Bill Text: FL S0548 | 2018 | Regular Session | Introduced
Bill Title: Traffic Infraction Detectors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Transportation [S0548 Detail]
Download: Florida-2018-S0548-Introduced.html
Florida Senate - 2018 SB 548 By Senator Campbell 38-00704-18 2018548__ 1 A bill to be entitled 2 An act relating to traffic infraction detectors; 3 repealing s. 316.003(35) and (89), F.S., relating to 4 the definitions of “local hearing officer” and 5 “traffic infraction detector,” respectively; repealing 6 ss. 316.008(8), 316.0083, and 316.00831, F.S., 7 relating to the installation and use of traffic 8 infraction detectors to enforce specified provisions 9 when a driver fails to stop at a traffic signal, 10 provisions that authorize the Department of Highway 11 Safety and Motor Vehicles, a county, or a municipality 12 to use such detectors and that cap fines and provide 13 for the deposit and use of fines, and the distribution 14 of specified penalties, respectively; repealing s. 15 316.07456, F.S., relating to transitional 16 implementation of such detectors; repealing s. 17 316.0776, F.S., relating to placement and installation 18 of traffic infraction detectors; repealing s. 19 318.15(3), F.S., relating to a required notification; 20 repealing s. 321.50, F.S., relating to the 21 authorization to use traffic infraction detectors; 22 amending ss. 28.37, 316.003, 316.640, 316.650, 23 318.121, 318.14, 318.18, 320.03, 322.27, and 655.960, 24 F.S.; conforming provisions to changes made by the 25 act; conforming cross-references; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsections (35) and (89) of section 316.003, 31 Florida Statutes, are repealed. 32 Section 2. Subsection (8) of section 316.008, Florida 33 Statutes, is repealed. 34 Section 3. Section 316.0083, Florida Statutes, is repealed. 35 Section 4. Section 316.00831, Florida Statutes, is 36 repealed. 37 Section 5. Section 316.07456, Florida Statutes, is 38 repealed. 39 Section 6. Section 316.0776, Florida Statutes, is repealed. 40 Section 7. Subsection (3) of section 318.15, Florida 41 Statutes, is repealed. 42 Section 8. Section 321.50, Florida Statutes, is repealed. 43 Section 9. Subsection (5) of section 28.37, Florida 44 Statutes, is amended to read: 45 28.37 Fines, fees, service charges, and costs remitted to 46 the state.— 47 (5) Ten percent of all court-related fines collected by the 48 clerk, except for penalties or fines distributed to counties or 49 municipalities under s. 318.18(15)s. 316.0083(1)(b)3. ors.50318.18(15)(a), shall be deposited into the fine and forfeiture 51 fund to be used exclusively for clerk court-related functions, 52 as provided in s. 28.35(3)(a). 53 Section 10. Subsection (57) of section 316.003, Florida 54 Statutes, is amended to read: 55 316.003 Definitions.—The following words and phrases, when 56 used in this chapter, shall have the meanings respectively 57 ascribed to them in this section, except where the context 58 otherwise requires: 59 (56)(57)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 60 provided in paragraph (78)(b)(79)(b), any privately owned way 61 or place used for vehicular travel by the owner and those having 62 express or implied permission from the owner, but not by other 63 persons. 64 Section 11. Paragraph (b) of subsection (1) and paragraph 65 (a) of subsection (5) of section 316.640, Florida Statutes, are 66 amended to read: 67 316.640 Enforcement.—The enforcement of the traffic laws of 68 this state is vested as follows: 69 (1) STATE.— 70 (b)1. The Department of Transportation has authority to 71 enforce on all the streets and highways of this state all laws 72 applicable within its authority. 73 2.a. The Department of Transportation shall develop 74 training and qualifications standards for toll enforcement 75 officers whose sole authority is to enforce the payment of tolls 76 pursuant to s. 316.1001. Nothing in this subparagraph shall be 77 construed to permit the carrying of firearms or other weapons, 78 nor shall a toll enforcement officer have arrest authority. 79 b. For the purpose of enforcing s. 316.1001, governmental 80 entities, as defined in s. 334.03, which own or operate a toll 81 facility may employ independent contractors or designate 82 employees as toll enforcement officers; however, any such toll 83 enforcement officer must successfully meet the training and 84 qualifications standards for toll enforcement officers 85 established by the Department of Transportation. 