Florida Senate - 2023                              CS for SB 766
       
       
        
       By the Committee on Transportation; and Senator Burgess
       
       
       
       
       
       596-03500A-23                                          2023766c1
    1                        A bill to be entitled                      
    2         An act relating to enforcement of school bus passing
    3         infractions; amending s. 316.003, F.S.; defining the
    4         term “school bus infraction detection system”;
    5         creating s. 316.173, F.S.; authorizing school
    6         districts to install and operate school bus infraction
    7         detection systems for a specified purpose; authorizing
    8         school districts to contract with a vendor or
    9         manufacturer for specified purposes; requiring that
   10         the decision to install school bus infraction
   11         detection systems be in the interest of public safety;
   12         prohibiting an individual from receiving a commission
   13         from violations detected through the school bus
   14         infraction detection system; prohibiting a vendor or
   15         manufacturer from receiving a fee or remuneration
   16         based on the number of violations detected; requiring
   17         the school district to ensure that each school bus
   18         infraction detection system meets certain
   19         requirements; requiring the school district to enter
   20         into interlocal agreements with law enforcement
   21         agencies to enforce violations; providing signage
   22         requirements; prohibiting the sufficiency of signage
   23         from being raised in certain proceedings; requiring a
   24         school district that installs a school bus infraction
   25         detection system to provide certain notice to the
   26         public; requiring a school district that has never
   27         conducted a school bus infraction detection system
   28         program to conduct a public awareness campaign before
   29         commencing enforcement of such system; limiting
   30         penalties in effect during the public awareness
   31         campaign; requiring the vendor or manufacturer to
   32         submit information regarding alleged violations within
   33         a specified period of time; providing requirements for
   34         such submissions; providing notification requirements
   35         and procedures for law enforcement agencies; providing
   36         for waiver of challenge or dispute as to the delivery
   37         of notification of violation; providing for the
   38         distribution of funds; providing requirements for
   39         issuance of a traffic citation; providing for waiver
   40         of challenge or dispute as to the delivery of the
   41         traffic citation; providing notification requirements
   42         and procedures; specifying that the registered owner
   43         of a motor vehicle is responsible and liable for
   44         paying a traffic citation; providing exceptions;
   45         requiring an owner of a motor vehicle to furnish an
   46         affidavit under certain circumstances; specifying
   47         requirements for such affidavit; requiring the law
   48         enforcement agency to dismiss a notice of violation
   49         and provide proof of such dismissal under certain
   50         circumstances; requiring the law enforcement agency to
   51         notify the registered owner that the notice or
   52         citation will not be dismissed under certain
   53         circumstances; authorizing the law enforcement agency
   54         to issue a certain person a notification of violation;
   55         providing that the affidavit is admissible in a
   56         proceeding for the purpose of proving who was
   57         operating the motor vehicle at the time of the
   58         violation; providing that the owner of a leased
   59         vehicle is not responsible for paying a traffic
   60         citation or submitting an affidavit; specifying a
   61         timeframe for a law enforcement agency to issue a
   62         notification under certain circumstances; requiring
   63         certain persons to issue an affidavit; providing a
   64         criminal penalty for submitting a false affidavit;
   65         providing that certain images or video are admissible
   66         in certain proceedings; providing a rebuttable
   67         presumption; providing construction; specifying
   68         requirements of and prohibitions on the use of
   69         recorded video and images captured by the school bus
   70         infraction detection system; requiring school
   71         districts to submit a report to the Department of
   72         Education; specifying requirements for such report;
   73         requiring the department to submit a summary report to
   74         the Governor and Legislature; requiring school bus
   75         infraction detection systems to meet the State Board
   76         of Education specifications; requiring the state board
   77         to establish certain specifications through rule by a
   78         specified date; authorizing the state board to adopt
   79         rules regarding student privacy; amending s. 318.14,
   80         F.S.; conforming provisions to changes made by the
   81         act; amending s. 318.18, F.S.; providing exceptions to
   82         penalties for violations enforced by a school bus
   83         infraction detection system; amending s. 322.27, F.S.;
   84         prohibiting points from being imposed against a driver
   85         license for certain infractions enforced by a school
   86         bus infraction detection system; prohibiting such
   87         infractions from being used to set motor vehicle
   88         insurance rates; amending ss. 316.306, 655.960, and
   89         1006.21, F.S.; conforming cross-references and
   90         provisions to changes made by the act; providing an
   91         effective date.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Present subsections (78) through (109) of section
   96  316.003, Florida Statutes, are redesignated as subsections (79)
   97  through (110), respectively, a new subsection (78) is added to
   98  that section, and subsection (64) of that section is amended, to
   99  read:
  100         316.003 Definitions.—The following words and phrases, when
  101  used in this chapter, shall have the meanings respectively
  102  ascribed to them in this section, except where the context
  103  otherwise requires:
  104         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
  105  in paragraph (88)(b) (87)(b), any privately owned way or place
  106  used for vehicular travel by the owner and those having express
  107  or implied permission from the owner, but not by other persons.
