March 19, 2019
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       Florida Senate - 2010         (Corrected Copy)    CS for SB 2166
       
       
       
       By the Committee on Community Affairs; and Senator Altman
       
       
       
       
       578-04915A-10                                         20102166c1
    1                        A bill to be entitled                      
    2         An act relating to uniform traffic control; providing
    3         a short title; amending s. 316.003, F.S.; defining the
    4         term “traffic infraction detector”; creating s.
    5         316.0076, F.S.; preempting to the state the use of
    6         cameras to enforce traffic laws; clarifying the
    7         inapplicability of ch. 493, F.S., to laws governing
    8         the use of cameras as provided by the act; amending s.
    9         316.008, F.S.; authorizing a county or municipality to
   10         use traffic infraction detectors; creating s.
   11         316.0083, F.S.; creating the Mark Wandall Traffic
   12         Safety Program; authorizing the Department of Highway
   13         Safety and Motor Vehicles, a county, or a municipality
   14         to use a traffic infraction detector to identify a
   15         motor vehicle that fails to stop at a traffic control
   16         signal steady red light; requiring that notification
   17         be sent to the registered owner of the motor vehicle
   18         involved in the violation; providing requirements for
   19         the notification; requiring that the department,
   20         county, or municipality remit payment weekly to the
   21         State Treasury of penalties collected through the use
   22         of a traffic infraction detector; specifying the
   23         amount of penalties and the required distribution;
   24         prohibiting a person from receiving a commission from
   25         any revenue collected from violations detected through
   26         the use of a traffic infraction detector; requiring
   27         issuance of a traffic citation if the driver fails to
   28         pay the penalty within a specified period following
   29         issuance of the notification; specifying circumstances
   30         under which a driver may be exempt from paying the
   31         citation; providing penalties for submission of a
   32         false affidavit; providing that certain evidence is
   33         admissible for enforcement; providing that the act
   34         does not preclude the issuance of citations by law
   35         enforcement officers; requiring reports from
   36         participating municipalities and counties to the
   37         department; requiring the department to make reports
   38         to the Governor and Legislature; amending s. 316.0745,
   39         F.S.; requiring that traffic infraction detectors meet
   40         certain specifications; creating s. 316.07465, F.S.;
   41         requiring that traffic infraction detectors meet
   42         specifications established by the Department of
   43         Transportation; providing that a traffic infraction
   44         detector acquired by purchase, lease, or other
   45         arrangement under an agreement entered into by a
   46         county or municipality on or before a specified date
   47         is not required to meet the established specifications
   48         until a specified date; creating s. 316.0776, F.S.;
   49         providing for the placement and installation of
   50         detectors on certain roads; requiring that if the
   51         state, a county, or a municipality installs a traffic
   52         infraction detector at an intersection, the state,
   53         county, or municipality shall notify the public that a
   54         traffic infraction device may be in use at that
   55         intersection; requiring that such signage meet the
   56         specifications for uniform signals and devices adopted
   57         by the Department of Transportation; amending s.
   58         316.640, F.S.; requiring the Department of
   59         Transportation to develop training and qualification
   60         standards for traffic infraction enforcement officers;
   61         authorizing counties and municipalities to use
   62         independent contractors as traffic infraction
   63         enforcement officers; amending s. 316.650, F.S.;
   64         requiring a traffic enforcement agency to provide to
   65         the court a replica of the citation data by electronic
   66         transmission for citations issued pursuant to the act;
   67         amending s. 318.14, F.S.; providing an exception from
   68         provisions requiring a person cited for an infraction
   69         for failing to stop at a traffic control signal steady
   70         red light to sign and accept a citation indicating a
   71         promise to appear; amending s. 318.18, F.S.;
   72         increasing certain fines; providing for penalties for
   73         infractions enforced by a traffic infraction
   74         enforcement officer; providing for distribution of
   75         fines; allowing the clerk of court to dismiss certain
   76         cases upon receiving documentation that the uniform
   77         traffic citation was issued in error; creating s.
   78         321.50, F.S.; authorizing the Department of Highway
   79         Safety and Motor Vehicles to use traffic infraction
   80         detectors; amending s. 322.27, F.S.; prohibiting the
   81         assessment of points against a person’s driver’s
   82         license for infractions enforced by a traffic
   83         infraction enforcement officer; providing that such
   84         violations may not be used for purposes of setting
   85         motor vehicle insurance rates; amending s. 395.4036,
   86         F.S.; providing for the proceeds of penalties for
   87         failure to stop at a traffic signal be distributed to
   88         trauma centers, certain hospitals, and certain nursing
   89         homes; providing for severability; providing an
   90         effective date.
