Bill Text: FL H1377 | 2011 | Regular Session | Introduced

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Bill Title: Uniform Traffic Control

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-08 - Withdrawn prior to introduction -HJ 125 [H1377 Detail]

Download: Florida-2011-H1377-Introduced.html

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HB 1377

1	A bill to be entitled
2	An act relating to uniform traffic control; amending s.
3	316.003, F.S.; defining the term "school bus traffic
4	infraction detector"; amending s. 316.008, F.S.;
5	authorizing school districts to deploy school bus traffic
6	infraction detectors under certain circumstances; creating
7	s. 316.0084, F.S.; providing for use of school bus traffic
8	infraction detectors to enforce specified provisions
9	requiring a person driving a vehicle to stop when
10	approaching a school bus displaying a stop signal;
11	authorizing the Department of Highway Safety and Motor
12	Vehicles, a county, or a municipality to authorize a
13	traffic infraction enforcement officer to issue and
14	enforce a citation for a violation of such provisions;
15	requiring notification to be sent to the registered owner
16	of the motor vehicle involved in the violation; providing
17	requirements for the notification; providing for
18	collection of penalties; providing for distribution of
19	penalties collected; providing procedures for issuance,
20	disposition, and enforcement of citations; providing for
21	exemptions; providing that certain evidence is admissible
22	for enforcement; providing penalties for submission of a
23	false affidavit; providing that the act does not preclude
24	the issuance of citations by law enforcement officers;
25	requiring reports from participating school districts to
26	the department; requiring the department to make reports
27	to the Governor and Legislature; creating s. 316.07457,
28	F.S.; requiring school bus traffic infraction detectors to
29	meet specifications established by the department;
30	creating s. 316.0777, F.S.; providing for the placement
31	and installation of detectors on school buses when
32	permitted by and under the specifications of the
33	department; amending s. 316.640, F.S.; providing for
34	authority of traffic enforcement officers appointed by the
35	state, or a police department or sheriff's department to
36	enforce specified provisions; amending s. 316.650, F.S.;
37	requiring a traffic enforcement officer to provide to the
38	court a replica of the citation data by electronic
39	transmission under certain conditions; amending s. 318.14,
40	F.S.; providing an exception from provisions requiring a
41	person cited for an infraction for failing to stop upon
42	approaching any school bus which displays a stop signal to
43	sign and accept a citation indicating a promise to appear;
44	amending s. 318.18, F.S.; increasing certain fines;
45	providing for penalties for infractions enforced by a
46	traffic infraction enforcement officer; providing for
47	distribution of fines; allowing the clerk of court to
48	dismiss certain cases upon receiving documentation that
49	the uniform traffic citation was issued in error; creating
50	s. 321.51, F.S.; authorizing the Department of Highway
51	Safety and Motor Vehicles to use school bus traffic
52	infraction detectors under certain circumstances; amending
53	s. 322.27, F.S.; providing that no points may be assessed
54	against the driver's license for infractions enforced by a
55	traffic infraction enforcement officer; providing that
56	infractions enforced by a traffic infraction enforcement
57	officer may not be used for purposes of setting motor
58	vehicle insurance rates; providing for severability;
59	providing effective dates.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Subsection (89) is added to section 316.003,
64	Florida Statutes, to read:
65	316.003  Definitions.-The following words and phrases, when
66	used in this chapter, shall have the meanings respectively
67	ascribed to them in this section, except where the context
68	otherwise requires:
69	(89)  SCHOOL BUS TRAFFIC INFRACTION DETECTOR.-A vehicle
70	sensor installed to work in conjunction with a school bus and a
71	camera or cameras synchronized to automatically record two or
72	more sequenced photographic or electronic images or streaming
73	video of a motor vehicle at the time the vehicle passes a school
74	bus in violation of s. 316.172(1)(a) or s. 316.172(1)(b).  Any
75	notification under s. 316.0084(1)(b) or traffic citation issued
76	by the use of a school bus traffic infraction detector must
77	include a photograph, video feed, or other recorded image
78	showing both the license tag of the offending vehicle and the
79	school bus stop signal being violated.
