video or photograph obtained through the
  532  use of a speed detection system must be destroyed within 90 days
  533  after the final disposition of the recorded event. The vendor of
  534  a speed detection system shall provide the county or
  535  municipality with written notice by December 31 of each year
  536  that such records have been destroyed in accordance with this
  537  subsection.
  538         (c)Notwithstanding any other law, registered motor vehicle
  539  owner information obtained as a result of the operation of a
  540  speed detection system in a school zone is not the property of
  541  the manufacturer or vendor of the speed detection system and may
  542  be used only for the purposes of this section.
  543         (16)(a)Each county or municipality that operates a speed
  544  detection system in a school zone must submit a report by
  545  October 1, 2024, and annually thereafter, to the department
  546  which details the results of the speed detection system in the
  547  school zone and the procedures for enforcement. The information
  548  from counties and municipalities must be submitted in a form and
  549  manner determined by the department, which the department must
  550  make available to the counties and municipalities by August 1,
  551  2023, and the department may require data components to be
  552  submitted quarterly. The report must include at least the
  553  following:
  554         1.Information related to the location of each speed
  555  detection system, including the geocoordinates of the school
  556  zone, the directional approach of the speed detection system,
  557  the school name, the school level, the times the speed detection
  558  system was active, the restricted school zone speed limit
  559  enforced pursuant to s. 316.1895(5), the posted speed limit
  560  enforced at times other than those authorized by s. 316.1895(5),
  561  the date the systems were activated to enforce violations of ss.
  562  316.183 and 316.1895, and, if applicable, the date the systems
  563  were deactivated.
  564         2.The number of notices of violation issued, the number
  565  that were contested, the number that were upheld, the number
  566  that were dismissed, the number that were issued as uniform
  567  traffic citations, and the number that were paid.
  568         3.Any other statistical data and information related to
  569  the procedures for enforcement required by the department to
  570  complete the report required under paragraph (c).
  571         (b)Each county or municipality that operates a speed
  572  detection system is responsible for and must maintain its
  573  respective data for reporting purposes under this subsection for
  574  at least 2 years after such data is reported to the department.
  575         (c)On or before December 31, 2024, and annually
  576  thereafter, the department shall submit a summary report to the
  577  Governor, the President of the Senate, and the Speaker of the
  578  House of Representatives regarding the use of speed detection
  579  systems under this section, along with any legislative
  580  recommendations from the department. The summary report must
  581  include a review of the information submitted to the department
  582  by the counties and municipalities and must describe the
  583  enhancement of safety and enforcement programs.
  584         Section 6. Paragraph (d) of subsection (1) of section
  585  316.1906, Florida Statutes, is amended, and subsection (3) is
  586  added to that section, to read:
  587         316.1906 Radar speed-measuring devices; speed detection
  588  systems; evidence, admissibility.—
  589         (1) DEFINITIONS.—
  590         (d) “Officer” means any:
  591         1. “Law enforcement officer” who is elected, appointed, or
  592  employed full time by any municipality or the state or any
  593  political subdivision thereof; who is vested with the authority
  594  to bear arms and make arrests; and whose primary responsibility
  595  is the prevention and detection of crime or the enforcement of
  596  the penal, criminal, traffic, or highway laws of the state;
  597         2. “Part-time law enforcement officer” who is employed or
  598  appointed less than full time, as defined by an employing
  599  agency, with or without compensation; who is vested with
  600  authority to bear arms and make arrests; and whose primary
  601  responsibility is the prevention and detection of crime or the
  602  enforcement of the penal, criminal, traffic, or highway laws of
  603  the state; or
  604         3. “Auxiliary law enforcement officer” who is employed or
  605  appointed, with or without compensation; who aids or assists a
  606  full-time or part-time law enforcement officer; and who, while
  607  under the direct supervision of a full-time or part-time law
  608  enforcement officer, has the authority to arrest and perform law
  609  enforcement functions; or
  610         4.“Traffic infraction enforcement officer” who is employed
  611  or appointed, with or without compensation, and satisfies the
  612  requirements of s. 316.640(5) and is vested with authority to
  613  enforce violations of ss. 316.183 and 316.1895 pursuant to s.
  614  316.1896.