  108         (78)SCHOOL BUS INFRACTION DETECTION SYSTEM.-A camera
  109  system affixed to a school bus with two or more camera sensors
  110  or computers that produce a recorded video and two or more film
  111  or digital photographic still images for the purpose of
  112  documenting a motor vehicle being used or operated in a manner
  113  that allegedly violates s. 316.172(1)(a) or (b).
  114         Section 2. Section 316.173, Florida Statutes, is created to
  115  read:
  116         316.173 School bus infraction detection systems.—
  117         (1)(a) A school district may install and operate a school
  118  bus infraction detection system on a school bus for the purpose
  119  of enforcing s. 316.172(1)(a) and (b) as provided in and
  120  consistent with this section.
  121         (b) The school district may contract with a private vendor
  122  or manufacturer to install a school bus infraction detection
  123  system on any school bus within its fleet, whether owned,
  124  contracted, or leased, and for services including, but not
  125  limited to, the installation, operation, and maintenance of the
  126  system. The school district’s decision to install school bus
  127  infraction detection systems must be based solely on the need to
  128  increase public safety. An individual may not receive a
  129  commission from any revenue collected from violations detected
  130  through the use of a school bus infraction detection system. A
  131  private vendor or manufacturer may not receive a fee or
  132  remuneration based upon the number of violations detected
  133  through the use of a school bus infraction detection system.
  134         (c) The school district shall ensure that each school bus
  135  infraction detection system meets the requirements of subsection
  136  (18).
  137         (d) The school district shall enter into an interlocal
  138  agreement with one or more law enforcement agencies authorized
  139  to enforce violations of s. 316.172(1)(a) and (b) within the
  140  school district which jointly establishes the responsibilities
  141  of enforcement and the reimbursement of costs associated with
  142  school bus infraction detection systems, consistent with this
  143  section.
  144         (2)(a) On any school bus in which a school bus infraction
  145  detection system is installed and operational, the school
  146  district must post high-visibility reflective signage on the
  147  rear of the school bus which indicates the use of such system.
  148  The signage must be in the form of one or more signs or stickers
  149  and must contain the following elements in substantially the
  150  following form:
  151         1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
  152  WHEN RED LIGHTS FLASH.
  153         2. The words “CAMERA ENFORCED.
  154         3. A graphic symbol of a camera.
  155         (b) The signage must occupy at least 75 percent of the
  156  available space that does not contain signs or insignia that are
  157  required by other applicable laws or by the State Board of
  158  Education.
  159         (c) The sufficiency of signage or compliance with the
  160  signage requirements under this subsection may not be raised in
  161  a proceeding challenging a violation of s. 316.172(1)(a) or (b).
