November 22, 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 violations detected through the use of a traffic
28infraction detector; providing procedures for issuance,
29disposition, and enforcement of citations; providing for
30exemptions; providing that certain evidence is admissible
31for enforcement; providing penalties for submission of a
32false affidavit; prohibiting the use of such detectors to
33enforce a violation when a driver fails to stop prior to
34making a right or left turn; providing that the act does
35not preclude the issuance of citations by law enforcement
36officers; requiring reports from participating
37municipalities and counties to the department; requiring
38the department to make reports to the Governor and
39Legislature; amending s. 316.0745, F.S.; revising a
40provision that requires certain remotely operated traffic
41control devices to meet certain specifications; creating
42s. 316.07456, F.S.; requiring traffic infraction detectors
43to meet specifications established by the Department of
44Transportation; providing that a traffic infraction
45detector acquired by purchase, lease, or other arrangement
46under an agreement entered into by a county or
47municipality on or before a specified date is not required
48to meet the established specifications until a specified
49date; creating s. 316.0776, F.S.; providing for the
50placement and installation of detectors on certain roads
51when permitted by and under the specifications of the
52department; requiring that if the state, county, or
53municipality installs a traffic infraction detector at an
54intersection, the state, county, or municipality shall
55notify the public that a traffic infraction device may be
56in use at that intersection; requiring that such signage
57posted at the intersection meet the specifications for
58uniform signals and devices adopted by the Department of
59Transportation; requiring that traffic infraction
60detectors meet specifications established by the
61Department of Transportation; requiring a public awareness
62campaign if such detectors are to be used; amending s.
63316.640, F.S.; requiring the Department of Transportation
64to develop training and qualification standards for
65traffic infraction enforcement officers; authorizing
66counties and municipalities to use independent contractors
67as traffic infraction enforcement officers; amending s.
68316.650, F.S.; requiring a traffic enforcement officer to
69provide to the court a replica of the citation data by
70electronic transmission under certain conditions; amending
71s. 318.14, F.S.; providing an exception from provisions
72requiring a person cited for an infraction for failing to
73stop at a traffic control signal steady red light to sign
74and accept a citation indicating a promise to appear;
75amending s. 318.18, F.S.; increasing certain fines;
76providing for penalties for infractions enforced by a
77traffic infraction enforcement officer; providing for
78distribution of fines; allowing the clerk of court to
79dismiss certain cases upon receiving documentation that
80the uniform traffic citation was issued in error;
81providing that an individual may not receive a commission
82or per-ticket fee from any revenue collected from
83violations detected through the use of a traffic
84infraction detector and a manufacturer or vendor may not
85receive a fee or remuneration based upon the number of
86violations detected through the use of a traffic
87infraction detector; creating s. 321.50, F.S.; authorizing
88the Department of Highway Safety and Motor Vehicles to use
89traffic infraction detectors under certain circumstances;
90amending s. 322.27, F.S.; providing that no points may be
91assessed against the driver's license for infractions
92enforced by a traffic infraction enforcement officer;
93providing that infractions enforced by a traffic
94infraction enforcement officer may not be used for
95purposes of setting motor vehicle insurance rates;
96requiring the retention of certain penalty proceeds
97collected prior to the Department of Revenue's ability to
98receive and distribute such funds; providing an
99appropriation and for carryforward of any unexpended
100balance; providing for severability; providing effective
101dates.
102
103Be It Enacted by the Legislature of the State of Florida:
104
105     Section 1.  This act may be cited as the "Mark Wandall
106Traffic Safety Act."
