Bill Text: FL S0672 | 2011 | Regular Session | Introduced
Bill Title: Uniform Traffic Control
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0672 Detail]
Download: Florida-2011-S0672-Introduced.html
Florida Senate - 2011 SB 672
By Senator Garcia
40-00860-11 2011672__
1 A bill to be entitled
2 An act relating to uniform traffic control; repealing
3 s. 316.003(87), F.S., relating to the definition of
4 the term “traffic infraction detector”; repealing s.
5 316.0076, F.S., relating to the regulation of the use
6 of cameras to enforce traffic laws being expressly
7 preempted to the state; repealing s. 316.008(8), F.S.,
8 relating to the authority of a county or municipality
9 to use a traffic infraction detector to enforce
10 certain designated traffic laws; repealing s.
11 316.0083, F.S., relating to the Mark Wandall Traffic
12 Safety Program, a program to install and operate a
13 system of traffic infraction detectors at red light
14 intersections; repealing s. 316.00831, F.S., relating
15 to the distribution of penalties collected pursuant to
16 the Mark Wandall Traffic Safety Program; repealing s.
17 316.07456, F.S., relating to the transitional
18 implementation of traffic infraction detectors on
19 highways and roads of this state; repealing s.
20 316.0776, F.S., relating to the placement and
21 installation of a traffic infraction detector by the
22 Department of Highway Safety and Motor Vehicles, a
23 county, or a municipality; amending s. 316.640, F.S.;
24 removing the provisions that authorize the department,
25 sheriff’s department, or police department to
26 designate employees as traffic infraction enforcement
27 officers; removing the provisions relating to the
28 training and duties of traffic infraction enforcement
29 officers; amending s. 316.650, F.S.; removing the
30 provisions relating to the operation of the traffic
31 infraction detection system; amending s. 318.14, F.S.;
32 conforming provision to changes made by the act;
33 amending s. 318.18, F.S.; removing the provisions for
34 the distribution of penalties involving red light
35 intersections; repealing s. 321.50, F.S., relating to
36 the authorization of the Department of Highway Safety
37 and Motor Vehicles to use traffic infraction detectors
38 to enforce designated laws; amending s. 322.27, F.S.;
39 revising the point system used by the department for
40 traffic violations; repealing ss. 15 and 16 of chapter
41 2010-80, Laws of Florida, relating to the collection
42 and remittal of penalties and an appropriation;
43 providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Subsection (87) of section 316.003, Florida
48 Statutes, is repealed.
49 Section 2. Section 316.0076, Florida Statutes, is repealed.
50 Section 3. Subsection (8) of section 316.008, Florida
51 Statutes, is repealed.
52 Section 4. Section 316.0083, Florida Statutes, is repealed.
53 Section 5. Section 316.00831, Florida Statutes, is
54 repealed.
55 Section 6. Section 316.07456, Florida Statutes, is
56 repealed.
57 Section 7. Section 316.0776, Florida Statutes, is repealed.
58 Section 8. Paragraph (b) of subsection (1) and subsection
59 (5) of section 316.640, Florida Statutes, are amended to read:
60 316.640 Enforcement.—The enforcement of the traffic laws of
61 this state is vested as follows:
62 (1) STATE.—
63 (b)1. The Department of Transportation has authority to
64 enforce on all the streets and highways of this state all laws
65 applicable within its authority.
66 2.a. The Department of Transportation shall develop
67 training and qualifications standards for toll enforcement
68 officers whose sole authority is to enforce the payment of tolls
69 pursuant to s. 316.1001. Nothing in this subparagraph shall be
70 construed to permit the carrying of firearms or other weapons,
71 nor shall a toll enforcement officer have arrest authority.
72 b. For the purpose of enforcing s. 316.1001, governmental
73 entities, as defined in s. 334.03, which own or operate a toll
74 facility may employ independent contractors or designate
75 employees as toll enforcement officers; however, any such toll
76 enforcement officer must successfully meet the training and
77 qualifications standards for toll enforcement officers
78 established by the Department of Transportation.
