Florida Senate - 2023                       CS for CS for SB 766
       
       
        
       By the Committees on Fiscal Policy; and Transportation; and
       Senators Burgess and Berman
       
       
       
       
       594-04287-23                                           2023766c2
    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         school districts that install a school bus infraction
   18         detection system to ensure that each such system meets
   19         certain requirements; requiring such school districts
   20         to enter into interlocal agreements with law
   21         enforcement agencies to enforce violations; providing
   22         signage requirements; prohibiting the sufficiency of
   23         signage from being raised in certain proceedings;
   24         requiring such school districts to provide certain
   25         notice to the public; requiring that school districts
   26         that never have conducted a school bus infraction
   27         detection system program conduct a public awareness
   28         campaign before commencing enforcement of such a
   29         system; limiting penalties in effect during the public
   30         awareness campaign; requiring the vendor or
   31         manufacturer to submit information regarding alleged
   32         violations within a specified period of time;
   33         providing requirements for such submissions; providing
   34         notification requirements for challenges or disputes
   35         as to the delivery of a notice of violation; providing
   36         for the distribution and use of funds; providing
   37         requirements for issuance of a uniform traffic
   38         citations; providing for waiver of challenge or
   39         dispute as to the delivery of such citations;
   40         providing notification requirements and procedures;
   41         specifying that the registered owner of a motor
   42         vehicle is responsible and liable for paying a uniform
   43         traffic citation; providing exceptions; requiring the
   44         registered owner of a motor vehicle to furnish an
   45         affidavit under certain circumstances; specifying
   46         requirements for such affidavit; requiring the law
   47         enforcement agency to dismiss a notice of violation
   48         and provide proof of such dismissal under certain
   49         circumstances; requiring the law enforcement agency to
   50         notify the registered owner that the notice or
   51         citation will not be dismissed under certain
   52         circumstances; authorizing the law enforcement agency
   53         to issue a certain person a notification of violation;
   54         providing that the affidavit is admissible in a
   55         proceeding for the purpose of proving who was
   56         operating the motor vehicle at the time of the
   57         violation; providing that the owner of a leased
   58         vehicle is not responsible for paying a traffic
   59         citation or submitting an affidavit; specifying a
   60         timeframe for a law enforcement agency to issue a
   61         notification under certain circumstances; providing a
   62         criminal penalty for submitting a false affidavit;
   63         providing that certain recorded video and images are
   64         admissible in certain proceedings; providing a
   65         rebuttable presumption; providing construction;
   66         specifying requirements of and prohibitions on the use
   67         of video and images recorded by the school bus
   68         infraction detection system; requiring school
   69         districts that install a school bus infraction
   70         detection system submit a quarterly report to the
   71         Department of Highway Safety and Motor Vehicles;
   72         requiring each such school district to maintain
   73         certain data for a specified time; requiring the
   74         department to submit an annual summary report to the
   75         Governor and Legislature; requiring that school bus
   76         infraction detection systems meet State Board of
   77         Education specifications; requiring the state board to
   78         establish certain specifications by rule by a
   79         specified date; providing that certain equipment is
   80         not required to meet the state board specifications;
   81         authorizing the state board to adopt rules regarding
   82         student privacy; amending s. 318.14, F.S.; conforming
   83         provisions to changes made by the act; amending s.