107     Section 2.  Subsection (86) is added to section 316.003,
108Florida Statutes, to read:
109     316.003  Definitions.-The following words and phrases, when
110used in this chapter, shall have the meanings respectively
111ascribed to them in this section, except where the context
112otherwise requires:
113     (86)  TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
114installed to work in conjunction with a traffic control signal
115and a camera or cameras synchronized to automatically record two
116or more sequenced photographic or electronic images or streaming
117video of only the rear of a motor vehicle at the time the
118vehicle fails to stop behind the stop bar or clearly marked stop
119line when facing a traffic control signal steady red light. Any
120notification under s. 316.0083(1)(b) or traffic citation issued
121by the use of a traffic infraction detector must include a
122photograph or other recorded image showing both the license tag
123of the offending vehicle and the traffic control device being
124violated.
125     Section 3.  Section 316.0076, Florida Statutes, is created
126to read:
127     316.0076  Regulation and use of cameras.-Regulation of the
128use of cameras for enforcing the provisions of this chapter is
129expressly preempted to the state. The regulation of the use of
130cameras for enforcing the provisions of this chapter is not
131required to comply with provisions of chapter 493.
132     Section 4.  Subsection (7) is added to section 316.008,
133Florida Statutes, to read:
134     316.008  Powers of local authorities.-
135     (7)(a)  A county or municipality may use traffic infraction
136detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
137driver fails to stop at a traffic signal on streets and highways
138under their jurisdiction under s. 316.0083. Only a municipality
139may install or authorize the installation of any such detectors
140within the incorporated area of the municipality. Only a county
141may install or authorize the installation of any such detectors
142within the unincorporated area of the county.
143     (b)  Pursuant to paragraph (a), a municipality may install
144or, by contract or interlocal agreement, authorize the
145installation of any such detectors only within the incorporated
146area of the municipality, and a county may install or, by
147contract or interlocal agreement, authorize the installation of
148any such detectors only within the unincorporated area of the
149county. A county may authorize installation of any such
150detectors by interlocal agreement on roads under its
151jurisdiction.
152     Section 5.  Section 316.0083, Florida Statutes, is created
153to read:
154     316.0083  Mark Wandall Traffic Safety Program;
155administration; report.-
156     (1)(a)  For purposes of administering this section, the
157department, a county, or a municipality may authorize a traffic
158infraction enforcement officer under s. 316.640 to issue a
159traffic citation for a violation of s. 316.074(1) or s.
160316.075(1)(c)1. A notice of violation and a traffic citation may
161not be issued for failure to stop at a red light if the driver
162is making a right-hand turn in a careful and prudent manner at
163an intersection where right-hand turns are permissible. This
164paragraph does not prohibit a review of information from a
165traffic infraction detector by an authorized employee or agent
166of the department, a county, or a municipality before issuance
167of the traffic citation by the traffic infraction enforcement
168officer. This paragraph does not prohibit the department, a
169county, or a municipality from issuing notification as provided
170in paragraph (b) to the registered owner of the motor vehicle
171involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
172     (b)1.a.  Within 30 days after a violation, notification
173must be sent to the registered owner of the motor vehicle
174involved in the violation specifying the remedies available
175under s. 318.14 and that the violator must pay the penalty of
176$158 to the department, county, or municipality, or furnish an
177affidavit in accordance with paragraph (d), within 30 days
178following the date of the notification in order to avoid court
179fees, costs, and the issuance of a traffic citation. The
180notification shall be sent by first-class mail.
181     b.  Included with the notification to the registered owner
182of the motor vehicle involved in the infraction must be a notice
183that the owner has the right to review the photographic or
184electronic images or the streaming video evidence that
185constitutes a rebuttable presumption against the owner of the
186vehicle. The notice must state the time and place or Internet
187location where the evidence may be examined and observed.
188     2.  Penalties assessed and collected by the department,
189county, or municipality authorized to collect the funds provided
190for in this paragraph, less the amount retained by the county or
191municipality pursuant to subparagraph 3., shall be paid to the
192Department of Revenue weekly. Payment by the department, county,
193or municipality to the state shall be made by means of
194electronic funds transfers. In addition to the payment, summary
195detail of the penalties remitted shall be reported to the
196Department of Revenue.
