November 12, 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; providing that an individual may not
23receive a commission or per-ticket fee from any revenue
24collected from violations detected through the use of a
25traffic infraction detector and a manufacturer or vendor
26may not receive a fee or remuneration based upon the
27number of citations issued providing procedures for
28issuance, disposition, and enforcement of citations;
29providing for exemptions; providing that certain evidence
30is admissible for enforcement; providing penalties for
31submission of a false affidavit; prohibiting the use of
32such detectors to enforce a violation when a driver fails
33to stop prior to making a right or left turn; providing
34that the act does not preclude the issuance of citations
35by law enforcement officers; requiring reports from
36participating municipalities and counties to the
37department; requiring the department to make reports to
38the Governor and Legislature; amending s. 316.0745, F.S.;
39revising a provision that requires certain remotely
40operated traffic control devices to meet certain
41specifications; creating s. 316.07456, F.S.; requiring
42traffic infraction detectors to meet specifications
43established by the Department of Transportation; providing
44that a traffic infraction detector acquired by purchase,
45lease, or other arrangement under an agreement entered
46into by a county or municipality on or before a specified
47date is not required to meet the established
48specifications until a specified date; creating s.
49316.0776, F.S.; providing for the placement and
50installation of detectors on certain roads when permitted
51by and under the specifications of the department;
52requiring that if the state, county, or municipality
53installs a traffic infraction detector at an intersection,
54the state, county, or municipality shall notify the public
55that a traffic infraction device may be in use at that
56intersection; requiring that such signage posted at the
57intersection meet the specifications for uniform signals
58and devices adopted by the Department of Transportation;
59requiring that traffic infraction detectors meet
60specifications established by the Department of
61Transportation; requiring a public awareness campaign if
62such detectors are to be used; amending s. 316.640, F.S.;
63requiring the Department of Transportation to develop
64training and qualification standards for traffic
65infraction enforcement officers; authorizing counties and
66municipalities to use independent contractors as traffic
67infraction enforcement officers; amending s. 316.650,
68F.S.; requiring a traffic enforcement officer to provide
69to the court a replica of the citation data by electronic
70transmission under certain conditions; amending s. 318.14,
71F.S.; providing an exception from provisions requiring a
72person cited for an infraction for failing to stop at a
73traffic control signal steady red light to sign and accept
74a citation indicating a promise to appear; amending s.
75318.18, F.S.; increasing certain fines; providing for
76penalties for infractions enforced by a traffic infraction
77enforcement officer; providing for distribution of fines;
78allowing the clerk of court to dismiss certain cases upon
79receiving documentation that the uniform traffic citation
80was issued in error; providing that an individual may not
81receive a commission or per-ticket fee from any revenue
82collected from violations detected through the use of a
83traffic infraction detector and a manufacturer or vendor
84may not receive a fee or remuneration based upon the
85number of citations issued; creating s. 321.50, F.S.;
86authorizing the Department of Highway Safety and Motor
87Vehicles to use traffic infraction detectors under certain
88circumstances; amending s. 322.27, F.S.; providing that no
89points may be assessed against the driver's license for
90infractions enforced by a traffic infraction enforcement
91officer; providing that infractions enforced by a traffic
92infraction enforcement officer may not be used for
93purposes of setting motor vehicle insurance rates;
94providing for severability; providing an effective date.
95
96Be It Enacted by the Legislature of the State of Florida:
97
98     Section 1.  This act may be cited as the "Mark Wandall
99Traffic Safety Act."
100     Section 2.  Subsection (86) is added to section 316.003,
101Florida Statutes, to read:
102     316.003  Definitions.-The following words and phrases, when
103used in this chapter, shall have the meanings respectively
104ascribed to them in this section, except where the context
105otherwise requires:
106     (86)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
107installed to work in conjunction with a traffic control signal
108and a camera or cameras synchronized to automatically record two
109or more sequenced photographic or electronic images or streaming
110video of only the rear of a motor vehicle at the time the
111vehicle fails to stop behind the stop bar or clearly marked stop
112line when facing a traffic control signal steady red light. Any
113notification under s. 316.0083(1)(b) or traffic citation issued
114by the use of a traffic infraction detector must include a
115photograph or other recorded image showing both the license tag
116of the offending vehicle and the traffic control device being
117violated.