863. For the purpose of enforcing s. 316.0083, the department87may designate employees as traffic infraction enforcement88officers. A traffic infraction enforcement officer must89successfully complete instruction in traffic enforcement90procedures and court presentation through the Selective Traffic91Enforcement Program as approved by the Division of Criminal92Justice Standards and Training of the Department of Law93Enforcement, or through a similar program, but may not94necessarily otherwise meet the uniform minimum standards95established by the Criminal Justice Standards and Training96Commission for law enforcement officers or auxiliary law97enforcement officers under s. 943.13. This subparagraph does not98authorize the carrying of firearms or other weapons by a traffic99infraction enforcement officer and does not authorize a traffic100infraction enforcement officer to make arrests. The department’s101traffic infraction enforcement officers must be physically102located in the state.103 (5)(a) Any sheriff’s department or police department of a 104 municipality may employ, as a traffic infraction enforcement 105 officer, any individual who successfully completes instruction 106 in traffic enforcement procedures and court presentation through 107 the Selective Traffic Enforcement Program as approved by the 108 Division of Criminal Justice Standards and Training of the 109 Department of Law Enforcement, or through a similar program, but 110 who does not necessarily otherwise meet the uniform minimum 111 standards established by the Criminal Justice Standards and 112 Training Commission for law enforcement officers or auxiliary 113 law enforcement officers under s. 943.13. Any such traffic 114 infraction enforcement officer who observes the commission of a 115 traffic infraction or, in the case of a parking infraction, who 116 observes an illegally parked vehicle may issue a traffic 117 citation for the infraction when, based upon personal 118 investigation, he or she has reasonable and probable grounds to 119 believe that an offense has been committed which constitutes a 120 noncriminal traffic infraction as defined in s. 318.14.In121addition, any such traffic infraction enforcement officer may122issue a traffic citation under s. 316.0083. For purposes of123enforcing s. 316.0083, any sheriff’s department or police124department of a municipality may designate employees as traffic125infraction enforcement officers.The traffic infraction 126 enforcement officers must be physically located in the county of 127 the respective sheriff’s or police department. 128 Section 12. Paragraphs (a) and (c) of subsection (3) of 129 section 316.650, Florida Statutes, are amended to read: 130 316.650 Traffic citations.— 131 (3)(a) Except for a traffic citation issued pursuant to s. 132 316.1001or s. 316.0083, each traffic enforcement officer, upon 133 issuing a traffic citation to an alleged violator of any 134 provision of the motor vehicle laws of this state or of any 135 traffic ordinance of any municipality or town, shall deposit the 136 original traffic citation or, in the case of a traffic 137 enforcement agency that has an automated citation issuance 138 system, the chief administrative officer shall provide by an 139 electronic transmission a replica of the citation data to a 140 court having jurisdiction over the alleged offense or with its 141 traffic violations bureau within 5 days after issuance to the 142 violator. 143(c) If a traffic citation is issued under s. 316.0083, the144traffic infraction enforcement officer shall provide by145electronic transmission a replica of the traffic citation data146to the court having jurisdiction over the alleged offense or its147traffic violations bureau within 5 days after the date of148issuance of the traffic citation to the violator. If a hearing149is requested, the traffic infraction enforcement officer shall150provide a replica of the traffic notice of violation data to the151clerk for the local hearing officer having jurisdiction over the152alleged offense within 14 days.153 Section 13. Section 318.121, Florida Statutes, is amended 154 to read: 155 318.121 Preemption of additional fees, fines, surcharges, 156 and costs.—Notwithstanding any general or special law, or 157 municipal or county ordinance, additional fees, fines, 158 surcharges, or costs other than the court costs and surcharges 159 assessed under s. 318.18(11), (13), (18), and (19), and (22)may 160 not be added to the civil traffic penalties assessed under this 161 chapter. 162 Section 14. Subsection (2) of section 318.14, Florida 163 Statutes, is amended to read: 164 318.14 Noncriminal traffic infractions; exception; 165 procedures.— 166 (2) Except as provided in s. 316.1001(2)ss. 316.1001(2)167and 316.0083, any person cited for a violation requiring a 168 mandatory hearing listed in s. 318.19 or any other criminal 169 traffic violation listed in chapter 316 must sign and accept a 170 citation indicating a promise to appear. The officer may 171 indicate on the traffic citation the time and location of the 172 scheduled hearing and must indicate the applicable civil penalty 173 established in s. 318.18. For all other infractions under this 174 section, except for infractions under s. 316.1001, the officer 175 must certify by electronic, electronic facsimile, or written 176 signature that the citation was delivered to the person cited. 177 This certification is prima facie evidence that the person cited 178 was served with the citation. 