Bill Text: FL S1342 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2013 SB 1342 By Senator Abruzzo 25-01299B-13 20131342__ 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; prohibiting a notice of violation or a 6 traffic citation for a right-on-red violation under 7 specified provisions; revising notification 8 requirements; revising procedures for disposition upon 9 notice of violation; providing that initiating a 10 proceeding to challenge the delivery or attempted 11 delivery of the notice of violation or a citation 12 waives any challenge or dispute as to delivery; 13 revising provisions for issuance of a citation; 14 revising provisions for enforcement when a person 15 other than the owner is designated as having care, 16 custody, or control of the motor vehicle at the time 17 of the violation; providing that specified provisions 18 for notice of violation apply to such designated 19 person; specifying that the burden of proving guilt 20 rests upon the governmental entity bringing the charge 21 and that a person may not be compelled to be a witness 22 against himself or herself; specifying that, in any 23 hearing involving a traffic infraction detector or 24 similar unattended device, each person so charged has 25 the right to confront the witnesses against him or 26 her; providing procedures for presentation and 27 authentication of evidence relating to a traffic 28 infraction detector or similar unattended device; 29 specifying requirements for compensation of witnesses 30 for the prosecution; amending s. 316.075, F.S.; 31 requiring traffic control signals to maintain certain 32 signal intervals and display durations based on posted 33 speeds; providing that a citation for specified 34 violations shall be dismissed if the traffic control 35 signal does not meet specified requirements; providing 36 dates for intersections to meet such requirements; 37 providing penalties for violation by a local 38 governmental entity; providing for dismissal of 39 citations issued at certain nonconforming 40 intersections and refund of penalties collected 41 pursuant to such citations; providing an effective 42 date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Subsections (1) and (2) of section 316.0083, 47 Florida Statutes, are amended to read: 48 316.0083 Mark Wandall Traffic Safety Program; 49 administration; report.— 50 (1)(a) For purposes of administering this section, the 51 department, a county, or a municipality may authorize a traffic 52 infraction enforcement officer under s. 316.640 to issue a 53 traffic citation for a violation of s. 316.074(1) or s. 54 316.075(1)(c)1. Neither a notice of violation noranda traffic 55 citation maynotbe issued under this section for a right-on-red 56 violationfor failure to stop at a red light if the driver is57making a right-hand turn in a careful and prudent manner at an58intersection where right-hand turns are permissible. This 59 paragraph does not prohibit a review of information from a 60 traffic infraction detector by an authorized employee or agent 61 of the department, a county, or a municipality before issuance 62 of the traffic citation by the traffic infraction enforcement 63 officer. This paragraph does not prohibit the department, a 64 county, or a municipality from issuing notification as provided 65 in paragraph (b) to the registered owner of the motor vehicle or 66 to another person identified as having care, custody, or control 67 of the motor vehicle involved in the violation of s. 316.074(1) 68 or s. 316.075(1)(c)1. unless the notification is for a right-on 69 red violation. 70 (b)1.a. Within 30 days after a violation, notification must 71 be sent to the registered owner of the motor vehicle involved in 72 the violation specifying the remedies available under s. 318.14 73 and that the violator must pay the penalty of $158 to the 74 department, county, or municipality, or furnish an affidavit in 75 accordance with paragraph (d), or request a hearing, within 30 76 days following the date of delivery or attempted delivery of the 77 notification in order to avoid court fees, costs, and the 78 issuance of a traffic citation. The notification shall be sent 79 by certifiedfirst-classmail. 80 b. Included with the notification to the registered owner 81 of the motor vehicle involved in the infraction must be a notice 82 that the owner has the right to review the photographic or 83 electronic images or the streaming video evidence that 84 constitutes a rebuttable presumption against the owner of the 85 vehicle. The notice must state the time and place or Internet 86 location where the evidence may be examined and observed. 