  162         (3) If a school district begins a school bus infraction
  163  detection system program and has never conducted such a program,
  164  the school district must make a public announcement and conduct
  165  a public awareness campaign of the proposed use of school bus
  166  infraction detection systems at least 30 days before commencing
  167  enforcement under the school bus infraction detection system
  168  program and notify the public of the specific date on which the
  169  program will commence. During the public awareness campaign,
  170  only a warning may be issued to the registered owner of the
  171  motor vehicle for a violation of s. 316.172(1)(a) or (b),
  172  enforced by a school bus infraction detection system, and a
  173  civil penalty may not be imposed under chapter 318.
  174         (4) Within 30 days after an alleged violation of s.
  175  316.172(1)(a) or (b) is captured by a school bus infraction
  176  detection system, the private vendor or manufacturer shall
  177  submit the following information to a law enforcement agency
  178  that has entered into an interlocal agreement with the school
  179  district pursuant to paragraph (1)(d) and has traffic infraction
  180  enforcement jurisdiction at the location where the alleged
  181  violation occurred:
  182         (a) A copy of the recorded video and images showing the
  183  motor vehicle allegedly violating s. 316.172(1)(a) or (b).
  184         (b) The motor vehicle’s license plate number and the state
  185  of issuance of the motor vehicle’s license plate.
  186         (c) The date, time, and location of the alleged violation.
  187         (5) Within 30 days after receiving the information required
  188  in subsection (4), the law enforcement agency, if it determines
  189  that the motor vehicle violated s. 316.172(1)(a) or (b), must
  190  send a notice of violation to the registered owner of the motor
  191  vehicle involved in the violation, specifying the remedies
  192  available under s. 318.14 and that the violator must pay the
  193  penalty under s. 318.18(5) or furnish an affidavit in accordance
  194  with subsection (10) within 30 days after the date of the
  195  notification of violation in order to avoid court fees, costs,
  196  and the issuance of a uniform traffic citation. The notification
  197  of violation must be sent by first-class mail and include all of
  198  the following:
  199         (a) A copy of the recorded image showing the motor vehicle
  200  involved in the violation, including an image showing the
  201  license plate of the motor vehicle.
  202         (b) The date, time, and location of the violation.
  203         (c) The amount of civil penalty, the date by which the
  204  penalty must be paid, and instructions on how to pay the civil
  205  penalty.
  206         (d) Instructions on how to request a hearing to contest
  207  liability or the notice of violation.
  208         (e) A notice that the owner has the right to review, in
  209  person or remotely, the images and video captured by the school
  210  bus infraction detection system which constitute a rebuttable
  211  presumption that the motor vehicle was used in violation of s.
  212  316.172(a) or (b).
  213         (f) The time when, and the place or website at which, the
  214  images or video captured may be examined and observed.
  215         (g) A warning that failure to pay the civil penalty or to
  216  contest liability within 30 days after the notice is mailed will
  217  result in the issuance of a uniform traffic citation.
  218         (6) If the registered owner or co-owner of the motor
  219  vehicle; the person identified as having care, custody, or
  220  control of the motor vehicle at the time of the violation; or an
  221  authorized representative of the owner, co-owner, or identified
  222  person initiates a proceeding to challenge the violation, such
  223  person waives any challenge or dispute as to the delivery of the
  224  notification of violation.
  225         (7) The civil penalties assessed for a violation of s.
  226  316.172(1)(a) or (b) enforced by a school bus infraction
  227  detection system must be remitted to the school district in
  228  which the violation occurred. Such civil penalties must be used
  229  for the installation or maintenance of school bus infraction
  230  detection systems on school buses, for any other technology that
  231  increases the safety of the transportation of students, or for
  232  the administration and costs associated with the enforcement of
  233  violations as described in this section.
  234         (8) A uniform traffic citation must be issued by mailing
  235  the uniform traffic citation by certified mail to the address of
  236  the registered owner of the motor vehicle involved in the
  237  violation if payment has not been made within 30 days after
  238  notification under subsection (5), if the registered owner has
  239  not requested a hearing under s. 318.14, or if the registered
  240  owner has not submitted an affidavit in accordance with
  241  subsection (10).
