Bill Text: FL S1542 | 2012 | Regular Session | Introduced


Bill Title: Traffic Infraction Detectors

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Transportation [S1542 Detail]

Download: Florida-2012-S1542-Introduced.html
       Florida Senate - 2012                                    SB 1542
       
       
       
       By Senator Evers
       
       
       
       
       2-01013E-12                                           20121542__
    1                        A bill to be entitled                      
    2         An act relating to traffic infraction detectors;
    3         amending s. 316.003, F.S.; revising the definition of
    4         “traffic infraction detector” to remove requirements
    5         for issuance of notifications and citations; repealing
    6         ss. 316.008(8), 316.0083, 316.00831, and 321.50, F.S.,
    7         relating to the installation and use of traffic
    8         infraction detectors to enforce specified provisions
    9         when a driver fails to stop at a traffic signal;
   10         removing provisions that authorize the Department of
   11         Highway Safety and Motor Vehicles, a county, or a
   12         municipality to use such detectors; repealing s.
   13         316.07456, F.S., relating to transitional
   14         implementation of such detectors; repealing s.
   15         316.0776, F.S., relating to placement and installation
   16         of traffic infraction detectors; amending ss. 316.640,
   17         316.650, 318.14, 318.18, and 322.27, F.S., relating to
   18         enforcement by such detectors, procedures for
   19         disposition of citations, penalties, and distribution
   20         of proceeds; conforming provisions to changes made by
   21         the act; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (87) of section 316.003, Florida
   26  Statutes, is amended to read:
   27         316.003 Definitions.—The following words and phrases, when
   28  used in this chapter, shall have the meanings respectively
   29  ascribed to them in this section, except where the context
   30  otherwise requires:
   31         (87) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
   32  installed to work in conjunction with a traffic control signal
   33  and a camera or cameras synchronized to automatically record two
   34  or more sequenced photographic or electronic images or streaming
   35  video of only the rear of a motor vehicle at the time the
   36  vehicle fails to stop behind the stop bar or clearly marked stop
   37  line when facing a traffic control signal steady red light. Any
   38  notification under s. 316.0083(1)(b) or traffic citation issued
   39  by the use of a traffic infraction detector must include a
   40  photograph or other recorded image showing both the license tag
   41  of the offending vehicle and the traffic control device being
   42  violated.
   43         Section 2. Subsection (8) of section 316.008, Florida
   44  Statutes, is repealed.
   45         Section 3. Section 316.0083, Florida Statutes, is repealed.
   46         Section 4. Section 316.00831, Florida Statutes, is
   47  repealed.
   48         Section 5. Section 316.07456, Florida Statutes, is
   49  repealed.
   50         Section 6. Section 316.0776, Florida Statutes, is repealed.
   51         Section 7. Section 321.50, Florida Statutes, is repealed.
   52         Section 8. Paragraph (b) of subsection (1) and paragraph
   53  (a) of subsection (5) of section 316.640, Florida Statutes, are
   54  amended to read:
   55         316.640 Enforcement.—The enforcement of the traffic laws of
   56  this state is vested as follows:
   57         (1) STATE.—
   58         (b)1. The Department of Transportation has authority to
   59  enforce on all the streets and highways of this state all laws
   60  applicable within its authority.
   61         2.a. The Department of Transportation shall develop
   62  training and qualifications standards for toll enforcement
   63  officers whose sole authority is to enforce the payment of tolls
   64  pursuant to s. 316.1001. Nothing in this subparagraph shall be
   65  construed to permit the carrying of firearms or other weapons,
   66  nor shall a toll enforcement officer have arrest authority.
   67         b. For the purpose of enforcing s. 316.1001, governmental
   68  entities, as defined in s. 334.03, which own or operate a toll
   69  facility may employ independent contractors or designate
   70  employees as toll enforcement officers; however, any such toll
   71  enforcement officer must successfully meet the training and
   72  qualifications standards for toll enforcement officers
   73  established by the Department of Transportation.
   74         3. For the purpose of enforcing s. 316.0083, the department
   75  may designate employees as traffic infraction enforcement
   76  officers. A traffic infraction enforcement officer must
   77  successfully complete instruction in traffic enforcement
   78  procedures and court presentation through the Selective Traffic
   79  Enforcement Program as approved by the Division of Criminal
   80  Justice Standards and Training of the Department of Law
   81  Enforcement, or through a similar program, but may not
   82  necessarily otherwise meet the uniform minimum standards
   83  established by the Criminal Justice Standards and Training
   84  Commission for law enforcement officers or auxiliary law
   85  enforcement officers under s. 943.13. This subparagraph does not
   86  authorize the carrying of firearms or other weapons by a traffic