87 c. Notwithstanding any other provision of law, a person who 88 receives a notice of violation under this section shall have the 89 option of requesting a hearing within 30 days following the date 90 of delivery or attempted delivery of the notice of violation or 91 paying the penalty pursuant to the notice of violation, but no 92 payment or fee may be required before a hearing requested by the 93 person. For purposes of this subparagraph, the term “person” 94 includes a natural person, registered owner or coowner of a 95 motor vehicle, or person identified on an affidavit as having 96 care, custody, or control of the motor vehicle at the time of 97 the violation. 98 d. If the registered owner or coowner of the motor vehicle, 99 or the person designated as having care, custody, or control of 100 the motor vehicle at the time of the violation, or a duly 101 authorized representative of the owner, coowner, or designated 102 person, initiates a proceeding to challenge the delivery or 103 attempted delivery of the notice of violation pursuant to this 104 paragraph, such person waives any challenge or dispute as to 105 delivery. 106 2. Penalties assessed and collected by the department, 107 county, or municipality authorized to collect the funds provided 108 for in this paragraph, less the amount retained by the county or 109 municipality pursuant to subparagraph 3., shall be paid to the 110 Department of Revenue weekly. Payment by the department, county, 111 or municipality to the state shall be made by means of 112 electronic funds transfers. In addition to the payment, summary 113 detail of the penalties remitted shall be reported to the 114 Department of Revenue. 115 3. Penalties to be assessed and collected by the 116 department, county, or municipality are as follows: 117 a. One hundred fifty-eight dollars for a violation of s. 118 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 119 stop at a traffic signal if enforcement is by the department’s 120 traffic infraction enforcement officer. One hundred dollars 121 shall be remitted to the Department of Revenue for deposit into 122 the General Revenue Fund, $10 shall be remitted to the 123 Department of Revenue for deposit into the Department of Health 124 Emergency Medical Services Trust Fund, $3 shall be remitted to 125 the Department of Revenue for deposit into the Brain and Spinal 126 Cord Injury Trust Fund, and $45 shall be distributed to the 127 municipality in which the violation occurred, or, if the 128 violation occurred in an unincorporated area, to the county in 129 which the violation occurred. Funds deposited into the 130 Department of Health Emergency Medical Services Trust Fund under 131 this sub-subparagraph shall be distributed as provided in s. 132 395.4036(1). Proceeds of the infractions in the Brain and Spinal 133 Cord Injury Trust Fund shall be distributed quarterly to the 134 Miami Project to Cure Paralysis and shall be used for brain and 135 spinal cord research. 136 b. One hundred fifty-eight dollars for a violation of s. 137 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 138 stop at a traffic signal if enforcement is by a county or 139 municipal traffic infraction enforcement officer. Seventy 140 dollars shall be remitted by the county or municipality to the 141 Department of Revenue for deposit into the General Revenue Fund, 142 $10 shall be remitted to the Department of Revenue for deposit 143 into the Department of Health Emergency Medical Services Trust 144 Fund, $3 shall be remitted to the Department of Revenue for 145 deposit into the Brain and Spinal Cord Injury Trust Fund, and 146 $75 shall be retained by the county or municipality enforcing 147 the ordinance enacted pursuant to this section. Funds deposited 148 into the Department of Health Emergency Medical Services Trust 149 Fund under this sub-subparagraph shall be distributed as 150 provided in s. 395.4036(1). Proceeds of the infractions in the 151 Brain and Spinal Cord Injury Trust Fund shall be distributed 152 quarterly to the Miami Project to Cure Paralysis and shall be 153 used for brain and spinal cord research. 154 4. An individual may not receive a commission from any 155 revenue collected from violations detected through the use of a 156 traffic infraction detector. A manufacturer or vendor may not 157 receive a fee or remuneration based upon the number of 158 violations detected through the use of a traffic infraction 159 detector. 