Bill Text: FL S0178 | 2017 | Regular Session | Introduced


Bill Title: Traffic Infraction Detectors

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2017-03-07 - Introduced [S0178 Detail]

Download: Florida-2017-S0178-Introduced.html
       Florida Senate - 2017                                     SB 178
       
       
        
       By Senator Artiles
       
       40-00211A-17                                           2017178__
    1                        A bill to be entitled                      
    2         An act relating to traffic infraction detectors;
    3         repealing s. 316.003(35) and (87), F.S., relating to
    4         the definitions of “local hearing officer” and
    5         “traffic infraction detector”; repealing ss.
    6         316.008(8), 316.0083, and 316.00831, F.S., relating to
    7         the installation and use of traffic infraction
    8         detectors to enforce specified provisions when a
    9         driver fails to stop at a traffic signal, provisions
   10         that authorize the Department of Highway Safety and
   11         Motor Vehicles, a county, or a municipality to use
   12         such detectors, and the distribution of penalties
   13         collected for specified violations; repealing s.
   14         316.07456, F.S., relating to transitional
   15         implementation of such detectors; repealing s.
   16         316.0776, F.S., relating to placement and installation
   17         of traffic infraction detectors; repealing s.
   18         318.15(3), F.S., relating to a required notification;
   19         repealing s. 321.50, F.S., relating to the
   20         authorization to use traffic infraction detectors;
   21         amending ss. 28.37, 316.003, 316.545, 316.613,
   22         316.640, 316.650, 318.121, 318.14, 318.18, 320.03,
   23         322.27, and 655.960, F.S., relating to distribution of
   24         proceeds, definitions, unlawful weight and loads,
   25         child restraint requirements, enforcement by traffic
   26         infraction enforcement officers using such detectors,
   27         procedures for disposition of citations, preemption of
   28         additional fees or surcharges, a procedural exception
   29         for certain traffic infractions, amount of penalties,
   30         registration and renewal of license plates, points
   31         assessed for certain violations, and the definition of
   32         the term “access area,” to conform provisions to
   33         changes made by the act; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsections (35) and (87) of section 316.003,
   38  Florida Statutes, are repealed.
   39         Section 2. Subsection (8) of section 316.008, Florida
   40  Statutes, is repealed.
   41         Section 3. Section 316.0083, Florida Statutes, is repealed.
   42         Section 4. Section 316.00831, Florida Statutes, is
   43  repealed.
   44         Section 5. Section 316.07456, Florida Statutes, is
   45  repealed.
   46         Section 6. Section 316.0776, Florida Statutes, is repealed.
   47         Section 7. Subsection (3) of section 318.15, Florida
   48  Statutes, is repealed.
   49         Section 8. Section 321.50, Florida Statutes, is repealed.
   50         Section 9. Subsection (5) of section 28.37, Florida
   51  Statutes, is amended to read:
   52         28.37 Fines, fees, service charges, and costs remitted to
   53  the state.—
   54         (5) Ten percent of all court-related fines collected by the
   55  clerk, except for penalties or fines distributed to counties or
   56  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
   57  shall be deposited into the clerk’s Public Records Modernization
   58  Trust Fund to be used exclusively for additional clerk court
   59  related operational needs and program enhancements.
   60         Section 10. Subsection (55) of section 316.003, Florida
   61  Statutes, is amended to read:
   62         316.003 Definitions.—The following words and phrases, when
   63  used in this chapter, shall have the meanings respectively
   64  ascribed to them in this section, except where the context
   65  otherwise requires:
   66         (54)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   67  provided in paragraph (76)(b) (77)(b), any privately owned way
   68  or place used for vehicular travel by the owner and those having
   69  express or implied permission from the owner, but not by other
   70  persons.
