Bill Text: FL S0588 | 2023 | Regular Session | Comm Sub
Bill Title: Enforcement of School Zone Speed Limits
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2023-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 657 (Ch. 2023-174) [S0588 Detail]
Download: Florida-2023-S0588-Comm_Sub.html
Florida Senate - 2023 CS for CS for CS for SB 588 By the Committee on Fiscal Policy; the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator Rodriguez 594-04313-23 2023588c3 1 A bill to be entitled 2 An act relating to enforcement of school zone speed 3 limits; amending s. 316.003, F.S.; revising the 4 definition of the term “local hearing officer”; 5 defining the term “speed detection system”; amending 6 s. 316.008, F.S.; authorizing a county or municipality 7 to enforce the speed limit in a school zone at 8 specified periods through the use of a speed detection 9 system; providing a rebuttable presumption; 10 authorizing a county or municipality to place or 11 install, or contract with a vendor to place or 12 install, a speed detection system in a school zone; 13 amending s. 316.0776, F.S.; specifying conditions for 14 the placement or installation of speed detection 15 systems; requiring the Department of Transportation to 16 establish certain specifications by a specified date; 17 requiring a county or municipality that installs a 18 speed detection system to provide certain notice to 19 the public; providing signage requirements; requiring 20 a county or municipality that has never conducted a 21 school zone speed detection system program to conduct 22 a public awareness campaign before commencing 23 enforcement using such system; limiting penalties in 24 effect during the public awareness campaign; providing 25 construction; creating s. 316.1894, F.S.; requiring a 26 law enforcement agency with jurisdiction over a county 27 or municipality conducting a school zone speed 28 detection system program to use certain funds to 29 administer the School Crossing Guard Recruitment and 30 Retention Program; providing purposes of the program; 31 requiring program design and management at the 32 discretion of the law enforcement agency; creating s. 33 316.1896, F.S.; authorizing a county or municipality 34 to authorize a traffic infraction enforcement officer 35 to issue uniform traffic citations for certain 36 violations; requiring that certain violations be 37 evidenced by a speed detection system; providing 38 construction; providing notice requirements and 39 procedures; authorizing a person who receives a notice 40 of violation to request a hearing within a specified 41 timeframe; defining the term “person”; providing for 42 waiver of challenge or dispute related to the delivery 43 of the notice of violation; requiring a county or 44 municipality to pay certain funds to the Department of 45 Revenue; providing for the distribution of funds; 46 providing requirements for issuance of a uniform 47 traffic citation; providing for waiver of challenge or 48 dispute related to the delivery of the uniform traffic 49 citation; providing notice requirements and 50 procedures; specifying that the registered owner of a 51 motor vehicle is responsible and liable for paying a 52 uniform traffic citation; providing exceptions; 53 requiring an owner of a motor vehicle to furnish an 54 affidavit under certain circumstances; specifying 55 requirements for such affidavit; requiring the county 56 or municipality to dismiss the notice or citation and 57 provide proof of such dismissal under certain 58 circumstances; requiring the county or municipality to 59 notify the registered owner that the notice or 60 citation will not be dismissed under certain 61 circumstances; authorizing the county or municipality 62 to issue a certain person a notification of violation; 63 providing that the affidavit is admissible in a 64 proceeding for the purpose of proving who was 65 operating the motor vehicle at the time of the 66 violation; providing that the owner of a leased 67 vehicle is not responsible for paying a traffic 68 citation or submitting an affidavit; specifying a 69 timeframe for a county or a municipality to issue a 70 notification under certain circumstances; requiring 71 certain persons to issue an affidavit; providing a 72 criminal penalty for submitting a false affidavit; 73 providing that certain photographs or video and 74 evidence of speed are admissible in certain 75 proceedings; providing a rebuttable presumption; 76 providing construction; providing requirements and 77 procedures for hearings; specifying requirements of 78 and prohibitions on the use of recorded video and 79 photographs captured by a speed detection system; 80 requiring municipalities and counties to submit a 81 report to the Department of Highway Safety and Motor 82 Vehicles in a form and manner specified by the 83 department; requiring counties and municipalities to 84 retain certain records for a specified timeframe; 85 requiring the department to submit a summary report to 86 the Governor and Legislature; amending s. 316.1906, 87 F.S.; revising the definition of the term “officer”; 88 exempting a speed detection system from the design 89 requirements for radar units; providing self-test 90 requirements for speed detection systems; requiring a 91 law enforcement agency operating a speed detection 92 system to maintain a log of results of the system’s 93 self-tests and to perform independent calibration 94 tests of such systems; providing for the admissibility 95 of certain evidence in certain proceedings; amending 96 s. 318.18, F.S.; providing a civil penalty for a speed 97 limit violation in a school zone; providing for 98 distribution of certain fines; providing conditions 99 under which a case may be dismissed; amending s. 100 322.27, F.S.; prohibiting points from being imposed 101 against a driver license for certain infractions 102 enforced by a traffic infraction enforcement officer; 103 prohibiting such infractions from being used to set 104 motor vehicle insurance rates; amending s. 316.306, 105 F.S.; conforming a cross-reference; amending s. 106 316.640, F.S.; conforming a provision to changes made 107 by the act; amending s. 316.650, F.S.; conforming 108 provisions to changes made by the act; requiring the 109 chief administrative officer and the traffic 110 infraction enforcement officer to provide certain data 111 within 5 business days; amending ss. 318.14, 318.21, 112 and 655.960, F.S.; conforming cross-references and 113 provisions to changes made by the act; providing an 114 effective date. 115 116 Be It Enacted by the Legislature of the State of Florida: 117 118 Section 1. Present subsections (82) through (109) of 119 section 316.003, Florida Statutes, are redesignated as 120 subsections (83) through (110), respectively, a new subsection 121 (82) is added to that section, and subsections (38) and (64) of 122 that section are amended, to read: 123 316.003 Definitions.