   84         318.18, F.S.; providing civil penalties for school bus
   85         passing violations enforced by a school bus infraction
   86         detection system; providing for distribution of a
   87         certain portion thereof; providing conditions under
   88         which a case may be dismissed; amending s. 322.27,
   89         F.S.; prohibiting points from being imposed against a
   90         driver license for certain infractions enforced by a
   91         school bus infraction detection system; prohibiting
   92         such infractions from being used to set motor vehicle
   93         insurance rates; amending ss. 316.306, 655.960, and
   94         1006.21, F.S.; conforming cross-references and
   95         provisions to changes made by the act; providing an
   96         effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Present subsections (78) through (109) of section
  101  316.003, Florida Statutes, are redesignated as subsections (79)
  102  through (110), respectively, a new subsection (78) is added to
  103  that section, and subsection (64) of that section is amended, to
  104  read:
  105         316.003 Definitions.—The following words and phrases, when
  106  used in this chapter, shall have the meanings respectively
  107  ascribed to them in this section, except where the context
  108  otherwise requires:
  109         (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
  110  in paragraph (88)(b) (87)(b), any privately owned way or place
  111  used for vehicular travel by the owner and those having express
  112  or implied permission from the owner, but not by other persons.
  113         (78)SCHOOL BUS INFRACTION DETECTION SYSTEM.-A camera
  114  system affixed to a school bus with two or more camera sensors
  115  or computers that produce a recorded video and two or more film
  116  or digital photographic still images for the purpose of
  117  documenting a motor vehicle being used or operated in a manner
  118  that allegedly violates s. 316.172(1)(a) or (b).
  119         Section 2. Section 316.173, Florida Statutes, is created to
  120  read:
  121         316.173 School bus infraction detection systems.—
  122         (1)(a) A school district may install and operate a school
  123  bus infraction detection system on a school bus for the purpose
  124  of enforcing s. 316.172(1)(a) and (b) as provided in and
  125  consistent with this section.
  126         (b) The school district may contract with a private vendor
  127  or manufacturer to install a school bus infraction detection
  128  system on any school bus within its fleet, whether owned,
  129  contracted, or leased, and for services including, but not
  130  limited to, the installation, operation, and maintenance of the
  131  system. The school district’s decision to install school bus
  132  infraction detection systems must be based solely on the need to
  133  increase public safety. An individual may not receive a
  134  commission from any revenue collected from violations detected
  135  through the use of a school bus infraction detection system. A
  136  private vendor or manufacturer may not receive a fee or
  137  remuneration based upon the number of violations detected
  138  through the use of a school bus infraction detection system.
  139         (c)The school district must ensure that each school bus
  140  infraction detection system meets the requirements of subsection
  141  (18).
  142         (d)The school district must enter into an interlocal
  143  agreement with one or more law enforcement agencies authorized
  144  to enforce violations of s. 316.172(1)(a) and (b) within the
  145  school district which jointly establishes the responsibilities
  146  of enforcement and the reimbursement of costs associated with
  147  school bus infraction detection systems consistent with this
  148  section.
  149         (2)(a)The school district must post high-visibility
  150  reflective signage on the rear of each school bus in which a
  151  school bus infraction detection system is installed and
  152  operational which indicates the use of such system. The signage
  153  must be in the form of one or more signs or stickers and must
  154  contain the following elements in substantially the following
  155  form:
  156         1.The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
  157  WHEN RED LIGHTS FLASH.”
  158         2.The words “CAMERA ENFORCED.”
  159         3.A graphic depiction of a camera.
  160         (b)The signage must occupy at least 75 percent of the
  161  available space that does not contain signs or insignia that are
  162  required by other applicable law or by the State Board of
  163  Education.
  164         (c)The sufficiency of signage or compliance with the
  165  signage requirements under this subsection may not be raised in
  166  a proceeding challenging a violation of s. 316.172(1)(a) or (b).
  167         (3)If a school district that has never conducted a school
  168  bus infraction detection system program begins such a program,
  169  the school district must make a public announcement and conduct
  170  a public awareness campaign of the proposed use of school bus
  171  infraction detection systems at least 30 days before commencing
  172  enforcement under the school bus infraction detection system
  173  program and notify the public of the specific date on which the
  174  program will commence. During the 30-day public awareness
  175  campaign, only a warning may be issued to the registered owner
  176  of a motor vehicle for a violation of s. 316.172(1)(a) or (b)
  177  enforced by a school bus infraction detection system, and a
  178  civil penalty may not be imposed under chapter 318.
