Bill Text: FL S1542 | 2012 | Regular Session | Introduced
Bill Title: Traffic Infraction Detectors
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Transportation [S1542 Detail]
Download: Florida-2012-S1542-Introduced.html
Florida Senate - 2012 SB 1542
By Senator Evers
2-01013E-12 20121542__
1 A bill to be entitled
2 An act relating to traffic infraction detectors;
3 amending s. 316.003, F.S.; revising the definition of
4 “traffic infraction detector” to remove requirements
5 for issuance of notifications and citations; repealing
6 ss. 316.008(8), 316.0083, 316.00831, and 321.50, F.S.,
7 relating to the installation and use of traffic
8 infraction detectors to enforce specified provisions
9 when a driver fails to stop at a traffic signal;
10 removing provisions that authorize the Department of
11 Highway Safety and Motor Vehicles, a county, or a
12 municipality to use such detectors; repealing s.
13 316.07456, F.S., relating to transitional
14 implementation of such detectors; repealing s.
15 316.0776, F.S., relating to placement and installation
16 of traffic infraction detectors; amending ss. 316.640,
17 316.650, 318.14, 318.18, and 322.27, F.S., relating to
18 enforcement by such detectors, procedures for
19 disposition of citations, penalties, and distribution
20 of proceeds; conforming provisions to changes made by
21 the act; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (87) of section 316.003, Florida
26 Statutes, is amended to read:
27 316.003 Definitions.—The following words and phrases, when
28 used in this chapter, shall have the meanings respectively
29 ascribed to them in this section, except where the context
30 otherwise requires:
31 (87) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
32 installed to work in conjunction with a traffic control signal
33 and a camera or cameras synchronized to automatically record two
34 or more sequenced photographic or electronic images or streaming
35 video of only the rear of a motor vehicle at the time the
36 vehicle fails to stop behind the stop bar or clearly marked stop
37 line when facing a traffic control signal steady red light. Any
38 notification under s. 316.0083(1)(b) or traffic citation issued
39 by the use of a traffic infraction detector must include a
40 photograph or other recorded image showing both the license tag
41 of the offending vehicle and the traffic control device being
42 violated.
43 Section 2. Subsection (8) of section 316.008, Florida
44 Statutes, is repealed.
45 Section 3. Section 316.0083, Florida Statutes, is repealed.
46 Section 4. Section 316.00831, Florida Statutes, is
47 repealed.
48 Section 5. Section 316.07456, Florida Statutes, is
49 repealed.
50 Section 6. Section 316.0776, Florida Statutes, is repealed.
51 Section 7. Section 321.50, Florida Statutes, is repealed.
52 Section 8. Paragraph (b) of subsection (1) and paragraph
53 (a) of subsection (5) of section 316.640, Florida Statutes, are
54 amended to read:
55 316.640 Enforcement.—The enforcement of the traffic laws of
56 this state is vested as follows:
57 (1) STATE.—
58 (b)1. The Department of Transportation has authority to
59 enforce on all the streets and highways of this state all laws
60 applicable within its authority.
61 2.a. The Department of Transportation shall develop
62 training and qualifications standards for toll enforcement
63 officers whose sole authority is to enforce the payment of tolls
64 pursuant to s. 316.1001. Nothing in this subparagraph shall be
65 construed to permit the carrying of firearms or other weapons,
66 nor shall a toll enforcement officer have arrest authority.
67 b. For the purpose of enforcing s. 316.1001, governmental
68 entities, as defined in s. 334.03, which own or operate a toll
69 facility may employ independent contractors or designate
70 employees as toll enforcement officers; however, any such toll
71 enforcement officer must successfully meet the training and
72 qualifications standards for toll enforcement officers
73 established by the Department of Transportation.
74 3. For the purpose of enforcing s. 316.0083, the department
75 may designate employees as traffic infraction enforcement
76 officers. A traffic infraction enforcement officer must
77 successfully complete instruction in traffic enforcement
78 procedures and court presentation through the Selective Traffic
79 Enforcement Program as approved by the Division of Criminal
80 Justice Standards and Training of the Department of Law
81 Enforcement, or through a similar program, but may not
82 necessarily otherwise meet the uniform minimum standards
83 established by the Criminal Justice Standards and Training
84 Commission for law enforcement officers or auxiliary law
85 enforcement officers under s. 943.13. This subparagraph does not
86 authorize the carrying of firearms or other weapons by a traffic
87 infraction enforcement officer and does not authorize a traffic
88 infraction enforcement officer to make arrests. The department’s
89 traffic infraction enforcement officers must be physically
90 located in the state.