118     Section 3.  Section 316.0076, Florida Statutes, is created
119to read:
120     316.0076  Regulation and use of cameras.-Regulation of the
121use of cameras for enforcing the provisions of this chapter is
122expressly preempted to the state. The regulation of the use of
123cameras for enforcing the provisions of this chapter is not
124required to comply with provisions of chapter 493.
125     Section 4.  Subsection (7) is added to section 316.008,
126Florida Statutes, to read:
127     316.008  Powers of local authorities.-
128     (7)(a)  A county or municipality may use traffic infraction
129detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
130driver fails to stop at a traffic signal on streets and highways
131under their jurisdiction under s. 316.0083. Only a municipality
132may install or authorize the installation of any such detectors
133within the incorporated area of the municipality. Only a county
134may install or authorize the installation of any such detectors
135within the unincorporated area of the county.
136     (b)  Pursuant to paragraph (a), a municipality may install
137or, by contract or interlocal agreement, authorize the
138installation of any such detectors only within the incorporated
139area of the municipality, and a county may install or, by
140contract or interlocal agreement, authorize the installation of
141any such detectors only within the unincorporated area of the
142county.
143     Section 5.  Section 316.0083, Florida Statutes, is created
144to read:
145     316.0083  Mark Wandall Traffic Safety Program;
146administration; report.-
147     (1)(a)  For purposes of administering this section, the
148department, a county, or a municipality may authorize a traffic
149infraction enforcement officer under s. 316.640 to issue a
150traffic citation for a violation of s. 316.074(1) or s.
151316.075(1)(c)1. A notice of violation and a traffic citation may
152not be issued for failure to stop at a red light if the driver
153is making a right-hand turn in a careful and prudent manner at
154an intersection where right-hand turns are permissible. This
155paragraph does not prohibit a review of information from a
156traffic infraction detector by an authorized employee or agent
157of the department, a county, or a municipality before issuance
158of the traffic citation by the traffic infraction enforcement
159officer. This paragraph does not prohibit the department, a
160county, or a municipality from issuing notification as provided
161in paragraph (b) to the registered owner of the motor vehicle
162involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
163     (b)1.a.  Within 30 days after a violation, notification
164must be sent to the registered owner of the motor vehicle
165involved in the violation specifying the remedies available
166under s. 318.14 and that the violator must pay the penalty of
167$158 to the department, county, or municipality, or furnish an
168affidavit in accordance with paragraph (d), within 30 days
169following the date of the notification in order to avoid court
170fees, costs, and the issuance of a traffic citation. The
171notification shall be sent by first-class mail.
172     b.  Included with the notification to the registered owner
173of the motor vehicle involved in the infraction must be a notice
174that the owner has the right to review the photographic or
175electronic images and the streaming video evidence that
176constitutes a rebuttable presumption against the owner of the
177vehicle. The notice must state the time and place or Internet
178location where the evidence may be examined and observed.
179     2.  Penalties assessed and collected by the department,
180county, or municipality authorized to collect the funds provided
181for in this paragraph, less the amount retained by the county or
182municipality pursuant to subparagraph 3., shall be paid into the
183State Treasury weekly. Payment by the department, county, or
184municipality to the state shall be made by means of electronic
185funds transfers. A county or municipality shall only pay to the
186State Treasury that portion of the funds not to be retained by
187the county or municipality pursuant to subparagraph 3.
188     3.  Penalties to be assessed and collected by the
189department, county, or municipality are as follows:
190     a.  One hundred fifty-eight dollars for a violation of s.
191316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
192stop at a traffic signal if enforcement is by the department's
193traffic infraction enforcement officer. One hundred dollars
194shall be deposited into the General Revenue Fund, $10 shall be
195remitted to the Department of Revenue for deposit into the
196Department of Health Administrative Trust Fund, $3 shall be
197remitted to the Department of Revenue for deposit into the Brain
198and Spinal Cord Injury Trust Fund, and $45 shall be distributed
199to the municipality in which the violation occurred, or, if the
200violation occurred in an unincorporated area, to the county in
201which the violation occurred. Funds deposited into the
202Department of Health Administrative Trust Fund under this sub-
203subparagraph shall be distributed as provided in s. 395.4036(1).
204Proceeds of the infractions in the Brain and Spinal Cord Injury
205Trust Fund shall be distributed quarterly to the Miami Project
206to Cure Paralysis and shall be used for brain and spinal cord
207research.