—The following words and phrases, when 124 used in this chapter, shall have the meanings respectively 125 ascribed to them in this section, except where the context 126 otherwise requires: 127 (38) LOCAL HEARING OFFICER.—The person, designated by a 128 department, county, or municipality that elects to authorize 129 traffic infraction enforcement officers to issue traffic 130 citations under ss. 316.0083(1)(a) and 316.1896(1)s.131316.0083(1)(a), who is authorized to conduct hearings related to 132 a notice of violation issued pursuant to s. 316.0083 or s. 133 316.1896. The charter county, noncharter county, or municipality 134 may use its currently appointed code enforcement board or 135 special magistrate to serve as the local hearing officer. The 136 department may enter into an interlocal agreement to use the 137 local hearing officer of a county or municipality. 138 (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided 139 in paragraph (88)(b)(87)(b), any privately owned way or place 140 used for vehicular travel by the owner and those having express 141 or implied permission from the owner, but not by other persons. 142 (82) SPEED DETECTION SYSTEM.—A portable or fixed automated 143 system used to detect a motor vehicle’s speed using radar or 144 lidar and to capture a photograph or video of the rear of a 145 motor vehicle that exceeds the speed limit in force at the time 146 of the violation. 147 Section 2. Subsection (9) is added to section 316.008, 148 Florida Statutes, to read: 149 316.008 Powers of local authorities.— 150 (9)(a) A county or municipality may enforce the applicable 151 speed limit on a roadway properly maintained as a school zone 152 pursuant to s. 316.1895: 153 1. Within 30 minutes before through 30 minutes after the 154 start of a regularly scheduled breakfast program; 155 2. Within 30 minutes before through 30 minutes after the 156 start of a regularly scheduled school session; 157 3. During the entirety of a regularly scheduled school 158 session; and 159 4. Within 30 minutes before through 30 minutes after the 160 end of a regularly scheduled school session 161 162 through the use of a speed detection system for the detection of 163 speed and capturing of photographs or videos for violations in 164 excess of 10 miles per hour over the speed limit in force at the 165 time of the violation. A school zone’s compliance with s. 166 316.1895 creates a rebuttable presumption that the school zone 167 is properly maintained. 168 (b) A county or municipality may place or install, or 169 contract with a vendor to place or install, a speed detection 170 system within a roadway maintained as a school zone as provided 171 in s. 316.1895 to enforce unlawful speed violations, as 172 specified in s. 316.183 or s. 316.1895(10), on that roadway. 173 Section 3. Subsection (3) is added to section 316.0776, 174 Florida Statutes, to read: 175 316.0776 Traffic infraction detectors; speed detection 176 systems; placement and installation.— 177 (3) A speed detection system authorized by s. 316.008(9) 178 may be placed or installed in a school zone on a state road when 179 permitted by the Department of Transportation and in accordance 180 with placement and installation specifications developed by the 181 Department of Transportation. The speed detection system may be 182 placed or installed in a school zone on a street or highway 183 under the jurisdiction of a county or a municipality in 184 accordance with placement and installation specifications 185 established by the Department of Transportation. The Department 186 of Transportation shall establish such placement and 187 installation specifications by December 31, 2023. 188 (a) If a county or municipality places or installs a speed 189 detection system as authorized by s. 316.008(9), the county or 190 municipality must notify the public that a speed detection 191 system may be in use by posting signage indicating photographic 192 or video enforcement of the school zone speed limits. Such 193 signage must clearly designate the time period during which the 194 school zone speed limits are enforced using a speed detection 195 system and must meet the placement and installation 196 specifications established by the Department of Transportation. 197 For a speed detection system enforcing violations of s. 316.183 198 or s. 316.1895 on a roadway maintained as a school zone, this 199 paragraph governs the signage notifying the public of the use of 200 a speed detection system. 201 (b) If a county or municipality begins a school zone speed 202 detection system program in a county or municipality that has 203 never conducted such a program, the respective county or 204 municipality must make a public announcement and conduct a 205 public awareness campaign of the proposed use of speed detection 206 systems at least 30 days before commencing enforcement under the 207 speed detection system program and must notify the public of the 208 specific date on which the program will commence. During the 30 209 day public awareness campaign, only a warning may be issued to 210 the registered owner of a motor vehicle for a violation of s. 211 316.183 or s. 316.1895 enforced by a speed detection system, and 212 liability may not be imposed for the civil penalty under s. 213 318.18(3)(d). 214 Section 4. Section 316.1894, Florida Statutes, is created 215 to read: 216 316.1894 School Crossing Guard Recruitment and Retention 217 Program.—The law enforcement agency having jurisdiction over a 218 county or municipality conducting a school zone speed detection 219 system program authorized by s. 316.008(9) shall use funds 220 generated pursuant to s. 316.1896(5)(e) from the school zone 221 speed detection system program to administer the School Crossing 222 Guard Recruitment and Retention Program. Such program may 223 provide recruitment and retention stipends to crossing guards at 224 K-12 public schools, including charter schools, or stipends to 225 third parties for the recruitment of new crossing guards. The 226 School Crossing Guard Recruitment and Retention Program must be 227 designed and managed at the discretion of the law enforcement 228 agency. 