Bill Text: FL S0180 | 2017 | Regular Session | Introduced


Bill Title: Traffic Infraction Detectors

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Transportation [S0180 Detail]

Download: Florida-2017-S0180-Introduced.html
       Florida Senate - 2017                                     SB 180
       
       
        
       By Senator Rodriguez
       
       37-00255A-17                                           2017180__
    1                        A bill to be entitled                      
    2         An act relating to traffic infraction detectors;
    3         amending s. 316.0083, F.S.; decreasing the penalty to
    4         be assessed and collected by the department, county,
    5         or municipality if a traffic infraction detector is
    6         used to enforce specified violations when a driver
    7         failed to stop at a traffic signal; allowing a person
    8         to elect to attend a certain course instead of paying
    9         the penalty for a first violation; providing for
   10         distribution of the penalty under certain
   11         circumstances; conforming provisions to changes made
   12         by the act; amending s. 318.15, F.S.; prohibiting the
   13         suspension of a person’s driver license and privilege
   14         to drive or the withholding of the license plate or
   15         revalidation sticker for failure to pay certain
   16         penalties under certain circumstances; amending s.
   17         318.18, F.S.; decreasing a penalty if a traffic
   18         infraction detector is used to enforce specified
   19         violations when a driver failed to stop at a traffic
   20         signal; allowing a person to elect to attend a certain
   21         course instead of paying the penalty for a first
   22         violation; providing for distribution of the penalty
   23         under certain circumstances; amending s. 318.21, F.S.;
   24         providing for distribution of a specified fine imposed
   25         using a traffic infraction detector; amending s.
   26         322.27, F.S.; prohibiting points from being imposed
   27         for the first occurrence of specified violations when
   28         a driver failed to stop at a traffic signal if a
   29         traffic infraction detector is used to enforce such
   30         violations; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraph (b) of subsection (1) of section
   35  316.0083, Florida Statutes, is amended to read:
   36         316.0083 Mark Wandall Traffic Safety Program;
   37  administration; report.—
   38         (1)
   39         (b)1.a. Within 30 days after a violation, notification must
   40  be sent to the registered owner of the motor vehicle involved in
   41  the violation specifying the remedies available under s. 318.14
   42  and that the violator must pay a the penalty pursuant to
   43  subparagraph 3. of $158 to the department, county, or
   44  municipality, or furnish an affidavit in accordance with
   45  paragraph (d), or request a hearing within 60 days following the
   46  date of the notification in order to avoid the issuance of a
   47  traffic citation. The notification must be sent by first-class
   48  mail. The mailing of the notice of violation constitutes
   49  notification.
   50         b. Included with the notification to the registered owner
   51  of the motor vehicle involved in the infraction must be a notice
   52  that the owner has the right to review the photographic or
   53  electronic images or the streaming video evidence that
   54  constitutes a rebuttable presumption against the owner of the
   55  vehicle. The notice must state the time and place or Internet
   56  location where the evidence may be examined and observed.
   57         c. Notwithstanding any other provision of law, a person who
   58  receives a notice of violation under this section may request a
   59  hearing within 60 days following the notification of violation
   60  or pay the penalty pursuant to the notice of violation, but a
   61  payment or fee may not be required before the hearing requested
   62  by the person. The notice of violation must be accompanied by,
   63  or direct the person to a website that provides, information on
   64  the person’s right to request a hearing and on all court costs
   65  related thereto and a form to request a hearing. As used in this
   66  sub-subparagraph, the term “person” includes a natural person,
   67  registered owner or coowner of a motor vehicle, or person
   68  identified on an affidavit as having care, custody, or control
   69  of the motor vehicle at the time of the violation.
   70         d. If the registered owner or coowner of the motor vehicle,
   71  or the person designated as having care, custody, or control of
   72  the motor vehicle at the time of the violation, or an authorized
   73  representative of the owner, coowner, or designated person,
   74  initiates a proceeding to challenge the violation pursuant to
   75  this paragraph, such person waives any challenge or dispute as
   76  to the delivery of the notice of violation.
   77         2. Penalties assessed and collected by the department,
   78  county, or municipality authorized to collect the funds provided
   79  for in this paragraph, less the amount retained by the county or
   80  municipality pursuant to subparagraph 3., shall be paid to the
   81  Department of Revenue weekly. Payment by the department, county,