160 (c)1.a. A traffic citation issued under this section shall 161 be issued by mailing the traffic citation by certified mail to 162 the address of the registered owner of the motor vehicle 163 involved in the violation when payment has not been made within 164 30 days after the date of delivery or attempted delivery of the 165 notification under paragraph (b), the registered owner has not 166 requested a hearing as permitted by paragraph (b), and the 167 registered owner has not submitted an affidavit under this 168 sectionsubparagraph (b)1. 169 b. Delivery or attempted delivery of the traffic citation 170 constitutes notification under this paragraph. If the registered 171 owner or coowner of the motor vehicle, or the person designated 172 as having care, custody, or control of the motor vehicle at the 173 time of the violation, or a duly authorized representative of 174 the owner, coowner, or designated person, initiates a proceeding 175 to challenge the delivery or attempted delivery of the citation 176 pursuant to this section, such person waives any challenge or 177 dispute as to delivery. 178 c. In the case of joint ownership of a motor vehicle, the 179 traffic citation shall be mailed to the first name appearing on 180 the registration, unless the first name appearing on the 181 registration is a business organization, in which case the 182 second name appearing on the registration may be used. 183d. The traffic citation shall be mailed to the registered184owner of the motor vehicle involved in the violation no later185than 60 days after the date of the violation.186 2. Included with the notification to the registered owner 187 of the motor vehicle involved in the infraction shall be a 188 notice that the owner has the right to review, either in person 189 or remotely, the photographic or electronic images or the 190 streaming video evidence that constitutes a rebuttable 191 presumption against the owner of the vehicle. The notice must 192 state the time and place or Internet location where the evidence 193 may be examined and observed. 194 (d)1. The owner of the motor vehicle involved in the 195 violation is responsible and liable for paying the uniform 196 traffic citation issued for a violation of s. 316.074(1) or s. 197 316.075(1)(c)1. when the driver failed to stop at a traffic 198 signal, unless the owner can establish that: 199 a. The motor vehicle passed through the intersection in 200 order to yield right-of-way to an emergency vehicle or as part 201 of a funeral procession; 202 b. The motor vehicle passed through the intersection at the 203 direction of a law enforcement officer; 204 c. The motor vehicle was, at the time of the violation, in 205 the care, custody, or control of another person; 206 d. A uniform traffic citation was issued by a law 207 enforcement officer to the driver of the motor vehicle for the 208 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or 209 e. The motor vehicle’s owner was deceased on or before the 210 date that the uniform traffic citation was issued, as 211 established by an affidavit submitted by the representative of 212 the motor vehicle owner’s estate or other designated person or 213 family member. 214 2. In order to establish such facts, the owner of the motor 215 vehicle shall, within 30 days after the date of issuance of the 216 traffic citation, furnish to the appropriate governmental entity 217 an affidavit setting forth detailed information supporting an 218 exemption as provided in this paragraph. 219 a. An affidavit supporting an exemption under sub 220 subparagraph 1.c. must include the name, address, date of birth, 221 and, if known, the driver license number of the person who 222 leased, rented, or otherwise had care, custody, or control of 223 the motor vehicle at the time of the alleged violation. If the 224 vehicle was stolen at the time of the alleged offense, the 225 affidavit must include the police report indicating that the 226 vehicle was stolen. 227 b. If a traffic citation for a violation of s. 316.074(1) 228 or s. 316.075(1)(c)1. was issued at the location of the 229 violation by a law enforcement officer, the affidavit must 230 include the serial number of the uniform traffic citation. 231 c. If the motor vehicle’s owner to whom a traffic citation 232 has been issued is deceased, the affidavit must include a 233 certified copy of the owner’s death certificate showing that the 234 date of death occurred on or before the issuance of the uniform 235 traffic citation and one of the following: 236 (I) A bill of sale or other document showing that the 237 deceased owner’s motor vehicle was sold or transferred after his 238 or her death, but on or before the date of the alleged 239 violation. 