91 (5)(a) Any sheriff’s department or police department of a
92 municipality may employ, as a traffic infraction enforcement
93 officer, any individual who successfully completes instruction
94 in traffic enforcement procedures and court presentation through
95 the Selective Traffic Enforcement Program as approved by the
96 Division of Criminal Justice Standards and Training of the
97 Department of Law Enforcement, or through a similar program, but
98 who does not necessarily otherwise meet the uniform minimum
99 standards established by the Criminal Justice Standards and
100 Training Commission for law enforcement officers or auxiliary
101 law enforcement officers under s. 943.13. Any such traffic
102 infraction enforcement officer who observes the commission of a
103 traffic infraction or, in the case of a parking infraction, who
104 observes an illegally parked vehicle may issue a traffic
105 citation for the infraction when, based upon personal
106 investigation, he or she has reasonable and probable grounds to
107 believe that an offense has been committed which constitutes a
108 noncriminal traffic infraction as defined in s. 318.14. In
109 addition, any such traffic infraction enforcement officer may
110 issue a traffic citation under s. 316.0083. For purposes of
111 enforcing s. 316.0083, any sheriff’s department or police
112 department of a municipality may designate employees as traffic
113 infraction enforcement officers. The traffic infraction
114 enforcement officers must be physically located in the county of
115 the respective sheriff’s or police department.
116 Section 9. Paragraphs (a) and (c) of subsection (3) of
117 section 316.650, Florida Statutes, are amended to read:
118 316.650 Traffic citations.—
119 (3)(a) Except for a traffic citation issued pursuant to s.
120 316.1001 or s. 316.0083, each traffic enforcement officer, upon
121 issuing a traffic citation to an alleged violator of any
122 provision of the motor vehicle laws of this state or of any
123 traffic ordinance of any municipality or town, shall deposit the
124 original traffic citation or, in the case of a traffic
125 enforcement agency that has an automated citation issuance
126 system, the chief administrative officer shall provide by an
127 electronic transmission a replica of the citation data to a
128 court having jurisdiction over the alleged offense or with its
129 traffic violations bureau within 5 days after issuance to the
130 violator.
131 (c) If a traffic citation is issued under s. 316.0083, the
132 traffic infraction enforcement officer shall provide by
133 electronic transmission a replica of the traffic citation data
134 to the court having jurisdiction over the alleged offense or its
135 traffic violations bureau within 5 days after the date of
136 issuance of the traffic citation to the violator.
137 Section 10. Subsection (2) of section 318.14, Florida
138 Statutes, is amended to read:
139 318.14 Noncriminal traffic infractions; exception;
140 procedures.—
141 (2) Except as provided in s. ss. 316.1001(2) and 316.0083,
142 any person cited for a violation requiring a mandatory hearing
143 listed in s. 318.19 or any other criminal traffic violation
144 listed in chapter 316 must sign and accept a citation indicating
145 a promise to appear. The officer may indicate on the traffic
146 citation the time and location of the scheduled hearing and must
147 indicate the applicable civil penalty established in s. 318.18.
148 For all other infractions under this section, except for
149 infractions under s. 316.1001, the officer must certify by
150 electronic, electronic facsimile, or written signature that the
151 citation was delivered to the person cited. This certification
152 is prima facie evidence that the person cited was served with
153 the citation.
154 Section 11. Subsection (15) of section 318.18, Florida
155 Statutes, is amended to read:
156 318.18 Amount of penalties.—The penalties required for a
157 noncriminal disposition pursuant to s. 318.14 or a criminal
158 offense listed in s. 318.17 are as follows:
159 (15)(a)1. One hundred and fifty-eight dollars for a
160 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
161 has failed to stop at a traffic signal and when enforced by a
162 law enforcement officer. Sixty dollars shall be distributed as
163 provided in s. 318.21, $30 shall be distributed to the General
164 Revenue Fund, $3 shall be remitted to the Department of Revenue
165 for deposit into the Brain and Spinal Cord Injury Trust Fund,
166 and the remaining $65 shall be remitted to the Department of
167 Revenue for deposit into the Administrative Trust Fund of the
168 Department of Health.
169 2. One hundred and fifty-eight dollars for a violation of
170 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
171 stop at a traffic signal and when enforced by the department’s
172 traffic infraction enforcement officer. One hundred dollars
173 shall be remitted to the Department of Revenue for deposit into
174 the General Revenue Fund, $45 shall be distributed to the county
175 for any violations occurring in any unincorporated areas of the
176 county or to the municipality for any violations occurring in
177 the incorporated boundaries of the municipality in which the
178 infraction occurred, $10 shall be remitted to the Department of
179 Revenue for deposit into the Department of Health Administrative
180 Trust Fund for distribution as provided in s. 395.4036(1), and
181 $3 shall be remitted to the Department of Revenue for deposit
182 into the Brain and Spinal Cord Injury Trust Fund.
