November 13, 2019
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_h0325__
HB 325

1
A bill to be entitled
2An act relating to uniform traffic control; creating the
3"Mark Wandall Traffic Safety Act"; amending s. 316.003,
4F.S.; defining the term "traffic infraction detector";
5creating s. 316.0083, F.S.; creating the Mark Wandall
6Traffic Safety Program to be administered by the
7Department of Transportation; requiring a county or
8municipality to enact an ordinance in order to use a
9traffic infraction detector to identify a motor vehicle
10that fails to stop at a traffic control signal steady red
11light; requiring such detectors to meet department
12contract specifications; requiring authorization of a
13traffic infraction enforcement officer or a code
14enforcement officer to issue and enforce a ticket for such
15violation; requiring signage; requiring certain public
16awareness procedures; requiring the ordinance to establish
17a fine of a certain amount; requiring the ordinance to
18provide for installing, maintaining, and operating such
19detectors on rights-of-way owned or maintained by the
20department, county, or municipality; prohibiting
21additional charges; exempting emergency vehicles;
22providing that the registered owner of the motor vehicle
23involved in the violation is responsible and liable for
24payment of the fine assessed; providing exceptions;
25providing procedures for disposition and enforcement of
26tickets; providing for a person to contest such ticket;
27providing for disposition of revenue collected; providing
28complaint procedures; providing for the Legislature to
29exclude a county or municipality from the program;
30requiring reports from participating municipalities and
31counties to the department; requiring the department to
32make reports to the Governor and the Legislature; amending
33s. 316.0745, F.S.; providing that traffic infraction
34detectors must meet certain specifications; creating s.
35316.07456, F.S.; providing for preexisting equipment;
36requiring counties and municipalities that enacted an
37ordinance to enforce red light violations or entered into
38a contract to purchase or lease equipment to enforce red
39light violations before the effective date of this act to
40charge a certain penalty amount; requiring counties or
41municipalities that have acquired such equipment pursuant
42to an agreement entered into before the effective date of
43this act to make certain payments to the state; providing
44for future expiration of such provisions; creating s.
45316.0776, F.S.; providing for placement and installation
46of detectors on the State Highway System, county roads,
47and city streets; amending s. 316.1967, F.S.; providing
48for inclusion of persons with outstanding violations in a
49list sent to the Department of Highway Safety and Motor
50Vehicles for enforcement purposes; amending s. 395.4036,
51F.S.; providing for distribution of funds to trauma
52centers, certain hospitals, certain nursing homes, and
53certain health units and programs, to be used for
54specified purposes; correcting a cross-reference;
55ratifying prior enforcement actions; providing for
56severability; providing an effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  This act may be cited as the "Mark Wandall
61Traffic Safety Act."
62     Section 2.  Subsection (86) is added to section 316.003,
63Florida Statutes, to read:
64     316.003  Definitions.--The following words and phrases,
65when used in this chapter, shall have the meanings respectively
66ascribed to them in this section, except where the context
67otherwise requires:
68     (86)  TRAFFIC INFRACTION DETECTOR.--A vehicle sensor
69installed to work in conjunction with a traffic control signal
70and a camera or cameras synchronized to automatically record two
71or more sequenced photographic or electronic images or streaming
72video of only the rear of a motor vehicle at the time the
73vehicle fails to stop behind the stop bar or clearly marked stop
74line when facing a traffic control signal steady red light. Any
75ticket issued by the use of a traffic infraction detector must
76include a photograph or other recorded image showing both the
77license tag of the offending vehicle and the traffic control
78device being violated.
79     Section 3.  Section 316.0083, Florida Statutes, is created
80to read:
81     316.0083  Mark Wandall Traffic Safety Program;
82administration; report.--
83     (1)  There is created the Mark Wandall Traffic Safety
84Program governing the operation of traffic infraction detectors.
85The program shall be administered by the Department of
86Transportation and shall include the following provisions:
87     (a)  In order to use a traffic infraction detector, a
88county or municipality must enact an ordinance that provides for
89the use of a traffic infraction detector to enforce s.
90316.075(1)(c), which requires the driver of a vehicle to stop
91the vehicle when facing a traffic control signal steady red
92light on the streets and highways under the jurisdiction of the
93county or municipality. The traffic infraction detector must
94conform to the contract specifications adopted by the Department
95of Transportation under s. 316.0776. A county or municipality
96may install such detectors on state, county, or municipal
97rights-of-way within the boundaries of that county or
98municipality. Only a municipality may install or authorize the
99installation of any such detectors within the incorporated area
100of the municipality. A municipality may authorize the state or
101county to install such detectors within its incorporated area.
