Bill Text: FL S0590 | 2012 | Regular Session | Comm Sub
Bill Title: Noncriminal Traffic Infractions
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2012-03-09 - Died in Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations, companion bill(s) passed, see CS/CS/CS/HB 599 (Ch. [S0590 Detail]
Download: Florida-2012-S0590-Comm_Sub.html
Florida Senate - 2012 CS for SB's 590 & 568
By the Committee on Transportation; and Senators Garcia, Wise,
and Evers
596-03072-12 2012590c1
1 A bill to be entitled
2 An act relating to noncriminal traffic infractions;
3 amending s. 316.0083, F.S., relating to use of a
4 traffic infraction detector when a driver has failed
5 to stop at a traffic control signal pursuant to
6 specified provisions; revising procedures applied to a
7 person identified by a motor vehicle owner as having
8 care, custody, and control of the vehicle when a
9 violation occurred; providing for notification and
10 citation within certain time periods after receipt of
11 an affidavit from the owner identifying such person;
12 providing that the owner of a motor vehicle involved
13 in a violation is responsible for paying the uniform
14 traffic citation unless the motor vehicle’s owner was
15 deceased on or before the date the uniformed traffic
16 citation was issued; requiring the representative of
17 the deceased owner to submit certain documentation to
18 prove the death of the owner of the vehicle; providing
19 for a traffic citation to be issued at the discretion
20 of the reviewing traffic infraction enforcement
21 officer for failure to stop before making a left-hand
22 turn or right-hand turn where such turn is
23 permissible; specifying factors for the reviewing
24 traffic infraction enforcement officer to consider;
25 requiring that the Department of Highway Safety and
26 Motor Vehicles and counties and municipalities that
27 install a traffic infraction detector to submit a
28 report to the Department of Transportation which
29 provides specified data; amending s. 316.075, F.S.;
30 requiring the establishment of minimum yellow light
31 change interval times for intersections where traffic
32 infraction detectors are used; requiring notices of
33 violation for violations at such intersections to
34 contain specific information regarding the yellow
35 light times; providing that such notices establish a
36 presumption; requiring testing to such traffic control
37 signals; requiring such signals to comply with certain
38 standards; requiring that certain detectors be in
39 compliance with the act by a specified date; amending
40 s. 316.0776, F.S.; revising provisions to conform to
41 changes made by the act; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsections (1) and (2) of section 316.0083,
46 Florida Statutes, are amended, and subsection (5) is added to
47 that section, 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. A notice of violation and a traffic citation may
55 not be issued for failure to stop at a red light if the driver
56 is making a right-hand turn in a careful and prudent manner at
57 an intersection where right-hand turns are permissible. This
58 paragraph does not prohibit a review of information from a
59 traffic infraction detector by an authorized employee or agent
60 of the department, a county, or a municipality before issuance
61 of the traffic citation by the traffic infraction enforcement
62 officer. This paragraph does not prohibit the department, a
63 county, or a municipality from issuing notification as provided
64 in paragraph (b) to the registered owner of the motor vehicle or
65 to another person identified as having care, custody, and
66 control of the motor vehicle involved in the violation of s.
67 316.074(1) or s. 316.075(1)(c)1.
68 (b)1.a. Within 30 days after a violation, notification must
69 be sent to the registered owner of the motor vehicle involved in
70 the violation specifying the remedies available under s. 318.14
71 and that the violator must pay the penalty of $158 to the
72 department, county, or municipality, or furnish an affidavit in
73 accordance with paragraph (d), within 30 days following the date
74 of the notification in order to avoid court fees, costs, and the
75 issuance of a traffic citation. The notification shall be sent
76 by first-class mail.
77 b. Included with the notification to the registered owner
78 of the motor vehicle involved in the infraction must be a notice
79 that the owner has the right to review the photographic or
80 electronic images or the streaming video evidence that
81 constitutes a rebuttable presumption against the owner of the
82 vehicle. The notice must state the time and place or Internet
83 location where the evidence may be examined and observed.