183 3. One hundred and fifty-eight dollars for a violation of
184 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
185 stop at a traffic signal and when enforced by a county’s or
186 municipality’s traffic infraction enforcement officer. Seventy
187 five dollars shall be distributed to the county or municipality
188 issuing the traffic citation, $70 shall be remitted to the
189 Department of Revenue for deposit into the General Revenue Fund,
190 $10 shall be remitted to the Department of Revenue for deposit
191 into the Department of Health Administrative Trust Fund for
192 distribution as provided in s. 395.4036(1), and $3 shall be
193 remitted to the Department of Revenue for deposit into the Brain
194 and Spinal Cord Injury Trust Fund.
195 (b) Amounts deposited into the Brain and Spinal Cord Injury
196 Trust Fund pursuant to this subsection shall be distributed
197 quarterly to the Miami Project to Cure Paralysis and shall be
198 used for brain and spinal cord research.
199 (c) If a person who is cited for a violation of s.
200 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
201 infraction enforcement officer under s. 316.0083, presents
202 documentation from the appropriate governmental entity that the
203 traffic citation was in error, the clerk of court may dismiss
204 the case. The clerk of court shall not charge for this service.
205 (d) An individual may not receive a commission or per
206 ticket fee from any revenue collected from violations detected
207 through the use of a traffic infraction detector. A manufacturer
208 or vendor may not receive a fee or remuneration based upon the
209 number of violations detected through the use of a traffic
210 infraction detector.
211 (e) Funds deposited into the Department of Health
212 Administrative Trust Fund under this subsection shall be
213 distributed as provided in s. 395.4036(1).
214 Section 12. Paragraph (d) of subsection (3) of section
215 322.27, Florida Statutes, is amended to read:
216 322.27 Authority of department to suspend or revoke
217 license.—
218 (3) There is established a point system for evaluation of
219 convictions of violations of motor vehicle laws or ordinances,
220 and violations of applicable provisions of s. 403.413(6)(b) when
221 such violations involve the use of motor vehicles, for the
222 determination of the continuing qualification of any person to
223 operate a motor vehicle. The department is authorized to suspend
224 the license of any person upon showing of its records or other
225 good and sufficient evidence that the licensee has been
226 convicted of violation of motor vehicle laws or ordinances, or
227 applicable provisions of s. 403.413(6)(b), amounting to 12 or
228 more points as determined by the point system. The suspension
229 shall be for a period of not more than 1 year.
230 (d) The point system shall have as its basic element a
231 graduated scale of points assigning relative values to
232 convictions of the following violations:
233 1. Reckless driving, willful and wanton—4 points.
234 2. Leaving the scene of a crash resulting in property
235 damage of more than $50—6 points.
236 3. Unlawful speed resulting in a crash—6 points.
237 4. Passing a stopped school bus—4 points.
238 5. Unlawful speed:
239 a. Not in excess of 15 miles per hour of lawful or posted
240 speed—3 points.
241 b. In excess of 15 miles per hour of lawful or posted
242 speed—4 points.
243 6. A violation of a traffic control signal device as
244 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
245 However, no points shall be imposed for a violation of s.
246 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
247 stop at a traffic signal and when enforced by a traffic
248 infraction enforcement officer. In addition, a violation of s.
249 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
250 stop at a traffic signal and when enforced by a traffic
251 infraction enforcement officer may not be used for purposes of
252 setting motor vehicle insurance rates.
253 7. All other moving violations (including parking on a
254 highway outside the limits of a municipality)—3 points. However,
255 no points shall be imposed for a violation of s. 316.0741 or s.
256 316.2065(12); and points shall be imposed for a violation of s.
257 316.1001 only when imposed by the court after a hearing pursuant
258 to s. 318.14(5).
259 8. Any moving violation covered above, excluding unlawful
260 speed, resulting in a crash—4 points.
261 9. Any conviction under s. 403.413(6)(b)—3 points.
262 10. Any conviction under s. 316.0775(2)—4 points.
263 Section 13. This act shall take effect upon becoming a law.