   82  or municipality to the state shall be made by means of
   83  electronic funds transfers. In addition to the payment, summary
   84  detail of the penalties remitted shall be reported to the
   85  Department of Revenue.
   86         3. Penalties to be assessed and collected by the
   87  department, county, or municipality are as follows:
   88         a. One hundred fifty-eight dollars for a violation of s.
   89  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
   90  a traffic signal if enforcement is by the department’s traffic
   91  infraction enforcement officer. One hundred dollars shall be
   92  remitted to the Department of Revenue for deposit into the
   93  General Revenue Fund, $10 shall be remitted to the Department of
   94  Revenue for deposit into the Department of Health Emergency
   95  Medical Services Trust Fund, $3 shall be remitted to the
   96  Department of Revenue for deposit into the Brain and Spinal Cord
   97  Injury Trust Fund, and $45 shall be distributed to the
   98  municipality in which the violation occurred, or, if the
   99  violation occurred in an unincorporated area, to the county in
  100  which the violation occurred. Funds deposited into the
  101  Department of Health Emergency Medical Services Trust Fund under
  102  this sub-subparagraph shall be distributed as provided in s.
  103  395.4036(1). Proceeds of the infractions in the Brain and Spinal
  104  Cord Injury Trust Fund shall be distributed quarterly to the
  105  Miami Project to Cure Paralysis and used for brain and spinal
  106  cord research.
  107         b. One hundred fifty-eight dollars for a violation of s.
  108  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
  109  a traffic signal if enforcement is by a county or municipal
  110  traffic infraction enforcement officer. Seventy dollars shall be
  111  remitted by the county or municipality to the Department of
  112  Revenue for deposit into the General Revenue Fund, $10 shall be
  113  remitted to the Department of Revenue for deposit into the
  114  Department of Health Emergency Medical Services Trust Fund, $3
  115  shall be remitted to the Department of Revenue for deposit into
  116  the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
  117  retained by the county or municipality enforcing the ordinance
  118  enacted pursuant to this section. Funds deposited into the
  119  Department of Health Emergency Medical Services Trust Fund under
  120  this sub-subparagraph shall be distributed as provided in s.
  121  395.4036(1). Proceeds of the infractions in the Brain and Spinal
  122  Cord Injury Trust Fund shall be distributed quarterly to the
  123  Miami Project to Cure Paralysis and used for brain and spinal
  124  cord research.
  125         c. Notwithstanding sub-subparagraphs a. and b., if a
  126  traffic infraction detector is used to enforce s. 316.074(1) or
  127  s. 316.075(1)(c)1., $50 for a violation of s. 316.074(1) or s.
  128  316.075(1)(c)1. when a driver failed to stop at a traffic
  129  signal. A person may elect to attend a department-approved
  130  driver improvement course instead of paying the $50 penalty for
  131  a first violation.
  132         (I) If the department’s traffic infraction enforcement
  133  officer issues a traffic citation for a violation under this
  134  sub-subparagraph, $32 shall be remitted to the Department of
  135  Revenue for deposit into the General Revenue Fund, $3 shall be
  136  remitted to the Department of Revenue for deposit into the
  137  Department of Health Emergency Medical Services Trust Fund, $1
  138  shall be remitted to the Department of Revenue for deposit into
  139  the Brain and Spinal Cord Injury Trust Fund, and $14 shall be
  140  distributed to the municipality in which the violation occurred
  141  or, if the violation occurred in an unincorporated area, to the
  142  county in which the violation occurred. Funds deposited into the
  143  Department of Health Emergency Medical Services Trust Fund under
  144  this sub-sub-subparagraph shall be distributed as provided in s.
  145  395.4036(1). Citation proceeds in the Brain and Spinal Cord
  146  Injury Trust Fund shall be distributed quarterly to the Miami
  147  Project to Cure Paralysis and used for brain and spinal cord
  148  research.
  149         (II) If a county or municipal traffic infraction
  150  enforcement officer issues a traffic citation for a violation
  151  under this sub-subparagraph, $22 shall be remitted by the county
  152  or municipality to the Department of Revenue for deposit into
  153  the General Revenue Fund, $3 shall be remitted to the Department
  154  of Revenue for deposit into the Department of Health Emergency
  155  Medical Services Trust Fund, $1 shall be remitted to the
  156  Department of Revenue for deposit into the Brain and Spinal Cord
  157  Injury Trust Fund, and $24 shall be retained by the county or
  158  municipality enforcing the ordinance enacted pursuant to this
  159  section. Funds deposited into the Department of Health Emergency
  160  Medical Services Trust Fund under this sub-sub-subparagraph
  161  shall be distributed as provided in s. 395.4036(1). Citation
  162  proceeds in the Brain and Spinal Cord Injury Trust Fund shall be
  163  distributed quarterly to the Miami Project to Cure Paralysis and
  164  used for brain and spinal cord research.
  165         4. An individual may not receive a commission from any