  242         (a) Delivery of the uniform traffic citation constitutes
  243  notification for a violation of s. 316.172(1)(a) or (b) under
  244  this subsection. If the registered owner or co-owner of the
  245  motor vehicle; the person identified as having care, custody, or
  246  control of the motor vehicle at the time of the violation; or a
  247  duly authorized representative of the owner, co-owner, or
  248  identified person initiates a proceeding to challenge the
  249  citation, such person waives any challenge or dispute as to
  250  delivery of the traffic citation.
  251         (b) In the case of joint ownership of a motor vehicle, the
  252  traffic citation must be mailed to the first name appearing on
  253  the motor vehicle registration, unless the first name appearing
  254  on the registration is a business or organization, in which case
  255  the second name on the citation may be used.
  256         (c) The uniform traffic citation mailed to the registered
  257  owner of the motor vehicle involved in the infraction must be
  258  accompanied by information described in paragraphs (5)(a)–(f).
  259         (9) The registered owner of the motor vehicle involved in
  260  the violation is responsible and liable for paying the uniform
  261  traffic citation issued for a violation of s. 316.172(1)(a) or
  262  (b) unless the owner can establish that:
  263         (a) The motor vehicle was, at the time of the violation, in
  264  the care, custody, or control of another person;
  265         (b) A uniform traffic citation was issued by law
  266  enforcement to the driver of the motor vehicle for the alleged
  267  violation of s. 316.172(1)(a) or (b); or
  268         (c) The motor vehicle’s owner was deceased on or before the
  269  date that the uniform traffic citation was issued, as
  270  established by an affidavit submitted by the representative of
  271  the motor vehicle owner’s estate or other designated person or
  272  family member.
  273         (10) To establish such facts under subsection (9), the
  274  registered owner of the motor vehicle shall, within 30 days
  275  after the date of issuance of the notice of violation or the
  276  uniform traffic citation, furnish to the law enforcement agency
  277  that issued the notice of violation or uniform traffic citation
  278  an affidavit setting forth information supporting an exception
  279  under subsection (9).
  280         (a) An affidavit supporting the exemption under paragraph
  281  (9)(a) must include the name, address, date of birth, and, if
  282  known, the driver license number of the person who leased,
  283  rented, or otherwise had care, custody, or control of the motor
  284  vehicle at the time of the alleged violation. If the motor
  285  vehicle was stolen at the time of the alleged violation, the
  286  affidavit must include the police report indicating that the
  287  motor vehicle was stolen.
  288         (b) If a uniform traffic citation for a violation of s.
  289  316.172(1)(a) or (b) was issued at the location of the violation
  290  by a law enforcement officer, the affidavit must include the
  291  serial number of the uniform traffic citation.
  292         (c) If the motor vehicle’s owner to whom a traffic citation
  293  has been issued is deceased, the affidavit must include a
  294  certified copy of the owner’s death certificate showing that the
  295  death occurred on or before the date of the issuance of the
  296  traffic citation and one of the following:
  297         1. A bill of sale or other document showing that the
  298  deceased owner’s motor vehicle was sold or transferred after his
  299  or her death but on or before the date of the alleged violation.
  300         2. Documented proof that the registered license plate
  301  belonging to the deceased owner’s motor vehicle was returned to
  302  the department or any branch office or authorized agent of the
  303  department after his or her death but on or before the date of
  304  the alleged violation.
  305         3. A copy of the police report showing that the deceased
  306  owner’s registered license plate or motor vehicle was stolen
  307  after his or her death but on or before the date of the alleged
  308  violation.