   91  
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. This act may be cited as the “Mark Wandall
   95  Traffic Safety Act.”
   96         Section 2. Subsection (86) is added to section 316.003,
   97  Florida Statutes, to read:
   98         316.003 Definitions.—The following words and phrases, when
   99  used in this chapter, shall have the meanings respectively
  100  ascribed to them in this section, except where the context
  101  otherwise requires:
  102         (86)TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
  103  installed to work in conjunction with a traffic control signal
  104  and a camera or cameras synchronized to automatically record two
  105  or more sequenced photographic or electronic images and
  106  streaming video of only the rear of a motor vehicle at the time
  107  the vehicle fails to stop behind the stop bar or clearly marked
  108  stop line when facing a traffic control signal steady red light.
  109  Any traffic citation issued by the use of a traffic infraction
  110  detector must include a photograph or other recorded image
  111  showing both the license tag of the offending vehicle and the
  112  traffic control device being violated.
  113         Section 3. Section 316.0076, Florida Statutes, is created
  114  to read:
  115         316.0076Regulation and use of cameras.—Regulation of the
  116  use of cameras for enforcing the provisions of this chapter is
  117  expressly preempted to the state. Chapter 493 does not apply to
  118  the regulation of the use of cameras for enforcing the
  119  provisions of this chapter.
  120         Section 4. Subsection (7) is added to section 316.008,
  121  Florida Statutes, to read:
  122         316.008 Powers of local authorities.—
  123         (7)(a)Pursuant to s. 316.0083, a county or municipality
  124  may use traffic infraction detectors to enforce s. 316.074(1) or
  125  s. 316.075(1)(c)1. when a driver fails to stop at a traffic
  126  signal:
  127         1. On streets and highways under the jurisdiction of the
  128  respective county or municipality; and
  129         2.On state roads under the original jurisdiction of the
  130  Department of Transportation when permitted by the Department of
  131  Transportation.
  132         (b) Pursuant to paragraph (a), a municipality may install
  133  or authorize the installation of any such detectors only within
  134  the incorporated area of the municipality, and a county may
  135  install or authorize the installation of any such detectors only
  136  within the unincorporated area of the county.
  137         Section 5. Section 316.0083, Florida Statutes, is created
  138  to read:
  139         316.0083Mark Wandall Traffic Safety Program;
  140  administration; report.—
  141         (1)(a)For purposes of administering this section, the
  142  department, a county, or a municipality may authorize a traffic
  143  infraction enforcement officer under s. 316.640 to issue a
  144  traffic citation for a violation of s. 316.074(1) or s.
  145  316.075(1)(c)1. A notice of violation and a traffic citation may
  146  not be issued for failure to stop at a red light if the driver
  147  is making a right-hand turn in a careful and prudent manner at
  148  an intersection where right-hand turns are permissible. This
  149  paragraph does not prohibit a review of information from a
  150  traffic infraction detector by an authorized employee or agent
  151  of the department, a county, or a municipality before issuance
  152  of the traffic citation by the traffic infraction enforcement
  153  officer. This paragraph does not prohibit the department, a
  154  county, or a municipality from issuing notification as provided
  155  in paragraph (b) to the registered owner of the motor vehicle
  156  involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
  157         (b)1.a.Within 30 days after a violation, notification must
  158  be sent to the registered owner of the motor vehicle involved in
  159  the violation specifying the penalties that are imposed under s.
  160  318.18(15) and specifying that the violator must pay the penalty
  161  of $158 to the department, county, or municipality within 30
  162  days following the date of the notification in order to avoid
  163  court fees, costs, and the issuance of a traffic citation. The
  164  notification shall be sent by first-class mail.
  165         b.Included with the notification to the registered owner
  166  of the motor vehicle involved in the infraction must be a notice
  167  that the owner has the right to review the photographic or
  168  electronic images and the streaming video evidence that
  169  constitutes a rebuttable presumption against the owner of the
  170  vehicle. The notice must state the time and place where the
  171  evidence may be examined and observed.
