November 21, 2019
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CS/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 a right-of-way owned or maintained by the
20Department of Transportation or on a right-of-way or area
21owned, leased, or maintained by the county or municipality
22in which the traffic infraction detector is to be
23installed; prohibiting additional charges; exempting
24emergency vehicles; providing that the registered owner of
25the motor vehicle involved in the violation is responsible
26and liable for payment of the fine assessed; providing
27exceptions; providing procedures for disposition and
28enforcement of tickets; providing for a person to contest
29such ticket; providing for disposition of revenue
30collected; providing complaint procedures; providing for
31the Legislature to exclude a county or municipality from
32the program; requiring reports from participating
33municipalities and counties to the department; requiring
34the department to make reports to the Governor and the
35Legislature; amending s. 316.0745, F.S.; providing that
36traffic infraction detectors must meet certain
37specifications; creating s. 316.07456, F.S.; providing for
38preexisting equipment; requiring counties and
39municipalities that enacted an ordinance to enforce red
40light violations or entered into a contract to purchase or
41lease equipment to enforce red light violations before the
42effective date of this act to charge a certain penalty
43amount; requiring counties or municipalities that have
44acquired such equipment pursuant to an agreement entered
45into before the effective date of this act to make certain
46payments to the state; providing for future expiration of
47such provisions; creating s. 316.0776, F.S.; providing for
48placement and installation of detectors on the State
49Highway System, county roads, city streets, and leased
50areas; amending s. 316.1967, F.S., relating to liability
51for payment of parking ticket violations and other
52violations; providing for inclusion of persons with
53outstanding violations in a list sent to the Department of
54Highway Safety and Motor Vehicles for enforcement
55purposes; amending s. 395.4036, F.S.; providing for
56distribution of funds to trauma centers, certain
57hospitals, certain nursing homes, and certain health units
58and programs, to be used for specified purposes;
59correcting a cross-reference; exempting such funds from
60specified audit provisions; ratifying prior enforcement
61actions; providing for severability; providing an
62effective date.
63
64Be It Enacted by the Legislature of the State of Florida:
65
66     Section 1.  This act may be cited as the "Mark Wandall
67Traffic Safety Act."
68     Section 2.  Subsection (86) is added to section 316.003,
69Florida Statutes, to read:
70     316.003  Definitions.-The following words and phrases, when
71used in this chapter, shall have the meanings respectively
72ascribed to them in this section, except where the context
73otherwise requires:
74     (86)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
75installed to work in conjunction with a traffic control signal
76and a camera or cameras synchronized to automatically record two
77or more sequenced photographic or electronic images or streaming
78video of only the rear of a motor vehicle at the time the
79vehicle fails to stop behind the stop bar or clearly marked stop
80line when facing a traffic control signal steady red light. Any
81ticket issued by the use of a traffic infraction detector must
82include a photograph or other recorded image showing both the
83license tag of the offending vehicle and the traffic control
84device being violated.
85     Section 3.  Section 316.0083, Florida Statutes, is created
86to read:
87     316.0083  Mark Wandall Traffic Safety Program;
88administration; report.-
89     (1)  There is created the Mark Wandall Traffic Safety
90Program governing the operation of traffic infraction detectors.
91The program shall be administered by the Department of
92Transportation and shall include the following provisions:
93     (a)  In order to use a traffic infraction detector, a
94county or municipality must enact an ordinance that provides for
95the use of a traffic infraction detector to enforce s.
96316.075(1)(c), which requires the driver of a vehicle to stop
97the vehicle when facing a traffic control signal steady red
98light on the streets and highways under the jurisdiction of the
99county or municipality. The traffic infraction detector must
100conform to the contract specifications adopted by the Department
101of Transportation under s. 316.0776. A county or municipality
102may install such detectors within the boundaries of the county
103or municipality on rights-of-way owned or maintained by the
104Department of Transportation or on rights-of-way or areas owned,
105leased, or maintained by that county or municipality. Only a
106municipality may install or authorize the installation of any
107such detectors within the incorporated area of the municipality.