  309  
  310  Upon receipt of the affidavit and documentation required under
  311  paragraphs (b) and (c), or 30 days after the date of issuance of
  312  a notice of violation sent to a person identified as having
  313  care, custody, or control of the motor vehicle at the time of
  314  the violation under paragraph (a), the law enforcement agency
  315  must dismiss the notice or citation and provide proof of such
  316  dismissal to the person who submitted the affidavit. If, within
  317  30 days after the date of a notice of violation sent to a person
  318  under subsection (11), the law enforcement agency receives an
  319  affidavit under this subsection from the person who was sent a
  320  notice of violation affirming that the person did not have care,
  321  custody, or control of the motor vehicle at the time of the
  322  violation, the law enforcement agency must notify the registered
  323  owner that the notice or citation will not be dismissed due to
  324  failure to establish that another person had care, custody, or
  325  control of the motor vehicle at the time of the violation.
  326         (11) Upon receipt of an affidavit under paragraph (9)(a),
  327  the law enforcement agency may issue the person identified as
  328  having care, custody, or control of the motor vehicle at the
  329  time of the violation a notification of violation pursuant to
  330  subsection (5) for a violation of s. 316.172(1)(a) or (b). The
  331  affidavit is admissible in a proceeding pursuant to this section
  332  for the purpose of providing evidence that the person identified
  333  in the affidavit was in actual care, custody, or control of the
  334  motor vehicle. The owner of a leased motor vehicle for which a
  335  traffic citation is issued for a violation of s. 316.172(1)(a)
  336  or (b) is not responsible for paying the traffic citation and is
  337  not required to submit an affidavit as specified in subsection
  338  (10) if the motor vehicle involved in the violation is
  339  registered in the name of the lessee of such motor vehicle.
  340         (12)If a law enforcement agency receives an affidavit
  341  under paragraph (9)(a), the notification of violation required
  342  under subsection (5) must be sent to the person identified in
  343  the affidavit within 30 days after receipt of the affidavit. The
  344  person identified in an affidavit and sent a notice of violation
  345  may also affirm he or she did not have care, custody, or control
  346  of the motor vehicle at the time of the violation by furnishing
  347  to the appropriate governmental entity within 30 days after the
  348  date of the notice of violation an affidavit stating such.
  349         (13) The submission of a false affidavit is a misdemeanor
  350  of the second degree, punishable as provided in s. 775.082 or s.
  351  775.083.
  352         (14) The images and video captured by a school bus
  353  infraction detection system which are attached to or referenced
  354  in the traffic citation are evidence of a violation of s.
  355  316.172(1)(a) or (b) and are admissible in any proceeding to
  356  enforce this section. The images and video raise a rebuttable
  357  presumption that the motor vehicle shown in the images and video
  358  was used in violation of s. 316.172(1)(a) or (b).
  359         (15) This section supplements the enforcement of s.
  360  316.172(1)(a) and (b) by a law enforcement officer and does not
  361  prohibit a law enforcement officer from issuing a traffic
  362  citation for a violation of s. 316.172(1)(a) or (b).
  363         (16)(a)1.Notwithstanding any other law, equipment deployed
  364  as part of a school bus infraction detection system as provided
  365  under this section must be incapable of automated or user
  366  controlled remote surveillance by means of recorded video or
  367  still images.
  368         2. Images collected as part of the school bus infraction
  369  detection system may be used only to document violations of s.
  370  316.172(1)(a) or (b) and may not be used for any other
  371  surveillance purposes.
  372         3. To the extent practicable, a school bus infraction
  373  detection system must use necessary technology to ensure that
  374  personal identifying information contained in the recorded video
  375  or still images produced by the system which is not relevant to
  376  the alleged violation, including, but not limited to, the
  377  identity of the driver and any passenger of a motor vehicle, the
  378  interior or contents of a motor vehicle, the identity of an
  379  uninvolved person, a number identifying the address of a private
  380  residence, and the contents or interior of a private residence,
  381  is sufficiently obscured so as not to reveal such personal
  382  identifying information.