  172         2.Penalties assessed and collected by the department or by
  173  a county or municipality authorized to collect the penalties
  174  provided for in this paragraph shall be paid into the State
  175  Treasury weekly. Payment by the department, a county, or a
  176  municipality shall be made by means of electronic funds
  177  transfer. A county or municipality shall pay to the State
  178  Treasury only that portion of funds to be distributed to the
  179  General Revenue Fund, the Department of Health Administrative
  180  Trust Fund, the Brain and Spinal Cord Injury Trust Fund, and the
  181  Grants and Donations Trust Fund as required in this paragraph.
  182         3.Penalties to be assessed and collected by the
  183  department, a county, or a municipality are as follows:
  184         a.One hundred and fifty-eight dollars for a violation of
  185  s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop
  186  at a traffic signal and when enforced by the department’s
  187  traffic infraction enforcement officer. Eighty dollars shall be
  188  distributed to the General Revenue Fund, $45 shall be
  189  distributed to the county for any violations occurring in any
  190  unincorporated areas of the county or to the municipality for
  191  any violations occurring in the incorporated boundaries of the
  192  municipality in which the infraction occurred, $20 shall be
  193  remitted to the Department of Revenue for deposit into the
  194  Department of Health Administrative Trust Fund for distribution
  195  as provided in s. 395.4036(1), $5 shall be remitted to the
  196  Department of Revenue for deposit into the Brain and Spinal Cord
  197  Injury Trust Fund, and $8 shall be deposited into the Grants and
  198  Donations Trust Fund of the Agency for Health Care
  199  Administration to provide enhanced Medicaid payments to nursing
  200  homes that serve residents who require ventilator care and are
  201  Medicaid recipients. Proceeds of the infractions in the Brain
  202  and Spinal Cord Injury Trust Fund shall be distributed quarterly
  203  to the Miami Project to Cure Paralysis and shall be used for
  204  brain and spinal cord research.
  205         b.One hundred and fifty-eight dollars for a violation of
  206  s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop
  207  at a traffic signal and when enforced by a county or municipal
  208  traffic infraction enforcement officer. Eighty dollars shall be
  209  retained by the county or municipality issuing the notification,
  210  $45 shall be distributed to the General Revenue Fund, $20 shall
  211  be remitted to the Department of Revenue for deposit into the
  212  Department of Health Administrative Trust Fund for distribution
  213  as provided in s. 395.4036(1), $5 shall be remitted into the
  214  Department of Revenue for deposit into the Brain and Spinal Cord
  215  Injury Trust Fund, and $8 shall be deposited into the Grants and
  216  Donations Trust Fund of the Agency for Health Care
  217  Administration to provide enhanced Medicaid payments to nursing
  218  homes that serve residents who require ventilator care and are
  219  Medicaid recipients. Proceeds of the infractions in the Brain
  220  and Spinal Cord Injury Trust Fund shall be distributed quarterly
  221  to the Miami Project to Cure Paralysis and shall be used for
  222  brain and spinal cord research.
  223         4.A person may not receive a commission from any revenue
  224  collected from violations detected through the use of a traffic
  225  infraction detector. A manufacturer or vendor may not receive a
  226  fee or remuneration based upon the number of citations issued
  227  due to a traffic infraction detector enforcement system.
  228         (c)1.a.If payment under subparagraph (1)(b)1. is not made
  229  within 30 days, a traffic citation shall be issued by mailing
  230  the traffic citation by certified mail to the address of the
  231  registered owner of the motor vehicle involved in the violation
  232  of s. 316.074(1) or s. 316.075(1)(c)1.
  233         b.Delivery of the traffic citation constitutes
  234  notification.
  235         c.In the case of joint ownership of a motor vehicle, the
  236  traffic citation shall be mailed to the first name appearing on
  237  the registration, unless the first name appearing on the
  238  registration is a business organization, in which case the
  239  second name appearing on the registration may be used.
  240         d.If the vehicle involved in the violation is owned by a
  241  leasing or rental business, the citation shall be issued to the
  242  person to whom the vehicle was leased or rented at the time of
  243  the violation.
  244         e.The traffic citation shall be mailed to the registered
  245  owner of the motor vehicle involved in the violation no later
  246  than 60 days after the date of the violation.
  247         2.Included with the traffic citation to the registered
  248  owner of the motor vehicle involved in the infraction must be a
  249  notice that the owner has the right to review the photographic
  250  or electronic images and the streaming video evidence that
  251  constitutes a rebuttable presumption against the owner of the
  252  vehicle. The notice must state the time and place where the
  253  evidence may be examined and observed.
  254         (d)1.The owner of the motor vehicle involved in the
  255  violation is responsible and liable for paying the uniform
  256  traffic citation issued for a violation of s. 316.074(1) or s.
  257  316.075(1)(c)1. when the driver fails to stop at a traffic
  258  signal, unless the owner can establish that:
  259         a.The motor vehicle passed through the intersection in
  260  order to yield right-of-way to an emergency vehicle or as part
  261  of a funeral procession;
  262         b.The motor vehicle passed through the intersection at the
  263  direction of a law enforcement officer;
  264         c.The motor vehicle passed through the intersection due to
  265  a medical emergency as evidenced by a separate affidavit from a
  266  licensed health care practitioner;
  267         d.The motor vehicle was, at the time of the violation, in
  268  the care, custody, or control of another person;
  269         e.A uniform traffic citation was issued by a law
  270  enforcement officer to the driver of the motor vehicle for the
  271  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.; or
  272         f. Stopping at the red light would place the vehicle or
  273  vehicle passengers in imminent danger, as determined by a judge
  274  or presiding officer, or as evidenced in the streaming video or
  275  photographic images of the violation.
