Florida Senate - 2026 CS for SB 654
By the Committee on Transportation; and Senator DiCeglie
596-02020-26 2026654c1
1 A bill to be entitled
2 An act relating to traffic infraction enforcement;
3 amending s. 28.37, F.S.; deleting a provision
4 exempting certain penalties and fines from a
5 requirement that a certain percentage of all court
6 related fines collected by the clerk be deposited into
7 the fines and forfeiture fund for a specified purpose;
8 amending s. 316.003, F.S.; revising the definitions of
9 the terms “local hearing officer” and “speed detection
10 system”; amending s. 316.008, F.S.; revising the
11 periods during which a county or municipality may
12 enforce school zone speed limits, and the violations
13 for which such enforcement is authorized, through the
14 use of a speed detection system; prohibiting the
15 enforcement of a school zone speed limit through the
16 use of a speed detection system under certain
17 circumstances; revising the circumstances for which a
18 county or municipality may place or install, or
19 contract with a vendor to place or install, a speed
20 detection system within a roadway maintained as a
21 school zone; amending s. 316.0083, F.S.; deleting a
22 provision prohibiting the issuance of certain notices
23 of violation and traffic citations for failure to stop
24 before crossing over a stop line or other point at
25 which a stop is required under certain circumstances;
26 defining the term “careful and prudent manner”;
27 providing that certain counties and municipalities are
28 responsible for and must maintain certain data for a
29 specified period; requiring the Department of Highway
30 Safety and Motor Vehicles to provide to the Governor
31 and the Legislature recommended legislation, rather
32 than necessary legislation, with a certain report;
33 providing that certain hearings may be conducted
34 either virtually or in person; prohibiting the use of
35 a traffic infraction detector for remote surveillance;
36 providing construction; specifying the purposes for
37 which video and images recorded by a traffic
38 infraction detector may be used; requiring that a
39 traffic infraction detector use technology to obscure
40 certain personal identifying information; providing
41 that certain notices of violation and uniform traffic
42 citations may not be dismissed for a specified reason;
43 requiring the destruction of certain recorded videos
44 and images within a certain timeframe; requiring a
45 traffic infraction detector vendor annually to provide
46 certain written notice to the county or municipality;
47 providing that motor vehicle registration and owner
48 information obtained in a certain manner is not the
49 property of certain manufacturers and vendors;
50 repealing s. 316.00831, F.S., relating to distribution
51 of penalties collected under the Mark Wandall Traffic
52 Safety Program; amending s. 316.07456, F.S.; deleting
53 obsolete provisions; amending s. 316.0776, F.S.;
54 providing that only warnings may be issued for certain
55 violations during the duration of a certain public
56 awareness campaign; deleting an obsolete provision;
57 prohibiting a county or municipality from operating a
58 speed detection system under certain circumstances;
59 conforming provisions to changes made by the act;
60 amending s. 316.173, F.S.; requiring district school
61 board authorization and a public hearing process
62 before a school district may place or install, or
63 contract with a vendor to install, operate, and
64 maintain, school bus infraction detection systems;
65 providing requirements for such authorization and
66 public hearing process; requiring a school district to
67 enter into a certain interlocal agreement with a law
68 enforcement agency before beginning its school bus
69 infraction detection system program; providing that
70 law enforcement agencies may authorize traffic
71 infraction enforcement officers to issue certain
72 uniform traffic citations for violations enforced
73 through the use of a school bus infraction detection
74 system; providing construction; deleting a prohibition
75 on raising certain arguments in a proceeding
76 challenging certain traffic violations; deleting a
77 required evidentiary standard for certain findings and
78 determinations by local hearing officers; revising the
79 notice of hearing process; revising the number of
80 times a petitioner may reschedule a certain hearing;
81 requiring that certain testimony be recorded;
82 authorizing, rather than requiring, a local hearing
83 officer to require a petitioner to pay certain costs;
84 requiring a school district that operates a school bus
85 infraction detection system annually to report the
86 results of such systems at a meeting of the school
87 board; providing requirements for such meeting;
88 prohibiting certain arguments in a proceeding
89 challenging certain traffic violations; prohibiting a
90 school district from operating school bus infraction
91 detection systems under certain circumstances;
92 requiring certain school districts to submit a certain
93 report to the department annually, rather than
94 quarterly; requiring the department to publish certain
95 reports on its website; deleting obsolete provisions;
96 conforming provisions to changes made by the act;
97 amending s. 316.1896, F.S.; revising the periods for
98 which a county or municipality may authorize a traffic
99 infraction enforcement officer to issue certain
100 uniform traffic citations; prohibiting the enforcement
101 of a school zone speed limit through the use of a
102 speed detection system under certain circumstances;
103 revising the period within which a person may take
104 certain action after receiving a notice of violation;
105 prohibiting an individual from receiving a commission
106 or per-ticket fee from certain revenue; prohibiting a
107 manufacturer or vendor of speed detection systems from
108 receiving certain fees or remuneration; providing that
109 certain hearings may be conducted either virtually or
110 in person; deleting an obsolete provision; deleting a
111 provision authorizing the department to require
112 quarterly submission of certain data components;
113 requiring the department to publish certain reports on
114 its website; conforming provisions to changes made by
115 the act; reordering and amending s. 316.1906, F.S.;
116 conforming provisions to changes made by the act;
117 making a technical change; amending ss. 316.640,
118 316.650, and 318.15, F.S.; conforming provisions to
119 changes made by the act; amending s. 318.18, F.S.;
120 prohibiting an individual from receiving a commission
121 or per-ticket fee from certain revenue; prohibiting a
122 manufacturer or vendor of speed detection systems from
123 receiving certain fees or remuneration; providing
124 exceptions to requirements that certain civil
125 penalties be remitted to school districts; conforming
126 provisions to changes made by the act; amending s.
127 320.02, F.S.; authorizing the department to withhold
128 registration or reregistration of a motor vehicle
129 under certain circumstances; amending s. 322.27, F.S.;
130 conforming provisions to changes made by the act;
131 amending s. 775.15, F.S.; providing that a 1-year
132 period of limitation for certain noncriminal
133 violations resets upon receipt of certain affidavits;
134 amending s. 1006.21, F.S.; conforming a provision to
135 changes made by the act; reenacting s. 318.121, F.S.,
136 relating to preemption of additional fees, fines,
137 surcharges, and costs, to incorporate the amendment
138 made to s. 318.18, F.S., in a reference thereto;
139 providing an effective date.
140
141 Be It Enacted by the Legislature of the State of Florida:
142
143 Section 1. Subsection (6) of section 28.37, Florida
144 Statutes, is amended to read:
145 28.37 Fines, fees, service charges, and costs remitted to
146 the state.—
147 (6) Ten percent of all court-related fines collected by the
148 clerk, except for penalties or fines distributed to counties or
149 municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a),
150 must be deposited into the fine and forfeiture fund to be used
151 exclusively for clerk court-related functions, as provided in s.
152 28.35(3)(a).
153 Section 2. Subsections (38) and (84) of section 316.003,
154 Florida Statutes, are amended to read:
155 316.003 Definitions.—The following words and phrases, when
156 used in this chapter, shall have the meanings respectively
157 ascribed to them in this section, except where the context
158 otherwise requires:
159 (38) LOCAL HEARING OFFICER.—The person, designated by a
160 department, county, or municipality, or school district that
161 elects to authorize traffic infraction enforcement officers to
162 issue traffic citations under s. 316.0083(1)(a), s.
163 316.173(1)(f), or s. 316.1896(1) ss. 316.0083(1)(a) and
164 316.1896(1), who is authorized to conduct hearings related to a
165 notice of violation issued pursuant to s. 316.0083, s. 316.173,
166 or s. 316.1896. A The charter county, noncharter county, or
167 municipality may use its currently appointed code enforcement
168 board or special magistrate to serve as the local hearing
169 officer. A school district may appoint an attorney who is, and
170 has been for the preceding 5 years, a member in good standing of
171 The Florida Bar to serve as the local hearing officer or may
172 enter into an interlocal agreement to use the local hearing
173 officer of the county. The department may enter into an
174 interlocal agreement to use the local hearing officer of a
175 county or municipality.
176 (84) SPEED DETECTION SYSTEM.—A portable or fixed automated
177 system used to detect a motor vehicle’s speed using radar or
178 LiDAR and to capture a photograph or video of the rear of a
179 motor vehicle that exceeds the speed limit in a school zone
180 during the times listed in s. 316.1895(5) force at the time of
181 the violation.
182 Section 3. Paragraphs (a) and (b) of subsection (9) of
183 section 316.008, Florida Statutes, are amended to read:
184 316.008 Powers of local authorities.—
185 (9)(a) A county or municipality may enforce the applicable
186 speed limit on a roadway properly maintained as a school zone
187 pursuant to s. 316.1895 during the times listed in s.