  383         4. A notice of a violation or uniform traffic citation
  384  issued under this section may not be dismissed solely because a
  385  recorded video or still images reveal personal identifying
  386  information as provided in subparagraph 3., as long as a
  387  reasonable effort has been made to comply with this subsection.
  388         (b) Any recorded video or still image obtained through the
  389  use of a school bus infraction detection system must be
  390  destroyed within 90 days after the final disposition of the
  391  recorded event. The vendor of a school bus infraction detection
  392  system shall provide the school district with written notice by
  393  December 31 of each year that such records have been destroyed
  394  in accordance with this section.
  395         (c) Notwithstanding any other law, registered motor vehicle
  396  owner information obtained as a result of the operation of a
  397  school bus infraction detection system is not the property of
  398  the manufacturer or vendor of the system and may be used only
  399  for the purposes of this section.
  400         (17)(a) By October 1, 2024, and annually thereafter, each
  401  school district, in consultation with the law enforcement
  402  agencies with which it has interlocal agreements pursuant to
  403  this section, operating a school bus infraction detection system
  404  shall provide a report to Department of Education which details
  405  the results of the school bus infraction detection systems in
  406  the school district in the preceding school year. The
  407  information submitted by the school districts must include:
  408         1. The number of buses which have a school bus infraction
  409  detection system installed, including the date of installation
  410  and, if applicable, the date the systems were removed.
  411         2. The number of notices of violation issued, the number
  412  that were contested, and the number that were paid per state
  413  fiscal year.
  414         3. Any other statistical data and information required by
  415  the Department of Education to complete the report required by
  416  paragraph (b).
  417         (b) By December 31, 2024, and annually thereafter, the
  418  Department of Education shall submit a summary report to the
  419  Governor, the President of the Senate, and the Speaker of the
  420  House of Representatives regarding the use and operation of
  421  school bus infraction detection systems under this section,
  422  along with the Department of Education’s recommendations on any
  423  necessary legislation. The summary report must include a review
  424  of the information submitted to the Department of Education by
  425  the school districts and must describe the enhancement of
  426  traffic safety and enforcement programs.
  427         (18) A school bus infraction detection system must meet
  428  specifications established by the State Board of Education and
  429  must be tested at regular intervals according to specifications
  430  prescribed by state board rule. The state board must establish
  431  such specifications by rule on or before December 31, 2023.
  432  However, any such equipment acquired by purchase, lease, or
  433  other arrangement under an agreement entered into by a school
  434  district on or before July 1, 2024, or equipment used to enforce
  435  violations of s. 316.172(1)(a) or (b) on or before July 1, 2024,
  436  is not required to meet the specifications established by the
  437  state board until July 1, 2024.
  438         (19)The State Board of Education may adopt rules to
  439  address student privacy concerns that may arise from the use of
  440  a school bus infraction detection system.
  441         Section 3. Subsection (2) of section 318.14, Florida
  442  Statutes, is amended to read:
  443         318.14 Noncriminal traffic infractions; exception;
  444  procedures.—
  445         (2) Except as provided in ss. 316.0083, 316.1001(2), and
  446  316.173 ss. 316.1001(2) and 316.0083, any person cited for a
  447  violation requiring a mandatory hearing listed in s. 318.19 or
  448  any other criminal traffic violation listed in chapter 316 must
  449  sign and accept a citation indicating a promise to appear. The
  450  officer may indicate on the traffic citation the time and
  451  location of the scheduled hearing and must indicate the
  452  applicable civil penalty established in s. 318.18. For all other
  453  infractions under this section, except for infractions under s.
  454  316.1001, the officer must certify by electronic, electronic
  455  facsimile, or written signature that the citation was delivered
  456  to the person cited. This certification is prima facie evidence
  457  that the person cited was served with the citation.
  458         Section 4. Subsection (5) of section 318.18, Florida
  459  Statutes, is amended to read:
  460         318.18 Amount of penalties.—The penalties required for a
  461  noncriminal disposition pursuant to s. 318.14 or a criminal
  462  offense listed in s. 318.17 are as follows:
  463         (5)(a) Two hundred dollars for a violation of s.