197     3.  Penalties to be assessed and collected by the
198department, county, or municipality are as follows:
199     a.  One hundred fifty-eight dollars for a violation of s.
200316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
201stop at a traffic signal if enforcement is by the department's
202traffic infraction enforcement officer. One hundred dollars
203shall be remitted to the Department of Revenue for deposit into
204the General Revenue Fund, $10 shall be remitted to the
205Department of Revenue for deposit into the Department of Health
206Administrative Trust Fund, $3 shall be remitted to the
207Department of Revenue for deposit into the Brain and Spinal Cord
208Injury Trust Fund, and $45 shall be distributed to the
209municipality in which the violation occurred, or, if the
210violation occurred in an unincorporated area, to the county in
211which the violation occurred. Funds deposited into the
212Department of Health Administrative Trust Fund under this sub-
213subparagraph shall be distributed as provided in s. 395.4036(1).
214Proceeds of the infractions in the Brain and Spinal Cord Injury
215Trust Fund shall be distributed quarterly to the Miami Project
216to Cure Paralysis and shall be used for brain and spinal cord
217research.
218     b.  One hundred fifty-eight dollars for a violation of s.
219316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
220stop at a traffic signal if enforcement is by a county or
221municipal traffic infraction enforcement officer. Seventy
222dollars shall be remitted by the county or municipality to the
223Department of Revenue for deposit into the General Revenue Fund,
224$10 shall be remitted to the Department of Revenue for deposit
225into the Department of Health Administrative Trust Fund, $3
226shall be remitted to the Department of Revenue for deposit into
227the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
228retained by the county or municipality enforcing the ordinance
229enacted pursuant to this section. Funds deposited into the
230Department of Health Administrative Trust Fund under this sub-
231subparagraph shall be distributed as provided in s. 395.4036(1).
232Proceeds of the infractions in the Brain and Spinal Cord Injury
233Trust Fund shall be distributed quarterly to the Miami Project
234to Cure Paralysis and shall be used for brain and spinal cord
235research.
236     4.  An individual may not receive a commission from any
237revenue collected from violations detected through the use of a
238traffic infraction detector. A manufacturer or vendor may not
239receive a fee or remuneration based upon the number of
240violations detected through the use of a traffic infraction
241detector.
242     (c)1.a.  A traffic citation issued under this section shall
243be issued by mailing the traffic citation by certified mail to
244the address of the registered owner of the motor vehicle
245involved in the violation when payment has not been made within
24630 days after notification under subparagraph (b)1.
247     b.  Delivery of the traffic citation constitutes
248notification under this paragraph.
249     c.  In the case of joint ownership of a motor vehicle, the
250traffic citation shall be mailed to the first name appearing on
251the registration, unless the first name appearing on the
252registration is a business organization, in which case the
253second name appearing on the registration may be used.
254     d.  The traffic citation shall be mailed to the registered
255owner of the motor vehicle involved in the violation no later
256than 60 days after the date of the violation.
257     2.  Included with the notification to the registered owner
258of the motor vehicle involved in the infraction shall be a
259notice that the owner has the right to review, either in person
260or remotely, the photographic or electronic images or the
261streaming video evidence that constitutes a rebuttable
262presumption against the owner of the vehicle. The notice must
263state the time and place or Internet location where the evidence
264may be examined and observed.
265     (d)1.  The owner of the motor vehicle involved in the
266violation is responsible and liable for paying the uniform
267traffic citation issued for a violation of s. 316.074(1) or s.
268316.075(1)(c)1. when the driver failed to stop at a traffic
269signal, unless the owner can establish that:
270     a.  The motor vehicle passed through the intersection in
271order to yield right-of-way to an emergency vehicle or as part
272of a funeral procession;
273     b.  The motor vehicle passed through the intersection at
274the direction of a law enforcement officer;
275     c.  The motor vehicle was, at the time of the violation, in
276the care, custody, or control of another person; or
277     d.  A uniform traffic citation was issued by a law
278enforcement officer to the driver of the motor vehicle for the
279alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
280     2.  In order to establish such facts, the owner of the
281motor vehicle shall, within 30 days after the date of issuance
282of the traffic citation, furnish to the appropriate governmental
283entity an affidavit setting forth detailed information
284supporting an exemption as provided in this paragraph.