208     b.  One hundred fifty-eight dollars for a violation of s.
209316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
210stop at a traffic signal if enforcement is by a county or
211municipal traffic infraction enforcement officer. Seventy
212dollars shall be remitted by the county or municipality to the
213Department of Revenue for deposit into the General Revenue Fund,
214$10 shall be remitted to the Department of Revenue for deposit
215into the Department of Health Administrative Trust Fund, $3
216shall be remitted to the Department of Revenue for deposit into
217the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
218retained by the county or municipality enforcing the ordinance
219enacted pursuant to this section. Funds deposited into the
220Department of Health Administrative Trust Fund under this sub-
221subparagraph shall be distributed as provided in s. 395.4036(1).
222Proceeds of the infractions in the Brain and Spinal Cord Injury
223Trust Fund shall be distributed quarterly to the Miami Project
224to Cure Paralysis and shall be used for brain and spinal cord
225research.
226     4.  An individual may not receive a commission from any
227revenue collected from violations detected through the use of a
228traffic infraction detector. A manufacturer or vendor may not
229receive a fee or remuneration based upon the number of citations
230issued due to a traffic infraction detector enforcement system.
231     (c)1.a.  A traffic citation issued under this section shall
232be issued by mailing the traffic citation by certified mail to
233the address of the registered owner of the motor vehicle
234involved in the violation when payment has not been made within
23530 days after notification under subparagraph (b)1.
236     b.  Delivery of the traffic citation constitutes
237notification under this paragraph.
238     c.  In the case of joint ownership of a motor vehicle, the
239traffic citation shall be mailed to the first name appearing on
240the registration, unless the first name appearing on the
241registration is a business organization, in which case the
242second name appearing on the registration may be used.
243     d.  The traffic citation shall be mailed to the registered
244owner of the motor vehicle involved in the violation no later
245than 60 days after the date of the violation.
246     2.  Included with the notification to the registered owner
247of the motor vehicle involved in the infraction shall be a
248notice that the owner has the right to review, either in person
249or remotely, the photographic or electronic images or the
250streaming video evidence that constitutes a rebuttable
251presumption against the owner of the vehicle. The notice must
252state the time and place or Internet location where the evidence
253may be examined and observed.
254     (d)1.  The owner of the motor vehicle involved in the
255violation is responsible and liable for paying the uniform
256traffic citation issued for a violation of s. 316.074(1) or s.
257316.075(1)(c)1. when the driver failed to stop at a traffic
258signal, unless the owner can establish that:
259     a.  The motor vehicle passed through the intersection in
260order to yield right-of-way to an emergency vehicle or as part
261of a funeral procession;
262     b.  The motor vehicle passed through the intersection at
263the direction of a law enforcement officer;
264     c.  The motor vehicle was, at the time of the violation, in
265the care, custody, or control of another person; or
266     d.  A uniform traffic citation was issued by a law
267enforcement officer to the driver of the motor vehicle for the
268alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
269     2.  In order to establish such facts, the owner of the
270motor vehicle shall, within 30 days after the date of issuance
271of the traffic citation, furnish to the appropriate governmental
272entity an affidavit setting forth detailed information
273supporting an exemption as provided in this paragraph.
274     a.  An affidavit supporting an exemption under sub-
275subparagraph 1.c. must include the name, address, date of birth,
276and, if known, the driver's license number of the person who
277leased, rented, or otherwise had care, custody, or control of
278the motor vehicle at the time of the alleged violation. If the
279vehicle was stolen at the time of the alleged offense, the
280affidavit must include the police report indicating that the
281vehicle was stolen.
282     b.  If a traffic citation for a violation of s. 316.074(1)
283or s. 316.075(1)(c)1. was issued at the location of the
284violation by a law enforcement officer, the affidavit must
285include the serial number of the uniform traffic citation.
286     3.  Upon receipt of an affidavit, the person designated as
287having care, custody, and control of the motor vehicle at the
288time of the violation may be issued a traffic citation for a
289violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
290failed to stop at a traffic signal. The affidavit is admissible
291in a proceeding pursuant to this section for the purpose of
292providing proof that the person identified in the affidavit was
293in actual care, custody, or control of the motor vehicle. The
294owner of a leased vehicle for which a traffic citation is issued
295for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
296driver failed to stop at a traffic signal is not responsible for
297paying the traffic citation and is not required to submit an
298affidavit as specified in this subsection if the motor vehicle
299involved in the violation is registered in the name of the
300lessee of such motor vehicle.