179 Section 15. Subsections (15) and (22) of section 318.18, 180 Florida Statutes, are amended to read: 181 318.18 Amount of penalties.—The penalties required for a 182 noncriminal disposition pursuant to s. 318.14 or a criminal 183 offense listed in s. 318.17 are as follows: 184 (15)(a)1.One hundred and fifty-eight dollars for a 185 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 186 has failed to stop at a traffic signaland when enforced by a187law enforcement officer. Sixty dollars shall be distributed as 188 provided in s. 318.21, $30 shall be distributed to the General 189 Revenue Fund, $3 shall be remitted to the Department of Revenue 190 for deposit into the Brain and Spinal Cord Injury Trust Fund, 191 and the remaining $65 shall be remitted to the Department of 192 Revenue for deposit into the Emergency Medical Services Trust 193 Fund of the Department of Health. 1942. One hundred and fifty-eight dollars for a violation of195s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to196stop at a traffic signal and when enforced by the department’s197traffic infraction enforcement officer. One hundred dollars198shall be remitted to the Department of Revenue for deposit into199the General Revenue Fund, $45 shall be distributed to the county200for any violations occurring in any unincorporated areas of the201county or to the municipality for any violations occurring in202the incorporated boundaries of the municipality in which the203infraction occurred, $10 shall be remitted to the Department of204Revenue for deposit into the Department of Health Emergency205Medical Services Trust Fund for distribution as provided in s.206395.4036(1), and $3 shall be remitted to the Department of207Revenue for deposit into the Brain and Spinal Cord Injury Trust208Fund.2093. One hundred and fifty-eight dollars for a violation of210s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to211stop at a traffic signal and when enforced by a county’s or212municipality’s traffic infraction enforcement officer. Seventy213five dollars shall be distributed to the county or municipality214issuing the traffic citation, $70 shall be remitted to the215Department of Revenue for deposit into the General Revenue Fund,216$10 shall be remitted to the Department of Revenue for deposit217into the Department of Health Emergency Medical Services Trust218Fund for distribution as provided in s. 395.4036(1), and $3219shall be remitted to the Department of Revenue for deposit into220the Brain and Spinal Cord Injury Trust Fund.221(b)Amounts deposited into the Brain and Spinal Cord Injury 222 Trust Fund pursuant to this subsection shall be distributed 223 quarterly to the Miami Project to Cure Paralysis and shall be 224 used for brain and spinal cord research. 225(c) If a person who is mailed a notice of violation or226cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as227enforced by a traffic infraction enforcement officer under s.228316.0083, presents documentation from the appropriate229governmental entity that the notice of violation or traffic230citation was in error, the clerk of court or clerk to the local231hearing officer may dismiss the case. The clerk of court or232clerk to the local hearing officer may not charge for this233service.234(d) An individual may not receive a commission or per235ticket fee from any revenue collected from violations detected236through the use of a traffic infraction detector. A manufacturer237or vendor may not receive a fee or remuneration based upon the238number of violations detected through the use of a traffic239infraction detector.240(e)Funds deposited into the Department of Health Emergency 241 Medical Services Trust Fund under this subsection shall be 242 distributed as provided in s. 395.4036(1). 243(22) In addition to the penalty prescribed under s.244316.0083 for violations enforced under s. 316.0083 which are245upheld, the local hearing officer may also order the payment of246county or municipal costs, not to exceed $250.247 Section 16. Subsection (8) of section 320.03, Florida 248 Statutes, is amended to read: 249 320.03 Registration; duties of tax collectors; 250 International Registration Plan.— 251 (8) If the applicant’s name appears on the list referred to 252 in s. 316.1001(4), s. 316.1967(6),s. 318.15(3),or s. 253 713.78(13), a license plate or revalidation sticker may not be 254 issued until that person’s name no longer appears on the list or 255 until the person presents a receipt from the governmental entity 256 or the clerk of court that provided the data showing that the 257 fines outstanding have been paid. This subsection does not apply 258 to the owner of a leased vehicle if the vehicle is registered in 259 the name of the lessee of the vehicle. The tax collector and the 260 clerk of the court are each entitled to receive monthly, as 261 costs for implementing and administering this subsection, 10 262 percent of the civil penalties and fines recovered from such 263 persons. As used in this subsection, the term “civil penalties 264 and fines” does not include a wrecker operator’s lien as 265 described in s. 713.78(13). If the tax collector has private tag 266 agents, such tag agents are entitled to receive a pro rata share 267 of the amount paid to the tax collector, based upon the 268 percentage of license plates and revalidation stickers issued by 269 the tag agent compared to the total issued within the county. 