285     a.  An affidavit supporting an exemption under sub-
286subparagraph 1.c. must include the name, address, date of birth,
287and, if known, the driver's license number of the person who
288leased, rented, or otherwise had care, custody, or control of
289the motor vehicle at the time of the alleged violation. If the
290vehicle was stolen at the time of the alleged offense, the
291affidavit must include the police report indicating that the
292vehicle was stolen.
293     b.  If a traffic citation for a violation of s. 316.074(1)
294or s. 316.075(1)(c)1. was issued at the location of the
295violation by a law enforcement officer, the affidavit must
296include the serial number of the uniform traffic citation.
297     3.  Upon receipt of an affidavit, the person designated as
298having care, custody, and control of the motor vehicle at the
299time of the violation may be issued a traffic citation for a
300violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
301failed to stop at a traffic signal. The affidavit is admissible
302in a proceeding pursuant to this section for the purpose of
303providing proof that the person identified in the affidavit was
304in actual care, custody, or control of the motor vehicle. The
305owner of a leased vehicle for which a traffic citation is issued
306for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
307driver failed to stop at a traffic signal is not responsible for
308paying the traffic citation and is not required to submit an
309affidavit as specified in this subsection if the motor vehicle
310involved in the violation is registered in the name of the
311lessee of such motor vehicle.
312     4.  The submission of a false affidavit is a misdemeanor of
313the second degree, punishable as provided in s. 775.082 or s.
314775.083.
315     (e)  The photographic or electronic images or streaming
316video attached to or referenced in the traffic citation is
317evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
318when the driver failed to stop at a traffic signal has occurred
319and is admissible in any proceeding to enforce this section and
320raises a rebuttable presumption that the motor vehicle named in
321the report or shown in the photographic or electronic images or
322streaming video evidence was used in violation of s. 316.074(1)
323or s. 316.075(1)(c)1. when the driver failed to stop at a
324traffic signal.
325     (2)  A notice of violation and a traffic citation may not
326be issued for failure to stop at a red light if the driver is
327making a right-hand turn in a careful and prudent manner at an
328intersection where right-hand turns are permissible.
329     (3)  This section supplements the enforcement of s.
330316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
331when a driver fails to stop at a traffic signal and does not
332prohibit a law enforcement officer from issuing a traffic
333citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
334when a driver fails to stop at a traffic signal in accordance
335with normal traffic enforcement techniques.
336     (4)(a)  Each county or municipality that operates a traffic
337infraction detector shall submit a report by October 1, 2012,
338and annually thereafter, to the department which details the
339results of using the traffic infraction detector and the
340procedures for enforcement for the preceding state fiscal year.
341The information submitted by the counties and municipalities
342must include statistical data and information required by the
343department to complete the report required under paragraph (b).
344     (b)  On or before December 31, 2012, and annually
345thereafter, the department shall provide a summary report to the
346Governor, the President of the Senate, and the Speaker of the
347House of Representatives regarding the use and operation of
348traffic infraction detectors under this section, along with the
349department's recommendations and any necessary legislation. The
350summary report must include a review of the information
351submitted to the department by the counties and municipalities
352and must describe the enhancement of the traffic safety and
353enforcement programs.
354     Section 6.  Subsection (6) of section 316.0745, Florida
355Statutes, is amended to read:
356     316.0745  Uniform signals and devices.-
357     (6)  Any system of traffic control devices controlled and
358operated from a remote location by electronic computers or
359similar devices must shall meet all requirements established for
360the uniform system, and, if where such a system affects systems
361affect the movement of traffic on state roads, the design of the
362system shall be reviewed and approved by the Department of
363Transportation.
