Bill Text: FL S1342 | 2013 | Regular Session | Comm Sub
Bill Title: Traffic Control
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S1342 Detail]
Download: Florida-2013-S1342-Comm_Sub.html
Florida Senate - 2013 CS for SB 1342 By the Committee on Transportation; and Senator Abruzzo 596-02847A-13 20131342c1 1 A bill to be entitled 2 An act relating to traffic control; amending s. 3 316.0083, F.S.; revising provisions for enforcement of 4 specified provisions using a traffic infraction 5 detector; revising notification of violation 6 requirements; providing that initiating a proceeding 7 to challenge the delivery or attempted delivery of the 8 notice of violation or a citation waives any challenge 9 or dispute as to delivery; revising provisions for 10 issuance of a citation; revising provisions for 11 enforcement when a person other than the owner is 12 designated as having care, custody, or control of the 13 motor vehicle at the time of the violation; providing 14 that specified provisions for notice of violation 15 apply to such designated person; providing 16 circumstances under which a reviewing traffic 17 enforcement officer may issue a notice of violation or 18 traffic citation for a red light violation; providing 19 procedures for presentation and authentication of 20 evidence and affirmative defenses relating to a 21 traffic infraction detector or similar unattended 22 device; requiring counties and municipalities with 23 traffic infraction detectors to install certain signs 24 by a specified date; amending s. 316.075, F.S.; 25 requiring traffic control signals to maintain certain 26 signal intervals and display durations based on posted 27 speeds; providing that a citation for specified 28 violations shall be dismissed if the traffic control 29 signal does not meet specified requirements; providing 30 an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Subsections (1) and (2) of section 316.0083, 35 Florida Statutes, are amended to read: 36 316.0083 Mark Wandall Traffic Safety Program; 37 administration; report.— 38 (1)(a) For purposes of administering this section, the 39 department, a county, or a municipality may authorize a traffic 40 infraction enforcement officer under s. 316.640 to issue a 41 traffic citation for a violation of s. 316.074(1) or s. 42 316.075(1)(c)1. A notice of violation and a traffic citation may 43 not be issued for failure to stop at a red light if the driver 44 is making a right-hand turn in a careful and prudent manner at 45 an intersection where right-hand turns are permissible. This 46 paragraph does not prohibit a review of information from a 47 traffic infraction detector by an authorized employee or agent 48 of the department, a county, or a municipality before issuance 49 of the traffic citation by the traffic infraction enforcement 50 officer. This paragraph does not prohibit the department, a 51 county, or a municipality from issuing notification as provided 52 in paragraph (b) to the registered owner of the motor vehicle or 53 to another person identified as having care, custody, and 54 control of the motor vehicle involved in the violation of s. 55 316.074(1) or s. 316.075(1)(c)1. 56 (b)1.a. Within 30 days after a violation, notification must 57 be sent to the registered owner of the motor vehicle involved in 58 the violation specifying the remedies available under s. 318.14 59 and that the violator must pay the penalty of $158 to the 60 department, county, or municipality, or furnish an affidavit in 61 accordance with paragraph (d), within 30 days following the date 62 of the notification in order to avoid court fees, costs, and the 63 issuance of a traffic citation. The notification shall be sent 64 by first-class mail. 65 b. Included with the notification to the registered owner 66 of the motor vehicle involved in the infraction must be a notice 67 that the owner has the right to review the photographic or 68 electronic images or the streaming video evidence that 69 constitutes a rebuttable presumption against the owner of the 70 vehicle. The notice must state the time and place or Internet 71 location where the evidence may be examined and observed. 72 2. Penalties assessed and collected by the department, 73 county, or municipality authorized to collect the funds provided 74 for in this paragraph, less the amount retained by the county or 75 municipality pursuant to subparagraph 3., shall be paid to the 76 Department of Revenue weekly. Payment by the department, county, 77 or municipality to the state shall be made by means of 78 electronic funds transfers. In addition to the payment, summary 79 detail of the penalties remitted shall be reported to the 80 Department of Revenue. 