   87  infraction enforcement officer and does not authorize a traffic
   88  infraction enforcement officer to make arrests. The department’s
   89  traffic infraction enforcement officers must be physically
   90  located in the state.
   91         (5)(a) Any sheriff’s department or police department of a
   92  municipality may employ, as a traffic infraction enforcement
   93  officer, any individual who successfully completes instruction
   94  in traffic enforcement procedures and court presentation through
   95  the Selective Traffic Enforcement Program as approved by the
   96  Division of Criminal Justice Standards and Training of the
   97  Department of Law Enforcement, or through a similar program, but
   98  who does not necessarily otherwise meet the uniform minimum
   99  standards established by the Criminal Justice Standards and
  100  Training Commission for law enforcement officers or auxiliary
  101  law enforcement officers under s. 943.13. Any such traffic
  102  infraction enforcement officer who observes the commission of a
  103  traffic infraction or, in the case of a parking infraction, who
  104  observes an illegally parked vehicle may issue a traffic
  105  citation for the infraction when, based upon personal
  106  investigation, he or she has reasonable and probable grounds to
  107  believe that an offense has been committed which constitutes a
  108  noncriminal traffic infraction as defined in s. 318.14. In
  109  addition, any such traffic infraction enforcement officer may
  110  issue a traffic citation under s. 316.0083. For purposes of
  111  enforcing s. 316.0083, any sheriff’s department or police
  112  department of a municipality may designate employees as traffic
  113  infraction enforcement officers. The traffic infraction
  114  enforcement officers must be physically located in the county of
  115  the respective sheriff’s or police department.
  116         Section 9. Paragraphs (a) and (c) of subsection (3) of
  117  section 316.650, Florida Statutes, are amended to read:
  118         316.650 Traffic citations.—
  119         (3)(a) Except for a traffic citation issued pursuant to s.
  120  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  121  issuing a traffic citation to an alleged violator of any
  122  provision of the motor vehicle laws of this state or of any
  123  traffic ordinance of any municipality or town, shall deposit the
  124  original traffic citation or, in the case of a traffic
  125  enforcement agency that has an automated citation issuance
  126  system, the chief administrative officer shall provide by an
  127  electronic transmission a replica of the citation data to a
  128  court having jurisdiction over the alleged offense or with its
  129  traffic violations bureau within 5 days after issuance to the
  130  violator.
  131         (c) If a traffic citation is issued under s. 316.0083, the
  132  traffic infraction enforcement officer shall provide by
  133  electronic transmission a replica of the traffic citation data
  134  to the court having jurisdiction over the alleged offense or its
  135  traffic violations bureau within 5 days after the date of
  136  issuance of the traffic citation to the violator.
  137         Section 10. Subsection (2) of section 318.14, Florida
  138  Statutes, is amended to read:
  139         318.14 Noncriminal traffic infractions; exception;
  140  procedures.—
  141         (2) Except as provided in s. ss. 316.1001(2) and 316.0083,
  142  any person cited for a violation requiring a mandatory hearing
  143  listed in s. 318.19 or any other criminal traffic violation
  144  listed in chapter 316 must sign and accept a citation indicating
  145  a promise to appear. The officer may indicate on the traffic
  146  citation the time and location of the scheduled hearing and must
  147  indicate the applicable civil penalty established in s. 318.18.
  148  For all other infractions under this section, except for
  149  infractions under s. 316.1001, the officer must certify by
  150  electronic, electronic facsimile, or written signature that the
  151  citation was delivered to the person cited. This certification
  152  is prima facie evidence that the person cited was served with
  153  the citation.
  154         Section 11. Subsection (15) of section 318.18, Florida
  155  Statutes, is amended to read:
  156         318.18 Amount of penalties.—The penalties required for a
  157  noncriminal disposition pursuant to s. 318.14 or a criminal
  158  offense listed in s. 318.17 are as follows:
  159         (15)(a)1. One hundred and fifty-eight dollars for a
  160  violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  161  has failed to stop at a traffic signal and when enforced by a
  162  law enforcement officer. Sixty dollars shall be distributed as
  163  provided in s. 318.21, $30 shall be distributed to the General
  164  Revenue Fund, $3 shall be remitted to the Department of Revenue
  165  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  166  and the remaining $65 shall be remitted to the Department of
  167  Revenue for deposit into the Administrative Trust Fund of the
  168  Department of Health.
  169         2. One hundred and fifty-eight dollars for a violation of
  170  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  171  stop at a traffic signal and when enforced by the department’s
  172  traffic infraction enforcement officer. One hundred dollars
  173  shall be remitted to the Department of Revenue for deposit into
  174  the General Revenue Fund, $45 shall be distributed to the county
