January 22, 2019
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       Florida Senate - 2010                      CS for CS for SB 2166
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Community Affairs; and Senator Altman
       
       
       
       576-05332-10                                          20102166c2
    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; providing that the
   39         required reports be terminated after a specified date;
   40         amending s. 316.0745, F.S.; requiring that traffic
   41         infraction detectors meet certain specifications;
   42         creating s. 316.07465, F.S.; requiring that traffic
   43         infraction detectors meet specifications established
   44         by the Department of Transportation; providing that a
   45         traffic infraction detector acquired by purchase,
   46         lease, or other arrangement under an agreement entered
   47         into by a county or municipality on or before a
   48         specified date is not required to meet the established
   49         specifications until a specified date; creating s.
   50         316.0776, F.S.; providing for the placement and
   51         installation of detectors on certain roads; requiring
   52         that if the state, a county, or a municipality
   53         installs a traffic infraction detector at an
   54         intersection, the state, county, or municipality shall
   55         notify the public that a traffic infraction device may
   56         be in use at that intersection; requiring that such
   57         signage meet the specifications for uniform signals
   58         and devices adopted by the Department of
   59         Transportation; amending s. 316.640, F.S.; requiring
   60         the Department of Transportation to develop training
   61         and qualification standards for traffic infraction
   62         enforcement officers; authorizing counties and
   63         municipalities to use independent contractors as
   64         traffic infraction enforcement officers; amending s.
   65         316.650, F.S.; requiring a traffic enforcement agency
   66         to provide to the court a replica of the citation data
   67         by electronic transmission for citations issued
   68         pursuant to the act; amending s. 318.14, F.S.;
   69         providing an exception from provisions requiring a
   70         person cited for an infraction for failing to stop at
   71         a traffic control signal steady red light to sign and
   72         accept a citation indicating a promise to appear;
   73         amending s. 318.18, F.S.; increasing certain fines;
   74         providing for penalties for infractions enforced by a
   75         traffic infraction enforcement officer; providing for
   76         distribution of fines; allowing the clerk of court to
   77         dismiss certain cases upon receiving documentation
   78         that the uniform traffic citation was issued in error;
   79         creating s. 321.50, F.S.; authorizing the Department
   80         of Highway Safety and Motor Vehicles to use traffic
   81         infraction detectors; amending s. 322.27, F.S.;
   82         prohibiting the assessment of points against a
   83         person’s driver’s license for infractions enforced by
   84         a traffic infraction enforcement officer; providing
   85         that such violations may not be used for purposes of
   86         setting motor vehicle insurance rates; providing for
   87         severability; providing an effective date.
   88  
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. This act may be cited as the “Mark Wandall
   92  Traffic Safety Act.”
   93         Section 2. Subsection (86) is added to section 316.003,
   94  Florida Statutes, to read:
   95         316.003 Definitions.—The following words and phrases, when
   96  used in this chapter, shall have the meanings respectively
   97  ascribed to them in this section, except where the context
   98  otherwise requires:
   99         (86)TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
  100  installed to work in conjunction with a traffic control signal
  101  and a camera or cameras synchronized to automatically record two
  102  or more sequenced photographic or electronic images and
  103  streaming video of only the rear of a motor vehicle at the time
  104  the vehicle fails to stop behind the stop bar or clearly marked
  105  stop line when facing a traffic control signal steady red light.
  106  Any traffic citation issued by the use of a traffic infraction
  107  detector must include a photograph or other recorded image
  108  showing both the license tag of the offending vehicle and the
  109  traffic control device being violated.
  110         Section 3. Section 316.0076, Florida Statutes, is created
  111  to read:
  112         316.0076Regulation and use of cameras.—Regulation of the
  113  use of cameras for enforcing the provisions of this chapter is
  114  expressly preempted to the state. Chapter 493 does not apply to
  115  the regulation of the use of cameras for enforcing the
  116  provisions of this chapter.
