Bill Text: FL S0950 | 2013 | Regular Session | Comm Sub
Bill Title: Photographic Enforcement on School Buses
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Transportation [S0950 Detail]
Download: Florida-2013-S0950-Comm_Sub.html
Florida Senate - 2013 CS for SB 950 By the Committee on Education; and Senator Braynon 581-02633-13 2013950c1 1 A bill to be entitled 2 An act relating to photographic enforcement on school 3 buses; amending s. 316.003, F.S.; defining the term 4 “school bus safety camera” for purposes of the Florida 5 Uniform Traffic Control Law; amending s. 316.008, 6 F.S.; authorizing a school board to authorize use of 7 school bus safety cameras to enforce specified 8 provisions requiring a motor vehicle to stop behind a 9 school bus stop signal; creating s. 316.0084, F.S.; 10 creating the School Bus Safety Camera Program; 11 providing for use of cameras installed on a school bus 12 to provide evidence of a violation when a driver fails 13 to stop behind the bus while the bus stop signal is 14 displayed; requiring a school board to authorize use 15 of such cameras by adopting a resolution; providing 16 for the school board to enter into an agreement with a 17 vendor for the installation, operation, notice 18 processing, and administration and maintenance of the 19 school bus safety camera program and with the county 20 sheriff for operation and enforcement of the program; 21 providing for a fine and the distribution of fines 22 collected; providing procedures for enforcement and 23 payment of fines; providing penalties for submission 24 of a false affidavit establishing an exemption; 25 providing for responsibility to pay the fine and 26 specified fees; requiring the sheriff’s office to 27 issue a traffic citation in certain circumstances; 28 providing that the images or video identified in the 29 traffic citation raises a rebuttable presumption of a 30 violation; authorizing the sheriff’s office to issue a 31 citation to the operator of a motor vehicle in certain 32 circumstances; providing for the distribution of 33 fines; authorizing the sheriff’s office to contract 34 for certain administrative requirements; requiring 35 such cameras to meet specifications adopted by rule of 36 the Department of Education; requiring the department 37 to adopt such rules by a certain date; providing for 38 applicability; amending s. 316.650, F.S.; providing 39 procedures for transmission of citation data to the 40 court; amending s. 316.655, F.S.; providing an 41 exception to certain penalties; amending ss. 318.14 42 and 318.19, F.S.; providing exceptions to certain 43 traffic infraction disposition procedures; amending s. 44 318.15, F.S.; providing procedures that apply upon 45 failure to comply with civil penalty for failing to 46 stop behind a school bus displaying a stop signal or 47 by passing a school bus before the stop signal has 48 been withdrawn when such violations are enforced under 49 specified provisions; amending s. 320.03, F.S.; 50 restricting issuance of a license plate or validation 51 sticker until outstanding fines and fees are paid; 52 amending s. 322.27, F.S.; providing that the 53 Department of Highway Safety and Motor Vehicles may 54 not impose driver license points following a violation 55 for passing a stopped school bus if such violation is 56 enforced pursuant to the School Bus Safety Camera 57 Program; providing that a violation enforced pursuant 58 to the School Bus Safety Camera Program may not be 59 used for purposes of setting motor vehicle insurance 60 rates; providing an effective date. 61 62 WHEREAS, the Legislature recognizes the great harm that can 63 occur when motor vehicles do not stop when a school bus displays 64 its stop signal and further recognizes that large numbers of 65 school buses traverse Florida communities daily, often during 66 hours when there are limited law enforcement personnel on the 67 roads, and 68 WHEREAS, the Legislature believes that there is a state 69 interest in providing an additional deterrent to this dangerous 70 practice and, to that end, an additional enforcement mechanism 71 for violations of s. 316.172, Florida Statutes, through the use 72 of school bus safety cameras is necessary, and 73 WHEREAS, the local school board is charged with safely 74 transporting students to and from schools and is the appropriate 75 entity to determine enactment of a School Bus Safety Camera 76 Program within its jurisdiction with assistance and enforcement 77 by the local sheriff’s office, NOW, THEREFORE, 78 79 Be It Enacted by the Legislature of the State of Florida: 80 81 Section 1. Subsection (91) is added to section 316.003, 82 Florida Statutes, to read: 83 316.003 Definitions.—The following words and phrases, when 84 used in this chapter, shall have the meanings respectively 85 ascribed to them in this section, except where the context 86 otherwise requires: 87 (91) SCHOOL BUS SAFETY CAMERA.