80	Section 2.  Subsection (9) is added to section 316.008,
81	Florida Statutes, to read:
82	316.008  Powers of local authorities.-
83	(9)  A Florida school district may deploy school bus
84	traffic infraction detectors on its school buses for enforcing
85	s. 316.172(1)(a) or s. 316.172(1)(b) when a driver fails to stop
86	upon approaching any school bus which displays a stop signal. A
87	school district deploying school bus traffic infraction
88	detectors will coordinate the issuing of traffic citations with
89	the Florida Highway Patrol, local sheriff's office, local police
90	department, or other entity having the authority and
91	jurisdiction to enforce the traffic laws of this state and
92	within the particular school district as provided in ss. 316.006
93	and 316.640.
94	Section 3.  Section 316.0084, Florida Statutes, is created
95	to read:
96	316.0084  School Bus Safety Program; administration;
97	report.-
98	(1)(a)  For purposes of administering this section, the
99	department, a county, or a municipality may authorize a traffic
100	infraction enforcement officer under s. 316.640 to issue a
101	traffic citation for a violation of s. 316.172(1)(a) or s.
102	316.172(1)(b). This paragraph does not prohibit a review of
103	information from a traffic infraction detector by an authorized
104	employee or agent of the department, a county, or a municipality
105	before issuance of the traffic citation by the traffic
106	infraction enforcement officer. This paragraph does not prohibit
107	the department, a county, or a municipality from issuing
108	notification as provided in paragraph (b) to the registered
109	owner of the motor vehicle involved in the violation of s.
110	316.172(1)(a) or s. 316.172(1)(b).
111	(b)1.a.  Within 10 days after a violation, notification
112	shall be sent to the registered owner of the motor vehicle
113	involved in the violation specifying the remedies available
114	under s. 318.14 and that the violator must pay the penalty of
115	$265 to the department, county, or municipality, or furnish an
116	affidavit in accordance with paragraph (d), within 30 days
117	following the date of the notification in order to avoid court
118	fees, costs, and the issuance of a traffic citation. The
119	notification shall be sent by first-class mail.
120	b.  The notification under this paragraph must inform the
121	owner that he or she has the right to review the photographic or
122	electronic images or the streaming video evidence that
123	constitutes a rebuttable presumption against the owner of the
124	vehicle. The notice must state the time and place or Internet
125	location where the evidence may be examined and observed.
126	2.  Penalty amounts collected by the department, a county,
127	or a municipality under this section, less the amount retained
128	by the department, county, or municipality pursuant to
129	subparagraph 3., shall be remitted to the Department of Revenue
130	each week by means of electronic funds transfer. In addition to
131	the payment, summary detail of the penalty amounts remitted
132	shall be reported to the Department of Revenue.
133	3.  A penalty amount of $265 shall be assessed for a
134	violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
135	has failed to stop upon approaching any school bus which
136	displays a stop signal. Of that amount, $170 shall be remitted
137	to the school district in which the violation occurred, $65
138	shall be deposited into the Emergency Medical Services Trust
139	Fund of the Department of Health to be used as provided in s.
140	395.4036, $15 shall be remitted to the department, and $15 shall
141	be retained by the county or municipality issuing the notice or
142	citation or retained by the department if the department issued
143	the notice or citation.
144	(c)1.a.  If payment has not been received within 30 days
145	after notification under subparagraph (b)1., a traffic citation
146	shall be issued by mailing the traffic citation by certified
147	mail to the address of the registered owner of the motor vehicle
148	involved in the violation.
149	b.  Delivery of the traffic citation constitutes
150	notification under this paragraph.
151	c.  In the case of joint ownership of a motor vehicle, the
152	traffic citation shall be mailed to the first name appearing on
153	the registration, unless the first name appearing on the
154	registration is a business organization, in which case the
155	second name appearing on the registration may be used.
156	d.  The traffic citation shall be mailed to the registered
157	owner of the motor vehicle involved in the violation no later
158	than 45 days after the date of the violation.
159	2.  The citation under this paragraph must include a notice
160	that the owner has the right to review, either in person or
161	remotely, the photographic or electronic images or the streaming
162	video evidence that constitutes a rebuttable presumption against
163	the owner of the vehicle. The notice must state the time and
164	place or Internet location where the evidence may be examined
165	and observed.
166	(d)1.  The owner of the motor vehicle involved in the
167	violation is responsible and liable for paying the uniform
168	traffic citation issued for a violation of s. 316.172(1)(a) or
169	s. 316.172(1)(b), unless the owner can establish that:
170	a.  The motor vehicle passed the bus at the direction of a
171	law enforcement officer;
172	b.  The motor vehicle was, at the time of the violation, in
173	the care, custody, or control of another person; or
174	c.  A uniform traffic citation was issued by a law
175	enforcement officer to the driver of the motor vehicle for the
176	alleged violation of s. 316.172(1)(a) or s. 316.172(1)(b).