  117         Section 4. Subsection (7) is added to section 316.008,
  118  Florida Statutes, to read:
  119         316.008 Powers of local authorities.—
  120         (7)(a)Pursuant to s. 316.0083, a county or municipality
  121  may use traffic infraction detectors to enforce s. 316.074(1) or
  122  s. 316.075(1)(c)1. when a driver fails to stop at a traffic
  123  signal:
  124         1. On streets and highways under the jurisdiction of the
  125  respective county or municipality; and
  126         2.On state roads under the original jurisdiction of the
  127  Department of Transportation when permitted by the Department of
  128  Transportation.
  129         (b) Pursuant to paragraph (a), a municipality may install
  130  or, by contract or interlocal agreement, authorize the
  131  installation of any such detectors only within the incorporated
  132  area of the municipality, and a county may install or, by
  133  contract or interlocal agreement, authorize the installation of
  134  any such detectors only within the unincorporated area of the
  135  county.
  136         Section 5. Section 316.0083, Florida Statutes, is created
  137  to read:
  138         316.0083Mark Wandall Traffic Safety Program;
  139  administration; report.—
  140         (1)(a)For purposes of administering this section, the
  141  department, a county, or a municipality may authorize a traffic
  142  infraction enforcement officer under s. 316.640 to issue a
  143  traffic citation for a violation of s. 316.074(1) or s.
  144  316.075(1)(c)1. A notice of violation and a traffic citation may
  145  not be issued for failure to stop at a red light if the driver
  146  is making a right-hand turn in a careful and prudent manner at
  147  an intersection where right-hand turns are permissible. This
  148  paragraph does not prohibit a review of information from a
  149  traffic infraction detector by an authorized employee or agent
  150  of the department, a county, or a municipality before issuance
  151  of the traffic citation by the traffic infraction enforcement
  152  officer. This paragraph does not prohibit the department, a
  153  county, or a municipality from issuing notification as provided
  154  in paragraph (b) to the registered owner of the motor vehicle
  155  involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
  156         (b)1.a.Within 30 days after a violation, notification must
  157  be sent to the registered owner of the motor vehicle involved in
  158  the violation specifying the remedies available under s. 318.14,
  159  and specifying that the violator must pay the penalty of $158 to
  160  the department, county, or municipality, or furnish an affidavit
  161  in accordance with paragraph (d), within 30 days following the
  162  date of the notification in order to avoid court fees, costs,
  163  and the issuance of a traffic citation. The notification shall
  164  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 and the
  171  Internet location where the evidence may be examined and
  172  observed.
  173         2.Penalties assessed and collected by the department or by
  174  a county or municipality authorized to collect the penalties
  175  provided for in this paragraph shall be paid into the State
  176  Treasury weekly. Payment by the department, a county, or a
  177  municipality shall be made by means of electronic funds
  178  transfer. A county or municipality shall pay to the State
  179  Treasury only that portion of funds to be distributed to the
  180  General Revenue Fund and the Department of Health Administrative
  181  Trust Fund as required by 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. One hundred and three
  188  dollars shall be distributed to the General Revenue Fund, $45
  189  shall be distributed to the county for any violations occurring
  190  in any unincorporated areas of the county or to the municipality
  191  for any violations occurring in the incorporated boundaries of
  192  the municipality in which the infraction occurred, and $10 shall
  193  be 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).
  196         b.One hundred and fifty-eight dollars for a violation of
  197  s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop
  198  at a traffic signal and when enforced by a county or municipal
  199  traffic infraction enforcement officer. Seventy five dollars
  200  shall be retained by the county or municipality issuing the
  201  notification, $73 shall be distributed to the General Revenue
  202  Fund, and $10 shall be remitted to the Department of Revenue for
  203  deposit into the Department of Health Administrative Trust Fund
  204  for distribution as provided in s. 395.4036(1).
  205         4.A person may not receive a commission from any revenue
  206  collected from violations detected through the use of a traffic
  207  infraction detector. A manufacturer or vendor may not receive a
  208  fee or remuneration based upon the number of citations issued
  209  due to a traffic infraction detector enforcement system.
  210         (c)1.a.If payment under subparagraph (1)(b)1. is not made
  211  within 30 days, a traffic citation shall be issued by mailing
  212  the traffic citation by certified mail to the address of the
  213  registered owner of the motor vehicle involved in the violation
  214  of s. 316.074(1) or s. 316.075(1)(c)1.
  215         b.Delivery of the traffic citation constitutes
  216  notification.
