November 18, 2019
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CS/CS/HB 325

1
A bill to be entitled
2An act relating to uniform traffic control; providing a
3short title; amending s. 316.003, F.S.; defining the term
4"traffic infraction detector"; creating s. 316.0076, F.S.;
5preempting to the state the use of cameras to enforce
6traffic laws; amending s. 316.008, F.S.; authorizing
7counties and municipalities to use traffic infraction
8detectors under certain circumstances; creating s.
9316.0083, F.S.; creating the Mark Wandall Traffic Safety
10Program; authorizing the Department of Highway Safety and
11Motor Vehicles, a county, or a municipality to use a
12traffic infraction detector to identify a motor vehicle
13that fails to stop at a traffic control signal steady red
14light; requiring authorization of a traffic infraction
15enforcement officer to issue and enforce a citation for
16such violation; requiring notification to be sent to the
17registered owner of the motor vehicle involved in the
18violation; requiring the notification to include certain
19information about the owner's right to review evidence;
20providing requirements for the notification; providing for
21collection of penalties; providing for distribution of
22penalties collected; prohibiting a traffic infraction
23enforcement officer from receiving a commission from any
24revenue collected from violations detected through the use
25of a traffic infraction detector; providing procedures for
26issuance, disposition, and enforcement of citations;
27providing for exemptions; providing that certain evidence
28is admissible for enforcement; providing penalties for
29submission of a false affidavit; prohibiting the use of
30such detectors to enforce a violation when a driver fails
31to stop prior to making a right or left turn; providing
32that the act does not preclude the issuance of citations
33by law enforcement officers; requiring reports from
34participating municipalities and counties to the
35department; requiring the department to make reports to
36the Governor and Legislature; amending s. 316.0745, F.S.;
37revising a provision that requires certain remotely
38operated traffic control devices to meet certain
39specifications; creating s. 316.07456, F.S.; requiring
40traffic infraction detectors to meet specifications
41established by the Department of Transportation; providing
42that a traffic infraction detector acquired by purchase,
43lease, or other arrangement under an agreement entered
44into by a county or municipality on or before a specified
45date is not required to meet the established
46specifications until a specified date; creating s.
47316.0776, F.S.; providing for the placement and
48installation of detectors on certain roads when permitted
49by and under the specifications of the department;
50requiring that if the state, county, or municipality
51installs a traffic infraction detector at an intersection,
52the state, county, or municipality shall notify the public
53that a traffic infraction device may be in use at that
54intersection; requiring that such signage posted at the
55intersection meet the specifications for uniform signals
56and devices adopted by the Department of Transportation;
57requiring that traffic infraction detectors meet
58specifications established by the Department of
59Transportation; requiring a public awareness campaign if
60such detectors are to be used; amending s. 316.640, F.S.;
61requiring the Department of Transportation to develop
62training and qualification standards for traffic
63infraction enforcement officers; authorizing counties and
64municipalities to use independent contractors as traffic
65infraction enforcement officers; amending s. 316.650,
66F.S.; requiring a traffic enforcement officer to provide
67to the court a replica of the citation data by electronic
68transmission under certain conditions; amending s. 318.14,
69F.S.; providing an exception from provisions requiring a
70person cited for an infraction for failing to stop at a
71traffic control signal steady red light to sign and accept
72a citation indicating a promise to appear; amending s.
73318.18, F.S.; increasing certain fines; providing for
74penalties for infractions enforced by a traffic infraction
75enforcement officer; providing for distribution of fines;
76allowing the clerk of court to dismiss certain cases upon
77receiving documentation that the uniform traffic citation
78was issued in error; prohibiting the receipt of
79commissions by traffic infraction enforcement officers;
80creating s. 321.50, F.S.; authorizing the Department of
81Highway Safety and Motor Vehicles to use traffic
82infraction detectors under certain circumstances; amending
83s. 322.27, F.S.; providing that no points may be assessed
84against the driver's license for infractions enforced by a
85traffic infraction enforcement officer; providing that
86infractions enforced by a traffic infraction enforcement
87officer may not be used for purposes of setting motor
88vehicle insurance rates; providing for severability;
89providing an effective date.