  615         (3)A speed detection system is exempt from the design
  616  requirements for radar or lidar units established by the
  617  department. A speed detection system must have the ability to
  618  perform self-tests as to its detection accuracy. The system must
  619  perform a self-test at least once every 30 days. The law
  620  enforcement agency, or an agent acting on behalf of the law
  621  enforcement agency, operating a speed detection system shall
  622  maintain a log of the results of the system’s self-tests. The
  623  law enforcement agency or an agent acting on behalf of the law
  624  enforcement agency operating a speed detection system shall also
  625  perform an independent calibration test on the speed detection
  626  system at least once every 12 months. The self-test logs, as
  627  well as the results of the annual calibration test, are
  628  admissible in any court proceeding for a uniform traffic
  629  citation issued for a violation of s. 316.183 or s. 316.1895
  630  enforced pursuant to s. 316.1896. Notwithstanding subsection
  631  (2), evidence of the speed of a motor vehicle detected by a
  632  speed detection system compliant with this subsection and the
  633  determination by a traffic enforcement officer that a motor
  634  vehicle is operating in excess of the applicable speed limit is
  635  admissible in any proceeding with respect to an alleged
  636  violation of law regulating the speed of motor vehicles in
  637  school zones.
  638         Section 7. Paragraphs (d) through (h) of subsection (3) of
  639  section 318.18, Florida Statutes, are redesignated as paragraphs
  640  (e) through (i), respectively, and a new paragraph (d) is added
  641  to that subsection to read:
  642         318.18 Amount of penalties.—The penalties required for a
  643  noncriminal disposition pursuant to s. 318.14 or a criminal
  644  offense listed in s. 318.17 are as follows:
  645         (3)
  646         (d)1.Notwithstanding paragraphs (b) and (c), a person
  647  cited for a violation of s. 316.183 or s. 316.1895(10) for
  648  exceeding the speed limit in force at the time of the violation
  649  on a roadway maintained as a school zone as provided in s.
  650  316.1895, when enforced by a traffic infraction enforcement
  651  officer pursuant to s. 316.1896, must pay a fine of $100. Fines
  652  collected under this paragraph must be distributed as follows:
  653         a.Twenty dollars must be remitted to the Department of
  654  Revenue for deposit into the General Revenue Fund.
  655         b.Seventy-seven dollars must be distributed to the county
  656  for any violations occurring in any unincorporated areas of the
  657  county or to the municipality for any violations occurring in
  658  the incorporated boundaries of the municipality in which the
  659  infraction occurred, to be used as provided in s. 316.1896(5).
  660         c.Three dollars must be remitted to the Department of
  661  Revenue for deposit into the Department of Law Enforcement
  662  Criminal Justice Standards and Training Trust Fund to be used as
  663  provided in s. 943.25.
  664         2.If a person who is mailed a notice of violation or a
  665  uniform traffic citation for a violation of s. 316.183 or s.
  666  316.1895(10), as enforced by a traffic infraction enforcement
  667  officer under s. 316.1896, presents documentation from the
  668  appropriate governmental entity that the notice of violation or
  669  uniform traffic citation was in error, the clerk of the court or
  670  clerk to the local hearing officer may dismiss the case. The
  671  clerk of the court or clerk to the local hearing officer may not
  672  charge for this service.
  673         Section 8. Paragraph (d) of subsection (3) of section
  674  322.27, Florida Statutes, is amended to read:
  675         322.27 Authority of department to suspend or revoke driver
  676  license or identification card.—
  677         (3) There is established a point system for evaluation of
  678  convictions of violations of motor vehicle laws or ordinances,
  679  and violations of applicable provisions of s. 403.413(6)(b) when
  680  such violations involve the use of motor vehicles, for the
  681  determination of the continuing qualification of any person to
  682  operate a motor vehicle. The department is authorized to suspend
  683  the license of any person upon showing of its records or other
  684  good and sufficient evidence that the licensee has been
  685  convicted of violation of motor vehicle laws or ordinances, or
  686  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  687  more points as determined by the point system. The suspension
  688  shall be for a period of not more than 1 year.
  689         (d) The point system has shall have as its basic element a
  690  graduated scale of points assigning relative values to
  691  convictions of the following violations:
  692         1. Reckless driving, willful and wanton—4 points.
  693         2. Leaving the scene of a crash resulting in property
  694  damage of more than $50—6 points.
  695         3. Unlawful speed, or unlawful use of a wireless
  696  communications device, resulting in a crash—6 points.
  697         4. Passing a stopped school bus:
  698         a. Not causing or resulting in serious bodily injury to or
  699  death of another—4 points.
  700         b. Causing or resulting in serious bodily injury to or
  701  death of another—6 points.
  702         5. Unlawful speed:
  703         a. Not in excess of 15 miles per hour of lawful or posted
  704  speed—3 points.
  705         b. In excess of 15 miles per hour of lawful or posted
  706  speed—4 points.
  707         c.Points may not be imposed for a violation of unlawful
  708  speed as provided in s. 316.183 or s. 316.1895 when enforced by
  709  a traffic infraction enforcement officer pursuant to s.
  710  316.1896. In addition, a violation of s. 316.183 or 316.1895
  711  when enforced by a traffic infraction enforcement officer
  712  pursuant to s. 316.1896 may not be used for purposes of setting
  713  motor vehicle insurance rates.