   71         Section 11. Paragraph (b) of subsection (2) of section
   72  316.545, Florida Statutes, is amended to read:
   73         316.545 Weight and load unlawful; special fuel and motor
   74  fuel tax enforcement; inspection; penalty; review.—
   75         (2)
   76         (b) The officer or inspector shall inspect the license
   77  plate or registration certificate of the commercial vehicle to
   78  determine whether its gross weight is in compliance with the
   79  declared gross vehicle weight. If its gross weight exceeds the
   80  declared weight, the penalty shall be 5 cents per pound on the
   81  difference between such weights. In those cases when the
   82  commercial vehicle is being operated over the highways of the
   83  state with an expired registration or with no registration from
   84  this or any other jurisdiction or is not registered under the
   85  applicable provisions of chapter 320, the penalty herein shall
   86  apply on the basis of 5 cents per pound on that scaled weight
   87  which exceeds 35,000 pounds on laden truck tractor-semitrailer
   88  combinations or tandem trailer truck combinations, 10,000 pounds
   89  on laden straight trucks or straight truck-trailer combinations,
   90  or 10,000 pounds on any unladen commercial motor vehicle. A
   91  driver of a commercial motor vehicle entering the state at a
   92  designated port-of-entry location, as defined in s. 316.003(54),
   93  or operating on designated routes to a port-of-entry location,
   94  who obtains a temporary registration permit shall be assessed a
   95  penalty limited to the difference between its gross weight and
   96  the declared gross vehicle weight at 5 cents per pound. If the
   97  license plate or registration has not been expired for more than
   98  90 days, the penalty imposed under this paragraph may not exceed
   99  $1,000. In the case of special mobile equipment, which qualifies
  100  for the license tax provided for in s. 320.08(5)(b), being
  101  operated on the highways of the state with an expired
  102  registration or otherwise not properly registered under the
  103  applicable provisions of chapter 320, a penalty of $75 shall
  104  apply in addition to any other penalty which may apply in
  105  accordance with this chapter. A vehicle found in violation of
  106  this section may be detained until the owner or operator
  107  produces evidence that the vehicle has been properly registered.
  108  Any costs incurred by the retention of the vehicle shall be the
  109  sole responsibility of the owner. A person who has been assessed
  110  a penalty pursuant to this paragraph for failure to have a valid
  111  vehicle registration certificate pursuant to the provisions of
  112  chapter 320 is not subject to the delinquent fee authorized in
  113  s. 320.07 if such person obtains a valid registration
  114  certificate within 10 working days after such penalty was
  115  assessed.
  116         Section 12. Paragraph (a) of subsection (2) of section
  117  316.613, Florida Statutes, is amended to read:
  118         316.613 Child restraint requirements.—
  119         (2) As used in this section, the term “motor vehicle” means
  120  a motor vehicle as defined in s. 316.003 that is operated on the
  121  roadways, streets, and highways of the state. The term does not
  122  include:
  123         (a) A school bus as defined in s. 316.003(68).
  124         Section 13. Paragraph (b) of subsection (1) and paragraph
  125  (a) of subsection (5) of section 316.640, Florida Statutes, are
  126  amended to read:
  127         316.640 Enforcement.—The enforcement of the traffic laws of
  128  this state is vested as follows:
  129         (1) STATE.—
  130         (b)1. The Department of Transportation has authority to
  131  enforce on all the streets and highways of this state all laws
  132  applicable within its authority.
  133         2.a. The Department of Transportation shall develop
  134  training and qualifications standards for toll enforcement
  135  officers whose sole authority is to enforce the payment of tolls
  136  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  137  construed to permit the carrying of firearms or other weapons,
  138  nor shall a toll enforcement officer have arrest authority.
  139         b. For the purpose of enforcing s. 316.1001, governmental
  140  entities, as defined in s. 334.03, which own or operate a toll
  141  facility may employ independent contractors or designate
  142  employees as toll enforcement officers; however, any such toll
  143  enforcement officer must successfully meet the training and
  144  qualifications standards for toll enforcement officers
  145  established by the Department of Transportation.
  146         3. For the purpose of enforcing s. 316.0083, the department
  147  may designate employees as traffic infraction enforcement
  148  officers. A traffic infraction enforcement officer must
  149  successfully complete instruction in traffic enforcement
  150  procedures and court presentation through the Selective Traffic
  151  Enforcement Program as approved by the Division of Criminal
  152  Justice Standards and Training of the Department of Law
  153  Enforcement, or through a similar program, but may not
  154  necessarily otherwise meet the uniform minimum standards
  155  established by the Criminal Justice Standards and Training
  156  Commission for law enforcement officers or auxiliary law
  157  enforcement officers under s. 943.13. This subparagraph does not
  158  authorize the carrying of firearms or other weapons by a traffic
  159  infraction enforcement officer and does not authorize a traffic
  160  infraction enforcement officer to make arrests. The department’s
  161  traffic infraction enforcement officers must be physically
  162  located in the state.