90
91Be It Enacted by the Legislature of the State of Florida:
92
93     Section 1.  This act may be cited as the "Mark Wandall
94Traffic Safety Act."
95     Section 2.  Subsection (86) is added to section 316.003,
96Florida Statutes, to read:
97     316.003  Definitions.-The following words and phrases, when
98used in this chapter, shall have the meanings respectively
99ascribed to them in this section, except where the context
100otherwise requires:
101     (86)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
102installed to work in conjunction with a traffic control signal
103and a camera or cameras synchronized to automatically record two
104or more sequenced photographic or electronic images or streaming
105video of only the rear of a motor vehicle at the time the
106vehicle fails to stop behind the stop bar or clearly marked stop
107line when facing a traffic control signal steady red light. Any
108notification under s. 316.0083(1)(b) or traffic citation issued
109by the use of a traffic infraction detector must include a
110photograph or other recorded image showing both the license tag
111of the offending vehicle and the traffic control device being
112violated.
113     Section 3.  Section 316.0076, Florida Statutes, is created
114to read:
115     316.0076  Regulation and use of cameras.-Regulation of the
116use of cameras for enforcing the provisions of this chapter is
117expressly preempted to the state. The regulation of the use of
118cameras for enforcing the provisions of this chapter is not
119required to comply with provisions of chapter 493.
120     Section 4.  Subsection (7) is added to section 316.008,
121Florida Statutes, to read:
122     316.008  Powers of local authorities.-
123     (7)(a)  A county or municipality may use traffic infraction
124detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
125driver fails to stop at a traffic signal on streets and highways
126under their jurisdiction under s. 316.0083. Only a municipality
127may install or authorize the installation of any such detectors
128within the incorporated area of the municipality. Only a county
129may install or authorize the installation of any such detectors
130within the unincorporated area of the county.
131     (b)  A county or municipality may use traffic infraction
132detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
133driver fails to stop at a traffic signal on state roads under
134the original jurisdiction of the Department of Transportation
135when permitted by the Department of Transportation and under s.
136316.0083. Only a municipality may install or authorize the
137installation of any such detectors within the incorporated area
138of the municipality. Only a county may install or authorize the
139installation of any such detectors within the unincorporated
140area of the county.
141     Section 5.  Section 316.0083, Florida Statutes, is created
142to read:
143     316.0083  Mark Wandall Traffic Safety Program;
144administration; report.-
145     (1)(a)  For purposes of administering this section, the
146department, a county, or a municipality may authorize a traffic
147infraction enforcement officer under s. 316.640 to issue a
148traffic citation for a violation of s. 316.074(1) or s.
149316.075(1)(c)1. This paragraph does not prohibit a review of
150information from a traffic infraction detector by an authorized
151employee or agent of the department, county, or municipality
152prior to issuing a traffic citation by a traffic infraction
153enforcement officer. This paragraph does not prohibit the
154department, county, or municipality from issuing a notification
155to the registered owner of the motor vehicle involved in the
156violation of s. 316.074(1) or s. 316.075(1)(c)1.
157     (b)1.a.  Within 30 days after the violation, a notification
158must be sent to the registered owner of the motor vehicle
159involved in the violation specifying the remedies available
160under s. 318.18(15) and that the violator may make payment of
161the $150 penalty to the department, county, or municipality
162within 30 days after the date of the notification in order to
163avoid court fees, costs, and the issuance of a traffic citation.
164The notification may be sent by first class or certified mail.
165     b.  Included with the notification to the registered owner
166of the motor vehicle involved in the infraction shall be a
167notice that the owner has the right to review, either in person
168or remotely, the photographic or electronic images or the
169streaming video evidence that constitutes a rebuttable
170presumption against the owner of the vehicle. The notice must
171state the time and place and Internet location where the
172evidence may be examined and observed.