229 Section 5. Section 316.1896, Florida Statutes, is created 230 to read: 231 316.1896 Roadways maintained as school zones; speed 232 detection system enforcement; penalties; appeal procedure; 233 privacy; reports.— 234 (1) For purposes of administering this section, a county or 235 municipality may authorize a traffic infraction enforcement 236 officer under s. 316.640 to issue uniform traffic citations for 237 violations of ss. 316.183 and 316.1895, as authorized by s. 238 316.008(9), for the following: 239 (a) A violation of s. 316.1895 in excess of 10 miles per 240 hour over the school zone speed limit which occurs within 30 241 minutes before through 30 minutes after the start of a regularly 242 scheduled breakfast program. 243 (b) A violation of s. 316.1895 in excess of 10 miles per 244 hour over the school zone speed limit which occurs within 30 245 minutes before through 30 minutes after the start of a regularly 246 scheduled school session. 247 (c) A violation of s. 316.183 in excess of 10 miles per 248 hour over the posted speed limit during the entirety of a 249 regularly scheduled school session. 250 (d) A violation of s. 316.1895 in excess of 10 miles per 251 hour over the school zone speed limit which occurs within 30 252 minutes before through 30 minutes after the end of a regularly 253 scheduled school session. 254 255 Such violation must be evidenced by a speed detection system 256 described in ss. 316.008(9) and 316.0776(3). This subsection 257 does not prohibit a review of information from a speed detection 258 system by an authorized employee or agent of a county or 259 municipality before issuance of the uniform traffic citation by 260 the traffic infraction enforcement officer. This subsection does 261 not prohibit a county or municipality from issuing notices as 262 provided in subsection (2) to the registered owner of the motor 263 vehicle for a violation of s. 316.183 or s. 316.1895. 264 (2) Within 30 days after a violation, notice must be sent 265 to the registered owner of the motor vehicle involved in the 266 violation specifying the remedies available under s. 318.14 and 267 that the violator must pay the penalty under s. 318.18(3)(d) to 268 the county or municipality, or furnish an affidavit in 269 accordance with subsection (8), within 30 days after the date of 270 the notice of violation in order to avoid court fees, costs, and 271 the issuance of a uniform traffic citation. The notice of 272 violation must: 273 (a) Be sent by first-class mail. 274 (b) Include a photograph or other recorded image showing 275 the license plate of the motor vehicle; the date, time, and 276 location of the violation; the maximum speed at which the motor 277 vehicle was traveling within the school zone; and the speed 278 limit within the school zone at the time of the violation. 279 (c) Include a notice that the owner has the right to 280 review, in person or remotely, the photograph or video captured 281 by the speed detection system and the evidence of the speed of 282 the motor vehicle detected by the speed detection system which 283 constitute a rebuttable presumption that the motor vehicle was 284 used in violation of s. s. 316.183 or s. 316.1895. 285 (d) State the time when, and the place or website at which, 286 the photograph or video captured and evidence of speed detected 287 may be examined and observed. 288 (3) Notwithstanding any other law, a person who receives a 289 notice of violation under this section may request a hearing 290 within 30 days after the notice of violation or may pay the 291 penalty pursuant to the notice of violation, but a payment or 292 fee may not be required before the hearing requested by the 293 person. The notice of violation must be accompanied by, or 294 direct the person to a website that provides, information on the 295 person’s right to request a hearing and on all costs related 296 thereto and a form used for requesting a hearing. As used in 297 this subsection, the term “person” means a natural person, the 298 registered owner or co-owner of a motor vehicle, or the person 299 identified in an affidavit as having actual care, custody, or 300 control of the motor vehicle at the time of the violation. 301 (4) If the registered owner or co-owner of the motor 302 vehicle; the person identified as having care, custody, or 303 control of the motor vehicle at the time of the violation; or an 304 authorized representative of the owner, co-owner, or identified 305 person initiates a proceeding to challenge the violation, such 306 person waives any challenge or dispute as to the delivery of the 307 notice of violation. 308 (5) Penalties assessed and collected by the county or 309 municipality authorized to collect the funds provided for in 310 this section, less the amount retained by the county or 311 municipality pursuant to paragraphs (b) and (e) and the amount 312 remitted to the county school district pursuant to paragraph 313 (d), must be paid weekly to the Department of Revenue. Such 314 payment must be made by means of electronic funds transfer. In 315 addition to the payment, a detailed summary of the penalties 316 remitted must be reported to the Department of Revenue. 317 Penalties to be assessed and collected by the county or 318 municipality as established in s. 318.18(3)(d) must be remitted 319 as follows: 320 (a) Twenty dollars must be remitted to the Department of 321 Revenue for deposit into the General Revenue Fund. 322 (b) Sixty dollars must be retained by the county or 323 municipality and must be used to administer speed detection 324 systems in school zones and other public safety initiatives. 325 (c) Three dollars must be remitted to the Department of 326 Revenue for deposit into the Department of Law Enforcement 327 Criminal Justice Standards and Training Trust Fund. 328 (d) Twelve dollars must be remitted to the county school 329 district in which the violation occurred and must be used for 330 school security initiatives, for student transportation, or to 331 improve the safety of student walking conditions. Funds remitted 332 under this paragraph must be shared with charter schools in the 333 district based on each charter school’s proportionate share of 334 the district’s total unweighted full-time equivalent student 335 enrollment and must be used for school security initiatives or 336 to improve the safety of student walking conditions. 