  179         (4)Within 30 days after an alleged violation of s.
  180  316.172(1)(a) or (b) is recorded by a school bus infraction
  181  detection system, the school district or the private vendor or
  182  manufacturer under paragraph (1)(b) must submit the following
  183  information to a law enforcement agency that has entered into an
  184  interlocal agreement with the school district pursuant to
  185  paragraph (1)(d) and has traffic infraction enforcement
  186  jurisdiction at the location where the alleged violation
  187  occurred:
  188         (a)A copy of the recorded video and images showing the
  189  motor vehicle allegedly violating s. 316.172(1)(a) or (b).
  190         (b)The motor vehicle’s license plate number and the state
  191  of issuance of the motor vehicle’s license plate.
  192         (c)The date, time, and location of the alleged violation.
  193         (5)Within 30 days after receiving the information required
  194  in subsection (4), the law enforcement agency, if it determines
  195  that the motor vehicle violated s. 316.172(1)(a) or (b), must
  196  send notice of violation to the registered owner of the motor
  197  vehicle involved in the violation specifying the remedies
  198  available under s. 318.14 and that the violator must pay the
  199  penalty under s. 318.18(5) or furnish an affidavit in accordance
  200  with subsection (10) within 30 days after the notice of
  201  violation is sent in order to avoid court fees, costs, and the
  202  issuance of a uniform traffic citation. The notice of violation
  203  must be sent by first-class mail and include all of the
  204  following:
  205         (a)A copy of one or more recorded images showing the motor
  206  vehicle involved in the violation, including an image showing
  207  the license plate of the motor vehicle.
  208         (b)The date, time, and location of the violation.
  209         (c)The amount of the civil penalty, the date by which the
  210  civil penalty must be paid, and instructions on how to pay the
  211  civil penalty.
  212         (d)Instructions on how to request a hearing to contest
  213  liability or the notice of violation.
  214         (e)A notice that the owner has the right to review, in
  215  person or remotely, the video and images recorded by the school
  216  bus infraction detection system which constitute a rebuttable
  217  presumption that the motor vehicle was used in violation of s.
  218  316.172(1)(a) or (b).
  219         (f)The time when, and the place or website at which, the
  220  recorded video and images may be examined and observed.
  221         (g)A warning that failure to pay the civil penalty or to
  222  contest liability within 30 days after the notice is sent will
  223  result in the issuance of a uniform traffic citation.
  224         (6)If the registered owner or co-owner of the motor
  225  vehicle; the person identified as having care, custody, or
  226  control of the motor vehicle at the time of the violation; or an
  227  authorized representative of the owner, co-owner, or identified
  228  person initiates a proceeding to challenge the violation, such
  229  person waives any challenge or dispute as to the delivery of the
  230  notice of violation.
  231         (7)The civil penalties assessed and collected for a
  232  violation of s. 316.172(1)(a) or (b) enforced by a school bus
  233  infraction detection system must be remitted to the school
  234  district in which the violation occurred. Such civil penalties
  235  must be used for the installation or maintenance of school bus
  236  infraction detection systems on school buses, for any other
  237  technology that increases the safety of the transportation of
  238  students, or for the administration and costs associated with
  239  the enforcement of violations as described in this section.
  240         (8)A uniform traffic citation must be issued by mailing
  241  the uniform traffic citation by certified mail to the address of
  242  the registered owner of the motor vehicle involved in the
  243  violation if payment has not been made within 30 days after
  244  notification under subsection (5) and if the registered owner
  245  has not submitted an affidavit in accordance with subsection
  246  (10).
  247         (a)Delivery of the uniform traffic citation constitutes
  248  notification of a violation under this subsection. If the
  249  registered owner or co-owner of the motor vehicle; the person
  250  identified as having care, custody, or control of the motor
  251  vehicle at the time of the violation; or a duly authorized
  252  representative of the owner, co-owner, or identified person
  253  initiates a proceeding to challenge the citation, such person
  254  waives any challenge or dispute as to the delivery of the
  255  uniform traffic citation.