108A municipality may authorize the state or county to install such
109detectors within its incorporated area. Only a county may
110install or authorize the installation of any such detectors
111within the unincorporated area of the county. A county may
112authorize the state to install such detectors in the
113unincorporated area of the county. A county or municipality that
114operates a traffic infraction detector must authorize a traffic
115infraction enforcement officer or a code enforcement officer to
116issue a ticket for a violation of s. 316.075(1)(c) and to
117enforce the payment of the ticket for such violation. This
118paragraph does not authorize a traffic infraction enforcement
119officer or a code enforcement officer to carry a firearm or
120other weapon and does not authorize such an officer to make
121arrests. The ordinance must require signs to be posted at
122locations designated by the county or municipality providing
123notification that a traffic infraction detector may be in use.
124Such signage must conform to the specifications adopted by the
125Department of Transportation under s. 316.0745 or must be in
126accordance with all applicable provisions of the latest edition
127of the Manual on Uniform Traffic Control Devices, part 2, signs.
128The ordinance must provide for the county or municipality to
129install, maintain, and operate traffic infraction detectors
130within the boundaries of the county or municipality on rights-
131of-way owned or maintained by the Department of Transportation
132or on rights-of-way or areas owned, leased, or maintained by
133that county or municipality. The ordinance must also require
134that the county or municipality make a public announcement and
135conduct a public awareness campaign of the proposed use of
136traffic infraction detectors at least 30 days before commencing
137the enforcement program. In addition, the ordinance must
138establish a fine of $155 to be assessed against the registered
139owner of a motor vehicle that fails to stop when facing a
140traffic control signal steady red light as determined through
141the use of a traffic infraction detector. Any other provision of
142law to the contrary notwithstanding, an additional surcharge,
143fee, or cost may not be added to the civil penalty authorized by
144this paragraph, except as provided in paragraph (g).
145     (b)  When responding to an emergency call, an emergency
146vehicle is exempt from any ordinance enacted under this section.
147     (c)  A county or municipality must adopt an ordinance under
148this section that provides for the use of a traffic infraction
149detector in order to impose a fine on the registered owner of a
150motor vehicle for a violation of s. 316.075(1)(c). The fine
151shall be imposed in the same manner and is subject to the same
152limitations as provided for parking violations under s.
153316.1967. Except as specifically provided in this section,
154chapter 318 and s. 322.27 do not apply to a violation of s.
155316.075(1)(c) for which a ticket has been issued under an
156ordinance enacted pursuant to this section. Enforcement of a
157ticket issued under the ordinance is not a conviction of the
158operator of the motor vehicle, may not be made a part of the
159driving record of the operator, and may not be used for purposes
160of setting motor vehicle insurance rates. Points under s. 322.27
161may not be assessed based upon such enforcement.
162     (d)  The procedures set forth in s. 316.1967(2)-(5) apply
163to an ordinance enacted pursuant to this section, except that
164the ticket must contain the name and address of the person
165alleged to be liable as the registered owner of the motor
166vehicle involved in the violation, the tag number of the motor
167vehicle, the violation charged, a copy of the photographic image
168or images evidencing the violation, the location where the
169violation occurred, the date and time of the violation, and a
170signed statement by a specifically trained technician employed
171by the agency or its contractor that, based on inspection of
172photographs or other recorded images, the motor vehicle was
173being operated in violation of s. 316.075(1)(c). The ticket must
174advise the registered owner of the motor vehicle involved in the
175violation of the amount of the fine, the date by which the fine
176must be paid, and the procedure for contesting the violation
177alleged in the ticket. The ticket must contain a warning that
178failure to contest the violation in the manner and time provided
179is deemed an admission of the liability and that a default may
180be entered thereon. The violation shall be processed by the
181county or municipality that has jurisdiction over the street or
182highway where the violation occurred or by any entity authorized
183by the county or municipality to prepare and mail the ticket.
184     (e)  The ticket shall be sent by first-class or certified
185mail, addressed to the registered owner of the motor vehicle,
186and postmarked no later than 30 days after obtaining the name
187and address of the registered owner of the vehicle, but in no
188event later than 60 days after the date of the violation.
189     (f)1.  The registered owner of the motor vehicle involved
190in a violation is responsible and liable for payment of the fine
191assessed pursuant to this section unless the owner can establish
192that:
193     a.  The motor vehicle passed through the intersection in
194order to yield right-of-way to an emergency vehicle or as part
195of a funeral procession;
196     b.  The motor vehicle passed through the intersection at
197the direction of a law enforcement officer;
198     c.  The motor vehicle was stolen at the time of the alleged
199violation; or
200     d.  A uniform traffic citation was issued to the driver of
201the motor vehicle for the alleged violation of s. 316.075(1)(c).