84 2. Penalties assessed and collected by the department,
85 county, or municipality authorized to collect the funds provided
86 for in this paragraph, less the amount retained by the county or
87 municipality pursuant to subparagraph 3., shall be paid to the
88 Department of Revenue weekly. Payment by the department, county,
89 or municipality to the state shall be made by means of
90 electronic funds transfers. In addition to the payment, summary
91 detail of the penalties remitted shall be reported to the
92 Department of Revenue.
93 3. Penalties to be assessed and collected by the
94 department, county, or municipality are as follows:
95 a. One hundred fifty-eight dollars for a violation of s.
96 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
97 stop at a traffic signal if enforcement is by the department’s
98 traffic infraction enforcement officer. One hundred dollars
99 shall be remitted to the Department of Revenue for deposit into
100 the General Revenue Fund, $10 shall be remitted to the
101 Department of Revenue for deposit into the Department of Health
102 Administrative Trust Fund, $3 shall be remitted to the
103 Department of Revenue for deposit into the Brain and Spinal Cord
104 Injury Trust Fund, and $45 shall be distributed to the
105 municipality in which the violation occurred, or, if the
106 violation occurred in an unincorporated area, to the county in
107 which the violation occurred. Funds deposited into the
108 Department of Health Administrative Trust Fund under this sub
109 subparagraph shall be distributed as provided in s. 395.4036(1).
110 Proceeds of the infractions in the Brain and Spinal Cord Injury
111 Trust Fund shall be distributed quarterly to the Miami Project
112 to Cure Paralysis and shall be used for brain and spinal cord
113 research.
114 b. One hundred fifty-eight dollars for a violation of s.
115 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
116 stop at a traffic signal if enforcement is by a county or
117 municipal traffic infraction enforcement officer. Seventy
118 dollars shall be remitted by the county or municipality to the
119 Department of Revenue for deposit into the General Revenue Fund,
120 $10 shall be remitted to the Department of Revenue for deposit
121 into the Department of Health Administrative Trust Fund, $3
122 shall be remitted to the Department of Revenue for deposit into
123 the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
124 retained by the county or municipality enforcing the ordinance
125 enacted pursuant to this section. Funds deposited into the
126 Department of Health Administrative Trust Fund under this sub
127 subparagraph shall be distributed as provided in s. 395.4036(1).
128 Proceeds of the infractions in the Brain and Spinal Cord Injury
129 Trust Fund shall be distributed quarterly to the Miami Project
130 to Cure Paralysis and shall be used for brain and spinal cord
131 research.
132 4. An individual may not receive a commission from any
133 revenue collected from violations detected through the use of a
134 traffic infraction detector. A manufacturer or vendor may not
135 receive a fee or remuneration based upon the number of
136 violations detected through the use of a traffic infraction
137 detector.
138 (c)1.a. A traffic citation issued under this section shall
139 be issued by mailing the traffic citation by certified mail to
140 the address of the registered owner of the motor vehicle
141 involved in the violation when payment has not been made within
142 30 days after notification under subparagraph (b)1.
143 b. Delivery of the traffic citation constitutes
144 notification under this paragraph.
145 c. In the case of joint ownership of a motor vehicle, the
146 traffic citation shall be mailed to the first name appearing on
147 the registration, unless the first name appearing on the
148 registration is a business organization, in which case the
149 second name appearing on the registration may be used.
150 d. The traffic citation shall be mailed to the registered
151 owner of the motor vehicle involved in the violation no later
152 than 60 days after the date of the violation.
153 2. Included with the notification to the registered owner
154 of the motor vehicle involved in the infraction shall be a
155 notice that the owner has the right to review, either in person
156 or remotely, the photographic or electronic images or the
157 streaming video evidence that constitutes a rebuttable
158 presumption against the owner of the vehicle. The notice must
159 state the time and place or Internet location where the evidence
160 may be examined and observed.
161 (d)1. The owner of the motor vehicle involved in the
162 violation is responsible and liable for paying the uniform
163 traffic citation issued for a violation of s. 316.074(1) or s.
164 316.075(1)(c)1. when the driver failed to stop at a traffic
165 signal, unless the owner can establish that:
166 a. The motor vehicle passed through the intersection in
167 order to yield right-of-way to an emergency vehicle or as part
168 of a funeral procession;
169 b. The motor vehicle passed through the intersection at the
170 direction of a law enforcement officer;
171 c. The motor vehicle was, at the time of the violation, in
172 the care, custody, or control of another person; or
173 d. A uniform traffic citation was issued by a law
174 enforcement officer to the driver of the motor vehicle for the
175 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or.