  256         (b)In the case of joint ownership of a motor vehicle, the
  257  uniform traffic citation must be mailed to the first name
  258  appearing on the motor vehicle registration, unless the first
  259  name appearing on the registration is a business organization,
  260  in which case the second name appearing on the registration may
  261  be used.
  262         (c)The uniform traffic citation mailed to the registered
  263  owner of the motor vehicle involved in the violation must be
  264  accompanied by information described in paragraphs (5)(a)-(f).
  265         (9)The registered owner of the motor vehicle involved in
  266  the violation is responsible and liable for paying the uniform
  267  traffic citation issued for a violation of s. 316.172(1)(a) or
  268  (b) unless the owner can establish that:
  269         (a)The motor vehicle was, at the time of the violation, in
  270  the care, custody, or control of another person;
  271         (b)A uniform traffic citation was issued by a law
  272  enforcement officer to the driver of the motor vehicle for the
  273  alleged violation of s. 316.172(1)(a) or (b); or
  274         (c)The motor vehicle’s owner was deceased on or before the
  275  date of the alleged violation, as established by an affidavit
  276  submitted by the representative of the motor vehicle owner’s
  277  estate or other identified person or family member.
  278         (10)To establish such facts under subsection (9), the
  279  registered owner of the motor vehicle must, within 30 days after
  280  the date of issuance of the notice of violation or the uniform
  281  traffic citation, furnish to the law enforcement agency that
  282  issued the notice of violation or uniform traffic citation an
  283  affidavit setting forth information supporting an exception
  284  under subsection (9).
  285         (a)An affidavit supporting the exception under paragraph
  286  (9)(a) must include the name, address, date of birth, and, if
  287  known, the driver license number of the person who leased,
  288  rented, or otherwise had care, custody, or control of the motor
  289  vehicle at the time of the alleged violation. If the motor
  290  vehicle was stolen at the time of the alleged violation, the
  291  affidavit must include the police report indicating that the
  292  motor vehicle was stolen.
  293         (b)If a uniform traffic citation for a violation of s.
  294  316.172(1)(a) or (b) was issued at the location of the violation
  295  by a law enforcement officer, the affidavit must include the
  296  serial number of the uniform traffic citation.
  297         (c)If the motor vehicle’s owner to whom a notice of
  298  violation or a uniform traffic citation has been issued is
  299  deceased, the affidavit must include a certified copy of the
  300  owner’s death certificate showing that the date of death
  301  occurred on or before the date of the alleged violation and one
  302  of the following:
  303         1.A bill of sale or other document showing that the
  304  deceased owner’s motor vehicle was sold or transferred after his
  305  or her death but on or before the date of the alleged violation.
  306         2.Documented proof that the registered license plate
  307  belonging to the deceased owner’s motor vehicle was returned to
  308  the department or any branch office or authorized agent of the
  309  department after his or her death but on or before the date of
  310  the alleged violation.
  311         3.A copy of the police report showing that the deceased
  312  owner’s registered license plate or motor vehicle was stolen
  313  after his or her death but on or before the date of the alleged
  314  violation.
  315  
  316  Upon receipt of the affidavit and documentation required under
  317  paragraphs (b) and (c), or 30 days after the date of issuance of
  318  a notice of violation sent to a person identified as having
  319  care, custody, or control of the motor vehicle at the time of
  320  the violation under paragraph (a), the law enforcement agency
  321  must dismiss the notice or citation and provide proof of such
  322  dismissal to the person who submitted the affidavit. If, within
  323  30 days after the date of a notice of violation sent to a person
  324  under subsection (11), the law enforcement agency receives an
  325  affidavit under subsection (12) from the person who was sent a
  326  notice of violation affirming that the person did not have care,
  327  custody, or control of the motor vehicle at the time of the
  328  violation, the law enforcement agency must notify the registered
  329  owner that the notice or citation will not be dismissed due to
  330  failure to establish that another person had care, custody, or
  331  control of the motor vehicle at the time of the violation.