—A camera or cameras 88 installed on a school bus and synchronized to record images or 89 video of a motor vehicle when the motor vehicle fails to stop 90 behind the school bus stop signal or passes the bus before the 91 signal has been withdrawn. 92 Section 2. Paragraph (d) is added to subsection (8) of 93 section 316.008, Florida Statutes, to read: 94 316.008 Powers of local authorities.— 95 (8) 96 (d) The district school board may authorize use of school 97 bus safety cameras to assist in enforcement of s. 316.172 when a 98 motor vehicle fails to stop behind the school bus stop signal or 99 passes the school bus before the stop signal has been withdrawn. 100 Such cameras may be used within the school district, including 101 on any road under the jurisdiction of a municipality, the 102 county, or the Department of Transportation. 103 Section 3. Section 316.0084, Florida Statutes, is created 104 to read: 105 316.0084 School Bus Safety Camera Program.— 106 (1) This section may be cited as the “School Bus Safety 107 Camera Program.” 108 (2) After consultation with the county sheriff’s office, a 109 district school board may authorize the use of school bus safety 110 cameras to enforce s. 316.172 as provided in this section. 111 (3) Authorization by a school board shall be by adoption of 112 a resolution applying within county boundaries and authorizing 113 enforcement under this section. The resolution and 114 implementation of the program are not subject to the 115 requirements of chapter 120. Upon adoption of the resolution, 116 the school board may contract with a vendor of automated devices 117 for the installation, operation, notice processing, and 118 administration and maintenance of the school bus safety camera 119 program, or, if the school board enters into an interlocal 120 agreement with the sheriff’s office pursuant to subsection (4), 121 the sheriff’s office may enter into such a contract with a 122 vendor. 123 (4) The school board may contract for the operation and 124 enforcement of the program through an interlocal agreement with 125 the county sheriff’s office, which shall perform as the law 126 enforcement agency under this section. 127 (5) When the operator of a motor vehicle violates s. 128 316.172 by failing to stop behind a school bus displaying a stop 129 signal or by passing a school bus before the stop signal has 130 been withdrawn, the school bus safety camera shall record images 131 or video of the violation and record the vehicle’s license 132 plate. The images or video recorded by a school bus safety 133 camera may not contain the face of the operator of or any 134 passenger in the motor vehicle. 135 (6) A fine of $250 shall be imposed for a violation of s. 136 316.172 when enforced under this section. No costs, fees, or 137 other charges may be added to the fine if paid pursuant to the 138 notice of violation provided under paragraph (7)(a). All fines 139 collected, less costs to administer, operate, and maintain the 140 program, shall be distributed as follows: 141 (a) Twenty-five percent shall be remitted to the county in 142 which the offense was committed. 143 (b) Thirty-five percent shall be remitted to the school 144 district in which the offense was committed. 145 (c) Thirty percent shall be remitted to the Department of 146 Revenue for deposit into the General Revenue Fund. 147 (d) Ten percent shall be remitted to the Department of 148 Education for school bus safety initiatives. 149 (7) Enforcement of s. 316.172 under this section shall be 150 accomplished as follows: 151 (a) A deputy sheriff, officer, or employee of the sheriff’s 152 office shall review the images or video recorded by a school bus 153 safety camera. If he or she determines that such images or video 154 depicts a violation of s. 316.172, the sheriff’s office shall 155 issue a notice of violation to the registered owner or lessee of 156 the motor vehicle depicted in the images or video. If the motor 157 vehicle has more than one registered owner or lessee, the notice 158 shall be issued to the first person listed on the title or other 159 evidence of ownership. 160 (b)1. The notice of violation shall be sent to the 161 registered owner or lessee by first-class mail within 30 days 162 after identification of the owner or lessee. The notice of 163 violation must include, at a minimum: 164 a. The name and address of the person alleged to be liable 165 as the registered owner or lessee of the motor vehicle involved 166 in the violation. 167 b. The license plate number of the motor vehicle. 168 c. The violation charged. 169 d. The date, time, and location of the violation. 170 e. A copy of the images of the motor vehicle and license 171 plate that were recorded by the school bus safety camera and the 172 URL or web address of the Internet website where the images or 173 video may be viewed. 