Bill Text: FL S0630 | 2017 | Regular Session | Introduced
Bill Title: Traffic Infraction Detectors
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2017-05-05 - Died in Transportation [S0630 Detail]
Download: Florida-2017-S0630-Introduced.html
Florida Senate - 2017 SB 630 By Senator Campbell 38-00808-17 2017630__ 1 A bill to be entitled 2 An act relating to traffic infraction detectors; 3 repealing s. 316.003(35) and (87), F.S., relating to 4 the definitions of “local hearing officer” and 5 “traffic infraction detector”; repealing ss. 6 316.008(8), 316.0083, and 316.00831, F.S., relating to 7 the installation and use of traffic infraction 8 detectors to enforce specified provisions when a 9 driver fails to stop at a traffic signal, provisions 10 that authorize the Department of Highway Safety and 11 Motor Vehicles, a county, or a municipality to use 12 such detectors, and the distribution of penalties 13 collected for specified violations, respectively; 14 repealing s. 316.07456, F.S., relating to transitional 15 implementation of such detectors; repealing s. 16 316.0776, F.S., relating to placement and installation 17 of traffic infraction detectors; repealing s. 18 318.15(3), F.S., relating to a required notification; 19 repealing s. 321.50, F.S., relating to the 20 authorization to use traffic infraction detectors; 21 amending ss. 28.37, 316.003, 316.545, 316.613, 22 316.640, 316.650, 318.121, 318.14, 318.18, 320.03, 23 322.27, and 655.960, F.S.; conforming provisions to 24 changes made by the act; conforming cross-references; 25 providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsections (35) and (87) of section 316.003, 30 Florida Statutes, are repealed. 31 Section 2. Subsection (8) of section 316.008, Florida 32 Statutes, is repealed. 33 Section 3. Section 316.0083, Florida Statutes, is repealed. 34 Section 4. Section 316.00831, Florida Statutes, is 35 repealed. 36 Section 5. Section 316.07456, Florida Statutes, is 37 repealed. 38 Section 6. Section 316.0776, Florida Statutes, is repealed. 39 Section 7. Subsection (3) of section 318.15, Florida 40 Statutes, is repealed. 41 Section 8. Section 321.50, Florida Statutes, is repealed. 42 Section 9. Subsection (5) of section 28.37, Florida 43 Statutes, is amended to read: 44 28.37 Fines, fees, service charges, and costs remitted to 45 the state.— 46 (5) Ten percent of all court-related fines collected by the 47 clerk, except for penalties or fines distributed to counties or 48 municipalities unders. 316.0083(1)(b)3. ors. 318.18(15)(a), 49 shall be deposited into the clerk’s Public Records Modernization 50 Trust Fund to be used exclusively for additional clerk court 51 related operational needs and program enhancements. 52 Section 10. Subsection (55) of section 316.003, Florida 53 Statutes, is amended to read: 54 316.003 Definitions.—The following words and phrases, when 55 used in this chapter, shall have the meanings respectively 56 ascribed to them in this section, except where the context 57 otherwise requires: 58 (54)(55)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 59 provided in paragraph (76)(b)(77)(b), any privately owned way 60 or place used for vehicular travel by the owner and those having 61 express or implied permission from the owner, but not by other 62 persons. 63 Section 11. Paragraph (b) of subsection (2) of section 64 316.545, Florida Statutes, is amended to read: 65 316.545 Weight and load unlawful; special fuel and motor 66 fuel tax enforcement; inspection; penalty; review.— 67 (2) 68 (b) The officer or inspector shall inspect the license 69 plate or registration certificate of the commercial vehicle to 70 determine whether its gross weight is in compliance with the 71 declared gross vehicle weight. If its gross weight exceeds the 72 declared weight, the penalty shall be 5 cents per pound on the 73 difference between such weights. In those cases when the 74 commercial vehicle is being operated over the highways of the 75 state with an expired registration or with no registration from 76 this or any other jurisdiction or is not registered under the 77 applicable provisions of chapter 320, the penalty herein shall 78 apply on the basis of 5 cents per pound on that scaled weight 79 which exceeds 35,000 pounds on laden truck tractor-semitrailer 80 combinations or tandem trailer truck combinations, 10,000 pounds 81 on laden straight trucks or straight truck-trailer combinations, 82 or 10,000 pounds on any unladen commercial motor vehicle. A 83 driver of a commercial motor vehicle entering the state at a 84 designated port-of-entry location, as defined in s. 316.003(54), 