173     2.  Penalties assessed and collected by the department,
174county, or municipality authorized to collect the funds provided
175for in this paragraph, less the amount retained by the county or
176municipality pursuant to subparagraph 3., shall be paid into the
177State Treasury weekly. Payment by the department, county, or
178municipality to the state shall be made by means of electronic
179funds transfers. A county or municipality shall only pay to the
180State Treasury that portion of the funds not to be retained by
181the county or municipality pursuant to subparagraph 3.
182     3.  Penalties to be assessed and collected by the
183department, county, or municipality are as follows:
184     a.  One hundred and fifty dollars for a violation of s.
185316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
186stop at a traffic signal if enforcement is by the department's
187traffic infraction enforcement officer. Seventy-five dollars
188shall be deposited into the General Revenue Fund, $25 shall be
189remitted to the Department of Revenue for deposit into the
190Department of Health Administrative Trust Fund, and $50 shall be
191distributed to the county or municipality in which the violation
192occurred. Funds deposited into the Department of Health
193Administrative Trust Fund under this sub-subparagraph shall be
194distributed as provided in s. 395.4036(1).
195     b.  One hundred and fifty dollars for a violation of s.
196316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
197stop at a traffic signal if enforcement is by a county or
198municipal traffic infraction enforcement officer. Fifty dollars
199shall be remitted by the county or municipality to the
200Department of Revenue for deposit into the General Revenue Fund,
201$25 shall be remitted to the Department of Revenue for deposit
202into the Department of Health Administrative Trust Fund, and $75
203shall be retained by the county or municipality enforcing the
204ordinance enacted pursuant to this section. Funds deposited into
205the Department of Health Administrative Trust Fund under this
206sub-subparagraph shall be distributed as provided in s.
207395.4036(1).
208     4.  A traffic infraction enforcement officer may not
209receive a commission from any revenue collected from violations
210of a traffic infraction detector.
211     (c)1.a.  A traffic citation issued under this section shall
212be issued by mailing the traffic citation by certified mail to
213the address of the registered owner of the motor vehicle
214involved in the violation when payment has not been made within
21530 days after notification under subparagraph (b)1.
216     b.  Receipt of the traffic citation constitutes
217notification under this paragraph.
218     c.  In the case of joint ownership of a motor vehicle, the
219traffic citation shall be mailed to the first name appearing on
220the registration, unless the first name appearing on the
221registration is a business organization, in which case the
222second name appearing on the registration may be used.
223     d.  The traffic citation shall be mailed to the registered
224owner of the motor vehicle involved in the violation no later
225than 60 days after the date of the violation.
226     2.  Included with the notification to the registered owner
227of the motor vehicle involved in the infraction shall be a
228notice that the owner has the right to review, either in person
229or remotely, the photographic or electronic images or the
230streaming video evidence that constitutes a rebuttable
231presumption against the owner of the vehicle. The notice must
232state the time and place and Internet location where the
233evidence may be examined and observed.
234     (d)1.  The owner of the motor vehicle involved in the
235violation is responsible and liable for paying the uniform
236traffic citation issued for a violation of s. 316.074(1) or s.
237316.075(1)(c)1. when the driver failed to stop at a traffic
238signal, unless the owner can establish that:
239     a.  The motor vehicle passed through the intersection in
240order to yield right-of-way to an emergency vehicle or as part
241of a funeral procession;
242     b.  The motor vehicle passed through the intersection at
243the direction of a law enforcement officer;
244     c.  The motor vehicle was, at the time of the violation, in
245the care, custody, or control of another person; or
246     d.  A uniform traffic citation was issued by a law
247enforcement officer to the driver of the motor vehicle for the
248alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
249     2.  In order to establish such facts, the owner of the
250motor vehicle shall, within 30 days after the date of issuance
251of the traffic citation, furnish to the appropriate governmental
252entity an affidavit setting forth detailed information
253supporting an exemption as provided in this paragraph.
254     a.  An affidavit supporting an exemption under sub-
255subparagraph 1.c. must include the name, address, date of birth,
256and, if known, the driver's license number of the person who
257leased, rented, or otherwise had care, custody, or control of
258the motor vehicle at the time of the alleged violation. If the
259vehicle was stolen at the time of the alleged offense, the
260affidavit must include the police report indicating that the
261vehicle was stolen.
