Bill Text: FL S1474 | 2021 | Regular Session | Introduced


Bill Title: Photographic Enforcement of School Zone Speed Limits

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-04-30 - Died in Transportation [S1474 Detail]

Download: Florida-2021-S1474-Introduced.html
       Florida Senate - 2021                                    SB 1474
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01398B-21                                          20211474__
    1                        A bill to be entitled                      
    2         An act relating to photographic enforcement of school
    3         zone speed limits; amending s. 316.003, F.S.; defining
    4         the term “speed detection system”; amending s.
    5         316.008, F.S.; authorizing counties and municipalities
    6         to enforce school speed zones through the use of speed
    7         detection systems; providing a rebuttable presumption;
    8         authorizing counties and municipalities to install, or
    9         contract with a vendor to install, speed detection
   10         systems; amending s. 316.0776, F.S.; authorizing speed
   11         detection systems to be installed on state roads when
   12         permitted by the Department of Transportation;
   13         authorizing speed detection systems to be installed on
   14         a street or highway under the jurisdiction of a county
   15         or municipality in accordance with specified
   16         requirements; requiring counties and municipalities
   17         that install speed detection systems to notify the
   18         public that such systems may be in use and of
   19         enforcement of violations; providing requirements for
   20         signage used to notify the public; requiring counties
   21         and municipalities that have never conducted a speed
   22         detection system program to make a public announcement
   23         and conduct a public awareness campaign before
   24         commencing enforcement using such system; providing
   25         penalties in effect during the public awareness
   26         campaign; creating s. 316.1896, F.S.; authorizing
   27         counties and municipalities to authorize traffic
   28         infraction enforcement officers to issue certain
   29         traffic citations; providing construction; providing
   30         notification requirements and procedures; authorizing
   31         persons who receive notices of violation to request a
   32         hearing within a specified timeframe; defining the
   33         term “person”; providing for waiver of challenge or
   34         dispute as to the delivery of the notice of violation;
   35         requiring counties and municipalities to pay certain
   36         funds to the Department of Revenue; providing for the
   37         distribution of funds; requiring that a traffic
   38         citation be issued under specified circumstances;
   39         providing for waiver of challenge or dispute as to the
   40         delivery of the traffic citation; providing
   41         notification requirements and procedures for the
   42         issuance of a traffic citation; specifying that the
   43         owner of a motor vehicle is responsible and liable for
   44         paying a traffic citation; providing exceptions;
   45         requiring an owner of a motor vehicle to furnish an
   46         affidavit under certain circumstances; specifying
   47         requirements for such affidavits; providing criminal
   48         penalties; providing that photographic or electronic
   49         images, streaming video, and measurement of the
   50         vehicle’s speed measured by a speed detection system
   51         are evidence of a violation of a specified provision
   52         of law and are admissible in certain proceedings;
   53         providing a rebuttable presumption; providing
   54         requirements and procedures for hearings; amending s.
   55         316.1906, F.S.; revising the definition of the term
   56         “officer”; authorizing traffic infraction enforcement
   57         officers to satisfy a certain requirement by reviewing
   58         the video of an alleged infraction; providing
   59         construction; providing requirements for speed
   60         detection systems; requiring a law enforcement agency
   61         and its agents that operate a speed detection system
   62         to maintain a log of results of the system’s self
   63         tests; requiring a law enforcement agency and its
   64         agents to perform independent calibration tests of
   65         such systems; providing that self-test logs and
   66         calibration tests are admissible in court proceedings
   67         relating to certain violations; amending ss. 316.306,
   68         316.640, 316.650, 318.14, and 655.960, F.S.;
   69         conforming cross-references and provisions to changes
   70         made by the act; providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Present subsections (79) through (105) of
   75  section 316.003, Florida Statutes, are redesignated as
   76  subsections (80) through (106), respectively, a new subsection
   77  (79) is added to that section, and subsection (62) of that
   78  section is amended, to read:
   79         316.003 Definitions.—The following words and phrases, when
   80  used in this chapter, shall have the meanings respectively
   81  ascribed to them in this section, except where the context
   82  otherwise requires:
   83         (62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
   84  in paragraph (85)(b) (84)(b), any privately owned way or place
   85  used for vehicular travel by the owner and those having express
   86  or implied permission from the owner, but not by other persons.