  217         c.In the case of joint ownership of a motor vehicle, the
  218  traffic citation shall be mailed to the first name appearing on
  219  the registration, unless the first name appearing on the
  220  registration is a business organization, in which case the
  221  second name appearing on the registration may be used.
  222         d.If the vehicle involved in the violation is owned by a
  223  leasing or rental business, the citation shall be issued to the
  224  person to whom the vehicle was leased or rented at the time of
  225  the violation, provided that this information is provided to the
  226  department, county, or municipality within 14 days after receipt
  227  of the notification of the violation by the leasing or rental
  228  business.
  229         e.The traffic citation shall be mailed to the registered
  230  owner of the motor vehicle involved in the violation no later
  231  than 60 days after the date of the violation.
  232         2.Included with the traffic citation to the registered
  233  owner of the motor vehicle involved in the infraction must be a
  234  notice that the owner has the right to review the photographic
  235  or electronic images and the streaming video evidence that
  236  constitutes a rebuttable presumption against the owner of the
  237  vehicle. The notice must state the time and place and the
  238  Internet location where the evidence may be examined and
  239  observed.
  240         (d)1.The owner of the motor vehicle involved in the
  241  violation is responsible and liable for paying the uniform
  242  traffic citation issued for a violation of s. 316.074(1) or s.
  243  316.075(1)(c)1. when the driver fails to stop at a traffic
  244  signal, unless the owner can establish that:
  245         a.The motor vehicle passed through the intersection in
  246  order to yield right-of-way to an emergency vehicle or as part
  247  of a funeral procession;
  248         b.The motor vehicle passed through the intersection at the
  249  direction of a law enforcement officer;
  250         c.The motor vehicle passed through the intersection due to
  251  a medical emergency as evidenced by a separate affidavit from a
  252  licensed health care practitioner;
  253         d.The motor vehicle was, at the time of the violation, in
  254  the care, custody, or control of another person;
  255         e.A uniform traffic citation was issued by a law
  256  enforcement officer to the driver of the motor vehicle for the
  257  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.;
  258         f. Stopping at the red light would place the vehicle or
  259  vehicle passengers in imminent danger, as determined by a judge
  260  or presiding officer, or as evidenced in the streaming video or
  261  photographic images of the violation; or
  262         g.The vehicle was, at the time of the violation, an
  263  authorized emergency vehicle acting in response to an emergency
  264  call.
  265         2.In order to establish such facts, the owner of the motor
  266  vehicle shall, within 30 days after the date of issuance of the
  267  traffic citation, furnish to the appropriate governmental entity
  268  an affidavit setting forth detailed information supporting an
  269  exemption as provided in this paragraph.
  270         a.(I)An affidavit supporting an exemption under sub
  271  subparagraph 1.d. must include the name, address, date of birth,
  272  and, if known, the driver’s license number of the person who
  273  leased, rented, or otherwise had care, custody, or control of
  274  the motor vehicle at the time of the alleged violation. If the
  275  vehicle was stolen at the time of the alleged offense, the
  276  affidavit must include the police report indicating that the
  277  vehicle was stolen.
  278         (II) Upon receipt of the affidavit, the person designated
  279  as having care, custody, and control of the motor vehicle at the
  280  time of the violation may be issued a traffic citation for a
  281  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
  282  failed to stop at a traffic signal. The affidavit is admissible
  283  in a proceeding pursuant to this section for the purpose of
  284  providing proof that the person identified in the affidavit was
  285  in actual care, custody, or control of the motor vehicle. The
  286  owner of a leased or rented vehicle for which a traffic citation
  287  is issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  288  when the driver failed to stop at a traffic signal is not
  289  responsible for paying the traffic citation and is not required
  290  to submit an affidavit as specified in this subsection if the
  291  motor vehicle involved in the violation is registered in the
  292  name of the lessee of such motor vehicle.
  293         b.If a traffic citation for a violation of s. 316.074(1)
  294  or s. 316.075(1)(c)1. was issued at the location of the
  295  violation by a law enforcement officer, the affidavit must
  296  include the serial number of the uniform traffic citation.
  297  
  298  The submission of a false affidavit is a misdemeanor of the
  299  second degree, punishable as provided in s. 775.082 or s.
  300  775.083.