174 f. The amount of the fine and the time, place, and manner 175 of payment of the fine. 176 g. The date by which payment of the fine must be made to 177 the place specified under sub-subparagraph f. or by which an 178 exemption affidavit under paragraph (d) must be provided to the 179 sheriff’s office. The date must be clearly and prominently 180 depicted in the notice and shall be within 30 days after the 181 notice of violation is mailed. 182 h. The procedure under which the notice of violation may be 183 contested, including establishing an exemption under paragraph 184 (c) and requesting a court hearing under s. 318.14. 185 i. A notice that, following issuance of a traffic citation 186 under paragraph (g), failure to timely pay the fine, establish 187 an exemption, or transfer liability to the individual identified 188 as the operator of the motor vehicle constitutes an admission 189 that the registered owner or lessee is responsible for the 190 violation and that the owner’s or lessee’s failure to pay the 191 fine shall result in the owner’s or lessee’s liability for the 192 fine and the denial of a new or replacement license plate or 193 revalidation sticker as part of motor vehicle registration until 194 the owner or lessee presents a receipt from the applicable 195 governmental entity or the clerk of court showing that the fine 196 has been paid. This sub-subparagraph does not apply to the owner 197 of a leased motor vehicle if the vehicle is registered in the 198 name of the lessee of the vehicle. 199 2. In any hearing on a traffic citation issued pursuant to 200 this section in which the timely or proper mailing of a notice 201 of violation is challenged, the defendant bears the burden of 202 proving that the notice of violation was not timely or properly 203 mailed. 204 3. The owner of the rented or leased motor vehicle for 205 which a notice of violation is issued for a violation of s. 206 316.172 is not responsible for paying the traffic fine and is 207 not required to submit an affidavit as specified in this 208 subsection if the motor vehicle involved in the violation is 209 registered in the name of the lessee and the lessee is 210 responsible for paying the fine. 211 (c) The motor vehicle owner or lessee who is issued a 212 notice of violation is liable for the fine unless one of the 213 following exemptions is established: 214 1. The motor vehicle passed beyond the school bus stop 215 signal in order to yield the only right-of-way available to an 216 emergency vehicle and did so prudently; 217 2. The motor vehicle passed beyond the school bus stop 218 signal at the direction of a law enforcement officer; 219 3. The motor vehicle was, at the time of the violation, in 220 the care, custody, or control of another person operating the 221 vehicle; 222 4. A traffic citation was issued by a law enforcement 223 officer to the operator of the motor vehicle for the alleged 224 violation of s. 316.172; 225 5. The motor vehicle’s owner or lessee was deceased on or 226 before the date of the violation as established by an affidavit 227 submitted by a representative of the motor vehicle owner’s or 228 lessee’s estate or other designated person or family member; or 229 6. The motor vehicle was stolen at the time of the 230 violation. 231 (d) To establish an exemption under paragraph (c), the 232 owner or lessee shall, within 30 days after the date of issuance 233 of the notice of violation, furnish the local sheriff’s office 234 with an affidavit setting forth detailed information supporting 235 the exemption. 236 1. An affidavit supporting an exemption under subparagraph 237 (c)3. must include the name, address, date of birth, and, if 238 known, the driver license number of the operator who leased, 239 rented, or otherwise had the care, custody, or control of the 240 motor vehicle at the time of the alleged violation. 241 2. An affidavit supporting an exemption under subparagraph 242 (c)4. must include a copy of the traffic citation issued for the 243 alleged violation. 244 3. An affidavit supporting an exemption under subparagraph 245 (c)5. must include a certified copy of the owner’s or lessee’s 246 death certificate showing that the date of death occurred on or 247 before the issuance of the notice of violation, and: 248 a. The bill of sale showing that the deceased owner’s or 249 lessee’s motor vehicle was sold or transferred after his or her 250 death but on or before the date of the alleged violation; 251 b. Documented proof that the registered license plate 252 belonging to the deceased owner’s or lessee’s motor vehicle was 253 returned to the department or any branch office or authorized 254 agent of the department on or before the date of the alleged 255 violation; or 256 c. A copy of the law enforcement report indicating that the 257 deceased owner’s or lessee’s registered license plate or motor 258 vehicle was stolen after the owner’s or lessee’s death but on or 259 before the date of the alleged violation. 260 4. An affidavit supporting an exemption under subparagraph 261 (c)6., if the motor vehicle was stolen at the time of the 262 alleged violation, must include a copy of the law enforcement 263 report indicating that the motor vehicle was stolen. 