Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 654
Ì190034vÎ190034
LEGISLATIVE ACTION
Senate . House
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The Appropriations Committee on Transportation, Tourism, and
Economic Development (DiCeglie) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 248 - 1359
4 and insert:
5 after coming to a complete stop and, in the traffic enforcement
6 officer’s determination, failed to yield to a pedestrian or
7 bicyclist or placed a pedestrian or bicyclist in danger of
8 injury as a result of the right-hand turn, failed to yield to
9 another vehicle, or did not substantially reduce the speed of
10 the motor vehicle before making the right-hand turn.
11 (4)(a)1. A county or municipality that desires to have one
12 or more traffic infraction detectors placed or installed on or
13 after July 1, 2025, in an area where no traffic infraction
14 detectors are currently placed or installed must enact an
15 ordinance in order to authorize the placement or installation
16 of, or to authorize contracting with a vendor for the placement
17 or installation of, one or more traffic infraction detectors to
18 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the
19 public hearing on such proposed ordinance, the county or
20 municipality must consider traffic data or other evidence
21 supporting the installation and operation of each traffic
22 infraction detector, and the county or municipality must
23 determine that the intersection at which a traffic infraction
24 detector is to be placed or installed constitutes a heightened
25 safety risk that warrants additional enforcement measures.
26 2. A county or municipality that operates one or more
27 traffic infraction detectors must annually report the results of
28 all traffic infraction detectors within the county’s or
29 municipality’s jurisdiction by placing the annual report to the
30 department required under paragraph (b) as a single reporting
31 item on the agenda of a regular or special meeting of the
32 county’s or municipality’s governing body. Before a county or
33 municipality contracts or renews a contract to place or install
34 one or more traffic infraction detectors, the county or
35 municipality must approve the contract or contract renewal at a
36 regular or special meeting of the county’s or municipality’s
37 governing body.
38 a. Interested members of the public must be allowed to
39 comment regarding the report, contract, or contract renewal
40 under the county’s or municipality’s public comment policies or
41 procedures formats, and the report, contract, or contract
42 renewal may not be considered as part of a consent agenda.
43 b. The report required under this subparagraph must include
44 a written summary, which must be read aloud at the regular or
45 special meeting, and the summary must contain, for the same time
46 period pertaining to the annual report to the department
47 required under paragraph (b), the number of notices of violation
48 issued, the number that were contested, the number that were
49 upheld, the number that were dismissed, the number that were
50 issued as uniform traffic citations, and the number that were
51 paid and how collected funds were distributed and in what
52 amounts. The county or municipality must report to the
53 department that the county’s or municipality’s annual report was
54 considered in accordance with this subparagraph, including the
55 date of the regular or special meeting at which the annual
56 report was considered.
57 3. The compliance or sufficiency of compliance with this
58 paragraph may not be raised in a proceeding challenging a
59 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a
60 traffic infraction detector.
61 4. A county or municipality that does not comply with this
62 paragraph may not operate is suspended from operating traffic
63 infraction detectors under this subsection until such
64 noncompliance is corrected.
65 (b) Each county or municipality that operates a traffic
66 infraction detector shall submit a report by October 1,
67 annually, to the department which details the results of using
68 the traffic infraction detector and the procedures for
69 enforcement for the preceding state fiscal year. The information
70 submitted by the counties and municipalities must include:
71 1. The number of notices of violation issued, the number
72 that were contested, the number that were upheld, the number
73 that were dismissed, the number that were issued as uniform
74 traffic citations, the number that were paid, and the number in
75 each of the preceding categories for which the notice of
76 violation was issued for a right-hand turn violation.
77 2. A description of alternative safety countermeasures
78 taken before and after the placement or installation of a
79 traffic infraction detector.
80 3. Statistical data and information required by the
81 department to complete the summary report required under
82 paragraph (d) (c).
83
84 The department shall must publish on its website each report
85 submitted by a county or municipality pursuant to this paragraph
86 on its website.
87 (c) Each county or municipality that operates a traffic
88 infraction detector is responsible for and shall maintain its
89 respective data for reporting purposes under this subsection for
90 at least 2 years after such data is reported to the department.
91 (d) On or before December 31, annually, the department
92 shall provide a summary report to the Governor, the President of
93 the Senate, and the Speaker of the House of Representatives
94 regarding the use and operation of traffic infraction detectors
95 under this section, along with the department’s recommendations
96 and any recommended necessary legislation. The summary report
97 must include a review of the information submitted to the
98 department by the counties and municipalities and must describe
99 the enhancement of the traffic safety and enforcement programs.
100 (5) Procedures for a hearing under this section are as
101 follows:
102 (a) The department shall publish and make available
103 electronically to each county and municipality a model Request
104 for Hearing form to assist each county and municipality local
105 government administering this section.
106 (b) The charter county, noncharter county, or municipality
107 electing to authorize traffic infraction enforcement officers to
108 issue traffic citations under paragraph (1)(a) shall designate
109 by resolution existing staff to serve as the clerk to the local
110 hearing officer.
111 (c) Any person, herein referred to as the “petitioner,” who
112 elects to request a hearing under paragraph (1)(b) must shall be
113 scheduled for a hearing. The hearing may be conducted either
114 virtually through live video conferencing or in person. The
115 clerk to the local hearing officer shall provide the petitioner
116 with notice of the hearing, including the option for a virtual
117 or in-person hearing, which must by the clerk to the local
118 hearing officer to appear before a local hearing officer with
119 notice to be sent by first-class mail. Upon receipt of the
120 notice, the petitioner may reschedule the hearing up to two
121 times once by submitting a written request to reschedule to the
122 clerk to the local hearing officer, at least 5 calendar days
123 before the day of the originally scheduled hearing. The
124 petitioner may cancel his or her appearance before the local
125 hearing officer by paying the penalty assessed under paragraph
126 (1)(b), plus $50 in administrative costs, before the start of
127 the hearing.
128 (6)(a)1. A traffic infraction detector may not be used for
129 remote surveillance. The collection of evidence by a traffic
130 infraction detector to enforce violations of s. 316.074(1) or s.
131 316.075(1)(c)1. does not constitute remote surveillance.
132 2. Video and images recorded by a traffic infraction
133 detector may be used only for the enforcement of violations of
134 s. 316.074(1) or s. 316.075(1)(c)1. and for purposes of
135 determining criminal or civil liability captured by the traffic
136 infraction detector incidental to the permissible use of a
137 traffic infraction detector.
138 3. To the extent practicable, a traffic infraction detector
139 must use necessary technology to ensure that personal
140 identifying information contained in the video and images
141 recorded by the traffic infraction detector which is not
142 relevant to the alleged violation is sufficiently obscured so as
143 to not reveal such personal identifying information.
144 4. A notice of violation or a uniform traffic citation
145 issued under this section may not be dismissed solely because
146 the recorded video or images reveal personal identifying
147 information as provided in subparagraph 3. as long as a
148 reasonable effort has been made to comply with this subsection.
149 (b) Any recorded video or image obtained through the use of
150 a traffic infraction detector must be destroyed within 90 days
151 after the final disposition of the recorded event. The vendor of
152 the traffic infraction detector must provide the county or
153 municipality with written notice by December 31 of each year
154 that such records have been destroyed in accordance with this
155 paragraph.
156 (c) Notwithstanding any other law, motor vehicle
157 registration and owner information obtained as the result of the
158 operation of a traffic infraction detector is not the property
159 of the manufacturer or vendor of the traffic infraction detector
160 and may be used only for purposes authorized in this section.
161 Section 5. Section 316.00831, Florida Statutes, is
162 repealed.