202     2.  In order to establish any such fact pursuant to
203subparagraph 1., the registered owner of the vehicle must,
204within 60 days after receipt of notification of the alleged
205violation, furnish to the county or municipality, as
206appropriate, an affidavit that sets forth detailed information
207supporting an exemption under subparagraph 1. For an exemption
208under sub-subparagraph 1.c., the affidavit must set forth that
209the vehicle was stolen and be accompanied by a copy of the
210police report indicating that the vehicle was stolen at the time
211of the alleged violation. For an exemption under sub-
212subparagraph 1.d., the affidavit must set forth that a citation
213was issued and be accompanied by a copy of the citation
214indicating the time of the alleged violation and the location of
215the intersection where it occurred.
216     (g)  A registered owner may contest the determination that
217such person failed to stop at a traffic control signal steady
218red light as evidenced by a traffic infraction detector by
219electing to appear before any judge or locally designated
220official authorized by law to preside over an administrative
221hearing that adjudicates traffic infractions. If a hearing is
222requested by the registered owner, the notification by the
223issuing authority of a hearing date, time, and location shall be
224made by first class mail. A person who elects to appear before
225the judge or designated official to present evidence is deemed
226to have waived the limitation of civil penalties imposed for the
227violation. The judge or designated official shall make a
228determination as to whether a red light violation has been
229committed and may impose a civil penalty not to exceed $155,
230plus court costs. Any person who fails to pay the civil penalty
231within the time allowed by the county, municipality, or court is
232deemed to have been convicted of a violation and the court shall
233take appropriate measures to enforce collection of the fine.
234     (h)  A certificate sworn to or affirmed by a person
235authorized under this section who is employed by or under
236contract with the county or municipality where the infraction
237occurred, or a facsimile thereof that is based upon inspection
238of photographs or other recorded images produced by a traffic
239infraction detector, is prima facie evidence of the facts
240contained in the certificate. A photograph or other recorded
241image evidencing a violation of s. 316.075(1)(c) must be
242available for inspection in any proceeding to adjudicate
243liability under an ordinance enacted pursuant to this section.
244     (i)  In any county or municipality in which tickets are
245issued as provided in this section, the names of persons who
246have one or more outstanding violations may be included on the
247list authorized under s. 316.1967(6).
248     (2)  Of the fine imposed and collected pursuant to
249paragraph (1)(a) or paragraph (1)(g), $55 shall be remitted by
250the county or municipality to the Department of Revenue for
251deposit into the General Revenue Fund, $25 shall be remitted to
252the Department of Revenue for deposit into the Department of
253Health Administrative Trust Fund, and $75 shall be retained by
254the county or municipality enforcing the ordinance enacted
255pursuant to this section. Funds deposited into the Department of
256Health Administrative Trust Fund under this subsection shall be
257distributed as provided in s. 395.4036(1).
258     (3)  A complaint that a county or municipality is employing
259traffic infraction detectors for purposes other than the
260promotion of public health, welfare, and safety or in a manner
261inconsistent with this section may be submitted to the governing
262body of such county or municipality. Such complaints, along with
263any investigation and corrective action taken by the county or
264municipal governing body, shall be included in the biannual
265report to the Department of Transportation and in that
266department's biannual summary report to the Governor, the
267President of the Senate, and the Speaker of the House
268Representatives, as required by this section. Based on its
269review of the report, the Legislature may exclude a county or
270municipality from further participation in the program.
271     (4)(a)  Each county or municipality that operates a traffic
272infraction detector shall submit a biannual report to the
273Department of Transportation that details the results of using
274the traffic infraction detector and the procedures for
275enforcement.
276     (b)  The Department of Transportation shall provide a
277biannual summary report to the Governor, the President of the
278Senate, and the Speaker of the House of Representatives
279regarding the use and operation of traffic infraction detectors
280under this section. The summary report must include a review of
281the information submitted to the Department of Transportation by
282the counties and municipalities and must describe the
283enhancement of the traffic safety and enforcement programs. The
284Department of Transportation shall report its recommendations,
285including any necessary legislation, on or before December 1 of
286each even-numbered year to the Governor, the President of the
287Senate, and the Speaker of the House of Representatives.