264 (e) If the motor vehicle owner or lessee or his or her 265 representative timely submits an affidavit establishing an 266 exemption from liability which is determined by a deputy 267 sheriff, officer, or employee of the sheriff’s office to be 268 sufficient, neither the sheriff’s office nor the court shall 269 take any further action to enforce the violation against the 270 owner or lessee unless, for the exemption under subparagraph 271 (c)3., liability is not successfully transferred as provided in 272 this section. If the registered owner or lessee fails to timely 273 submit an affidavit establishing an exemption from liability, 274 the owner or lessee may not rely on such exemption to avoid 275 liability in a hearing on a traffic citation issued pursuant to 276 this section. Submission of a false affidavit is a misdemeanor 277 of the second degree, punishable as provided in s. 775.082 or s. 278 775.083. 279 (f) If no exemption is established under subparagraph 280 (c)1., subparagraph (c)2., subparagraph (c)4., subparagraph 281 (c)5., or subparagraph (c)6., the motor vehicle owner or lessee 282 who has been issued a notice of violation is responsible for 283 payment of the fine unless the owner or lessee successfully 284 transfers liability to the person identified as the operator 285 pursuant to subparagraph (c)3., there is adjudication that no 286 violation by the owner or lessee occurred, or there is an 287 otherwise lawful determination that no civil penalty shall be 288 imposed. A successful transfer of liability occurs when the 289 person identified as the operator of the motor vehicle pursuant 290 to subparagraph (c)3. pays a fine pursuant to s. 318.14 or, if 291 the traffic citation is contested, is found liable. 292 (g) If the motor vehicle owner or lessee fails to respond 293 to a notice of violation by paying the fine imposed under 294 subsection (6) or submitting an affidavit that complies with 295 paragraph (d) within 30 days after the date of issuance of the 296 notice of violation, as reflected on the notice of violation, 297 the sheriff’s office shall issue a traffic citation for the 298 violation of s. 316.172 to the registered owner or lessee by 299 first-class mail within 45 days after the issuance of the notice 300 of violation. The sheriff’s office may conduct an additional 301 review of the images or video of the violation before issuing 302 the traffic citation. In any hearing on a traffic citation 303 issued pursuant to this section in which the timely or proper 304 mailing of the traffic citation is challenged, the defendant 305 bears the burden of proving that the traffic citation was not 306 timely or properly mailed. 307 (h) A motor vehicle owner or lessee who has been issued a 308 traffic citation is liable for the fine imposed pursuant to this 309 section together with any surcharges, fees, or costs imposed 310 pursuant to chapter 318. Within 30 days after the date of 311 issuance of the traffic citation, as reflected on the traffic 312 citation, the owner or lessee shall either pay the fine and 313 surcharges, fees, and costs imposed pursuant to chapter 318 or 314 contest the traffic citation at a hearing under chapter 318. 315 Failure to pay the fine shall result in the owner’s or lessee’s 316 liability for the fine and the denial of a new or replacement 317 license plate or revalidation sticker as part of motor vehicle 318 registration until the owner’s or lessee’s name no longer 319 appears on a list of those who have outstanding fines pursuant 320 to s. 318.15(3) or until the owner or lessee presents a receipt 321 from the governmental entity or clerk of court that provided the 322 data showing that the outstanding fines have been paid. This 323 paragraph does not apply to the owner of a leased motor vehicle 324 if the vehicle is registered in the name of the lessee of the 325 vehicle. 326 (i) In any hearing on a traffic citation issued pursuant to 327 this section, the images or video identified in the traffic 328 citation are deemed authentic and admissible into evidence. The 329 images or video identified in the traffic citation raises a 330 rebuttable presumption that the motor vehicle identified in the 331 traffic citation was operated in violation of s. 316.172 at the 332 time and place identified in the traffic citation. 333 (j)1. Upon receipt by the sheriff’s office of an affidavit 334 pursuant to subparagraph (d)1., the operator designated as 335 having the care, custody, and control of the motor vehicle at 336 the time of the violation may, by first-class mail, be issued a 337 traffic citation for a violation of s. 316.172. The affidavit is 338 admissible in any hearing pursuant to this section for purposes 339 of providing proof that the motor vehicle was in the actual 340 care, custody, or control of the person identified in the 341 affidavit. 