81 3. Penalties to be assessed and collected by the 82 department, county, or municipality are as follows: 83 a. One hundred fifty-eight dollars for a violation of s. 84 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 85 stop at a traffic signal if enforcement is by the department’s 86 traffic infraction enforcement officer. One hundred dollars 87 shall be remitted to the Department of Revenue for deposit into 88 the General Revenue Fund, $10 shall be remitted to the 89 Department of Revenue for deposit into the Department of Health 90 Emergency Medical Services Trust Fund, $3 shall be remitted to 91 the Department of Revenue for deposit into the Brain and Spinal 92 Cord Injury Trust Fund, and $45 shall be distributed to the 93 municipality in which the violation occurred, or, if the 94 violation occurred in an unincorporated area, to the county in 95 which the violation occurred. Funds deposited into the 96 Department of Health Emergency Medical Services Trust Fund under 97 this sub-subparagraph shall be distributed as provided in s. 98 395.4036(1). Proceeds of the infractions in the Brain and Spinal 99 Cord Injury Trust Fund shall be distributed quarterly to the 100 Miami Project to Cure Paralysis and shall be used for brain and 101 spinal cord research. 102 b. One hundred fifty-eight dollars for a violation of s. 103 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 104 stop at a traffic signal if enforcement is by a county or 105 municipal traffic infraction enforcement officer. Seventy 106 dollars shall be remitted by the county or municipality to the 107 Department of Revenue for deposit into the General Revenue Fund, 108 $10 shall be remitted to the Department of Revenue for deposit 109 into the Department of Health Emergency Medical Services Trust 110 Fund, $3 shall be remitted to the Department of Revenue for 111 deposit into the Brain and Spinal Cord Injury Trust Fund, and 112 $75 shall be retained by the county or municipality enforcing 113 the ordinance enacted pursuant to this section. Funds deposited 114 into the Department of Health Emergency Medical Services Trust 115 Fund under this sub-subparagraph shall be distributed as 116 provided in s. 395.4036(1). Proceeds of the infractions in the 117 Brain and Spinal Cord Injury Trust Fund shall be distributed 118 quarterly to the Miami Project to Cure Paralysis and shall be 119 used for brain and spinal cord research. 120 4. An individual may not receive a commission from any 121 revenue collected from violations detected through the use of a 122 traffic infraction detector. A manufacturer or vendor may not 123 receive a fee or remuneration based upon the number of 124 violations detected through the use of a traffic infraction 125 detector. 126 (c)1.a. A traffic citation issued under this section shall 127 be issued by mailing the traffic citation by certified mail to 128 the address of the registered owner of the motor vehicle 129 involved in the violation when payment has not been made within 130 30 days after notification under subparagraph (b)1. 131 b. MailingDeliveryof the traffic citation constitutes 132 notification under this paragraph. If the registered owner or 133 the person designated as having care, custody, and control of 134 the motor vehicle at the time of the violation, or a duly 135 authorized representative thereof, is present at any proceeding 136 pursuant to this section, such person waives any challenge or 137 dispute as to notification of the citation. 138 c. In the case of joint ownership of a motor vehicle, the 139 traffic citation shall be mailed to the first name appearing on 140 the registration, unless the first name appearing on the 141 registration is a business organization, in which case the 142 second name appearing on the registration may be used. 143 d. The traffic citation shall be mailed to the registered 144 owner of the motor vehicle involved in the violation no later 145 than 60 days after the date of the violation. 146 2. Included with the notification to the registered owner 147 of the motor vehicle involved in the infraction shall be a 148 notice that the owner has the right to review, either in person 149 or remotely, the photographic or electronic images or the 150 streaming video evidence that constitutes a rebuttable 151 presumption against the owner of the vehicle. The notice must 152 state the time and place or Internet location where the evidence 153 may be examined and observed. 154 (d)1. The owner of the motor vehicle involved in the 155 violation is responsible and liable for paying the uniform 156 traffic citation issued for a violation of s. 316.074(1) or s. 157 316.075(1)(c)1. when the driver failed to stop at a traffic 158 signal, unless the owner can establish that: 159 a. The motor vehicle passed through the intersection in 160 order to yield right-of-way to an emergency vehicle or as part 161 of a funeral procession; 162 b. The motor vehicle passed through the intersection at the 163 direction of a law enforcement officer; 164 c. The motor vehicle was, at the time of the violation, in 165 the care, custody, or control of another person; 166 d. A uniform traffic citation was issued by a law 167 enforcement officer to the driver of the motor vehicle for the 168 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or 169 e. The motor vehicle’s owner was deceased on or before the 170 date that the uniform traffic citation was issued, as 171 established by an affidavit submitted by the representative of 172 the motor vehicle owner’s estate or other designated person or 173 family member. 