Bill Text: FL S0180 | 2017 | Regular Session | Introduced
Bill Title: Traffic Infraction Detectors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Transportation [S0180 Detail]
Download: Florida-2017-S0180-Introduced.html
Florida Senate - 2017 SB 180 By Senator Rodriguez 37-00255A-17 2017180__ 1 A bill to be entitled 2 An act relating to traffic infraction detectors; 3 amending s. 316.0083, F.S.; decreasing the penalty to 4 be assessed and collected by the department, county, 5 or municipality if a traffic infraction detector is 6 used to enforce specified violations when a driver 7 failed to stop at a traffic signal; allowing a person 8 to elect to attend a certain course instead of paying 9 the penalty for a first violation; providing for 10 distribution of the penalty under certain 11 circumstances; conforming provisions to changes made 12 by the act; amending s. 318.15, F.S.; prohibiting the 13 suspension of a person’s driver license and privilege 14 to drive or the withholding of the license plate or 15 revalidation sticker for failure to pay certain 16 penalties under certain circumstances; amending s. 17 318.18, F.S.; decreasing a penalty if a traffic 18 infraction detector is used to enforce specified 19 violations when a driver failed to stop at a traffic 20 signal; allowing a person to elect to attend a certain 21 course instead of paying the penalty for a first 22 violation; providing for distribution of the penalty 23 under certain circumstances; amending s. 318.21, F.S.; 24 providing for distribution of a specified fine imposed 25 using a traffic infraction detector; amending s. 26 322.27, F.S.; prohibiting points from being imposed 27 for the first occurrence of specified violations when 28 a driver failed to stop at a traffic signal if a 29 traffic infraction detector is used to enforce such 30 violations; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Paragraph (b) of subsection (1) of section 35 316.0083, Florida Statutes, is amended to read: 36 316.0083 Mark Wandall Traffic Safety Program; 37 administration; report.— 38 (1) 39 (b)1.a. Within 30 days after a violation, notification must 40 be sent to the registered owner of the motor vehicle involved in 41 the violation specifying the remedies available under s. 318.14 42 and that the violator must pay athepenalty pursuant to 43 subparagraph 3.of $158to the department, county, or 44 municipality, or furnish an affidavit in accordance with 45 paragraph (d), or request a hearing within 60 days following the 46 date of the notification in order to avoid the issuance of a 47 traffic citation. The notification must be sent by first-class 48 mail. The mailing of the notice of violation constitutes 49 notification. 50 b. Included with the notification to the registered owner 51 of the motor vehicle involved in the infraction must be a notice 52 that the owner has the right to review the photographic or 53 electronic images or the streaming video evidence that 54 constitutes a rebuttable presumption against the owner of the 55 vehicle. The notice must state the time and place or Internet 56 location where the evidence may be examined and observed. 57 c. Notwithstanding any other provision of law, a person who 58 receives a notice of violation under this section may request a 59 hearing within 60 days following the notification of violation 60 or pay the penalty pursuant to the notice of violation, but a 61 payment or fee may not be required before the hearing requested 62 by the person. The notice of violation must be accompanied by, 63 or direct the person to a website that provides, information on 64 the person’s right to request a hearing and on all court costs 65 related thereto and a form to request a hearing. As used in this 66 sub-subparagraph, the term “person” includes a natural person, 67 registered owner or coowner of a motor vehicle, or person 68 identified on an affidavit as having care, custody, or control 69 of the motor vehicle at the time of the violation. 70 d. If the registered owner or coowner of the motor vehicle, 71 or the person designated as having care, custody, or control of 72 the motor vehicle at the time of the violation, or an authorized 73 representative of the owner, coowner, or designated person, 74 initiates a proceeding to challenge the violation pursuant to 75 this paragraph, such person waives any challenge or dispute as 76 to the delivery of the notice of violation. 