79 3. For the purpose of enforcing s. 316.0083, the department
80 may designate employees as traffic infraction enforcement
81 officers. A traffic infraction enforcement officer must
82 successfully complete instruction in traffic enforcement
83 procedures and court presentation through the Selective Traffic
84 Enforcement Program as approved by the Division of Criminal
85 Justice Standards and Training of the Department of Law
86 Enforcement, or through a similar program, but may not
87 necessarily otherwise meet the uniform minimum standards
88 established by the Criminal Justice Standards and Training
89 Commission for law enforcement officers or auxiliary law
90 enforcement officers under s. 943.13. This subparagraph does not
91 authorize the carrying of firearms or other weapons by a traffic
92 infraction enforcement officer and does not authorize a traffic
93 infraction enforcement officer to make arrests. The department’s
94 traffic infraction enforcement officers must be physically
95 located in the state.
96 (5)(a) Any sheriff’s department or police department of a
97 municipality may employ, as a traffic infraction enforcement
98 officer, any individual who successfully completes instruction
99 in traffic enforcement procedures and court presentation through
100 the Selective Traffic Enforcement Program as approved by the
101 Division of Criminal Justice Standards and Training of the
102 Department of Law Enforcement, or through a similar program, but
103 who does not necessarily otherwise meet the uniform minimum
104 standards established by the Criminal Justice Standards and
105 Training Commission for law enforcement officers or auxiliary
106 law enforcement officers under s. 943.13. Any such traffic
107 infraction enforcement officer who observes the commission of a
108 traffic infraction or, in the case of a parking infraction, who
109 observes an illegally parked vehicle may issue a traffic
110 citation for the infraction when, based upon personal
111 investigation, he or she has reasonable and probable grounds to
112 believe that an offense has been committed which constitutes a
113 noncriminal traffic infraction as defined in s. 318.14. In
114 addition, any such traffic infraction enforcement officer may
115 issue a traffic citation under s. 316.0083. For purposes of
116 enforcing s. 316.0083, any sheriff’s department or police
117 department of a municipality may designate employees as traffic
118 infraction enforcement officers. The traffic infraction
119 enforcement officers must be physically located in the county of
120 the respective sheriff’s or police department.
121 (b) The traffic infraction enforcement officer shall be
122 employed in relationship to a selective traffic enforcement
123 program at a fixed location or as part of a crash investigation
124 team at the scene of a vehicle crash or in other types of
125 traffic infraction enforcement under the direction of a fully
126 qualified law enforcement officer; however, it is not necessary
127 that the traffic infraction enforcement officer’s duties be
128 performed under the immediate supervision of a fully qualified
129 law enforcement officer.
130 (c) This subsection does not permit the carrying of
131 firearms or other weapons, nor do traffic infraction enforcement
132 officers have arrest authority other than the authority to issue
133 a traffic citation as provided in this subsection.
134 Section 9. Subsection (3) of section 316.650, Florida
135 Statutes, is amended to read:
136 316.650 Traffic citations.—
137 (3)(a) Except for a traffic citation issued pursuant to s.
138 316.1001 or s. 316.0083, each traffic enforcement officer, upon
139 issuing a traffic citation to an alleged violator of any
140 provision of the motor vehicle laws of this state or of any
141 traffic ordinance of any municipality or town, shall deposit the
142 original traffic citation or, in the case of a traffic
143 enforcement agency that has an automated citation issuance
144 system, the chief administrative officer shall provide by an
145 electronic transmission a replica of the citation data to a
146 court having jurisdiction over the alleged offense or with its
147 traffic violations bureau within 5 days after issuance to the
148 violator.
149 (b) If a traffic citation is issued pursuant to s.