  163         (5)(a) Any sheriff’s department or police department of a
  164  municipality may employ, as a traffic infraction enforcement
  165  officer, any individual who successfully completes instruction
  166  in traffic enforcement procedures and court presentation through
  167  the Selective Traffic Enforcement Program as approved by the
  168  Division of Criminal Justice Standards and Training of the
  169  Department of Law Enforcement, or through a similar program, but
  170  who does not necessarily otherwise meet the uniform minimum
  171  standards established by the Criminal Justice Standards and
  172  Training Commission for law enforcement officers or auxiliary
  173  law enforcement officers under s. 943.13. Any such traffic
  174  infraction enforcement officer who observes the commission of a
  175  traffic infraction or, in the case of a parking infraction, who
  176  observes an illegally parked vehicle may issue a traffic
  177  citation for the infraction when, based upon personal
  178  investigation, he or she has reasonable and probable grounds to
  179  believe that an offense has been committed which constitutes a
  180  noncriminal traffic infraction as defined in s. 318.14. In
  181  addition, any such traffic infraction enforcement officer may
  182  issue a traffic citation under s. 316.0083. For purposes of
  183  enforcing s. 316.0083, any sheriff’s department or police
  184  department of a municipality may designate employees as traffic
  185  infraction enforcement officers. The traffic infraction
  186  enforcement officers must be physically located in the county of
  187  the respective sheriff’s or police department.
  188         Section 14. Paragraphs (a) and (c) of subsection (3) of
  189  section 316.650, Florida Statutes, are amended to read:
  190         316.650 Traffic citations.—
  191         (3)(a) Except for a traffic citation issued pursuant to s.
  192  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  193  issuing a traffic citation to an alleged violator of any
  194  provision of the motor vehicle laws of this state or of any
  195  traffic ordinance of any municipality or town, shall deposit the
  196  original traffic citation or, in the case of a traffic
  197  enforcement agency that has an automated citation issuance
  198  system, the chief administrative officer shall provide by an
  199  electronic transmission a replica of the citation data to a
  200  court having jurisdiction over the alleged offense or with its
  201  traffic violations bureau within 5 days after issuance to the
  202  violator.
  203         (c) If a traffic citation is issued under s. 316.0083, the
  204  traffic infraction enforcement officer shall provide by
  205  electronic transmission a replica of the traffic citation data
  206  to the court having jurisdiction over the alleged offense or its
  207  traffic violations bureau within 5 days after the date of
  208  issuance of the traffic citation to the violator. If a hearing
  209  is requested, the traffic infraction enforcement officer shall
  210  provide a replica of the traffic notice of violation data to the
  211  clerk for the local hearing officer having jurisdiction over the
  212  alleged offense within 14 days.
  213         Section 15. Section 318.121, Florida Statutes, is amended
  214  to read:
  215         318.121 Preemption of additional fees, fines, surcharges,
  216  and costs.—Notwithstanding any general or special law, or
  217  municipal or county ordinance, additional fees, fines,
  218  surcharges, or costs other than the court costs and surcharges
  219  assessed under s. 318.18(11), (13), (18), and (19), and (22) may
  220  not be added to the civil traffic penalties assessed under this
  221  chapter.
  222         Section 16. Subsection (2) of section 318.14, Florida
  223  Statutes, is amended to read:
  224         318.14 Noncriminal traffic infractions; exception;
  225  procedures.—
  226         (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
  227  and 316.0083, any person cited for a violation requiring a
  228  mandatory hearing listed in s. 318.19 or any other criminal
  229  traffic violation listed in chapter 316 must sign and accept a
  230  citation indicating a promise to appear. The officer may
  231  indicate on the traffic citation the time and location of the
  232  scheduled hearing and must indicate the applicable civil penalty
  233  established in s. 318.18. For all other infractions under this
  234  section, except for infractions under s. 316.1001, the officer
  235  must certify by electronic, electronic facsimile, or written
  236  signature that the citation was delivered to the person cited.
  237  This certification is prima facie evidence that the person cited
  238  was served with the citation.