  301         (2)The photographic or electronic images or streaming
  302  video attached to the traffic citation is evidence that a
  303  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
  304  fails to stop at a traffic signal has occurred and is admissible
  305  in any proceeding to enforce this section and raises a
  306  rebuttable presumption that the motor vehicle named in the
  307  report or shown in the photographic or electronic images or
  308  streaming video evidence was used in violation of s. 316.074(1)
  309  or s. 316.075(1)(c)1. when the driver fails to stop at a traffic
  310  signal.
  311         (3)This section supplements the enforcement of s.
  312  316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
  313  when a driver fails to stop at a traffic signal, and this
  314  section does not prohibit a law enforcement officer from issuing
  315  a traffic citation for a violation of s. 316.074(1) or s.
  316  316.075(1)(c)1. when a driver fails to stop at a traffic signal
  317  in accordance with normal traffic-enforcement techniques.
  318         (4)(a)Each county or municipality that operates a traffic
  319  infraction detector shall submit a report by October 1 to the
  320  department which details the results of using the traffic
  321  infraction detector and the procedures for enforcement for the
  322  preceding state fiscal year. The information submitted by the
  323  counties and municipalities must include statistical data and
  324  information required by the department to complete the report
  325  required under paragraph (b).
  326         (b)On or before December 31, 2012, and annually
  327  thereafter, through December 31, 2017, the department shall
  328  provide a summary report to the Governor, the President of the
  329  Senate, and the Speaker of the House of Representatives
  330  regarding the use and operation of traffic infraction detectors
  331  under this section, along with the department’s recommendations
  332  and any necessary legislation. The summary report must include a
  333  review of the information submitted to the department by the
  334  counties and municipalities and must describe the enhancement of
  335  the traffic safety and enforcement programs.
  336         (c)This subsection expires January 1, 2018.
  337         Section 6. Subsection (6) of section 316.0745, Florida
  338  Statutes, is amended to read:
  339         316.0745 Uniform signals and devices.—
  340         (6) Any system of traffic control devices controlled and
  341  operated from a remote location by electronic computers or
  342  similar devices must shall meet all requirements established for
  343  the uniform system, and, if where such a system affects systems
  344  affect the movement of traffic on state roads, the design of the
  345  system shall be reviewed and approved by the Department of
  346  Transportation.
  347         Section 7. Section 316.07456, Florida Statutes, is created
  348  to read:
  349         316.07456Transitional implementation.—Any traffic
  350  infraction detector deployed on the highways, streets, and roads
  351  of this state must meet specifications established by the
  352  Department of Transportation, and must be tested at regular
  353  intervals according to specifications prescribed by the
  354  Department of Transportation. The Department of Transportation
  355  must establish such specifications on or before December 31,
  356  2010. However, any such equipment acquired by purchase, lease,
  357  or other arrangement under an agreement entered into by a county
  358  or municipality on or before July 1, 2011, or equipment used to
  359  enforce an ordinance enacted by a county or municipality on or
  360  before July 1, 2011, is not required to meet the specifications
  361  established by the Department of Transportation until July 1,
  362  2011.
  363         Section 8. Section 316.0776, Florida Statutes, is created
  364  to read:
  365         316.0776Traffic infraction detectors; placement and
  366  installation.—
  367         (1)Traffic infraction detectors are allowed on state roads
  368  when permitted by the Department of Transportation and under
  369  placement and installation specifications developed by the
  370  Department of Transportation. Traffic infraction detectors are
  371  allowed on streets and highways under the jurisdiction of
  372  counties or municipalities and under placement and installation
  373  specifications developed by the Department of Transportation.
  374         (2)(a)If the department, a county, or a municipality
  375  installs a traffic infraction detector at an intersection, the
  376  department, county, or municipality shall notify the public that
  377  a traffic infraction device may be in use at that intersection
  378  and must specifically include notification of camera enforcement
  379  of violations concerning right turns. Such signage used to
  380  notify the public must meet the specifications for uniform
  381  signals and devices adopted by the Department of Transportation
  382  pursuant to s. 316.0745.
  383         (b)If the department, a county, or a municipality begins a
  384  traffic infraction detector program in a county or municipality
  385  that has never conducted such a program, the respective
  386  department, county, or municipality shall also make a public
  387  announcement and conduct a public awareness campaign of the
  388  proposed use of traffic infraction detectors at least 30 days
  389  before commencing the enforcement program.