150 316.1001, a traffic enforcement officer may deposit the original
151 traffic citation or, in the case of a traffic enforcement agency
152 that has an automated citation system, may provide by an
153 electronic transmission a replica of the citation data to a
154 court having jurisdiction over the alleged offense or with its
155 traffic violations bureau within 45 days after the date of
156 issuance of the citation to the violator. If the person cited
157 for the violation of s. 316.1001 elects to pay makes the
158 election provided by s. 318.14(12) and pays the $25 fine, or
159 such other amount as imposed by the governmental entity owning
160 the applicable toll facility, plus the amount of the unpaid toll
161 that is shown on the traffic citation directly to the
162 governmental entity that issued the citation, or on whose behalf
163 the citation was issued, in accordance with s. 318.14(12), the
164 traffic citation will not be submitted to the court, the
165 disposition will be reported to the department by the
166 governmental entity that issued the citation, or on whose behalf
167 the citation was issued, and no points will be assessed against
168 the person’s driver’s license.
169 (c) If a traffic citation is issued under s. 316.0083, the
170 traffic infraction enforcement officer shall provide by
171 electronic transmission a replica of the traffic citation data
172 to the court having jurisdiction over the alleged offense or its
173 traffic violations bureau within 5 days after the date of
174 issuance of the traffic citation to the violator.
175 Section 10. Subsection (2) of section 318.14, Florida
176 Statutes, is amended to read:
177 318.14 Noncriminal traffic infractions; exception;
178 procedures.—
179 (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
180 and 316.0083, any person cited for a violation requiring a
181 mandatory hearing listed in s. 318.19 or any other criminal
182 traffic violation listed in chapter 316 must sign and accept a
183 citation indicating a promise to appear. The officer may
184 indicate on the traffic citation the time and location of the
185 scheduled hearing and must indicate the applicable civil penalty
186 established in s. 318.18. For all other infractions under this
187 section, except for infractions under s. 316.1001, the officer
188 must certify by electronic, electronic facsimile, or written
189 signature that the citation was delivered to the person cited.
190 This certification is prima facie evidence that the person cited
191 was served with the citation.
192 Section 11. Subsection (15) of section 318.18, Florida
193 Statutes, is amended to read:
194 318.18 Amount of penalties.—The penalties required for a
195 noncriminal disposition pursuant to s. 318.14 or a criminal
196 offense listed in s. 318.17 are as follows:
197 (15)(a)1. One hundred and fifty-eight dollars for a
198 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
199 has failed to stop at a traffic signal and when enforced by a
200 law enforcement officer. Sixty dollars shall be distributed as
201 provided in s. 318.21, $30 shall be distributed to the General
202 Revenue Fund, $3 shall be remitted to the Department of Revenue
203 for deposit into the Brain and Spinal Cord Injury Trust Fund,
204 and the remaining $65 shall be remitted to the Department of
205 Revenue for deposit into the Administrative Trust Fund of the
206 Department of Health.
207 2. One hundred and fifty-eight dollars for a violation of
208 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
209 stop at a traffic signal and when enforced by the department’s
210 traffic infraction enforcement officer. One hundred dollars
211 shall be remitted to the Department of Revenue for deposit into
212 the General Revenue Fund, $45 shall be distributed to the county
213 for any violations occurring in any unincorporated areas of the
214 county or to the municipality for any violations occurring in
215 the incorporated boundaries of the municipality in which the
216 infraction occurred, $10 shall be remitted to the Department of
217 Revenue for deposit into the Department of Health Administrative
218 Trust Fund for distribution as provided in s. 395.4036(1), and
219 $3 shall be remitted to the Department of Revenue for deposit
220 into the Brain and Spinal Cord Injury Trust Fund.