85 or operating on designated routes to a port-of-entry location, 86 who obtains a temporary registration permit shall be assessed a 87 penalty limited to the difference between its gross weight and 88 the declared gross vehicle weight at 5 cents per pound. If the 89 license plate or registration has not been expired for more than 90 90 days, the penalty imposed under this paragraph may not exceed 91 $1,000. In the case of special mobile equipment, which qualifies 92 for the license tax provided for in s. 320.08(5)(b), being 93 operated on the highways of the state with an expired 94 registration or otherwise not properly registered under the 95 applicable provisions of chapter 320, a penalty of $75 shall 96 apply in addition to any other penalty which may apply in 97 accordance with this chapter. A vehicle found in violation of 98 this section may be detained until the owner or operator 99 produces evidence that the vehicle has been properly registered. 100 Any costs incurred by the retention of the vehicle shall be the 101 sole responsibility of the owner. A person who has been assessed 102 a penalty pursuant to this paragraph for failure to have a valid 103 vehicle registration certificate pursuant to the provisions of 104 chapter 320 is not subject to the delinquent fee authorized in 105 s. 320.07 if such person obtains a valid registration 106 certificate within 10 working days after such penalty was 107 assessed. 108 Section 12. Paragraph (a) of subsection (2) of section 109 316.613, Florida Statutes, is amended to read: 110 316.613 Child restraint requirements.— 111 (2) As used in this section, the term “motor vehicle” means 112 a motor vehicle as defined in s. 316.003 that is operated on the 113 roadways, streets, and highways of the state. The term does not 114 include: 115 (a) A school bus as defined in s. 316.003(68). 116 Section 13. Paragraph (b) of subsection (1) and paragraph 117 (a) of subsection (5) of section 316.640, Florida Statutes, are 118 amended to read: 119 316.640 Enforcement.—The enforcement of the traffic laws of 120 this state is vested as follows: 121 (1) STATE.— 122 (b)1. The Department of Transportation has authority to 123 enforce on all the streets and highways of this state all laws 124 applicable within its authority. 125 2.a. The Department of Transportation shall develop 126 training and qualifications standards for toll enforcement 127 officers whose sole authority is to enforce the payment of tolls 128 pursuant to s. 316.1001. Nothing in this subparagraph shall be 129 construed to permit the carrying of firearms or other weapons, 130 nor shall a toll enforcement officer have arrest authority. 131 b. For the purpose of enforcing s. 316.1001, governmental 132 entities, as defined in s. 334.03, which own or operate a toll 133 facility may employ independent contractors or designate 134 employees as toll enforcement officers; however, any such toll 135 enforcement officer must successfully meet the training and 136 qualifications standards for toll enforcement officers 137 established by the Department of Transportation. 1383. For the purpose of enforcing s. 316.0083, the department139may designate employees as traffic infraction enforcement140officers. A traffic infraction enforcement officer must141successfully complete instruction in traffic enforcement142procedures and court presentation through the Selective Traffic143Enforcement Program as approved by the Division of Criminal144Justice Standards and Training of the Department of Law145Enforcement, or through a similar program, but may not146necessarily otherwise meet the uniform minimum standards147established by the Criminal Justice Standards and Training148Commission for law enforcement officers or auxiliary law149enforcement officers under s. 943.13. This subparagraph does not150authorize the carrying of firearms or other weapons by a traffic151infraction enforcement officer and does not authorize a traffic152infraction enforcement officer to make arrests. The department’s153traffic infraction enforcement officers must be physically154located in the state.155 (5)(a) Any sheriff’s department or police department of a 156 municipality may employ, as a traffic infraction enforcement 157 officer, any individual who successfully completes instruction 158 in traffic enforcement procedures and court presentation through 159 the Selective Traffic Enforcement Program as approved by the 160 Division of Criminal Justice Standards and Training of the 161 Department of Law Enforcement, or through a similar program, but 162 who does not necessarily otherwise meet