188 316.1895(5):
189 1. Within 30 minutes before through 30 minutes after the
190 start of a regularly scheduled breakfast program;
191 2. Within 30 minutes before through 30 minutes after the
192 start of a regularly scheduled school session;
193 3. During the entirety of a regularly scheduled school
194 session; and
195 4. Within 30 minutes before through 30 minutes after the
196 end of a regularly scheduled school session
197
198 through the use of a speed detection system for the detection of
199 speed and capturing of photographs or videos for violations in
200 excess of 10 miles per hour over the school zone speed limit in
201 force at the time of the violation. A school zone’s compliance
202 with s. 316.1895 creates a rebuttable presumption that the
203 school zone is properly maintained. The school zone speed limit
204 may not be enforced through the use of a speed detection system
205 if any flashing beacon used to provide notice of the times
206 during which a restrictive school speed limit is being enforced
207 in the school zone is not activated at the time of the
208 violation.
209 (b) A county or municipality may place or install, or
210 contract with a vendor to place or install, a speed detection
211 system within a roadway maintained as a school zone as provided
212 in s. 316.1895 to enforce school zone unlawful speed limit
213 violations, as specified in s. 316.1895(10), which are in excess
214 of 10 miles per hour over the school zone speed limit or s.
215 316.183, on that roadway.
216 Section 4. Paragraph (a) of subsection (1) and subsections
217 (2), (4), and (5) of section 316.0083, Florida Statutes, are
218 amended, and subsection (6) is added to that section, to read:
219 316.0083 Mark Wandall Traffic Safety Program;
220 administration; report.—
221 (1)(a) For purposes of administering this section, the
222 department, a county, or a municipality may authorize a traffic
223 infraction enforcement officer under s. 316.640 to issue a
224 traffic citation for a violation of s. 316.074(1) or s.
225 316.075(1)(c)1. A notice of violation and a traffic citation may
226 not be issued for failure to stop at a red light if the driver
227 is making a right-hand turn in a careful and prudent manner at
228 an intersection where right-hand turns are permissible. A notice
229 of violation and a traffic citation may not be issued under this
230 section if the driver of the vehicle came to a complete stop
231 after crossing the stop line and before turning right if
232 permissible at a red light, but failed to stop before crossing
233 over the stop line or other point at which a stop is required.
234 This paragraph does not prohibit a review of information from a
235 traffic infraction detector by an authorized employee or agent
236 of the department, a county, or a municipality before issuance
237 of the traffic citation by the traffic infraction enforcement
238 officer. This paragraph does not prohibit the department, a
239 county, or a municipality from issuing notification as provided
240 in paragraph (b) to the registered owner of the motor vehicle
241 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
242 (2) A notice of violation and a traffic citation may not be
243 issued under this section for failure to stop at a red light if
244 the driver is making a right-hand turn in a careful and prudent
245 manner at an intersection where right-hand turns are
246 permissible. For purposes of this subsection, the term “careful
247 and prudent manner” means that the driver made a right-hand turn
248 after coming to a complete stop and without interfering with the
249 operation of any oncoming vehicular traffic or pedestrians in a
250 crosswalk.
251 (4)(a)1. A county or municipality that desires to have one
252 or more traffic infraction detectors placed or installed on or
253 after July 1, 2025, in an area where no traffic infraction
254 detectors are currently placed or installed must enact an
255 ordinance in order to authorize the placement or installation
256 of, or to authorize contracting with a vendor for the placement
257 or installation of, one or more traffic infraction detectors to
258 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the
259 public hearing on such proposed ordinance, the county or
260 municipality must consider traffic data or other evidence
261 supporting the installation and operation of each traffic
262 infraction detector, and the county or municipality must
263 determine that the intersection at which a traffic infraction
264 detector is to be placed or installed constitutes a heightened
265 safety risk that warrants additional enforcement measures.
266 2. A county or municipality that operates one or more
267 traffic infraction detectors must annually report the results of
268 all traffic infraction detectors within the county’s or
269 municipality’s jurisdiction by placing the annual report to the
270 department required under paragraph (b) as a single reporting
271 item on the agenda of a regular or special meeting of the
272 county’s or municipality’s governing body. Before a county or
273 municipality contracts or renews a contract to place or install
274 one or more traffic infraction detectors, the county or
275 municipality must approve the contract or contract renewal at a
276 regular or special meeting of the county’s or municipality’s
277 governing body.
278 a. Interested members of the public must be allowed to
279 comment regarding the report, contract, or contract renewal
280 under the county’s or municipality’s public comment policies or
281 procedures formats, and the report, contract, or contract
282 renewal may not be considered as part of a consent agenda.
283 b. The report required under this subparagraph must include
284 a written summary, which must be read aloud at the regular or
285 special meeting, and the summary must contain, for the same time
286 period pertaining to the annual report to the department
287 required under paragraph (b), the number of notices of violation
288 issued, the number that were contested, the number that were
289 upheld, the number that were dismissed, the number that were
290 issued as uniform traffic citations, and the number that were
291 paid and how collected funds were distributed and in what
292 amounts. The county or municipality must report to the
293 department that the county’s or municipality’s annual report was
294 considered in accordance with this subparagraph, including the
295 date of the regular or special meeting at which the annual
296 report was considered.
297 3. The compliance or sufficiency of compliance with this
298 paragraph may not be raised in a proceeding challenging a
299 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a
300 traffic infraction detector.
301 4. A county or municipality that does not comply with this
302 paragraph may not operate is suspended from operating traffic
303 infraction detectors under this subsection until such
304 noncompliance is corrected.
305 (b) Each county or municipality that operates a traffic
306 infraction detector shall submit a report by October 1,
307 annually, to the department which details the results of using
308 the traffic infraction detector and the procedures for
309 enforcement for the preceding state fiscal year. The information
310 submitted by the counties and municipalities must include:
311 1. The number of notices of violation issued, the number
312 that were contested, the number that were upheld, the number
313 that were dismissed, the number that were issued as uniform
314 traffic citations, the number that were paid, and the number in
315 each of the preceding categories for which the notice of
316 violation was issued for a right-hand turn violation.
317 2. A description of alternative safety countermeasures
318 taken before and after the placement or installation of a
319 traffic infraction detector.
320 3. Statistical data and information required by the
321 department to complete the summary report required under
322 paragraph (d) (c).
323
324 The department shall must publish on its website each report
325 submitted by a county or municipality pursuant to this paragraph
326 on its website.
327 (c) Each county or municipality that operates a traffic
328 infraction detector is responsible for and shall maintain its
329 respective data for reporting purposes under this subsection for
330 at least 2 years after such data is reported to the department.
331 (d) On or before December 31, annually, the department
332 shall provide a summary report to the Governor, the President of
333 the Senate, and the Speaker of the House of Representatives
334 regarding the use and operation of traffic infraction detectors
335 under this section, along with the department’s recommendations
336 and any recommended necessary legislation. The summary report
337 must include a review of the information submitted to the
338 department by the counties and municipalities and must describe
339 the enhancement of the traffic safety and enforcement programs.
340 (5) Procedures for a hearing under this section are as
341 follows:
342 (a) The department shall publish and make available
343 electronically to each county and municipality a model Request
344 for Hearing form to assist each county and municipality local
345 government administering this section.
346 (b) The charter county, noncharter county, or municipality
347 electing to authorize traffic infraction enforcement officers to
348 issue traffic citations under paragraph (1)(a) shall designate
349 by resolution existing staff to serve as the clerk to the local
350 hearing officer.
351 (c) Any person, herein referred to as the “petitioner,” who
352 elects to request a hearing under paragraph (1)(b) must shall be
353 scheduled for a hearing. The hearing may be conducted either
354 virtually through live video conferencing or in person. The
355 clerk to the local hearing officer shall provide the petitioner
356 with notice of the hearing, including the option for a virtual
357 or in-person hearing, which must by the clerk to the local
358 hearing officer to appear before a local hearing officer with
359 notice to be sent by first-class mail. Upon receipt of the
360 notice, the petitioner may reschedule the hearing up to two
361 times once by submitting a written request to reschedule to the
362 clerk to the local hearing officer, at least 5 calendar days
363 before the day of the originally scheduled hearing. The
364 petitioner may cancel his or her appearance before the local
365 hearing officer by paying the penalty assessed under paragraph
366 (1)(b), plus $50 in administrative costs, before the start of
367 the hearing.
368 (6)(a)1. A traffic infraction detector may not be used for
369 remote surveillance. The collection of evidence by a traffic
370 infraction detector to enforce violations of s. 316.074(1) or s.
371 316.075(1)(c)1. does not constitute remote surveillance.