102Only a county may install or authorize the installation of any
103such detectors within the unincorporated area of the county. A
104county may authorize the state to install such detectors in the
105unincorporated area of the county. A county or municipality that
106operates a traffic infraction detector must authorize a traffic
107infraction enforcement officer or a code enforcement officer to
108issue a ticket for a violation of s. 316.075(1)(c) and to
109enforce the payment of the ticket for such violation. This
110paragraph does not authorize a traffic infraction enforcement
111officer or a code enforcement officer to carry a firearm or
112other weapon and does not authorize such an officer to make
113arrests. The ordinance must require signs to be posted at
114locations designated by the county or municipality providing
115notification that a traffic infraction detector may be in use.
116Such signage must conform to the specifications adopted by the
117Department of Transportation under s. 316.0745 or must be in
118accordance with all applicable provisions of the latest edition
119of the Manual on Uniform Traffic Control Devices, part 2, signs.
120The ordinance must provide for the county or municipality to
121install, maintain, and operate traffic infraction detectors on a
122right-of-way owned or maintained by the Department of
123Transportation or on a right-of-way owned or maintained by the
124county or municipality in which the traffic infraction detector
125is to be installed. The ordinance must also require that the
126county or municipality make a public announcement and conduct a
127public awareness campaign of the proposed use of traffic
128infraction detectors at least 30 days before commencing the
129enforcement program. In addition, the ordinance must establish a
130fine of $150 to be assessed against the registered owner of a
131motor vehicle that fails to stop when facing a traffic control
132signal steady red light as determined through the use of a
133traffic infraction detector. Any other provision of law to the
134contrary notwithstanding, an additional surcharge, fee, or cost
135may not be added to the civil penalty authorized by this
136paragraph, except as provided in paragraph (g).
137     (b)  When responding to an emergency call, an emergency
138vehicle is exempt from any ordinance enacted under this section.
139     (c)  A county or municipality must adopt an ordinance under
140this section that provides for the use of a traffic infraction
141detector in order to impose a fine on the registered owner of a
142motor vehicle for a violation of s. 316.075(1)(c). The fine
143shall be imposed in the same manner and is subject to the same
144limitations as provided for parking violations under s.
145316.1967. Except as specifically provided in this section,
146chapter 318 and s. 322.27 do not apply to a violation of s.
147316.075(1)(c) for which a ticket has been issued under an
148ordinance enacted pursuant to this section. Enforcement of a
149ticket issued under the ordinance is not a conviction of the
150operator of the motor vehicle, may not be made a part of the
151driving record of the operator, and may not be used for purposes
152of setting motor vehicle insurance rates. Points under s. 322.27
153may not be assessed based upon such enforcement.
154     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
155to an ordinance enacted pursuant to this section, except that
156the ticket must contain the name and address of the person
157alleged to be liable as the registered owner of the motor
158vehicle involved in the violation, the tag number of the motor
159vehicle, the violation charged, a copy of the photographic image
160or images evidencing the violation, the location where the
161violation occurred, the date and time of the violation, and a
162signed statement by a specifically trained technician employed
163by the agency or its contractor that, based on inspection of
164photographs or other recorded images, the motor vehicle was
165being operated in violation of s. 316.075(1)(c). The ticket must
166advise the registered owner of the motor vehicle involved in the
167violation of the amount of the fine, the date by which the fine
168must be paid, and the procedure for contesting the violation
169alleged in the ticket. The ticket must contain a warning that
170failure to contest the violation in the manner and time provided
171is deemed an admission of the liability and that a default may
172be entered thereon. The violation shall be processed by the
173county or municipality that has jurisdiction over the street or
174highway where the violation occurred or by any entity authorized
175by the county or municipality to prepare and mail the ticket.
176     (e)  The ticket shall be sent by first-class or certified
177mail, addressed to the registered owner of the motor vehicle,
178and postmarked no later than 30 days after obtaining the name
179and address of the registered owner of the vehicle, but in no
180event later than 60 days after the date of the violation.
181     (f)1.  The registered owner of the motor vehicle involved
182in a violation is responsible and liable for payment of the fine
183assessed pursuant to this section unless the owner can establish
184that:
185     a.  The motor vehicle passed through the intersection in
186order to yield right-of-way to an emergency vehicle or as part
187of a funeral procession;
188     b.  The motor vehicle passed through the intersection at
189the direction of a law enforcement officer;
190     c.  The motor vehicle was stolen at the time of the alleged
191violation;
192     d.  The motor vehicle passed through the intersection
193because the driver was responding to a medical emergency; or
194     e.  A uniform traffic citation was issued to the driver of
195the motor vehicle for the alleged violation of s. 316.075(1)(c).