  390         Section 9. Paragraph (b) of subsection (1) and subsection
  391  (5) of section 316.640, Florida Statutes, are amended to read:
  392         316.640 Enforcement.—The enforcement of the traffic laws of
  393  this state is vested as follows:
  394         (1) STATE.—
  395         (b)1. The Department of Transportation has authority to
  396  enforce on all the streets and highways of this state all laws
  397  applicable within its authority.
  398         2.a. The Department of Transportation shall develop
  399  training and qualifications standards for toll enforcement
  400  officers whose sole authority is to enforce the payment of tolls
  401  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  402  construed to permit the carrying of firearms or other weapons,
  403  nor shall a toll enforcement officer have arrest authority.
  404         b. For the purpose of enforcing s. 316.1001, governmental
  405  entities, as defined in s. 334.03, which own or operate a toll
  406  facility may employ independent contractors or designate
  407  employees as toll enforcement officers; however, any such toll
  408  enforcement officer must successfully meet the training and
  409  qualifications standards for toll enforcement officers
  410  established by the Department of Transportation.
  411         3.For the purpose of enforcing s. 316.0083, the department
  412  may designate employees as traffic infraction enforcement
  413  officers. A traffic infraction enforcement officer must
  414  successfully complete instruction in traffic enforcement
  415  procedures and court presentation through the Selective Traffic
  416  Enforcement Program as approved by the Division of Criminal
  417  Justice Standards and Training of the Department of Law
  418  Enforcement, or through a similar program, but the traffic
  419  infraction enforcement officer need not otherwise meet the
  420  uniform minimum standards established by the Criminal Justice
  421  Standards and Training Commission for law enforcement officers
  422  or auxiliary law enforcement officers under s. 943.13. This
  423  subparagraph does not authorize the carrying of firearms or
  424  other weapons by a traffic infraction enforcement officer and
  425  does not authorize a traffic infraction enforcement officer to
  426  make arrests. The department’s traffic infraction enforcement
  427  officers must be physically located in the jurisdiction of the
  428  circuit court in which the violation occurred.
  429         (5)(a) Any sheriff’s department or police department of a
  430  municipality may employ, as a traffic infraction enforcement
  431  officer, any individual who successfully completes instruction
  432  in traffic enforcement procedures and court presentation through
  433  the Selective Traffic Enforcement Program as approved by the
  434  Division of Criminal Justice Standards and Training of the
  435  Department of Law Enforcement, or through a similar program, but
  436  who does not necessarily otherwise meet the uniform minimum
  437  standards established by the Criminal Justice Standards and
  438  Training Commission for law enforcement officers or auxiliary
  439  law enforcement officers under s. 943.13. Any such traffic
  440  infraction enforcement officer who observes the commission of a
  441  traffic infraction or, in the case of a parking infraction, who
  442  observes an illegally parked vehicle may issue a traffic
  443  citation for the infraction when, based upon personal
  444  investigation, he or she has reasonable and probable grounds to
  445  believe that an offense has been committed which constitutes a
  446  noncriminal traffic infraction as defined in s. 318.14. In
  447  addition, any such traffic enforcement officer may issue a
  448  traffic citation under s. 316.0083.
  449         (b)For purposes of enforcing s. 316.0083, any sheriff’s
  450  department or police department of a municipality may designate
  451  employees as traffic infraction enforcement officers. The
  452  traffic infraction enforcement officers must be physically
  453  located in the county of the respective sheriff or police
  454  department, or that of an adjacent sheriff or police department.
  455         (c)(b) The traffic enforcement officer shall be employed in
  456  relationship to a selective traffic enforcement program at a
  457  fixed location or as part of a crash investigation team at the
  458  scene of a vehicle crash or in other types of traffic infraction
  459  enforcement under the direction of a fully qualified law
  460  enforcement officer; however, it is not necessary that the
  461  traffic infraction enforcement officer’s duties be performed
  462  under the immediate supervision of a fully qualified law
  463  enforcement officer.