174 2. In order to establish such facts, the owner of the motor 175 vehicle shall, within 30 days after the date of issuance of the 176 traffic citation, furnish to the appropriate governmental entity 177 an affidavit setting forth detailed information supporting an 178 exemption as provided in this paragraph. 179 a. An affidavit supporting an exemption under sub 180 subparagraph 1.c. must include the name, address, date of birth, 181 and, if known, the driver license number of the person who 182 leased, rented, or otherwise had care, custody, or control of 183 the motor vehicle at the time of the alleged violation. If the 184 vehicle was stolen at the time of the alleged offense, the 185 affidavit must include the police report indicating that the 186 vehicle was stolen. 187 b. If a traffic citation for a violation of s. 316.074(1) 188 or s. 316.075(1)(c)1. was issued at the location of the 189 violation by a law enforcement officer, the affidavit must 190 include the serial number of the uniform traffic citation. 191 c. If the motor vehicle’s owner to whom a traffic citation 192 has been issued is deceased, the affidavit must include a 193 certified copy of the owner’s death certificate showing that the 194 date of death occurred on or before the issuance of the uniform 195 traffic citation and one of the following: 196 (I) A bill of sale or other document showing that the 197 deceased owner’s motor vehicle was sold or transferred after his 198 or her death, but on or before the date of the alleged 199 violation. 200 (II) Documentary proof that the registered license plate 201 belonging to the deceased owner’s vehicle was returned to the 202 department or any branch office or authorized agent of the 203 department, but on or before the date of the alleged violation. 204 (III) A copy of a police report showing that the deceased 205 owner’s registered license plate or motor vehicle was stolen 206 after the owner’s death, but on or before the date of the 207 alleged violation. 208 209 Upon receipt of the affidavit and documentation required under 210 this sub-subparagraph, the governmental entity must dismiss the 211 citation and provide proof of such dismissal to the person that 212 submitted the affidavit. 213 3. Upon receipt of an affidavit, the person designated as 214 having care, custody, and control of the motor vehicle at the 215 time of the violation may be issued a notice of violation 216 pursuant to paragraph (b)traffic citationfor a violation of s. 217 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop 218 at a traffic signal. The notice of violation may be issued to 219 the person designated by a traffic infraction officer or an 220 agent of the department, county, or municipality in the 221 affidavit as having care, custody, and control of the motor 222 vehicle at the time of the violation. The affidavit is 223 admissible in a proceeding pursuant to this section for the 224 purpose of providing proof that the person identified in the 225 affidavit was in actual care, custody, or control of the motor 226 vehicle. The owner of a leased vehicle for which a traffic 227 citation is issued for a violation of s. 316.074(1) or s. 228 316.075(1)(c)1. when the driver failed to stop at a traffic 229 signal is not responsible for paying the traffic citation and is 230 not required to submit an affidavit as specified in this 231 subsection if the motor vehicle involved in the violation is 232 registered in the name of the lessee of such motor vehicle. 233 4. Paragraphs (b) and (c) apply to the person identified on 234 the affidavit, except that the notification under sub 235 subparagraph (b)1.a. must be sent within 30 days after receipt 236 of an affidavit and the traffic citation mailed pursuant to sub 237 subparagraph (c)1.d. must be mailed no later than 30 days after 238 the date the notification of violation is mailed. 239 5.4.The submission of a false affidavit is a misdemeanor 240 of the second degree, punishable as provided in s. 775.082 or s. 241 775.083. 242 (e) The photographic or electronic images or streaming 243 video attached to or referenced in the traffic citation is 244 evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. 