364     Section 7.  Section 316.07456, Florida Statutes, is created
365to read:
366     316.07456  Transitional implementation.-Any traffic
367infraction detector deployed on the highways, streets, and roads
368of this state must meet specifications established by the
369Department of Transportation, and must be tested at regular
370intervals according to specifications prescribed by the
371Department of Transportation. The Department of Transportation
372must establish such specifications on or before December 31,
3732010. However, any such equipment acquired by purchase, lease,
374or other arrangement under an agreement entered into by a county
375or municipality on or before July 1, 2011, or equipment used to
376enforce an ordinance enacted by a county or municipality on or
377before July 1, 2011, is not required to meet the specifications
378established by the Department of Transportation until July 1,
3792011.
380     Section 8.  Section 316.0776, Florida Statutes, is created
381to read:
382     316.0776  Traffic infraction detectors; placement and
383installation.-
384     (1)  Traffic infraction detectors are allowed on state
385roads when permitted by the Department of Transportation and
386under placement and installation specifications developed by the
387Department of Transportation. Traffic infraction detectors are
388allowed on streets and highways under the jurisdiction of
389counties or municipalities in accordance with placement and
390installation specifications developed by the Department of
391Transportation.
392     (2)(a)  If the department, county, or municipality installs
393a traffic infraction detector at an intersection, the
394department, county, or municipality shall notify the public that
395a traffic infraction device may be in use at that intersection
396and must specifically include notification of camera enforcement
397of violations concerning right turns. Such signage used to
398notify the public must meet the specifications for uniform
399signals and devices adopted by the Department of Transportation
400pursuant to s. 316.0745.
401     (b)  If the department, county, or municipality begins a
402traffic infraction detector program in a county or municipality
403that has never conducted such a program, the respective
404department, county, or municipality shall also make a public
405announcement and conduct a public awareness campaign of the
406proposed use of traffic infraction detectors at least 30 days
407before commencing the enforcement program.
408     Section 9.  Paragraph (b) of subsection (1) and subsection
409(5) of section 316.640, Florida Statutes, are amended to read:
410     316.640  Enforcement.-The enforcement of the traffic laws
411of this state is vested as follows:
412     (1)  STATE.-
413     (b)1.  The Department of Transportation has authority to
414enforce on all the streets and highways of this state all laws
415applicable within its authority.
416     2.a.  The Department of Transportation shall develop
417training and qualifications standards for toll enforcement
418officers whose sole authority is to enforce the payment of tolls
419pursuant to s. 316.1001. Nothing in this subparagraph shall be
420construed to permit the carrying of firearms or other weapons,
421nor shall a toll enforcement officer have arrest authority.
422     b.  For the purpose of enforcing s. 316.1001, governmental
423entities, as defined in s. 334.03, which own or operate a toll
424facility may employ independent contractors or designate
425employees as toll enforcement officers; however, any such toll
426enforcement officer must successfully meet the training and
427qualifications standards for toll enforcement officers
428established by the Department of Transportation.
429     3.  For the purpose of enforcing s. 316.0083, the
430department may designate employees as traffic infraction
431enforcement officers. A traffic infraction enforcement officer
432must successfully complete instruction in traffic enforcement
433procedures and court presentation through the Selective Traffic
434Enforcement Program as approved by the Division of Criminal
435Justice Standards and Training of the Department of Law
436Enforcement, or through a similar program, but may not
437necessarily otherwise meet the uniform minimum standards
438established by the Criminal Justice Standards and Training
439Commission for law enforcement officers or auxiliary law
440enforcement officers under s. 943.13. This subparagraph does not
441authorize the carrying of firearms or other weapons by a traffic
442infraction enforcement officer and does not authorize a traffic
443infraction enforcement officer to make arrests. The department's
444traffic infraction enforcement officers must be physically
445located in the state.