262     b.  If a traffic citation for a violation of s. 316.074(1)
263or s. 316.075(1)(c)1. was issued at the location of the
264violation by a law enforcement officer, the affidavit must
265include the serial number of the uniform traffic citation.
266     3.  Upon receipt of an affidavit, the person designated as
267having care, custody, and control of the motor vehicle at the
268time of the violation may be issued a traffic citation for a
269violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
270failed to stop at a traffic signal. The affidavit is admissible
271in a proceeding pursuant to this section for the purpose of
272providing proof that the person identified in the affidavit was
273in actual care, custody, or control of the motor vehicle. The
274owner of a leased vehicle for which a traffic citation is issued
275for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
276driver failed to stop at a traffic signal is not responsible for
277paying the traffic citation and is not required to submit an
278affidavit as specified in this subsection if the motor vehicle
279involved in the violation is registered in the name of the
280lessee of such motor vehicle.
281     4.  The submission of a false affidavit is a misdemeanor of
282the second degree, punishable as provided in s. 775.082 or s.
283775.083.
284     (e)  The photographic or electronic images or streaming
285video attached to the traffic citation is evidence that a
286violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
287failed to stop at a traffic signal has occurred and is
288admissible in any proceeding to enforce this section and raises
289a rebuttable presumption that the motor vehicle named in the
290report or shown in the photographic or electronic images or
291streaming video evidence was used in violation of s. 316.074(1)
292or s. 316.075(1)(c)1. when the driver failed to stop at a
293traffic signal.
294     (2)  Violations of s. 316.074(1) or s. 316.075(1)(c)1. when
295a driver fails to stop at a traffic signal prior to making a
296right or left turn, where such turns are allowed, may not be
297enforced by the use of a traffic infraction detector.
298     (3)  This section supplements the enforcement of s.
299316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
300when a driver fails to stop at a traffic signal and does not
301prohibit a law enforcement officer from issuing a traffic
302citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
303when a driver fails to stop at a traffic signal in accordance
304with normal traffic enforcement techniques.
305     (4)(a)  Each county or municipality that operates a traffic
306infraction detector shall submit a report by October 1, 2012,
307and annually thereafter, to the department which details the
308results of using the traffic infraction detector and the
309procedures for enforcement for the preceding state fiscal year.
310The information submitted by the counties and municipalities
311must include statistical data and information required by the
312department to complete the report required under paragraph (b).
313     (b)  On or before December 31, 2012, and annually
314thereafter, the department shall provide a summary report to the
315Governor, the President of the Senate, and the Speaker of the
316House of Representatives regarding the use and operation of
317traffic infraction detectors under this section, along with the
318department's recommendations and any necessary legislation. The
319summary report must include a review of the information
320submitted to the department by the counties and municipalities
321and must describe the enhancement of the traffic safety and
322enforcement programs.
323     Section 6.  Subsection (6) of section 316.0745, Florida
324Statutes, is amended to read:
325     316.0745  Uniform signals and devices.-
326     (6)  Any system of traffic control devices controlled and
327operated from a remote location by electronic computers or
328similar devices must shall meet all requirements established for
329the uniform system, and, if where such a system affects systems
330affect the movement of traffic on state roads, the design of the
331system shall be reviewed and approved by the Department of
332Transportation.
333     Section 7.  Section 316.07456, Florida Statutes, is created
334to read:
335     316.07456  Transitional implementation.-Any traffic
336infraction detector deployed on the highways, streets, and roads
337of this state must meet specifications established by the
338Department of Transportation and must be tested at regular
339intervals according to procedures prescribed by the Department
340of Transportation. However, any such equipment acquired by
341purchase, lease, or other arrangement under an agreement entered
342into by a county or municipality on or before October 1, 2011,
343or equipment used to enforce an ordinance enacted by a county or
344municipality on or before October 1, 2010, is not required to
345meet the specifications established by the Department of
346Transportation until July 1, 2011, or 180 days after the
347issuance of the specifications, whichever occurs last.
