Bill Text: FL S0702 | 2022 | Regular Session | Introduced

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

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Bill Title: Photographic Enforcement of School Bus Safety

Spectrum: Bipartisan Bill

Status: (Failed) 2022-03-14 - Died in Appropriations [S0702 Detail]

Download: Florida-2022-S0702-Introduced.html

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       Florida Senate - 2022                                     SB 702
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00718-22                                            2022702__
    1                        A bill to be entitled                      
    2         An act relating to photographic enforcement of school
    3         bus safety; creating s. 316.616, F.S.; defining the
    4         terms “school bus” and “side stop signal arm
    5         enforcement system”; authorizing school districts to
    6         install and operate side stop signal arm enforcement
    7         systems on school buses; requiring school districts to
    8         post certain warning signs or stickers on such buses;
    9         authorizing school districts to contract with a
   10         private vendor or manufacturer to provide side stop
   11         signal arm enforcement systems and certain services;
   12         requiring manufacturers and vendors to submit
   13         specified information to law enforcement agencies
   14         within a specified timeframe; requiring law
   15         enforcement agencies to review such information to
   16         determine whether a violation occurred and
   17         electronically certify the notice of violation under
   18         certain circumstances; providing that certain
   19         certificates sworn to or affirmed by a law enforcement
   20         officer are prima facie evidence; providing that
   21         recorded images evidencing a violation of this act are
   22         admissible in any judicial or administrative
   23         proceeding for a certain purpose; providing a
   24         rebuttable presumption; providing notice requirements
   25         and procedures; authorizing motor vehicle owners
   26         served a notice of violation to take certain actions
   27         as a final disposition of such notice; providing that
   28         payment of the fine operates as a final disposition of
   29         the civil penalty; providing notice requirements and
   30         procedures for unpaid civil penalties; requiring the
   31         Department of Highway Safety and Motor Vehicles to
   32         refuse to renew the registration of motor vehicles and
   33         prohibit the transfer of title under specified
   34         circumstances; requiring the department to remove
   35         penalties imposed on a motor vehicle owner upon
   36         presentation of adequate proof; requiring that side
   37         stop signal arm enforcement system equipment be
   38         incapable of automated or user-controlled remote
   39         surveillance; specifying requirements of and
   40         prohibitions on the use of recorded video and still
   41         images captured by the side stop signal arm
   42         enforcement system; providing that a motor vehicle
   43         owner is not responsible for a violation of this act
   44         if the vehicle was reported stolen at the time the
   45         violation occurred; providing civil penalties;
   46         providing for distribution of such penalties;
   47         providing construction; requiring school districts
   48         operating a side stop signal arm enforcement system to
   49         provide a summary report to the Governor, the
   50         Legislature, and the department annually by a
   51         specified date; requiring the State Board of Education
   52         to adopt rules for a specified purpose and authorizing
   53         it to adopt other rules; amending s. 1006.21, F.S.;
   54         conforming a provision to changes made by the act;
   55         providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Section 316.616, Florida Statutes, is created to
   60  read:
   61         316.616 School buses; side stop signal arm enforcement
   62  system.—
   63         (1) As used in this section, the term:
   64         (a) “School bus” has the same meaning as provided in s.
   65  316.6145.
   66         (b) “Side stop signal arm enforcement system” means a
   67  camera system affixed to a school bus with two or more camera
   68  sensors or computers that produce recorded video and two or more
   69  film or digital photographic still images for the purpose of
   70  documenting a motor vehicle being used or operated in a manner
   71  that allegedly violates s. 316.172.
   72         (2)(a) A school district may install and operate a side
   73  stop signal arm enforcement system on a school bus for the
   74  purpose of enforcing s. 316.172. The school district shall post
   75  a warning sign or sticker on all school buses in which a system
   76  is installed and operational indicating the use of such system.
   77         (b) The school district may contract with a private vendor
   78  or manufacturer to provide a side stop signal arm enforcement
   79  system on each bus within its fleet, whether owned, contracted,
   80  or leased, and for services including, but not limited to, the
   81  installation, operation, and maintenance of the system. The
   82  school district’s decision to establish a side stop signal arm
   83  enforcement system must be based solely on the need to increase
   84  public safety.
   85         (c) A school district shall ensure that the side stop
   86  signal arm enforcement system meets the requirements of
   87  subsection (12).
   88         (3) Each private manufacturer or vendor shall, within 30
   89  days after an alleged violation is captured, submit the
   90  following information to a law enforcement agency authorized to
   91  enforce violations of s. 316.172:
   92         (a) A copy of the recorded image showing the motor vehicle.
   93         (b) The license plate number and state of issuance of the
   94  motor vehicle.
   95         (c) The date, time, and place of the alleged violation.
   96         (4)(a) Each law enforcement agency authorized to enforce
   97  violations of s. 316.172 shall review the information submitted
   98  by the private manufacturer or vendor as provided under
   99  subsection (3) to determine whether there is sufficient evidence
  100  that a violation of s. 316.172 occurred and, if the evidence
  101  shows a violation occurred, shall electronically certify a
  102  notice of violation.
  103         (b) A certificate or a facsimile of a certificate based on
  104  inspection of recorded images produced by a side stop signal arm
  105  enforcement system and sworn to or affirmed by a law enforcement
  106  officer authorized to enforce violations of s. 316.172 shall be
  107  prima facie evidence of the facts contained in it. Upon request
  108  by the law enforcement agency, the school district shall provide
  109  written documentation that the side stop signal arm enforcement
  110  system was operating correctly at the time of the alleged
  111  violation.
  112         (c) A recorded image evidencing a violation of s. 316.172
  113  shall be admissible in any judicial or administrative proceeding
  114  to adjudicate the liability for the violation.
  115         (d) A rebuttable presumption shall exist that the
  116  registered owner of the motor vehicle was the driver at the time
  117  of the alleged violation.
  118         (5)(a) Within 30 days after receiving the information
  119  provided under subsection (3), a law enforcement agency
  120  authorized to enforce violations of s. 316.172 or an agent
  121  authorized by such law enforcement agency shall send by first
  122  class mail a notice of violation to the registered owner of the
  123  motor vehicle involved in the violation. Mailing the notice of
  124  violation constitutes notification.
  125         (b) In the case of joint ownership of a motor vehicle, the
  126  notice of violation shall be mailed to the first name appearing
  127  on the registration. However, if the first name appearing on the
  128  registration is a business entity, the second name appearing on
  129  the registration may be used.
  130         (c) The notice of violation must include all of the
  131  following:
  132         1. A copy of the recorded image showing the motor vehicle
  133  involved in the violation.
  134         2. A citation for the violation indicating the date, time,
  135  and location of the alleged violation.
  136         3. The amount of the civil penalty and the date by which
  137  such penalty must be paid.
  138         4. A copy of the certificate described in subsection (4)
  139  and a statement of the inference therein.
  140         5. Instructions on how to request a hearing to contest
  141  liability or notice.
  142         6. A warning that failure to pay the civil penalty or to
  143  contest liability within 30 days after the notice is mailed
  144  shall waive the right to contest liability.
  145         (d) The owner of the motor vehicle involved in a violation
  146  may admit responsibility for the violation and pay the fine as
  147  indicated on the notice of violation. Payment of the fine
  148  operates as a final disposition of the civil penalty.
  149         (6)(a) If a violation has not been contested and the civil
  150  penalty has not been paid within 30 days after a notice required
  151  under subsection (5) is mailed, the law enforcement agency or an
  152  agent authorized by the law enforcement agency shall send by
  153  first-class mail a final notice of the unpaid civil penalty. The
  154  final notice must inform the owner that the law enforcement
  155  agency or the agent authorized by the law enforcement agency
  156  shall send a referral to the department if the civil penalty is
  157  not paid within 30 days after the final notice was mailed and
  158  that such referral shall result in the nonrenewal of the
  159  registration of such motor vehicle and prohibit the title
  160  transfer of such motor vehicle within this state.
  161         (b) A referral sent to the department under paragraph (a)
  162  must include all of the following:
  163         1. Any information known or available to the law
  164  enforcement agency or an authorized agent concerning the motor
  165  vehicle’s license plate number and year of registration and the
  166  name of the registered owner of the motor vehicle.
  167         2. The date on which the violation occurred.
  168         3. The dates on which the required notice and final notice
  169  were mailed.
  170         4. The seal, logo, emblem, or electronic seal of the law
  171  enforcement agency.
  172         (c) Within 5 days after receipt of a referral under
  173  paragraph (a), the department shall enter the referral into the
  174  department’s motor vehicle database and shall refuse to renew
  175  the registration of the motor vehicle and prohibit the title
  176  transfer of the motor vehicle within this state until the civil
  177  penalty is paid. The department shall send the registered owner
  178  of the motor vehicle by first-class mail a notice stating:
  179         1. That the registration of the motor vehicle involved in
  180  the violation cannot be renewed within this state.
  181         2. That the title of the motor vehicle involved in the
  182  violation cannot be transferred within this state.
  183         3. That the penalties provided in this paragraph are being
  184  imposed due to failure to pay the civil penalty for a violation
  185  of s. 316.172 as provided in this section.
  186         4. The procedure provided in paragraph (d) for removing the
  187  penalties provided in this paragraph.
  188         (d) The department shall remove the penalties imposed under
  189  paragraph (c) when the registered owner of the motor vehicle or
  190  any other person presents the department with adequate proof