  714         6. A violation of a traffic control signal device as
  715  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  716  However, no points shall be imposed for a violation of s.
  717  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  718  stop at a traffic signal and when enforced by a traffic
  719  infraction enforcement officer. In addition, a violation of s.
  720  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  721  stop at a traffic signal and when enforced by a traffic
  722  infraction enforcement officer may not be used for purposes of
  723  setting motor vehicle insurance rates.
  724         7. All other moving violations (including parking on a
  725  highway outside the limits of a municipality)—3 points. However,
  726  no points shall be imposed for a violation of s. 316.0741 or s.
  727  316.2065(11); and points shall be imposed for a violation of s.
  728  316.1001 only when imposed by the court after a hearing pursuant
  729  to s. 318.14(5).
  730         8. Any moving violation covered in this paragraph,
  731  excluding unlawful speed and unlawful use of a wireless
  732  communications device, resulting in a crash—4 points.
  733         9. Any conviction under s. 403.413(6)(b)—3 points.
  734         10. Any conviction under s. 316.0775(2)—4 points.
  735         11. A moving violation covered in this paragraph which is
  736  committed in conjunction with the unlawful use of a wireless
  737  communications device within a school safety zone—2 points, in
  738  addition to the points assigned for the moving violation.
  739         Section 9. Paragraph (a) of subsection (3) of section
  740  316.306, Florida Statutes, is amended to read:
  741         316.306 School and work zones; prohibition on the use of a
  742  wireless communications device in a handheld manner.—
  743         (3)(a)1. A person may not operate a motor vehicle while
  744  using a wireless communications device in a handheld manner in a
  745  designated school crossing, school zone, or work zone area as
  746  defined in s. 316.003(110) s. 316.003(109). This subparagraph is
  747  shall only be applicable to work zone areas if construction
  748  personnel are present or are operating equipment on the road or
  749  immediately adjacent to the work zone area. For the purposes of
  750  this paragraph, a motor vehicle that is stationary is not being
  751  operated and is not subject to the prohibition in this
  752  paragraph.
  753         2. Effective January 1, 2020, a law enforcement officer may
  754  stop motor vehicles and issue citations to persons who are
  755  driving while using a wireless communications device in a
  756  handheld manner in violation of subparagraph 1.
  757         Section 10. Paragraph (a) of subsection (5) of section
  758  316.640, Florida Statutes, is amended to read:
  759         316.640 Enforcement.—The enforcement of the traffic laws of
  760  this state is vested as follows:
  761         (5)(a) Any sheriff’s department or police department of a
  762  municipality may employ, as a traffic infraction enforcement
  763  officer, any individual who successfully completes instruction
  764  in traffic enforcement procedures and court presentation through
  765  the Selective Traffic Enforcement Program as approved by the
  766  Division of Criminal Justice Standards and Training of the
  767  Department of Law Enforcement, or through a similar program, but
  768  who does not necessarily otherwise meet the uniform minimum
  769  standards established by the Criminal Justice Standards and
  770  Training Commission for law enforcement officers or auxiliary
  771  law enforcement officers under s. 943.13. Any such traffic
  772  infraction enforcement officer who observes the commission of a
  773  traffic infraction or, in the case of a parking infraction, who
  774  observes an illegally parked vehicle may issue a traffic
  775  citation for the infraction when, based upon personal
  776  investigation, he or she has reasonable and probable grounds to
  777  believe that an offense has been committed which constitutes a
  778  noncriminal traffic infraction as defined in s. 318.14. In
  779  addition, any such traffic infraction enforcement officer may
  780  issue a traffic citation under s. 316.0083 or s. 316.1896. For
  781  purposes of enforcing s. 316.0083 or s. 316.1895, any sheriff’s
  782  department or police department of a municipality may designate
  783  employees as traffic infraction enforcement officers. The
  784  traffic infraction enforcement officers must be physically
  785  located in the county of the respective sheriff’s or police
  786  department.
  787         Section 11. Paragraphs (a) and (c) of subsection (3) of
  788  section 316.650, Florida Statutes, are amended to read:
  789         316.650 Traffic citations.—
  790         (3)(a) Except for a traffic citation issued pursuant to s.
  791  316.0083, s. 316.1001, or s. 316.1896 or s. 316.0083, each
  792  traffic enforcement officer, upon issuing a traffic citation to
  793  an alleged violator of any provision of the motor vehicle laws
  794  of this state or of any traffic ordinance of any municipality or
  795  town, shall deposit the original traffic citation or, in the
  796  case of a traffic enforcement agency that has an automated
  797  citation issuance system, the chief administrative officer shall
  798  provide by an electronic transmission a replica of the citation
  799  data to a court having jurisdiction over the alleged offense or
  800  with its traffic violations bureau within 5 business days after
  801  issuance to the violator.
