Bill Text: FL H0325 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Uniform Traffic Control [WPSC]

Spectrum: Bipartisan Bill

Status: (Passed) 2010-05-14 - Chapter No. 2010-80; companion bill(s) passed, see HB 5501 (Ch. 2010-163) [H0325 Detail]

Download: Florida-2010-H0325-Comm_Sub.html

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CS/CS/HB 325

1	A bill to be entitled
2	An act relating to uniform traffic control; providing a
3	short title; amending s. 316.003, F.S.; defining the term
4	"traffic infraction detector"; creating s. 316.0076, F.S.;
5	preempting to the state the use of cameras to enforce
6	traffic laws; amending s. 316.008, F.S.; authorizing
7	counties and municipalities to use traffic infraction
8	detectors under certain circumstances; creating s.
9	316.0083, F.S.; creating the Mark Wandall Traffic Safety
10	Program; authorizing the Department of Highway Safety and
11	Motor Vehicles, a county, or a municipality to use a
12	traffic infraction detector to identify a motor vehicle
13	that fails to stop at a traffic control signal steady red
14	light; requiring authorization of a traffic infraction
15	enforcement officer to issue and enforce a citation for
16	such violation; requiring notification to be sent to the
17	registered owner of the motor vehicle involved in the
18	violation; requiring the notification to include certain
19	information about the owner's right to review evidence;
20	providing requirements for the notification; providing for
21	collection of penalties; providing for distribution of
22	penalties collected; prohibiting a traffic infraction
23	enforcement officer from receiving a commission from any
24	revenue collected from violations detected through the use
25	of a traffic infraction detector; providing procedures for
26	issuance, disposition, and enforcement of citations;
27	providing for exemptions; providing that certain evidence
28	is admissible for enforcement; providing penalties for
29	submission of a false affidavit; prohibiting the use of
30	such detectors to enforce a violation when a driver fails
31	to stop prior to making a right or left turn; providing
32	that the act does not preclude the issuance of citations
33	by law enforcement officers; requiring reports from
34	participating municipalities and counties to the
35	department; requiring the department to make reports to
36	the Governor and Legislature; amending s. 316.0745, F.S.;
37	revising a provision that requires certain remotely
38	operated traffic control devices to meet certain
39	specifications; creating s. 316.07456, F.S.; requiring
40	traffic infraction detectors to meet specifications
41	established by the Department of Transportation; providing
42	that a traffic infraction detector acquired by purchase,
43	lease, or other arrangement under an agreement entered
44	into by a county or municipality on or before a specified
45	date is not required to meet the established
46	specifications until a specified date; creating s.
47	316.0776, F.S.; providing for the placement and
48	installation of detectors on certain roads when permitted
49	by and under the specifications of the department;
50	requiring that if the state, county, or municipality
51	installs a traffic infraction detector at an intersection,
52	the state, county, or municipality shall notify the public
53	that a traffic infraction device may be in use at that
54	intersection; requiring that such signage posted at the
55	intersection meet the specifications for uniform signals
56	and devices adopted by the Department of Transportation;
57	requiring that traffic infraction detectors meet
58	specifications established by the Department of
59	Transportation; requiring a public awareness campaign if
60	such detectors are to be used; amending s. 316.640, F.S.;
61	requiring the Department of Transportation to develop
62	training and qualification standards for traffic
63	infraction enforcement officers; authorizing counties and
64	municipalities to use independent contractors as traffic
65	infraction enforcement officers; amending s. 316.650,
66	F.S.; requiring a traffic enforcement officer to provide
67	to the court a replica of the citation data by electronic
68	transmission under certain conditions; amending s. 318.14,
69	F.S.; providing an exception from provisions requiring a
70	person cited for an infraction for failing to stop at a
71	traffic control signal steady red light to sign and accept
72	a citation indicating a promise to appear; amending s.