245 when the driver failed to stop at a traffic signal has occurred 246 and is admissible in any proceeding to enforce this section and 247 raises a rebuttable presumption that the motor vehicle named in 248 the report or shown in the photographic or electronic images or 249 streaming video evidence was used in violation of s. 316.074(1) 250 or s. 316.075(1)(c)1. when the driver failed to stop at a 251 traffic signal. 252 (f) Documentation provided by the Department of 253 Transportation which demonstrates that the traffic infraction 254 detection equipment meets the appropriate testing specifications 255 is prima facie evidence of the reliability of the traffic 256 infraction detector. A person raising the reliability of the 257 traffic infraction detector as an affirmative defense to the 258 notice of violation must establish by clear and convincing 259 evidence that the detector did not meet specifications 260 prescribed by the Department of Transportation. 261 (2) A notice of violation and a traffic citation may not be 262 issued for failure to stop at a red light if the driver is 263 making a right-hand turn in a careful and prudent manner at an 264 intersection where right-hand turns are permissible. 265 (a) A notice of violation or traffic citation for failure 266 to stop at a red light before making a right-hand turn may be 267 issued at the discretion of the reviewing traffic infraction 268 enforcement officer, as if the citation had been issued by an 269 officer at an intersection. When examining evidence for 270 violations under this subsection, a traffic infraction 271 enforcement officer shall consider one or more of the following 272 factors that would indicate the turn was not made in a careful 273 or prudent manner: 274 1. The operator of the motor vehicle failed to yield to a 275 pedestrian or bicyclist. 276 2. The operator of the motor vehicle put a pedestrian or 277 bicyclist in danger of injury. 278 3. The operator of the motor vehicle failed to yield to 279 another vehicle or oncoming traffic. 280 4. The operator of the motor vehicle did not substantially 281 reduce the speed of the motor vehicle before making the right 282 hand turn movement. For violations of this factor, the reviewing 283 officer must approximate that the speed of the turn was made in 284 excess of 10 miles per hour. 285 (b) A citation may not be issued under this subsection if 286 the driver of the vehicle came to a complete stop before turning 287 right, when permissible at a red light, but failed to stop 288 before the point at which a stop is required. 289 (c) A county or municipality that installs a traffic 290 infraction detector at an intersection shall install a sign 291 notifying the public that a traffic infraction detector is in 292 use at that intersection. Such signage must specifically include 293 notification of camera enforcement of violations for right turns 294 at that intersection. Such signage must meet the specifications 295 for uniform signals and devices adopted by the Department of 296 Transportation. Counties and municipalities must be in 297 compliance with this subsection by January 1, 2014. 298 Section 2. Section 316.075, Florida Statutes, is amended to 299 read: 300 316.075 Traffic control signal devices.— 301 (1) Except for automatic warning signal lights installed or 302 to be installed at railroad crossings, whenever traffic, 303 including municipal traffic, is controlled by traffic control 304 signals exhibiting different colored lights, or colored lighted 305 arrows, successively one at a time or in combination, only the 306 colors green, red, and yellow shall be used, except for special 307 pedestrian signals carrying a word legend, and the lights shall 308 indicate and apply to drivers of vehicles and pedestrians as 309 follows: 310 (a) Green indication.— 311 1. Vehicular traffic facing a circular green signal may 312 proceed cautiously straight through or turn right or left unless 313 a sign at such place prohibits either such turn. But vehicular 314 traffic, including vehicles turning right or left, shall yield 315 the right-of-way to other vehicles and to pedestrians lawfully 316 within the intersection or an adjacent crosswalk at the time 317 such signal is exhibited. 318 2. Vehicular traffic facing a green arrow signal, shown 319 alone or in combination with another indication, as directed by 320 the manual, may cautiously enter the intersection only to make 321 the movement indicated by such arrow, or such other movement as 322 is permitted by other indications shown at the same time, except 323 the driver of any vehicle may U-turn, so as to proceed in the 324 opposite direction unless such movement is prohibited by posted 325 traffic control signs. Such vehicular traffic shall yield the 326 right-of-way to pedestrians lawfully within an adjacent 327 crosswalk and to other traffic lawfully using the intersection. 