288     Section 4.  Subsection (6) of section 316.0745, Florida
289Statutes, is amended to read:
290     316.0745  Uniform signals and devices.-
291     (6)  Any system of traffic control devices controlled and
292operated from a remote location by electronic computers or
293similar devices must shall meet all requirements established for
294the uniform system, and, if where such a system affects systems
295affect the movement of traffic on state roads, the design of the
296system must shall be reviewed and approved by the Department of
297Transportation.
298     Section 5.  Section 316.07456, Florida Statutes, is created
299to read:
300     316.07456  Grandfather clause.-
301     (1)  Any traffic infraction detector deployed on the
302streets and highways of the state must meet the contract
303specifications established by the Department of Transportation
304and must be tested at regular intervals according to procedures
305prescribed by that department.
306     (2)  Notwithstanding any provision of law to the contrary,
307nothing in this act shall prohibit any county or municipality
308from using red light traffic enforcement devices of any type or
309from enforcing violations of s. 316.074(1) or s. 316.075(1)(c)
310or other red light traffic enforcement ordinances if such county
311or municipality has enacted an ordinance to enforce red light
312violations or has entered into a contract to purchase or lease
313equipment to enforce red light violations before the effective
314date of this act.
315     (3)  Of the fine imposed and collected pursuant to s.
316316.0083(1)(a) or (g), $55 shall be remitted by the county or
317municipality to the Department of Revenue for deposit into the
318General Revenue Fund, $25 shall be remitted to the Department of
319Revenue for deposit into the Department of Health Administrative
320Trust Fund, and $75 shall be retained by the county or
321municipality enforcing the ordinance enacted pursuant to this
322section. Funds deposited into the Department of Health
323Administrative Trust Fund under this subsection shall be
324distributed as provided in s. 395.4036(1).
325     (4)  This section expires 1 year after the Department of
326Transportation's final adoption of specifications or on July 1,
3272015, whichever occurs first.
328     Section 6.  Section 316.0776, Florida Statutes, is created
329to read:
330     316.0776  Traffic infraction detectors; placement and
331installation.-Placement and installation of traffic infraction
332detectors is allowed on the State Highway System, county roads,
333city streets, and leased areas pursuant to specifications
334developed by the Department of Transportation, included in the
335handbook addressing material and equipment connections to the
336state electrical signal boxes and placement of signs on state
337equipment to protect the safety and operation of the traffic
338along 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.  Section 395.4036, Florida Statutes, is amended
365to 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.  Five dollars of each fine collected under s. 316.0083
379shall be distributed equally among all children's crisis
380stabilization units and rural health initiatives.
381     2.  Fourteen percent of the total funds, after the
382deduction under subparagraph 1., which were collected under s.
383316.0083 shall be distributed to the Miami Project to Cure
384Paralysis for brain and spinal cord injury.
385     3.  Three percent of the total funds, after the deduction
386under subparagraph 1., which were collected under s. 316.0083
387shall be distributed equally to community-based support programs
388that provide support and services for individuals who have
389sustained a traumatic brain injury.
390     4.1.  Eighteen percent of the total funds, after the
391deduction under subparagraph 1., which were collected under s.
392316.0083 and 20 Twenty percent of the total funds collected
393under s. 318.18(15) during the state fiscal year shall be
394distributed to verified trauma centers that have a local funding
395contribution as of December 31. Distribution of funds under this
396subparagraph shall be based on trauma caseload volume for the
397most recent calendar year available.
398     5.2.  Thirty percent of the total funds, after the
399deduction under subparagraph 1., which were collected under s.
400316.0083 and 40 Forty percent of the total funds collected under
401s. 318.18(15) shall be distributed to verified trauma centers
402based on trauma caseload volume for the most recent calendar
403year available. The determination of caseload volume for
404distribution of funds under this subparagraph shall be based on
405the department's Trauma Registry data.
406     6.3.  Thirty-two percent of the total funds, after the
407deduction under subparagraph 1., which were collected under s.
408316.0083 and 40 Forty percent of the total funds collected under
409s. 318.18(15) shall be distributed to verified trauma centers
410based on severity of trauma patients for the most recent
411calendar year available. The determination of severity for
412distribution of funds under this subparagraph shall be based on
413the department's International Classification Injury Severity
414Scores or another statistically valid and scientifically
415accepted method of stratifying a trauma patient's severity of
416injury, risk of mortality, and resource consumption as adopted
417by the department by rule, weighted based on the costs
418associated with and incurred by the trauma center in treating
419trauma patients. The weighting of scores shall be established by
420the department by rule.