73	318.18, F.S.; increasing certain fines; providing for
74	penalties for infractions enforced by a traffic infraction
75	enforcement officer; providing for distribution of fines;
76	allowing the clerk of court to dismiss certain cases upon
77	receiving documentation that the uniform traffic citation
78	was issued in error; prohibiting the receipt of
79	commissions by traffic infraction enforcement officers;
80	creating s. 321.50, F.S.; authorizing the Department of
81	Highway Safety and Motor Vehicles to use traffic
82	infraction detectors under certain circumstances; amending
83	s. 322.27, F.S.; providing that no points may be assessed
84	against the driver's license for infractions enforced by a
85	traffic infraction enforcement officer; providing that
86	infractions enforced by a traffic infraction enforcement
87	officer may not be used for purposes of setting motor
88	vehicle insurance rates; providing for severability;
89	providing an effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1. This act may be cited as the "Mark Wandall
94	Traffic Safety Act."
95	Section 2. Subsection (86) is added to section 316.003,
96	Florida Statutes, to read:
97	316.003 Definitions.-The following words and phrases, when
98	used in this chapter, shall have the meanings respectively
99	ascribed to them in this section, except where the context
100	otherwise requires:
101	(86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
102	installed to work in conjunction with a traffic control signal
103	and a camera or cameras synchronized to automatically record two
104	or more sequenced photographic or electronic images or streaming
105	video of only the rear of a motor vehicle at the time the
106	vehicle fails to stop behind the stop bar or clearly marked stop
107	line when facing a traffic control signal steady red light. Any
108	notification under s. 316.0083(1)(b) or traffic citation issued
109	by the use of a traffic infraction detector must include a
110	photograph or other recorded image showing both the license tag
111	of the offending vehicle and the traffic control device being
112	violated.
113	Section 3. Section 316.0076, Florida Statutes, is created
114	to read:
115	316.0076 Regulation and use of cameras.-Regulation of the
116	use of cameras for enforcing the provisions of this chapter is
117	expressly preempted to the state. The regulation of the use of
118	cameras for enforcing the provisions of this chapter is not
119	required to comply with provisions of chapter 493.
120	Section 4. Subsection (7) is added to section 316.008,
121	Florida Statutes, to read:
122	316.008 Powers of local authorities.-
123	(7)(a) A county or municipality may use traffic infraction
124	detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
125	driver fails to stop at a traffic signal on streets and highways
126	under their jurisdiction under s. 316.0083. Only a municipality
127	may install or authorize the installation of any such detectors
128	within the incorporated area of the municipality. Only a county
129	may install or authorize the installation of any such detectors
130	within the unincorporated area of the county.
131	(b) A county or municipality may use traffic infraction
132	detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
133	driver fails to stop at a traffic signal on state roads under
134	the original jurisdiction of the Department of Transportation
135	when permitted by the Department of Transportation and under s.
136	316.0083. Only a municipality may install or authorize the
137	installation of any such detectors within the incorporated area
138	of the municipality. Only a county may install or authorize the
139	installation of any such detectors within the unincorporated
140	area of the county.
141	Section 5. Section 316.0083, Florida Statutes, is created
142	to read:
143	316.0083 Mark Wandall Traffic Safety Program;
144	administration; report.-
145	(1)(a) For purposes of administering this section, the
146	department, a county, or a municipality may authorize a traffic
147	infraction enforcement officer under s. 316.640 to issue a
148	traffic citation for a violation of s. 316.074(1) or s.
149	316.075(1)(c)1. This paragraph does not prohibit a review of
150	information from a traffic infraction detector by an authorized
151	employee or agent of the department, county, or municipality
152	prior to issuing a traffic citation by a traffic infraction
153	enforcement officer. This paragraph does not prohibit the
154	department, county, or municipality from issuing a notification
155	to the registered owner of the motor vehicle involved in the
156	violation of s. 316.074(1) or s. 316.075(1)(c)1.
157	(b)1.a. Within 30 days after the violation, a notification
158	must be sent to the registered owner of the motor vehicle
159	involved in the violation specifying the remedies available
160	under s. 318.18(15) and that the violator may make payment of
161	the $150 penalty to the department, county, or municipality
162	within 30 days after the date of the notification in order to
163	avoid court fees, costs, and the issuance of a traffic citation.
164	The notification may be sent by first class or certified mail.
165	b. Included with the notification to the registered owner
166	of the motor vehicle involved in the infraction shall be a
167	notice that the owner has the right to review, either in person
168	or remotely, the photographic or electronic images or the
169	streaming video evidence that constitutes a rebuttable
170	presumption against the owner of the vehicle. The notice must
171	state the time and place and Internet location where the
172	evidence may be examined and observed.