  276         2.In order to establish such facts, the owner of the motor
  277  vehicle shall, within 30 days after the date of issuance of the
  278  traffic citation, furnish to the appropriate governmental entity
  279  an affidavit setting forth detailed information supporting an
  280  exemption as provided in this paragraph.
  281         a.(I)An affidavit supporting an exemption under sub
  282  subparagraph 1.d. must include the name, address, date of birth,
  283  and, if known, the driver’s license number of the person who
  284  leased, rented, or otherwise had care, custody, or control of
  285  the motor vehicle at the time of the alleged violation. If the
  286  vehicle was stolen at the time of the alleged offense, the
  287  affidavit must include the police report indicating that the
  288  vehicle was stolen.
  289         (II) Upon receipt of the affidavit, the person designated
  290  as having care, custody, and control of the motor vehicle at the
  291  time of the violation may be issued a traffic citation for a
  292  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
  293  failed to stop at a traffic signal. The affidavit is admissible
  294  in a proceeding pursuant to this section for the purpose of
  295  providing proof that the person identified in the affidavit was
  296  in actual care, custody, or control of the motor vehicle. The
  297  owner of a leased or rented vehicle for which a traffic citation
  298  is issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  299  when the driver failed to stop at a traffic signal is not
  300  responsible for paying the traffic citation and is not required
  301  to submit an affidavit as specified in this subsection if the
  302  motor vehicle involved in the violation is registered in the
  303  name of the lessee of such motor vehicle.
  304         b.If a traffic citation for a violation of s. 316.074(1)
  305  or s. 316.075(1)(c)1. was issued at the location of the
  306  violation by a law enforcement officer, the affidavit must
  307  include the serial number of the uniform traffic citation.
  308  
  309  The submission of a false affidavit is a misdemeanor of the
  310  second degree, punishable as provided in s. 775.082 or s.
  311  775.083.
  312         (2)The photographic or electronic images or streaming
  313  video attached to the traffic citation is evidence that a
  314  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
  315  fails to stop at a traffic signal has occurred and is admissible
  316  in any proceeding to enforce this section and raises a
  317  rebuttable presumption that the motor vehicle named in the
  318  report or shown in the photographic or electronic images or
  319  streaming video evidence was used in violation of s. 316.074(1)
  320  or s. 316.075(1)(c)1. when the driver fails to stop at a traffic
  321  signal.
  322         (3)This section supplements the enforcement of s.
  323  316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
  324  when a driver fails to stop at a traffic signal, and this
  325  section does not prohibit a law enforcement officer from issuing
  326  a traffic citation for a violation of s. 316.074(1) or s.
  327  316.075(1)(c)1. when a driver fails to stop at a traffic signal
  328  in accordance with normal traffic-enforcement techniques.
  329         (4)(a)Each county or municipality that operates a traffic
  330  infraction detector shall submit a report by October 1 to the
  331  department which details the results of using the traffic
  332  infraction detector and the procedures for enforcement for the
  333  preceding state fiscal year. The information submitted by the
  334  counties and municipalities must include statistical data and
  335  information required by the department to complete the report
  336  required under paragraph (b).
  337         (b)On or before December 31, 2012, and annually
  338  thereafter, the department shall provide a summary report to the
  339  Governor, the President of the Senate, and the Speaker of the
  340  House of Representatives regarding the use and operation of
  341  traffic infraction detectors under this section, along with the
  342  department’s recommendations and any necessary legislation. The
  343  summary report must include a review of the information
  344  submitted to the department by the counties and municipalities
  345  and must describe the enhancement of the traffic safety and
  346  enforcement programs.
  347         Section 6. Subsection (6) of section 316.0745, Florida
  348  Statutes, is amended to read:
  349         316.0745 Uniform signals and devices.—
  350         (6) Any system of traffic control devices controlled and
  351  operated from a remote location by electronic computers or
  352  similar devices must shall meet all requirements established for
  353  the uniform system, and, if where such a system affects systems
  354  affect the movement of traffic on state roads, the design of the
  355  system shall be reviewed and approved by the Department of
  356  Transportation.
  357         Section 7. Section 316.07456, Florida Statutes, is created
  358  to read:
  359         316.07456Transitional implementation.—Any traffic
  360  infraction detector deployed on the highways, streets, and roads
  361  of this state must meet specifications established by the
  362  Department of Transportation, and must be tested at regular
  363  intervals according to specifications prescribed by the
  364  Department of Transportation. The Department of Transportation
  365  must establish such specifications on or before December 31,
  366  2010. However, any such equipment acquired by purchase, lease,
  367  or other arrangement under an agreement entered into by a county
  368  or municipality on or before July 1, 2011, or equipment used to
  369  enforce an ordinance enacted by a county or municipality on or
  370  before July 1, 2011, is not required to meet the specifications
  371  established by the Department of Transportation until July 1,
  372  2011.