240 (II) Documentary proof that the registered license plate 241 belonging to the deceased owner’s vehicle was returned to the 242 department or any branch office or authorized agent of the 243 department, but on or before the date of the alleged violation. 244 (III) A copy of a police report showing that the deceased 245 owner’s registered license plate or motor vehicle was stolen 246 after the owner’s death, but on or before the date of the 247 alleged violation. 248 249 Upon receipt of the affidavit and documentation required under 250 this sub-subparagraph, the governmental entity must dismiss the 251 citation and provide proof of such dismissal to the person that 252 submitted the affidavit. 253 3. Upon receipt of an affidavit, the person designated as 254 having care, custody, orandcontrol of the motor vehicle at the 255 time of the violation may be issued a notice of violation 256 pursuant to paragraph (b)traffic citationfor a violation of s. 257 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop 258 at a traffic signal. The affidavit is admissible in a proceeding 259 pursuant to this section for the purpose of providing proof that 260 the person identified in the affidavit was in actual care, 261 custody, or control of the motor vehicle. The owner of a leased 262 vehicle for which a traffic citation is issued for a violation 263 of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to 264 stop at a traffic signal is not responsible for paying the 265 traffic citation and is not required to submit an affidavit as 266 specified in this subsection if the motor vehicle involved in 267 the violation is registered in the name of the lessee of such 268 motor vehicle. 269 4. Paragraphs (b) and (c) apply to the person identified on 270 the affidavit, except that the notification under sub 271 subparagraph (b)1.a. must be sent to the person identified on 272 the affidavit within 30 days after receipt of an affidavit. 273 5.4.The submission of a false affidavit is a misdemeanor 274 of the second degree, punishable as provided in s. 775.082 or s. 275 775.083. 276 (e) The photographic or electronic images or streaming 277 video attached to or referenced in the traffic citation is 278 evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. 279 when the driver failed to stop at a traffic signal has occurred 280 and is admissible in any proceeding to enforce this section and 281 raises a rebuttable presumption that the motor vehicle named in 282 the report or shown in the photographic or electronic images or 283 streaming video evidence was used in violation of s. 316.074(1) 284 or s. 316.075(1)(c)1. when the driver failed to stop at a 285 traffic signal. 286 (f) Notwithstanding any other provision of law, the burden 287 of proving guilt shall rest upon the governmental entity 288 bringing the charge under this section. A person appearing in 289 any hearing under this section may not be compelled to be a 290 witness against himself or herself. 291 (g) Notwithstanding any other provision of law, in any 292 hearing involving a traffic infraction detector or similar 293 unattended device used to enforce the traffic laws of this 294 state, each person so charged has the right to confront the 295 witnesses against him or her. Any evidence obtained from such 296 device must be authenticated in court by the person receiving or 297 processing the evidence, any person having reviewed such 298 evidence in order to make a decision to issue a notice of 299 violation, and any person who issued the notice of violation or 300 traffic citation. An affidavit is not sufficient to authenticate 301 such evidence, and such evidence must be accounted for in 302 writing from the time of the alleged violation until the 303 issuance of any notice of violation or traffic citation. 304 Compensation of any witness for the prosecution shall be as 305 required in s. 92.143. 306 (2) Neither a notice of violation noranda traffic 307 citation maynotbe issued under this section for a right-on-red 308 violationfor failure to stop at a red light if the driver is309making a right-hand turn in a careful and prudent manner at an310intersection where right-hand turns are permissible. 311 Section 2. Section 316.075, Florida Statutes, is amended to 312 read: 313 316.075 Traffic control signal devices.