372 2. Video and images recorded by a traffic infraction
373 detector may be used only for the enforcement of violations of
374 s. 316.074(1) or s. 316.075(1)(c)1. and for purposes of
375 determining criminal or civil liability for incidents captured
376 by the traffic infraction detector incidental to the permissible
377 use of a traffic infraction detector.
378 3. To the extent practicable, a traffic infraction detector
379 must use necessary technology to ensure that personal
380 identifying information contained in the video and images
381 recorded by the traffic infraction detector which is not
382 relevant to the alleged violation is sufficiently obscured so as
383 to not reveal such personal identifying information.
384 4. A notice of violation or a uniform traffic citation
385 issued under this section may not be dismissed solely because
386 the recorded video or images reveal personal identifying
387 information as provided in subparagraph 3. as long as a
388 reasonable effort has been made to comply with this subsection.
389 (b) Any recorded video or image obtained through the use of
390 a traffic infraction detector must be destroyed within 90 days
391 after the final disposition of the recorded event. The vendor of
392 the traffic infraction detector must provide the county or
393 municipality with written notice by December 31 of each year
394 that such records have been destroyed in accordance with this
395 paragraph.
396 (c) Notwithstanding any other law, motor vehicle
397 registration and owner information obtained as the result of the
398 operation of a traffic infraction detector is not the property
399 of the manufacturer or vendor of the traffic infraction detector
400 and may be used only for purposes authorized in this section.
401 Section 5. Section 316.00831, Florida Statutes, is
402 repealed.
403 Section 6. Section 316.07456, Florida Statutes, is amended
404 to read:
405 316.07456 Traffic infraction detectors; specifications
406 Transitional implementation.—Any traffic infraction detector
407 deployed on the highways, streets, and roads of this state must
408 meet specifications established by the Department of
409 Transportation, and must be tested at regular intervals
410 according to specifications prescribed by the Department of
411 Transportation. The Department of Transportation must establish
412 such specifications on or before December 31, 2010. However, any
413 such equipment acquired by purchase, lease, or other arrangement
414 under an agreement entered into by a county or municipality on
415 or before July 1, 2011, or equipment used to enforce an
416 ordinance enacted by a county or municipality on or before July
417 1, 2011, is not required to meet the specifications established
418 by the Department of Transportation until July 1, 2011.
419 Section 7. Paragraph (b) of subsection (2) and subsection
420 (3) of section 316.0776, Florida Statutes, are amended to read:
421 316.0776 Traffic infraction detectors; speed detection
422 systems; placement and installation.—
423 (2)
424 (b) If the department, county, or municipality begins a
425 traffic infraction detector program in a county or municipality
426 that has never conducted such a program, the respective
427 department, county, or municipality must shall also make a
428 public announcement and conduct a public awareness campaign of
429 the proposed use of traffic infraction detectors at least 30
430 days before commencing the enforcement program. During the 30
431 day public awareness campaign, only a warning may be issued to
432 the registered owner of a motor vehicle for a violation of s.
433 316.074(1) or s. 316.075(1)(c)1. enforced by a traffic
434 infraction detector, and a penalty may not be imposed pursuant
435 to s. 318.18(16)(a)2. or 3.
436 (3) A speed detection system authorized by s. 316.008(9)
437 may be placed or installed in a school zone on a state road when
438 permitted by the Department of Transportation and in accordance
439 with placement and installation specifications developed by the
440 Department of Transportation. The speed detection system may be
441 placed or installed in a school zone on a street or highway
442 under the jurisdiction of a county or a municipality in
443 accordance with placement and installation specifications
444 established by the Department of Transportation. The Department
445 of Transportation must establish such placement and installation
446 specifications by December 31, 2023.
447 (a) If a county or municipality places or installs a speed
448 detection system as authorized by s. 316.008(9), the county or
449 municipality must notify the public that a speed detection
450 system may be in use by posting signage indicating photographic
451 or video enforcement of the school zone speed limits. Such
452 signage must shall clearly designate the time period during
453 which the school zone speed limits are enforced using a speed
454 detection system and must meet the placement and installation
455 specifications established by the Department of Transportation.
456 For a speed detection system enforcing violations of s. 316.1895
457 or s. 316.183 on a roadway maintained as a school zone, this
458 paragraph governs the signage notifying the public of the use of
459 a speed detection system.
460 (b) If a county or municipality begins a school zone speed
461 detection system program in a county or municipality that has
462 never conducted such a program, the respective county or
463 municipality must make a public announcement and conduct a
464 public awareness campaign of the proposed use of speed detection
465 systems at least 30 days before commencing enforcement under the
466 speed detection system program and must notify the public of the
467 specific date on which the program will commence. During the 30
468 day public awareness campaign, only a warning may be issued to
469 the registered owner of a motor vehicle for a violation of s.
470 316.1895 or s. 316.183 enforced by a speed detection system, and
471 liability may not be imposed for the civil penalty under s.
472 318.18(3)(d).
473 (c) A county or municipality that operates one or more
474 school zone speed detection systems shall must annually report
475 the results of all systems within the county’s or municipality’s
476 jurisdiction by placing the report required under s.
477 316.1896(16)(a) as a single reporting item on the agenda of a
478 regular or special meeting of the county’s or municipality’s
479 governing body. Before a county or municipality contracts or
480 renews a contract to place or install a speed detection system
481 in a school zone pursuant to s. 316.008(9), the county or
482 municipality must approve the contract or contract renewal at a
483 regular or special meeting of the county’s or municipality’s
484 governing body.
485 1. Interested members of the public must be allowed to
486 comment regarding the report, contract, or contract renewal
487 under the county’s or municipality’s public comment policies or
488 procedures formats, and the report, contract, or contract
489 renewal may not be considered as part of a consent agenda.
490 2. The report required under this paragraph must include a
491 written summary, which must be read aloud at the regular or
492 special meeting, and the summary must contain, for the same time
493 period pertaining to the annual report to the department under
494 s. 316.1896(16)(a), the number of notices of violation issued,
495 the number that were contested, the number that were upheld, the
496 number that were dismissed, the number that were issued as
497 uniform traffic citations, and the number that were paid and how
498 collected funds were distributed and in what amounts. The county
499 or municipality shall must report to the department that the
500 county’s or municipality’s annual report was considered in
501 accordance with this paragraph, including the date of the
502 regular or special meeting at which the annual report was
503 considered.
504 3. The compliance or sufficiency of compliance with this
505 paragraph may not be raised in a proceeding challenging a
506 violation of s. 316.1895 or s. 316.183 enforced by a speed
507 detection system in a school zone.
508 4. A county or municipality that does not comply with this
509 paragraph may not operate a speed detection system under this
510 section until such noncompliance is corrected.
511 Section 8. Subsection (1), paragraph (c) of subsection (2),
512 and subsections (4), (6), (18), and (19) of section 316.173,
513 Florida Statutes, are amended to read:
514 316.173 School bus infraction detection systems.—
515 (1)(a) A school district may install and operate a school
516 bus infraction detection system on a school bus for the purpose
517 of enforcing s. 316.172(1)(a) and (b) as provided in and
518 consistent with this section.
519 (b) A school district that desires to install one or more
520 school bus infraction detection systems on school buses in its
521 fleet must have specific authorization from the district school
522 board to place or install, or contract with a vendor to install,
523 operate, and maintain, school bus infraction detection systems
524 to enforce s. 316.172(1)(a) and (b). As part of a public hearing
525 held by the school board on such authorization, the school board
526 shall consider traffic data or other evidence supporting the
527 installation and operation of each school bus infraction
528 detection system, and the school board shall determine whether
529 the school bus route for which each school bus infraction
530 detection system is to be placed or installed constitutes a
531 heightened safety risk that warrants additional enforcement
532 measures. Interested members of the public must be allowed to
533 comment regarding a contract or renewal of a contract for the
534 installation, operation, and maintenance of school bus
535 infraction detection systems under the school board’s public
536 comment policies or procedures, and the contract or contract
537 renewal may not be considered as part of a consent agenda.
538 (c) After an affirmative vote from the school board
539 authorizing such a contract, the school district may enter into
540 a contract with a private vendor or manufacturer to install a
541 school bus infraction detection system on any school bus in
542 within its fleet, whether owned, contracted, or leased, and for
543 services including, but not limited to, the installation,
544 operation, and maintenance of the system. The school district’s
545 decision to install school bus infraction detection systems must
546 be based solely on the need to increase public safety. An
547 individual may not receive a commission from any revenue
548 collected from violations detected through the use of a school
549 bus infraction detection system. A private vendor or
550 manufacturer may not receive a fee or remuneration based upon
551 the number of violations detected through the use of a school
552 bus infraction detection system. This paragraph may not be
553 construed to prohibit a private vendor or manufacturer from
554 receiving a fixed amount of collected proceeds for service
555 rendered in relation to the installation, operation, or
556 maintenance of school bus infraction detection systems.