348     Section 8.  Section 316.0776, Florida Statutes, is created
349to read:
350     316.0776  Traffic infraction detectors; placement and
351installation.-
352     (1)  Traffic infraction detectors are allowed on state
353roads when permitted by the Department of Transportation and
354under placement and installation specifications developed by the
355Department of Transportation. Traffic infraction detectors are
356allowed on streets and highways under the jurisdiction of
357counties or municipalities and under placement and installation
358specifications developed by the Department of Transportation.
359     (2)(a)  If the department, county, or municipality installs
360a traffic infraction detector at an intersection, the
361department, county, or municipality shall notify the public that
362a traffic infraction device may be in use at that intersection
363and must specifically include notification of camera enforcement
364of violations concerning right turns. Such signage used to
365notify the public must meet the specifications for uniform
366signals and devices adopted by the Department of Transportation
367pursuant to s. 316.0745.
368     (b)  If the department, county, or municipality begins a
369traffic infraction detector program in a county or municipality
370that has never conducted such a program, the respective
371department, county, or municipality shall also make a public
372announcement and conduct a public awareness campaign of the
373proposed use of traffic infraction detectors at least 30 days
374before commencing the enforcement program.
375     Section 9.  Paragraph (b) of subsection (1) and subsection
376(5) of section 316.640, Florida Statutes, are amended to read:
377     316.640  Enforcement.-The enforcement of the traffic laws
378of this state is vested as follows:
379     (1)  STATE.-
380     (b)1.  The Department of Transportation has authority to
381enforce on all the streets and highways of this state all laws
382applicable within its authority.
383     2.a.  The Department of Transportation shall develop
384training and qualifications standards for toll enforcement
385officers whose sole authority is to enforce the payment of tolls
386pursuant to s. 316.1001. Nothing in this subparagraph shall be
387construed to permit the carrying of firearms or other weapons,
388nor shall a toll enforcement officer have arrest authority.
389     b.  For the purpose of enforcing s. 316.1001, governmental
390entities, as defined in s. 334.03, which own or operate a toll
391facility may employ independent contractors or designate
392employees as toll enforcement officers; however, any such toll
393enforcement officer must successfully meet the training and
394qualifications standards for toll enforcement officers
395established by the Department of Transportation.
396     3.  For the purpose of enforcing s. 316.0083, the
397department may employ independent contractors or designate
398employees as traffic infraction enforcement officers. A traffic
399infraction enforcement officer must successfully complete
400instruction in traffic enforcement procedures and court
401presentation through the Selective Traffic Enforcement Program
402as approved by the Division of Criminal Justice Standards and
403Training of the Department of Law Enforcement, or through a
404similar program, but may not necessarily otherwise meet the
405uniform minimum standards established by the Criminal Justice
406Standards and Training Commission for law enforcement officers
407or auxiliary law enforcement officers under s. 943.13. This
408subparagraph does not authorize the carrying of firearms or
409other weapons by a traffic infraction enforcement officer and
410does not authorize a traffic infraction enforcement officer to
411make arrests. The department's traffic infraction enforcement
412officers must be physically located in the state.
413     (5)(a)  Any sheriff's department or police department of a
414municipality may employ, as a traffic infraction enforcement
415officer, any individual who successfully completes instruction
416in traffic enforcement procedures and court presentation through
417the Selective Traffic Enforcement Program as approved by the
418Division of Criminal Justice Standards and Training of the
419Department of Law Enforcement, or through a similar program, but
420who does not necessarily otherwise meet the uniform minimum
421standards established by the Criminal Justice Standards and
422Training Commission for law enforcement officers or auxiliary
423law enforcement officers under s. 943.13. Any such traffic
424infraction enforcement officer who observes the commission of a
425traffic infraction or, in the case of a parking infraction, who
426observes an illegally parked vehicle may issue a traffic
427citation for the infraction when, based upon personal
428investigation, he or she has reasonable and probable grounds to
429believe that an offense has been committed which constitutes a
430noncriminal traffic infraction as defined in s. 318.14. In
431addition, any such traffic infraction enforcement officer may
432issue a traffic citation under s. 316.0083. For purposes of
433enforcing s. 316.0083, any sheriff's department or police
434department of a municipality may employ independent contractors
435or designate employees as traffic infraction enforcement
436officers. The traffic infraction enforcement officers must be
437physically located in the county of the respective sheriff's or
438police department.