176 e. The motor vehicle’s owner was deceased on or before the
177 date the uniformed traffic citation was issued, as established
178 by an affidavit submitted by the representative of the motor
179 vehicle owner’s estate, or other designated person or family
180 member.
181 2. In order to establish such facts, the owner of the motor
182 vehicle shall, within 30 days after the date of issuance of the
183 traffic citation, furnish to the appropriate governmental entity
184 an affidavit setting forth detailed information supporting an
185 exemption as provided in this paragraph.
186 a. An affidavit supporting an exemption under sub
187 subparagraph 1.c. must include the name, address, date of birth,
188 and, if known, the driver driver’s license number of the person
189 who leased, rented, or otherwise had care, custody, or control
190 of the motor vehicle at the time of the alleged violation. If
191 the vehicle was stolen at the time of the alleged offense, the
192 affidavit must include the police report indicating that the
193 vehicle was stolen.
194 b. If a traffic citation for a violation of s. 316.074(1)
195 or s. 316.075(1)(c)1. was issued at the location of the
196 violation by a law enforcement officer, the affidavit must
197 include the serial number of the uniform traffic citation.
198 c. If the motor vehicle’s owner to whom a traffic citation
199 has been issued is deceased, the affidavit must include a
200 certified copy of the owner’s death certificate showing the date
201 of death occurred on or before the issuance of the uniform
202 traffic citation and one of the following:
203 (I) A bill of sale or other document showing that the
204 deceased owner’s motor vehicle was sold after his or her death;
205 (II) Documentary proof that the registered license plate
206 belonging to the deceased owner’s vehicle was turned in to the
207 Department of Highway Safety and Motor Vehicles, including any
208 branch or authorized office thereof; or
209 (III) A copy of a police report showing that the deceased
210 owner’s registered license plate or motor vehicle was stolen
211 after the owner’s death.
212
213 Upon receipt of the affidavit and documentation required under
214 this sub-subparagraph, the governmental entity shall dismiss the
215 citation and provide proof of such dismissal to the person who
216 submitted the affidavit.
217 3. Upon receipt of an affidavit, the person designated as
218 having care, custody, and control of the motor vehicle at the
219 time of the violation may be issued a notice of violation
220 pursuant to paragraph (b) traffic citation for a violation of s.
221 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
222 at a traffic signal. The affidavit is admissible in a proceeding
223 pursuant to this section for the purpose of providing proof that
224 the person identified in the affidavit was in actual care,
225 custody, or control of the motor vehicle. The owner of a leased
226 vehicle for which a traffic citation is issued for a violation
227 of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
228 stop at a traffic signal is not responsible for paying the
229 traffic citation and is not required to submit an affidavit as
230 specified in this subsection if the motor vehicle involved in
231 the violation is registered in the name of the lessee of such
232 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 60 days after
238 the date of receipt of an affidavit.
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 (2) A notice of violation and a traffic citation may not be
253 issued for failure to stop at a red light if the driver is
254 making a right-hand turn in a careful and prudent manner at an
255 intersection where right-hand turns are permissible or when
256 making a left-hand turn in a careful and prudent manner from a
257 one-way street onto a one-way street where left-hand turns are
258 permissible. A notice of violation or traffic citation for
259 failure to stop at a red light before making a right or left
260 turn shall be issued at the discretion of the reviewing traffic
261 infraction enforcement officer, as if the citation had been
262 issued by an officer at an intersection. When examining evidence
263 for violations under this subsection, a traffic infraction
264 enforcement officer shall consider one or more of the following
265 factors that would indicate the turn was not made in careful or
266 prudent manner:
267 (a) The operator of the motor vehicle failed to yield to a
268 pedestrian or bicyclist;
269 (b) The operator of the motor vehicle put a pedestrian or
270 bicyclist in danger of injury;
271 (c) The operator of the motor vehicle failed to yield to
272 another vehicle or oncoming traffic; or
273 (d) The operator of the motor vehicle commenced the turn in
274 disregard for the safety of a person or property.
275
276 A citation may not be issued under this subsection if the driver
277 of the vehicle came to a complete stop before turning right or
278 left when permissible at a red light, but failed to achieve a
279 stop before the point at which a stop is required.