337 (e) Five dollars must be retained by the county or 338 municipality for the School Crossing Guard Recruitment and 339 Retention Program pursuant to s. 316.1894. 340 (6) A uniform traffic citation must be issued by mailing 341 the uniform traffic citation by certified mail to the address of 342 the registered owner of the motor vehicle involved in the 343 violation if payment has not been made within 30 days after 344 notification under subsection (2), if the registered owner has 345 not requested a hearing as authorized under subsection (3), and 346 if the registered owner has not submitted an affidavit in 347 accordance with subsection (8). 348 (a) Delivery of the uniform traffic citation constitutes 349 notification of a violation under this subsection. If the 350 registered owner or co-owner of the motor vehicle; the person 351 identified as having care, custody, or control of the motor 352 vehicle at the time of the violation; or a duly authorized 353 representative of the owner, co-owner, or identified person 354 initiates a proceeding to challenge the citation pursuant to 355 this section, such person waives any challenge or dispute as to 356 the delivery of the uniform traffic citation. 357 (b) In the case of joint ownership of a motor vehicle, the 358 uniform traffic citation must be mailed to the first name 359 appearing on the motor vehicle registration, unless the first 360 name appearing on the registration is a business organization, 361 in which case the second name appearing on the registration may 362 be used. 363 (c) The uniform traffic citation mailed to the registered 364 owner of the motor vehicle involved in the infraction must be 365 accompanied by the information described in paragraphs (2)(b), 366 (c), and (d). 367 (7) The registered owner of the motor vehicle involved in 368 the violation is responsible and liable for paying the uniform 369 traffic citation issued for a violation of s. 316.183 or s. 370 316.1895 unless the owner can establish that: 371 (a) At the time of the violation, the motor vehicle was in 372 the care, custody, or control of another person; 373 (b) A uniform traffic citation was issued by law 374 enforcement to the driver of the motor vehicle for the alleged 375 violation of s. 316.183 or s. 316.1895; or 376 (c) The motor vehicle’s registered owner was deceased on or 377 before the date of the alleged violation, as established by an 378 affidavit submitted by the representative of the motor vehicle 379 owner’s estate or other identified person or family member. 380 (8) To establish such facts under subsection (7), the 381 registered owner of the motor vehicle must, within 30 days after 382 the date of issuance of the notice of violation or the uniform 383 traffic citation, furnish to the appropriate governmental entity 384 an affidavit setting forth information supporting an exception 385 under subsection (7). 386 (a) An affidavit supporting the exception under paragraph 387 (7)(a) must include the name, address, date of birth, and, if 388 known, the driver license number of the person who leased, 389 rented, or otherwise had care, custody, or control of the motor 390 vehicle at the time of the alleged violation. If the motor 391 vehicle was stolen at the time of the alleged violation, the 392 affidavit must include the police report indicating that the 393 motor vehicle was stolen. 394 (b) If a uniform traffic citation for a violation of s. 395 316.183 or s. 316.1895 was issued at the location of the 396 violation by a law enforcement officer, the affidavit must 397 include the serial number of the uniform traffic citation. 398 (c) If the motor vehicle’s owner to whom a notice of 399 violation or a uniform traffic citation has been issued is 400 deceased, the affidavit must include a certified copy of the 401 owner’s death certificate showing that the date of death 402 occurred on or before the date of the alleged violation and any 403 of the following: 404 1. A bill of sale or other document showing that the 405 deceased owner’s motor vehicle was sold or transferred after his 406 or her death but on or before the date of the alleged violation. 407 2. Documented proof that the registered license plate 408 belonging to the deceased owner’s motor vehicle was returned to 409 the department or any branch office or authorized agent of the 410 department after his or her death but on or before the date of 411 the alleged violation. 412 3. A copy of the police report showing that the deceased 413 owner’s registered license plate or motor vehicle was stolen 414 after his or her death but on or before the date of the alleged 415 violation. 416 417 Upon receipt of the affidavit and documentation required under 418 paragraphs (b) and (c), or 30 days after the date of issuance of 419 a notice of violation sent to a person identified as having 420 care, custody, or control of the motor vehicle at the time of 421 the violation under paragraph (a), the county or municipality 422 must dismiss the notice or citation and provide proof of such 423 dismissal to the person who submitted the affidavit. If, within 424 30 days after the date of a notice of violation sent to a person 425 under subsection (9), the county or municipality receives an 426 affidavit under subsection (10) from the person sent a notice of 427 violation affirming that the person did not have care, custody, 428 or control of the motor vehicle at the time of the violation, 429 the county or municipality must notify the registered owner that 430 the notice or citation will not be dismissed due to failure to 431 establish that another person had care, custody, or control of 432 the motor vehicle at the time of the violation. 433 (9) Upon receipt of an affidavit under paragraph (8)(a), 434 the county or municipality may issue the person identified as 435 having care, custody, or control of the motor vehicle at the 436 time of the violation a notice of violation pursuant to 437 subsection (2) for a violation of s. 316.183 or s. 316.1895. The 438 affidavit is admissible in a proceeding pursuant to this section 439 for the purpose of providing evidence that the person identified 440 in the affidavit was in actual care, custody, or control of the 441 motor vehicle. The owner of a leased motor vehicle for which a 442 uniform traffic citation is issued for a violation of s. 316.183 443 or s. 316.1895 is not responsible for paying the uniform traffic 444 citation and is not required to submit an affidavit as specified 445 in subsection (8) if the motor vehicle involved in the violation 446 is registered in the name of the lessee. 