196     2.  In order to establish any such fact pursuant to
197subparagraph 1., the registered owner of the vehicle must,
198within 60 days after receipt of notification of the alleged
199violation, furnish to the county or municipality, as
200appropriate, an affidavit that sets forth detailed information
201supporting an exemption under subparagraph 1. For an exemption
202under sub-subparagraph 1.c., the affidavit must set forth that
203the vehicle was stolen and be accompanied by a copy of the
204police report indicating that the vehicle was stolen at the time
205of the alleged violation. For an exemption under sub-
206subparagraph 1.d, the affidavit must be accompanied by a
207supporting document from a health care facility or a medical
208doctor licensed to practice medicine in the state indicating
209that the citation was issued en route to a facility for
210emergency medical care. For an exemption under sub-subparagraph
2111.e., the affidavit must set forth that a citation was issued
212and be accompanied by a copy of the citation indicating the time
213of the alleged violation and the location of the intersection
214where it occurred.
215     (g)  A person may contest the determination that such
216person failed to stop at a traffic control signal steady red
217light as evidenced by a traffic infraction detector by electing
218to appear before any judge or locally designated official
219authorized by law to preside over an administrative hearing that
220adjudicates traffic infractions. If a hearing is requested by
221the registered owner, the notification by the issuing authority
222of a hearing date, time, and location shall be made by first
223class mail. A person who elects to appear before the judge or
224designated official to present evidence is deemed to have waived
225the limitation of civil penalties imposed for the violation. The
226judge or designated official, after hearing, shall determine
227whether the violation was committed and may impose a civil
228penalty of $150, plus court costs. The judge or designated
229official shall make a determination as to whether a red light
230violation has been committed and may impose a civil penalty of
231$150, plus court costs. Any person who fails to pay the civil
232penalty within the time allowed by the county, municipality, or
233court is deemed to have been convicted of a violation and the
234court shall take appropriate measures to enforce collection of
235the fine.
236     (h)  A certificate sworn to or affirmed by a person
237authorized under this section who is employed by or under
238contract with the county or municipality where the infraction
239occurred, or a facsimile thereof that is based upon inspection
240of photographs or other recorded images produced by a traffic
241infraction detector, is prima facie evidence of the facts
242contained in the certificate. A photograph or other recorded
243image evidencing a violation of s. 316.075(1)(c) must be
244available for inspection in any proceeding to adjudicate
245liability under an ordinance enacted pursuant to this section.
246     (i)  In any county or municipality in which tickets are
247issued as provided in this section, the names of persons who
248have one or more outstanding violations may be included on the
249list authorized under s. 316.1967(6).
250     (2)  Of the fine imposed pursuant to paragraph (1)(a) or
251paragraph (1)(g), $55 shall be remitted by the county or
252municipality to the Department of Revenue for deposit into the
253General Revenue Fund, $20 shall be remitted to the Department of
254Revenue for deposit into the Department of Health Administrative
255Trust Fund, and $75 shall be retained by the county or
256municipality enforcing the ordinance enacted pursuant to this
257section. Funds deposited into the Department of Health
258Administrative Trust Fund under this subsection shall be
259distributed as provided in s. 395.4036(1).
260     (3)  A complaint that a county or municipality is employing
261traffic infraction detectors for purposes other than the
262promotion of public health, welfare, and safety or in a manner
263inconsistent with this section may be submitted to the governing
264body of such county or municipality. Such complaints, along with
265any investigation and corrective action taken by the county or
266municipal governing body, shall be included in the annual report
267to the Department of Transportation and in that department's
268annual summary report to the Governor, the President of the
269Senate, and the Speaker of the House Representatives, as
270required by this section. Based on its review of the report, the
271Legislature may exclude a county or municipality from further
272participation in the program.
273     (4)(a)  Each county or municipality that operates a traffic
274infraction detector shall submit a biannual report to the
275Department of Transportation that details the results of using
276the traffic infraction detector and the procedures for
277enforcement.
278     (b)  The Department of Transportation shall provide a
279biannual summary report to the Governor, the President of the
280Senate, and the Speaker of the House of Representatives
281regarding the use and operation of traffic infraction detectors
282under this section. The summary report must include a review of
283the information submitted to the Department of Transportation by
284the counties and municipalities and must describe the
285enhancement of the traffic safety and enforcement programs. The
286Department of Transportation shall report its recommendations,
287including any necessary legislation, on or before December 1 of
288each even-numbered year to the Governor, the President of the
289Senate, and the Speaker of the House of Representatives.