280 (5) Within 15 months or when 1 year of data is available
281 following the date of installation of a traffic infraction
282 detector, the department, each county, or each municipality
283 shall submit a report to the Department of Transportation which
284 includes a comparison and analysis of:
285 (a) Month-to-month violations of ss. 316.074(1) and
286 316.075(1)(c)1. which occur at the intersections where traffic
287 infraction detectors are enforcing the law to stop at a red
288 light; and
289 (b) The number and type of related traffic collisions that
290 occur at each intersection prior to and after the use of traffic
291 infraction detectors.
292
293 The report shall also describe instances when camera results are
294 not used and other data, such as traffic crash reports, are used
295 in the comparison and analysis by the department, county, or
296 municipality.
297 Section 2. Subsection (4) of section 316.075, Florida
298 Statutes, is amended, and subsection (5) is added to that
299 section, to read:
300 316.075 Traffic control signal devices.—
301 (4) A violation of subsection (1) or subsection (2) this
302 section is a noncriminal traffic infraction, punishable pursuant
303 to chapter 318 as either a pedestrian violation or, if the
304 infraction resulted from the operation of a vehicle, as a moving
305 violation.
306 (5)(a) Before initiating the use of a traffic infraction
307 detector for any intersection approach pursuant to s. 316.0083,
308 each jurisdiction shall establish minimum yellow light change
309 interval time for the designated intersection approach in
310 accordance with engineering standards set forth in the Institute
311 of Transportation Engineers Traffic Engineering Handbook, as
312 adopted by the Department of Transportation, and any such
313 established time may not be less than the recognized national
314 minimum standard. The Department of Transportation shall adopt
315 the latest edition of Institute of Transportation Engineers
316 Traffic Engineering Handbook for use in compliance with this
317 subsection.
318 (b) A jurisdiction issuing a notice of violation sent
319 pursuant to s. 316.0083, must include the length of the yellow
320 light time during the signal phase of the traffic control signal
321 immediately before the violation on the notice or must maintain
322 records of the most recent programmed yellow intervals for
323 inspection in order to ensure compliance with this subsection.
324 (c) Unless each notice of violation for a particular
325 approach states the length of the yellow light duration, the
326 yellow light interval shall be tested at least once during every
327 calendar year beginning in 2013. A traffic infraction detector
328 monitoring a traffic signal that is not in compliance with the
329 Institute of Transportation Engineers Traffic Engineering
330 Handbook standards, as adopted by the Department of
331 Transportation, shall be disabled until that signal is brought
332 into compliance with the standards.
333 (d) Issuance of a notice stating the length of the yellow
334 light duration, or annual testing of the yellow light change
335 interval time according to this subsection, establishes a
336 presumption that the yellow light cycle was operating in
337 compliance with this subsection at the time the violation is
338 alleged to have occurred. Production of a certificate, or a
339 signed affidavit, showing that the yellow light cycle was tested
340 in compliance with this subsection, establishes a presumption
341 that the testing of the yellow light cycle was completed in
342 compliance with this subsection and the certificate or affidavit
343 is admissible as proof of such compliance.
344 (e) A person raising the length of the yellow light cycle
345 as an affirmative defense to the notice of violation must
346 establish by clear and convincing evidence that the signal was
347 not operating in compliance with the Institute of Transportation
348 Engineers Traffic Engineering Handbook standards, as adopted by
349 the Department of Transportation.
350 (f) A traffic infraction detector that is operational on
351 July 1, 2012, must be in compliance with this section by January
352 1, 2013.
353 Section 3. Paragraph (a) of subsection (2) of section
354 316.0776, Florida Statutes, is amended to read:
355 316.0776 Traffic infraction detectors; placement and
356 installation.—
357 (2)(a) If the department, county, or municipality installs
358 a traffic infraction detector at an intersection, the
359 department, county, or municipality shall notify the public that
360 a traffic infraction device may be in use at that intersection
361 and must specifically include notification of camera enforcement
362 of violations concerning right turns. Such signage used to
363 notify the public must meet the specifications for uniform
364 signals and devices adopted by the Department of Transportation
365 pursuant to s. 316.0745.
366 Section 4. This act shall take effect July 1, 2012.
