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 316.1896s.514316.0083. For purposes of enforcing ss. 316.0083 and 316.1896s.515316.0083, 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,ors. 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),and316.0083, 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.