163 Section 6. Section 316.07456, Florida Statutes, is amended
164 to read:
165 316.07456 Traffic infraction detectors; specifications
166 Transitional implementation.—Any traffic infraction detector
167 deployed on the highways, streets, and roads of this state must
168 meet specifications established by the Department of
169 Transportation, and must be tested at regular intervals
170 according to specifications prescribed by the Department of
171 Transportation. The Department of Transportation must establish
172 such specifications on or before December 31, 2010. However, any
173 such equipment acquired by purchase, lease, or other arrangement
174 under an agreement entered into by a county or municipality on
175 or before July 1, 2011, or equipment used to enforce an
176 ordinance enacted by a county or municipality on or before July
177 1, 2011, is not required to meet the specifications established
178 by the Department of Transportation until July 1, 2011.
179 Section 7. Paragraph (b) of subsection (2) and subsection
180 (3) of section 316.0776, Florida Statutes, are amended to read:
181 316.0776 Traffic infraction detectors; speed detection
182 systems; placement and installation.—
183 (2)
184 (b) If the department, county, or municipality begins a
185 traffic infraction detector program in a county or municipality
186 that has never conducted such a program, the respective
187 department, county, or municipality must shall also make a
188 public announcement and conduct a public awareness campaign of
189 the proposed use of traffic infraction detectors at least 30
190 days before commencing the enforcement program. During the 30
191 day public awareness campaign, only a warning may be issued to
192 the registered owner of a motor vehicle for a violation of s.
193 316.074(1) or s. 316.075(1)(c)1. enforced by a traffic
194 infraction detector, and a penalty may not be imposed pursuant
195 to s. 318.18(16)(a)2. or 3.
196 (3) A speed detection system authorized by s. 316.008(9)
197 may be placed or installed in a school zone on a state road when
198 permitted by the Department of Transportation and in accordance
199 with placement and installation specifications developed by the
200 Department of Transportation. The speed detection system may be
201 placed or installed in a school zone on a street or highway
202 under the jurisdiction of a county or a municipality in
203 accordance with placement and installation specifications
204 established by the Department of Transportation. The Department
205 of Transportation must establish such placement and installation
206 specifications by December 31, 2023.
207 (a) If a county or municipality places or installs a speed
208 detection system as authorized by s. 316.008(9), the county or
209 municipality must notify the public that a speed detection
210 system may be in use by posting signage indicating photographic
211 or video enforcement of the school zone speed limits. Such
212 signage must shall clearly designate the time period during
213 which the school zone speed limits are enforced using a speed
214 detection system and must meet the placement and installation
215 specifications established by the Department of Transportation.
216 For a speed detection system enforcing violations of s. 316.1895
217 or s. 316.183 on a roadway maintained as a school zone, this
218 paragraph governs the signage notifying the public of the use of
219 a speed detection system.
220 (b) If a county or municipality begins a school zone speed
221 detection system program in a county or municipality that has
222 never conducted such a program, the respective county or
223 municipality must make a public announcement and conduct a
224 public awareness campaign of the proposed use of speed detection
225 systems at least 30 days before commencing enforcement under the
226 speed detection system program and must notify the public of the
227 specific date on which the program will commence. During the 30
228 day public awareness campaign, only a warning may be issued to
229 the registered owner of a motor vehicle for a violation of s.
230 316.1895 or s. 316.183 enforced by a speed detection system, and
231 liability may not be imposed for the civil penalty under s.
232 318.18(3)(d).
233 (c) A county or municipality that operates one or more
234 school zone speed detection systems shall must annually report
235 the results of all systems within the county’s or municipality’s
236 jurisdiction by placing the report required under s.
237 316.1896(16)(a) as a single reporting item on the agenda of a
238 regular or special meeting of the county’s or municipality’s
239 governing body. Before a county or municipality contracts or
240 renews a contract to place or install a speed detection system
241 in a school zone pursuant to s. 316.008(9), the county or
242 municipality must approve the contract or contract renewal at a
243 regular or special meeting of the county’s or municipality’s
244 governing body.
245 1. Interested members of the public must be allowed to
246 comment regarding the report, contract, or contract renewal
247 under the county’s or municipality’s public comment policies or
248 procedures formats, and the report, contract, or contract
249 renewal may not be considered as part of a consent agenda.
250 2. The report required under this paragraph must include a
251 written summary, which must be read aloud at the regular or
252 special meeting, and the summary must contain, for the same time
253 period pertaining to the annual report to the department under
254 s. 316.1896(16)(a), the number of notices of violation issued,
255 the number that were contested, the number that were upheld, the
256 number that were dismissed, the number that were issued as
257 uniform traffic citations, and the number that were paid and how
258 collected funds were distributed and in what amounts. The county
259 or municipality shall must report to the department that the
260 county’s or municipality’s annual report was considered in
261 accordance with this paragraph, including the date of the
262 regular or special meeting at which the annual report was
263 considered.
264 3. The compliance or sufficiency of compliance with this
265 paragraph may not be raised in a proceeding challenging a
266 violation of s. 316.1895 or s. 316.183 enforced by a speed
267 detection system in a school zone.
268 4. A county or municipality that does not comply with this
269 paragraph may not operate a speed detection system under this
270 section until such noncompliance is corrected.
271 Section 8. Subsection (1), paragraph (c) of subsection (2),
272 subsections (4) and (6), paragraph (a) of subsection (17), and
273 subsections (18) and (19) of section 316.173, Florida Statutes,
274 are amended to read:
275 316.173 School bus infraction detection systems.—
276 (1)(a) A school district may install and operate a school
277 bus infraction detection system on a school bus for the purpose
278 of enforcing s. 316.172(1)(a) and (b) as provided in and
279 consistent with this section.
280 (b) A school district that desires to install one or more
281 school bus infraction detection systems on school buses in its
282 fleet must have specific authorization from the district school
283 board to place or install, or contract with a vendor to install,
284 operate, and maintain, school bus infraction detection systems
285 to enforce s. 316.172(1)(a) and (b). As part of a public hearing
286 held by the school board on such authorization, the school board
287 shall consider traffic data or other evidence supporting the
288 installation and operation of each school bus infraction
289 detection system, and the school board shall determine whether
290 the school bus route for which school bus infraction detection
291 systems are to be placed or installed constitutes a heightened
292 safety risk that warrants additional enforcement measures.
293 Interested members of the public must be allowed to comment
294 regarding a contract or renewal of a contract for the
295 installation, operation, and maintenance of school bus
296 infraction detection systems under the school board’s public
297 comment policies or procedures, and the contract or contract
298 renewal may not be considered as part of a consent agenda.
299 (c) After an affirmative vote from the school board
300 authorizing such a contract, the school district may enter into
301 a contract with a private vendor or manufacturer to install a
302 school bus infraction detection system on any school bus in
303 within its fleet, whether owned, contracted, or leased, and for
304 services including, but not limited to, the installation,
305 operation, and maintenance of the system. The school district’s
306 decision to install school bus infraction detection systems must
307 be based solely on the need to increase public safety. An
308 individual may not receive a commission from any revenue
309 collected from violations detected through the use of a school
310 bus infraction detection system. A private vendor or
311 manufacturer may not receive a fee or remuneration based upon
312 the number of violations detected through the use of a school
313 bus infraction detection system. This paragraph may not be
314 construed to prohibit a private vendor or manufacturer from
315 receiving a fixed amount of collected proceeds for service
316 rendered in relation to the installation, operation, or
317 maintenance of school bus infraction detection systems.
318 (d)(c) The school district shall must ensure that each
319 school bus infraction detection system meets the requirements of
320 subsection (19).