  802         (c) If a traffic citation is issued under s. 316.0083 or s.
  803  316.1896, the traffic infraction enforcement officer must shall
  804  provide by electronic transmission a replica of the traffic
  805  citation data to the court having jurisdiction over the alleged
  806  offense or its traffic violations bureau within 5 business days
  807  after the date of issuance of the traffic citation to the
  808  violator. If a hearing is requested, the traffic infraction
  809  enforcement officer must shall provide a replica of the traffic
  810  notice of violation data to the clerk for the local hearing
  811  officer having jurisdiction over the alleged offense within 14
  812  days.
  813         Section 12. Subsection (2) of section 318.14, Florida
  814  Statutes, is amended to read:
  815         318.14 Noncriminal traffic infractions; exception;
  816  procedures.—
  817         (2) Except as provided in ss. 316.0083, 316.1001(2), and
  818  316.1896 and 316.0083, any person cited for a violation
  819  requiring a mandatory hearing listed in s. 318.19 or any other
  820  criminal traffic violation listed in chapter 316 must sign and
  821  accept a citation indicating a promise to appear. The officer
  822  may indicate on the traffic citation the time and location of
  823  the scheduled hearing and must indicate the applicable civil
  824  penalty established in s. 318.18. For all other infractions
  825  under this section, except for infractions under s. 316.1001,
  826  the officer must certify by electronic, electronic facsimile, or
  827  written signature that the citation was delivered to the person
  828  cited. This certification is prima facie evidence that the
  829  person cited was served with the citation.
  830         Section 13. Subsections (4), (5), and (15) of section
  831  318.21, Florida Statutes, are amended to read:
  832         318.21 Disposition of civil penalties by county courts.—All
  833  civil penalties received by a county court pursuant to the
  834  provisions of this chapter shall be distributed and paid monthly
  835  as follows:
  836         (4) Of the additional fine assessed under s. 318.18(3)(g)
  837  s. 318.18(3)(f) for a violation of s. 316.1301, 40 percent must
  838  be remitted to the Department of Revenue for deposit in the
  839  Grants and Donations Trust Fund of the Division of Blind
  840  Services of the Department of Education, and 60 percent must be
  841  distributed pursuant to subsections (1) and (2).
  842         (5) Of the additional fine assessed under s. 318.18(3)(g)
  843  s. 318.18(3)(f) for a violation of s. 316.1303(1), 60 percent
  844  must be remitted to the Department of Revenue for deposit in the
  845  Grants and Donations Trust Fund of the Division of Vocational
  846  Rehabilitation of the Department of Education, and 40 percent
  847  must be distributed pursuant to subsections (1) and (2).
  848         (15) Of the additional fine assessed under s. 318.18(3)(f)
  849  s. 318.18(3)(e) for a violation of s. 316.1893, 50 percent of
  850  the moneys received from the fines shall be appropriated to the
  851  Agency for Health Care Administration as general revenue to
  852  provide an enhanced Medicaid payment to nursing homes that serve
  853  Medicaid recipients with brain and spinal cord injuries. The
  854  remaining 50 percent of the moneys received from the enhanced
  855  fine imposed under s. 318.18(3)(f) s. 318.18(3)(e) shall be
  856  remitted to the Department of Revenue and deposited into the
  857  Department of Health Emergency Medical Services Trust Fund to
  858  provide financial support to certified trauma centers in the
  859  counties where enhanced penalty zones are established to ensure
  860  the availability and accessibility of trauma services. Funds
  861  deposited into the Emergency Medical Services Trust Fund under
  862  this subsection shall be allocated as follows:
  863         (a) Fifty percent shall be allocated equally among all
  864  Level I, Level II, and pediatric trauma centers in recognition
  865  of readiness costs for maintaining trauma services.
  866         (b) Fifty percent shall be allocated among Level I, Level
  867  II, and pediatric trauma centers based on each center’s relative
  868  volume of trauma cases as calculated using the hospital
  869  discharge data collected pursuant to s. 408.061.
  870         Section 14. Subsection (1) of section 655.960, Florida
  871  Statutes, is amended to read:
  872         655.960 Definitions; ss. 655.960-655.965.—As used in this
  873  section and ss. 655.961-655.965, unless the context otherwise
  874  requires:
  875         (1) “Access area” means any paved walkway or sidewalk which
  876  is within 50 feet of any automated teller machine. The term does
  877  not include any street or highway open to the use of the public,
  878  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  879  including any adjacent sidewalk, as defined in s. 316.003.
  880         Section 15. This act shall take effect July 1, 2023.