173	2. Penalties assessed and collected by the department,
174	county, or municipality authorized to collect the funds provided
175	for in this paragraph, less the amount retained by the county or
176	municipality pursuant to subparagraph 3., shall be paid into the
177	State Treasury weekly. Payment by the department, county, or
178	municipality to the state shall be made by means of electronic
179	funds transfers. A county or municipality shall only pay to the
180	State Treasury that portion of the funds not to be retained by
181	the county or municipality pursuant to subparagraph 3.
182	3. Penalties to be assessed and collected by the
183	department, county, or municipality are as follows:
184	a. One hundred and fifty dollars for a violation of s.
185	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
186	stop at a traffic signal if enforcement is by the department's
187	traffic infraction enforcement officer. Seventy-five dollars
188	shall be deposited into the General Revenue Fund, $25 shall be
189	remitted to the Department of Revenue for deposit into the
190	Department of Health Administrative Trust Fund, and $50 shall be
191	distributed to the county or municipality in which the violation
192	occurred. Funds deposited into the Department of Health
193	Administrative Trust Fund under this sub-subparagraph shall be
194	distributed as provided in s. 395.4036(1).
195	b. One hundred and fifty dollars for a violation of s.
196	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
197	stop at a traffic signal if enforcement is by a county or
198	municipal traffic infraction enforcement officer. Fifty dollars
199	shall be remitted by the county or municipality to the
200	Department of Revenue for deposit into the General Revenue Fund,
201	$25 shall be remitted to the Department of Revenue for deposit
202	into the Department of Health Administrative Trust Fund, and $75
203	shall be retained by the county or municipality enforcing the
204	ordinance enacted pursuant to this section. Funds deposited into
205	the Department of Health Administrative Trust Fund under this
206	sub-subparagraph shall be distributed as provided in s.
207	395.4036(1).
208	4. A traffic infraction enforcement officer may not
209	receive a commission from any revenue collected from violations
210	of a traffic infraction detector.
211	(c)1.a. A traffic citation issued under this section shall
212	be issued by mailing the traffic citation by certified mail to
213	the address of the registered owner of the motor vehicle
214	involved in the violation when payment has not been made within
215	30 days after notification under subparagraph (b)1.
216	b. Receipt of the traffic citation constitutes
217	notification under this paragraph.
218	c. In the case of joint ownership of a motor vehicle, the
219	traffic citation shall be mailed to the first name appearing on
220	the registration, unless the first name appearing on the
221	registration is a business organization, in which case the
222	second name appearing on the registration may be used.
223	d. The traffic citation shall be mailed to the registered
224	owner of the motor vehicle involved in the violation no later
225	than 60 days after the date of the violation.
226	2. Included with the notification to the registered owner
227	of the motor vehicle involved in the infraction shall be a
228	notice that the owner has the right to review, either in person
229	or remotely, the photographic or electronic images or the
230	streaming video evidence that constitutes a rebuttable
231	presumption against the owner of the vehicle. The notice must
232	state the time and place and Internet location where the
233	evidence may be examined and observed.
234	(d)1. The owner of the motor vehicle involved in the
235	violation is responsible and liable for paying the uniform
236	traffic citation issued for a violation of s. 316.074(1) or s.
237	316.075(1)(c)1. when the driver failed to stop at a traffic
238	signal, unless the owner can establish that:
239	a. The motor vehicle passed through the intersection in
240	order to yield right-of-way to an emergency vehicle or as part
241	of a funeral procession;
242	b. The motor vehicle passed through the intersection at
243	the direction of a law enforcement officer;
244	c. The motor vehicle was, at the time of the violation, in
245	the care, custody, or control of another person; or
246	d. A uniform traffic citation was issued by a law
247	enforcement officer to the driver of the motor vehicle for the
248	alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
249	2. In order to establish such facts, the owner of the
250	motor vehicle shall, within 30 days after the date of issuance
251	of the traffic citation, furnish to the appropriate governmental
252	entity an affidavit setting forth detailed information
253	supporting an exemption as provided in this paragraph.