  464         (d)(c) This subsection does not permit the carrying of
  465  firearms or other weapons, nor do traffic infraction enforcement
  466  officers have arrest authority other than the authority to issue
  467  a traffic citation as provided in this subsection.
  468         Section 10. Subsection (3) of section 316.650, Florida
  469  Statutes, is amended to read:
  470         316.650 Traffic citations.—
  471         (3)(a) Except for a traffic citation issued pursuant to s.
  472  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  473  issuing a traffic citation to an alleged violator of any
  474  provision of the motor vehicle laws of this state or of any
  475  traffic ordinance of any municipality or town, shall deposit the
  476  original traffic citation or, in the case of a traffic
  477  enforcement agency that has an automated citation issuance
  478  system, the chief administrative officer shall provide by an
  479  electronic transmission a replica of the citation data to a
  480  court having jurisdiction over the alleged offense or with its
  481  traffic violations bureau within 5 days after issuance to the
  482  violator.
  483         (b) If a traffic citation is issued pursuant to s.
  484  316.1001, a traffic enforcement officer may deposit the original
  485  traffic citation or, in the case of a traffic enforcement agency
  486  that has an automated citation system, may provide by an
  487  electronic transmission a replica of the citation data to a
  488  court having jurisdiction over the alleged offense or with its
  489  traffic violations bureau within 45 days after the date of
  490  issuance of the citation to the violator. If the person cited
  491  for the violation of s. 316.1001 makes the election provided by
  492  s. 318.14(12) and pays the $25 fine, or such other amount as
  493  imposed by the governmental entity owning the applicable toll
  494  facility, plus the amount of the unpaid toll that is shown on
  495  the traffic citation directly to the governmental entity that
  496  issued the citation, or on whose behalf the citation was issued,
  497  in accordance with s. 318.14(12), the traffic citation will not
  498  be submitted to the court, the disposition will be reported to
  499  the department by the governmental entity that issued the
  500  citation, or on whose behalf the citation was issued, and no
  501  points will be assessed against the person’s driver’s license.
  502         (c)If a traffic citation is issued under s. 316.0083, the
  503  traffic infraction enforcement officer shall provide by
  504  electronic transmission a replica of the traffic citation data
  505  to the court having jurisdiction over the alleged offense or its
  506  traffic violations bureau within 5 days after the date of
  507  issuance of the traffic citation to the violator.
  508         Section 11. Subsection (2) of section 318.14, Florida
  509  Statutes, is amended to read:
  510         318.14 Noncriminal traffic infractions; exception;
  511  procedures.—
  512         (2) Except as provided in ss. s. 316.1001(2) and
  513  316.0083(3), any person cited for an infraction under this
  514  section must sign and accept a citation indicating a promise to
  515  appear. The officer may indicate on the traffic citation the
  516  time and location of the scheduled hearing and must indicate the
  517  applicable civil penalty established in s. 318.18.
  518         Section 12. Subsection (15) of section 318.18, Florida
  519  Statutes, is amended to read:
  520         318.18 Amount of penalties.—The penalties required for a
  521  noncriminal disposition pursuant to s. 318.14 or a criminal
  522  offense listed in s. 318.17 are as follows:
  523         (15)(a)1. One hundred and fifty-eight twenty-five dollars
  524  for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a
  525  driver has failed to stop at a traffic signal and when enforced
  526  by a law enforcement officer. Sixty dollars shall be distributed
  527  as provided in s. 318.21, $30 shall be distributed to the
  528  General Revenue Fund, and the remaining $68 $65 shall be
  529  remitted to the Department of Revenue for deposit into the
  530  Administrative Trust Fund of the Department of Health.
  531         2.One hundred and fifty-eight dollars for a violation of
  532  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  533  stop at a traffic signal and when enforced by the department’s
  534  traffic infraction enforcement officer. One hundred and three
  535  dollars shall be distributed to the General Revenue Fund, $45
  536  shall be distributed to the county for any violations occurring
  537  in any unincorporated areas of the county or to the municipality
  538  for any violations occurring in the incorporated boundaries of
  539  the municipality in which the infraction occurred, and $10 shall
  540  be remitted to the Department of Revenue for deposit into the
  541  Department of Health Administrative Trust Fund for distribution
  542  as provided in s. 395.4036(1).