221 3. One hundred and fifty-eight dollars for a violation of
222 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
223 stop at a traffic signal and when enforced by a county’s or
224 municipality’s traffic infraction enforcement officer. Seventy
225 five dollars shall be distributed to the county or municipality
226 issuing the traffic citation, $70 shall be remitted to the
227 Department of Revenue for deposit into the General Revenue Fund,
228 $10 shall be remitted to the Department of Revenue for deposit
229 into the Department of Health Administrative Trust Fund for
230 distribution as provided in s. 395.4036(1), and $3 shall be
231 remitted to the Department of Revenue for deposit into the Brain
232 and Spinal Cord Injury Trust Fund.
233 (b) Amounts deposited into the Brain and Spinal Cord Injury
234 Trust Fund pursuant to this subsection shall be distributed
235 quarterly to the Miami Project to Cure Paralysis and shall be
236 used for brain and spinal cord research.
237 (c) If a person who is cited for a violation of s.
238 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
239 infraction enforcement officer under s. 316.0083, presents
240 documentation from the appropriate governmental entity that the
241 traffic citation was in error, the clerk of court may dismiss
242 the case. The clerk of court shall not charge for this service.
243 (d) An individual may not receive a commission or per
244 ticket fee from any revenue collected from violations detected
245 through the use of a traffic infraction detector. A manufacturer
246 or vendor may not receive a fee or remuneration based upon the
247 number of violations detected through the use of a traffic
248 infraction detector.
249 (e) Funds deposited into the Department of Health
250 Administrative Trust Fund under this subsection shall be
251 distributed as provided in s. 395.4036(1).
252 Section 12. Section 321.50, Florida Statutes, is repealed.
253 Section 13. Paragraph (d) of subsection (3) of section
254 322.27, Florida Statutes, is amended to read:
255 322.27 Authority of department to suspend or revoke
256 license.—
257 (3) There is established a point system for evaluation of
258 convictions of violations of motor vehicle laws or ordinances,
259 and violations of applicable provisions of s. 403.413(6)(b) when
260 such violations involve the use of motor vehicles, for the
261 determination of the continuing qualification of any person to
262 operate a motor vehicle. The department is authorized to suspend
263 the license of any person upon showing of its records or other
264 good and sufficient evidence that the licensee has been
265 convicted of violation of motor vehicle laws or ordinances, or
266 applicable provisions of s. 403.413(6)(b), amounting to 12 or
267 more points as determined by the point system. The suspension
268 shall be for a period of not more than 1 year.
269 (d) The point system shall have as its basic element a
270 graduated scale of points assigning relative values to
271 convictions of the following violations:
272 1. Reckless driving, willful and wanton—4 points.
273 2. Leaving the scene of a crash resulting in property
274 damage of more than $50—6 points.
275 3. Unlawful speed resulting in a crash—6 points.
276 4. Passing a stopped school bus—4 points.
277 5. Unlawful speed:
278 a. Not in excess of 15 miles per hour of lawful or posted
279 speed—3 points.
280 b. In excess of 15 miles per hour of lawful or posted
281 speed—4 points.
282 6. A violation of a traffic control signal device as
283 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
284 However, no points shall be imposed for a violation of s.
285 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
286 stop at a traffic signal and when enforced by a traffic
287 infraction enforcement officer. In addition, a violation of s.
288 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
289 stop at a traffic signal and when enforced by a traffic
290 infraction enforcement officer may not be used for purposes of
291 setting motor vehicle insurance rates.
292 7. All other moving violations (including parking on a
293 highway outside the limits of a municipality)—3 points. However,
294 no points shall be imposed for a violation of s. 316.0741 or s.
295 316.2065(12); and points shall be imposed for a violation of s.
296 316.1001 only when imposed by the court after a hearing pursuant
297 to s. 318.14(5).
298 8. Any moving violation covered above, excluding unlawful
299 speed, resulting in a crash—4 points.
300 9. Any conviction under s. 403.413(6)(b)—3 points.
301 10. Any conviction under s. 316.0775(2)—4 points.
302 Section 14. Sections 15 and 16 of chapter 2010-80, Laws of
303 Florida, are repealed.
304 Section 15. This act shall take effect July 1, 2011.