  166  revenue collected from violations detected through the use of a
  167  traffic infraction detector. A manufacturer or vendor may not
  168  receive a fee or remuneration based upon the number of
  169  violations detected through the use of a traffic infraction
  170  detector.
  171         Section 2. Subsection (4) is added to section 318.15,
  172  Florida Statutes, to read:
  173         318.15 Failure to comply with civil penalty or to appear;
  174  penalty.—
  175         (4)Notwithstanding this section, if a traffic infraction
  176  detector is used to enforce s. 316.074(1) or s. 316.075(1)(c)1.
  177  and a driver failed to stop at a traffic signal, and if there
  178  are no additional violations that occurred during the same
  179  incident, failure to pay the penalty pursuant to s.
  180  316.0083(1)(b)3.c. or s. 318.18(15)(a)4. may not lead to the
  181  suspension of the person’s driver license and privilege to drive
  182  or to the withholding of the license plate or revalidation
  183  sticker.
  184         Section 3. Paragraph (a) of subsection (15) of section
  185  318.18, Florida Statutes, is amended to read:
  186         318.18 Amount of penalties.—The penalties required for a
  187  noncriminal disposition pursuant to s. 318.14 or a criminal
  188  offense listed in s. 318.17 are as follows:
  189         (15)(a)1. One hundred and fifty-eight dollars for a
  190  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  191  has failed to stop at a traffic signal and when enforced by a
  192  law enforcement officer. Sixty dollars shall be distributed as
  193  provided in s. 318.21, $30 shall be distributed to the General
  194  Revenue Fund, $3 shall be remitted to the Department of Revenue
  195  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  196  and the remaining $65 shall be remitted to the Department of
  197  Revenue for deposit into the Emergency Medical Services Trust
  198  Fund of the Department of Health.
  199         2. One hundred and fifty-eight dollars for a violation of
  200  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  201  stop at a traffic signal and when enforced by the department’s
  202  traffic infraction enforcement officer. One hundred dollars
  203  shall be remitted to the Department of Revenue for deposit into
  204  the General Revenue Fund, $45 shall be distributed to the county
  205  for any violations occurring in any unincorporated areas of the
  206  county or to the municipality for any violations occurring in
  207  the incorporated boundaries of the municipality in which the
  208  infraction occurred, $10 shall be remitted to the Department of
  209  Revenue for deposit into the Department of Health Emergency
  210  Medical Services Trust Fund for distribution as provided in s.
  211  395.4036(1), and $3 shall be remitted to the Department of
  212  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  213  Fund.
  214         3. One hundred and fifty-eight dollars for a violation of
  215  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  216  stop at a traffic signal and when enforced by a county’s or
  217  municipality’s traffic infraction enforcement officer. Seventy
  218  five dollars shall be distributed to the county or municipality
  219  issuing the traffic citation, $70 shall be remitted to the
  220  Department of Revenue for deposit into the General Revenue Fund,
  221  $10 shall be remitted to the Department of Revenue for deposit
  222  into the Department of Health Emergency Medical Services Trust
  223  Fund for distribution as provided in s. 395.4036(1), and $3
  224  shall be remitted to the Department of Revenue for deposit into
  225  the Brain and Spinal Cord Injury Trust Fund.
  226         4. Notwithstanding subparagraphs 1.-3., if a traffic
  227  infraction detector is used to enforce s. 316.074(1) or s.
  228  316.075(1)(c)1., $50 for a violation of s. 316.074(1) or s.
  229  316.075(1)(c)1. when a driver failed to stop at a traffic
  230  signal. A person may elect to attend a department-approved
  231  driver improvement course instead of paying the $50 penalty for
  232  a first violation.
  233         a.If a law enforcement officer issues a traffic citation
  234  for a violation under this subparagraph, $19 shall be
  235  distributed as provided in s. 318.21, $9 shall be distributed to
  236  the General Revenue Fund, $1 shall be remitted to the Department
  237  of Revenue for deposit into the Brain and Spinal Cord Injury
  238  Trust Fund, and the remaining $21 shall be remitted to the
  239  Department of Revenue for deposit into the Emergency Medical
  240  Services Trust Fund of the Department of Health.
  241         b. If the department’s traffic infraction enforcement
  242  officer issues a traffic citation for a violation under this
  243  subparagraph, $32 shall be remitted to the Department of Revenue
  244  for deposit into the General Revenue Fund, $14 shall be
  245  distributed to the municipality in which the violation occurred
  246  or, if the violation occurred in an unincorporated area, to the
  247  county in which the violation occurred, $3 shall be remitted to
  248  the Department of Revenue for deposit into the Department of
  249  Health Emergency Medical Services Trust Fund for distribution as
  250  provided in s. 395.4036(1), and $1 shall be remitted to the
  251  Department of Revenue for deposit into the Brain and Spinal Cord
  252  Injury Trust Fund.