  373         Section 8. Section 316.0776, Florida Statutes, is created
  374  to read:
  375         316.0776Traffic infraction detectors; placement and
  376  installation.—
  377         (1)Traffic infraction detectors are allowed on state roads
  378  when permitted by the Department of Transportation and under
  379  placement and installation specifications developed by the
  380  Department of Transportation. Traffic infraction detectors are
  381  allowed on streets and highways under the jurisdiction of
  382  counties or municipalities and under placement and installation
  383  specifications developed by the Department of Transportation.
  384         (2)(a)If the department, a county, or a municipality
  385  installs a traffic infraction detector at an intersection, the
  386  department, county, or municipality shall notify the public that
  387  a traffic infraction device may be in use at that intersection
  388  and must specifically include notification of camera enforcement
  389  of violations concerning right turns. Such signage used to
  390  notify the public must meet the specifications for uniform
  391  signals and devices adopted by the Department of Transportation
  392  pursuant to s. 316.0745.
  393         (b)If the department, a county, or a municipality begins a
  394  traffic infraction detector program in a county or municipality
  395  that has never conducted such a program, the respective
  396  department, county, or municipality shall also make a public
  397  announcement and conduct a public awareness campaign of the
  398  proposed use of traffic infraction detectors at least 30 days
  399  before commencing the enforcement program.
  400         Section 9. Paragraph (b) of subsection (1) and subsection
  401  (5) of section 316.640, Florida Statutes, are amended to read:
  402         316.640 Enforcement.—The enforcement of the traffic laws of
  403  this state is vested as follows:
  404         (1) STATE.—
  405         (b)1. The Department of Transportation has authority to
  406  enforce on all the streets and highways of this state all laws
  407  applicable within its authority.
  408         2.a. The Department of Transportation shall develop
  409  training and qualifications standards for toll enforcement
  410  officers whose sole authority is to enforce the payment of tolls
  411  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  412  construed to permit the carrying of firearms or other weapons,
  413  nor shall a toll enforcement officer have arrest authority.
  414         b. For the purpose of enforcing s. 316.1001, governmental
  415  entities, as defined in s. 334.03, which own or operate a toll
  416  facility may employ independent contractors or designate
  417  employees as toll enforcement officers; however, any such toll
  418  enforcement officer must successfully meet the training and
  419  qualifications standards for toll enforcement officers
  420  established by the Department of Transportation.
  421         3.For the purpose of enforcing s. 316.0083, the department
  422  may employ independent contractors or designate employees as
  423  traffic infraction enforcement officers. A traffic infraction
  424  enforcement officer must successfully complete instruction in
  425  traffic enforcement procedures and court presentation through
  426  the Selective Traffic Enforcement Program as approved by the
  427  Division of Criminal Justice Standards and Training of the
  428  Department of Law Enforcement, or through a similar program, but
  429  the traffic infraction enforcement officer need not otherwise
  430  meet the uniform minimum standards established by the Criminal
  431  Justice Standards and Training Commission for law enforcement
  432  officers or auxiliary law enforcement officers under s. 943.13.
  433  This subparagraph does not authorize the carrying of firearms or
  434  other weapons by a traffic infraction enforcement officer and
  435  does not authorize a traffic infraction enforcement officer to
  436  make arrests. The department’s traffic infraction enforcement
  437  officers must be physically located in the jurisdiction of the
  438  circuit court in which the violation occurred.
  439         (5)(a) Any sheriff’s department or police department of a
  440  municipality may employ, as a traffic infraction enforcement
  441  officer, any individual who successfully completes instruction
  442  in traffic enforcement procedures and court presentation through
  443  the Selective Traffic Enforcement Program as approved by the
  444  Division of Criminal Justice Standards and Training of the
  445  Department of Law Enforcement, or through a similar program, but
  446  who does not necessarily otherwise meet the uniform minimum
  447  standards established by the Criminal Justice Standards and
  448  Training Commission for law enforcement officers or auxiliary
  449  law enforcement officers under s. 943.13. Any such traffic
  450  infraction enforcement officer who observes the commission of a
  451  traffic infraction or, in the case of a parking infraction, who
  452  observes an illegally parked vehicle may issue a traffic
  453  citation for the infraction when, based upon personal
  454  investigation, he or she has reasonable and probable grounds to
  455  believe that an offense has been committed which constitutes a
  456  noncriminal traffic infraction as defined in s. 318.14. In
  457  addition, any such traffic enforcement officer may issue a
  458  traffic citation under s. 316.0083.