321 (e)(d) The school district must enter into an interlocal
322 agreement with one or more law enforcement agencies authorized
323 to enforce violations of s. 316.172(1)(a) and (b) within the
324 school district which jointly establishes the responsibilities
325 of enforcement and the reimbursement of costs associated with
326 school bus infraction detection systems consistent with this
327 section. For school bus infraction detection system programs
328 established after October 1, 2026, the school district must
329 enter into an interlocal agreement before beginning its school
330 bus infraction detection system program.
331 (f) For purposes of administering this section, a law
332 enforcement agency may authorize a traffic infraction
333 enforcement officer under s. 316.640 to issue uniform traffic
334 citations for violations of s. 316.172(1)(a) and (b). This
335 paragraph does not prohibit the review of information from a
336 school bus infraction detection system by an authorized employee
337 or agent of the school district or law enforcement agency before
338 issuance of the traffic citation by the traffic infraction
339 enforcement officer. This paragraph does not prohibit the law
340 enforcement agency or its designee from issuing a notification
341 as provided in subsection (5) to the registered owner of the
342 motor vehicle involved in the violation of s. 316.172(1)(a) or
343 (b).
344 (2)
345 (c) The sufficiency of signage or compliance with the
346 signage requirements under this subsection may not be raised in
347 a proceeding challenging a violation of s. 316.172(1)(a) or (b).
348 (4) Within 30 days after an alleged violation of s.
349 316.172(1)(a) or (b) is recorded by a school bus infraction
350 detection system, the school district or the private vendor or
351 manufacturer under paragraph (1)(c) (1)(b) must submit the
352 following information to a law enforcement agency that has
353 entered into an interlocal agreement with the school district
354 pursuant to paragraph (1)(e) (1)(d) and has traffic infraction
355 enforcement jurisdiction at the location where the alleged
356 violation occurred:
357 (a) A copy of the recorded video and images showing the
358 motor vehicle allegedly violating s. 316.172(1)(a) or (b).
359 (b) The motor vehicle’s license plate number and the state
360 of issuance of the motor vehicle’s license plate.
361 (c) The date, time, and location of the alleged violation.
362 (6)(a) A local hearing officer appointed by the school
363 district or county shall administer a an administrative hearing
364 process for a contested notice of violation. The school district
365 may appoint an attorney who is, and has been for the preceding 5
366 years, a member in good standing with The Florida Bar to serve
367 as a local hearing officer. The county in which a school
368 district has entered into an interlocal agreement with a law
369 enforcement agency to issue uniform traffic citations may
370 designate by resolution existing staff to serve as clerk to the
371 local hearing officer. At the administrative hearing, the local
372 hearing officer shall determine whether a violation of s.
373 316.172(1)(a) or (b) has occurred. If the local hearing officer
374 finds by a preponderance of the evidence that a violation has
375 occurred, the local hearing officer must uphold the notice of
376 violation and require the petitioner to pay the penalty
377 previously assessed under s. 318.18(5). The local hearing
378 officer may shall also require the petitioner to pay costs
379 consistent with this subsection.
380 (b) Procedures for a an administrative hearing conducted
381 under this subsection are as follows:
382 1. The department shall make available electronically to
383 the school district or its designee or the county a Request for
384 Hearing form to assist each district or county with
385 administering this subsection.
386 2. A person, referred to in this paragraph as the
387 petitioner, who elects to request a hearing under this
388 subsection must shall be scheduled for a hearing. The hearing
389 may be conducted either virtually through via live video
390 conferencing or in person.
391 3. The clerk to the local hearing officer shall provide the
392 petitioner with notice of the hearing, including the option for
393 a virtual or in-person hearing, which must be sent Within 120
394 days after receipt of a timely request for a hearing, the law
395 enforcement agency or its designee shall provide a replica of
396 the notice of violation data to the school district or county by
397 manual or electronic transmission, and thereafter the school
398 district or its designee or the county shall mail a notice of
399 hearing, which shall include a hearing date and may at the
400 discretion of the district or county include virtual and in
401 person hearing options, to the petitioner by first-class mail.
402 Mailing of the notice of hearing constitutes notification. Upon
403 receipt of the notice of hearing, the petitioner may reschedule
404 the hearing up to two times once by submitting a written request
405 to the local hearing officer at least 5 calendar days before the
406 day of the originally scheduled hearing. The petitioner may
407 cancel his or her hearing by paying the penalty assessed in the
408 notice of violation and any costs authorized in s.
409 316.0083(5)(c) before the start of the hearing.
410 4. All testimony at the hearing must shall be under oath
411 and recorded. The local hearing officer shall take testimony
412 from a representative of the law enforcement agency and the
413 petitioner, and may take testimony from others. The local
414 hearing officer shall review the video and images recorded by a
415 school bus infraction detection system. Formal rules of evidence
416 do not apply, but due process shall be observed and govern the
417 proceedings.
418 5. At the conclusion of the hearing, the local hearing
419 officer shall determine by a preponderance of the evidence
420 whether a violation has occurred and shall uphold or dismiss the
421 violation. The local hearing officer shall issue a final
422 administrative order including the determination and, if the
423 notice of violation is upheld, must require the petitioner to
424 pay the civil penalty previously assessed in the notice of
425 violation, and may shall also require the petitioner to pay
426 costs, not to exceed those established in s. 316.0083(5)(e), to
427 be used by the county for operational costs relating to the
428 hearing process or by the school district for technology and
429 operational costs relating to the hearing process as well as
430 school transportation safety-related initiatives. The final
431 administrative order must shall be mailed to the petitioner by
432 first-class mail.
433 6. An aggrieved party may appeal a final administrative
434 order consistent with the process provided in s. 162.11.
435 (c) Any hearing for a contested notice of violation that
436 has not been conducted before July 1, 2025, may be conducted
437 pursuant to the procedures in this subsection within 1 year
438 after such date.
439 (17)(a)1. A school bus infraction detection system may not
440 be used for remote surveillance. The collection of evidence by a
441 school bus infraction detection system to enforce violations of
442 s. 316.172 does not constitute remote surveillance.
443 2. Video and images recorded as part of a school bus
444 infraction detection system may only be used for traffic
445 enforcement and for purposes of determining criminal or civil
446 liability for incidents captured by the school bus infraction
447 detection system incidental to the permissible use of the school
448 bus infraction detection system.
449 3. To the extent practicable, a school bus infraction
450 detection system must use necessary technology to ensure that
451 personal identifying information contained in the video or still
452 images recorded by the system which is not relevant to the
453 alleged violation, including, but not limited to, the identity
454 of the driver and any passenger of a motor vehicle, the interior
455 or contents of a motor vehicle, the identity of an uninvolved
456 person, a number identifying the address of a private residence,
457 and the contents or interior of a private residence, is
458 sufficiently obscured so as not to reveal such personal
459 identifying information.
460 4. A notice of a violation or uniform traffic citation
461 issued under this section may not be dismissed solely because a
462 recorded video or still images reveal personal identifying
463 information as provided in subparagraph 3. as long as a
464 reasonable effort has been made to comply with this subsection.
465 (18)(a)1. A school district that operates one or more
466 school bus infraction detection systems shall annually report
467 the results of all such systems operated within the school
468 district by placing the annual report to the department required
469 under paragraph (b) as a single reporting item on the agenda of
470 a regular or special meeting of the school board.
471 2. Interested members of the public must be allowed to
472 comment regarding the report under the school board’s public
473 comment policies or procedures, and the report may not be
474 considered as part of a consent agenda.