177	2.  In order to establish such facts, the owner of the
178	motor vehicle shall, within 30 days after the date of issuance
179	of the traffic citation, furnish to the appropriate governmental
180	entity an affidavit setting forth detailed information
181	supporting an exemption as provided in this paragraph.
182	a.  An affidavit supporting an exemption under sub-
183	subparagraph 1.b. must include the name, address, date of birth,
184	and, if known, the driver's license number of the person who
185	leased, rented, or otherwise had care, custody, or control of
186	the motor vehicle at the time of the alleged violation. If the
187	vehicle was stolen at the time of the alleged offense, the
188	affidavit must include the police report indicating that the
189	vehicle was stolen.
190	b.  If a traffic citation for a violation of s.
191	316.172(1)(a) or s. 316.172(1)(b) was issued at the location of
192	the violation by a law enforcement officer, the affidavit must
193	include the serial number of the uniform traffic citation.
194	3.  Upon receipt of an affidavit supporting an exemption
195	under sub-subparagraph 1.b., the person designated as having
196	care, custody, and control of the motor vehicle at the time of
197	the violation may be issued a traffic citation for a violation
198	of s. 316.172(1)(a) or s. 316.172(1)(b) when the driver failed
199	to stop upon approaching any school bus which displays a stop
200	signal. The affidavit is admissible in a proceeding pursuant to
201	this section for the purpose of providing proof that the person
202	identified in the affidavit was in actual care, custody, or
203	control of the motor vehicle. The owner of a leased vehicle for
204	which a traffic citation is issued for a violation of s.
205	316.172(1)(a) or s. 316.172(1)(b) is not responsible for paying
206	the traffic citation and is not required to submit an affidavit
207	as specified in this subsection if the motor vehicle involved in
208	the violation is registered in the name of the lessee of such
209	motor vehicle.
210	4.  The submission of a false affidavit is a misdemeanor of
211	the second degree, punishable as provided in s. 775.082 or s.
212	775.083.
213	(e)  The photographic or electronic images or streaming
214	video attached to or referenced in the traffic citation is
215	evidence that a violation of s. 316.172(1)(a) or s.
216	316.172(1)(b) has occurred and is admissible in any proceeding
217	to enforce this section and raises a rebuttable presumption that
218	the motor vehicle named in the report or shown in the
219	photographic or electronic images or streaming video evidence
220	was used in violation of s. 316.172(1)(a) or s. 316.172(b).
221	(2)  This section supplements the enforcement of s.
222	316.172(1)(a) or s. 316.172(1)(b) and does not prohibit a law
223	enforcement officer from issuing a traffic citation for a
224	violation of s. 316.172(1)(a) or s. 316.172(1)(b).
225	(3)(a)  Each school district that deploys a school bus
226	traffic infraction detector shall submit a report by October 1,
227	2013, and annually thereafter, to the department which details
228	the results of using the school bus traffic infraction detector
229	and the procedures for enforcement for the preceding state
230	fiscal year. The information submitted by the counties and
231	municipalities must include statistical data and information
232	required by the department to complete the report required under
233	paragraph (b).
234	(b)  On or before December 31, 2013, and annually
235	thereafter, the department shall provide a summary report to the
236	Governor, the President of the Senate, and the Speaker of the
237	House of Representatives regarding the use and operation of
238	traffic infraction detectors under this section, along with the
239	department's recommendations and recommendations for any
240	necessary legislation. The summary report must include a review
241	of the information submitted to the department by the counties
242	and municipalities and must describe the enhancement of the
243	traffic safety and enforcement programs.
244	Section 4.  Section 316.07457, Florida Statutes, is created
245	to read:
246	316.07457  Implementation.-Any school bus traffic
247	infraction detector deployed by a school district on one or more
248	of the buses in its fleet must meet specifications established
249	by the department and must be tested at regular intervals
250	according to specifications prescribed by the department. The
251	department must establish such specifications on or before
252	December 31, 2011.
253	Section 5.  Section 316.0777, Florida Statutes, is created
254	to read:
255	316.0777  School bus traffic infraction detectors;
256	placement and installation.-School bus traffic infraction
257	detectors are allowed on the school buses of school districts
258	when permitted by the department and under placement and
259	installation specifications developed by the department.
