Florida Senate - 2012 SB 568 By Senator Wise 5-00609-12 2012568__ 1 A bill to be entitled 2 An act relating to noncriminal traffic infractions; 3 creating s. 316.0077, F.S.; providing for testing of 4 certain unattended devices used to enforce traffic 5 laws; providing that such devices used to enforce 6 speed limit laws are also subject to specified 7 provisions; providing civil fines for violations; 8 amending s. 318.14, F.S.; specifying that, at a 9 hearing of any charge of a noncriminal traffic 10 infraction, the burden for proving guilt rests with 11 the governmental entity bringing the charge; 12 specifying that a person may not be compelled to be a 13 witness against himself or herself in any hearing of a 14 noncriminal traffic infraction; specifying that any 15 person charged with a violation that involves a 16 traffic infraction detector or any similar device has 17 the right to confront any witnesses against him or 18 her; requiring that evidence obtained from such device 19 must be authenticated in court by certain persons who 20 must appear in person and offer direct testimony and 21 account in writing for any evidence used; providing 22 for witness compensation pursuant to specified 23 provisions; providing that a person receiving a notice 24 of violation involving such device has the option of 25 paying a fine or requesting a hearing without further 26 issuance of a traffic citation and may not be charged 27 a surcharge for requesting the hearing; providing that 28 there shall be no prosecution of a traffic infraction 29 based upon evidence from such device and a notice of 30 violation or citation based on such device is void 31 unless the device has passed specified accuracy test; 32 providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 316.0077, Florida Statutes, is created 37 to read: 38 316.0077 Unattended traffic law enforcement devices.— 39 (1)(a) Any traffic infraction detector or similar 40 unattended device used to enforce the traffic laws of this state 41 must be tested for accuracy at least once every 6 months. Such 42 accuracy test shall consist of, at a minimum: 43 1. The length of time a traffic control device monitored by 44 the detector or similar device exhibits a yellow signal, if 45 applicable. 46 2. The amount of time elapsed, in milliseconds, between the 47 alleged violation and the capturing of any photograph or video. 48 3. Real-time verification that the vehicle or device used 49 for the accuracy test provides a valid test of the response of 50 the traffic infraction detector or similar unattended device 51 used to enforce the traffic laws of this state to an actual 52 potential violator. 53 (b) Any traffic infraction detector or other unattended 54 device used to enforce the unlawful speed laws of this state is 55 also subject to s. 316.1905. 56 (2) The accuracy checks shall be random and unannounced and 57 conducted by a private company that does not have any interest 58 in the outcome of the accuracy check. A government agency or 59 company that gives away, leases, or sells traffic infraction 60 detectors or similar unattended devices used to enforce the 61 traffic laws of this state or any affiliate of such company may 62 not perform the accuracy check. Any company operating a traffic 63 infraction detector or similar unattended device used to enforce 64 the traffic laws of this state shall provide access and 65 cooperation for the accuracy check, shall pay the costs of the 66 accuracy check, and may not charge for access. 67 (3) A person engaged in the process of an accuracy check 68 does not commit a violation of this chapter unless the check is 69 conducted in a reckless manner. 70 (4) A government agency or a company that operates, gives 71 away, leases, or sells traffic infraction detectors or similar 72 unattended devices used to enforce the traffic laws of this 73 state and that violates this section shall pay a civil fine of 74 not less than $500 per incident to the person aggrieved. 75 Section 2. Subsection (6) of section 318.14, Florida 76 Statutes, is amended to read: 77 318.14 Noncriminal traffic infractions; exception; 78 procedures.— 79 (6)(a) The commission of a charged infraction at a hearing 80 under this chapter must be proved beyond a reasonable doubt. 81 (b) Notwithstanding any law to the contrary, in any hearing 82 of a charge of a noncriminal traffic infraction, the burden of 83 proving guilt rests upon the governmental entity bringing the 84 charge. A person appearing in any such hearing may not be 85 compelled to be a witness against himself or herself. 86 (c) Notwithstanding any law to the contrary, in any 87 prosecution involving a traffic infraction detector or similar 88 unattended device used to enforce traffic laws of this state, a 89 person so charged has the right to confront the witnesses 90 against him or her. Any evidence obtained from such device must 91 be authenticated in court by the person receiving or processing 92 such evidence, any person having reviewed such evidence in order 93 to make a decision to file a notice of violation, and any person 94 that issued the notice of violation or traffic citation. An 95 affidavit is not sufficient to authenticate such evidence, and 96 such evidence must be accounted for in writing from the time of 97 the alleged violation until the issuance of a notice of 98 violation or traffic citation. Compensation of any witness for 99 the prosecution shall be provided as required in s. 92.143. 100 (d) Notwithstanding any law to the contrary, a person 101 receiving a notice of violation involving a traffic infraction 102 detector or similar unattended device used to enforce traffic 103 laws of this state has the option of requesting a hearing or 104 paying a fine. If the person so charged requests a hearing, no 105 payment or fee may be required prior to conviction and no 106 further traffic citations may be issued to such person based on 107 the violation for which a hearing was requested. 108 (e) There shall be no prosecution of a charge for an 109 alleged violation based on evidence from a traffic infraction 110 detector or similar unattended device used to enforce traffic 111 laws of this state, and a notice of violation or citation based 112 on such device is void unless the device has passed the accuracy 113 test specified in s. 316.0077. 114 Section 3. This act shall take effect upon becoming a law.