475 3. The report required under this paragraph must include a
476 written summary, which must be read aloud at the regular or
477 special meeting, and the summary must contain, for the same time
478 period as the annual report to the department under paragraph
479 (b), the number of school buses that have a school bus
480 infraction detection system installed, including the date of
481 installation and, if applicable, the date the systems were
482 removed; the number of notices of violations issued and the
483 number that were contested, the number that were upheld, the
484 number that were dismissed, the number that were issued as
485 uniform traffic citations, and the number that were paid; and
486 the manner in which collected funds were distributed and in what
487 amounts.
488 4. The compliance or sufficiency of compliance with this
489 paragraph may not be raised in a proceeding challenging a
490 violation of s. 316.172(a) or (b) enforced by a school bus
491 infraction detection system.
492 5. A school district that does not comply with this
493 paragraph may not operate school bus infraction detection
494 systems under this section until such noncompliance is
495 corrected.
496 (b) By October 1, annually 2023, and quarterly thereafter,
497 each school district operating a school bus infraction detection
498 system shall must submit, in consultation with the law
499 enforcement agencies with which it has interlocal agreements
500 pursuant to this section, a report to the department which
501 details the results of the school bus infraction detection
502 systems in the school district during the preceding state fiscal
503 year in the preceding quarter. The information from the school
504 districts must be submitted in a form and manner determined by
505 the department, which the department must make available to the
506 school districts by August 1, 2023, and must include at least
507 the following:
508 1. The number of school buses that have a school bus
509 infraction detection system installed, including the date of
510 installation and, if applicable, the date the systems were
511 removed.
512 2. The number of notices of violations issued, the number
513 that were contested, the number that were upheld, the number
514 that were dismissed, the number that were issued as uniform
515 traffic citations, and the number that were paid.
516 3. Data for each infraction to determine locations in need
517 of safety improvements. Such data may include, but is not
518 limited to, global positioning system coordinates of the
519 infraction, the date and time of the infraction, and the name of
520 the school that the school bus was transporting students to or
521 from.
522 4. Any other statistical data and information required by
523 the department to complete the report required by paragraph (c).
524
525 The department shall publish on its website each report
526 submitted by a school district pursuant to this paragraph.
527 (c)(b) Each school district that operates a school bus
528 infraction detection system is responsible for and shall must
529 maintain its respective data for reporting purposes under this
530 subsection for at least 2 years after such data is reported to
531 the department.
532 (d)(c) On or before December 31, 2024, and annually
533 thereafter, the department shall submit a summary report to the
534 Governor, the President of the Senate, and the Speaker of the
535 House of Representatives regarding the use and operation of
536 school bus infraction detection systems under this section,
537 along with the department’s recommendations and any recommended
538 legislation. The summary report must include a review of the
539 information submitted to the department by the school districts
540 and must describe the enhancement of traffic safety and
541 enforcement programs.
542 (19) A school bus infraction detection system must meet
543 specifications established by the State Board of Education and
544 must be tested at regular intervals according to specifications
545 prescribed by state board rule. The state board must establish
546 such specifications by rule on or before December 31, 2023.
547 However, any such equipment acquired by purchase, lease, or
548 other arrangement under an agreement entered into by a school
549 district on or before December 31, 2023, is not required to meet
550 the specifications established by the state board until July 1,
551 2024.
552 Section 9. Subsection (1), paragraphs (b) and (c) of
553 subsection (2), subsections (3), (5) through (9), (12), and
554 (13), paragraph (c) of subsection (14), paragraph (a) of
555 subsection (15), and paragraphs (a) and (c) of subsection (16)
556 of section 316.1896, Florida Statutes, are amended to read:
557 316.1896 Roadways maintained as school zones; speed
558 detection system enforcement; penalties; appeal procedure;
559 privacy; reports.—
560 (1) For purposes of administering this section, a county or
561 municipality may authorize a traffic infraction enforcement
562 officer under s. 316.640 to issue uniform traffic citations for
563 violations of s. 316.1895 during the times listed in s.
564 316.1895(5) ss. 316.1895 and 316.183 as authorized by s.
565 316.008(9), as follows:
566 (a) For a violation of s. 316.1895 in excess of 10 miles
567 per hour over the school zone speed limit which occurs within 30
568 minutes before through 30 minutes after the start of a regularly
569 scheduled breakfast program.
570 (b) For a violation of s. 316.1895 in excess of 10 miles
571 per hour over the school zone speed limit which occurs within 30
572 minutes before through 30 minutes after the start of a regularly
573 scheduled school session.
574 (c) For a violation of s. 316.183 in excess of 10 miles per
575 hour over the posted speed limit during the entirety of a
576 regularly scheduled school session.
577 (d) For a violation of s. 316.1895 in excess of 10 miles
578 per hour over the school zone speed limit which occurs within 30
579 minutes before through 30 minutes after the end of a regularly
580 scheduled school session.
581
582 Such violation must be evidenced by a speed detection system
583 described in ss. 316.008(9) and 316.0776(3). This subsection
584 does not prohibit a review of information from a speed detection
585 system by an authorized employee or agent of a county or
586 municipality before issuance of the uniform traffic citation by
587 the traffic infraction enforcement officer. This subsection does
588 not prohibit a county or municipality from issuing notices as
589 provided in subsection (2) to the registered owner of the motor
590 vehicle for a violation of s. 316.1895. The school zone speed
591 limit may not be enforced through the use of a speed detection
592 system if any flashing beacon used to provide notice of the
593 times during which a restrictive school speed limit is being
594 enforced in the school zone is not activated at the time of the
595 violation or s. 316.183.
596 (2) Within 30 days after a violation, notice must be sent
597 to the registered owner of the motor vehicle involved in the
598 violation specifying the remedies available under s. 318.14 and
599 that the violator must pay the penalty under s. 318.18(3)(d) to
600 the county or municipality, or furnish an affidavit in
601 accordance with subsection (8), within 30 days after the date of
602 the notice of violation in order to avoid court fees, costs, and
603 the issuance of a uniform traffic citation. The notice of
604 violation must:
605 (b) Include a photograph or other recorded image showing
606 the license plate of the motor vehicle; the date, time, and
607 location of the violation; the maximum speed at which the motor
608 vehicle was traveling within the school zone; and the speed
609 limit within the school zone at the time of the violation.
610 (c) Include a notice that the owner has the right to
611 review, in person or remotely, the photograph or video captured
612 by the speed detection system and the evidence of the speed of
613 the motor vehicle detected by the speed detection system which
614 constitute a rebuttable presumption that the motor vehicle was
615 used in violation of s. 316.1895 or s. 316.183.
616 (3) Notwithstanding any other law, a person who receives a
617 notice of violation under this section may request a hearing
618 within 60 30 days after the notice of violation or may pay the
619 penalty pursuant to the notice of violation, but a payment or
620 fee may not be required before the hearing requested by the
621 person. The notice of violation must be accompanied by, or
622 direct the person to a website that provides, information on the
623 person’s right to request a hearing and on all costs related
624 thereto and a form used for requesting a hearing. As used in
625 this subsection, the term “person” includes a natural person,
626 the registered owner or co-owner of a motor vehicle, or the
627 person identified in an affidavit as having actual care,
628 custody, or control of the motor vehicle at the time of the
629 violation.
630 (5) Penalties assessed and collected by the county or
631 municipality authorized to collect the funds provided for in
632 this section, less the amount retained by the county or
633 municipality pursuant to paragraphs (b) and (e) paragraph (b)
634 and paragraph (e) and the amount remitted to the county school
635 district pursuant to paragraph (d), must be paid to the
636 Department of Revenue weekly. Such payment must be made by means
637 of electronic funds transfer. In addition to the payment, a
638 detailed summary of the penalties remitted must be reported to
639 the Department of Revenue. Penalties to be assessed and
640 collected by the county or municipality as established in s.