254	a. An affidavit supporting an exemption under sub-
255	subparagraph 1.c. must include the name, address, date of birth,
256	and, if known, the driver's license number of the person who
257	leased, rented, or otherwise had care, custody, or control of
258	the motor vehicle at the time of the alleged violation. If the
259	vehicle was stolen at the time of the alleged offense, the
260	affidavit must include the police report indicating that the
261	vehicle was stolen.
262	b. If a traffic citation for a violation of s. 316.074(1)
263	or s. 316.075(1)(c)1. was issued at the location of the
264	violation by a law enforcement officer, the affidavit must
265	include the serial number of the uniform traffic citation.
266	3. Upon receipt of an affidavit, the person designated as
267	having care, custody, and control of the motor vehicle at the
268	time of the violation may be issued a traffic citation for a
269	violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
270	failed to stop at a traffic signal. The affidavit is admissible
271	in a proceeding pursuant to this section for the purpose of
272	providing proof that the person identified in the affidavit was
273	in actual care, custody, or control of the motor vehicle. The
274	owner of a leased vehicle for which a traffic citation is issued
275	for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
276	driver failed to stop at a traffic signal is not responsible for
277	paying the traffic citation and is not required to submit an
278	affidavit as specified in this subsection if the motor vehicle
279	involved in the violation is registered in the name of the
280	lessee of such motor vehicle.
281	4. The submission of a false affidavit is a misdemeanor of
282	the second degree, punishable as provided in s. 775.082 or s.
283	775.083.
284	(e) The photographic or electronic images or streaming
285	video attached to the traffic citation is evidence that a
286	violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
287	failed to stop at a traffic signal has occurred and is
288	admissible in any proceeding to enforce this section and raises
289	a rebuttable presumption that the motor vehicle named in the
290	report or shown in the photographic or electronic images or
291	streaming video evidence was used in violation of s. 316.074(1)
292	or s. 316.075(1)(c)1. when the driver failed to stop at a
293	traffic signal.
294	(2) Violations of s. 316.074(1) or s. 316.075(1)(c)1. when
295	a driver fails to stop at a traffic signal prior to making a
296	right or left turn, where such turns are allowed, may not be
297	enforced by the use of a traffic infraction detector.
298	(3) This section supplements the enforcement of s.
299	316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
300	when a driver fails to stop at a traffic signal and does not
301	prohibit a law enforcement officer from issuing a traffic
302	citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
303	when a driver fails to stop at a traffic signal in accordance
304	with normal traffic enforcement techniques.
305	(4)(a) Each county or municipality that operates a traffic
306	infraction detector shall submit a report by October 1, 2012,
307	and annually thereafter, to the department which details the
308	results of using the traffic infraction detector and the
309	procedures for enforcement for the preceding state fiscal year.
310	The information submitted by the counties and municipalities
311	must include statistical data and information required by the
312	department to complete the report required under paragraph (b).
313	(b) On or before December 31, 2012, and annually
314	thereafter, the department shall provide a summary report to the
315	Governor, the President of the Senate, and the Speaker of the
316	House of Representatives regarding the use and operation of
317	traffic infraction detectors under this section, along with the
318	department's recommendations and any necessary legislation. The
319	summary report must include a review of the information
320	submitted to the department by the counties and municipalities
321	and must describe the enhancement of the traffic safety and
322	enforcement programs.
323	Section 6. Subsection (6) of section 316.0745, Florida
324	Statutes, is amended to read:
325	316.0745 Uniform signals and devices.-
326	(6) Any system of traffic control devices controlled and
327	operated from a remote location by electronic computers or
328	similar devices must shall meet all requirements established for
329	the uniform system, and, if where such a system affects systems
330	affect the movement of traffic on state roads, the design of the
331	system shall be reviewed and approved by the Department of
332	Transportation.
333	Section 7. Section 316.07456, Florida Statutes, is created
334	to read:
335	316.07456 Transitional implementation.-Any traffic
336	infraction detector deployed on the highways, streets, and roads
337	of this state must meet specifications established by the
338	Department of Transportation and must be tested at regular
339	intervals according to procedures prescribed by the Department
340	of Transportation. However, any such equipment acquired by
341	purchase, lease, or other arrangement under an agreement entered
342	into by a county or municipality on or before October 1, 2011,
343	or equipment used to enforce an ordinance enacted by a county or
344	municipality on or before October 1, 2010, is not required to
345	meet the specifications established by the Department of
346	Transportation until July 1, 2011, or 180 days after the
347	issuance of the specifications, whichever occurs last.