  464  316.172(1)(a), failure to stop for a school bus. If, at a
  465  hearing, the alleged offender is found to have committed this
  466  offense, the court must shall impose a minimum civil penalty of
  467  $200. In addition to this penalty, for a second or subsequent
  468  offense within a period of 5 years, the department shall suspend
  469  the driver license of the person for not less than 180 days and
  470  not more than 1 year.
  471         (b) Four hundred dollars for a violation of s.
  472  316.172(1)(b), passing a school bus on the side that children
  473  enter and exit when the school bus displays a stop signal. If,
  474  at a hearing, the alleged offender is found to have committed
  475  this offense, the court must shall impose a minimum civil
  476  penalty of $400. In addition to this penalty, for a second or
  477  subsequent offense within a period of 5 years, the department
  478  shall suspend the driver license of the person for not less than
  479  360 days and not more than 2 years. If a violation of s.
  480  316.172(1)(b) is enforced by a school bus infraction detection
  481  system pursuant to s. 316.173, the penalty under this paragraph
  482  is $200, in lieu of the $400 penalty, and a court must impose a
  483  minimum civil penalty under this paragraph of $200, in lieu of
  484  the $400 minimum civil penalty.
  485         (c) In addition to the penalty under paragraph (a) or
  486  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  487  If the alleged offender is found to have committed the offense,
  488  the court must shall impose the civil penalty under paragraph
  489  (a) or paragraph (b) plus an additional $65. The additional $65
  490  collected under this paragraph must shall be remitted to the
  491  Department of Revenue for deposit into the Emergency Medical
  492  Services Trust Fund of the Department of Health to be used as
  493  provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
  494  (b) is enforced by a school bus infraction detection system
  495  pursuant to s. 316.173, the fee imposed on the citation or by
  496  the court under this paragraph is $25, in lieu of the $65 fee,
  497  which must be dedicated to the safe schools allocation provided
  498  to school districts by the Department of Education pursuant to
  499  s. 1011.62(12).
  500         (d) Notwithstanding any other provision of law to the
  501  contrary, $1,500 for a violation of s. 316.172(1)(a) or (b) that
  502  causes or results in serious bodily injury to or death of
  503  another. The person may enter into a payment plan with the clerk
  504  of court pursuant to s. 28.246. In addition to this penalty, the
  505  department shall suspend the driver license of the person for
  506  not less than 1 year.
  507         Section 5. Paragraph (d) of subsection (3) of section
  508  322.27, Florida Statutes, is amended to read:
  509         322.27 Authority of department to suspend or revoke driver
  510  license or identification card.—
  511         (3) There is established a point system for evaluation of
  512  convictions of violations of motor vehicle laws or ordinances,
  513  and violations of applicable provisions of s. 403.413(6)(b) when
  514  such violations involve the use of motor vehicles, for the
  515  determination of the continuing qualification of any person to
  516  operate a motor vehicle. The department is authorized to suspend
  517  the license of any person upon showing of its records or other
  518  good and sufficient evidence that the licensee has been
  519  convicted of violation of motor vehicle laws or ordinances, or
  520  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  521  more points as determined by the point system. The suspension
  522  shall be for a period of not more than 1 year.
  523         (d) The point system is shall have as its basic element a
  524  graduated scale of points assigning relative values to
  525  convictions of the following violations:
  526         1. Reckless driving, willful and wanton—4 points.
  527         2. Leaving the scene of a crash resulting in property
  528  damage of more than $50—6 points.
  529         3. Unlawful speed, or unlawful use of a wireless
  530  communications device, resulting in a crash—6 points.
  531         4. Passing a stopped school bus:
  532         a. Not causing or resulting in serious bodily injury to or
  533  death of another—4 points.