   87         (79) SPEED DETECTION SYSTEM.—An automated system used to
   88  record a vehicle’s speed using radar and to capture a photograph
   89  or video of a vehicle that exceeds the speed limit in force at
   90  the time of violation.
   91         Section 2. Subsection (9) is added to section 316.008,
   92  Florida Statutes, to read:
   93         316.008 Powers of local authorities.—
   94         (9)(a)A county or municipality may enforce school speed
   95  zones, as provided in s. 316.1895, through the use of a speed
   96  detection system for the measurement of speed and recording of
   97  photographs or videos for violations that are in excess of 10
   98  miles per hour over the speed limit in force at the time of the
   99  violation. A school zone that is in compliance with s. 316.1895
  100  creates a rebuttable presumption that the school zone is being
  101  properly maintained.
  102         (b)A county or municipality may install, or contract with
  103  a vendor to install, a speed detection system within 1,000 feet
  104  of a school zone to enforce speed limits in school speed zones,
  105  as provided by s. 316.1895.
  106         Section 3. Section 316.0776, Florida Statutes, is amended
  107  to read:
  108         316.0776 Traffic infraction detectors; speed detection
  109  systems; placement and installation.—
  110         (1) Traffic infraction detectors are allowed on state roads
  111  when permitted by the Department of Transportation and under
  112  placement and installation specifications developed by the
  113  Department of Transportation. Traffic infraction detectors are
  114  allowed on streets and highways under the jurisdiction of
  115  counties or municipalities in accordance with placement and
  116  installation specifications developed by the Department of
  117  Transportation.
  118         (2)(a) If the department, county, or municipality installs
  119  a traffic infraction detector at an intersection, the
  120  department, county, or municipality shall notify the public that
  121  a traffic infraction device may be in use at that intersection
  122  and must specifically include notification of camera enforcement
  123  of violations concerning right turns. Such signage used to
  124  notify the public must meet the specifications for uniform
  125  signals and devices adopted by the Department of Transportation
  126  pursuant to s. 316.0745.
  127         (b) If the department, county, or municipality begins a
  128  traffic infraction detector program in a county or municipality
  129  that has never conducted such a program, the respective
  130  department, county, or municipality shall also make a public
  131  announcement and conduct a public awareness campaign of the
  132  proposed use of traffic infraction detectors at least 30 days
  133  before commencing the enforcement program.
  134         (3)A speed detection system may be installed on a state
  135  road when permitted by the Department of Transportation and in
  136  accordance with placement and installation specifications
  137  developed by the Department of Transportation. A speed detection
  138  system may be installed on a street or highway under the
  139  jurisdiction of a county or a municipality in accordance with
  140  placement and installation specifications developed by the
  141  Department of Transportation.
  142         (a) If a county or municipality installs a speed detection
  143  system, the county or municipality must notify the public that a
  144  speed detection system may be in use and must specifically
  145  include notification of camera or video enforcement of
  146  violations. Such signage used to notify the public must meet the
  147  specifications for uniform signals and devices adopted by the
  148  Department of Transportation pursuant to s. 316.0745.
  149         (b) If a county or municipality begins a speed detection
  150  system program in a county or municipality that has never
  151  conducted such a program, the respective county or municipality
  152  shall make a public announcement and conduct a public awareness
  153  campaign on the proposed use of speed detection systems at least
  154  30 days before commencing enforcement under the speed detection
  155  system program and notify the public of the specific date on
  156  which the program will commence. During the 30-day public
  157  awareness campaign about the speed detection system program, a
  158  motor vehicle operator found to have violated s. 316.183 by a
  159  speed detection system shall be issued a warning for the
  160  violation and may not be liable for the civil penalty imposed
  161  under s. 318.18.
  162         Section 4. Section 316.1896, Florida Statutes, is created
  163  to read:
  164         316.1896 School speed zones; speed detection system
  165  enforcement; penalties; appeal procedure.—
  166         (1)For purposes of administering this section, a county or
  167  municipality may authorize a traffic infraction enforcement
  168  officer under s. 316.640 to issue a traffic citation for a
  169  violation of s. 316.183, as evidenced by a speed detection
  170  system, which is in excess of 10 miles per hour over the speed
  171  limit in force at the time of the violation. This subsection
  172  does not prohibit a review of information from a speed detection
  173  system by an authorized employee or agent of a county or
  174  municipality before issuance of the traffic citation by the
  175  traffic infraction enforcement officer. This subsection does not
  176  prohibit a county or municipality from issuing notifications as
  177  provided in subsection (2) to the registered owner of the motor
  178  vehicle in violation of s. 316.183.