348	Section 8. Section 316.0776, Florida Statutes, is created
349	to read:
350	316.0776 Traffic infraction detectors; placement and
351	installation.-
352	(1) Traffic infraction detectors are allowed on state
353	roads when permitted by the Department of Transportation and
354	under placement and installation specifications developed by the
355	Department of Transportation. Traffic infraction detectors are
356	allowed on streets and highways under the jurisdiction of
357	counties or municipalities and under placement and installation
358	specifications developed by the Department of Transportation.
359	(2)(a) If the department, county, or municipality installs
360	a traffic infraction detector at an intersection, the
361	department, county, or municipality shall notify the public that
362	a traffic infraction device may be in use at that intersection
363	and must specifically include notification of camera enforcement
364	of violations concerning right turns. Such signage used to
365	notify the public must meet the specifications for uniform
366	signals and devices adopted by the Department of Transportation
367	pursuant to s. 316.0745.
368	(b) If the department, county, or municipality begins a
369	traffic infraction detector program in a county or municipality
370	that has never conducted such a program, the respective
371	department, county, or municipality shall also make a public
372	announcement and conduct a public awareness campaign of the
373	proposed use of traffic infraction detectors at least 30 days
374	before commencing the enforcement program.
375	Section 9. Paragraph (b) of subsection (1) and subsection
376	(5) of section 316.640, Florida Statutes, are amended to read:
377	316.640 Enforcement.-The enforcement of the traffic laws
378	of this state is vested as follows:
379	(1) STATE.-
380	(b)1. The Department of Transportation has authority to
381	enforce on all the streets and highways of this state all laws
382	applicable within its authority.
383	2.a. The Department of Transportation shall develop
384	training and qualifications standards for toll enforcement
385	officers whose sole authority is to enforce the payment of tolls
386	pursuant to s. 316.1001. Nothing in this subparagraph shall be
387	construed to permit the carrying of firearms or other weapons,
388	nor shall a toll enforcement officer have arrest authority.
389	b. For the purpose of enforcing s. 316.1001, governmental
390	entities, as defined in s. 334.03, which own or operate a toll
391	facility may employ independent contractors or designate
392	employees as toll enforcement officers; however, any such toll
393	enforcement officer must successfully meet the training and
394	qualifications standards for toll enforcement officers
395	established by the Department of Transportation.
396	3. For the purpose of enforcing s. 316.0083, the
397	department may employ independent contractors or designate
398	employees as traffic infraction enforcement officers. A traffic
399	infraction enforcement officer must successfully complete
400	instruction in traffic enforcement procedures and court
401	presentation through the Selective Traffic Enforcement Program
402	as approved by the Division of Criminal Justice Standards and
403	Training of the Department of Law Enforcement, or through a
404	similar program, but may not necessarily otherwise meet the
405	uniform minimum standards established by the Criminal Justice
406	Standards and Training Commission for law enforcement officers
407	or auxiliary law enforcement officers under s. 943.13. This
408	subparagraph does not authorize the carrying of firearms or
409	other weapons by a traffic infraction enforcement officer and
410	does not authorize a traffic infraction enforcement officer to
411	make arrests. The department's traffic infraction enforcement
412	officers must be physically located in the state.