439     (b)  The traffic infraction enforcement officer shall be
440employed in relationship to a selective traffic enforcement
441program at a fixed location or as part of a crash investigation
442team at the scene of a vehicle crash or in other types of
443traffic infraction enforcement under the direction of a fully
444qualified law enforcement officer; however, it is not necessary
445that the traffic infraction enforcement officer's duties be
446performed under the immediate supervision of a fully qualified
447law enforcement officer.
448     (c)  This subsection does not permit the carrying of
449firearms or other weapons, nor do traffic infraction enforcement
450officers have arrest authority other than the authority to issue
451a traffic citation as provided in this subsection.
452     Section 10.  Subsection (3) of section 316.650, Florida
453Statutes, is amended to read:
454     316.650  Traffic citations.-
455     (3)(a)  Except for a traffic citation issued pursuant to s.
456316.1001 or s. 316.0083, each traffic enforcement officer, upon
457issuing a traffic citation to an alleged violator of any
458provision of the motor vehicle laws of this state or of any
459traffic ordinance of any municipality or town, shall deposit the
460original traffic citation or, in the case of a traffic
461enforcement agency that has an automated citation issuance
462system, the chief administrative officer shall provide by an
463electronic transmission a replica of the citation data to a
464court having jurisdiction over the alleged offense or with its
465traffic violations bureau within 5 days after issuance to the
466violator.
467     (b)  If a traffic citation is issued pursuant to s.
468316.1001, a traffic enforcement officer may deposit the original
469traffic citation or, in the case of a traffic enforcement agency
470that has an automated citation system, may provide by an
471electronic transmission a replica of the citation data to a
472court having jurisdiction over the alleged offense or with its
473traffic violations bureau within 45 days after the date of
474issuance of the citation to the violator. If the person cited
475for the violation of s. 316.1001 makes the election provided by
476s. 318.14(12) and pays the $25 fine, or such other amount as
477imposed by the governmental entity owning the applicable toll
478facility, plus the amount of the unpaid toll that is shown on
479the traffic citation directly to the governmental entity that
480issued the citation, or on whose behalf the citation was issued,
481in accordance with s. 318.14(12), the traffic citation will not
482be submitted to the court, the disposition will be reported to
483the department by the governmental entity that issued the
484citation, or on whose behalf the citation was issued, and no
485points will be assessed against the person's driver's license.
486     (c)  If a traffic citation is issued under s. 316.0083, the
487traffic infraction enforcement officer shall provide by
488electronic transmission a replica of the traffic citation data
489to the court having jurisdiction over the alleged offense or its
490traffic violations bureau within 5 days after the date of
491issuance of the traffic citation to the violator.
492     Section 11.  Subsection (2) of section 318.14, Florida
493Statutes, is amended to read:
494     318.14  Noncriminal traffic infractions; exception;
495procedures.-
496     (2)  Except as provided in ss. s. 316.1001(2) and 316.0083,
497any person cited for an infraction under this section must sign
498and accept a citation indicating a promise to appear. The
499officer may indicate on the traffic citation the time and
500location of the scheduled hearing and must indicate the
501applicable civil penalty established in s. 318.18.
502     Section 12.  Subsection (15) of section 318.18, Florida
503Statutes, is amended to read:
504     318.18  Amount of penalties.-The penalties required for a
505noncriminal disposition pursuant to s. 318.14 or a criminal
506offense listed in s. 318.17 are as follows:
507     (15)(a)  One hundred and fifty twenty-five dollars for a
508violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
509has failed to stop at a traffic signal. Sixty dollars shall be
510distributed as provided in s. 318.21, $25 shall be distributed
511to the General Revenue Fund, and the remaining $65 shall be
512remitted to the Department of Revenue for deposit into the
513Administrative Trust Fund of the Department of Health.