301     4.  The submission of a false affidavit is a misdemeanor of
302the second degree, punishable as provided in s. 775.082 or s.
303775.083.
304     (e)  The photographic or electronic images or streaming
305video attached to or referenced in the traffic citation is
306evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
307when the driver failed to stop at a traffic signal has occurred
308and is admissible in any proceeding to enforce this section and
309raises a rebuttable presumption that the motor vehicle named in
310the report or shown in the photographic or electronic images or
311streaming video evidence was used in violation of s. 316.074(1)
312or s. 316.075(1)(c)1. when the driver failed to stop at a
313traffic signal.
314     (2)  A notice of violation and a traffic citation may not
315be issued for failure to stop at a red light if the driver is
316making a right-hand turn in a careful and prudent manner at an
317intersection where right-hand turns are permissible.
318     (3)  This section supplements the enforcement of s.
319316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
320when a driver fails to stop at a traffic signal and does not
321prohibit a law enforcement officer from issuing a traffic
322citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
323when a driver fails to stop at a traffic signal in accordance
324with normal traffic enforcement techniques.
325     (4)(a)  Each county or municipality that operates a traffic
326infraction detector shall submit a report by October 1, 2012,
327and annually thereafter, to the department which details the
328results of using the traffic infraction detector and the
329procedures for enforcement for the preceding state fiscal year.
330The information submitted by the counties and municipalities
331must include statistical data and information required by the
332department to complete the report required under paragraph (b).
333     (b)  On or before December 31, 2012, and annually
334thereafter, the department shall provide a summary report to the
335Governor, the President of the Senate, and the Speaker of the
336House of Representatives regarding the use and operation of
337traffic infraction detectors under this section, along with the
338department's recommendations and any necessary legislation. The
339summary report must include a review of the information
340submitted to the department by the counties and municipalities
341and must describe the enhancement of the traffic safety and
342enforcement programs.
343     Section 6.  Subsection (6) of section 316.0745, Florida
344Statutes, is amended to read:
345     316.0745  Uniform signals and devices.-
346     (6)  Any system of traffic control devices controlled and
347operated from a remote location by electronic computers or
348similar devices must shall meet all requirements established for
349the uniform system, and, if where such a system affects systems
350affect the movement of traffic on state roads, the design of the
351system shall be reviewed and approved by the Department of
352Transportation.
353     Section 7.  Section 316.07456, Florida Statutes, is created
354to read:
355     316.07456  Transitional implementation.-Any traffic
356infraction detector deployed on the highways, streets, and roads
357of this state must meet specifications established by the
358Department of Transportation, and must be tested at regular
359intervals according to specifications prescribed by the
360Department of Transportation. The Department of Transportation
361must establish such specifications on or before December 31,
3622010. However, any such equipment acquired by purchase, lease,
363or other arrangement under an agreement entered into by a county
364or municipality on or before July 1, 2011, or equipment used to
365enforce an ordinance enacted by a county or municipality on or
366before July 1, 2011, is not required to meet the specifications
367established by the Department of Transportation until July 1,
3682011.
369     Section 8.  Section 316.0776, Florida Statutes, is created
370to read:
371     316.0776  Traffic infraction detectors; placement and
372installation.-
373     (1)  Traffic infraction detectors are allowed on state
374roads when permitted by the Department of Transportation and
375under placement and installation specifications developed by the
376Department of Transportation. Traffic infraction detectors are
377allowed on streets and highways under the jurisdiction of
378counties or municipalities in accordance with placement and
379installation specifications developed by the Department of
380Transportation.
381     (2)(a)  If the department, county, or municipality installs
382a traffic infraction detector at an intersection, the
383department, county, or municipality shall notify the public that
384a traffic infraction device may be in use at that intersection
385and must specifically include notification of camera enforcement
386of violations concerning right turns. Such signage used to
387notify the public must meet the specifications for uniform
388signals and devices adopted by the Department of Transportation
389pursuant to s. 316.0745.
390     (b)  If the department, county, or municipality begins a
391traffic infraction detector program in a county or municipality
392that has never conducted such a program, the respective
393department, county, or municipality shall also make a public
394announcement and conduct a public awareness campaign of the
395proposed use of traffic infraction detectors at least 30 days
396before commencing the enforcement program.