413	(5)(a) Any sheriff's department or police department of a
414	municipality may employ, as a traffic infraction enforcement
415	officer, any individual who successfully completes instruction
416	in traffic enforcement procedures and court presentation through
417	the Selective Traffic Enforcement Program as approved by the
418	Division of Criminal Justice Standards and Training of the
419	Department of Law Enforcement, or through a similar program, but
420	who does not necessarily otherwise meet the uniform minimum
421	standards established by the Criminal Justice Standards and
422	Training Commission for law enforcement officers or auxiliary
423	law enforcement officers under s. 943.13. Any such traffic
424	infraction enforcement officer who observes the commission of a
425	traffic infraction or, in the case of a parking infraction, who
426	observes an illegally parked vehicle may issue a traffic
427	citation for the infraction when, based upon personal
428	investigation, he or she has reasonable and probable grounds to
429	believe that an offense has been committed which constitutes a
430	noncriminal traffic infraction as defined in s. 318.14. In
431	addition, any such traffic infraction enforcement officer may
432	issue a traffic citation under s. 316.0083. For purposes of
433	enforcing s. 316.0083, any sheriff's department or police
434	department of a municipality may employ independent contractors
435	or designate employees as traffic infraction enforcement
436	officers. The traffic infraction enforcement officers must be
437	physically located in the county of the respective sheriff's or
438	police department.
439	(b) The traffic infraction enforcement officer shall be
440	employed in relationship to a selective traffic enforcement
441	program at a fixed location or as part of a crash investigation
442	team at the scene of a vehicle crash or in other types of
443	traffic infraction enforcement under the direction of a fully
444	qualified law enforcement officer; however, it is not necessary
445	that the traffic infraction enforcement officer's duties be
446	performed under the immediate supervision of a fully qualified
447	law enforcement officer.
448	(c) This subsection does not permit the carrying of
449	firearms or other weapons, nor do traffic infraction enforcement
450	officers have arrest authority other than the authority to issue
451	a traffic citation as provided in this subsection.
452	Section 10. Subsection (3) of section 316.650, Florida
453	Statutes, is amended to read:
454	316.650 Traffic citations.-
455	(3)(a) Except for a traffic citation issued pursuant to s.
456	316.1001 or s. 316.0083, each traffic enforcement officer, upon
457	issuing a traffic citation to an alleged violator of any
458	provision of the motor vehicle laws of this state or of any
459	traffic ordinance of any municipality or town, shall deposit the
460	original traffic citation or, in the case of a traffic
461	enforcement agency that has an automated citation issuance
462	system, the chief administrative officer shall provide by an
463	electronic transmission a replica of the citation data to a
464	court having jurisdiction over the alleged offense or with its
465	traffic violations bureau within 5 days after issuance to the
466	violator.
467	(b) If a traffic citation is issued pursuant to s.
468	316.1001, a traffic enforcement officer may deposit the original
469	traffic citation or, in the case of a traffic enforcement agency
470	that has an automated citation system, may provide by an
471	electronic transmission a replica of the citation data to a
472	court having jurisdiction over the alleged offense or with its
473	traffic violations bureau within 45 days after the date of
474	issuance of the citation to the violator. If the person cited
475	for the violation of s. 316.1001 makes the election provided by
476	s. 318.14(12) and pays the $25 fine, or such other amount as
477	imposed by the governmental entity owning the applicable toll
478	facility, plus the amount of the unpaid toll that is shown on
479	the traffic citation directly to the governmental entity that
480	issued the citation, or on whose behalf the citation was issued,
481	in accordance with s. 318.14(12), the traffic citation will not
482	be submitted to the court, the disposition will be reported to
483	the department by the governmental entity that issued the
484	citation, or on whose behalf the citation was issued, and no
485	points will be assessed against the person's driver's license.
486	(c) If a traffic citation is issued under s. 316.0083, the
487	traffic infraction enforcement officer shall provide by
488	electronic transmission a replica of the traffic citation data
489	to the court having jurisdiction over the alleged offense or its
490	traffic violations bureau within 5 days after the date of
491	issuance of the traffic citation to the violator.
492	Section 11. Subsection (2) of section 318.14, Florida
493	Statutes, is amended to read:
494	318.14 Noncriminal traffic infractions; exception;
495	procedures.-
496	(2) Except as provided in ss. s. 316.1001(2) and 316.0083,
497	any person cited for an infraction under this section must sign
498	and accept a citation indicating a promise to appear. The
499	officer may indicate on the traffic citation the time and
500	location of the scheduled hearing and must indicate the
501	applicable civil penalty established in s. 318.18.