260	Section 6.  Paragraph (b) of subsection (1) and subsection
261	(5) of section 316.640, Florida Statutes, are amended to read:
262	316.640  Enforcement.-The enforcement of the traffic laws
263	of this state is vested as follows:
264	(1)  STATE.-
265	(b)1.  The Department of Transportation has authority to
266	enforce on all the streets and highways of this state all laws
267	applicable within its authority.
268	2.a.  The Department of Transportation shall develop
269	training and qualifications standards for toll enforcement
270	officers whose sole authority is to enforce the payment of tolls
271	pursuant to s. 316.1001. Nothing in this subparagraph shall be
272	construed to permit the carrying of firearms or other weapons,
273	nor shall a toll enforcement officer have arrest authority.
274	b.  For the purpose of enforcing s. 316.1001, governmental
275	entities, as defined in s. 334.03, which own or operate a toll
276	facility may employ independent contractors or designate
277	employees as toll enforcement officers; however, any such toll
278	enforcement officer must successfully meet the training and
279	qualifications standards for toll enforcement officers
280	established by the Department of Transportation.
281	3.  For the purpose of enforcing s. 316.0083 or s.
282	316.0084, the department may designate employees as traffic
283	infraction enforcement officers. A traffic infraction
284	enforcement officer must successfully complete instruction in
285	traffic enforcement procedures and court presentation through
286	the Selective Traffic Enforcement Program as approved by the
287	Division of Criminal Justice Standards and Training of the
288	Department of Law Enforcement, or through a similar program, but
289	may not necessarily otherwise meet the uniform minimum standards
290	established by the Criminal Justice Standards and Training
291	Commission for law enforcement officers or auxiliary law
292	enforcement officers under s. 943.13. This subparagraph does not
293	authorize the carrying of firearms or other weapons by a traffic
294	infraction enforcement officer and does not authorize a traffic
295	infraction enforcement officer to make arrests. The department's
296	traffic infraction enforcement officers must be physically
297	located in the state.
298	(5)(a)  Any sheriff's department or police department of a
299	municipality may employ, as a traffic infraction enforcement
300	officer, any individual who successfully completes instruction
301	in traffic enforcement procedures and court presentation through
302	the Selective Traffic Enforcement Program as approved by the
303	Division of Criminal Justice Standards and Training of the
304	Department of Law Enforcement, or through a similar program, but
305	who does not necessarily otherwise meet the uniform minimum
306	standards established by the Criminal Justice Standards and
307	Training Commission for law enforcement officers or auxiliary
308	law enforcement officers under s. 943.13. Any such traffic
309	infraction enforcement officer who observes the commission of a
310	traffic infraction or, in the case of a parking infraction, who
311	observes an illegally parked vehicle may issue a traffic
312	citation for the infraction when, based upon personal
313	investigation, he or she has reasonable and probable grounds to
314	believe that an offense has been committed which constitutes a
315	noncriminal traffic infraction as defined in s. 318.14. In
316	addition, any such traffic infraction enforcement officer may
317	issue a traffic citation under s. 316.0083 or s. 316.0084. For
318	purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff's
319	department or police department of a municipality may designate
320	employees as traffic infraction enforcement officers. The
321	traffic infraction enforcement officers must be physically
322	located in the county of the respective sheriff's or police
323	department.
324	(b)  The traffic infraction enforcement officer shall be
325	employed in relationship to a selective traffic enforcement
326	program at a fixed location or as part of a crash investigation
327	team at the scene of a vehicle crash or in other types of
328	traffic infraction enforcement under the direction of a fully
329	qualified law enforcement officer; however, it is not necessary
330	that the traffic infraction enforcement officer's duties be
331	performed under the immediate supervision of a fully qualified
332	law enforcement officer.
333	(c)  This subsection does not permit the carrying of
334	firearms or other weapons, nor do traffic infraction enforcement
335	officers have arrest authority other than the authority to issue
336	a traffic citation as provided in this subsection.
337	Section 7.  Subsection (3) of section 316.650, Florida
338	Statutes, is amended to read:
339	316.650  Traffic citations.-
340	(3)(a)  Except for a traffic citation issued pursuant to s.