  534         b. Causing or resulting in serious bodily injury to or
  535  death of another—6 points.
  536         c. Points may not be imposed for a violation of passing a
  537  stopped school bus when enforced by a school bus infraction
  538  detection system. In addition, a violation of s. 316.172(1)(a)
  539  or (b) when enforced by a school bus infraction detection system
  540  pursuant to s. 316.173 may not be used for purposes of setting
  541  motor vehicle insurance rates.
  542         5. Unlawful speed:
  543         a. Not in excess of 15 miles per hour of lawful or posted
  544  speed—3 points.
  545         b. In excess of 15 miles per hour of lawful or posted
  546  speed—4 points.
  547         6. A violation of a traffic control signal device as
  548  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  549  However, no points may not shall be imposed for a violation of
  550  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  551  stop at a traffic signal and when enforced by a traffic
  552  infraction enforcement officer. In addition, a violation of s.
  553  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  554  stop at a traffic signal and when enforced by a traffic
  555  infraction enforcement officer may not be used for purposes of
  556  setting motor vehicle insurance rates.
  557         7. All other moving violations (including parking on a
  558  highway outside the limits of a municipality)—3 points. However,
  559  no points may not shall be imposed for a violation of s.
  560  316.0741 or s. 316.2065(11); and points may shall be imposed for
  561  a violation of s. 316.1001 only when imposed by the court after
  562  a hearing pursuant to s. 318.14(5).
  563         8. Any moving violation covered in this paragraph,
  564  excluding unlawful speed and unlawful use of a wireless
  565  communications device, resulting in a crash—4 points.
  566         9. Any conviction under s. 403.413(6)(b)—3 points.
  567         10. Any conviction under s. 316.0775(2)—4 points.
  568         11. A moving violation covered in this paragraph which is
  569  committed in conjunction with the unlawful use of a wireless
  570  communications device within a school safety zone—2 points, in
  571  addition to the points assigned for the moving violation.
  572         Section 6. Paragraph (a) of subsection (3) of section
  573  316.306, Florida Statutes, is amended to read:
  574         316.306 School and work zones; prohibition on the use of a
  575  wireless communications device in a handheld manner.—
  576         (3)(a)1. A person may not operate a motor vehicle while
  577  using a wireless communications device in a handheld manner in a
  578  designated school crossing, school zone, or work zone area as
  579  defined in s. 316.003(110) s. 316.003(109). This subparagraph
  580  shall only be applicable to work zone areas if construction
  581  personnel are present or are operating equipment on the road or
  582  immediately adjacent to the work zone area. For the purposes of
  583  this paragraph, a motor vehicle that is stationary is not being
  584  operated and is not subject to the prohibition in this
  585  paragraph.
  586         2. Effective January 1, 2020, a law enforcement officer may
  587  stop motor vehicles and issue citations to persons who are
  588  driving while using a wireless communications device in a
  589  handheld manner in violation of subparagraph 1.
  590         Section 7. Subsection (1) of section 655.960, Florida
  591  Statutes, is amended to read:
  592         655.960 Definitions; ss. 655.960-655.965.—As used in this
  593  section and ss. 655.961-655.965, unless the context otherwise
  594  requires:
  595         (1) “Access area” means any paved walkway or sidewalk which
  596  is within 50 feet of any automated teller machine. The term does
  597  not include any street or highway open to the use of the public,
  598  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  599  including any adjacent sidewalk, as defined in s. 316.003.
  600         Section 8. Paragraph (h) is added to subsection (3) of
  601  section 1006.21, Florida Statutes, to read:
  602         1006.21 Duties of district school superintendent and
  603  district school board regarding transportation.—
  604         (3) District school boards, after considering
  605  recommendations of the district school superintendent:
  606         (h) May install and operate, or enter into an agreement
  607  with a private vendor or manufacturer to provide, a school bus
  608  infraction detection system pursuant to s. 316.173.
  609         Section 9. This act shall take effect July 1, 2023.