  191  that the civil penalty has been paid.
  192         (7)(a)1. Notwithstanding any other law, equipment deployed
  193  as part of a side stop signal arm enforcement system as provided
  194  under this section must be incapable of automated or user
  195  controlled remote surveillance by means of recorded video or
  196  still images.
  197         2. Recorded images collected as part of the side stop
  198  signal arm enforcement system may only be used to document
  199  violations of s. 316.172 and may not be used for any other
  200  surveillance purposes.
  201         3. To the extent practicable, a side stop signal arm
  202  enforcement system must use necessary technology to ensure that
  203  recorded video or still images produced by the system do not
  204  identify the driver, any passenger, or the contents of a motor
  205  vehicle.
  206         4. A notice of a violation issued under this section may
  207  not be dismissed solely because a recorded video or still images
  208  allow for the identification of the driver, any passenger, or
  209  the contents of a motor vehicle as long as a reasonable effort
  210  has been made to comply with this subsection.
  211         (b) Any recorded video or still image obtained through the
  212  use of a side stop signal arm enforcement system must be
  213  destroyed within 90 days after the final disposition of the
  214  recorded event. The vendor of a side stop signal arm enforcement
  215  system shall provide the school district with written notice by
  216  December 31 of each year that such records have been destroyed
  217  in accordance with this section.
  218         (c) Notwithstanding any other law, registered motor vehicle
  219  owner information obtained as a result of the operation of a
  220  side stop signal arm enforcement system is not the property of
  221  the manufacturer or vendor of the system and may be used only
  222  for the purposes of this section.
  223         (8) The owner of a motor vehicle is not responsible for a
  224  violation of this section if the vehicle involved was reported
  225  to a state or local law enforcement agency as stolen at the time
  226  the violation occurred.
  227         (9) This section supplements the enforcement of s. 316.172
  228  by law enforcement officers when a driver fails to stop while a
  229  school bus is stopped and does not prohibit a law enforcement
  230  officer from issuing a traffic citation for a violation of s.
  231  316.172.
  232         (10)(a) The registered owner of a motor vehicle who is
  233  found in violation of s. 316.172 by a side stop signal arm
  234  enforcement system is subject to a civil penalty of $200 for a
  235  violation of s. 316.172(1)(a) and $400 for a violation of s.
  236  316.172(1)(b). Notwithstanding s. 318.18(5), the fine shall be
  237  paid to the school district in which the violation occurred and
  238  must be used for the installation or maintenance of side stop
  239  signal arm enforcement systems on school buses or for any other
  240  technology that increases the safety of the transportation of
  241  students.
  242         (b) For each violation under this section, the registered
  243  owner of the motor vehicle shall be liable for the imposed
  244  penalty unless the owner is convicted of the same violation
  245  under s. 316.172 or unless the motor vehicle was stolen at the
  246  time of the violation as provided under subsection (8).
  247         (c) A violation for which a civil penalty is imposed
  248  pursuant to this section is not considered a moving violation
  249  for the purpose of assessing points under s. 322.27(3). Such
  250  violation is noncriminal, and imposition of a civil penalty
  251  pursuant to this section does not constitute a conviction, may
  252  not be made a part of the driving record of the person upon whom
  253  such liability is imposed, and may not be used for any purposes
  254  in the provision of motor vehicle insurance.
  255         (11) By December 31, 2022, and annually thereafter, a
  256  school district operating a side stop signal arm enforcement
  257  system shall provide a summary report to the Governor, the
  258  President of the Senate, the Speaker of the House of
  259  Representatives, and the department regarding the use and
  260  operation of the system under this section, including the number
  261  of citations issued and the amount of funds collected for the
  262  preceding state fiscal year.
  263         (12) A side stop signal arm enforcement system must meet
  264  specifications established by the State Board of Education and
  265  must be tested at regular intervals according to specifications
  266  prescribed by state board rule. The state board must establish
  267  such specifications by rule on or before December 31, 2022.
  268  However, any such equipment acquired by purchase, lease, or
  269  other arrangement under an agreement entered into by a school
  270  district on or before July 1, 2023, or equipment used to enforce
  271  violations of s. 316.172 on or before July 1, 2023, is not
  272  required to meet the specifications established by the state
  273  board until July 1, 2023.
  274         (13) The State Board of Education may adopt rules to
  275  address student privacy concerns that may arise from the use of
  276  a side stop signal arm enforcement system.
  277         Section 2. Paragraph (h) is added to subsection (3) of
  278  section 1006.21, Florida Statutes, to read:
  279         1006.21 Duties of district school superintendent and
  280  district school board regarding transportation.—
  281         (3) District school boards, after considering
  282  recommendations of the district school superintendent:
  283         (h) May install and operate, or enter into an agreement
  284  with a private vendor or manufacturer to provide, a side stop
  285  signal arm enforcement system for each school bus pursuant to s.
  286  316.616.
  287         Section 3. This act shall take effect July 1, 2022.