  179         (2)Within 30 days after a violation, notification must be
  180  sent to the registered owner of the motor vehicle involved in
  181  the violation specifying the remedies available under s. 318.14
  182  and that the violator must pay the penalty under s. 318.18 to
  183  the county or municipality, or furnish an affidavit in
  184  accordance with subsection (8), within 30 days following the
  185  date of the notification of violation in order to avoid court
  186  fees, costs, and the issuance of a traffic citation. The
  187  notification of violation must:
  188         (a)Be sent by first-class mail;
  189         (b)Include a notice that the owner has the right to review
  190  the photographic or electronic images, the streaming video
  191  evidence, or evidence of the speed of the vehicle measured by a
  192  radar speed-measuring device which constitutes a rebuttable
  193  presumption against the owner of the vehicle; and
  194         (c)State the time and place or website where the evidence
  195  may be examined and observed.
  196         (3)Notwithstanding any other law, a person who receives a
  197  notice of violation under this section may request a hearing
  198  within 30 days following the notification of violation or pay
  199  the penalty pursuant to the notice of violation, but a payment
  200  or fee may not be required before the hearing requested by the
  201  person. The notice of violation must be accompanied by, or
  202  direct the person to a website that provides, information on the
  203  person’s right to request a hearing and on all court costs
  204  related thereto and a form used for requesting a hearing. As
  205  used in this subsection, the term “person” includes a natural
  206  person, the registered owner or co-owner of a motor vehicle, or
  207  the person identified on an affidavit as having care, custody,
  208  or control of the motor vehicle at the time of the violation.
  209         (4)If the registered owner or co-owner of the motor
  210  vehicle; the person designated as having care, custody, or
  211  control of the motor vehicle at the time of the violation; or an
  212  authorized representative of the owner, co-owner, or designated
  213  person initiates a proceeding to challenge the violation, such
  214  person waives any challenge or dispute as to the delivery of the
  215  notice of violation.
  216         (5)Penalties assessed and collected by the county or
  217  municipality authorized to collect the funds provided for in
  218  this section, less the amount retained by the county,
  219  municipality, or other local government entity pursuant to
  220  paragraph (b), shall be paid to the Department of Revenue
  221  weekly. Payment by the county or municipality to the state must
  222  be made by means of electronic funds transfer. In addition to
  223  the payment, a detailed summary of the penalties remitted shall
  224  be reported to the Department of Revenue. Penalties to be
  225  assessed and collected by the county or municipality as
  226  established in s. 318.18(3)(b) and (c) shall be remitted as
  227  follows:
  228         (a)Forty-five percent of the fine shall be remitted to the
  229  Department of Revenue for deposit into the General Revenue Fund.
  230         (b)Forty-five percent shall be retained by the county or
  231  municipality and shall be used to administer speed detection
  232  systems in school zones or other public safety initiatives.
  233         (c)Three percent shall be remitted to the Department of
  234  Revenue for deposit into the Department of Law Enforcement
  235  Criminal Justice Standards and Training Fund.
  236         (d)Four percent shall be remitted to the public school
  237  district in which the violation occurred, to be used for school
  238  security initiatives or teacher salaries. Funds remitted under
  239  this paragraph shall be shared with charter schools in the
  240  district, based on each charter school’s proportionate share of
  241  the district’s total unweighted full-time equivalent student
  242  enrollment, and used for school security initiatives or teacher
  243  salaries.
  244         (e)Three percent shall be remitted to the Department of
  245  Revenue for deposit into the General Revenue Fund for the
  246  benefit of the Coach Aaron Feis Guardian Program.
  247         (6)A traffic citation shall be issued by mailing the
  248  traffic citation by certified mail to the address of the
  249  registered owner of the motor vehicle involved in the violation
  250  if payment has not been made within 30 days after notification
  251  under subsection (2), if the registered owner has not requested
  252  a hearing as authorized under subsection (3), or if the
  253  registered owner has not submitted an affidavit under subsection
  254  (8).