342 2. The motor vehicle operator receiving the traffic 343 citation shall proceed pursuant to s. 318.14 and may pay the 344 fine pursuant to s. 318.18 and any additional surcharges, fees, 345 and costs or may choose to contest the traffic citation. If the 346 operator is found not liable for the fine, the registered owner 347 or lessee of the motor vehicle shall be liable for the fine. The 348 sheriff’s office shall send a new notice of violation by first 349 class mail to the registered owner or lessee stating that the 350 operator was found not liable and giving the registered owner or 351 lessee the option of paying the fine under this section or 352 contesting the violation by a stated date that is at least 20 353 days after the mailing of the new notice. The owner or lessee 354 may not attempt to transfer liability more than one time using 355 the affidavit procedure. If timely payment is not made by the 356 owner or lessee under this section, the sheriff’s office shall 357 issue a traffic citation for the violation of s. 316.172 to the 358 registered owner or lessee by first-class mail within 30 days 359 after the issuance of the new notice of violation. Failure to 360 pay the fine shall result in the owner’s or lessee’s liability 361 for the fine and the denial of a new or replacement license 362 plate or revalidation sticker as part of motor vehicle 363 registration until the owner’s or lessee’s name no longer 364 appears on a list of those who have outstanding fines pursuant 365 to s. 318.15(3) or until the owner or lessee presents a receipt 366 from the governmental entity or clerk of court that provided the 367 data showing that the outstanding fines have been paid. 368 (8) Fines collected by the school board or the sheriff’s 369 office pursuant to the notice of violation provided under 370 paragraph (7)(a) and distributed to the state pursuant to 371 subsection (6) shall be paid to the Department of Revenue 372 monthly by means of electronic funds transfers with a report of 373 the summary detail of penalties remitted. 374 (9) Except for the review by a deputy sheriff, officer, or 375 employee of the sheriff’s office pursuant to paragraph (7)(a), 376 the sheriff’s office may contract for employees, agents, or 377 vendors to perform all administrative or ministerial 378 requirements of enforcement of s. 316.172 pursuant to this 379 section, including, but not limited to, provision and 380 installation of school bus safety cameras, processing and 381 initial review of images or video before review by a deputy 382 sheriff, officer, or employee of the sheriff’s office, printing 383 and mailing notices of violation, and electronic transmission of 384 a replica of the traffic citation data to the appropriate court 385 or traffic violations bureau. 386 (10) School bus safety cameras must meet specifications of 387 the Department of Education, which shall adopt rules prescribing 388 such specifications by October 1, 2013. 389 (11) This section supplements the enforcement of s. 316.172 390 by law enforcement officers and does not prohibit a law 391 enforcement officer from issuing a uniform traffic citation when 392 the operator fails to stop behind a school bus displaying a stop 393 signal or passes a school bus before the stop signal has been 394 withdrawn. When a law enforcement officer issues a uniform 395 traffic citation, the procedures for disposition of the citation 396 in chapter 318 apply. 397 (12) This section does not limit the powers of district 398 school boards as established by the State Constitution and 399 recognized by s. 1001.32(2). 400 Section 4. Subsection (3) of section 316.650, Florida 401 Statutes, is amended to read: 402 316.650 Traffic citations.— 403 (3)(a) Except for a traffic citation issued pursuant to s. 404 316.1001,ors. 316.0083, or s. 316.0084, each traffic 405 enforcement officer, upon issuing a traffic citation to an 406 alleged violator of any provision of the motor vehicle laws of 407 this state or of any traffic ordinance of any municipality or 408 town, shall deposit the original traffic citation or, in the 409 case of a traffic enforcement agency that has an automated 410 citation issuance system, the chief administrative officer shall 411 provide by an electronic transmission a replica of the citation 412 data to a court having jurisdiction over the alleged offense or 413 with its traffic violations bureau within 5 days after issuance 414 to the violator. 