557 (d)(c) The school district shall must ensure that each
558 school bus infraction detection system meets the requirements of
559 subsection (19).
560 (e)(d) Before beginning its school bus infraction detection
561 system program, a the school district must enter into an
562 interlocal agreement with one or more law enforcement agencies
563 authorized to enforce violations of s. 316.172(1)(a) and (b)
564 within the school district which jointly establishes the
565 responsibilities of enforcement and the reimbursement of costs
566 associated with school bus infraction detection systems
567 consistent with this section.
568 (f) For purposes of administering this section, a law
569 enforcement agency may authorize a traffic infraction
570 enforcement officer under s. 316.640 to issue uniform traffic
571 citations for violations of s. 316.172(1)(a) and (b). This
572 paragraph does not prohibit the review of information from a
573 school bus infraction detection system by an authorized employee
574 or agent of the school district or law enforcement agency before
575 issuance of the traffic citation by the traffic infraction
576 enforcement officer. This paragraph does not prohibit the law
577 enforcement agency or its designee from issuing a notification
578 as provided in subsection (5) to the registered owner of the
579 motor vehicle involved in the violation of s. 316.172(1)(a) or
580 (b).
581 (2)
582 (c) The sufficiency of signage or compliance with the
583 signage requirements under this subsection may not be raised in
584 a proceeding challenging a violation of s. 316.172(1)(a) or (b).
585 (4) Within 30 days after an alleged violation of s.
586 316.172(1)(a) or (b) is recorded by a school bus infraction
587 detection system, the school district or the private vendor or
588 manufacturer under paragraph (1)(c) (1)(b) must submit the
589 following information to a law enforcement agency that has
590 entered into an interlocal agreement with the school district
591 pursuant to paragraph (1)(e) (1)(d) and has traffic infraction
592 enforcement jurisdiction at the location where the alleged
593 violation occurred:
594 (a) A copy of the recorded video and images showing the
595 motor vehicle allegedly violating s. 316.172(1)(a) or (b).
596 (b) The motor vehicle’s license plate number and the state
597 of issuance of the motor vehicle’s license plate.
598 (c) The date, time, and location of the alleged violation.
599 (6)(a) A local hearing officer appointed by the school
600 district or county shall administer a an administrative hearing
601 process for a contested notice of violation. The school district
602 may appoint an attorney who is, and has been for the preceding 5
603 years, a member in good standing with The Florida Bar to serve
604 as a local hearing officer. The county in which a school
605 district has entered into an interlocal agreement with a law
606 enforcement agency to issue uniform traffic citations may
607 designate by resolution existing staff to serve as clerk to the
608 local hearing officer. At the administrative hearing, the local
609 hearing officer shall determine whether a violation of s.
610 316.172(1)(a) or (b) has occurred. If the local hearing officer
611 finds by a preponderance of the evidence that a violation has
612 occurred, the local hearing officer must uphold the notice of
613 violation and require the petitioner to pay the penalty
614 previously assessed under s. 318.18(5). The local hearing
615 officer may shall also require the petitioner to pay costs
616 consistent with this subsection.
617 (b) Procedures for a an administrative hearing conducted
618 under this subsection are as follows:
619 1. The department shall make available electronically to
620 the school district or its designee or the county a Request for
621 Hearing form to assist each district or county with
622 administering this subsection.
623 2. A person, referred to in this paragraph as the
624 petitioner, who elects to request a hearing under this
625 subsection must shall be scheduled for a hearing. The hearing
626 may be conducted either virtually through via live video
627 conferencing or in person.
628 3. The clerk to the local hearing officer shall provide the
629 petitioner with notice of the hearing, including the option for
630 a virtual or in-person hearing, which must be sent Within 120
631 days after receipt of a timely request for a hearing, the law
632 enforcement agency or its designee shall provide a replica of
633 the notice of violation data to the school district or county by
634 manual or electronic transmission, and thereafter the school
635 district or its designee or the county shall mail a notice of
636 hearing, which shall include a hearing date and may at the
637 discretion of the district or county include virtual and in
638 person hearing options, to the petitioner by first-class mail.
639 Mailing of the notice of hearing constitutes notification. Upon
640 receipt of the notice of hearing, the petitioner may reschedule
641 the hearing up to two times once by submitting a written request
642 to the local hearing officer at least 5 calendar days before the
643 day of the originally scheduled hearing. The petitioner may
644 cancel his or her hearing by paying the penalty assessed in the
645 notice of violation.
646 4. All testimony at the hearing must shall be under oath
647 and recorded. The local hearing officer shall take testimony
648 from a representative of the law enforcement agency and the
649 petitioner, and may take testimony from others. The local
650 hearing officer shall review the video and images recorded by a
651 school bus infraction detection system. Formal rules of evidence
652 do not apply, but due process shall be observed and govern the
653 proceedings.
654 5. At the conclusion of the hearing, the local hearing
655 officer shall determine by a preponderance of the evidence
656 whether a violation has occurred and shall uphold or dismiss the
657 violation. The local hearing officer shall issue a final
658 administrative order including the determination and, if the
659 notice of violation is upheld, must require the petitioner to
660 pay the civil penalty previously assessed in the notice of
661 violation, and may shall also require the petitioner to pay
662 costs, not to exceed those established in s. 316.0083(5)(e), to
663 be used by the county for operational costs relating to the
664 hearing process or by the school district for technology and
665 operational costs relating to the hearing process as well as
666 school transportation safety-related initiatives. The final
667 administrative order must shall be mailed to the petitioner by
668 first-class mail.
669 6. An aggrieved party may appeal a final administrative
670 order consistent with the process provided in s. 162.11.
671 (c) Any hearing for a contested notice of violation that
672 has not been conducted before July 1, 2025, may be conducted
673 pursuant to the procedures in this subsection within 1 year
674 after such date.
675 (18)(a)1. A school district that operates one or more
676 school bus infraction detection systems shall annually report
677 the results of all such systems operated within the school
678 district by placing the annual report to the department required
679 under paragraph (b) as a single reporting item on the agenda of
680 a regular or special meeting of the school board.
681 2. Interested members of the public must be allowed to
682 comment regarding the report under the school board’s public
683 comment policies or procedures, and the report may not be
684 considered as part of a consent agenda.
685 3. The report required under this paragraph must include a
686 written summary, which must be read aloud at the regular or
687 special meeting, and the summary must contain, for the same time
688 period as the annual report to the department under paragraph
689 (b), the number of school buses that have a school bus
690 infraction detection system installed, including the date of
691 installation and, if applicable, the date the systems were
692 removed; the number of notices of violations issued and the
693 number that were contested, the number that were upheld, the
694 number that were dismissed, the number that were issued as
695 uniform traffic citations, and the number that were paid; and
696 the manner in which collected funds were distributed and in what
697 amounts.
698 4. The compliance or sufficiency of compliance with this
699 paragraph may not be raised in a proceeding challenging a
700 violation of s. 316.172(a) or (b) enforced by a school bus
701 infraction detection system.
702 5. A school district that does not comply with this
703 paragraph may not operate school bus infraction detection
704 systems under this section until such noncompliance is
705 corrected.
706 (b) By October 1, annually 2023, and quarterly thereafter,
707 each school district operating a school bus infraction detection
708 system shall must submit, in consultation with the law
709 enforcement agencies with which it has interlocal agreements
710 pursuant to this section, a report to the department which
711 details the results of the school bus infraction detection
712 systems in the school district during the preceding state fiscal
713 year in the preceding quarter. The information from the school
714 districts must be submitted in a form and manner determined by
715 the department, which the department must make available to the
716 school districts by August 1, 2023, and must include at least
717 the following:
718 1. The number of school buses that have a school bus
719 infraction detection system installed, including the date of
720 installation and, if applicable, the date the systems were
721 removed.
722 2. The number of notices of violations issued, the number
723 that were contested, the number that were upheld, the number
724 that were dismissed, the number that were issued as uniform
725 traffic citations, and the number that were paid.
726 3. Data for each infraction to determine locations in need
727 of safety improvements. Such data may include, but is not
728 limited to, global positioning system coordinates of the
729 infraction, the date and time of the infraction, and the name of
730 the school that the school bus was transporting students to or
731 from.
732 4. Any other statistical data and information required by
733 the department to complete the report required by paragraph (c).
734
735 The department shall publish on its website each report
736 submitted by a school district pursuant to this paragraph.
737 (c)(b) Each school district that operates a school bus
738 infraction detection system is responsible for and shall must
739 maintain its respective data for reporting purposes under this
740 subsection for at least 2 years after such data is reported to
741 the department.