  255         (a)Delivery of the traffic citation constitutes
  256  notification under this subsection. If the registered owner or
  257  co-owner of the motor vehicle; the person designated as having
  258  care, custody, or control of the motor vehicle at the time of
  259  the violation; or a duly authorized representative of the owner,
  260  co-owner, or designated person initiates a proceeding to
  261  challenge the citation pursuant to this section, such person
  262  waives any challenge or dispute as to the delivery of the
  263  traffic citation.
  264         (b)In the case of joint ownership of a motor vehicle, the
  265  traffic citation shall be mailed to the first name appearing on
  266  the registration, unless the first name appearing on the
  267  registration is a business organization, in which case the
  268  second name appearing on the registration may be used.
  269         (c)Included with the notification to the registered owner
  270  of the motor vehicle involved in the infraction shall be a
  271  notice that the owner has a right to review, in person or
  272  remotely, the photographic or electronic images, the streaming
  273  video evidence, or evidence of the speed of the vehicle as
  274  measured by a radar speed-measuring device which constitutes a
  275  rebuttable presumption against the owner of the vehicle. The
  276  notice must state the time and place or website where the
  277  evidence may be examined and observed.
  278         (7)The owner of the motor vehicle involved in the
  279  violation is responsible and liable for paying the uniform
  280  traffic citation issued for a violation of s. 316.183, unless
  281  the owner can establish that:
  282         (a)The motor vehicle was, at the time of the violation, in
  283  the care, custody, or control of another person;
  284         (b)A uniform traffic citation was issued by law
  285  enforcement to the driver of the motor vehicle for the alleged
  286  violation of s. 316.183; or
  287         (c)The motor vehicle’s owner was deceased on or before the
  288  date that the uniform traffic citation was issued, as
  289  established by an affidavit submitted by the representative of
  290  the motor vehicle owner’s estate or other designated person or
  291  family member.
  292         (8)To establish such facts under subsection (7), the owner
  293  of the motor vehicle shall, within 30 days after the date of
  294  issuance of the traffic citation, furnish to the appropriate
  295  governmental entity an affidavit setting forth detailed
  296  information supporting an exception as provided in subsection
  297  (7).
  298         (a)An affidavit supporting an exemption under paragraph
  299  (7)(a) must include the name, address, date of birth, and, if
  300  known, the driver license number of the person who leased,
  301  rented, or otherwise had care, custody, or control of the motor
  302  vehicle at the time of the alleged violation. If the motor
  303  vehicle was stolen at the time of the alleged violation, the
  304  affidavit must include the police report indicating that the
  305  motor vehicle was stolen.
  306         (b)If a traffic citation for a violation of s. 316.183 was
  307  issued at the location of the violation by a law enforcement
  308  officer, the affidavit must include the serial number of the
  309  uniform traffic citation.
  310         (c)If the motor vehicle’s owner to whom a traffic citation
  311  has been issued is deceased, the affidavit must include a
  312  certified copy of the owner’s death certificate showing that the
  313  date of death occurred on or before the issuance of the uniform
  314  traffic citation and one of the following:
  315         1.A bill of sale or other document showing that the
  316  deceased owner’s motor vehicle was sold or transferred after his
  317  or her death, but on or before the date of the alleged
  318  violation.
  319         2.Documented proof that the registered license plate
  320  belonging to the deceased owner’s vehicle was returned to the
  321  department or any branch office or authorized agent of the
  322  department, but on or before the date of the alleged violation.
  323         3.A copy of the police report showing that the deceased
  324  owner’s registered license plate or motor vehicle was stolen
  325  after the owner’s death, but on or before the date of the
  326  alleged violation.
  327  
  328  Upon receipt of the affidavit and documentation required under
  329  this paragraph, the governmental entity must dismiss the
  330  citation and provide proof of such dismissal to the person who
  331  submitted the affidavit.