  543         3.One hundred and fifty-eight dollars for a violation of
  544  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  545  stop at a traffic signal and when enforced by a county’s or
  546  municipality’s traffic infraction enforcement officer. Seventy
  547  five dollars shall be distributed to the county or municipality
  548  issuing the traffic citation, $73 shall be distributed to the
  549  General Revenue Fund, and $10 shall be remitted to the
  550  Department of Revenue for deposit into the Department of Health
  551  Administrative Trust Fund for distribution as provided in s.
  552  395.4036(1).
  553         (b)If a person who is cited for a violation of s.
  554  316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
  555  infraction enforcement officer under s. 316.0083, presents
  556  documentation from the appropriate governmental entity that the
  557  traffic citation was in error, the clerk of court may dismiss
  558  the case. The clerk of court shall not charge for this service.
  559         (c)A person may not receive a commission from any revenue
  560  collected from violations detected through the use of a traffic
  561  infraction detector. A manufacturer or vendor may not receive a
  562  fee or remuneration based upon the number of citations issued
  563  due to a traffic infraction detector enforcement system.
  564         Section 13. Section 321.50, Florida Statutes, is created to
  565  read:
  566         321.50Authorization to use traffic infraction detectors.
  567  The Department of Highway Safety and Motor Vehicles is
  568  authorized to use traffic infraction detectors to enforce s.
  569  316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
  570  a traffic signal on state roads as defined in chapter 316 which
  571  are under the original jurisdiction of the Department of
  572  Transportation, when permitted by the Department of
  573  Transportation and as provided under s. 316.0083.
  574         Section 14. Paragraph (d) of subsection (3) of section
  575  322.27, Florida Statutes, is amended to read:
  576         322.27 Authority of department to suspend or revoke
  577  license.—
  578         (3) There is established a point system for evaluation of
  579  convictions of violations of motor vehicle laws or ordinances,
  580  and violations of applicable provisions of s. 403.413(6)(b) when
  581  such violations involve the use of motor vehicles, for the
  582  determination of the continuing qualification of any person to
  583  operate a motor vehicle. The department is authorized to suspend
  584  the license of any person upon showing of its records or other
  585  good and sufficient evidence that the licensee has been
  586  convicted of violation of motor vehicle laws or ordinances, or
  587  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  588  more points as determined by the point system. The suspension
  589  shall be for a period of not more than 1 year.
  590         (d) The point system shall have as its basic element a
  591  graduated scale of points assigning relative values to
  592  convictions of the following violations:
  593         1. Reckless driving, willful and wanton—4 points.
  594         2. Leaving the scene of a crash resulting in property
  595  damage of more than $50—6 points.
  596         3. Unlawful speed resulting in a crash—6 points.
  597         4. Passing a stopped school bus—4 points.
  598         5. Unlawful speed:
  599         a. Not in excess of 15 miles per hour of lawful or posted
  600  speed—3 points.
  601         b. In excess of 15 miles per hour of lawful or posted
  602  speed—4 points.
  603         6. A violation of a traffic control signal device as
  604  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  605  However, no points shall be imposed for a violation of s.
  606  316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
  607  a traffic signal and when enforced by a traffic infraction
  608  enforcement officer. In addition, a violation of s. 316.074(1)
  609  or s. 316.075(1)(c)1. when a driver fails to stop at a traffic
  610  signal and when enforced by a traffic infraction enforcement
  611  officer may not be used for purposes of setting motor vehicle
  612  insurance rates.
  613         7. All other moving violations (including parking on a
  614  highway outside the limits of a municipality)—3 points. However,
  615  no points shall be imposed for a violation of s. 316.0741 or s.
  616  316.2065(12).
  617         8. Any moving violation covered above, excluding unlawful
  618  speed, resulting in a crash—4 points.
  619         9. Any conviction under s. 403.413(6)(b)—3 points.
  620         10. Any conviction under s. 316.0775(2)—4 points.
  621         Section 15. If any provision of this act or its application
  622  to any person or circumstance is held invalid, the invalidity
  623  does not affect other provisions or applications of this act
  624  which can be given effect without the invalid provision or
  625  application, and to this end the provisions of this act are
  626  severable.
  627         Section 16. This act shall take effect July 1, 2010.

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