397     Section 9.  Paragraph (b) of subsection (1) and subsection
398(5) of section 316.640, Florida Statutes, are amended to read:
399     316.640  Enforcement.-The enforcement of the traffic laws
400of this state is vested as follows:
401     (1)  STATE.-
402     (b)1.  The Department of Transportation has authority to
403enforce on all the streets and highways of this state all laws
404applicable within its authority.
405     2.a.  The Department of Transportation shall develop
406training and qualifications standards for toll enforcement
407officers whose sole authority is to enforce the payment of tolls
408pursuant to s. 316.1001. Nothing in this subparagraph shall be
409construed to permit the carrying of firearms or other weapons,
410nor shall a toll enforcement officer have arrest authority.
411     b.  For the purpose of enforcing s. 316.1001, governmental
412entities, as defined in s. 334.03, which own or operate a toll
413facility may employ independent contractors or designate
414employees as toll enforcement officers; however, any such toll
415enforcement officer must successfully meet the training and
416qualifications standards for toll enforcement officers
417established by the Department of Transportation.
418     3.  For the purpose of enforcing s. 316.0083, the
419department may designate employees as traffic infraction
420enforcement officers. A traffic infraction enforcement officer
421must successfully complete instruction in traffic enforcement
422procedures and court presentation through the Selective Traffic
423Enforcement Program as approved by the Division of Criminal
424Justice Standards and Training of the Department of Law
425Enforcement, or through a similar program, but may not
426necessarily otherwise meet the uniform minimum standards
427established by the Criminal Justice Standards and Training
428Commission for law enforcement officers or auxiliary law
429enforcement officers under s. 943.13. This subparagraph does not
430authorize the carrying of firearms or other weapons by a traffic
431infraction enforcement officer and does not authorize a traffic
432infraction enforcement officer to make arrests. The department's
433traffic infraction enforcement officers must be physically
434located in the state.
435     (5)(a)  Any sheriff's department or police department of a
436municipality may employ, as a traffic infraction enforcement
437officer, any individual who successfully completes instruction
438in traffic enforcement procedures and court presentation through
439the Selective Traffic Enforcement Program as approved by the
440Division of Criminal Justice Standards and Training of the
441Department of Law Enforcement, or through a similar program, but
442who does not necessarily otherwise meet the uniform minimum
443standards established by the Criminal Justice Standards and
444Training Commission for law enforcement officers or auxiliary
445law enforcement officers under s. 943.13. Any such traffic
446infraction enforcement officer who observes the commission of a
447traffic infraction or, in the case of a parking infraction, who
448observes an illegally parked vehicle may issue a traffic
449citation for the infraction when, based upon personal
450investigation, he or she has reasonable and probable grounds to
451believe that an offense has been committed which constitutes a
452noncriminal traffic infraction as defined in s. 318.14. In
453addition, any such traffic infraction enforcement officer may
454issue a traffic citation under s. 316.0083. For purposes of
455enforcing s. 316.0083, any sheriff's department or police
456department of a municipality may designate employees as traffic
457infraction enforcement officers. The traffic infraction
458enforcement officers must be physically located in the county of
459the respective sheriff's or police department.
460     (b)  The traffic infraction enforcement officer shall be
461employed in relationship to a selective traffic enforcement
462program at a fixed location or as part of a crash investigation
463team at the scene of a vehicle crash or in other types of
464traffic infraction enforcement under the direction of a fully
465qualified law enforcement officer; however, it is not necessary
466that the traffic infraction enforcement officer's duties be
467performed under the immediate supervision of a fully qualified
468law enforcement officer.
469     (c)  This subsection does not permit the carrying of
470firearms or other weapons, nor do traffic infraction enforcement
471officers have arrest authority other than the authority to issue
472a traffic citation as provided in this subsection.
473     Section 10.  Subsection (3) of section 316.650, Florida
474Statutes, is amended to read:
475     316.650  Traffic citations.-
476     (3)(a)  Except for a traffic citation issued pursuant to s.