  332         (9)Upon receipt of an affidavit, the person designated as
  333  having care, custody, or control of the motor vehicle at the
  334  time of the violation may be issued a notice of violation
  335  pursuant to paragraph (2) for a violation of s. 316.183. The
  336  affidavit is admissible in a proceeding pursuant to this section
  337  for the purpose of providing proof that the person identified in
  338  the affidavit was in actual care, custody, or control of the
  339  motor vehicle. The owner of a leased vehicle for which a traffic
  340  citation is issued for a violation of s. 316.183 is not
  341  responsible for paying the traffic citation and is not required
  342  to submit an affidavit as specified in this subsection if the
  343  motor vehicle involved in the violation is registered in the
  344  name of the lessee of such motor vehicle.
  345         (10)If a county or municipality receives an affidavit
  346  under subsection (8), the notification required under subsection
  347  (2) must be sent to the person identified in the affidavit
  348  within 30 days after receipt of an affidavit.
  349         (11)The submission of a false affidavit is a misdemeanor
  350  of the second degree, punishable as provided in s. 775.082 or s.
  351  775.083.
  352         (12)The photographic or electronic images, streaming
  353  video, and measurement of the vehicle’s speed measured by a
  354  speed detection system attached to or referenced in the traffic
  355  citation are evidence of a violation of s. 316.183 and are
  356  admissible in any proceeding to enforce this section. The
  357  images, video, and evidence raise a rebuttable presumption that
  358  the motor vehicle named in the report or shown in the
  359  photographic or electronic images or streaming video evidence
  360  was used in violation of s. 316.183.
  361         (13)This section supplements the enforcement of s. 316.183
  362  by law enforcement officers and does not prohibit a law
  363  enforcement officer from issuing a traffic citation for a
  364  violation of s. 316.183.
  365         (14)A hearing under this section shall be conducted under
  366  the procedures established by s. 316.0083(5) and as follows:
  367         (a) The department shall publish and make available
  368  electronically to each county and municipality a model request
  369  for hearing form to assist each local government administering
  370  this section.
  371         (b) The county or municipality electing to authorize
  372  traffic infraction enforcement officers to issue traffic
  373  citations under subsection (6) shall designate by resolution
  374  existing staff to serve as the clerk to the local hearing
  375  officer.
  376         (c) Any person, herein referred to as the “petitioner,” who
  377  elects to request a hearing under subsection (3) shall be
  378  scheduled for a hearing by the clerk to the local hearing
  379  officer. The clerk must furnish the petitioner with notice to be
  380  sent by first-class mail. Upon receipt of the notice, the
  381  petitioner may reschedule the hearing once by submitting a
  382  written request to reschedule to the clerk to the local hearing
  383  officer at least 5 calendar days before the day of the
  384  originally scheduled hearing. The petitioner may cancel his or
  385  her appearance before the local hearing officer by paying the
  386  penalty assessed under subsection (2), plus the administrative
  387  costs established in s. 316.0083(5)(c), before the start of the
  388  hearing.
  389         (d) All testimony at the hearing shall be under oath and
  390  shall be recorded. The local hearing officer shall take
  391  testimony from a traffic infraction enforcement officer and the
  392  petitioner and may take testimony from others. The local hearing
  393  officer shall review the photographic or electronic images, the
  394  streaming video, and evidence of the speed of the vehicle
  395  measured by a speed detection system made available under
  396  paragraph (2)(b). Formal rules of evidence do not apply, but due
  397  process shall be observed and govern the proceedings.
  398         (e) At the conclusion of the hearing, the local hearing
  399  officer shall determine whether a violation under this section
  400  occurred, in which case the hearing officer shall uphold or
  401  dismiss the violation. The local hearing officer shall issue a
  402  final administrative order including the determination and, if
  403  the notice of violation is upheld, require the petitioner to pay
  404  the penalty previously assessed under subsection (2), and may
  405  also require the petitioner to pay county or municipal costs not
  406  to exceed the amount established in s. 316.0083(5)(e). The final
  407  administrative order shall be mailed to the petitioner by first
  408  class mail.
  409         (f) An aggrieved party may appeal a final administrative
  410  order consistent with the process provided under s. 162.11.