447 (10) If a county or municipality receives an affidavit 448 under paragraph (8)(a), the notice of violation required under 449 subsection (2) must be sent to the person identified in the 450 affidavit within 30 days after receipt of the affidavit. The 451 person identified in an affidavit and sent a notice of violation 452 may also affirm that he or she did not have care, custody, or 453 control of the motor vehicle at the time of the violation by 454 furnishing to the appropriate governmental entity within 30 days 455 after the date of the notice of violation an affidavit stating 456 such. 457 (11) The submission of a false affidavit is a misdemeanor 458 of the second degree, punishable as provided in s. 775.082 or s. 459 775.083. 460 (12) The photograph or video captured by a speed detection 461 system and the evidence of the speed of the motor vehicle 462 detected by a speed detection system which are attached to or 463 referenced in the uniform traffic citation are evidence of a 464 violation of s. 316.183 or s. 316.1895 and are admissible in any 465 proceeding to enforce this section. The photograph or video and 466 the evidence of speed detected raise a rebuttable presumption 467 that the motor vehicle named in the report or shown in the 468 photograph or video was used in violation of s. 316.183 or s. 469 316.1895. 470 (13) This section supplements the enforcement of ss. 471 316.183 and 316.1895 by a law enforcement officer and does not 472 prohibit a law enforcement officer from issuing a uniform 473 traffic citation for a violation of s. 316.183 or s. 316.1895. 474 (14) A hearing under this section must be conducted under 475 the procedures established by s. 316.0083(5) and as follows: 476 (a) The department shall publish and make available 477 electronically to each county and municipality a model request 478 for hearing form to assist each county or municipality 479 administering this section. 480 (b) A county or municipality electing to authorize traffic 481 infraction enforcement officers to issue uniform traffic 482 citations under subsection (6) must designate by resolution 483 existing staff to serve as the clerk to the local hearing 484 officer. 485 (c) A person, referred to in this subsection as the 486 “petitioner,” who elects to request a hearing under subsection 487 (3) must be scheduled for a hearing by the clerk to the local 488 hearing officer. The clerk must furnish the petitioner with 489 notice sent by first-class mail. Upon receipt of the notice, the 490 petitioner may reschedule the hearing up to two times by 491 submitting a written request to reschedule to the clerk at least 492 5 calendar days before the day of the scheduled hearing. The 493 petitioner may cancel his or her appearance before the local 494 hearing officer by paying the penalty assessed under subsection 495 (2), plus the administrative costs established in s. 496 316.0083(5)(c), before the start of the hearing. 497 (d) All testimony at the hearing must be under oath and 498 must be recorded. The local hearing officer shall take testimony 499 from a traffic infraction enforcement officer and the petitioner 500 and may take testimony from others. The local hearing officer 501 shall review the photograph or video captured by the speed 502 detection system and the evidence of the speed of the motor 503 vehicle detected by the speed detection system made available 504 under paragraph (2)(b). Formal rules of evidence do not apply, 505 but due process must be observed and must govern the 506 proceedings. 507 (e) At the conclusion of the hearing, the local hearing 508 officer shall determine whether a violation under this section 509 occurred and must uphold or dismiss the violation. The local 510 hearing officer shall issue a final administrative order 511 including the determination and, if the notice of violation is 512 upheld, must require the petitioner to pay the penalty 513 previously assessed under subsection (2), and may also require 514 the petitioner to pay county or municipal costs not to exceed 515 the amount established in s. 316.0083(5)(e). The final 516 administrative order must be mailed to the petitioner by first 517 class mail. 518 (f) An aggrieved party may appeal a final administrative 519 order consistent with the process provided in s. 162.11. 520 (15)(a) A speed detection system in a school zone may not 521 be used for remote surveillance. The collection of evidence by a 522 speed detection system to enforce violations of ss. 316.183 and 523 316.1895, or user-controlled pan or tilt adjustments of speed 524 detection system components, do not constitute remote 525 surveillance. Recorded video or photographs collected as part of 526 a speed detection system in a school zone may only be used to 527 document violations of ss. 316.183 and 316.1895 and for purposes 528 of determining criminal or civil liability for incidents 529 captured by the speed detection system incidental to the 530 permissible use of the speed detection system. 531 (b) Any recorded video or photograph obtained through the 532 use of a speed detection system must be destroyed within 90 days 533 after the final disposition of the recorded event. The vendor of 534 a speed detection system shall provide the county or 535 municipality with written notice by December 31 of each year 536 that such records have been destroyed in accordance with this 537 subsection. 538 (c) Notwithstanding any other law, registered motor vehicle 539 owner information obtained as a result of the operation of a 540 speed detection system in a school zone is not the property of 541 the manufacturer or vendor of the speed detection system and may 542 be used only for the purposes of this section. 