77 2. Penalties assessed and collected by the department, 78 county, or municipality authorized to collect the funds provided 79 for in this paragraph, less the amount retained by the county or 80 municipality pursuant to subparagraph 3., shall be paid to the 81 Department of Revenue weekly. Payment by the department, county, 82 or municipality to the state shall be made by means of 83 electronic funds transfers. In addition to the payment, summary 84 detail of the penalties remitted shall be reported to the 85 Department of Revenue. 86 3. Penalties to be assessed and collected by the 87 department, county, or municipality are as follows: 88 a. One hundred fifty-eight dollars for a violation of s. 89 316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at 90 a traffic signal if enforcement is by the department’s traffic 91 infraction enforcement officer. One hundred dollars shall be 92 remitted to the Department of Revenue for deposit into the 93 General Revenue Fund, $10 shall be remitted to the Department of 94 Revenue for deposit into the Department of Health Emergency 95 Medical Services Trust Fund, $3 shall be remitted to the 96 Department of Revenue for deposit into the Brain and Spinal Cord 97 Injury Trust Fund, and $45 shall be distributed to the 98 municipality in which the violation occurred, or, if the 99 violation occurred in an unincorporated area, to the county in 100 which the violation occurred. Funds deposited into the 101 Department of Health Emergency Medical Services Trust Fund under 102 this sub-subparagraph shall be distributed as provided in s. 103 395.4036(1). Proceeds of the infractions in the Brain and Spinal 104 Cord Injury Trust Fund shall be distributed quarterly to the 105 Miami Project to Cure Paralysis and used for brain and spinal 106 cord research. 107 b. One hundred fifty-eight dollars for a violation of s. 108 316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at 109 a traffic signal if enforcement is by a county or municipal 110 traffic infraction enforcement officer. Seventy dollars shall be 111 remitted by the county or municipality to the Department of 112 Revenue for deposit into the General Revenue Fund, $10 shall be 113 remitted to the Department of Revenue for deposit into the 114 Department of Health Emergency Medical Services Trust Fund, $3 115 shall be remitted to the Department of Revenue for deposit into 116 the Brain and Spinal Cord Injury Trust Fund, and $75 shall be 117 retained by the county or municipality enforcing the ordinance 118 enacted pursuant to this section. Funds deposited into the 119 Department of Health Emergency Medical Services Trust Fund under 120 this sub-subparagraph shall be distributed as provided in s. 121 395.4036(1). Proceeds of the infractions in the Brain and Spinal 122 Cord Injury Trust Fund shall be distributed quarterly to the 123 Miami Project to Cure Paralysis and used for brain and spinal 124 cord research. 125 c. Notwithstanding sub-subparagraphs a. and b., if a 126 traffic infraction detector is used to enforce s. 316.074(1) or 127 s. 316.075(1)(c)1., $50 for a violation of s. 316.074(1) or s. 128 316.075(1)(c)1. when a driver failed to stop at a traffic 129 signal. A person may elect to attend a department-approved 130 driver improvement course instead of paying the $50 penalty for 131 a first violation. 132 (I) If the department’s traffic infraction enforcement 133 officer issues a traffic citation for a violation under this 134 sub-subparagraph, $32 shall be remitted to the Department of 135 Revenue for deposit into the General Revenue Fund, $3 shall be 136 remitted to the Department of Revenue for deposit into the 137 Department of Health Emergency Medical Services Trust Fund, $1 138 shall be remitted to the Department of Revenue for deposit into 139 the Brain and Spinal Cord Injury Trust Fund, and $14 shall be 140 distributed to the municipality in which the violation occurred 141 or, if the violation occurred in an unincorporated area, to the 142 county in which the violation occurred. Funds deposited into the 143 Department of Health Emergency Medical Services Trust Fund under 144 this sub-sub-subparagraph shall be distributed as provided in s. 145 395.4036(1). Citation proceeds in the Brain and Spinal Cord 146 Injury Trust Fund shall be distributed quarterly to the Miami 147 Project to Cure Paralysis and used for brain and spinal cord 148 research. 