  175  for any violations occurring in any unincorporated areas of the
  176  county or to the municipality for any violations occurring in
  177  the incorporated boundaries of the municipality in which the
  178  infraction occurred, $10 shall be remitted to the Department of
  179  Revenue for deposit into the Department of Health Administrative
  180  Trust Fund for distribution as provided in s. 395.4036(1), and
  181  $3 shall be remitted to the Department of Revenue for deposit
  182  into the Brain and Spinal Cord Injury Trust Fund.
  183         3. One hundred and fifty-eight dollars for a violation of
  184  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  185  stop at a traffic signal and when enforced by a county’s or
  186  municipality’s traffic infraction enforcement officer. Seventy
  187  five dollars shall be distributed to the county or municipality
  188  issuing the traffic citation, $70 shall be remitted to the
  189  Department of Revenue for deposit into the General Revenue Fund,
  190  $10 shall be remitted to the Department of Revenue for deposit
  191  into the Department of Health Administrative Trust Fund for
  192  distribution as provided in s. 395.4036(1), and $3 shall be
  193  remitted to the Department of Revenue for deposit into the Brain
  194  and Spinal Cord Injury Trust Fund.
  195         (b) Amounts deposited into the Brain and Spinal Cord Injury
  196  Trust Fund pursuant to this subsection shall be distributed
  197  quarterly to the Miami Project to Cure Paralysis and shall be
  198  used for brain and spinal cord research.
  199         (c) If a person who is cited for a violation of s.
  200  316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
  201  infraction enforcement officer under s. 316.0083, presents
  202  documentation from the appropriate governmental entity that the
  203  traffic citation was in error, the clerk of court may dismiss
  204  the case. The clerk of court shall not charge for this service.
  205         (d) An individual may not receive a commission or per
  206  ticket fee from any revenue collected from violations detected
  207  through the use of a traffic infraction detector. A manufacturer
  208  or vendor may not receive a fee or remuneration based upon the
  209  number of violations detected through the use of a traffic
  210  infraction detector.
  211         (e) Funds deposited into the Department of Health
  212  Administrative Trust Fund under this subsection shall be
  213  distributed as provided in s. 395.4036(1).
  214         Section 12. Paragraph (d) of subsection (3) of section
  215  322.27, Florida Statutes, is amended to read:
  216         322.27 Authority of department to suspend or revoke
  217  license.—
  218         (3) There is established a point system for evaluation of
  219  convictions of violations of motor vehicle laws or ordinances,
  220  and violations of applicable provisions of s. 403.413(6)(b) when
  221  such violations involve the use of motor vehicles, for the
  222  determination of the continuing qualification of any person to
  223  operate a motor vehicle. The department is authorized to suspend
  224  the license of any person upon showing of its records or other
  225  good and sufficient evidence that the licensee has been
  226  convicted of violation of motor vehicle laws or ordinances, or
  227  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  228  more points as determined by the point system. The suspension
  229  shall be for a period of not more than 1 year.
  230         (d) The point system shall have as its basic element a
  231  graduated scale of points assigning relative values to
  232  convictions of the following violations:
  233         1. Reckless driving, willful and wanton—4 points.
  234         2. Leaving the scene of a crash resulting in property
  235  damage of more than $50—6 points.
  236         3. Unlawful speed resulting in a crash—6 points.
  237         4. Passing a stopped school bus—4 points.
  238         5. Unlawful speed:
  239         a. Not in excess of 15 miles per hour of lawful or posted
  240  speed—3 points.
  241         b. In excess of 15 miles per hour of lawful or posted
  242  speed—4 points.
  243         6. A violation of a traffic control signal device as
  244  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  245  However, no points shall be imposed for a violation of s.
  246  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  247  stop at a traffic signal and when enforced by a traffic
  248  infraction enforcement officer. In addition, a violation of s.
  249  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  250  stop at a traffic signal and when enforced by a traffic
  251  infraction enforcement officer may not be used for purposes of
  252  setting motor vehicle insurance rates.
  253         7. All other moving violations (including parking on a
  254  highway outside the limits of a municipality)—3 points. However,
  255  no points shall be imposed for a violation of s. 316.0741 or s.
  256  316.2065(12); and points shall be imposed for a violation of s.
  257  316.1001 only when imposed by the court after a hearing pursuant
  258  to s. 318.14(5).
  259         8. Any moving violation covered above, excluding unlawful
  260  speed, resulting in a crash—4 points.
  261         9. Any conviction under s. 403.413(6)(b)—3 points.
  262         10. Any conviction under s. 316.0775(2)—4 points.
  263         Section 13. This act shall take effect upon becoming a law.

feedback