641 318.18(3)(d) must be remitted as follows:
642 (a) Twenty dollars must be remitted to the Department of
643 Revenue for deposit into the General Revenue Fund.
644 (b) Sixty dollars must be retained by the county or
645 municipality and must be used to administer speed detection
646 systems in school zones and other public safety initiatives.
647 (c) Three dollars must be remitted to the Department of
648 Revenue for deposit into the Department of Law Enforcement
649 Criminal Justice Standards and Training Trust Fund.
650 (d) Twelve dollars must be remitted to the county school
651 district in which the violation occurred and must be used for
652 school security initiatives, for student transportation, or to
653 improve the safety of student walking conditions. Funds remitted
654 under this paragraph must be shared with charter schools in the
655 district based on each charter school’s proportionate share of
656 the district’s total unweighted full-time equivalent student
657 enrollment and must be used for school security initiatives or
658 to improve the safety of student walking conditions.
659 (e) Five dollars must be retained by the county or
660 municipality for the School Crossing Guard Recruitment and
661 Retention Program pursuant to s. 316.1894.
662
663 Under a school zone speed detection system contract entered into
664 or renewed on or after October 1, 2026, an individual may not
665 receive a commission or per-ticket fee from any revenue
666 collected from violations detected through the use of a speed
667 detection system. A manufacturer or vendor of speed detection
668 systems may not receive a fee or remuneration based upon the
669 number of violations detected through the use of a speed
670 detection system.
671 (6) A uniform traffic citation must be issued by mailing
672 the uniform traffic citation by certified mail to the address of
673 the registered owner of the motor vehicle involved in the
674 violation if payment has not been made within 60 30 days after
675 notification under subsection (2), if the registered owner has
676 not requested a hearing as authorized under subsection (3), and
677 if the registered owner has not submitted an affidavit in
678 accordance with subsection (8).
679 (a) Delivery of the uniform traffic citation constitutes
680 notification of a violation under this subsection. If the
681 registered owner or co-owner of the motor vehicle; the person
682 identified as having care, custody, or control of the motor
683 vehicle at the time of the violation; or a duly authorized
684 representative of the owner, co-owner, or identified person
685 initiates a proceeding to challenge the citation pursuant to
686 this section, such person waives any challenge or dispute as to
687 the delivery of the uniform traffic citation.
688 (b) In the case of joint ownership of a motor vehicle, the
689 uniform traffic citation must be mailed to the first name
690 appearing on the motor vehicle registration, unless the first
691 name appearing on the registration is a business organization,
692 in which case the second name appearing on the registration may
693 be used.
694 (c) The uniform traffic citation mailed to the registered
695 owner of the motor vehicle involved in the infraction must be
696 accompanied by the information described in paragraphs (2)(b)
697 (d).
698 (7) The registered owner of the motor vehicle involved in
699 the violation is responsible and liable for paying the uniform
700 traffic citation issued for a violation of s. 316.1895 or s.
701 316.183 unless the owner can establish that:
702 (a) The motor vehicle was, at the time of the violation, in
703 the care, custody, or control of another person;
704 (b) A uniform traffic citation was issued by law
705 enforcement to the driver of the motor vehicle for the alleged
706 violation of s. 316.1895 or s. 316.183; or
707 (c) The motor vehicle’s owner was deceased on or before the
708 date of the alleged violation, as established by an affidavit
709 submitted by the representative of the motor vehicle owner’s
710 estate or other identified person or family member.
711 (8) To establish such facts under subsection (7), the
712 registered owner of the motor vehicle must, within 60 30 days
713 after the date of issuance of the notice of violation or the
714 uniform traffic citation, furnish to the appropriate
715 governmental entity an affidavit setting forth information
716 supporting an exception under subsection (7).
717 (a) An affidavit supporting the exception under paragraph
718 (7)(a) must include the name, address, date of birth, and, if
719 known, the driver license number of the person who leased,
720 rented, or otherwise had care, custody, or control of the motor
721 vehicle at the time of the alleged violation. If the motor
722 vehicle was stolen at the time of the alleged violation, the
723 affidavit must include the police report indicating that the
724 motor vehicle was stolen.
725 (b) If a uniform traffic citation for a violation of s.
726 316.1895 or s. 316.183 was issued at the location of the
727 violation by a law enforcement officer, the affidavit must
728 include the serial number of the uniform traffic citation.
729 (c) If the motor vehicle’s owner to whom a notice of
730 violation or a uniform traffic citation has been issued is
731 deceased, the affidavit must include a certified copy of the
732 owner’s death certificate showing that the date of death
733 occurred on or before the date of the alleged violation and one
734 of the following:
735 1. A bill of sale or other document showing that the
736 deceased owner’s motor vehicle was sold or transferred after his
737 or her death but on or before the date of the alleged violation.
738 2. Documented proof that the registered license plate
739 belonging to the deceased owner’s motor vehicle was returned to
740 the department or any branch office or authorized agent of the
741 department after his or her death but on or before the date of
742 the alleged violation.
743 3. A copy of the police report showing that the deceased
744 owner’s registered license plate or motor vehicle was stolen
745 after his or her death but on or before the date of the alleged
746 violation.
747
748 Upon receipt of the affidavit and documentation required under
749 paragraphs (b) and (c), or 60 30 days after the date of issuance
750 of a notice of violation sent to a person identified as having
751 care, custody, or control of the motor vehicle at the time of
752 the violation under paragraph (a), the county or municipality
753 must dismiss the notice or citation and provide proof of such
754 dismissal to the person who submitted the affidavit. If, within
755 30 days after the date of a notice of violation sent to a person
756 under subsection (9), the county or municipality receives an
757 affidavit under subsection (10) from the person sent a notice of
758 violation affirming that the person did not have care, custody,
759 or control of the motor vehicle at the time of the violation,
760 the county or municipality must notify the registered owner that
761 the notice or citation will not be dismissed due to failure to
762 establish that another person had care, custody, or control of
763 the motor vehicle at the time of the violation.
764 (9) Upon receipt of an affidavit under paragraph (8)(a),
765 the county or municipality may issue the person identified as
766 having care, custody, or control of the motor vehicle at the
767 time of the violation a notice of violation pursuant to
768 subsection (2) for a violation of s. 316.1895 or s. 316.183. The
769 affidavit is admissible in a proceeding pursuant to this section
770 for the purpose of providing evidence that the person identified
771 in the affidavit was in actual care, custody, or control of the
772 motor vehicle. The owner of a leased motor vehicle for which a
773 uniform traffic citation is issued for a violation of s.
774 316.1895 or s. 316.183 is not responsible for paying the uniform
775 traffic citation and is not required to submit an affidavit as
776 specified in subsection (8) if the motor vehicle involved in the
777 violation is registered in the name of the lessee of such motor
778 vehicle.
779 (12) The photograph or video captured by a speed detection
780 system and the evidence of the speed of the motor vehicle
781 detected by a speed detection system which are attached to or
782 referenced in the uniform traffic citation are evidence of a
783 violation of s. 316.1895 or s. 316.183 and are admissible in any
784 proceeding to enforce this section. The photograph or video and
785 the evidence of speed detected raise a rebuttable presumption
786 that the motor vehicle named in the report or shown in the
787 photograph or video was used in violation of s. 316.1895 or s.
788 316.183.
789 (13) This section supplements the enforcement of s.