  239         Section 17. Subsections (15) and (22) of section 318.18,
  240  Florida Statutes, are amended to read:
  241         318.18 Amount of penalties.—The penalties required for a
  242  noncriminal disposition pursuant to s. 318.14 or a criminal
  243  offense listed in s. 318.17 are as follows:
  244         (15)(a)1. One hundred and fifty-eight dollars for a
  245  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  246  has failed to stop at a traffic signal and when enforced by a
  247  law enforcement officer. Sixty dollars shall be distributed as
  248  provided in s. 318.21, $30 shall be distributed to the General
  249  Revenue Fund, $3 shall be remitted to the Department of Revenue
  250  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  251  and the remaining $65 shall be remitted to the Department of
  252  Revenue for deposit into the Emergency Medical Services Trust
  253  Fund of the Department of Health.
  254         2. One hundred and fifty-eight dollars for a violation of
  255  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  256  stop at a traffic signal and when enforced by the department’s
  257  traffic infraction enforcement officer. One hundred dollars
  258  shall be remitted to the Department of Revenue for deposit into
  259  the General Revenue Fund, $45 shall be distributed to the county
  260  for any violations occurring in any unincorporated areas of the
  261  county or to the municipality for any violations occurring in
  262  the incorporated boundaries of the municipality in which the
  263  infraction occurred, $10 shall be remitted to the Department of
  264  Revenue for deposit into the Department of Health Emergency
  265  Medical Services Trust Fund for distribution as provided in s.
  266  395.4036(1), and $3 shall be remitted to the Department of
  267  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  268  Fund.
  269         3. One hundred and fifty-eight dollars for a violation of
  270  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  271  stop at a traffic signal and when enforced by a county’s or
  272  municipality’s traffic infraction enforcement officer. Seventy
  273  five dollars shall be distributed to the county or municipality
  274  issuing the traffic citation, $70 shall be remitted to the
  275  Department of Revenue for deposit into the General Revenue Fund,
  276  $10 shall be remitted to the Department of Revenue for deposit
  277  into the Department of Health Emergency Medical Services Trust
  278  Fund for distribution as provided in s. 395.4036(1), and $3
  279  shall be remitted to the Department of Revenue for deposit into
  280  the Brain and Spinal Cord Injury Trust Fund.
  281         (b) Amounts deposited into the Brain and Spinal Cord Injury
  282  Trust Fund pursuant to this subsection shall be distributed
  283  quarterly to the Miami Project to Cure Paralysis and shall be
  284  used for brain and spinal cord research.
  285         (c) If a person who is mailed a notice of violation or
  286  cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
  287  enforced by a traffic infraction enforcement officer under s.
  288  316.0083, presents documentation from the appropriate
  289  governmental entity that the notice of violation or traffic
  290  citation was in error, the clerk of court or clerk to the local
  291  hearing officer may dismiss the case. The clerk of court or
  292  clerk to the local hearing officer may not charge for this
  293  service.
  294         (d) An individual may not receive a commission or per
  295  ticket fee from any revenue collected from violations detected
  296  through the use of a traffic infraction detector. A manufacturer
  297  or vendor may not receive a fee or remuneration based upon the
  298  number of violations detected through the use of a traffic
  299  infraction detector.
  300         (e) Funds deposited into the Department of Health Emergency
  301  Medical Services Trust Fund under this subsection shall be
  302  distributed as provided in s. 395.4036(1).
  303         (22) In addition to the penalty prescribed under s.
  304  316.0083 for violations enforced under s. 316.0083 which are
  305  upheld, the local hearing officer may also order the payment of
  306  county or municipal costs, not to exceed $250.
  307         Section 18. Subsection (8) of section 320.03, Florida
  308  Statutes, is amended to read:
  309         320.03 Registration; duties of tax collectors;
  310  International Registration Plan.—
  311         (8) If the applicant’s name appears on the list referred to
  312  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  313  713.78(13), a license plate or revalidation sticker may not be
  314  issued until that person’s name no longer appears on the list or
  315  until the person presents a receipt from the governmental entity
  316  or the clerk of court that provided the data showing that the
  317  fines outstanding have been paid. This subsection does not apply
  318  to the owner of a leased vehicle if the vehicle is registered in
  319  the name of the lessee of the vehicle. The tax collector and the
  320  clerk of the court are each entitled to receive monthly, as
  321  costs for implementing and administering this subsection, 10
  322  percent of the civil penalties and fines recovered from such
  323  persons. As used in this subsection, the term “civil penalties
  324  and fines” does not include a wrecker operator’s lien as
  325  described in s. 713.78(13). If the tax collector has private tag
  326  agents, such tag agents are entitled to receive a pro rata share
  327  of the amount paid to the tax collector, based upon the
  328  percentage of license plates and revalidation stickers issued by
  329  the tag agent compared to the total issued within the county.