421     7.  Three percent of the total funds, after the deduction
422under subparagraph 1., which were collected under s. 316.0083
423shall be distributed to public hospitals that qualify for
424distributions under s. 409.911(4), that are not verified trauma
425centers but are located in trauma service areas, as defined
426under s. 395.402, and that do not have a verified trauma center
427based on their proportionate number of emergency room visits on
428an annual basis. The Agency for Health Care Administration shall
429provide the department with a list of public hospitals and
430emergency room visits.
431     (b)  Funds collected under s. 318.18(5)(c) and (20) (19)
432shall be distributed as follows:
433     1.  Thirty percent of the total funds collected shall be
434distributed to Level II trauma centers operated by a public
435hospital governed by an elected board of directors as of
436December 31, 2008.
437     2.  Thirty-five percent of the total funds collected shall
438be distributed to verified trauma centers based on trauma
439caseload volume for the most recent calendar year available. The
440determination of caseload volume for distribution of funds under
441this subparagraph shall be based on the department's Trauma
442Registry data.
443     3.  Thirty-five percent of the total funds collected shall
444be distributed to verified trauma centers based on severity of
445trauma patients for the most recent calendar year available. The
446determination of severity for distribution of funds under this
447subparagraph shall be based on the department's International
448Classification Injury Severity Scores or another statistically
449valid and scientifically accepted method of stratifying a trauma
450patient's severity of injury, risk of mortality, and resource
451consumption as adopted by the department by rule, weighted based
452on the costs associated with and incurred by the trauma center
453in treating trauma patients. The weighting of scores shall be
454established by the department by rule.
455     (2)  Funds deposited in the department's Administrative
456Trust Fund for verified trauma centers and nontrauma center
457public hospitals may be used to maximize the receipt of federal
458funds that may be available for such trauma centers and
459nontrauma center public hospitals. Notwithstanding this section
460and s. 318.14, distributions to trauma centers and nontrauma
461center public hospitals may be adjusted in a manner to ensure
462that total payments to trauma centers and nontrauma center
463public hospitals represent the same proportional allocation as
464set forth in this section and s. 318.14. For purposes of this
465section and s. 318.14, total funds distributed to trauma centers
466and nontrauma center public hospitals may include revenue from
467the Administrative Trust Fund and federal funds for which
468revenue from the Administrative Trust Fund is used to meet state
469or local matching requirements. Funds collected under ss.
470318.14, 316.0083, and 318.18 and deposited in the Administrative
471Trust Fund of the department shall be distributed to trauma
472centers and nontrauma center public hospitals on a quarterly
473basis using the most recent calendar year data available. Such
474data shall not be used for more than four quarterly
475distributions unless there are extenuating circumstances as
476determined by the department, in which case the most recent
477calendar year data available shall continue to be used and
478appropriate adjustments shall be made as soon as the more recent
479data becomes available.
480     (3)  Funds distributed under this section are not subject
481to the provisions of s. 215.97.
482     (a)  Any trauma center not subject to audit pursuant to s.
483215.97 shall annually attest, under penalties of perjury, that
484such proceeds were used in compliance with law. The annual
485attestation shall be made in a form and format determined by the
486department. The annual attestation shall be submitted to the
487department for review within 9 months after the end of the
488organization's fiscal year.
489     (b)  Any trauma center subject to audit pursuant to s.
490215.97 shall submit an audit report in accordance with rules
491adopted by the Auditor General.
492     (4)  The department, working with the Agency for Health
493Care Administration, shall maximize resources for trauma
494services wherever possible.
495     Section 9.  This act recognizes, validates, and ratifies
496any enforcement action taken by a county or municipality using a
497traffic infraction detector that was previously or is currently
498installed until 1 year after the Department of Transportation's
499final specifications are adopted, including any and all civil
500fines, penalties, fees, and costs collected pursuant to such
501enforcement action.
502     Section 10.  If any provision of this act or its
503application to any person or circumstance is held invalid, the
504invalidity shall not affect other provisions or applications of
505this act which can be given effect without the invalid provision
506or application, and to this end the provisions of this act are
507declared severable.
508     Section 11.  This act shall take effect upon becoming a
509law.


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