477316.1001 or s. 316.0083, each traffic enforcement officer, upon
478issuing a traffic citation to an alleged violator of any
479provision of the motor vehicle laws of this state or of any
480traffic ordinance of any municipality or town, shall deposit the
481original traffic citation or, in the case of a traffic
482enforcement agency that has an automated citation issuance
483system, the chief administrative officer shall provide by an
484electronic transmission a replica of the citation data to a
485court having jurisdiction over the alleged offense or with its
486traffic violations bureau within 5 days after issuance to the
487violator.
488     (b)  If a traffic citation is issued pursuant to s.
489316.1001, a traffic enforcement officer may deposit the original
490traffic citation or, in the case of a traffic enforcement agency
491that has an automated citation system, may provide by an
492electronic transmission a replica of the citation data to a
493court having jurisdiction over the alleged offense or with its
494traffic violations bureau within 45 days after the date of
495issuance of the citation to the violator. If the person cited
496for the violation of s. 316.1001 makes the election provided by
497s. 318.14(12) and pays the $25 fine, or such other amount as
498imposed by the governmental entity owning the applicable toll
499facility, plus the amount of the unpaid toll that is shown on
500the traffic citation directly to the governmental entity that
501issued the citation, or on whose behalf the citation was issued,
502in accordance with s. 318.14(12), the traffic citation will not
503be submitted to the court, the disposition will be reported to
504the department by the governmental entity that issued the
505citation, or on whose behalf the citation was issued, and no
506points will be assessed against the person's driver's license.
507     (c)  If a traffic citation is issued under s. 316.0083, the
508traffic infraction enforcement officer shall provide by
509electronic transmission a replica of the traffic citation data
510to the court having jurisdiction over the alleged offense or its
511traffic violations bureau within 5 days after the date of
512issuance of the traffic citation to the violator.
513     Section 11.  Subsection (2) of section 318.14, Florida
514Statutes, is amended to read:
515     318.14  Noncriminal traffic infractions; exception;
516procedures.-
517     (2)  Except as provided in ss. s. 316.1001(2) and 316.0083,
518any person cited for an infraction under this section must sign
519and accept a citation indicating a promise to appear. The
520officer may indicate on the traffic citation the time and
521location of the scheduled hearing and must indicate the
522applicable civil penalty established in s. 318.18.
523     Section 12.  Subsection (15) of section 318.18, Florida
524Statutes, is amended to read:
525     318.18  Amount of penalties.-The penalties required for a
526noncriminal disposition pursuant to s. 318.14 or a criminal
527offense listed in s. 318.17 are as follows:
528     (15)(a)1.  One hundred fifty-eight twenty-five dollars for
529a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
530has failed to stop at a traffic signal. Sixty dollars shall be
531distributed as provided in s. 318.21, $30 shall be distributed
532to the General Revenue Fund, $3 shall be remitted to the
533Department of Revenue for deposit into the Brain and Spinal Cord
534Injury Trust Fund, and the remaining $65 shall be remitted to
535the Department of Revenue for deposit into the Administrative
536Trust Fund of the Department of Health. Proceeds of the
537infractions in the Brain and Spinal Cord Injury Trust Fund shall
538be distributed quarterly to the Miami Project to Cure Paralysis
539and shall be used for brain and spinal cord research.
540     2.  One hundred and fifty-eight dollars for a violation of
541s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
542stop at a traffic signal and when enforced by the department's
543traffic infraction enforcement officer. One hundred and three
544dollars shall be distributed to the General Revenue Fund, $45
545shall be distributed to the county for any violations occurring
546in any unincorporated areas of the county or to the municipality
547for any violations occurring in the incorporated boundaries of
548the municipality in which the infraction occurred, and $10 shall
549be remitted to the Department of Revenue for deposit into the
550Department of Health Administrative Trust Fund for distribution
551as provided in s. 395.4036(1).
552     3.  One hundred and fifty-eight dollars for a violation of
553s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
554stop at a traffic signal and when enforced by a county's or
555municipality's traffic infraction enforcement officer. Seventy
556five dollars shall be distributed to the county or municipality
557issuing the traffic citation, $73 shall be distributed to the
558General Revenue Fund, and $10 shall be remitted to the
559Department of Revenue for deposit into the Department of Health
560Administrative Trust Fund for distribution as provided in s.
561395.4036(1).