543 (16)(a) Each county or municipality that operates a speed 544 detection system in a school zone must submit a report by 545 October 1, 2024, and annually thereafter, to the department 546 which details the results of the speed detection system in the 547 school zone and the procedures for enforcement. The information 548 from counties and municipalities must be submitted in a form and 549 manner determined by the department, which the department must 550 make available to the counties and municipalities by August 1, 551 2023, and the department may require data components to be 552 submitted quarterly. The report must include at least the 553 following: 554 1. Information related to the location of each speed 555 detection system, including the geocoordinates of the school 556 zone, the directional approach of the speed detection system, 557 the school name, the school level, the times the speed detection 558 system was active, the restricted school zone speed limit 559 enforced pursuant to s. 316.1895(5), the posted speed limit 560 enforced at times other than those authorized by s. 316.1895(5), 561 the date the systems were activated to enforce violations of ss. 562 316.183 and 316.1895, and, if applicable, the date the systems 563 were deactivated. 564 2. The number of notices of violation issued, the number 565 that were contested, the number that were upheld, the number 566 that were dismissed, the number that were issued as uniform 567 traffic citations, and the number that were paid. 568 3. Any other statistical data and information related to 569 the procedures for enforcement required by the department to 570 complete the report required under paragraph (c). 571 (b) Each county or municipality that operates a speed 572 detection system is responsible for and must maintain its 573 respective data for reporting purposes under this subsection for 574 at least 2 years after such data is reported to the department. 575 (c) On or before December 31, 2024, and annually 576 thereafter, the department shall submit a summary report to the 577 Governor, the President of the Senate, and the Speaker of the 578 House of Representatives regarding the use of speed detection 579 systems under this section, along with any legislative 580 recommendations from the department. The summary report must 581 include a review of the information submitted to the department 582 by the counties and municipalities and must describe the 583 enhancement of safety and enforcement programs. 584 Section 6. Paragraph (d) of subsection (1) of section 585 316.1906, Florida Statutes, is amended, and subsection (3) is 586 added to that section, to read: 587 316.1906 Radar speed-measuring devices; speed detection 588 systems; evidence, admissibility.— 589 (1) DEFINITIONS.— 590 (d) “Officer” means any: 591 1. “Law enforcement officer” who is elected, appointed, or 592 employed full time by any municipality or the state or any 593 political subdivision thereof; who is vested with the authority 594 to bear arms and make arrests; and whose primary responsibility 595 is the prevention and detection of crime or the enforcement of 596 the penal, criminal, traffic, or highway laws of the state; 597 2. “Part-time law enforcement officer” who is employed or 598 appointed less than full time, as defined by an employing 599 agency, with or without compensation; who is vested with 600 authority to bear arms and make arrests; and whose primary 601 responsibility is the prevention and detection of crime or the 602 enforcement of the penal, criminal, traffic, or highway laws of 603 the state;or604 3. “Auxiliary law enforcement officer” who is employed or 605 appointed, with or without compensation; who aids or assists a 606 full-time or part-time law enforcement officer; and who, while 607 under the direct supervision of a full-time or part-time law 608 enforcement officer, has the authority to arrest and perform law 609 enforcement functions; or 610 4. “Traffic infraction enforcement officer” who is employed 611 or appointed, with or without compensation, and satisfies the 612 requirements of s. 316.640(5) and is vested with authority to 613 enforce violations of ss. 316.183 and 316.1895 pursuant to s. 614 316.1896. 615 (3) A speed detection system is exempt from the design 616 requirements for radar or lidar units established by the 617 department. A speed detection system must have the ability to 618 perform self-tests as to its detection accuracy. The system must 619 perform a self-test at least once every 30 days. The law 620 enforcement agency, or an agent acting on behalf of the law 621 enforcement agency, operating a speed detection system shall 622 maintain a log of the results of the system’s self-tests. The 623 law enforcement agency or an agent acting on behalf of the law 624 enforcement agency operating a speed detection system shall also 625 perform an independent calibration test on the speed detection 626 system at least once every 12 months. The self-test logs, as 627 well as the results of the annual calibration test, are 628 admissible in any court proceeding for a uniform traffic 629 citation issued for a violation of s. 316.183 or s. 316.1895 630 enforced pursuant to s. 316.1896. Notwithstanding subsection 631 (2), evidence of the speed of a motor vehicle detected by a 632 speed detection system compliant with this subsection and the 633 determination by a traffic enforcement officer that a motor 634 vehicle is operating in excess of the applicable speed limit is 635 admissible in any proceeding with respect to an alleged 636 violation of law regulating the speed of motor vehicles in 637 school zones. 638 Section 7. Paragraphs (d) through (h) of subsection (3) of 639 section 318.18, Florida Statutes, are redesignated as paragraphs 640 (e) through (i), respectively, and a new paragraph (d) is added 641 to that subsection to read: 642 318.18 Amount of penalties.—The penalties required for a 643 noncriminal disposition pursuant to s. 318.14 or a criminal 644 offense listed in s. 318.17 are as follows: 645 (3) 646 (d)1. Notwithstanding paragraphs (b) and (c), a person 647 cited for a violation of s. 316.183 or s. 316.1895(10) for 648 exceeding the speed limit in force at the time of the violation 649 on a roadway maintained as a school zone as provided in s. 650 316.1895, when enforced by a traffic infraction enforcement 651 officer pursuant to s. 316.1896, must pay a fine of $100. Fines 652 collected under this paragraph must be distributed as follows: 653 a. Twenty dollars must be remitted to the Department of 654 Revenue for deposit into the General Revenue Fund. 655 b. Seventy-seven dollars must be distributed to the county 656 for any violations occurring in any unincorporated areas of the 657 county or to the municipality for any violations occurring in 658 the incorporated boundaries of the municipality in which the 659 infraction occurred, to be used as provided in s. 316.1896(5). 