446     (5)(a)  Any sheriff's department or police department of a
447municipality may employ, as a traffic infraction enforcement
448officer, any individual who successfully completes instruction
449in traffic enforcement procedures and court presentation through
450the Selective Traffic Enforcement Program as approved by the
451Division of Criminal Justice Standards and Training of the
452Department of Law Enforcement, or through a similar program, but
453who does not necessarily otherwise meet the uniform minimum
454standards established by the Criminal Justice Standards and
455Training Commission for law enforcement officers or auxiliary
456law enforcement officers under s. 943.13. Any such traffic
457infraction enforcement officer who observes the commission of a
458traffic infraction or, in the case of a parking infraction, who
459observes an illegally parked vehicle may issue a traffic
460citation for the infraction when, based upon personal
461investigation, he or she has reasonable and probable grounds to
462believe that an offense has been committed which constitutes a
463noncriminal traffic infraction as defined in s. 318.14. In
464addition, any such traffic infraction enforcement officer may
465issue a traffic citation under s. 316.0083. For purposes of
466enforcing s. 316.0083, any sheriff's department or police
467department of a municipality may designate employees as traffic
468infraction enforcement officers. The traffic infraction
469enforcement officers must be physically located in the county of
470the respective sheriff's or police department.
471     (b)  The traffic infraction enforcement officer shall be
472employed in relationship to a selective traffic enforcement
473program at a fixed location or as part of a crash investigation
474team at the scene of a vehicle crash or in other types of
475traffic infraction enforcement under the direction of a fully
476qualified law enforcement officer; however, it is not necessary
477that the traffic infraction enforcement officer's duties be
478performed under the immediate supervision of a fully qualified
479law enforcement officer.
480     (c)  This subsection does not permit the carrying of
481firearms or other weapons, nor do traffic infraction enforcement
482officers have arrest authority other than the authority to issue
483a traffic citation as provided in this subsection.
484     Section 10.  Subsection (3) of section 316.650, Florida
485Statutes, is amended to read:
486     316.650  Traffic citations.-
487     (3)(a)  Except for a traffic citation issued pursuant to s.
488316.1001 or s. 316.0083, each traffic enforcement officer, upon
489issuing a traffic citation to an alleged violator of any
490provision of the motor vehicle laws of this state or of any
491traffic ordinance of any municipality or town, shall deposit the
492original traffic citation or, in the case of a traffic
493enforcement agency that has an automated citation issuance
494system, the chief administrative officer shall provide by an
495electronic transmission a replica of the citation data to a
496court having jurisdiction over the alleged offense or with its
497traffic violations bureau within 5 days after issuance to the
498violator.
499     (b)  If a traffic citation is issued pursuant to s.
500316.1001, a traffic enforcement officer may deposit the original
501traffic citation or, in the case of a traffic enforcement agency
502that has an automated citation system, may provide by an
503electronic transmission a replica of the citation data to a
504court having jurisdiction over the alleged offense or with its
505traffic violations bureau within 45 days after the date of
506issuance of the citation to the violator. If the person cited
507for the violation of s. 316.1001 makes the election provided by
508s. 318.14(12) and pays the $25 fine, or such other amount as
509imposed by the governmental entity owning the applicable toll
510facility, plus the amount of the unpaid toll that is shown on
511the traffic citation directly to the governmental entity that
512issued the citation, or on whose behalf the citation was issued,
513in accordance with s. 318.14(12), the traffic citation will not
514be submitted to the court, the disposition will be reported to
515the department by the governmental entity that issued the
516citation, or on whose behalf the citation was issued, and no
517points will be assessed against the person's driver's license.
518     (c)  If a traffic citation is issued under s. 316.0083, the
519traffic infraction enforcement officer shall provide by
520electronic transmission a replica of the traffic citation data
521to the court having jurisdiction over the alleged offense or its
522traffic violations bureau within 5 days after the date of
523issuance of the traffic citation to the violator.