  332         (11)Upon receipt of an affidavit under paragraph (9)(a),
  333  the law enforcement agency may issue the person identified as
  334  having care, custody, or control of the motor vehicle at the
  335  time of the violation a notice of violation pursuant to
  336  subsection (5) for a violation of s. 316.172(1)(a) or (b). The
  337  affidavit is admissible in a proceeding pursuant to this section
  338  for the purpose of providing evidence that the person identified
  339  in the affidavit was in actual care, custody, or control of the
  340  motor vehicle. The owner of a leased motor vehicle for which a
  341  uniform traffic citation is issued for a violation of s.
  342  316.172(1)(a) or (b) is not responsible for paying the uniform
  343  traffic citation and is not required to submit an affidavit as
  344  specified in subsection (10) if the motor vehicle involved in
  345  the violation is registered in the name of the lessee of such
  346  motor vehicle.
  347         (12)If a law enforcement agency receives an affidavit
  348  under paragraph (9)(a), the notice of violation required under
  349  subsection (5) must be sent to the person identified in the
  350  affidavit within 30 days after receipt of the affidavit. The
  351  person identified in an affidavit and sent a notice of violation
  352  may also affirm he or she did not have care, custody, or control
  353  of the motor vehicle at the time of the violation by furnishing
  354  to the appropriate law enforcement agency within 30 days after
  355  the date of the notice of violation an affidavit stating such.
  356         (13)The submission of a false affidavit is a misdemeanor
  357  of the second degree, punishable as provided in s. 775.082 or s.
  358  775.083.
  359         (14)The video and images recorded by a school bus
  360  infraction detection system which are attached to or referenced
  361  in the uniform traffic citation are evidence of a violation of
  362  s. 316.172(1)(a) or (b) and are admissible in any proceeding to
  363  enforce this section. The recorded video and images raise a
  364  rebuttable presumption that the motor vehicle shown in the
  365  recorded video and images was used in violation of s.
  366  316.172(1)(a) or (b).
  367         (15)This section supplements the enforcement of s.
  368  316.172(1)(a) and (b) by a law enforcement officer and does not
  369  prohibit a law enforcement officer from issuing a uniform
  370  traffic citation for a violation of s. 316.172(1)(a) or (b).
  371         (16)(a)1.Notwithstanding any other law, equipment deployed
  372  as part of a school bus infraction detection system as provided
  373  under this section may not be capable of automated or user
  374  controlled remote surveillance.
  375         2.Video and images recorded as part of the school bus
  376  infraction detection system may only be used to document
  377  violations of s. 316.172(1)(a) and (b) and may not be used for
  378  any other surveillance purposes.
  379         3.To the extent practicable, a school bus infraction
  380  detection system must use necessary technology to ensure that
  381  personal identifying information contained in the video or still
  382  images recorded by the system which is not relevant to the
  383  alleged violation, including, but not limited to, the identity
  384  of the driver and any passenger of a motor vehicle, the interior
  385  or contents of a motor vehicle, the identity of an uninvolved
  386  person, a number identifying the address of a private residence,
  387  and the contents or interior of a private residence, is
  388  sufficiently obscured so as not to reveal such personal
  389  identifying information.
  390         4.A notice of a violation or uniform traffic citation
  391  issued under this section may not be dismissed solely because a
  392  recorded video or still images reveal personal identifying
  393  information as provided in subparagraph 3. as long as a
  394  reasonable effort has been made to comply with this subsection.