502	Section 12. Subsection (15) of section 318.18, Florida
503	Statutes, is amended to read:
504	318.18 Amount of penalties.-The penalties required for a
505	noncriminal disposition pursuant to s. 318.14 or a criminal
506	offense listed in s. 318.17 are as follows:
507	(15)(a) One hundred and fifty twenty-five dollars for a
508	violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
509	has failed to stop at a traffic signal. Sixty dollars shall be
510	distributed as provided in s. 318.21, $25 shall be distributed
511	to the General Revenue Fund, and the remaining $65 shall be
512	remitted to the Department of Revenue for deposit into the
513	Administrative Trust Fund of the Department of Health.
514	(b) One hundred and fifty dollars for a violation of s.
515	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
516	stop at a traffic signal if enforced by a traffic infraction
517	enforcement officer pursuant to s. 316.0083. Moneys collected
518	pursuant to enforcement under s. 316.0083 shall be distributed
519	as provided in that section.
520	(c) If a person who is cited for a violation of s.
521	316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
522	infraction enforcement officer under s. 316.0083, presents
523	documentation from the appropriate governmental entity that the
524	traffic citation was in error, the clerk of court may dismiss
525	the case. The clerk of court shall not charge for this service.
526	(d) A traffic infraction enforcement officer may not
527	receive a commission from any revenue collected from violations
528	detected through the use of a traffic infraction detector.
529	(e) Funds deposited into the Department of Health
530	Administrative Trust Fund under this subsection shall be
531	distributed as provided in s. 395.4036(1).
532	Section 13. Section 321.50, Florida Statutes, is created
533	to read:
534	321.50 Authorization to use traffic infraction detectors.-
535	The Department of Highway Safety and Motor Vehicles is
536	authorized to use traffic infraction detectors to enforce s.
537	316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on
538	state roads as defined in chapter 316 which are under the
539	original jurisdiction of the Department of Transportation, when
540	permitted by the Department of Transportation, and under s.
541	316.0083.
542	Section 14. Paragraph (d) of subsection (3) of section
543	322.27, Florida Statutes, is amended to read:
544	322.27 Authority of department to suspend or revoke
545	license.-
546	(3) There is established a point system for evaluation of
547	convictions of violations of motor vehicle laws or ordinances,
548	and violations of applicable provisions of s. 403.413(6)(b) when
549	such violations involve the use of motor vehicles, for the
550	determination of the continuing qualification of any person to
551	operate a motor vehicle. The department is authorized to suspend
552	the license of any person upon showing of its records or other
553	good and sufficient evidence that the licensee has been
554	convicted of violation of motor vehicle laws or ordinances, or
555	applicable provisions of s. 403.413(6)(b), amounting to 12 or
556	more points as determined by the point system. The suspension
557	shall be for a period of not more than 1 year.
558	(d) The point system shall have as its basic element a
559	graduated scale of points assigning relative values to
560	convictions of the following violations:
561	1. Reckless driving, willful and wanton-4 points.
562	2. Leaving the scene of a crash resulting in property
563	damage of more than $50-6 points.
564	3. Unlawful speed resulting in a crash-6 points.
565	4. Passing a stopped school bus-4 points.
566	5. Unlawful speed:
567	a. Not in excess of 15 miles per hour of lawful or posted
568	speed-3 points.
569	b. In excess of 15 miles per hour of lawful or posted
570	speed-4 points.
571	6. A violation of a traffic control signal device as
572	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
573	However, no points shall be imposed for a violation of s.
574	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
575	stop at a traffic signal and when enforced by a traffic
576	infraction enforcement officer. In addition, a violation of s.
577	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
578	stop at a traffic signal and when enforced by a traffic
579	infraction enforcement officer may not be used for purposes of
580	setting motor vehicle insurance rates.
581	7. All other moving violations (including parking on a
582	highway outside the limits of a municipality)-3 points. However,
583	no points shall be imposed for a violation of s. 316.0741 or s.
584	316.2065(12).
585	8. Any moving violation covered above, excluding unlawful
586	speed, resulting in a crash-4 points.
587	9. Any conviction under s. 403.413(6)(b)-3 points.
588	10. Any conviction under s. 316.0775(2)-4 points.
589	Section 15. If any provision of this act or its
590	application to any person or circumstance is held invalid, the
591	invalidity does not affect other provisions or applications of
592	this act which can be given effect without the invalid provision
593	or application, and to this end the provisions of this act are
594	severable.
595	Section 16. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.