  411         Section 5. Paragraph (d) of subsection (1) and paragraph
  412  (b) of subsection (2) of section 316.1906, Florida Statutes, are
  413  amended, and subsection (3) is added to that section, to read:
  414         316.1906 Radar speed-measuring devices; evidence,
  415  admissibility.—
  416         (1) DEFINITIONS.—
  417         (d) “Officer” means any:
  418         1. “Law enforcement officer” who is elected, appointed, or
  419  employed full time by any municipality or the state or any
  420  political subdivision thereof; who is vested with the authority
  421  to bear arms and make arrests; and whose primary responsibility
  422  is the prevention and detection of crime or the enforcement of
  423  the penal, criminal, traffic, or highway laws of the state;
  424         2. “Part-time law enforcement officer” who is employed or
  425  appointed less than full time, as defined by an employing
  426  agency, with or without compensation; who is vested with
  427  authority to bear arms and make arrests; and whose primary
  428  responsibility is the prevention and detection of crime or the
  429  enforcement of the penal, criminal, traffic, or highway laws of
  430  the state; or
  431         3. “Auxiliary law enforcement officer” who is employed or
  432  appointed, with or without compensation; who aids or assists a
  433  full-time or part-time law enforcement officer; and who, while
  434  under the direct supervision of a full-time or part-time law
  435  enforcement officer, has the authority to arrest and perform law
  436  enforcement functions.
  437         4.“Traffic infraction enforcement officer” who is employed
  438  or appointed, and satisfies the requirements of s.
  439  316.640(1)(b)3., with or without compensation; and who is vested
  440  with authority to enforce s. 316.1896.
  441         (2) Evidence of the speed of a vehicle measured by any
  442  radar speed-measuring device shall be inadmissible in any
  443  proceeding with respect to an alleged violation of provisions of
  444  law regulating the lawful speed of vehicles, unless such
  445  evidence of speed is obtained by an officer who:
  446         (b) Has made an independent visual determination that the
  447  vehicle is operating in excess of the applicable speed limit. A
  448  traffic infraction enforcement officer may satisfy this
  449  subsection through a review of the video of the alleged
  450  infraction.
  451         (3)A speed detection system is exempt from the design
  452  requirements for radar units established by the Department of
  453  Highway Safety and Motor Vehicles. A speed detection system must
  454  have the ability to perform self-tests as to its detection
  455  accuracy. The system must perform a self-test at least once
  456  every 30 days. The law enforcement agency, or an agent acting on
  457  behalf of the law enforcement agency, operating a speed
  458  detection system shall maintain a log of the results of the
  459  system’s self-tests. The law enforcement agency, or agent on
  460  behalf of the law enforcement agency, operating a speed
  461  detection system shall also perform an independent calibration
  462  test on the speed detection system at least once every 12
  463  months. The self-test logs, as well as the results of the annual
  464  calibration test, are admissible in any court proceeding for a
  465  violation issued pursuant to s. 316.1896.
  466         Section 6. Paragraph (a) of subsection (3) of section
  467  316.306, Florida Statutes, is amended to read:
  468         316.306 School and work zones; prohibition on the use of a
  469  wireless communications device in a handheld manner.—
  470         (3)(a)1. A person may not operate a motor vehicle while
  471  using a wireless communications device in a handheld manner in a
  472  designated school crossing, school zone, or work zone area as
  473  defined in s. 316.003(106) s. 316.003(105). This subparagraph
  474  shall only be applicable to work zone areas if construction
  475  personnel are present or are operating equipment on the road or
  476  immediately adjacent to the work zone area. For the purposes of
  477  this paragraph, a motor vehicle that is stationary is not being
  478  operated and is not subject to the prohibition in this
  479  paragraph.
  480         2.a. During the period from October 1, 2019, through
  481  December 31, 2019, a law enforcement officer may stop motor
  482  vehicles to issue verbal or written warnings to persons who are
  483  in violation of subparagraph 1. for the purposes of informing
  484  and educating such persons of this section. This sub
  485  subparagraph shall stand repealed on October 1, 2020.
  486         b. Effective January 1, 2020, a law enforcement officer may
  487  stop motor vehicles and issue citations to persons who are
  488  driving while using a wireless communications device in a
  489  handheld manner in violation of subparagraph 1.