790 316.1895 ss. 316.1895 and 316.183 by a law enforcement officer
791 and does not prohibit a law enforcement officer from issuing a
792 uniform traffic citation for a violation of s. 316.1895 or s.
793 316.183.
794 (14) A hearing under this section must be conducted under
795 the procedures established by s. 316.0083(5) and as follows:
796 (c) A person, referred to in this subsection as the
797 “petitioner,” who elects to request a hearing under subsection
798 (3) must be scheduled for a hearing by the clerk to the local
799 hearing officer. The hearing may be conducted either virtually
800 through live video conferencing or in person. The clerk to the
801 local hearing officer shall provide must furnish the petitioner
802 with notice of the hearing, including the option for a virtual
803 or in-person hearing, which must be sent by first-class mail.
804 Upon receipt of the notice, the petitioner may reschedule the
805 hearing up to two times by submitting a written request to
806 reschedule to the clerk at least 5 calendar days before the day
807 of the scheduled hearing. The petitioner may cancel his or her
808 appearance before the local hearing officer by paying the
809 penalty assessed under subsection (2), plus the administrative
810 costs established in s. 316.0083(5)(c), before the start of the
811 hearing.
812 (15)(a) A speed detection system in a school zone may not
813 be used for remote surveillance. The collection of evidence by a
814 speed detection system to enforce violations of s. 316.1895 ss.
815 316.1895 and 316.183, or user-controlled pan or tilt adjustments
816 of speed detection system components, do not constitute remote
817 surveillance. Recorded video or photographs collected by as part
818 of a speed detection system in a school zone may only be used to
819 document violations of s. 316.1895 ss. 316.1895 and 316.183 and
820 for purposes of determining criminal or civil liability for
821 incidents captured by the speed detection system incidental to
822 the permissible use of the speed detection system.
823 (16)(a) Each county or municipality that operates one or
824 more speed detection systems shall must submit a report by
825 October 1, 2024, and annually thereafter, to the department
826 which identifies the public safety objectives used to identify a
827 school zone for enforcement under this section, reports
828 compliance with s. 316.0776(3)(c), and details the results of
829 the speed detection system in the school zone during the
830 preceding state fiscal year and the procedures for enforcement.
831 The information from counties and municipalities must be
832 submitted in a form and manner determined by the department,
833 which the department must make available to the counties and
834 municipalities by August 1, 2023, and the department may require
835 data components to be submitted quarterly. The report must
836 include at least the following:
837 1. Information related to the location of each speed
838 detection system, including the geocoordinates of the school
839 zone, the directional approach of the speed detection system,
840 the school name, the school level, the times the speed detection
841 system was active, the restricted school zone speed limit
842 enforced pursuant to s. 316.1895(5), the posted speed limit
843 enforced at times other than those authorized by s. 316.1895(5),
844 the date the systems were activated to enforce violations of s.
845 316.1895 ss. 316.1895 and 316.183, and, if applicable, the date
846 the systems were deactivated.
847 2. The number of notices of violation issued, the number,
848 if any, that were issued outside of the enforcement periods
849 authorized in subsection (1), the number that were contested,
850 the number that were upheld, the number that were dismissed, the
851 number that were issued as uniform traffic citations, and the
852 number that were paid.
853 3. Any other statistical data and information related to
854 the procedures for enforcement which is required by the
855 department to complete the report required under paragraph (c).
856
857 The department shall publish on its website each report
858 submitted by a county or municipality pursuant to this
859 paragraph.
860 (c) On or before December 31, 2024, and annually
861 thereafter, the department shall must submit a summary report to
862 the Governor, the President of the Senate, and the Speaker of
863 the House of Representatives regarding the use of speed
864 detection systems under this section, along with any recommended
865 legislation legislative recommendations from the department. The
866 summary report must include a review of the information
867 submitted to the department by the counties and municipalities
868 and must describe the enhancement of safety and enforcement
869 programs.
870 Section 10. Paragraph (d) of subsection (1) of section
871 316.1906, Florida Statutes, is reordered and amended, and
872 subsection (3) of that section is amended, to read:
873 316.1906 Radar speed-measuring devices; speed detection
874 systems; evidence, admissibility.—
875 (1) DEFINITIONS.—
876 (d) “Officer” means any:
877 2.1. “Law enforcement officer” who is elected, appointed,
878 or employed full time by any municipality or the state or any
879 political subdivision thereof; who is vested with the authority
880 to bear arms and make arrests; and whose primary responsibility
881 is the prevention and detection of crime or the enforcement of
882 the penal, criminal, traffic, or highway laws of the state;
883 3.2. “Part-time law enforcement officer” who is employed or
884 appointed less than full time, as defined by an employing
885 agency, with or without compensation; who is vested with
886 authority to bear arms and make arrests; and whose primary
887 responsibility is the prevention and detection of crime or the
888 enforcement of the penal, criminal, traffic, or highway laws of
889 the state; or
890 1.3. “Auxiliary law enforcement officer” who is employed or
891 appointed, with or without compensation; who aids or assists a
892 full-time or part-time law enforcement officer; and who, while
893 under the direct supervision of a full-time or part-time law
894 enforcement officer, has the authority to arrest and perform law
895 enforcement functions; or
896 4. “Traffic infraction enforcement officer” who is employed
897 or appointed, with or without compensation, and satisfies the
898 requirements of s. 316.640(5) and is vested with authority to
899 enforce violations of s. 316.1895 ss. 316.1895 and 316.183
900 pursuant to s. 316.1896.
901 (3) A speed detection system is exempt from the design
902 requirements for radar or LiDAR units established by the
903 department. A speed detection system must have the ability to
904 perform self-tests as to its detection accuracy. The system must
905 perform a self-test at least once every 30 days. The law
906 enforcement agency, or an agent acting on behalf of the law
907 enforcement agency, operating a speed detection system must
908 maintain a log of the results of the system’s self-tests. The
909 law enforcement agency, or an agent acting on behalf of the law
910 enforcement agency, operating a speed detection system must also
911 perform an independent calibration test on the speed detection
912 system at least once every 12 months. The self-test logs, as
913 well as the results of the annual calibration test, are
914 admissible in any court proceeding for a uniform traffic
915 citation issued for a violation of s. 316.1895 or s. 316.183
916 enforced pursuant to s. 316.1896. Notwithstanding subsection
917 (2), evidence of the speed of a motor vehicle detected by a
918 speed detection system compliant with this subsection and the
919 determination by a traffic infraction enforcement officer that a
920 motor vehicle is operating in excess of the applicable speed
921 limit is admissible in any proceeding with respect to an alleged
922 violation of law regulating the speed of motor vehicles in
923 school zones.
924 Section 11. Paragraph (a) of subsection (5) of section
925 316.640, Florida Statutes, is amended to read:
926 316.640 Enforcement.—The enforcement of the traffic laws of
927 this state is vested as follows:
928 (5)(a) Any sheriff’s department or police department of a
929 municipality may employ, as a traffic infraction enforcement
930 officer, any individual who successfully completes instruction
931 in traffic enforcement procedures and court presentation through
932 the Selective Traffic Enforcement Program as approved by the
933 Division of Criminal Justice Standards and Training of the
934 Department of Law Enforcement, or through a similar program, but
935 who does not necessarily otherwise meet the uniform minimum
936 standards established by the Criminal Justice Standards and
937 Training Commission for law enforcement officers or auxiliary
938 law enforcement officers under s. 943.13. Any such traffic
939 infraction enforcement officer who observes the commission of a
940 traffic infraction or, in the case of a parking infraction, who
941 observes an illegally parked vehicle may issue a traffic
942 citation for the infraction when, based upon personal
943 investigation, he or she has reasonable and probable grounds to
944 believe that an offense has been committed which constitutes a
945 noncriminal traffic infraction as defined in s. 318.14. In
946 addition, any such traffic infraction enforcement officer may
947 issue a traffic citation under ss. 316.0083, 316.173, and
948 316.1896 ss. 316.0083 and 316.1896. For purposes of enforcing
949 ss. 316.074(1), 316.075(1)(c)1., 316.172(1)(a) and (b), and
950 316.1895(10) ss. 316.0083, 316.1895, and 316.183, any sheriff’s
951 department or police department of a municipality may designate
952 employees as traffic infraction enforcement officers. The
953 traffic infraction enforcement officers must be physically
954 located in the county of the respective sheriff’s or police
955 department.