290     Section 4.  Subsection (6) of section 316.0745, Florida
291Statutes, is amended to read:
292     316.0745  Uniform signals and devices.--
293     (6)  Any system of traffic control devices controlled and
294operated from a remote location by electronic computers or
295similar devices must shall meet all requirements established for
296the uniform system, and, if where such a system affects systems
297affect the movement of traffic on state roads, the design of the
298system must shall be reviewed and approved by the Department of
299Transportation.
300     Section 5.  Section 316.07456, Florida Statutes, is created
301to read:
302     316.07456  Grandfather clause.--
303     (1)  Any traffic infraction detector deployed on the
304streets and highways of the state must meet the contract
305specifications established by the Department of Transportation
306and must be tested at regular intervals according to procedures
307prescribed by that department.
308     (2)  Notwithstanding any provision of law to the contrary,
309nothing in this act shall prohibit any county or municipality
310from using red light traffic enforcement devices of any type or
311from enforcing violations of s. 316.074(1) or s. 316.075(1)(c)
312or other red light traffic enforcement ordinances if such county
313or municipality has enacted an ordinance to enforce red light
314violations or has entered into a contract to purchase or lease
315equipment to enforce red light violations before the effective
316date of this act.
317     (3)  Of the fine imposed pursuant to s. 316.0083(1)(a) or
318(g), $55 shall be remitted by the county or municipality to the
319Department of Revenue for deposit into the General Revenue Fund,
320$20 shall be remitted to the Department of Revenue for deposit
321into the Department of Health Administrative Trust Fund, and $75
322shall be retained by the county or municipality enforcing the
323ordinance enacted pursuant to this section. Funds deposited into
324the Department of Health Administrative Trust Fund under this
325subsection shall be distributed as provided in s. 395.4036(1).
326     (4)  This section expires 1 year after the Department of
327Transportation's final adoption of specifications or on July 1,
3282015, whichever occurs first.
329     Section 6.  Section 316.0776, Florida Statutes, is created
330to read:
331     316.0776  Traffic infraction detectors; placement and
332installation.--Placement and installation of traffic infraction
333detectors is allowed on the State Highway System, county roads,
334and city streets pursuant to specifications developed by the
335Department of Transportation included in the handbook addressing
336material and equipment connections to the state electrical
337signal boxes and placement of signs on state equipment to
338protect the safety and operation of the traffic along roadways.
339     Section 7.  Subsection (6) of section 316.1967, Florida
340Statutes, is amended to read:
341     316.1967  Liability for payment of parking ticket
342violations and other parking violations.--
343     (6)  Any county or municipality may provide by ordinance
344that the clerk of the court or the traffic violations bureau
345shall supply the department with a magnetically encoded computer
346tape reel or cartridge or send by other electronic means data
347which is machine readable by the installed computer system at
348the department, listing persons who have three or more
349outstanding parking violations, including violations of s.
350316.1955, or who have one or more outstanding tickets for a
351violation of a traffic control signal steady red light
352indication issued pursuant to an ordinance adopted under s.
353316.0083. Each county shall provide by ordinance that the clerk
354of the court or the traffic violations bureau shall supply the
355department with a magnetically encoded computer tape reel or
356cartridge or send by other electronic means data that is machine
357readable by the installed computer system at the department,
358listing persons who have any outstanding violations of s.
359316.0083 or s. 316.1955 or any similar local ordinance that
360regulates parking in spaces designated for use by persons who
361have disabilities. The department shall mark the appropriate
362registration records of persons who are so reported. Section
363320.03(8) applies to each person whose name appears on the list.
364     Section 8.  Subsections (1) and (2) of section 395.4036,
365Florida Statutes, are amended to read:
366     395.4036  Trauma payments.--
367     (1)  Recognizing the Legislature's stated intent to provide
368financial support to the current verified trauma centers and to
369provide incentives for the establishment of additional trauma
370centers as part of a system of state-sponsored trauma centers,
371the department shall use utilize funds collected under ss.
372316.0083 and s. 318.18 and deposited into the Administrative
373Trust Fund of the department to ensure the availability and
374accessibility of trauma and emergency services throughout the
375state as provided in this subsection.
376     (a)  Funds collected under ss. 316.0083 and s. 318.18(15)
377shall be distributed as follows:
378     1.  Eighteen percent of the total funds collected under s.
379316.0083 and 20 Twenty percent of the total funds collected
380under s. 318.18(15) during the state fiscal year shall be
381distributed to verified trauma centers that have a local funding
382contribution as of December 31. Distribution of funds under this
383subparagraph shall be based on trauma caseload volume for the
384most recent calendar year available.