  459         (b) For purposes of enforcing s. 316.0083, any sheriff’s
  460  department or police department of a municipality may employ
  461  independent contractors or designate employees as traffic
  462  infraction enforcement officers. The traffic infraction
  463  enforcement officers must be physically located in the county of
  464  the respective sheriff or police department, or that of an
  465  adjacent sheriff or police department.
  466         (c)(b) The traffic enforcement officer shall be employed in
  467  relationship to a selective traffic enforcement program at a
  468  fixed location or as part of a crash investigation team at the
  469  scene of a vehicle crash or in other types of traffic infraction
  470  enforcement under the direction of a fully qualified law
  471  enforcement officer; however, it is not necessary that the
  472  traffic infraction enforcement officer’s duties be performed
  473  under the immediate supervision of a fully qualified law
  474  enforcement officer.
  475         (d)(c) This subsection does not permit the carrying of
  476  firearms or other weapons, nor do traffic infraction enforcement
  477  officers have arrest authority other than the authority to issue
  478  a traffic citation as provided in this subsection.
  479         Section 10. Subsection (3) of section 316.650, Florida
  480  Statutes, is amended to read:
  481         316.650 Traffic citations.—
  482         (3)(a) Except for a traffic citation issued pursuant to s.
  483  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  484  issuing a traffic citation to an alleged violator of any
  485  provision of the motor vehicle laws of this state or of any
  486  traffic ordinance of any municipality or town, shall deposit the
  487  original traffic citation or, in the case of a traffic
  488  enforcement agency that has an automated citation issuance
  489  system, the chief administrative officer shall provide by an
  490  electronic transmission a replica of the citation data to a
  491  court having jurisdiction over the alleged offense or with its
  492  traffic violations bureau within 5 days after issuance to the
  493  violator.
  494         (b) If a traffic citation is issued pursuant to s.
  495  316.1001, a traffic enforcement officer may deposit the original
  496  traffic citation or, in the case of a traffic enforcement agency
  497  that has an automated citation system, may provide by an
  498  electronic transmission a replica of the citation data to a
  499  court having jurisdiction over the alleged offense or with its
  500  traffic violations bureau within 45 days after the date of
  501  issuance of the citation to the violator. If the person cited
  502  for the violation of s. 316.1001 makes the election provided by
  503  s. 318.14(12) and pays the $25 fine, or such other amount as
  504  imposed by the governmental entity owning the applicable toll
  505  facility, plus the amount of the unpaid toll that is shown on
  506  the traffic citation directly to the governmental entity that
  507  issued the citation, or on whose behalf the citation was issued,
  508  in accordance with s. 318.14(12), the traffic citation will not
  509  be submitted to the court, the disposition will be reported to
  510  the department by the governmental entity that issued the
  511  citation, or on whose behalf the citation was issued, and no
  512  points will be assessed against the person’s driver’s license.
  513         (c)If a traffic citation is issued under s. 316.0083, the
  514  traffic infraction enforcement officer shall provide by
  515  electronic transmission a replica of the traffic citation data
  516  to the court having jurisdiction over the alleged offense or its
  517  traffic violations bureau within 5 days after the date of
  518  issuance of the traffic citation to the violator.
  519         Section 11. Subsection (2) of section 318.14, Florida
  520  Statutes, is amended to read:
  521         318.14 Noncriminal traffic infractions; exception;
  522  procedures.—
  523         (2) Except as provided in ss. s. 316.1001(2) and
  524  316.0083(3), any person cited for an infraction under this
  525  section must sign and accept a citation indicating a promise to
  526  appear. The officer may indicate on the traffic citation the
  527  time and location of the scheduled hearing and must indicate the
  528  applicable civil penalty established in s. 318.18.
  529         Section 12. Subsection (15) of section 318.18, Florida
  530  Statutes, is amended to read:
  531         318.18 Amount of penalties.—The penalties required for a
  532  noncriminal disposition pursuant to s. 318.14 or a criminal
  533  offense listed in s. 318.17 are as follows:
  534         (15)(a)1. One hundred and fifty-eight twenty-five dollars
  535  for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a
  536  driver has failed to stop at a traffic signal and when enforced
  537  by a law enforcement officer. Sixty dollars shall be distributed
  538  as provided in s. 318.21, $30 shall be distributed to the
  539  General Revenue Fund, and the remaining $68 $65 shall be
  540  remitted to the Department of Revenue for deposit into the
  541  Administrative Trust Fund of the Department of Health.
  542         2.One hundred and fifty-eight dollars for a violation of
  543  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  544  stop at a traffic signal and when enforced by the department’s
  545  traffic infraction enforcement officer. Eighty dollars shall be
  546  distributed to the General Revenue Fund, $45 shall be
  547  distributed to the county for any violations occurring in any
  548  unincorporated areas of the county or to the municipality for
  549  any violations occurring in the incorporated boundaries of the
  550  municipality in which the infraction occurred, $20 shall be
  551  remitted to the Department of Revenue for deposit into the
  552  Department of Health Administrative Trust Fund for distribution
  553  as provided in s. 395.4036(1), $5 shall be remitted to the
  554  Department of Revenue for deposit into the Brain and Spinal Cord
  555  Injury Trust Fund, and $8 shall be deposited into the Grants and
  556  Donations Trust Fund of the Agency for Health Care
  557  Administration to provide enhanced Medicaid payments to nursing
  558  homes that serve residents who require ventilator care and are
  559  Medicaid recipients. Proceeds of the infractions in the Brain
  560  and Spinal Cord Injury Trust Fund shall be distributed quarterly
  561  to the Miami Project to Cure Paralysis and shall be used for
  562  brain and spinal cord research.
  563         3.One hundred and fifty-eight dollars for a violation of
  564  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  565  stop at a traffic signal and when enforced by a county’s or
  566  municipality’s traffic infraction enforcement officer. Eighty
  567  dollars shall be distributed to the county or municipality
  568  issuing the traffic citation, $45 shall be distributed to the
  569  General Revenue Fund, $20 shall be remitted to the Department of
  570  Revenue for deposit into the Department of Health Administrative
  571  Trust Fund for distribution as provided in s. 395.4036(1), $5
  572  shall be remitted into the Department of Revenue for deposit
  573  into the Brain and Spinal Cord Injury Trust Fund, and $8 shall
  574  be deposited into the Grants and Donations Trust Fund of the
  575  Agency for Health Care Administration to provide enhanced
  576  Medicaid payments to nursing homes that serve residents who
  577  require ventilator care and are Medicaid recipients. Proceeds of
  578  the infractions in the Brain and Spinal Cord Injury Trust Fund
  579  shall be distributed quarterly to the Miami Project to Cure
  580  Paralysis and shall be used for brain and spinal cord research.
  581         (b)If a person who is cited for a violation of s.
  582  316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
  583  infraction enforcement officer under s. 316.0083, presents
  584  documentation from the appropriate governmental entity that the
  585  traffic citation was in error, the clerk of court may dismiss
  586  the case. The clerk of court shall not charge for this service.
  587         (c)A person may not receive a commission from any revenue
  588  collected from violations detected through the use of a traffic
  589  infraction detector. A manufacturer or vendor may not receive a
  590  fee or remuneration based upon the number of citations issued
  591  due to a traffic infraction detector enforcement system.
  592         Section 13. Section 321.50, Florida Statutes, is created to
  593  read:
  594         321.50Authorization to use traffic infraction detectors.
  595  The Department of Highway Safety and Motor Vehicles is
  596  authorized to use traffic infraction detectors to enforce s.
  597  316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
  598  a traffic signal on state roads as defined in chapter 316 which
  599  are under the original jurisdiction of the Department of
  600  Transportation, when permitted by the Department of
  601  Transportation and as provided under s. 316.0083.
  602         Section 14. Paragraph (d) of subsection (3) of section
  603  322.27, Florida Statutes, is amended to read:
  604         322.27 Authority of department to suspend or revoke
  605  license.—
  606         (3) There is established a point system for evaluation of
  607  convictions of violations of motor vehicle laws or ordinances,
  608  and violations of applicable provisions of s. 403.413(6)(b) when
  609  such violations involve the use of motor vehicles, for the
  610  determination of the continuing qualification of any person to
  611  operate a motor vehicle. The department is authorized to suspend
  612  the license of any person upon showing of its records or other
  613  good and sufficient evidence that the licensee has been
  614  convicted of violation of motor vehicle laws or ordinances, or
  615  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  616  more points as determined by the point system. The suspension
  617  shall be for a period of not more than 1 year.
  618         (d) The point system shall have as its basic element a
  619  graduated scale of points assigning relative values to
  620  convictions of the following violations:
  621         1. Reckless driving, willful and wanton—4 points.
  622         2. Leaving the scene of a crash resulting in property
  623  damage of more than $50—6 points.
  624         3. Unlawful speed resulting in a crash—6 points.
  625         4. Passing a stopped school bus—4 points.
  626         5. Unlawful speed:
  627         a. Not in excess of 15 miles per hour of lawful or posted
  628  speed—3 points.
  629         b. In excess of 15 miles per hour of lawful or posted
  630  speed—4 points.
  631         6. A violation of a traffic control signal device as
  632  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  633  However, no points shall be imposed for a violation of s.