742 (d)(c) On or before December 31, 2024, and annually
743 thereafter, the department shall submit a summary report to the
744 Governor, the President of the Senate, and the Speaker of the
745 House of Representatives regarding the use and operation of
746 school bus infraction detection systems under this section,
747 along with the department’s recommendations and any recommended
748 legislation. The summary report must include a review of the
749 information submitted to the department by the school districts
750 and must describe the enhancement of traffic safety and
751 enforcement programs.
752 (19) A school bus infraction detection system must meet
753 specifications established by the State Board of Education and
754 must be tested at regular intervals according to specifications
755 prescribed by state board rule. The state board must establish
756 such specifications by rule on or before December 31, 2023.
757 However, any such equipment acquired by purchase, lease, or
758 other arrangement under an agreement entered into by a school
759 district on or before December 31, 2023, is not required to meet
760 the specifications established by the state board until July 1,
761 2024.
762 Section 9. Subsection (1), paragraphs (b) and (c) of
763 subsection (2), subsections (3), (5) through (9), (12), and
764 (13), paragraph (c) of subsection (14), paragraph (a) of
765 subsection (15), and paragraphs (a) and (c) of subsection (16)
766 of section 316.1896, Florida Statutes, are amended to read:
767 316.1896 Roadways maintained as school zones; speed
768 detection system enforcement; penalties; appeal procedure;
769 privacy; reports.—
770 (1) For purposes of administering this section, a county or
771 municipality may authorize a traffic infraction enforcement
772 officer under s. 316.640 to issue uniform traffic citations for
773 violations of s. 316.1895 during the times listed in s.
774 316.1895(5) ss. 316.1895 and 316.183 as authorized by s.
775 316.008(9), as follows:
776 (a) For a violation of s. 316.1895 in excess of 10 miles
777 per hour over the school zone speed limit which occurs within 30
778 minutes before through 30 minutes after the start of a regularly
779 scheduled breakfast program.
780 (b) For a violation of s. 316.1895 in excess of 10 miles
781 per hour over the school zone speed limit which occurs within 30
782 minutes before through 30 minutes after the start of a regularly
783 scheduled school session.
784 (c) For a violation of s. 316.183 in excess of 10 miles per
785 hour over the posted speed limit during the entirety of a
786 regularly scheduled school session.
787 (d) For a violation of s. 316.1895 in excess of 10 miles
788 per hour over the school zone speed limit which occurs within 30
789 minutes before through 30 minutes after the end of a regularly
790 scheduled school session.
791
792 Such violation must be evidenced by a speed detection system
793 described in ss. 316.008(9) and 316.0776(3). This subsection
794 does not prohibit a review of information from a speed detection
795 system by an authorized employee or agent of a county or
796 municipality before issuance of the uniform traffic citation by
797 the traffic infraction enforcement officer. This subsection does
798 not prohibit a county or municipality from issuing notices as
799 provided in subsection (2) to the registered owner of the motor
800 vehicle for a violation of s. 316.1895. The school zone speed
801 limit may not be enforced through the use of a speed detection
802 system if any flashing beacon used to provide notice of the
803 times during which a restrictive school speed limit is being
804 enforced in the school zone is not activated at the time of the
805 violation or s. 316.183.
806 (2) Within 30 days after a violation, notice must be sent
807 to the registered owner of the motor vehicle involved in the
808 violation specifying the remedies available under s. 318.14 and
809 that the violator must pay the penalty under s. 318.18(3)(d) to
810 the county or municipality, or furnish an affidavit in
811 accordance with subsection (8), within 30 days after the date of
812 the notice of violation in order to avoid court fees, costs, and
813 the issuance of a uniform traffic citation. The notice of
814 violation must:
815 (b) Include a photograph or other recorded image showing
816 the license plate of the motor vehicle; the date, time, and
817 location of the violation; the maximum speed at which the motor
818 vehicle was traveling within the school zone; and the speed
819 limit within the school zone at the time of the violation.
820 (c) Include a notice that the owner has the right to
821 review, in person or remotely, the photograph or video captured
822 by the speed detection system and the evidence of the speed of
823 the motor vehicle detected by the speed detection system which
824 constitute a rebuttable presumption that the motor vehicle was
825 used in violation of s. 316.1895 or s. 316.183.
826 (3) Notwithstanding any other law, a person who receives a
827 notice of violation under this section may request a hearing
828 within 60 30 days after the notice of violation or may pay the
829 penalty pursuant to the notice of violation, but a payment or
830 fee may not be required before the hearing requested by the
831 person. The notice of violation must be accompanied by, or
832 direct the person to a website that provides, information on the
833 person’s right to request a hearing and on all costs related
834 thereto and a form used for requesting a hearing. As used in
835 this subsection, the term “person” includes a natural person,
836 the registered owner or co-owner of a motor vehicle, or the
837 person identified in an affidavit as having actual care,
838 custody, or control of the motor vehicle at the time of the
839 violation.
840 (5) Penalties assessed and collected by the county or
841 municipality authorized to collect the funds provided for in
842 this section, less the amount retained by the county or
843 municipality pursuant to paragraphs (b) and (e) paragraph (b)
844 and paragraph (e) and the amount remitted to the county school
845 district pursuant to paragraph (d), must be paid to the
846 Department of Revenue weekly. Such payment must be made by means
847 of electronic funds transfer. In addition to the payment, a
848 detailed summary of the penalties remitted must be reported to
849 the Department of Revenue. Penalties to be assessed and
850 collected by the county or municipality as established in s.
851 318.18(3)(d) must be remitted as follows:
852 (a) Twenty dollars must be remitted to the Department of
853 Revenue for deposit into the General Revenue Fund.
854 (b) Sixty dollars must be retained by the county or
855 municipality and must be used to administer speed detection
856 systems in school zones and other public safety initiatives.
857 (c) Three dollars must be remitted to the Department of
858 Revenue for deposit into the Department of Law Enforcement
859 Criminal Justice Standards and Training Trust Fund.
860 (d) Twelve dollars must be remitted to the county school
861 district in which the violation occurred and must be used for
862 school security initiatives, for student transportation, or to
863 improve the safety of student walking conditions. Funds remitted
864 under this paragraph must be shared with charter schools in the
865 district based on each charter school’s proportionate share of
866 the district’s total unweighted full-time equivalent student
867 enrollment and must be used for school security initiatives or
868 to improve the safety of student walking conditions.
869 (e) Five dollars must be retained by the county or
870 municipality for the School Crossing Guard Recruitment and
871 Retention Program pursuant to s. 316.1894.
872
873 An individual may not receive a commission or per-ticket fee
874 from any revenue collected from violations detected through the
875 use of a speed detection system. A manufacturer or vendor of
876 speed detection systems may not receive a fee or remuneration
877 based upon the number of violations detected through the use of
878 a speed detection system.
879 (6) A uniform traffic citation must be issued by mailing
880 the uniform traffic citation by certified mail to the address of
881 the registered owner of the motor vehicle involved in the
882 violation if payment has not been made within 60 30 days after
883 notification under subsection (2), if the registered owner has
884 not requested a hearing as authorized under subsection (3), and
885 if the registered owner has not submitted an affidavit in
886 accordance with subsection (8).
887 (a) Delivery of the uniform traffic citation constitutes
888 notification of a violation under this subsection. If the
889 registered owner or co-owner of the motor vehicle; the person
890 identified as having care, custody, or control of the motor
891 vehicle at the time of the violation; or a duly authorized
892 representative of the owner, co-owner, or identified person
893 initiates a proceeding to challenge the citation pursuant to
894 this section, such person waives any challenge or dispute as to
895 the delivery of the uniform traffic citation.
896 (b) In the case of joint ownership of a motor vehicle, the
897 uniform traffic citation must be mailed to the first name
898 appearing on the motor vehicle registration, unless the first
899 name appearing on the registration is a business organization,
900 in which case the second name appearing on the registration may
901 be used.
902 (c) The uniform traffic citation mailed to the registered
903 owner of the motor vehicle involved in the infraction must be
904 accompanied by the information described in paragraphs (2)(b)
905 (d).
906 (7) The registered owner of the motor vehicle involved in
907 the violation is responsible and liable for paying the uniform
908 traffic citation issued for a violation of s. 316.1895 or s.
909 316.183 unless the owner can establish that:
910 (a) The motor vehicle was, at the time of the violation, in
911 the care, custody, or control of another person;
912 (b) A uniform traffic citation was issued by law
913 enforcement to the driver of the motor vehicle for the alleged
914 violation of s. 316.1895 or s. 316.183; or
915 (c) The motor vehicle’s owner was deceased on or before the
916 date of the alleged violation, as established by an affidavit
917 submitted by the representative of the motor vehicle owner’s
918 estate or other identified person or family member.