— 314 (1) Except for automatic warning signal lights installed or 315 to be installed at railroad crossings, whenever traffic, 316 including municipal traffic, is controlled by traffic control 317 signals exhibiting different colored lights, or colored lighted 318 arrows, successively one at a time or in combination, only the 319 colors green, red, and yellow shall be used, except for special 320 pedestrian signals carrying a word legend, and the lights shall 321 indicate and apply to drivers of vehicles and pedestrians as 322 follows: 323 (a) Green indication.— 324 1. Vehicular traffic facing a circular green signal may 325 proceed cautiously straight through or turn right or left unless 326 a sign at such place prohibits either such turn. But vehicular 327 traffic, including vehicles turning right or left, shall yield 328 the right-of-way to other vehicles and to pedestrians lawfully 329 within the intersection or an adjacent crosswalk at the time 330 such signal is exhibited. 331 2. Vehicular traffic facing a green arrow signal, shown 332 alone or in combination with another indication, as directed by 333 the manual, may cautiously enter the intersection only to make 334 the movement indicated by such arrow, or such other movement as 335 is permitted by other indications shown at the same time, except 336 the driver of any vehicle may U-turn, so as to proceed in the 337 opposite direction unless such movement is prohibited by posted 338 traffic control signs. Such vehicular traffic shall yield the 339 right-of-way to pedestrians lawfully within an adjacent 340 crosswalk and to other traffic lawfully using the intersection. 341 3. Unless otherwise directed by a pedestrian control signal 342 as provided in s. 316.0755, pedestrians facing any green signal, 343 except when the sole green signal is a turn arrow, may proceed 344 across the roadway within any marked or unmarked crosswalk. 345 (b) Steady yellow indication.— 346 1. Vehicular traffic facing a steady yellow signal is 347 thereby warned that the related green movement is being 348 terminated or that a red indication will be exhibited 349 immediately thereafter when vehicular traffic shall not enter 350 the intersection. 351 2. Pedestrians facing a steady yellow signal, unless 352 otherwise directed by a pedestrian control signal as provided in 353 s. 316.0755, are thereby advised that there is insufficient time 354 to cross the roadway before a red indication is shown and no 355 pedestrian shall start to cross the roadway. 356 (c) Steady red indication.— 357 1. Vehicular traffic facing a steady red signal shall stop 358 before entering the crosswalk on the near side of the 359 intersection or, if none, then before entering the intersection 360 and shall remain standing until a green indication is shown; 361 however: 362 a. The driver of a vehicle which is stopped at a clearly 363 marked stop line, but if none, before entering the crosswalk on 364 the near side of the intersection, or, if none then at the point 365 nearest the intersecting roadway where the driver has a view of 366 approaching traffic on the intersecting roadway before entering 367 the intersection in obedience to a steady red signal may make a 368 right turn, but shall yield the right-of-way to pedestrians and 369 other traffic proceeding as directed by the signal at the 370 intersection, except that municipal and county authorities may 371 prohibit any such right turn against a steady red signal at any 372 intersection, which prohibition shall be effective when a sign 373 giving notice thereof is erected in a location visible to 374 traffic approaching the intersection. 375 b. The driver of a vehicle on a one-way street that 376 intersects another one-way street on which traffic moves to the 377 left shall stop in obedience to a steady red signal, but may 378 then make a left turn into the one-way street, but shall yield 379 the right-of-way to pedestrians and other traffic proceeding as 380 directed by the signal at the intersection, except that 381 municipal and county authorities may prohibit any such left turn 382 as described, which prohibition shall be effective when a sign 383 giving notice thereof is attached to the traffic control signal 384 device at the intersection. 385 2.a. The driver of a vehicle facing a steady red signal 386 shall stop before entering the crosswalk and remain stopped to 387 allow a pedestrian, with a permitted signal, to cross a roadway 388 when the pedestrian is in the crosswalk or steps into the 389 crosswalk and is upon the half of the roadway upon which the 390 vehicle is traveling or when the pedestrian is approaching so 391 closely from the opposite half of the roadway as to be in 392 danger. 