524     Section 11.  Subsection (2) of section 318.14, Florida
525Statutes, is amended to read:
526     318.14  Noncriminal traffic infractions; exception;
527procedures.-
528     (2)  Except as provided in ss. s. 316.1001(2) and 316.0083,
529any person cited for an infraction under this section must sign
530and accept a citation indicating a promise to appear. The
531officer may indicate on the traffic citation the time and
532location of the scheduled hearing and must indicate the
533applicable civil penalty established in s. 318.18.
534     Section 12.  Subsection (15) of section 318.18, Florida
535Statutes, is amended to read:
536     318.18  Amount of penalties.-The penalties required for a
537noncriminal disposition pursuant to s. 318.14 or a criminal
538offense listed in s. 318.17 are as follows:
539     (15)(a)1.  One hundred fifty-eight twenty-five dollars for
540a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
541has failed to stop at a traffic signal and when enforced by a
542law enforcement officer. Sixty dollars shall be distributed as
543provided in s. 318.21, $30 shall be distributed to the General
544Revenue Fund, $3 shall be remitted to the Department of Revenue
545for deposit into the Brain and Spinal Cord Injury Trust Fund,
546and the remaining $65 shall be remitted to the Department of
547Revenue for deposit into the Administrative Trust Fund of the
548Department of Health.
549     2.  One hundred and fifty-eight dollars for a violation of
550s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
551stop at a traffic signal and when enforced by the department's
552traffic infraction enforcement officer. One hundred dollars
553shall be remitted to the Department of Revenue for deposit into
554the General Revenue Fund, $45 shall be distributed to the county
555for any violations occurring in any unincorporated areas of the
556county or to the municipality for any violations occurring in
557the incorporated boundaries of the municipality in which the
558infraction occurred, $10 shall be remitted to the Department of
559Revenue for deposit into the Department of Health Administrative
560Trust Fund for distribution as provided in s. 395.4036(1), and
561$3 shall be remitted to the Department of Revenue for deposit
562into the Brain and Spinal Cord Injury Trust Fund.
563     3.  One hundred and fifty-eight dollars for a violation of
564s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
565stop at a traffic signal and when enforced by a county's or
566municipality's traffic infraction enforcement officer. Seventy
567five dollars shall be distributed to the county or municipality
568issuing the traffic citation, $70 shall be remitted to the
569Department of Revenue for deposit into the General Revenue Fund,
570$10 shall be remitted to the Department of Revenue for deposit
571into the Department of Health Administrative Trust Fund for
572distribution as provided in s. 395.4036(1), and $3 shall be
573remitted to the Department of Revenue for deposit into the Brain
574and Spinal Cord Injury Trust Fund.
575     (b)  Amounts deposited into the Brain and Spinal Cord
576Injury Trust Fund pursuant to this subsection shall be
577distributed quarterly to the Miami Project to Cure Paralysis and
578shall be used for brain and spinal cord research.
579     (c)  If a person who is cited for a violation of s.
580316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
581infraction enforcement officer under s. 316.0083, presents
582documentation from the appropriate governmental entity that the
583traffic citation was in error, the clerk of court may dismiss
584the case. The clerk of court shall not charge for this service.
585     (d)  An individual may not receive a commission or per-
586ticket fee from any revenue collected from violations detected
587through the use of a traffic infraction detector. A manufacturer
588or vendor may not receive a fee or remuneration based upon the
589number of violations detected through the use of a traffic
590infraction detector.
591     (e)  Funds deposited into the Department of Health
592Administrative Trust Fund under this subsection shall be
593distributed as provided in s. 395.4036(1).
594     Section 13.  Section 321.50, Florida Statutes, is created
595to read:
596     321.50  Authorization to use traffic infraction detectors.-
597The Department of Highway Safety and Motor Vehicles is
598authorized to use traffic infraction detectors to enforce s.
599316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop on
600state roads as defined in chapter 316 which are under the
601original jurisdiction of the Department of Transportation, when
602permitted by the Department of Transportation, and under s.