956 Section 12. Paragraph (c) of subsection (3) of section
957 316.650, Florida Statutes, is amended to read:
958 316.650 Traffic citations.—
959 (3)
960 (c) If a traffic citation is issued under s. 316.0083, s.
961 316.173, or s. 316.1896, the traffic infraction enforcement
962 officer must shall provide by electronic transmission a replica
963 of the traffic citation data to the court having jurisdiction
964 over the alleged offense or its traffic violations bureau within
965 5 business days after the date of issuance of the traffic
966 citation to the violator. If a hearing is requested, the traffic
967 infraction enforcement officer must shall provide a replica of
968 the traffic notice of violation data to the clerk to for the
969 local hearing officer having jurisdiction over the alleged
970 offense within 14 days.
971 Section 13. Subsection (3) of section 318.15, Florida
972 Statutes, is amended to read:
973 318.15 Failure to comply with civil penalty or to appear;
974 penalty.—
975 (3) The clerk shall notify the department of persons who
976 were mailed a notice of violation of s. 316.074(1) or s.
977 316.075(1)(c)1. pursuant to s. 316.0083, of s. 316.172(1)(a) or
978 (b) pursuant to s. 316.173, or of s. 316.1895(10) pursuant to s.
979 316.1896, and who failed to enter into, or comply with the terms
980 of, a penalty payment plan, or order with the clerk to the local
981 hearing officer or failed to appear at a scheduled hearing
982 within 10 days after such failure, and shall reference the
983 person’s driver license number, or in the case of a business
984 entity, vehicle registration number.
985 (a) Upon receipt of such notice, the department, or
986 authorized agent thereof, may not issue a license plate or
987 revalidation sticker for any motor vehicle owned or co-owned by
988 that person pursuant to s. 320.03(8) until the amounts assessed
989 have been fully paid.
990 (b) After the issuance of the person’s license plate or
991 revalidation sticker is withheld pursuant to paragraph (a), the
992 person may challenge the withholding of the license plate or
993 revalidation sticker only on the basis that the outstanding
994 fines and civil penalties have been paid pursuant to s.
995 320.03(8).
996 Section 14. Paragraph (d) of subsection (3), paragraphs (a)
997 and (b) of subsection (5), and subsection (23) of section
998 318.18, Florida Statutes, are amended to read:
999 318.18 Amount of penalties.—The penalties required for a
1000 noncriminal disposition pursuant to s. 318.14 or a criminal
1001 offense listed in s. 318.17 are as follows:
1002 (3)
1003 (d)1. Notwithstanding paragraphs (b) and (c), a person
1004 cited for a violation of s. 316.1895(10) or s. 316.183 for
1005 exceeding the speed limit in force at the time of the violation
1006 on a roadway maintained as a school zone as provided in s.
1007 316.1895, when enforced by a traffic infraction enforcement
1008 officer pursuant to s. 316.1896, must pay a fine of $100. Fines
1009 collected under this paragraph must be distributed as follows:
1010 a. Twenty dollars must be remitted to the Department of
1011 Revenue for deposit into the General Revenue Fund.
1012 b. Seventy-seven dollars must be distributed to the county
1013 for any violations occurring in any unincorporated areas of the
1014 county or to the municipality for any violations occurring in
1015 the incorporated boundaries of the municipality in which the
1016 infraction occurred, to be used as provided in s. 316.1896(5).
1017 c. Three dollars must be remitted to the Department of
1018 Revenue for deposit into the Department of Law Enforcement
1019 Criminal Justice Standards and Training Trust Fund to be used as
1020 provided in s. 943.25.
1021 2. If a person who is mailed a notice of violation or a
1022 uniform traffic citation for a violation of s. 316.1895(10) or
1023 s. 316.183, as enforced by a traffic infraction enforcement
1024 officer under s. 316.1896, presents documentation from the
1025 appropriate governmental entity that the notice of violation or
1026 uniform traffic citation was in error, the clerk of court or
1027 clerk to the local hearing officer may dismiss the case. The
1028 clerk of court or clerk to the local hearing officer may not
1029 charge for this service.
1030 3. Under a school zone speed detection system contract
1031 entered into or renewed on or after October 1, 2026, an
1032 individual may not receive a commission or per-ticket fee from
1033 any revenue collected from violations detected through the use
1034 of a speed detection system. A manufacturer or vendor may not
1035 receive a fee or remuneration based upon the number of
1036 violations detected through the use of a speed detection system.
1037 (5)(a)1. Except as provided in subparagraph 2., $200 for a
1038 violation of s. 316.172(1)(a), failure to stop for a school bus.
1039 If, at a hearing, the alleged offender is found to have
1040 committed this offense, the court shall impose a minimum civil
1041 penalty of $200. In addition to this penalty, for a second or
1042 subsequent offense within a period of 5 years, the department
1043 shall suspend the driver license of the person for not less than
1044 180 days and not more than 1 year.
1045 2. If a violation of s. 316.172(1)(a) is enforced by a
1046 school bus infraction detection system pursuant to s. 316.173,
1047 the penalty of $200 shall be imposed. If, at a an administrative
1048 hearing contesting a notice of violation or uniform traffic
1049 citation, the alleged offender is found to have committed this
1050 offense, a minimum civil penalty of $200 shall be imposed.
1051 Notwithstanding any other provision of law except s. 28.37(6),
1052 the civil penalties assessed under this subparagraph resulting
1053 from a notice of violation or uniform traffic citation shall be
1054 remitted to the school district at least monthly and used
1055 pursuant to s. 316.173(8).
1056 (b)1. Except as provided in subparagraph 2., $400 for a
1057 violation of s. 316.172(1)(b), passing a school bus on the side
1058 that children enter and exit when the school bus displays a stop
1059 signal. If, at a hearing, the alleged offender is found to have
1060 committed this offense, the court shall impose a minimum civil
1061 penalty of $400.
1062 2. If a violation of s. 316.172(1)(b) is enforced by a
1063 school bus infraction detection system pursuant to s. 316.173,
1064 the penalty under this subparagraph is a minimum of $200. If, at
1065 a hearing contesting a notice of violation or uniform traffic
1066 citation, the alleged offender is found to have committed this
1067 offense, the court shall impose a minimum civil penalty of $200.
1068 Notwithstanding any other provision of law except s. 28.37(6),
1069 the civil penalties assessed under this subparagraph resulting
1070 from notice of violation or uniform traffic citation shall be
1071 remitted to the school district at least monthly and used
1072 pursuant to s. 316.173(8).
1073 3. In addition to this penalty, for a second or subsequent
1074 offense within a period of 5 years, the department shall suspend
1075 the driver license of the person for not less than 360 days and
1076 not more than 2 years.
1077 (23) In addition to the penalty prescribed under s.
1078 316.0083, s. 316.173, or s. 316.1896 for violations enforced
1079 under those sections s. 316.0083 which are upheld by the local
1080 hearing officer, the local hearing officer may also order the
1081 payment of county, or municipal, or school district costs, not
1082 to exceed $250.