  395         (b)Any recorded video or still image obtained through the
  396  use of a school bus infraction detection system must be
  397  destroyed within 90 days after the final disposition of the
  398  recorded event. The vendor of the school bus infraction
  399  detection system must provide the school district with written
  400  notice by December 31 of each year that such records have been
  401  destroyed in accordance with this section.
  402         (c)Notwithstanding any other law, registered motor vehicle
  403  owner information obtained as a result of the operation of a
  404  school bus infraction detection system is not the property of
  405  the manufacturer or vendor of the system and may be used only
  406  for the purposes of this section.
  407         (17)(a)By October 1, 2023, and quarterly thereafter, each
  408  school district, in consultation with the law enforcement
  409  agencies with which it has interlocal agreements pursuant to
  410  this section, operating a school bus infraction detection system
  411  must submit a report to the department which details the results
  412  of the school bus infraction detection systems in the school
  413  district in the preceding quarter. The information from the
  414  school districts must be submitted in a form and manner
  415  determined by the department, which the department must make
  416  available to the school districts by August 1, 2023, and must
  417  include at least the following:
  418         1.The number of school buses that have a school bus
  419  infraction detection system installed, including the date of
  420  installation and, if applicable, the date the systems were
  421  removed.
  422         2.The number of notices of violations issued, the number
  423  that were contested, the number that were upheld, the number
  424  that were dismissed, the number that were issued as uniform
  425  traffic citations, and the number that were paid.
  426         3.Data for each infraction to determine locations in need
  427  of safety improvements. Such data must include, but is not
  428  limited to, global positioning system coordinates of the
  429  infraction, the date and time of the infraction, and the name of
  430  the school that the school bus was transporting students to or
  431  from.
  432         4.Any other statistical data and information required by
  433  the department to complete the report required by paragraph (c).
  434         (b)Each school district that operates a school bus
  435  infraction detection system is responsible for and must maintain
  436  its respective data for reporting purposes under this subsection
  437  for at least 2 years after such data is reported to the
  438  department.
  439         (c)On or before December 31, 2024, and annually
  440  thereafter, the department shall submit a summary report to the
  441  Governor, the President of the Senate, and the Speaker of the
  442  House of Representatives regarding the use and operation of
  443  school bus infraction detection systems under this section,
  444  along with the department’s recommendations and any recommended
  445  legislation. The summary report must include a review of the
  446  information submitted to the department by the school districts
  447  and must describe the enhancement of traffic safety and
  448  enforcement programs.
  449         (18)A school bus infraction detection system must meet
  450  specifications established by the State Board of Education and
  451  must be tested at regular intervals according to specifications
  452  prescribed by state board rule. The state board must establish
  453  such specifications by rule on or before December 31, 2023.
  454  However, any such equipment acquired by purchase, lease, or
  455  other arrangement under an agreement entered into by a school
  456  district on or before December 31, 2023, is not required to meet
  457  the specifications established by the state board until July 1,
  458  2024.
  459         (19)The State Board of Education may adopt rules to
  460  address student privacy concerns that may arise from the use of
  461  a school bus infraction detection system.
  462         Section 3. Subsection (2) of section 318.14, Florida
  463  Statutes, is amended to read:
  464         318.14 Noncriminal traffic infractions; exception;
  465  procedures.—
  466         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  467  and 316.173, any person cited for a violation requiring a
  468  mandatory hearing listed in s. 318.19 or any other criminal
  469  traffic violation listed in chapter 316 must sign and accept a
  470  citation indicating a promise to appear. The officer may
  471  indicate on the traffic citation the time and location of the
  472  scheduled hearing and must indicate the applicable civil penalty
  473  established in s. 318.18. For all other infractions under this
  474  section, except for infractions under s. 316.1001, the officer
  475  must certify by electronic, electronic facsimile, or written
  476  signature that the citation was delivered to the person cited.
  477  This certification is prima facie evidence that the person cited
  478  was served with the citation.