919 (8) To establish such facts under subsection (7), the
920 registered owner of the motor vehicle must, within 60 30 days
921 after the date of issuance of the notice of violation or the
922 uniform traffic citation, furnish to the appropriate
923 governmental entity an affidavit setting forth information
924 supporting an exception under subsection (7).
925 (a) An affidavit supporting the exception under paragraph
926 (7)(a) must include the name, address, date of birth, and, if
927 known, the driver license number of the person who leased,
928 rented, or otherwise had care, custody, or control of the motor
929 vehicle at the time of the alleged violation. If the motor
930 vehicle was stolen at the time of the alleged violation, the
931 affidavit must include the police report indicating that the
932 motor vehicle was stolen.
933 (b) If a uniform traffic citation for a violation of s.
934 316.1895 or s. 316.183 was issued at the location of the
935 violation by a law enforcement officer, the affidavit must
936 include the serial number of the uniform traffic citation.
937 (c) If the motor vehicle’s owner to whom a notice of
938 violation or a uniform traffic citation has been issued is
939 deceased, the affidavit must include a certified copy of the
940 owner’s death certificate showing that the date of death
941 occurred on or before the date of the alleged violation and one
942 of the following:
943 1. A bill of sale or other document showing that the
944 deceased owner’s motor vehicle was sold or transferred after his
945 or her death but on or before the date of the alleged violation.
946 2. Documented proof that the registered license plate
947 belonging to the deceased owner’s motor vehicle was returned to
948 the department or any branch office or authorized agent of the
949 department after his or her death but on or before the date of
950 the alleged violation.
951 3. A copy of the police report showing that the deceased
952 owner’s registered license plate or motor vehicle was stolen
953 after his or her death but on or before the date of the alleged
954 violation.
955
956 Upon receipt of the affidavit and documentation required under
957 paragraphs (b) and (c), or 60 30 days after the date of issuance
958 of a notice of violation sent to a person identified as having
959 care, custody, or control of the motor vehicle at the time of
960 the violation under paragraph (a), the county or municipality
961 must dismiss the notice or citation and provide proof of such
962 dismissal to the person who submitted the affidavit. If, within
963 30 days after the date of a notice of violation sent to a person
964 under subsection (9), the county or municipality receives an
965 affidavit under subsection (10) from the person sent a notice of
966 violation affirming that the person did not have care, custody,
967 or control of the motor vehicle at the time of the violation,
968 the county or municipality must notify the registered owner that
969 the notice or citation will not be dismissed due to failure to
970 establish that another person had care, custody, or control of
971 the motor vehicle at the time of the violation.
972 (9) Upon receipt of an affidavit under paragraph (8)(a),
973 the county or municipality may issue the person identified as
974 having care, custody, or control of the motor vehicle at the
975 time of the violation a notice of violation pursuant to
976 subsection (2) for a violation of s. 316.1895 or s. 316.183. The
977 affidavit is admissible in a proceeding pursuant to this section
978 for the purpose of providing evidence that the person identified
979 in the affidavit was in actual care, custody, or control of the
980 motor vehicle. The owner of a leased motor vehicle for which a
981 uniform traffic citation is issued for a violation of s.
982 316.1895 or s. 316.183 is not responsible for paying the uniform
983 traffic citation and is not required to submit an affidavit as
984 specified in subsection (8) if the motor vehicle involved in the
985 violation is registered in the name of the lessee of such motor
986 vehicle.
987 (12) The photograph or video captured by a speed detection
988 system and the evidence of the speed of the motor vehicle
989 detected by a speed detection system which are attached to or
990 referenced in the uniform traffic citation are evidence of a
991 violation of s. 316.1895 or s. 316.183 and are admissible in any
992 proceeding to enforce this section. The photograph or video and
993 the evidence of speed detected raise a rebuttable presumption
994 that the motor vehicle named in the report or shown in the
995 photograph or video was used in violation of s. 316.1895 or s.
996 316.183.
997 (13) This section supplements the enforcement of s.
998 316.1895 ss. 316.1895 and 316.183 by a law enforcement officer
999 and does not prohibit a law enforcement officer from issuing a
1000 uniform traffic citation for a violation of s. 316.1895 or s.
1001 316.183.
1002 (14) A hearing under this section must be conducted under
1003 the procedures established by s. 316.0083(5) and as follows:
1004 (c) A person, referred to in this subsection as the
1005 “petitioner,” who elects to request a hearing under subsection
1006 (3) must be scheduled for a hearing by the clerk to the local
1007 hearing officer. The hearing may be conducted either virtually
1008 through live video conferencing or in person. The clerk to the
1009 local hearing officer shall provide must furnish the petitioner
1010 with notice of the hearing, including the option for a virtual
1011 or in-person hearing, which must be sent by first-class mail.
1012 Upon receipt of the notice, the petitioner may reschedule the
1013 hearing up to two times by submitting a written request to
1014 reschedule to the clerk at least 5 calendar days before the day
1015 of the scheduled hearing. The petitioner may cancel his or her
1016 appearance before the local hearing officer by paying the
1017 penalty assessed under subsection (2), plus the administrative
1018 costs established in s. 316.0083(5)(c), before the start of the
1019 hearing.
1020 (15)(a) A speed detection system in a school zone may not
1021 be used for remote surveillance. The collection of evidence by a
1022 speed detection system to enforce violations of s. 316.1895 ss.
1023 316.1895 and 316.183, or user-controlled pan or tilt adjustments
1024 of speed detection system components, do not constitute remote
1025 surveillance. Recorded video or photographs collected by as part
1026 of a speed detection system in a school zone may only be used to
1027 document violations of s. 316.1895 ss. 316.1895 and 316.183 and
1028 for purposes of determining criminal or civil liability for
1029 incidents captured by the speed detection system incidental to
1030 the permissible use of the speed detection system.
1031 (16)(a) Each county or municipality that operates one or
1032 more speed detection systems shall must submit a report by
1033 October 1, 2024, and annually thereafter, to the department
1034 which identifies the public safety objectives used to identify a
1035 school zone for enforcement under this section, reports
1036 compliance with s. 316.0776(3)(c), and details the results of
1037 the speed detection system in the school zone during the
1038 preceding state fiscal year and the procedures for enforcement.
1039 The information from counties and municipalities must be
1040 submitted in a form and manner determined by the department,
1041 which the department must make available to the counties and
1042 municipalities by August 1, 2023, and the department may require
1043 data components to be submitted quarterly. The report must
1044 include at least the following:
1045 1. Information related to the location of each speed
1046 detection system, including the geocoordinates of the school
1047 zone, the directional approach of the speed detection system,
1048 the school name, the school level, the times the speed detection
1049 system was active, the restricted school zone speed limit
1050 enforced pursuant to s. 316.1895(5), the posted speed limit
1051 enforced at times other than those authorized by s. 316.1895(5),
1052 the date the systems were activated to enforce violations of s.
1053 316.1895 ss. 316.1895 and 316.183, and, if applicable, the date
1054 the systems were deactivated.
1055 2. The number of notices of violation issued, the number
1056 that were contested, the number that were upheld, the number
1057 that were dismissed, the number that were issued as uniform
1058 traffic citations, and the number that were paid.
1059 3. Any other statistical data and information related to
1060 the procedures for enforcement which is required by the
1061 department to complete the report required under paragraph (c).
1062
1063 The department shall publish on its website each report
1064 submitted by a county or municipality pursuant to this
1065 paragraph.
1066 (c) On or before December 31, 2024, and annually
1067 thereafter, the department shall must submit a summary report to
1068 the Governor, the President of the Senate, and the Speaker of
1069 the House of Representatives regarding the use of speed
1070 detection systems under this section, along with any recommended
1071 legislation legislative recommendations from the department. The
1072 summary report must include a review of the information
1073 submitted to the department by the counties and municipalities
1074 and must describe the enhancement of safety and enforcement
1075 programs.