149 (II) If a county or municipal traffic infraction 150 enforcement officer issues a traffic citation for a violation 151 under this sub-subparagraph, $22 shall be remitted by the county 152 or municipality to the Department of Revenue for deposit into 153 the General Revenue Fund, $3 shall be remitted to the Department 154 of Revenue for deposit into the Department of Health Emergency 155 Medical Services Trust Fund, $1 shall be remitted to the 156 Department of Revenue for deposit into the Brain and Spinal Cord 157 Injury Trust Fund, and $24 shall be retained by the county or 158 municipality enforcing the ordinance enacted pursuant to this 159 section. Funds deposited into the Department of Health Emergency 160 Medical Services Trust Fund under this sub-sub-subparagraph 161 shall be distributed as provided in s. 395.4036(1). Citation 162 proceeds in the Brain and Spinal Cord Injury Trust Fund shall be 163 distributed quarterly to the Miami Project to Cure Paralysis and 164 used for brain and spinal cord research. 165 4. An individual may not receive a commission from any 166 revenue collected from violations detected through the use of a 167 traffic infraction detector. A manufacturer or vendor may not 168 receive a fee or remuneration based upon the number of 169 violations detected through the use of a traffic infraction 170 detector. 171 Section 2. Subsection (4) is added to section 318.15, 172 Florida Statutes, to read: 173 318.15 Failure to comply with civil penalty or to appear; 174 penalty.— 175 (4) Notwithstanding this section, if a traffic infraction 176 detector is used to enforce s. 316.074(1) or s. 316.075(1)(c)1. 177 and a driver failed to stop at a traffic signal, and if there 178 are no additional violations that occurred during the same 179 incident, failure to pay the penalty pursuant to s. 180 316.0083(1)(b)3.c. or s. 318.18(15)(a)4. may not lead to the 181 suspension of the person’s driver license and privilege to drive 182 or to the withholding of the license plate or revalidation 183 sticker. 184 Section 3. Paragraph (a) of subsection (15) of section 185 318.18, Florida Statutes, is amended to read: 186 318.18 Amount of penalties.—The penalties required for a 187 noncriminal disposition pursuant to s. 318.14 or a criminal 188 offense listed in s. 318.17 are as follows: 189 (15)(a)1. One hundred and fifty-eight dollars for a 190 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 191 has failed to stop at a traffic signal and when enforced by a 192 law enforcement officer. Sixty dollars shall be distributed as 193 provided in s. 318.21, $30 shall be distributed to the General 194 Revenue Fund, $3 shall be remitted to the Department of Revenue 195 for deposit into the Brain and Spinal Cord Injury Trust Fund, 196 and the remaining $65 shall be remitted to the Department of 197 Revenue for deposit into the Emergency Medical Services Trust 198 Fund of the Department of Health. 199 2. One hundred and fifty-eight dollars for a violation of 200 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 201 stop at a traffic signal and when enforced by the department’s 202 traffic infraction enforcement officer. One hundred dollars 203 shall be remitted to the Department of Revenue for deposit into 204 the General Revenue Fund, $45 shall be distributed to the county 205 for any violations occurring in any unincorporated areas of the 206 county or to the municipality for any violations occurring in 207 the incorporated boundaries of the municipality in which the 208 infraction occurred, $10 shall be remitted to the Department of 209 Revenue for deposit into the Department of Health Emergency 210 Medical Services Trust Fund for distribution as provided in s. 211 395.4036(1), and $3 shall be remitted to the Department of 212 Revenue for deposit into the Brain and Spinal Cord Injury Trust 213 Fund. 214 3. One hundred and fifty-eight dollars for a violation of 215 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 216 stop at a traffic signal and when enforced by a county’s or 217 municipality’s traffic infraction enforcement officer. Seventy 218 five dollars shall be distributed to the county or municipality 219 issuing the traffic citation, $70 shall be remitted to the 220 Department of Revenue for deposit into the General Revenue Fund, 221 $10 shall be remitted to the Department of Revenue for deposit 222 into the Department of Health Emergency Medical Services Trust 223 Fund for distribution as provided in s. 395.4036(1), and $3 224 shall be remitted to the Department of Revenue for deposit into 225 the Brain and Spinal Cord Injury Trust Fund. 226 4. Notwithstanding subparagraphs 1.