393 b. Unless otherwise directed by a pedestrian control signal 394 as provided in s. 316.0755, pedestrians facing a steady red 395 signal shall not enter the roadway. 396 (2) In the event an official traffic control signal is 397 erected and maintained at a place other than an intersection, 398 the provisions of this section shall be applicable except as to 399 those provisions which by their nature can have no application. 400 Any stop required shall be made at a sign or marking on the 401 pavement indicating where the stop shall be made, but in the 402 absence of any such sign or marking the stop shall be made at 403 the signal. 404 (3)(a) ANotraffic control signal device may notshallbe 405 used unless it exhibitswhich does not exhibita yellow or 406 “caution” light between the green or “go” signal and the red or 407 “stop” signal. Whenever an engineering analysis is undertaken 408 for the purpose of evaluating or reevaluating yellow and red 409 signal display durations of a new or existing traffic control 410 signal, the department and local authorities shall adhere to the 411 following: 412 1. The minimum yellow signal display duration on traffic 413 control signals shall be based on the posted speed limit plus 10 414 percent along with the standards set forth in the Florida 415 Department of Transportation’s Traffic Engineering Manual. The 416 minimum yellow signal display duration shall be 3 seconds for 417 traffic control signals on streets with a posted speed limit of 418 25 miles per hour or less. The minimum yellow signal display 419 duration found after the evaluation or reevaluation under this 420 paragraph shall be raised to the nearest half second, not to 421 exceed 6 seconds. 422 2. Intersections with a posted speed limit greater than 55 423 miles per hour shall have, on approach, a sign posted in 424 accordance with the Florida Department of Transportation’s 425 Traffic Engineering Manual to alert drivers to the traffic 426 control signal. 427 (b) ANotraffic control signal device may notshall428 display other than the color red at the top of the vertical 429 signal, nor mayshallit display other than the color red at the 430 extreme left of the horizontal signal. 431 (c) To provide additional time before conflicting traffic 432 movements proceed, the yellow signal display shall be followed 433 by an all red clearance interval delaying the change of opposing 434 red light signals. The duration of the clearance interval shall 435 be determined by engineering practices as provided for in the 436 Florida Department of Transportation’s Traffic Engineering 437 Manual required under s. 316.0745. The duration of a red 438 clearance interval may be extended from its predetermined value 439 for a given cycle based upon the detection of a vehicle that is 440 predicted to violate the red signal indication. 441 (4)(a) A violation of subsection (1) or subsection (2)this442sectionis a noncriminal traffic infraction, punishable pursuant 443 to chapter 318 as either a pedestrian violation or, if the 444 infraction resulted from the operation of a vehicle, as a moving 445 violation. However, a citation for a violation of subparagraph 446 (1)(c)1. committed at an intersection where the traffic signal 447 device does not meet all requirements under subsection (3) is 448 unenforceable, and the court, clerk of the court, designated 449 official, or authorized operator of a traffic violations bureau 450 shall dismiss the citation without penalty or assessment of 451 points against the license of the person cited. 452 (b) Intersections with traffic infraction detectors must 453 meet the requirements of this section by December 31, 2013. 454 (c) All intersections with traffic infraction detectors 455 installed after December 31, 2013, must meet the requirements of 456 this section upon installation of the traffic infraction 457 detector. 458 (d) All other intersections must meet the requirements of 459 this section by December 31, 2014. 460 (e) A local governmental entity that violates this section 461 shall be fined $500 per violation, which shall be remitted to 462 the Department of Revenue for deposit into the Brain and Spinal 463 Cord Injury Trust Fund. 464 (f) In addition to the fine listed in paragraph (e), all 465 citations issued at a nonconforming intersection over the 466 preceding 60 days shall be dismissed and all fine amounts paid 467 shall be refunded. For purposes of this paragraph, the 60-day 468 period shall begin on, and include, the date the traffic 469 infraction detector was found to be in violation of this 470 section. 471 Section 3. This act shall take effect July 1, 2013.