the uniform minimum 163 standards established by the Criminal Justice Standards and 164 Training Commission for law enforcement officers or auxiliary 165 law enforcement officers under s. 943.13. Any such traffic 166 infraction enforcement officer who observes the commission of a 167 traffic infraction or, in the case of a parking infraction, who 168 observes an illegally parked vehicle may issue a traffic 169 citation for the infraction when, based upon personal 170 investigation, he or she has reasonable and probable grounds to 171 believe that an offense has been committed which constitutes a 172 noncriminal traffic infraction as defined in s. 318.14.In173addition, any such traffic infraction enforcement officer may174issue a traffic citation under s. 316.0083. For purposes of175enforcing s. 316.0083, any sheriff’s department or police176department of a municipality may designate employees as traffic177infraction enforcement officers.The traffic infraction 178 enforcement officers must be physically located in the county of 179 the respective sheriff’s or police department. 180 Section 14. Paragraphs (a) and (c) of subsection (3) of 181 section 316.650, Florida Statutes, are amended to read: 182 316.650 Traffic citations.— 183 (3)(a) Except for a traffic citation issued pursuant to s. 184 316.1001or s. 316.0083, each traffic enforcement officer, upon 185 issuing a traffic citation to an alleged violator of any 186 provision of the motor vehicle laws of this state or of any 187 traffic ordinance of any municipality or town, shall deposit the 188 original traffic citation or, in the case of a traffic 189 enforcement agency that has an automated citation issuance 190 system, the chief administrative officer shall provide by an 191 electronic transmission a replica of the citation data to a 192 court having jurisdiction over the alleged offense or with its 193 traffic violations bureau within 5 days after issuance to the 194 violator. 195(c) If a traffic citation is issued under s. 316.0083, the196traffic infraction enforcement officer shall provide by197electronic transmission a replica of the traffic citation data198to the court having jurisdiction over the alleged offense or its199traffic violations bureau within 5 days after the date of200issuance of the traffic citation to the violator. If a hearing201is requested, the traffic infraction enforcement officer shall202provide a replica of the traffic notice of violation data to the203clerk for the local hearing officer having jurisdiction over the204alleged offense within 14 days.205 Section 15. Section 318.121, Florida Statutes, is amended 206 to read: 207 318.121 Preemption of additional fees, fines, surcharges, 208 and costs.—Notwithstanding any general or special law, or 209 municipal or county ordinance, additional fees, fines, 210 surcharges, or costs other than the court costs and surcharges 211 assessed under s. 318.18(11), (13), (18), and (19), and (22)may 212 not be added to the civil traffic penalties assessed under this 213 chapter. 214 Section 16. Subsection (2) of section 318.14, Florida 215 Statutes, is amended to read: 216 318.14 Noncriminal traffic infractions; exception; 217 procedures.— 218 (2) Except as provided in s. 316.1001(2)ss. 316.1001(2)219and 316.0083, any person cited for a violation requiring a 220 mandatory hearing listed in s. 318.19 or any other criminal 221 traffic violation listed in chapter 316 must sign and accept a 222 citation indicating a promise to appear. The officer may 223 indicate on the traffic citation the time and location of the 224 scheduled hearing and must indicate the applicable civil penalty 225 established in s. 318.18. For all other infractions under this 226 section, except for infractions under s. 316.1001, the officer 227 must certify by electronic, electronic facsimile, or written 228 signature that the citation was delivered to the person cited. 229 This certification is prima facie evidence that the person cited 230 was served with the citation. 231 Section 17. Subsections (15) and (22) of section 318.18, 232 Florida Statutes, are amended to read: 233 318.18 Amount of penalties.—The penalties required for a 234 noncriminal disposition pursuant to s. 318.14 or a criminal 235 offense listed in s. 318.17 are as follows: 236 (15)(a)1.One hundred and fifty-eight dollars for a 237 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 238 has failed to stop at a traffic signaland when enforced by a239law enforcement officer. Sixty dollars shall be distributed as 240 provided in s. 318.21, $30 shall be distributed to the General 241 Revenue Fund, $3 shall be remitted to the Department of Revenue 242 for deposit into the Brain and Spinal Cord Injury Trust Fund, 243 and the remaining $65 shall be remitted to the Department of 244 Revenue for deposit into the Emergency Medical Services Trust 245 Fund of the Department of Health. 