385     2.  Thirty-eight percent of the total funds collected under
386s. 316.0083 and 40 Forty percent of the total funds collected
387under s. 318.18(15) shall be distributed to verified trauma
388centers based on trauma caseload volume for the most recent
389calendar year available. The determination of caseload volume
390for distribution of funds under this subparagraph shall be based
391on the department's Trauma Registry data.
392     3.  Thirty-eight percent of the total funds collected under
393s. 316.0083 and 40 Forty percent of the total funds collected
394under s. 318.18(15) shall be distributed to verified trauma
395centers based on severity of trauma patients for the most recent
396calendar year available. The determination of severity for
397distribution of funds under this subparagraph shall be based on
398the department's International Classification Injury Severity
399Scores or another statistically valid and scientifically
400accepted method of stratifying a trauma patient's severity of
401injury, risk of mortality, and resource consumption as adopted
402by the department by rule, weighted based on the costs
403associated with and incurred by the trauma center in treating
404trauma patients. The weighting of scores shall be established by
405the department by rule.
406     4.  Three percent of the total funds collected under s.
407316.0083 shall be distributed to public hospitals that qualify
408for distributions under s. 409.911(4), that are not verified
409trauma centers but are located in trauma service areas, as
410defined under s. 395.402, and that do not have a verified trauma
411center based on their proportionate number of emergency room
412visits on an annual basis. The Agency for Health Care
413Administration shall provide the department with a list of
414public hospitals and emergency room visits.
415     5.  Three percent of the total funds collected under s.
416316.0083 shall be distributed equally to crisis stabilization
417units, rural health initiatives, and community-based support
418programs that provide support and services for individuals who
419have sustained a traumatic brain injury.
420     (b)  Funds collected under s. 318.18(5)(c) and (20) (19)
421shall be distributed as follows:
422     1.  Thirty percent of the total funds collected shall be
423distributed to Level II trauma centers operated by a public
424hospital governed by an elected board of directors as of
425December 31, 2008.
426     2.  Thirty-five percent of the total funds collected shall
427be distributed to verified trauma centers based on trauma
428caseload volume for the most recent calendar year available. The
429determination of caseload volume for distribution of funds under
430this subparagraph shall be based on the department's Trauma
431Registry data.
432     3.  Thirty-five percent of the total funds collected shall
433be distributed to verified trauma centers based on severity of
434trauma patients for the most recent calendar year available. The
435determination of severity for distribution of funds under this
436subparagraph shall be based on the department's International
437Classification Injury Severity Scores or another statistically
438valid and scientifically accepted method of stratifying a trauma
439patient's severity of injury, risk of mortality, and resource
440consumption as adopted by the department by rule, weighted based
441on the costs associated with and incurred by the trauma center
442in treating trauma patients. The weighting of scores shall be
443established by the department by rule.
444     (2)  Funds deposited in the department's Administrative
445Trust Fund for verified trauma centers may be used to maximize
446the receipt of federal funds that may be available for such
447trauma centers and nontrauma center public hospitals.
448Notwithstanding this section and s. 318.14, distributions to
449trauma centers may be adjusted in a manner to ensure that total
450payments to trauma centers represent the same proportional
451allocation as set forth in this section and s. 318.14. For
452purposes of this section and s. 318.14, total funds distributed
453to trauma centers may include revenue from the Administrative
454Trust Fund and federal funds for which revenue from the
455Administrative Trust Fund is used to meet state or local
456matching requirements. Funds collected under ss. 318.14,
457316.0083, and 318.18 and deposited in the Administrative Trust
458Fund of the department shall be distributed to trauma centers
459and nontrauma center public hospitals on a quarterly basis using
460the most recent calendar year data available. Such data shall
461not be used for more than four quarterly distributions unless
462there are extenuating circumstances as determined by the
463department, in which case the most recent calendar year data
464available shall continue to be used and appropriate adjustments
465shall be made as soon as the more recent data becomes available.
466     Section 9.  This act recognizes, validates, and ratifies
467any enforcement action taken by a county or municipality using a
468traffic infraction detector that is installed until 1 year after
469the Department of Transportation's final specifications are
470adopted, including any and all civil fines, penalties, fees, and
471costs collected pursuant to such enforcement action.
472     Section 10.  If any provision of this act or its
473application to any person or circumstance is held invalid, the
474invalidity shall not affect other provisions or applications of
475this act which can be given effect without the invalid provision
476or application, and to this end the provisions of this act are
477declared severable.
478     Section 11.  This act shall take effect upon becoming a
479law.


CODING: Words stricken are deletions; words underlined are additions.
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