660 c. Three dollars must be remitted to the Department of 661 Revenue for deposit into the Department of Law Enforcement 662 Criminal Justice Standards and Training Trust Fund to be used as 663 provided in s. 943.25. 664 2. If a person who is mailed a notice of violation or a 665 uniform traffic citation for a violation of s. 316.183 or s. 666 316.1895(10), as enforced by a traffic infraction enforcement 667 officer under s. 316.1896, presents documentation from the 668 appropriate governmental entity that the notice of violation or 669 uniform traffic citation was in error, the clerk of the court or 670 clerk to the local hearing officer may dismiss the case. The 671 clerk of the court or clerk to the local hearing officer may not 672 charge for this service. 673 Section 8. Paragraph (d) of subsection (3) of section 674 322.27, Florida Statutes, is amended to read: 675 322.27 Authority of department to suspend or revoke driver 676 license or identification card.— 677 (3) There is established a point system for evaluation of 678 convictions of violations of motor vehicle laws or ordinances, 679 and violations of applicable provisions of s. 403.413(6)(b) when 680 such violations involve the use of motor vehicles, for the 681 determination of the continuing qualification of any person to 682 operate a motor vehicle. The department is authorized to suspend 683 the license of any person upon showing of its records or other 684 good and sufficient evidence that the licensee has been 685 convicted of violation of motor vehicle laws or ordinances, or 686 applicable provisions of s. 403.413(6)(b), amounting to 12 or 687 more points as determined by the point system. The suspension 688 shall be for a period of not more than 1 year. 689 (d) The point system hasshall haveas its basic element a 690 graduated scale of points assigning relative values to 691 convictions of the following violations: 692 1. Reckless driving, willful and wanton—4 points. 693 2. Leaving the scene of a crash resulting in property 694 damage of more than $50—6 points. 695 3. Unlawful speed, or unlawful use of a wireless 696 communications device, resulting in a crash—6 points. 697 4. Passing a stopped school bus: 698 a. Not causing or resulting in serious bodily injury to or 699 death of another—4 points. 700 b. Causing or resulting in serious bodily injury to or 701 death of another—6 points. 702 5. Unlawful speed: 703 a. Not in excess of 15 miles per hour of lawful or posted 704 speed—3 points. 705 b. In excess of 15 miles per hour of lawful or posted 706 speed—4 points. 707 c. Points may not be imposed for a violation of unlawful 708 speed as provided in s. 316.183 or s. 316.1895 when enforced by 709 a traffic infraction enforcement officer pursuant to s. 710 316.1896. In addition, a violation of s. 316.183 or 316.1895 711 when enforced by a traffic infraction enforcement officer 712 pursuant to s. 316.1896 may not be used for purposes of setting 713 motor vehicle insurance rates. 714 6. A violation of a traffic control signal device as 715 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 716 However, no points shall be imposed for a violation of s. 717 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 718 stop at a traffic signal and when enforced by a traffic 719 infraction enforcement officer. In addition, a violation of s. 720 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 721 stop at a traffic signal and when enforced by a traffic 722 infraction enforcement officer may not be used for purposes of 723 setting motor vehicle insurance rates. 724 7. All other moving violations (including parking on a 725 highway outside the limits of a municipality)—3 points. However, 726 no points shall be imposed for a violation of s. 316.0741 or s. 727 316.2065(11); and points shall be imposed for a violation of s. 728 316.1001 only when imposed by the court after a hearing pursuant 729 to s. 318.14(5). 730 8. Any moving violation covered in this paragraph, 731 excluding unlawful speed and unlawful use of a wireless 732 communications device, resulting in a crash—4 points. 733 9. Any conviction under s. 403.413(6)(b)—3 points. 734 10. Any conviction under s. 316.0775(2)—4 points. 735 11. A moving violation covered in this paragraph which is 736 committed in conjunction with the unlawful use of a wireless 737 communications device within a school safety zone—2 points, in 738 addition to the points assigned for the moving violation. 739 Section 9. Paragraph (a) of subsection (3) of section 740 316.306, Florida Statutes, is amended to read: 741 316.306 School and work zones; prohibition on the use of a 742 wireless communications device in a handheld manner.— 743 (3)(a)1. A person may not operate a motor vehicle while 744 using a wireless communications device in a handheld manner in a 745 designated school crossing, school zone, or work zone area as 746 defined in s. 316.003(110)s. 316.003(109). This subparagraph is 747shallonlybeapplicable to work zone areas if construction 748 personnel are present or are operating equipment on the road or 749 immediately adjacent to the work zone area. For the purposes of 750 this paragraph, a motor vehicle that is stationary is not being 751 operated and is not subject to the prohibition in this 752 paragraph. 753 2. Effective January 1, 2020, a law enforcement officer may 754 stop motor vehicles and issue citations to persons who are 755 driving while using a wireless communications device in a 756 handheld manner in violation of subparagraph 1. 757 Section 10. Paragraph (a) of subsection (5) of section 758 316.640, Florida Statutes, is amended to read: 759 316.640 Enforcement.—The enforcement of the traffic laws of 760 this state is vested as follows: 761 (5)(a) Any sheriff’s department or police department of a 762 municipality may employ, as a traffic infraction enforcement 763 officer, any individual who successfully completes instruction 764 in traffic enforcement procedures and court presentation through 765 the Selective Traffic Enforcement Program as approved by the 766 Division of Criminal Justice Standards and Training of the 767 Department of Law Enforcement, or through a similar program, but 768 who does not necessarily otherwise meet the uniform minimum 769 standards established by the Criminal Justice Standards and 770 Training Commission for law enforcement officers or auxiliary 771 law enforcement officers under s. 943.13. Any such traffic 772 infraction enforcement officer who observes the commission of a 773 traffic infraction or, in the case of a parking infraction, who 774 observes an illegally parked vehicle may issue a traffic 775 citation for the infraction when, based upon personal 776 investigation, he or she has reasonable and probable grounds to 777 believe that an offense has been committed which constitutes a 778 noncriminal traffic infraction as defined in s. 318.14. In 779 addition, any such traffic infraction enforcement officer may 780 issue a traffic citation under s. 316.0083 or s. 316.1896. For 781 purposes of enforcing s. 316.0083 or s. 316.1895, any sheriff’s 782 department or police department of a municipality may designate 783 employees as traffic infraction enforcement officers. The 784 traffic infraction enforcement officers must be physically 785 located in the county of the respective sheriff’s or police 786 department. 