  253         c. If a county’s or municipality’s traffic infraction
  254  enforcement officer issues a traffic citation for a violation
  255  under this subparagraph, $24 dollars shall be distributed to the
  256  county or municipality issuing the traffic citation, $22 shall
  257  be remitted to the Department of Revenue for deposit into the
  258  General Revenue Fund, $3 shall be remitted to the Department of
  259  Revenue for deposit into the Department of Health Emergency
  260  Medical Services Trust Fund for distribution as provided in s.
  261  395.4036(1), and $1 shall be remitted to the Department of
  262  Revenue for deposit into the Brain and Spinal Cord Injury Trust
  263  Fund.
  264         Section 4. Subsection (13) of section 318.21, Florida
  265  Statutes, is amended to read:
  266         318.21 Disposition of civil penalties by county courts.—All
  267  civil penalties received by a county court pursuant to the
  268  provisions of this chapter shall be distributed and paid monthly
  269  as follows:
  270         (13)(a) Of the proceeds from the fine under s. 318.18(15),
  271  $65 shall be remitted to the Department of Revenue for deposit
  272  into the Administrative Trust Fund of the Department of Health
  273  and the remaining $60 shall be distributed pursuant to
  274  subsections (1) and (2).
  275         (b) Notwithstanding paragraph (a), if a traffic infraction
  276  detector is used to impose the fine under s. 318.18(15)(a)4.,
  277  $21 of the proceeds from the fine shall be remitted to the
  278  Department of Revenue for deposit into the Administrative Trust
  279  Fund of the Department of Health and the remaining $19 shall be
  280  distributed pursuant to subsections (1) and (2).
  281         Section 5. Paragraph (d) of subsection (3) of section
  282  322.27, Florida Statutes, is amended to read:
  283         322.27 Authority of department to suspend or revoke driver
  284  license or identification card.—
  285         (3) There is established a point system for evaluation of
  286  convictions of violations of motor vehicle laws or ordinances,
  287  and violations of applicable provisions of s. 403.413(6)(b) when
  288  such violations involve the use of motor vehicles, for the
  289  determination of the continuing qualification of any person to
  290  operate a motor vehicle. The department is authorized to suspend
  291  the license of any person upon showing of its records or other
  292  good and sufficient evidence that the licensee has been
  293  convicted of violation of motor vehicle laws or ordinances, or
  294  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  295  more points as determined by the point system. The suspension
  296  shall be for a period of not more than 1 year.
  297         (d) The point system shall have as its basic element a
  298  graduated scale of points assigning relative values to
  299  convictions of the following violations:
  300         1. Reckless driving, willful and wanton—4 points.
  301         2. Leaving the scene of a crash resulting in property
  302  damage of more than $50—6 points.
  303         3. Unlawful speed, or unlawful use of a wireless
  304  communications device, resulting in a crash—6 points.
  305         4. Passing a stopped school bus—4 points.
  306         5. Unlawful speed:
  307         a. Not in excess of 15 miles per hour of lawful or posted
  308  speed—3 points.
  309         b. In excess of 15 miles per hour of lawful or posted
  310  speed—4 points.
  311         6. A violation of a traffic control signal device as
  312  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  313  However, no points shall be imposed for a violation of s.
  314  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  315  stop at a traffic signal and when enforced by a traffic
  316  infraction enforcement officer; and if a traffic infraction
  317  detector is used to enforce s. 316.074(1) or s. 316.075(1)(c)1.,
  318  no points shall be imposed for a first violation of s.
  319  316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at
  320  a traffic signal. In addition, a violation of s. 316.074(1) or
  321  s. 316.075(1)(c)1. when a driver has failed to stop at a traffic
  322  signal and when enforced by a traffic infraction enforcement
  323  officer may not be used for purposes of setting motor vehicle
  324  insurance rates.
  325         7. All other moving violations (including parking on a
  326  highway outside the limits of a municipality)—3 points. However,
  327  no points shall be imposed for a violation of s. 316.0741 or s.
  328  316.2065(11); and points shall be imposed for a violation of s.
  329  316.1001 only when imposed by the court after a hearing pursuant
  330  to s. 318.14(5).
  331         8. Any moving violation covered in this paragraph,
  332  excluding unlawful speed and unlawful use of a wireless
  333  communications device, resulting in a crash—4 points.
  334         9. Any conviction under s. 403.413(6)(b)—3 points.
  335         10. Any conviction under s. 316.0775(2)—4 points.
  336         11. A moving violation covered in this paragraph which is
  337  committed in conjunction with the unlawful use of a wireless
  338  communications device within a school safety zone—2 points, in
  339  addition to the points assigned for the moving violation.
  340         Section 6. This act shall take effect October 1, 2017.

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