341	316.1001, or s. 316.0083, or s. 316.0084, each traffic
342	enforcement officer, upon issuing a traffic citation to an
343	alleged violator of any provision of the motor vehicle laws of
344	this state or of any traffic ordinance of any municipality or
345	town, shall deposit the original traffic citation or, in the
346	case of a traffic enforcement agency that has an automated
347	citation issuance system, the chief administrative officer shall
348	provide by an electronic transmission a replica of the citation
349	data to a court having jurisdiction over the alleged offense or
350	with its traffic violations bureau within 5 days after issuance
351	to the violator.
352	(b)  If a traffic citation is issued pursuant to s.
353	316.1001, a traffic enforcement officer may deposit the original
354	traffic citation or, in the case of a traffic enforcement agency
355	that has an automated citation system, may provide by an
356	electronic transmission a replica of the citation data to a
357	court having jurisdiction over the alleged offense or with its
358	traffic violations bureau within 45 days after the date of
359	issuance of the citation to the violator. If the person cited
360	for the violation of s. 316.1001 makes the election provided by
361	s. 318.14(12) and pays the $25 fine, or such other amount as
362	imposed by the governmental entity owning the applicable toll
363	facility, plus the amount of the unpaid toll that is shown on
364	the traffic citation directly to the governmental entity that
365	issued the citation, or on whose behalf the citation was issued,
366	in accordance with s. 318.14(12), the traffic citation will not
367	be submitted to the court, the disposition will be reported to
368	the department by the governmental entity that issued the
369	citation, or on whose behalf the citation was issued, and no
370	points will be assessed against the person's driver's license.
371	(c)  If a traffic citation is issued under s. 316.0083 or
372	s. 316.0084, the traffic infraction enforcement officer shall
373	provide by electronic transmission a replica of the traffic
374	citation data to the court having jurisdiction over the alleged
375	offense or its traffic violations bureau within 5 days after the
376	date of issuance of the traffic citation to the violator.
377	Section 8.  Subsection (2) of section 318.14, Florida
378	Statutes, is amended to read:
379	318.14  Noncriminal traffic infractions; exception;
380	procedures.-
381	(2)  Except as provided in ss. 316.1001(2), and 316.0083,
382	and 316.084, any person cited for a violation requiring a
383	mandatory hearing listed in s. 318.19 or any other criminal
384	traffic violation listed in chapter 316 must sign and accept a
385	citation indicating a promise to appear. The officer may
386	indicate on the traffic citation the time and location of the
387	scheduled hearing and must indicate the applicable civil penalty
388	established in s. 318.18. For all other infractions under this
389	section, except for infractions under s. 316.1001, the officer
390	must certify by electronic, electronic facsimile, or written
391	signature that the citation was delivered to the person cited.
392	This certification is prima facie evidence that the person cited
393	was served with the citation.
394	Section 9.  Subsection (5) of section 318.18, Florida
395	Statutes, is amended to read:
396	318.18  Amount of penalties.-The penalties required for a
397	noncriminal disposition pursuant to s. 318.14 or a criminal
398	offense listed in s. 318.17 are as follows:
399	(5)(a)  Two One hundred dollars for a violation of s.
400	316.172(1)(a), failure to stop for a school bus. If, at a
401	hearing, the alleged offender is found to have committed this
402	offense, the court shall impose a minimum civil penalty of $200
403	$100. In addition to this penalty, for a second or subsequent
404	offense within a period of 5 years, the department shall suspend
405	the driver's license of the person for not less than 90 days and
406	not more than 6 months.
407	(b)  Two hundred dollars for a violation of s.
408	316.172(1)(b), passing a school bus on the side that children
409	enter and exit when the school bus displays a stop signal. If,
410	at a hearing, the alleged offender is found to have committed
411	this offense, the court shall impose a minimum civil penalty of
412	$200. In addition to this penalty, for a second or subsequent
413	offense within a period of 5 years, the department shall suspend
414	the driver's license of the person for not less than 180 days
415	and not more than 1 year.
416	(c)  In addition to the penalty under paragraph (a) or
417	paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
418	If the alleged offender is found to have committed the offense,
419	the court shall impose the civil penalty under paragraph (a) or
420	paragraph (b) plus an additional $65. As provided in s.