415 (b) If a traffic citation is issued pursuant to s. 416 316.1001, a traffic enforcement officer may deposit the original 417 traffic citation or, in the case of a traffic enforcement agency 418 that has an automated citation system, may provide by an 419 electronic transmission a replica of the citation data to a 420 court having jurisdiction over the alleged offense or with its 421 traffic violations bureau within 45 days after the date of 422 issuance of the citation to the violator. If the person cited 423 for the violation of s. 316.1001 makes the election provided by 424 s. 318.14(12) and pays the $25 fine, or such other amount as 425 imposed by the governmental entity owning the applicable toll 426 facility, plus the amount of the unpaid toll that is shown on 427 the traffic citation directly to the governmental entity that 428 issued the citation, or on whose behalf the citation was issued, 429 in accordance with s. 318.14(12), the traffic citation will not 430 be submitted to the court, the disposition will be reported to 431 the department by the governmental entity that issued the 432 citation, or on whose behalf the citation was issued, and no 433 points will be assessed against the person’s driverdriver’s434 license. 435 (c) If a traffic citation is issued under s. 316.0083 or s. 436 316.0084, the traffic infraction enforcement officer shall 437 provide by electronic transmission a replica of the traffic 438 citation data to the court having jurisdiction over the alleged 439 offense or its traffic violations bureau within 5 days after the 440 date of issuance of the traffic citation to the violator. 441 Section 5. Subsection (1) of section 316.655, Florida 442 Statutes, is amended to read: 443 316.655 Penalties.— 444 (1) A violation of any of the provisions of this chapter, 445 except those violations with a specific criminal charge, as 446 enumerated in s. 318.17, are infractions, as defined in s. 447 318.13(3). Except for violations of s. 316.172 when no traffic 448 citation is issued by a law enforcement officer and s. 316.302, 449 infractions of this chapter are punishable as provided in 450 chapter 318. Any person convicted of a violation of or otherwise 451 found to be in violation of s. 316.063, s. 316.3025, s. 316.516, 452 s. 316.545, or s. 316.550 shall be punished as specifically 453 provided in that section. 454 Section 6. Subsection (2) of section 318.14, Florida 455 Statutes, is amended to read: 456 318.14 Noncriminal traffic infractions; exception; 457 procedures.— 458 (2) Except as provided in ss. 316.1001(2),and316.0083, 459 and 316.0084, any person cited for a violation requiring a 460 mandatory hearing listed in s. 318.19 or any other criminal 461 traffic violation listed in chapter 316 must sign and accept a 462 citation indicating a promise to appear. The officer may 463 indicate on the traffic citation the time and location of the 464 scheduled hearing and must indicate the applicable civil penalty 465 established in s. 318.18. For all other infractions under this 466 section, except for infractions under s. 316.1001, the officer 467 must certify by electronic, electronic facsimile, or written 468 signature that the citation was delivered to the person cited. 469 This certification is prima facie evidence that the person cited 470 was served with the citation. 471 Section 7. Section 318.19, Florida Statutes, is amended to 472 read: 473 318.19 Infractions requiring a mandatory hearing.—Any 474 person cited for the infractions listed in this section shall 475 not have the provisions of s. 318.14(2), (4), and (9) available 476 to him or her but must appear before the designated official at 477 the time and location of the scheduled hearing: 478 (1) Any infraction which results in a crash that causes the 479 death of another.;480 (2) Any infraction which results in a crash that causes 481 “serious bodily injury” of another as defined in s. 482 316.1933(1).;483 (3) Any infraction of s. 316.172(1)(b), except when 484 enforced under s. 316.0084 when the violation was recorded by a 485 school bus safety camera.;486 (4) Any infraction of s. 316.520(1) or (2).; or487 (5) Any infraction of s. 316.183(2), s. 316.187, or s. 488 316.189 of exceeding the speed limit by 30 m.p.h. or more. 489 Section 8. Subsection (3) is added to section 318.15, 490 Florida Statutes, to read: 491 318.15 Failure to comply with civil penalty or to appear; 492 penalty.— 493 (3) Notwithstanding subsection (1), any governmental 494 entity, including a clerk of court, shall provide the department 495 with data that is machine readable by the department’s computer 496 system listing persons who have one or more outstanding 497 violations of s. 316.172 when enforced under s. 316.0084 for 498 failing to stop behind a school bus displaying a stop signal or 499 by passing a school bus before the stop signal has been 500 withdrawn. The data provided to the department shall include the 501 person’s driver license number or, in the case of a business 502 entity, the vehicle registration number. Pursuant to s. 503 320.03(8), such persons may not be issued a license plate or 504 revalidation sticker for any motor vehicle until the amounts 505 assessed have been fully paid. 506 Section 9. Subsection (8) of section 320.03, Florida 507 Statutes, is amended to read: 508 320.03 Registration; duties of tax collectors; 509 International Registration Plan.