603316.0083.
604     Section 14.  Paragraph (d) of subsection (3) of section
605322.27, Florida Statutes, is amended to read:
606     322.27  Authority of department to suspend or revoke
607license.-
608     (3)  There is established a point system for evaluation of
609convictions of violations of motor vehicle laws or ordinances,
610and violations of applicable provisions of s. 403.413(6)(b) when
611such violations involve the use of motor vehicles, for the
612determination of the continuing qualification of any person to
613operate a motor vehicle. The department is authorized to suspend
614the license of any person upon showing of its records or other
615good and sufficient evidence that the licensee has been
616convicted of violation of motor vehicle laws or ordinances, or
617applicable provisions of s. 403.413(6)(b), amounting to 12 or
618more points as determined by the point system. The suspension
619shall be for a period of not more than 1 year.
620     (d)  The point system shall have as its basic element a
621graduated scale of points assigning relative values to
622convictions of the following violations:
623     1.  Reckless driving, willful and wanton-4 points.
624     2.  Leaving the scene of a crash resulting in property
625damage of more than $50-6 points.
626     3.  Unlawful speed resulting in a crash-6 points.
627     4.  Passing a stopped school bus-4 points.
628     5.  Unlawful speed:
629     a.  Not in excess of 15 miles per hour of lawful or posted
630speed-3 points.
631     b.  In excess of 15 miles per hour of lawful or posted
632speed-4 points.
633     6.  A violation of a traffic control signal device as
634provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
635However, no points shall be imposed for a violation of s.
636316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
637stop at a traffic signal and when enforced by a traffic
638infraction enforcement officer. In addition, a violation of s.
639316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
640stop at a traffic signal and when enforced by a traffic
641infraction enforcement officer may not be used for purposes of
642setting motor vehicle insurance rates.
643     7.  All other moving violations (including parking on a
644highway outside the limits of a municipality)-3 points. However,
645no points shall be imposed for a violation of s. 316.0741 or s.
646316.2065(12).
647     8.  Any moving violation covered above, excluding unlawful
648speed, resulting in a crash-4 points.
649     9.  Any conviction under s. 403.413(6)(b)-3 points.
650     10.  Any conviction under s. 316.0775(2)-4 points.
651     Section 15.  The Department of Highway Safety and Motor
652Vehicles or any county or municipality authorized to issue a
653notification and impose a penalty under s. 316.0083(1)(b),
654Florida Statutes, that collects any such penalty after the
655effective date of this act, but prior to notification by the
656Department of Revenue of its ability to receive and distribute
657the penalties collected, must retain the portion of the penalty
658required to be remitted to the Department of Revenue until the
659Department of Highway Safety and Motor Vehicles, county, or
660municipality is notified by the Department of Revenue that it is
661able to receive and distribute the retained funds. The portion
662of the penalty required to be remitted to the Department of
663Revenue for any penalty collected after such notification is
664provided to the Department of Highway Safety and Motor Vehicles,
665county, or municipality must be remitted to the Department of
666Revenue as provided in s. 316.0083, Florida Statutes. This
667section shall take effect upon this act becoming a law.
668     Section 16.  For the 2009-2010 state fiscal year, the sum
669of $100,000 in nonrecurring funds from the General Revenue Fund
670is appropriated to the Department of Revenue for the purpose of
671implementing the provisions of this act. Any unexpended funds
672from this appropriation shall be reappropriated for fiscal year
6732010-2011. This section shall take effect upon this act becoming
674a law.
675     Section 17.  If any provision of this act or its
676application to any person or circumstance is held invalid, the
677invalidity does not affect other provisions or applications of
678this act which can be given effect without the invalid provision
679or application, and to this end the provisions of this act are
680severable.
681     Section 18.  Except as otherwise expressly provided in this
682act, and except for this section which shall take effect upon
683this act becoming a law, this act shall take effect July 1,
6842010.


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