  634  316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
  635  a traffic signal and when enforced by a traffic infraction
  636  enforcement officer. In addition, a violation of s. 316.074(1)
  637  or s. 316.075(1)(c)1. when a driver fails to stop at a traffic
  638  signal and when enforced by a traffic infraction enforcement
  639  officer may not be used for purposes of setting motor vehicle
  640  insurance rates.
  641         7. All other moving violations (including parking on a
  642  highway outside the limits of a municipality)—3 points. However,
  643  no points shall be imposed for a violation of s. 316.0741 or s.
  644  316.2065(12).
  645         8. Any moving violation covered above, excluding unlawful
  646  speed, resulting in a crash—4 points.
  647         9. Any conviction under s. 403.413(6)(b)—3 points.
  648         10. Any conviction under s. 316.0775(2)—4 points.
  649         Section 15. Subsection (1) of section 395.4036, Florida
  650  Statutes, is amended to read:
  651         395.4036 Trauma payments.—
  652         (1) Recognizing the Legislature’s stated intent to provide
  653  financial support to the current verified trauma centers and to
  654  provide incentives for the establishment of additional trauma
  655  centers as part of a system of state-sponsored trauma centers,
  656  the department shall use utilize funds collected under s. 318.18
  657  and deposited into the Administrative Trust Fund of the
  658  department to ensure the availability and accessibility of
  659  trauma and emergency services throughout the state as provided
  660  in this subsection.
  661         (a) Funds collected under s. 318.18(15)shall be distributed
  662  as follows:
  663         1. Eighteen Twenty percent of the total funds collected
  664  during the state fiscal year shall be distributed to verified
  665  trauma centers that have a local funding contribution as of
  666  December 31. Distribution of funds under this subparagraph shall
  667  be based on trauma caseload volume for the most recent calendar
  668  year available.
  669         2. Thirty-nine Forty percent of the total funds collected
  670  shall be distributed to verified trauma centers based on trauma
  671  caseload volume for the most recent calendar year available. The
  672  determination of caseload volume for distribution of funds under
  673  this subparagraph shall be based on the department’s Trauma
  674  Registry data.
  675         3. Thirty-nine Forty percent of the total funds collected
  676  shall be distributed to verified trauma centers based on
  677  severity of trauma patients for the most recent calendar year
  678  available. The determination of severity for distribution of
  679  funds under this subparagraph shall be based on the department’s
  680  International Classification Injury Severity Scores or another
  681  statistically valid and scientifically accepted method of
  682  stratifying a trauma patient’s severity of injury, risk of
  683  mortality, and resource consumption as adopted by the department
  684  by rule, weighted based on the costs associated with and
  685  incurred by the trauma center in treating trauma patients. The
  686  weighting of scores shall be established by the department by
  687  rule.
  688         4.Two percent of the total funds collected shall be
  689  distributed to hospitals that qualify for distributions under s.
  690  409.911(4), that are not verified trauma centers but are located
  691  in trauma services areas defined under s. 395.402, and that do
  692  not have a verified trauma center based on their proportionate
  693  number of emergency room visits on an annual basis. The Agency
  694  for Health Care Administration shall provide the department with
  695  a list of hospitals and emergency room visits.
  696         5.Two percent of the total funds collected shall be
  697  distributed to provide an enhanced Medicaid payment to nursing
  698  homes that serve residents who require ventilator care and are
  699  Medicaid recipients.
  700         (b) Funds collected under s. 318.18(5)(c) and (19) shall be
  701  distributed as follows:
  702         1. Thirty percent of the total funds collected shall be
  703  distributed to Level II trauma centers operated by a public
  704  hospital governed by an elected board of directors as of
  705  December 31, 2008.
  706         2. Thirty-five percent of the total funds collected shall
  707  be distributed to verified trauma centers based on trauma
  708  caseload volume for the most recent calendar year available. The
  709  determination of caseload volume for distribution of funds under
  710  this subparagraph shall be based on the department’s Trauma
  711  Registry data.
  712         3. Thirty-five percent of the total funds collected shall
  713  be distributed to verified trauma centers based on severity of
  714  trauma patients for the most recent calendar year available. The
  715  determination of severity for distribution of funds under this
  716  subparagraph shall be based on the department’s International
  717  Classification Injury Severity Scores or another statistically
  718  valid and scientifically accepted method of stratifying a trauma
  719  patient’s severity of injury, risk of mortality, and resource
  720  consumption as adopted by the department by rule, weighted based
  721  on the costs associated with and incurred by the trauma center
  722  in treating trauma patients. The weighting of scores shall be
  723  established by the department by rule.
  724         Section 16. If any provision of this act or its application
  725  to any person or circumstance is held invalid, the invalidity
  726  does not affect other provisions or applications of this act
  727  which can be given effect without the invalid provision or
  728  application, and to this end the provisions of this act are
  729  severable.
  730         Section 17. This act shall take effect July 1, 2010.

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