1076 Section 10. Paragraph (d) of subsection (1) of section
1077 316.1906, Florida Statutes, is reordered and amended, and
1078 subsection (3) of that section is amended, to read:
1079 316.1906 Radar speed-measuring devices; speed detection
1080 systems; evidence, admissibility.—
1081 (1) DEFINITIONS.—
1082 (d) “Officer” means any:
1083 2.1. “Law enforcement officer” who is elected, appointed,
1084 or employed full time by any municipality or the state or any
1085 political subdivision thereof; who is vested with the authority
1086 to bear arms and make arrests; and whose primary responsibility
1087 is the prevention and detection of crime or the enforcement of
1088 the penal, criminal, traffic, or highway laws of the state;
1089 3.2. “Part-time law enforcement officer” who is employed or
1090 appointed less than full time, as defined by an employing
1091 agency, with or without compensation; who is vested with
1092 authority to bear arms and make arrests; and whose primary
1093 responsibility is the prevention and detection of crime or the
1094 enforcement of the penal, criminal, traffic, or highway laws of
1095 the state; or
1096 1.3. “Auxiliary law enforcement officer” who is employed or
1097 appointed, with or without compensation; who aids or assists a
1098 full-time or part-time law enforcement officer; and who, while
1099 under the direct supervision of a full-time or part-time law
1100 enforcement officer, has the authority to arrest and perform law
1101 enforcement functions; or
1102 4. “Traffic infraction enforcement officer” who is employed
1103 or appointed, with or without compensation, and satisfies the
1104 requirements of s. 316.640(5) and is vested with authority to
1105 enforce violations of s. 316.1895 ss. 316.1895 and 316.183
1106 pursuant to s. 316.1896.
1107 (3) A speed detection system is exempt from the design
1108 requirements for radar or LiDAR units established by the
1109 department. A speed detection system must have the ability to
1110 perform self-tests as to its detection accuracy. The system must
1111 perform a self-test at least once every 30 days. The law
1112 enforcement agency, or an agent acting on behalf of the law
1113 enforcement agency, operating a speed detection system must
1114 maintain a log of the results of the system’s self-tests. The
1115 law enforcement agency, or an agent acting on behalf of the law
1116 enforcement agency, operating a speed detection system must also
1117 perform an independent calibration test on the speed detection
1118 system at least once every 12 months. The self-test logs, as
1119 well as the results of the annual calibration test, are
1120 admissible in any court proceeding for a uniform traffic
1121 citation issued for a violation of s. 316.1895 or s. 316.183
1122 enforced pursuant to s. 316.1896. Notwithstanding subsection
1123 (2), evidence of the speed of a motor vehicle detected by a
1124 speed detection system compliant with this subsection and the
1125 determination by a traffic infraction enforcement officer that a
1126 motor vehicle is operating in excess of the applicable speed
1127 limit is admissible in any proceeding with respect to an alleged
1128 violation of law regulating the speed of motor vehicles in
1129 school zones.
1130 Section 11. Paragraph (a) of subsection (5) of section
1131 316.640, Florida Statutes, is amended to read:
1132 316.640 Enforcement.—The enforcement of the traffic laws of
1133 this state is vested as follows:
1134 (5)(a) Any sheriff’s department or police department of a
1135 municipality may employ, as a traffic infraction enforcement
1136 officer, any individual who successfully completes instruction
1137 in traffic enforcement procedures and court presentation through
1138 the Selective Traffic Enforcement Program as approved by the
1139 Division of Criminal Justice Standards and Training of the
1140 Department of Law Enforcement, or through a similar program, but
1141 who does not necessarily otherwise meet the uniform minimum
1142 standards established by the Criminal Justice Standards and
1143 Training Commission for law enforcement officers or auxiliary
1144 law enforcement officers under s. 943.13. Any such traffic
1145 infraction enforcement officer who observes the commission of a
1146 traffic infraction or, in the case of a parking infraction, who
1147 observes an illegally parked vehicle may issue a traffic
1148 citation for the infraction when, based upon personal
1149 investigation, he or she has reasonable and probable grounds to
1150 believe that an offense has been committed which constitutes a
1151 noncriminal traffic infraction as defined in s. 318.14. In
1152 addition, any such traffic infraction enforcement officer may
1153 issue a traffic citation under ss. 316.0083, 316.173, and
1154 316.1896 ss. 316.0083 and 316.1896. For purposes of enforcing
1155 ss. 316.074(1), 316.075(1)(c)1., 316.172(1)(a) and (b), and
1156 316.1895(10) ss. 316.0083, 316.1895, and 316.183, any sheriff’s
1157 department or police department of a municipality may designate
1158 employees as traffic infraction enforcement officers. The
1159 traffic infraction enforcement officers must be physically
1160 located in the county of the respective sheriff’s or police
1161 department.
1162 Section 12. Paragraph (c) of subsection (3) of section
1163 316.650, Florida Statutes, is amended to read:
1164 316.650 Traffic citations.—
1165 (3)
1166 (c) If a traffic citation is issued under s. 316.0083, s.
1167 316.173, or s. 316.1896, the traffic infraction enforcement
1168 officer must shall provide by electronic transmission a replica
1169 of the traffic citation data to the court having jurisdiction
1170 over the alleged offense or its traffic violations bureau within
1171 5 business days after the date of issuance of the traffic
1172 citation to the violator. If a hearing is requested, the traffic
1173 infraction enforcement officer must shall provide a replica of
1174 the traffic notice of violation data to the clerk to for the
1175 local hearing officer having jurisdiction over the alleged
1176 offense within 14 days.
1177 Section 13. Subsection (3) of section 318.15, Florida
1178 Statutes, is amended to read:
1179 318.15 Failure to comply with civil penalty or to appear;
1180 penalty.—
1181 (3) The clerk shall notify the department of persons who
1182 were mailed a notice of violation of s. 316.074(1) or s.
1183 316.075(1)(c)1. pursuant to s. 316.0083, of s. 316.172(1)(a) or
1184 (b) pursuant to s. 316.173, or of s. 316.1895(10) pursuant to s.
1185 316.1896, and who failed to enter into, or comply with the terms
1186 of, a penalty payment plan, or order with the clerk to the local
1187 hearing officer or failed to appear at a scheduled hearing
1188 within 10 days after such failure, and shall reference the
1189 person’s driver license number, or in the case of a business
1190 entity, vehicle registration number.
1191 (a) Upon receipt of such notice, the department, or
1192 authorized agent thereof, may not issue a license plate or
1193 revalidation sticker for any motor vehicle owned or co-owned by
1194 that person pursuant to s. 320.03(8) until the amounts assessed
1195 have been fully paid.
1196 (b) After the issuance of the person’s license plate or
1197 revalidation sticker is withheld pursuant to paragraph (a), the
1198 person may challenge the withholding of the license plate or
1199 revalidation sticker only on the basis that the outstanding
1200 fines and civil penalties have been paid pursuant to s.
1201 320.03(8).
1202 Section 14. Paragraph (d) of subsection (3), paragraphs (a)
1203 and (b) of subsection (5), and subsection (23) of section
1204 318.18, Florida Statutes, are amended to read:
1205 318.18 Amount of penalties.—The penalties required for a
1206 noncriminal disposition pursuant to s. 318.14 or a criminal
1207 offense listed in s. 318.17 are as follows:
1208 (3)
1209 (d)1. Notwithstanding paragraphs (b) and (c), a person
1210 cited for a violation of s. 316.1895(10) or s. 316.183 for
1211 exceeding the speed limit in force at the time of the violation
1212 on a roadway maintained as a school zone as provided in s.
1213 316.1895, when enforced by a traffic infraction enforcement
1214 officer pursuant to s. 316.1896, must pay a fine of $100. Fines
1215 collected under this paragraph must be distributed as follows:
1216 a. Twenty dollars must be remitted to the Department of
1217 Revenue for deposit into the General Revenue Fund.
1218 b. Seventy-seven dollars must be distributed to the county
1219 for any violations occurring in any unincorporated areas of the
1220 county or to the municipality for any violations occurring in
1221 the incorporated boundaries of the municipality in which the
1222 infraction occurred, to be used as provided in s. 316.1896(5).
1223 c. Three dollars must be remitted to the Department of
1224 Revenue for deposit into the Department of Law Enforcement
1225 Criminal Justice Standards and Training Trust Fund to be used as
1226 provided in s. 943.25.
1227 2. If a person who is mailed a notice of violation or a
1228 uniform traffic citation for a violation of s. 316.1895(10) or
1229 s. 316.183, as enforced by a traffic infraction enforcement
1230 officer under s. 316.1896, presents documentation from the
1231 appropriate governmental entity that the notice of violation or
1232 uniform traffic citation was in error, the clerk of court or
1233 clerk to the local hearing officer may dismiss the case. The
1234 clerk of court or clerk to the local hearing officer may not
1235 charge for this service.
1236 3. An individual may not receive a commission or per-ticket
1237 fee from any revenue collected from violations detected through
1238 the use of a speed detection system. A manufacturer or vendor
1239 may not receive a fee or remuneration based upon the number of
1240 violations detected through the use of a speed detection system.
1241 (5)(a)1. Except as provided in subparagraph 2., $200 for a
1242 violation of s. 316.172(1)(a), failure to stop for a school bus.
1243 If, at a hearing, the alleged offender is found to have
1244 committed this offense, the court shall impose a minimum civil
1245 penalty of $200. In addition to this penalty, for a second or
1246 subsequent offense within a period of 5 years, the department
1247 shall suspend the driver license of the person for not less than
1248 180 days and not more than 1 year.