1083 Section 15. Subsection (12) of section 320.02, Florida
1084 Statutes, is amended to read:
1085 320.02 Registration required; application for registration;
1086 forms.—
1087 (12) The department is authorized to withhold registration
1088 or reregistration of any motor vehicle if the owner, or one of
1089 the co-owners of the vehicle:,
1090 (a) Has a driver license which is under suspension for the
1091 failure to remit payment of any fines levied in this state
1092 pursuant to chapter 318 or chapter 322; or
1093 (b) Received a traffic citation for a violation of s.
1094 316.074(1) or s. 316.075(1)(c)1., s. 316.172(1)(a) or (b), or s.
1095 316.1895(10), as enforced by s. 316.0083, s. 316.173, or s.
1096 316.1896, respectively, and did not request a hearing, submit an
1097 affidavit claiming an exception, or pay the traffic citation.
1098 Section 16. Paragraph (d) of subsection (3) of section
1099 322.27, Florida Statutes, is amended to read:
1100 322.27 Authority of department to suspend or revoke driver
1101 license or identification card.—
1102 (3) There is established a point system for evaluation of
1103 convictions of violations of motor vehicle laws or ordinances,
1104 and violations of applicable provisions of s. 403.413(6)(b) when
1105 such violations involve the use of motor vehicles, for the
1106 determination of the continuing qualification of any person to
1107 operate a motor vehicle. The department is authorized to suspend
1108 the license of any person upon showing of its records or other
1109 good and sufficient evidence that the licensee has been
1110 convicted of violation of motor vehicle laws or ordinances, or
1111 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1112 more points as determined by the point system. The suspension
1113 shall be for a period of not more than 1 year.
1114 (d) The point system shall have as its basic element a
1115 graduated scale of points assigning relative values to
1116 convictions of the following violations:
1117 1. Reckless driving, willful and wanton—4 points.
1118 2. Leaving the scene of a crash resulting in property
1119 damage of more than $50—6 points.
1120 3. Unlawful speed, or unlawful use of a wireless
1121 communications device, resulting in a crash—6 points.
1122 4. Passing a stopped school bus:
1123 a. Not causing or resulting in serious bodily injury to or
1124 death of another—4 points.
1125 b. Causing or resulting in serious bodily injury to or
1126 death of another—6 points.
1127 c. Points may not be imposed for a violation of passing a
1128 stopped school bus as provided in s. 316.172(1)(a) or (b) when
1129 enforced by a school bus infraction detection system pursuant to
1130 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1131 when enforced by a school bus infraction detection system
1132 pursuant to s. 316.173 may not be used for purposes of setting
1133 motor vehicle insurance rates and is not admissible as character
1134 evidence under s. 90.404.
1135 5. Unlawful speed:
1136 a. Not in excess of 15 miles per hour of lawful or posted
1137 speed—3 points.
1138 b. In excess of 15 miles per hour of lawful or posted
1139 speed—4 points.
1140 c. Points may not be imposed for a violation of unlawful
1141 speed as provided in s. 316.1895 or s. 316.183 when enforced by
1142 a traffic infraction enforcement officer pursuant to s.
1143 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1144 when enforced by a traffic infraction enforcement officer
1145 pursuant to s. 316.1896 may not be used for purposes of setting
1146 motor vehicle insurance rates and is not admissible as character
1147 evidence under s. 90.404.
1148 6. A violation of a traffic control signal device as
1149 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1150 However, points may not be imposed for a violation of s.
1151 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1152 stop at a traffic signal and when enforced by a traffic
1153 infraction enforcement officer. In addition, a violation of s.
1154 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1155 stop at a traffic signal and when enforced by a traffic
1156 infraction enforcement officer may not be used for purposes of
1157 setting motor vehicle insurance rates and is not admissible as
1158 character evidence under s. 90.404.
1159
1160 ================= T I T L E A M E N D M E N T ================
1161 And the title is amended as follows:
1162 Delete lines 66 - 129
1163 and insert:
1164 public hearing process; requiring a school district
1165 that establishes a school bus infraction detection
1166 system program after a certain date to enter into a
1167 certain interlocal agreement before beginning its
1168 school bus infraction detection system program;
1169 providing that law enforcement agencies may authorize
1170 traffic infraction enforcement officers to issue
1171 certain uniform traffic citations for violations
1172 enforced through the use of a school bus infraction
1173 detection system; providing construction; deleting a
1174 prohibition on raising certain arguments in a
1175 proceeding challenging certain traffic violations;
1176 deleting a required evidentiary standard for certain
1177 findings and determinations by local hearing officers;
1178 revising the notice of hearing process; revising the
1179 number of times a petitioner may reschedule a certain
1180 hearing; requiring a petitioner to pay certain costs
1181 before the start of the hearing in order to cancel the
1182 hearing; requiring that certain testimony be recorded;
1183 authorizing, rather than requiring, a local hearing
1184 officer to require a petitioner to pay certain costs;
1185 revising authorized uses for videos and images
1186 recorded as part of a school bus infraction detection
1187 system; requiring a school district that operates a
1188 school bus infraction detection system annually to
1189 report the results of such systems at a meeting of the
1190 school board; providing requirements for such meeting;
1191 prohibiting certain arguments in a proceeding
1192 challenging certain traffic violations; prohibiting a
1193 school district from operating school bus infraction
1194 detection systems under certain circumstances;
1195 requiring certain school districts to submit a certain
1196 report to the department annually, rather than
1197 quarterly; requiring the department to publish certain
1198 reports on its website; deleting obsolete provisions;
1199 conforming provisions to changes made by the act;
1200 amending s. 316.1896, F.S.; revising the periods for
1201 which a county or municipality may authorize a traffic
1202 infraction enforcement officer to issue certain
1203 uniform traffic citations; prohibiting the enforcement
1204 of a school zone speed limit through the use of a
1205 speed detection system under certain circumstances;
1206 revising the period within which a person may take
1207 certain action after receiving a notice of violation;
1208 prohibiting an individual from receiving certain
1209 commissions or per-ticket fees under a contract
1210 established or renewed on or after a certain date;
1211 prohibiting a manufacturer or vendor of speed
1212 detection systems from receiving certain fees or
1213 remuneration; providing that certain hearings may be
1214 conducted either virtually or in person; revising
1215 authorized uses for videos and images recorded as part
1216 of a speed detection system; deleting an obsolete
1217 provision; revising information that must be included
1218 in certain reports; deleting a provision authorizing
1219 the department to require quarterly submission of
1220 certain data components; requiring the department to
1221 publish certain reports on its website; conforming
1222 provisions to changes made by the act; reordering and
1223 amending s. 316.1906, F.S.; conforming provisions to
1224 changes made by the act; making a technical change;
1225 amending ss. 316.640, 316.650, and 318.15, F.S.;
1226 conforming provisions to changes made by the act;
1227 amending s. 318.18, F.S.; prohibiting an individual
1228 from receiving certain commissions or per-ticket fees
1229 under a contract established or renewed on or after a
1230 certain date; prohibiting a manufacturer or vendor of
1231 speed detection systems from receiving certain fees or
1232 remuneration; providing exceptions to requirements
1233 that certain civil penalties be remitted to school
1234 districts; conforming provisions to changes made by
1235 the act; amending s. 320.02, F.S.; authorizing the
1236 department to withhold registration or reregistration
1237 of a motor vehicle under certain circumstances;
1238 amending s. 322.27, F.S.; prohibiting the
1239 admissibility of certain infractions as character
1240 evidence;