270 The authority of any private agent to issue license plates shall 271 be revoked, after notice and a hearing as provided in chapter 272 120, if he or she issues any license plate or revalidation 273 sticker contrary to the provisions of this subsection. This 274 section applies only to the annual renewal in the owner’s birth 275 month of a motor vehicle registration and does not apply to the 276 transfer of a registration of a motor vehicle sold by a motor 277 vehicle dealer licensed under this chapter, except for the 278 transfer of registrations which includes the annual renewals. 279 This section does not affect the issuance of the title to a 280 motor vehicle, notwithstanding s. 319.23(8)(b). 281 Section 17. Paragraph (d) of subsection (3) of section 282 322.27, Florida Statutes, is amended to read: 283 322.27 Authority of department to suspend or revoke driver 284 license or identification card.— 285 (3) There is established a point system for evaluation of 286 convictions of violations of motor vehicle laws or ordinances, 287 and violations of applicable provisions of s. 403.413(6)(b) when 288 such violations involve the use of motor vehicles, for the 289 determination of the continuing qualification of any person to 290 operate a motor vehicle. The department is authorized to suspend 291 the license of any person upon showing of its records or other 292 good and sufficient evidence that the licensee has been 293 convicted of violation of motor vehicle laws or ordinances, or 294 applicable provisions of s. 403.413(6)(b), amounting to 12 or 295 more points as determined by the point system. The suspension 296 shall be for a period of not more than 1 year. 297 (d) The point system shall have as its basic element a 298 graduated scale of points assigning relative values to 299 convictions of the following violations: 300 1. Reckless driving, willful and wanton—4 points. 301 2. Leaving the scene of a crash resulting in property 302 damage of more than $50—6 points. 303 3. Unlawful speed, or unlawful use of a wireless 304 communications device, resulting in a crash—6 points. 305 4. Passing a stopped school bus: 306 a. Not causing or resulting in serious bodily injury to or 307 death of another—4 points. 308 b. Causing or resulting in serious bodily injury to or 309 death of another—6 points. 310 5. Unlawful speed: 311 a. Not in excess of 15 miles per hour of lawful or posted 312 speed—3 points. 313 b. In excess of 15 miles per hour of lawful or posted 314 speed—4 points. 315 6. A violation of a traffic control signal device as 316 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 317However, no points shall be imposed for a violation of s.318316.074(1) or s. 316.075(1)(c)1. when a driver has failed to319stop at a traffic signal and when enforced by a traffic320infraction enforcement officer. In addition, a violation of s.321316.074(1) or s. 316.075(1)(c)1. when a driver has failed to322stop at a traffic signal and when enforced by a traffic323infraction enforcement officer may not be used for purposes of324setting motor vehicle insurance rates.325 7. All other moving violations (including parking on a 326 highway outside the limits of a municipality)—3 points. However, 327 no points shall be imposed for a violation of s. 316.0741 or s. 328 316.2065(11); and points shall be imposed for a violation of s. 329 316.1001 only when imposed by the court after a hearing pursuant 330 to s. 318.14(5). 331 8. Any moving violation covered in this paragraph, 332 excluding unlawful speed and unlawful use of a wireless 333 communications device, resulting in a crash—4 points. 334 9. Any conviction under s. 403.413(6)(b)—3 points. 335 10. Any conviction under s. 316.0775(2)—4 points. 336 11. A moving violation covered in this paragraph which is 337 committed in conjunction with the unlawful use of a wireless 338 communications device within a school safety zone—2 points, in 339 addition to the points assigned for the moving violation. 340 Section 18. Subsection (1) of section 655.960, Florida 341 Statutes, is amended to read: 342 655.960 Definitions; ss. 655.960-655.965.—As used in this 343 section and ss. 655.961-655.965, unless the context otherwise 344 requires: 345 (1) “Access area” means any paved walkway or sidewalk which 346 is within 50 feet of any automated teller machine. The term does 347 not include any street or highway open to the use of the public, 348 as defined in s. 316.003(78)(a) or (b)s. 316.003(79)(a) or (b), 349 including any adjacent sidewalk, as defined in s. 316.003. 350 Section 19. This act shall take effect July 1, 2021.