1249 2. If a violation of s. 316.172(1)(a) is enforced by a
1250 school bus infraction detection system pursuant to s. 316.173,
1251 the penalty of $200 shall be imposed. If, at a an administrative
1252 hearing contesting a notice of violation or uniform traffic
1253 citation, the alleged offender is found to have committed this
1254 offense, a minimum civil penalty of $200 shall be imposed.
1255 Notwithstanding any other provision of law except s. 28.37(6),
1256 the civil penalties assessed under this subparagraph resulting
1257 from a notice of violation or uniform traffic citation shall be
1258 remitted to the school district at least monthly and used
1259 pursuant to s. 316.173(8).
1260 (b)1. Except as provided in subparagraph 2., $400 for a
1261 violation of s. 316.172(1)(b), passing a school bus on the side
1262 that children enter and exit when the school bus displays a stop
1263 signal. If, at a hearing, the alleged offender is found to have
1264 committed this offense, the court shall impose a minimum civil
1265 penalty of $400.
1266 2. If a violation of s. 316.172(1)(b) is enforced by a
1267 school bus infraction detection system pursuant to s. 316.173,
1268 the penalty under this subparagraph is a minimum of $200. If, at
1269 a hearing contesting a notice of violation or uniform traffic
1270 citation, the alleged offender is found to have committed this
1271 offense, the court shall impose a minimum civil penalty of $200.
1272 Notwithstanding any other provision of law except s. 28.37(6),
1273 the civil penalties assessed under this subparagraph resulting
1274 from notice of violation or uniform traffic citation shall be
1275 remitted to the school district at least monthly and used
1276 pursuant to s. 316.173(8).
1277 3. In addition to this penalty, for a second or subsequent
1278 offense within a period of 5 years, the department shall suspend
1279 the driver license of the person for not less than 360 days and
1280 not more than 2 years.
1281 (23) In addition to the penalty prescribed under s.
1282 316.0083, s. 316.173, or s. 316.1895 for violations enforced
1283 under those sections s. 316.0083 which are upheld by the local
1284 hearing officer, the local hearing officer may also order the
1285 payment of county, or municipal, or school district costs, not
1286 to exceed $250.
1287 Section 15. Subsection (12) of section 320.02, Florida
1288 Statutes, is amended to read:
1289 320.02 Registration required; application for registration;
1290 forms.—
1291 (12) The department is authorized to withhold registration
1292 or reregistration of any motor vehicle if the owner, or one of
1293 the co-owners of the vehicle:,
1294 (a) Has a driver license which is under suspension for the
1295 failure to remit payment of any fines levied in this state
1296 pursuant to chapter 318 or chapter 322; or
1297 (b) Received a traffic citation for a violation of s.
1298 316.074(1) or s. 316.075(1)(c)1., s. 316.172(1)(a) or (b), or s.
1299 316.1895(10), as enforced by s. 316.0083, s. 316.173, or s.
1300 316.1896, respectively, and did not request a hearing, submit an
1301 affidavit claiming an exception, or pay the traffic citation.
1302 Section 16. Paragraph (d) of subsection (3) of section
1303 322.27, Florida Statutes, is amended to read:
1304 322.27 Authority of department to suspend or revoke driver
1305 license or identification card.—
1306 (3) There is established a point system for evaluation of
1307 convictions of violations of motor vehicle laws or ordinances,
1308 and violations of applicable provisions of s. 403.413(6)(b) when
1309 such violations involve the use of motor vehicles, for the
1310 determination of the continuing qualification of any person to
1311 operate a motor vehicle. The department is authorized to suspend
1312 the license of any person upon showing of its records or other
1313 good and sufficient evidence that the licensee has been
1314 convicted of violation of motor vehicle laws or ordinances, or
1315 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1316 more points as determined by the point system. The suspension
1317 shall be for a period of not more than 1 year.
1318 (d) The point system shall have as its basic element a
1319 graduated scale of points assigning relative values to
1320 convictions of the following violations:
1321 1. Reckless driving, willful and wanton—4 points.
1322 2. Leaving the scene of a crash resulting in property
1323 damage of more than $50—6 points.
1324 3. Unlawful speed, or unlawful use of a wireless
1325 communications device, resulting in a crash—6 points.
1326 4. Passing a stopped school bus:
1327 a. Not causing or resulting in serious bodily injury to or
1328 death of another—4 points.
1329 b. Causing or resulting in serious bodily injury to or
1330 death of another—6 points.
1331 c. Points may not be imposed for a violation of passing a
1332 stopped school bus as provided in s. 316.172(1)(a) or (b) when
1333 enforced by a school bus infraction detection system pursuant to
1334 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1335 when enforced by a school bus infraction detection system
1336 pursuant to s. 316.173 may not be used for purposes of setting
1337 motor vehicle insurance rates.
1338 5. Unlawful speed:
1339 a. Not in excess of 15 miles per hour of lawful or posted
1340 speed—3 points.
1341 b. In excess of 15 miles per hour of lawful or posted
1342 speed—4 points.
1343 c. Points may not be imposed for a violation of unlawful
1344 speed as provided in s. 316.1895 or s. 316.183 when enforced by
1345 a traffic infraction enforcement officer pursuant to s.
1346 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1347 when enforced by a traffic infraction enforcement officer
1348 pursuant to s. 316.1896 may not be used for purposes of setting
1349 motor vehicle insurance rates.
1350 6. A violation of a traffic control signal device as
1351 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1352 However, points may not be imposed for a violation of s.
1353 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1354 stop at a traffic signal and when enforced by a traffic
1355 infraction enforcement officer. In addition, a violation of s.
1356 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1357 stop at a traffic signal and when enforced by a traffic
1358 infraction enforcement officer may not be used for purposes of
1359 setting motor vehicle insurance rates.
1360 7. Unlawfully driving a vehicle through a railroad-highway
1361 grade crossing—6 points.
1362 8. All other moving violations (including parking on a
1363 highway outside the limits of a municipality)—3 points. However,
1364 points may not be imposed for a violation of s. 316.2065(11);
1365 and points may be imposed for a violation of s. 316.1001 only
1366 when imposed by the court after a hearing pursuant to s.
1367 318.14(5).
1368 9. Any moving violation covered in this paragraph,
1369 excluding unlawful speed and unlawful use of a wireless
1370 communications device, resulting in a crash—4 points.
1371 10. Any conviction under s. 403.413(6)(b)—3 points.
1372 11. Any conviction under s. 316.0775(2)—4 points.
1373 12. A moving violation covered in this paragraph which is
1374 committed in conjunction with the unlawful use of a wireless
1375 communications device within a school safety zone—2 points, in
1376 addition to the points assigned for the moving violation.
1377 Section 17. Subsection (23) is added to section 775.15,
1378 Florida Statutes, to read:
1379 775.15 Time limitations; general time limitations;
1380 exceptions.—
1381 (23) For a traffic violation enforced pursuant to s.
1382 316.0083, s. 316.173, or s. 316.1896, the 1-year period of
1383 limitation for a noncriminal violation pursuant to paragraph
1384 (2)(d) resets upon receipt by the appropriate county,
1385 municipality, or law enforcement agency of an affidavit
1386 indicating that the motor vehicle was in the care, custody, and
1387 control of another person at the time of the violation, as
1388 authorized in s. 316.0083, s. 316.173, or s. 316.1896,
1389 respectively.
1390 Section 18. Paragraph (h) of subsection (3) of section
1391 1006.21, Florida Statutes, is amended to read:
1392 1006.21 Duties of district school superintendent and
1393 district school board regarding transportation.—
1394 (3) District school boards, after considering
1395 recommendations of the district school superintendent:
1396 (h) Upon an affirmative vote of the school board
1397 authorizing the use of school bus infraction detection systems,
1398 may install and operate, or enter into an agreement with a
1399 private vendor or manufacturer to install, operate, and maintain
1400 provide, a school bus infraction detection system pursuant to s.
1401 316.173.
1402 Section 19. For the purpose of incorporating the amendment
1403 made by this act to section 318.18, Florida Statutes, in a
1404 reference thereto, section 318.121, Florida Statutes, is
1405 reenacted to read:
1406 318.121 Preemption of additional fees, fines, surcharges,
1407 and costs.—Notwithstanding any general or special law, or
1408 municipal or county ordinance, additional fees, fines,
1409 surcharges, or costs other than the court costs and surcharges
1410 assessed under s. 318.18(12), (14), (19), (20), and (23) may not
1411 be added to the civil traffic penalties assessed under this
1412 chapter.
1413 Section 20. This act shall take effect October 1, 2026.