— 510 (8) If the applicant’s name appears on the list referred to 511 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 512 713.78(13), a license plate or revalidation sticker may not be 513 issued until that person’s name no longer appears on the list or 514 until the person presents a receipt from the governmental entity 515 or the clerk of court that provided the data showing that the 516 fines outstanding have been paid. This subsection does not apply 517 to the owner of a leased vehicle if the vehicle is registered in 518 the name of the lessee of the vehicle. The tax collector and the 519 clerk of the court are each entitled to receive monthly, as 520 costs for implementing and administering this subsection, 10 521 percent of the civil penalties and fines recovered from such 522 persons. As used in this subsection, the term “civil penalties 523 and fines” does not include a wrecker operator’s lien as 524 described in s. 713.78(13). If the tax collector has private tag 525 agents, such tag agents are entitled to receive a pro rata share 526 of the amount paid to the tax collector, based upon the 527 percentage of license plates and revalidation stickers issued by 528 the tag agent compared to the total issued within the county. 529 The authority of any private agent to issue license plates shall 530 be revoked, after notice and a hearing as provided in chapter 531 120, if he or she issues any license plate or revalidation 532 sticker contrary to the provisions of this subsection. This 533 section applies only to the annual renewal in the owner’s birth 534 month of a motor vehicle registration and does not apply to the 535 transfer of a registration of a motor vehicle sold by a motor 536 vehicle dealer licensed under this chapter, except for the 537 transfer of registrations which includes the annual renewals. 538 This section does not affect the issuance of the title to a 539 motor vehicle, notwithstanding s. 319.23(8)(b). 540 Section 10. Paragraph (d) of subsection (3) of section 541 322.27, Florida Statutes, is amended to read: 542 322.27 Authority of department to suspend or revoke driver 543 license or identification card.— 544 (3) There is established a point system for evaluation of 545 convictions of violations of motor vehicle laws or ordinances, 546 and violations of applicable provisions of s. 403.413(6)(b) when 547 such violations involve the use of motor vehicles, for the 548 determination of the continuing qualification of any person to 549 operate a motor vehicle. The department is authorized to suspend 550 the license of any person upon showing of its records or other 551 good and sufficient evidence that the licensee has been 552 convicted of violation of motor vehicle laws or ordinances, or 553 applicable provisions of s. 403.413(6)(b), amounting to 12 or 554 more points as determined by the point system. The suspension 555 shall be for a period of not more than 1 year. 556 (d) The point system mustshallhave as its basic element a 557 graduated scale of points assigning relative values to 558 convictions of the following violations: 559 1. Reckless driving, willful and wanton—4 points. 560 2. Leaving the scene of a crash resulting in property 561 damage of more than $50—6 points. 562 3. Unlawful speed resulting in a crash—6 points. 563 4. Passing a stopped school bus—4 points. However, no 564 points may be imposed if the violation of s. 316.172 is enforced 565 pursuant to s. 316.0084. In addition, a violation of s. 316.172 566 that is enforced pursuant to s. 316.0084 may not be used for 567 purposes of setting motor vehicle insurance rates. 568 5. Unlawful speed: 569 a. Not in excess of 15 miles per hour of lawful or posted 570 speed—3 points. 571 b. In excess of 15 miles per hour of lawful or posted 572 speed—4 points. 573 6. A violation of a traffic control signal device as 574 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 575 However, no points mayshallbe imposed for a violation of s. 576 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 577 stop at a traffic signal and when enforced by a traffic 578 infraction enforcement officer. In addition, a violation of s. 579 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 580 stop at a traffic signal and when enforced by a traffic 581 infraction enforcement officer may not be used for purposes of 582 setting motor vehicle insurance rates. 583 7. All other moving violations (including parking on a 584 highway outside the limits of a municipality)—3 points. However, 585 no points mayshallbe imposed for a violation of s. 316.0741 or 586 s. 316.2065(11); and points mayshallbe imposed for a violation 587 of s. 316.1001 only when imposed by the court after a hearing 588 pursuant to s. 318.14(5). 589 8. Any moving violation covered above, excluding unlawful 590 speed, resulting in a crash—4 points. 591 9. Any conviction under s. 403.413(6)(b)—3 points. 592 10. Any conviction under s. 316.0775(2)—4 points. 593 Section 11. This act shall take effect July 1, 2013.