  479         Section 4. Paragraphs (b) and (c) of subsection (5) of
  480  section 318.18, Florida Statutes, are amended, and paragraph (e)
  481  is added to that subsection, to read:
  482         318.18 Amount of penalties.—The penalties required for a
  483  noncriminal disposition pursuant to s. 318.14 or a criminal
  484  offense listed in s. 318.17 are as follows:
  485         (5)
  486         (b)1. Four hundred dollars for a violation of s.
  487  316.172(1)(b), passing a school bus on the side that children
  488  enter and exit when the school bus displays a stop signal. If,
  489  at a hearing, the alleged offender is found to have committed
  490  this offense, the court shall impose a minimum civil penalty of
  491  $400.
  492         2.If a violation of s. 316.172(1)(b) is enforced by a
  493  school bus infraction detection system pursuant to s. 316.173,
  494  the penalty under this paragraph is $200. If, at a hearing, the
  495  alleged offender is found to have committed this offense, the
  496  court must impose a minimum civil penalty of $200.
  497         3. In addition to this penalty, for a second or subsequent
  498  offense within a period of 5 years, the department shall suspend
  499  the driver license of the person for not less than 360 days and
  500  not more than 2 years.
  501         (c) In addition to the penalty under paragraph (a) or
  502  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  503  If the alleged offender is found to have committed the offense,
  504  the court shall impose the civil penalty under paragraph (a) or
  505  paragraph (b) plus an additional $65. The additional $65
  506  collected under this paragraph shall be remitted to the
  507  Department of Revenue for deposit into the Emergency Medical
  508  Services Trust Fund of the Department of Health to be used as
  509  provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
  510  (b) is enforced by a school bus infraction detection system
  511  pursuant to s. 316.173, the additional amount imposed on the
  512  uniform traffic citation or by the court under this paragraph
  513  must be $25, in lieu of the additional $65, and must be
  514  dedicated to the safe schools allocation provided to school
  515  districts by the Department of Education pursuant to s.
  516  1011.62(12).
  517         (e)If a person who is mailed a uniform traffic citation
  518  for a violation of s. 316.172(1)(a) or (b), as enforced by a
  519  school bus infraction detection system under s. 316.173,
  520  presents documentation from the appropriate law enforcement
  521  agency that the traffic citation was in error, the clerk of
  522  court may dismiss the case. The clerk of court may not charge
  523  for this service.
  524         Section 5. Paragraph (d) of subsection (3) of section
  525  322.27, Florida Statutes, is amended to read:
  526         322.27 Authority of department to suspend or revoke driver
  527  license or identification card.—
  528         (3) There is established a point system for evaluation of
  529  convictions of violations of motor vehicle laws or ordinances,
  530  and violations of applicable provisions of s. 403.413(6)(b) when
  531  such violations involve the use of motor vehicles, for the
  532  determination of the continuing qualification of any person to
  533  operate a motor vehicle. The department is authorized to suspend
  534  the license of any person upon showing of its records or other
  535  good and sufficient evidence that the licensee has been
  536  convicted of violation of motor vehicle laws or ordinances, or
  537  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  538  more points as determined by the point system. The suspension
  539  shall be for a period of not more than 1 year.
  540         (d) The point system shall have as its basic element a
  541  graduated scale of points assigning relative values to
  542  convictions of the following violations:
  543         1. Reckless driving, willful and wanton—4 points.
  544         2. Leaving the scene of a crash resulting in property
  545  damage of more than $50—6 points.
  546         3. Unlawful speed, or unlawful use of a wireless
  547  communications device, resulting in a crash—6 points.
  548         4. Passing a stopped school bus:
  549         a. Not causing or resulting in serious bodily injury to or
  550  death of another—4 points.
  551         b. Causing or resulting in serious bodily injury to or
  552  death of another—6 points.
  553         c.Points may not be imposed for a violation of passing a
  554  stopped school bus as provided in s. 316.172(1)(a) or (b) when
  555  enforced by a school bus infraction detection system pursuant s.