2462. One hundred and fifty-eight dollars for a violation of247s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to248stop at a traffic signal and when enforced by the department’s249traffic infraction enforcement officer. One hundred dollars250shall be remitted to the Department of Revenue for deposit into251the General Revenue Fund, $45 shall be distributed to the county252for any violations occurring in any unincorporated areas of the253county or to the municipality for any violations occurring in254the incorporated boundaries of the municipality in which the255infraction occurred, $10 shall be remitted to the Department of256Revenue for deposit into the Department of Health Emergency257Medical Services Trust Fund for distribution as provided in s.258395.4036(1), and $3 shall be remitted to the Department of259Revenue for deposit into the Brain and Spinal Cord Injury Trust260Fund.2613. One hundred and fifty-eight dollars for a violation of262s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to263stop at a traffic signal and when enforced by a county’s or264municipality’s traffic infraction enforcement officer. Seventy265five dollars shall be distributed to the county or municipality266issuing the traffic citation, $70 shall be remitted to the267Department of Revenue for deposit into the General Revenue Fund,268$10 shall be remitted to the Department of Revenue for deposit269into the Department of Health Emergency Medical Services Trust270Fund for distribution as provided in s. 395.4036(1), and $3271shall be remitted to the Department of Revenue for deposit into272the Brain and Spinal Cord Injury Trust Fund.273(b)Amounts deposited into the Brain and Spinal Cord Injury 274 Trust Fund pursuant to this subsection shall be distributed 275 quarterly to the Miami Project to Cure Paralysis and shall be 276 used for brain and spinal cord research. 277(c) If a person who is mailed a notice of violation or278cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as279enforced by a traffic infraction enforcement officer under s.280316.0083, presents documentation from the appropriate281governmental entity that the notice of violation or traffic282citation was in error, the clerk of court or clerk to the local283hearing officer may dismiss the case. The clerk of court or284clerk to the local hearing officer may not charge for this285service.286(d) An individual may not receive a commission or per287ticket fee from any revenue collected from violations detected288through the use of a traffic infraction detector. A manufacturer289or vendor may not receive a fee or remuneration based upon the290number of violations detected through the use of a traffic291infraction detector.292(e)Funds deposited into the Department of Health Emergency 293 Medical Services Trust Fund under this subsection shall be 294 distributed as provided in s. 395.4036(1). 295(22) In addition to the penalty prescribed under s.296316.0083 for violations enforced under s. 316.0083 which are297upheld, the local hearing officer may also order the payment of298county or municipal costs, not to exceed $250.299 Section 18. Subsection (8) of section 320.03, Florida 300 Statutes, is amended to read: 301 320.03 Registration; duties of tax collectors; 302 International Registration Plan.— 303 (8) If the applicant’s name appears on the list referred to 304 in s. 316.1001(4), s. 316.1967(6),s. 318.15(3),or s. 305 713.78(13), a license plate or revalidation sticker may not be 306 issued until that person’s name no longer appears on the list or 307 until the person presents a receipt from the governmental entity 308 or the clerk of court that provided the data showing that the 309 fines outstanding have been paid. This subsection does not apply 310 to the owner of a leased vehicle if the vehicle is registered in 311 the name of the lessee of the vehicle. The tax collector and the 312 clerk of the court are each entitled to receive monthly, as 313 costs for implementing and administering this subsection, 10 314 percent of the civil penalties and fines recovered from such 315 persons. As used in this subsection, the term “civil penalties 316 and fines” does not include a wrecker operator’s lien as 317 described in s. 713.78(13). If the tax collector has private tag 318 agents, such tag agents are entitled to receive a pro rata share 319 of the amount paid to the tax collector, based upon the 320 percentage of license plates and revalidation stickers issued by 321 the tag agent compared to the total issued within the county. 