328 3. Unless otherwise directed by a pedestrian control signal 329 as provided in s. 316.0755, pedestrians facing any green signal, 330 except when the sole green signal is a turn arrow, may proceed 331 across the roadway within any marked or unmarked crosswalk. 332 (b) Steady yellow indication.— 333 1. Vehicular traffic facing a steady yellow signal is 334 thereby warned that the related green movement is being 335 terminated or that a red indication will be exhibited 336 immediately thereafter when vehicular traffic shall not enter 337 the intersection. 338 2. Pedestrians facing a steady yellow signal, unless 339 otherwise directed by a pedestrian control signal as provided in 340 s. 316.0755, are thereby advised that there is insufficient time 341 to cross the roadway before a red indication is shown and no 342 pedestrian shall start to cross the roadway. 343 (c) Steady red indication.— 344 1. Vehicular traffic facing a steady red signal shall stop 345 before entering the crosswalk on the near side of the 346 intersection or, if none, then before entering the intersection 347 and shall remain standing until a green indication is shown; 348 however: 349 a. The driver of a vehicle which is stopped at a clearly 350 marked stop line, but if none, before entering the crosswalk on 351 the near side of the intersection, or, if none then at the point 352 nearest the intersecting roadway where the driver has a view of 353 approaching traffic on the intersecting roadway before entering 354 the intersection in obedience to a steady red signal may make a 355 right turn, but shall yield the right-of-way to pedestrians and 356 other traffic proceeding as directed by the signal at the 357 intersection, except that municipal and county authorities may 358 prohibit any such right turn against a steady red signal at any 359 intersection, which prohibition shall be effective when a sign 360 giving notice thereof is erected in a location visible to 361 traffic approaching the intersection. 362 b. The driver of a vehicle on a one-way street that 363 intersects another one-way street on which traffic moves to the 364 left shall stop in obedience to a steady red signal, but may 365 then make a left turn into the one-way street, but shall yield 366 the right-of-way to pedestrians and other traffic proceeding as 367 directed by the signal at the intersection, except that 368 municipal and county authorities may prohibit any such left turn 369 as described, which prohibition shall be effective when a sign 370 giving notice thereof is attached to the traffic control signal 371 device at the intersection. 372 2.a. The driver of a vehicle facing a steady red signal 373 shall stop before entering the crosswalk and remain stopped to 374 allow a pedestrian, with a permitted signal, to cross a roadway 375 when the pedestrian is in the crosswalk or steps into the 376 crosswalk and is upon the half of the roadway upon which the 377 vehicle is traveling or when the pedestrian is approaching so 378 closely from the opposite half of the roadway as to be in 379 danger. 380 b. Unless otherwise directed by a pedestrian control signal 381 as provided in s. 316.0755, pedestrians facing a steady red 382 signal shall not enter the roadway. 383 (2) In the event an official traffic control signal is 384 erected and maintained at a place other than an intersection, 385 the provisions of this section shall be applicable except as to 386 those provisions which by their nature can have no application. 387 Any stop required shall be made at a sign or marking on the 388 pavement indicating where the stop shall be made, but in the 389 absence of any such sign or marking the stop shall be made at 390 the signal. 391 (3)(a) ANotraffic control signal device may notshallbe 392 used unless it exhibitswhich does not exhibita yellow or 393 “caution” light between the green or “go” signal and the red or 394 “stop” signal. The yellow signal display duration on traffic 395 control signals shall be based on the standards set forth in the 396 Florida Department of Transportation’s Traffic Engineering 397 Manual. 398 (b) ANotraffic control signal device may notshall399 display other than the color red at the top of the vertical 400 signal, nor mayshallit display other than the color red at the 401 extreme left of the horizontal signal. 402 (4)(a) A violation of subsection (1) or subsection (2)this403sectionis a noncriminal traffic infraction, punishable pursuant 404 to chapter 318 as either a pedestrian violation or, if the 405 infraction resulted from the operation of a vehicle, as a moving 406 violation. However, no person issued a citation by a traffic 407 enforcement officer shall be found to have committed a violation 408 of subparagraph (1)(c)1. if the traffic control device at the 409 intersection did not meet all requirements under subsection (3). 410 Section 3. This act shall take effect July 1, 2013.