787 Section 11. Paragraphs (a) and (c) of subsection (3) of 788 section 316.650, Florida Statutes, are amended to read: 789 316.650 Traffic citations.— 790 (3)(a) Except for a traffic citation issued pursuant to s. 791 316.0083, s. 316.1001, or s. 316.1896or s. 316.0083, each 792 traffic enforcement officer, upon issuing a traffic citation to 793 an alleged violator of any provision of the motor vehicle laws 794 of this state or of any traffic ordinance of any municipality or 795 town, shall deposit the original traffic citation or, in the 796 case of a traffic enforcement agency that has an automated 797 citation issuance system, the chief administrative officer shall 798 provide by an electronic transmission a replica of the citation 799 data to a court having jurisdiction over the alleged offense or 800 with its traffic violations bureau within 5 business days after 801 issuance to the violator. 802 (c) If a traffic citation is issued under s. 316.0083 or s. 803 316.1896, the traffic infraction enforcement officer mustshall804 provide by electronic transmission a replica of the traffic 805 citation data to the court having jurisdiction over the alleged 806 offense or its traffic violations bureau within 5 business days 807 after the date of issuance of the traffic citation to the 808 violator. If a hearing is requested, the traffic infraction 809 enforcement officer mustshallprovide a replica of the traffic 810 notice of violation data to the clerk for the local hearing 811 officer having jurisdiction over the alleged offense within 14 812 days. 813 Section 12. Subsection (2) of section 318.14, Florida 814 Statutes, is amended to read: 815 318.14 Noncriminal traffic infractions; exception; 816 procedures.— 817 (2) Except as provided in ss. 316.0083, 316.1001(2), and 818 316.1896and316.0083, any person cited for a violation 819 requiring a mandatory hearing listed in s. 318.19 or any other 820 criminal traffic violation listed in chapter 316 must sign and 821 accept a citation indicating a promise to appear. The officer 822 may indicate on the traffic citation the time and location of 823 the scheduled hearing and must indicate the applicable civil 824 penalty established in s. 318.18. For all other infractions 825 under this section, except for infractions under s. 316.1001, 826 the officer must certify by electronic, electronic facsimile, or 827 written signature that the citation was delivered to the person 828 cited. This certification is prima facie evidence that the 829 person cited was served with the citation. 830 Section 13. Subsections (4), (5), and (15) of section 831 318.21, Florida Statutes, are amended to read: 832 318.21 Disposition of civil penalties by county courts.—All 833 civil penalties received by a county court pursuant to the 834 provisions of this chapter shall be distributed and paid monthly 835 as follows: 836 (4) Of the additional fine assessed under s. 318.18(3)(g) 837s. 318.18(3)(f)for a violation of s. 316.1301, 40 percent must 838 be remitted to the Department of Revenue for deposit in the 839 Grants and Donations Trust Fund of the Division of Blind 840 Services of the Department of Education, and 60 percent must be 841 distributed pursuant to subsections (1) and (2). 842 (5) Of the additional fine assessed under s. 318.18(3)(g) 843s. 318.18(3)(f)for a violation of s. 316.1303(1), 60 percent 844 must be remitted to the Department of Revenue for deposit in the 845 Grants and Donations Trust Fund of the Division of Vocational 846 Rehabilitation of the Department of Education, and 40 percent 847 must be distributed pursuant to subsections (1) and (2). 848 (15) Of the additional fine assessed under s. 318.18(3)(f) 849s. 318.18(3)(e)for a violation of s. 316.1893, 50 percent of 850 the moneys received from the fines shall be appropriated to the 851 Agency for Health Care Administration as general revenue to 852 provide an enhanced Medicaid payment to nursing homes that serve 853 Medicaid recipients with brain and spinal cord injuries. The 854 remaining 50 percent of the moneys received from the enhanced 855 fine imposed under s. 318.18(3)(f)s. 318.18(3)(e)shall be 856 remitted to the Department of Revenue and deposited into the 857 Department of Health Emergency Medical Services Trust Fund to 858 provide financial support to certified trauma centers in the 859 counties where enhanced penalty zones are established to ensure 860 the availability and accessibility of trauma services. Funds 861 deposited into the Emergency Medical Services Trust Fund under 862 this subsection shall be allocated as follows: 863 (a) Fifty percent shall be allocated equally among all 864 Level I, Level II, and pediatric trauma centers in recognition 865 of readiness costs for maintaining trauma services. 866 (b) Fifty percent shall be allocated among Level I, Level 867 II, and pediatric trauma centers based on each center’s relative 868 volume of trauma cases as calculated using the hospital 869 discharge data collected pursuant to s. 408.061. 870 Section 14. Subsection (1) of section 655.960, Florida 871 Statutes, is amended to read: 872 655.960 Definitions; ss. 655.960-655.965.—As used in this 873 section and ss. 655.961-655.965, unless the context otherwise 874 requires: 875 (1) “Access area” means any paved walkway or sidewalk which 876 is within 50 feet of any automated teller machine. The term does 877 not include any street or highway open to the use of the public, 878 as defined in s. 316.003(88)(a) or (b)s. 316.003(87)(a) or (b), 879 including any adjacent sidewalk, as defined in s. 316.003. 880 Section 15. This act shall take effect July 1, 2023.