  330  The authority of any private agent to issue license plates shall
  331  be revoked, after notice and a hearing as provided in chapter
  332  120, if he or she issues any license plate or revalidation
  333  sticker contrary to the provisions of this subsection. This
  334  section applies only to the annual renewal in the owner’s birth
  335  month of a motor vehicle registration and does not apply to the
  336  transfer of a registration of a motor vehicle sold by a motor
  337  vehicle dealer licensed under this chapter, except for the
  338  transfer of registrations which includes the annual renewals.
  339  This section does not affect the issuance of the title to a
  340  motor vehicle, notwithstanding s. 319.23(8)(b).
  341         Section 19. Paragraph (d) of subsection (3) of section
  342  322.27, Florida Statutes, is amended to read:
  343         322.27 Authority of department to suspend or revoke driver
  344  license or identification card.—
  345         (3) There is established a point system for evaluation of
  346  convictions of violations of motor vehicle laws or ordinances,
  347  and violations of applicable provisions of s. 403.413(6)(b) when
  348  such violations involve the use of motor vehicles, for the
  349  determination of the continuing qualification of any person to
  350  operate a motor vehicle. The department is authorized to suspend
  351  the license of any person upon showing of its records or other
  352  good and sufficient evidence that the licensee has been
  353  convicted of violation of motor vehicle laws or ordinances, or
  354  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  355  more points as determined by the point system. The suspension
  356  shall be for a period of not more than 1 year.
  357         (d) The point system shall have as its basic element a
  358  graduated scale of points assigning relative values to
  359  convictions of the following violations:
  360         1. Reckless driving, willful and wanton—4 points.
  361         2. Leaving the scene of a crash resulting in property
  362  damage of more than $50—6 points.
  363         3. Unlawful speed, or unlawful use of a wireless
  364  communications device, resulting in a crash—6 points.
  365         4. Passing a stopped school bus—4 points.
  366         5. Unlawful speed:
  367         a. Not in excess of 15 miles per hour of lawful or posted
  368  speed—3 points.
  369         b. In excess of 15 miles per hour of lawful or posted
  370  speed—4 points.
  371         6. A violation of a traffic control signal device as
  372  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  373  However, no points shall be imposed for a violation of s.
  374  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  375  stop at a traffic signal and when enforced by a traffic
  376  infraction enforcement officer. In addition, a violation of s.
  377  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  378  stop at a traffic signal and when enforced by a traffic
  379  infraction enforcement officer may not be used for purposes of
  380  setting motor vehicle insurance rates.
  381         7. All other moving violations (including parking on a
  382  highway outside the limits of a municipality)—3 points. However,
  383  no points shall be imposed for a violation of s. 316.0741 or s.
  384  316.2065(11); and points shall be imposed for a violation of s.
  385  316.1001 only when imposed by the court after a hearing pursuant
  386  to s. 318.14(5).
  387         8. Any moving violation covered in this paragraph,
  388  excluding unlawful speed and unlawful use of a wireless
  389  communications device, resulting in a crash—4 points.
  390         9. Any conviction under s. 403.413(6)(b)—3 points.
  391         10. Any conviction under s. 316.0775(2)—4 points.
  392         11. A moving violation covered in this paragraph which is
  393  committed in conjunction with the unlawful use of a wireless
  394  communications device within a school safety zone—2 points, in
  395  addition to the points assigned for the moving violation.
  396         Section 20. Subsection (1) of section 655.960, Florida
  397  Statutes, is amended to read:
  398         655.960 Definitions; ss. 655.960-655.965.—As used in this
  399  section and ss. 655.961-655.965, unless the context otherwise
  400  requires:
  401         (1) “Access area” means any paved walkway or sidewalk which
  402  is within 50 feet of any automated teller machine. The term does
  403  not include any street or highway open to the use of the public,
  404  as defined in s. 316.003(76)(77)(a) or (b), including any
  405  adjacent sidewalk, as defined in s. 316.003.
  406         Section 21. This act shall take effect July 1, 2020.

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