562     (b)  One hundred and fifty-eight dollars for a violation of
563s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
564stop at a traffic signal if enforced by a traffic infraction  
565enforcement officer pursuant to s. 316.0083. Seventy dollars
566shall be remitted by the county or municipality to the
567Department of Revenue for deposit into the General Revenue Fund,
568$10 shall be remitted to the Department of Revenue for deposit
569into the Department of Health Administrative Trust Fund, $3
570shall be remitted to the Department of Revenue for deposit into
571the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
572retained by the county or municipality enforcing the ordinance
573enacted pursuant to this section. Funds deposited into the
574Department of Health Administrative Trust Fund under this sub-
575subparagraph shall be distributed as provided in s. 395.4036(1).
576Proceeds of the infractions in the Brain and Spinal Cord Injury
577Trust Fund shall be distributed quarterly to the Miami Project
578to Cure Paralysis and shall be used for brain and spinal cord
579research.
580     (c)  If a person who is cited for a violation of s.
581316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
582infraction enforcement officer under s. 316.0083, presents
583documentation from the appropriate governmental entity that the
584traffic citation was in error, the clerk of court may dismiss
585the case. The clerk of court shall not charge for this service.
586     (d)  An individual may not receive a commission or per-
587ticket fee from any revenue collected from violations detected
588through the use of a traffic infraction detector. A manufacturer
589or vendor may not receive a fee or remuneration based upon the
590number of citations issued due to a traffic infraction detector
591enforcement system.
592     (e)  Funds deposited into the Department of Health
593Administrative Trust Fund under this subsection shall be
594distributed as provided in s. 395.4036(1).
595     Section 13.  Section 321.50, Florida Statutes, is created
596to read:
597     321.50  Authorization to use traffic infraction detectors.-
598The Department of Highway Safety and Motor Vehicles is
599authorized to use traffic infraction detectors to enforce s.
600316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on
601state roads as defined in chapter 316 which are under the
602original jurisdiction of the Department of Transportation, when
603permitted by the Department of Transportation, and under s.
604316.0083.
605     Section 14.  Paragraph (d) of subsection (3) of section
606322.27, Florida Statutes, is amended to read:
607     322.27  Authority of department to suspend or revoke
608license.-
609     (3)  There is established a point system for evaluation of
610convictions of violations of motor vehicle laws or ordinances,
611and violations of applicable provisions of s. 403.413(6)(b) when
612such violations involve the use of motor vehicles, for the
613determination of the continuing qualification of any person to
614operate a motor vehicle. The department is authorized to suspend
615the license of any person upon showing of its records or other
616good and sufficient evidence that the licensee has been
617convicted of violation of motor vehicle laws or ordinances, or
618applicable provisions of s. 403.413(6)(b), amounting to 12 or
619more points as determined by the point system. The suspension
620shall be for a period of not more than 1 year.
621     (d)  The point system shall have as its basic element a
622graduated scale of points assigning relative values to
623convictions of the following violations:
624     1.  Reckless driving, willful and wanton-4 points.
625     2.  Leaving the scene of a crash resulting in property
626damage of more than $50-6 points.
627     3.  Unlawful speed resulting in a crash-6 points.
628     4.  Passing a stopped school bus-4 points.
629     5.  Unlawful speed:
630     a.  Not in excess of 15 miles per hour of lawful or posted
631speed-3 points.
632     b.  In excess of 15 miles per hour of lawful or posted
633speed-4 points.
634     6.  A violation of a traffic control signal device as
635provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
636However, no points shall be imposed for a violation of s.
637316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
638stop at a traffic signal and when enforced by a traffic
639infraction enforcement officer. In addition, a violation of s.
640316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
641stop at a traffic signal and when enforced by a traffic
642infraction enforcement officer may not be used for purposes of
643setting motor vehicle insurance rates.
644     7.  All other moving violations (including parking on a
645highway outside the limits of a municipality)-3 points. However,
646no points shall be imposed for a violation of s. 316.0741 or s.
647316.2065(12).
648     8.  Any moving violation covered above, excluding unlawful
649speed, resulting in a crash-4 points.
650     9.  Any conviction under s. 403.413(6)(b)-3 points.
651     10.  Any conviction under s. 316.0775(2)-4 points.
652     Section 15.  If any provision of this act or its
653application to any person or circumstance is held invalid, the
654invalidity does not affect other provisions or applications of
655this act which can be given effect without the invalid provision
656or application, and to this end the provisions of this act are
657severable.
658     Section 16.  This act shall take effect July 1, 2010.


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