322 The authority of any private agent to issue license plates shall 323 be revoked, after notice and a hearing as provided in chapter 324 120, if he or she issues any license plate or revalidation 325 sticker contrary to the provisions of this subsection. This 326 section applies only to the annual renewal in the owner’s birth 327 month of a motor vehicle registration and does not apply to the 328 transfer of a registration of a motor vehicle sold by a motor 329 vehicle dealer licensed under this chapter, except for the 330 transfer of registrations which includes the annual renewals. 331 This section does not affect the issuance of the title to a 332 motor vehicle, notwithstanding s. 319.23(8)(b). 333 Section 19. Paragraph (d) of subsection (3) of section 334 322.27, Florida Statutes, is amended to read: 335 322.27 Authority of department to suspend or revoke driver 336 license or identification card.— 337 (3) There is established a point system for evaluation of 338 convictions of violations of motor vehicle laws or ordinances, 339 and violations of applicable provisions of s. 403.413(6)(b) when 340 such violations involve the use of motor vehicles, for the 341 determination of the continuing qualification of any person to 342 operate a motor vehicle. The department is authorized to suspend 343 the license of any person upon showing of its records or other 344 good and sufficient evidence that the licensee has been 345 convicted of violation of motor vehicle laws or ordinances, or 346 applicable provisions of s. 403.413(6)(b), amounting to 12 or 347 more points as determined by the point system. The suspension 348 shall be for a period of not more than 1 year. 349 (d) The point system shall have as its basic element a 350 graduated scale of points assigning relative values to 351 convictions of the following violations: 352 1. Reckless driving, willful and wanton—4 points. 353 2. Leaving the scene of a crash resulting in property 354 damage of more than $50—6 points. 355 3. Unlawful speed, or unlawful use of a wireless 356 communications device, resulting in a crash—6 points. 357 4. Passing a stopped school bus—4 points. 358 5. Unlawful speed: 359 a. Not in excess of 15 miles per hour of lawful or posted 360 speed—3 points. 361 b. In excess of 15 miles per hour of lawful or posted 362 speed—4 points. 363 6. A violation of a traffic control signal device as 364 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 365However, no points shall be imposed for a violation of s.366316.074(1) or s. 316.075(1)(c)1. when a driver has failed to367stop at a traffic signal and when enforced by a traffic368infraction enforcement officer. In addition, a violation of s.369316.074(1) or s. 316.075(1)(c)1. when a driver has failed to370stop at a traffic signal and when enforced by a traffic371infraction enforcement officer may not be used for purposes of372setting motor vehicle insurance rates.373 7. All other moving violations (including parking on a 374 highway outside the limits of a municipality)—3 points. However, 375 no points shall be imposed for a violation of s. 316.0741 or s. 376 316.2065(11); and points shall be imposed for a violation of s. 377 316.1001 only when imposed by the court after a hearing pursuant 378 to s. 318.14(5). 379 8. Any moving violation covered in this paragraph, 380 excluding unlawful speed and unlawful use of a wireless 381 communications device, resulting in a crash—4 points. 382 9. Any conviction under s. 403.413(6)(b)—3 points. 383 10. Any conviction under s. 316.0775(2)—4 points. 384 11. A moving violation covered in this paragraph which is 385 committed in conjunction with the unlawful use of a wireless 386 communications device within a school safety zone—2 points, in 387 addition to the points assigned for the moving violation. 388 Section 20. Subsection (1) of section 655.960, Florida 389 Statutes, is amended to read: 390 655.960 Definitions; ss. 655.960-655.965.—As used in this 391 section and ss. 655.961-655.965, unless the context otherwise 392 requires: 393 (1) “Access area” means any paved walkway or sidewalk which 394 is within 50 feet of any automated teller machine. The term does 395 not include any street or highway open to the use of the public, 396 as defined in s. 316.003(76)(77)(a) or (b), including any 397 adjacent sidewalk, as defined in s. 316.003. 398 Section 21. This act shall take effect July 1, 2020.