  490         Section 7. Paragraph (a) of subsection (5) of section
  491  316.640, Florida Statutes, is amended to read:
  492         316.640 Enforcement.—The enforcement of the traffic laws of
  493  this state is vested as follows:
  494         (5)(a) Any sheriff’s department or police department of a
  495  municipality may employ, as a traffic infraction enforcement
  496  officer, any individual who successfully completes instruction
  497  in traffic enforcement procedures and court presentation through
  498  the Selective Traffic Enforcement Program as approved by the
  499  Division of Criminal Justice Standards and Training of the
  500  Department of Law Enforcement, or through a similar program, but
  501  who does not necessarily otherwise meet the uniform minimum
  502  standards established by the Criminal Justice Standards and
  503  Training Commission for law enforcement officers or auxiliary
  504  law enforcement officers under s. 943.13. Any such traffic
  505  infraction enforcement officer who observes the commission of a
  506  traffic infraction or, in the case of a parking infraction, who
  507  observes an illegally parked vehicle may issue a traffic
  508  citation for the infraction when, based upon personal
  509  investigation, he or she has reasonable and probable grounds to
  510  believe that an offense has been committed which constitutes a
  511  noncriminal traffic infraction as defined in s. 318.14. In
  512  addition, any such traffic infraction enforcement officer may
  513  issue a traffic citation under ss. 316.0083 and 316.1896 s.
  514  316.0083. For purposes of enforcing ss. 316.0083 and 316.1896 s.
  515  316.0083, any sheriff’s department or police department of a
  516  municipality may designate employees as traffic infraction
  517  enforcement officers. The traffic infraction enforcement
  518  officers must be physically located in the county of the
  519  respective sheriff’s or police department.
  520         Section 8. Paragraphs (a) and (c) of subsection (3) of
  521  section 316.650, Florida Statutes, are amended to read:
  522         316.650 Traffic citations.—
  523         (3)(a) Except for a traffic citation issued pursuant to s.
  524  316.1001, or s. 316.0083, or s. 316.1896, each traffic
  525  enforcement officer, upon issuing a traffic citation to an
  526  alleged violator of any provision of the motor vehicle laws of
  527  this state or of any traffic ordinance of any municipality or
  528  town, shall deposit the original traffic citation or, in the
  529  case of a traffic enforcement agency that has an automated
  530  citation issuance system, the chief administrative officer shall
  531  provide by an electronic transmission a replica of the citation
  532  data to a court having jurisdiction over the alleged offense or
  533  with its traffic violations bureau within 5 days after issuance
  534  to the violator.
  535         (c) If a traffic citation is issued under s. 316.0083 or s.
  536  316.1896, the traffic infraction enforcement officer shall
  537  provide by electronic transmission a replica of the traffic
  538  citation data to the court having jurisdiction over the alleged
  539  offense or its traffic violations bureau within 5 days after the
  540  date of issuance of the traffic citation to the violator. If a
  541  hearing is requested, the traffic infraction enforcement officer
  542  shall provide a replica of the traffic notice of violation data
  543  to the clerk for the local hearing officer having jurisdiction
  544  over the alleged offense within 14 days.
  545         Section 9. Subsection (2) of section 318.14, Florida
  546  Statutes, is amended to read:
  547         318.14 Noncriminal traffic infractions; exception;
  548  procedures.—
  549         (2) Except as provided in ss. 316.1001(2), and 316.0083,
  550  and 316.1896, any person cited for a violation requiring a
  551  mandatory hearing listed in s. 318.19 or any other criminal
  552  traffic violation listed in chapter 316 must sign and accept a
  553  citation indicating a promise to appear. The officer may
  554  indicate on the traffic citation the time and location of the
  555  scheduled hearing and must indicate the applicable civil penalty
  556  established in s. 318.18. For all other infractions under this
  557  section, except for infractions under s. 316.1001, the officer
  558  must certify by electronic, electronic facsimile, or written
  559  signature that the citation was delivered to the person cited.
  560  This certification is prima facie evidence that the person cited
  561  was served with the citation.
  562         Section 10. Subsection (1) of section 655.960, Florida
  563  Statutes, is amended to read:
  564         655.960 Definitions; ss. 655.960-655.965.—As used in this
  565  section and ss. 655.961-655.965, unless the context otherwise
  566  requires:
  567         (1) “Access area” means any paved walkway or sidewalk which
  568  is within 50 feet of any automated teller machine. The term does
  569  not include any street or highway open to the use of the public,
  570  as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
  571  including any adjacent sidewalk, as defined in s. 316.003.
  572         Section 11. This act shall take effect July 1, 2021.

feedback