421	316.0084(1)(b)3., the additional $65 collected under this
422	paragraph shall be remitted to the Department of Revenue for
423	deposit into the Emergency Medical Services Trust Fund of the
424	Department of Health to be used as provided in s. 395.4036.
425	(d) The $265 collected under paragraphs (a), (b), and (c)
426	shall be distributed as provided in s. 316.0084(1)(b)3.
427	(e) If a person who is cited for a violation of s.
428	316.172(1)(a) or s. 316.172(1)(b), as enforced by a traffic
429	infraction enforcement officer under s. 316.0084, presents
430	documentation from the appropriate governmental entity that the
431	traffic citation was in error, the clerk of court may dismiss
432	the case. The clerk of court shall not charge for this service.
433	Section 10.  Section 321.51, Florida Statutes, is created
434	to read:
435	321.51  Authorization to use school bus traffic infraction
436	detectors.-When permitted by the Department of Transportation,
437	the Department of Highway Safety and Motor Vehicles may, under
438	s. 316.0084, use images from school bus traffic infraction
439	detectors to enforce s. 316.172(1)(a) or s. 316.172(1)(b) when a
440	driver fails to stop upon approaching any school bus which
441	displays a stop signal on state roads, as defined in chapter
442	316, which are under the original jurisdiction of the Department
443	of Transportation.
444	Section 11.  Paragraph (d) of subsection (3) of section
445	322.27, Florida Statutes, is amended to read:
446	322.27  Authority of department to suspend or revoke
447	license.-
448	(3)  There is established a point system for evaluation of
449	convictions of violations of motor vehicle laws or ordinances,
450	and violations of applicable provisions of s. 403.413(6)(b) when
451	such violations involve the use of motor vehicles, for the
452	determination of the continuing qualification of any person to
453	operate a motor vehicle. The department is authorized to suspend
454	the license of any person upon showing of its records or other
455	good and sufficient evidence that the licensee has been
456	convicted of violation of motor vehicle laws or ordinances, or
457	applicable provisions of s. 403.413(6)(b), amounting to 12 or
458	more points as determined by the point system. The suspension
459	shall be for a period of not more than 1 year.
460	(d)  The point system shall have as its basic element a
461	graduated scale of points assigning relative values to
462	convictions of the following violations:
463	1.  Reckless driving, willful and wanton-4 points.
464	2.  Leaving the scene of a crash resulting in property
465	damage of more than $50-6 points.
466	3.  Unlawful speed resulting in a crash-6 points.
467	4.  Passing a stopped school bus-4 points.
468	5.  Unlawful speed:
469	a.  Not in excess of 15 miles per hour of lawful or posted
470	speed-3 points.
471	b.  In excess of 15 miles per hour of lawful or posted
472	speed-4 points.
473	6.  A violation of a traffic control signal device as
474	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
475	However, no points shall be imposed for a violation of s.
476	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
477	stop at a traffic signal and when enforced by a traffic
478	infraction enforcement officer. In addition, a violation of s.
479	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
480	stop at a traffic signal and when enforced by a traffic
481	infraction enforcement officer may not be used for purposes of
482	setting motor vehicle insurance rates. Furthermore, no points
483	shall be imposed for a violation of s. 316.172(1)(a) or s.
484	316.172(1)(b) when a driver has failed to stop upon approaching
485	any school bus which displays a stop signal and when enforced by
486	a traffic infraction enforcement officer. In addition, a
487	violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
488	has failed to stop upon approaching any school bus which
489	displays a stop signal and when enforced by a traffic infraction
490	enforcement officer may not be used for purposes of setting
491	motor vehicle insurance rates.
492	7.  All other moving violations (including parking on a
493	highway outside the limits of a municipality)-3 points. However,
494	no points shall be imposed for a violation of s. 316.0741 or s.
495	316.2065(12); and points shall be imposed for a violation of s.
496	316.1001 only when imposed by the court after a hearing pursuant
497	to s. 318.14(5).
498	8.  Any moving violation covered above, excluding unlawful
499	speed, resulting in a crash-4 points.
500	9.  Any conviction under s. 403.413(6)(b)-3 points.
501	10.  Any conviction under s. 316.0775(2)-4 points.
502	Section 12.  If any provision of this act or its
503	application to any person or circumstance is held invalid, the
504	invalidity does not affect other provisions or applications of
505	this act which can be given effect without the invalid provision
506	or application, and to this end the provisions of this act are
507	severable.
508	Section 13.  This act shall take effect July 1, 2011.

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