514     (b)  One hundred and fifty dollars for a violation of s.
515316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
516stop at a traffic signal if enforced by a traffic infraction
517enforcement officer pursuant to s. 316.0083. Moneys collected
518pursuant to enforcement under s. 316.0083 shall be distributed
519as provided in that section.
520     (c)  If a person who is cited for a violation of s.
521316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
522infraction enforcement officer under s. 316.0083, presents
523documentation from the appropriate governmental entity that the
524traffic citation was in error, the clerk of court may dismiss
525the case. The clerk of court shall not charge for this service.
526     (d)  A traffic infraction enforcement officer may not
527receive a commission from any revenue collected from violations
528detected through the use of a traffic infraction detector.
529     (e)  Funds deposited into the Department of Health
530Administrative Trust Fund under this subsection shall be
531distributed as provided in s. 395.4036(1).
532     Section 13.  Section 321.50, Florida Statutes, is created
533to read:
534     321.50  Authorization to use traffic infraction detectors.-
535The Department of Highway Safety and Motor Vehicles is
536authorized to use traffic infraction detectors to enforce s.
537316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on
538state roads as defined in chapter 316 which are under the
539original jurisdiction of the Department of Transportation, when
540permitted by the Department of Transportation, and under s.
541316.0083.
542     Section 14.  Paragraph (d) of subsection (3) of section
543322.27, Florida Statutes, is amended to read:
544     322.27  Authority of department to suspend or revoke
545license.-
546     (3)  There is established a point system for evaluation of
547convictions of violations of motor vehicle laws or ordinances,
548and violations of applicable provisions of s. 403.413(6)(b) when
549such violations involve the use of motor vehicles, for the
550determination of the continuing qualification of any person to
551operate a motor vehicle. The department is authorized to suspend
552the license of any person upon showing of its records or other
553good and sufficient evidence that the licensee has been
554convicted of violation of motor vehicle laws or ordinances, or
555applicable provisions of s. 403.413(6)(b), amounting to 12 or
556more points as determined by the point system. The suspension
557shall be for a period of not more than 1 year.
558     (d)  The point system shall have as its basic element a
559graduated scale of points assigning relative values to
560convictions of the following violations:
561     1.  Reckless driving, willful and wanton-4 points.
562     2.  Leaving the scene of a crash resulting in property
563damage of more than $50-6 points.
564     3.  Unlawful speed resulting in a crash-6 points.
565     4.  Passing a stopped school bus-4 points.
566     5.  Unlawful speed:
567     a.  Not in excess of 15 miles per hour of lawful or posted
568speed-3 points.
569     b.  In excess of 15 miles per hour of lawful or posted
570speed-4 points.
571     6.  A violation of a traffic control signal device as
572provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
573However, no points shall be imposed for a violation of s.
574316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
575stop at a traffic signal and when enforced by a traffic
576infraction enforcement officer. In addition, a violation of s.
577316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
578stop at a traffic signal and when enforced by a traffic
579infraction enforcement officer may not be used for purposes of
580setting motor vehicle insurance rates.
581     7.  All other moving violations (including parking on a
582highway outside the limits of a municipality)-3 points. However,
583no points shall be imposed for a violation of s. 316.0741 or s.
584316.2065(12).
585     8.  Any moving violation covered above, excluding unlawful
586speed, resulting in a crash-4 points.
587     9.  Any conviction under s. 403.413(6)(b)-3 points.
588     10.  Any conviction under s. 316.0775(2)-4 points.
589     Section 15.  If any provision of this act or its
590application to any person or circumstance is held invalid, the
591invalidity does not affect other provisions or applications of
592this act which can be given effect without the invalid provision
593or application, and to this end the provisions of this act are
594severable.
595     Section 16.  This act shall take effect July 1, 2010.


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