-3., if a traffic 227 infraction detector is used to enforce s. 316.074(1) or s. 228 316.075(1)(c)1., $50 for a violation of s. 316.074(1) or s. 229 316.075(1)(c)1. when a driver failed to stop at a traffic 230 signal. A person may elect to attend a department-approved 231 driver improvement course instead of paying the $50 penalty for 232 a first violation. 233 a. If a law enforcement officer issues a traffic citation 234 for a violation under this subparagraph, $19 shall be 235 distributed as provided in s. 318.21, $9 shall be distributed to 236 the General Revenue Fund, $1 shall be remitted to the Department 237 of Revenue for deposit into the Brain and Spinal Cord Injury 238 Trust Fund, and the remaining $21 shall be remitted to the 239 Department of Revenue for deposit into the Emergency Medical 240 Services Trust Fund of the Department of Health. 241 b. If the department’s traffic infraction enforcement 242 officer issues a traffic citation for a violation under this 243 subparagraph, $32 shall be remitted to the Department of Revenue 244 for deposit into the General Revenue Fund, $14 shall be 245 distributed to the municipality in which the violation occurred 246 or, if the violation occurred in an unincorporated area, to the 247 county in which the violation occurred, $3 shall be remitted to 248 the Department of Revenue for deposit into the Department of 249 Health Emergency Medical Services Trust Fund for distribution as 250 provided in s. 395.4036(1), and $1 shall be remitted to the 251 Department of Revenue for deposit into the Brain and Spinal Cord 252 Injury Trust Fund. 253 c. If a county’s or municipality’s traffic infraction 254 enforcement officer issues a traffic citation for a violation 255 under this subparagraph, $24 dollars shall be distributed to the 256 county or municipality issuing the traffic citation, $22 shall 257 be remitted to the Department of Revenue for deposit into the 258 General Revenue Fund, $3 shall be remitted to the Department of 259 Revenue for deposit into the Department of Health Emergency 260 Medical Services Trust Fund for distribution as provided in s. 261 395.4036(1), and $1 shall be remitted to the Department of 262 Revenue for deposit into the Brain and Spinal Cord Injury Trust 263 Fund. 264 Section 4. Subsection (13) of section 318.21, Florida 265 Statutes, is amended to read: 266 318.21 Disposition of civil penalties by county courts.—All 267 civil penalties received by a county court pursuant to the 268 provisions of this chapter shall be distributed and paid monthly 269 as follows: 270 (13)(a) Of the proceeds from the fine under s. 318.18(15), 271 $65 shall be remitted to the Department of Revenue for deposit 272 into the Administrative Trust Fund of the Department of Health 273 and the remaining $60 shall be distributed pursuant to 274 subsections (1) and (2). 275 (b) Notwithstanding paragraph (a), if a traffic infraction 276 detector is used to impose the fine under s. 318.18(15)(a)4., 277 $21 of the proceeds from the fine shall be remitted to the 278 Department of Revenue for deposit into the Administrative Trust 279 Fund of the Department of Health and the remaining $19 shall be 280 distributed pursuant to subsections (1) and (2). 281 Section 5. 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—4 points. 306 5. Unlawful speed: 307 a. Not in excess of 15 miles per hour of lawful or posted 308 speed—3 points. 309 b. In excess of 15 miles per hour of lawful or posted 310 speed—4 points. 311 6. A violation of a traffic control signal device as 312 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 313 However, no points shall be imposed for a violation of s. 314 316.074(1) or s. 316.075(1)(c)1. when a driverhasfailed to 315 stop at a traffic signal and when enforced by a traffic 316 infraction enforcement officer; and if a traffic infraction 317 detector is used to enforce s. 316.074(1) or s. 316.075(1)(c)1., 318 no points shall be imposed for a first violation of s. 319 316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at 320 a traffic signal. In addition, a violation of s. 316.074(1) or 321 s. 316.075(1)(c)1. when a driver has failed to stop at a traffic 322 signal and when enforced by a traffic infraction enforcement 323 officer may not be used for purposes of setting motor vehicle 324 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 6. This act shall take effect October 1, 2017.