  556  316.173. In addition, a violation of s. 316.172(1)(a) or (b)
  557  when enforced by a school bus infraction detection system
  558  pursuant to s. 316.173 may not be used for purposes of setting
  559  motor vehicle insurance rates.
  560         5. Unlawful speed:
  561         a. Not in excess of 15 miles per hour of lawful or posted
  562  speed—3 points.
  563         b. In excess of 15 miles per hour of lawful or posted
  564  speed—4 points.
  565         6. A violation of a traffic control signal device as
  566  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  567  However, no points may not shall be imposed for a violation of
  568  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  569  stop at a traffic signal and when enforced by a traffic
  570  infraction enforcement officer. In addition, a violation of s.
  571  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  572  stop at a traffic signal and when enforced by a traffic
  573  infraction enforcement officer may not be used for purposes of
  574  setting motor vehicle insurance rates.
  575         7. All other moving violations (including parking on a
  576  highway outside the limits of a municipality)—3 points. However,
  577  no points may not shall be imposed for a violation of s.
  578  316.0741 or s. 316.2065(11); and points may shall be imposed for
  579  a violation of s. 316.1001 only when imposed by the court after
  580  a hearing pursuant to s. 318.14(5).
  581         8. Any moving violation covered in this paragraph,
  582  excluding unlawful speed and unlawful use of a wireless
  583  communications device, resulting in a crash—4 points.
  584         9. Any conviction under s. 403.413(6)(b)—3 points.
  585         10. Any conviction under s. 316.0775(2)—4 points.
  586         11. A moving violation covered in this paragraph which is
  587  committed in conjunction with the unlawful use of a wireless
  588  communications device within a school safety zone—2 points, in
  589  addition to the points assigned for the moving violation.
  590         Section 6. Paragraph (a) of subsection (3) of section
  591  316.306, Florida Statutes, is amended to read:
  592         316.306 School and work zones; prohibition on the use of a
  593  wireless communications device in a handheld manner.—
  594         (3)(a)1. A person may not operate a motor vehicle while
  595  using a wireless communications device in a handheld manner in a
  596  designated school crossing, school zone, or work zone area as
  597  defined in s. 316.003(110) s. 316.003(109). This subparagraph
  598  shall only be applicable to work zone areas if construction
  599  personnel are present or are operating equipment on the road or
  600  immediately adjacent to the work zone area. For the purposes of
  601  this paragraph, a motor vehicle that is stationary is not being
  602  operated and is not subject to the prohibition in this
  603  paragraph.
  604         2. Effective January 1, 2020, a law enforcement officer may
  605  stop motor vehicles and issue citations to persons who are
  606  driving while using a wireless communications device in a
  607  handheld manner in violation of subparagraph 1.
  608         Section 7. Subsection (1) of section 655.960, Florida
  609  Statutes, is amended to read:
  610         655.960 Definitions; ss. 655.960-655.965.—As used in this
  611  section and ss. 655.961-655.965, unless the context otherwise
  612  requires:
  613         (1) “Access area” means any paved walkway or sidewalk which
  614  is within 50 feet of any automated teller machine. The term does
  615  not include any street or highway open to the use of the public,
  616  as defined in s. 316.003(88)(a) or (b) s. 316.003(87)(a) or (b),
  617  including any adjacent sidewalk, as defined in s. 316.003.
  618         Section 8. Paragraph (h) is added to subsection (3) of
  619  section 1006.21, Florida Statutes, to read:
  620         1006.21 Duties of district school superintendent and
  621  district school board regarding transportation.—
  622         (3) District school boards, after considering
  623  recommendations of the district school superintendent:
  624         (h) May install and operate, or enter into an agreement
  625  with a private vendor or manufacturer to provide, a school bus
  626  infraction detection system pursuant to s. 316.173.
  627         Section 9. This act shall take effect July 1, 2023.