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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

310904

CHAMBER ACTION

Senate

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House



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Senator Margolis moved the following substitute for amendment

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(352748):

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     Senate Amendment (with title amendment)

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     Between line(s) 2741 and 2742,

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insert:

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     Section 66.  Subsection (86) is added to section 316.003,

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Florida Statutes, to read:

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     316.003  Definitions.--The following words and phrases, when

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used in this chapter, shall have the meanings respectively

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ascribed to them in this section, except where the context

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otherwise requires:

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     (86) TRAFFIC INFRACTION DETECTOR.--A device using a vehicle

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sensor or sensors installed to work in conjunction with a traffic

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control signal and a camera or cameras that are synchronized to

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automatically record two or more sequenced photographic or

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electronic images or streaming video of only the rear of a motor

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vehicle at the time the vehicle fails to stop behind the stop bar

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or clearly marked stop line when facing a traffic control signal

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steady red light.

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     Section 67. Section 316.0083, Florida Statutes, as created

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by this act, may be cited as the "Mark Wandall Traffic Safety

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Program."

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     Section 68.  Section 316.0083, Florida Statutes, is created

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to read:

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     316.0083 Regulation and use of cameras for enforcement of

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provisions of this chapter.--

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     (1) The regulation and use of cameras for enforcing the

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provisions of this chapter are expressly preempted to the state.

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     (2) The department, the Department of Transportation,

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counties, and municipalities may use traffic infraction detectors

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to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver

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fails to stop at a traffic signal.

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     (3)(a) For purposes of administering this section, the

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department, the Department of Transportation, counties, and

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municipalities may by rule or ordinance authorize a traffic

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infraction detector enforcement officer or a law enforcement

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officer as defined in s. 943.10(1) to issue a uniform traffic

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citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

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If the driver of the motor vehicle receives a uniform traffic

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citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

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issued by a law enforcement officer, then a uniform traffic

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citation may not be issued by a traffic infraction detector

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enforcement officer. The term "traffic infraction detector

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enforcement officer" means the designee of the department, the

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Department of Transportation, a county, or a municipality who is

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authorized to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a

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driver fails to stop at a traffic signal. The department, the

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Department of Transportation, counties, and municipalities may

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designate traffic infraction detector enforcement officers

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pursuant to s. 316.640(1).

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     (b) A citation issued under this section shall be issued by

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mailing the citation by first-class mail or certified mail,

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return receipt requested, to the address of the registered owner

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of the motor vehicle involved in the violation. Mailing the

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citation to this address constitutes notification. In the case of

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joint ownership of a motor vehicle, the traffic citation shall be

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mailed to the first name appearing on the registration, unless

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the first name appearing on the registration is a business

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organization, in which case the second name appearing on the

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registration may be used. The citation must be mailed to the

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registered owner of the motor vehicle involved in the violation

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within 7 days after the date of the violation. Notice of and

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instructions for accessing a secure website displaying a 10-

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second video of the violation shall be provided with the

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citation.

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     (c) The owner of the motor vehicle involved in the

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violation is responsible and liable for paying the citation

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issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

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when the driver failed to stop at a traffic signal, unless the

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owner can establish that the motor vehicle was, at the time of

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the violation, in the care, custody, or control of another

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person. In order to establish such facts, the owner of the motor

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vehicle shall, within 14 days after the date of issuance of the

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citation, furnish to the appropriate governmental entity an

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affidavit setting forth:

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     1. The name, address, date of birth, and, if known, the

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driver's license number of the person who leased, rented, or

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otherwise had care, custody, or control of the motor vehicle at

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the time of the alleged violation;

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     2. If the vehicle was stolen at the time of the alleged

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offense, the police report indicating that the vehicle was

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stolen; or

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     3. If a citation for a violation of s. 316.074(1) or s.

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316.075(1)(c)1. was issued at the location of the violation by a

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law enforcement officer, the serial number of the uniform traffic

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citation.

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Upon receipt of an affidavit, the person designated as having

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care, custody, and control of the motor vehicle at the time of

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the violation may be issued a citation for a violation of s.

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316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop

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at a traffic signal. The affidavit is admissible in a proceeding

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pursuant to this section for the purpose of providing proof that

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the person identified in the affidavit was in actual care,

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custody, or control of the motor vehicle. The owner of a leased

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vehicle for which a citation is issued for a violation of s.

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316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop

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at a traffic signal is not responsible for paying the citation

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and is not required to submit an affidavit as specified in this

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subsection if the motor vehicle involved in the violation is

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registered in the name of the lessee of such motor vehicle.

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     (d) A written report of a traffic infraction detector

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enforcement officer, along with photographic or electronic images

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or streaming video evidence that a violation of s. 316.074(1) or

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s. 316.075(1)(c)1. when the driver failed to stop at a traffic

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signal has occurred, is admissible in any proceeding to enforce

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this section and raises a rebuttable presumption that the motor

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vehicle named in the report or shown in the photographic or

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electronic images or streaming video evidence was used in

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violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver

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failed to stop at a traffic signal.

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     (4) The submission of a false affidavit is a misdemeanor of

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the second degree, punishable as provided in s. 775.082 or s.

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775.083.

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     (5) This section supplements the enforcement of s.

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316.074(1) or s. 316.075(1)(c)1. by law enforcement officers when

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a driver fails to stop at a traffic signal, and this section does

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not prohibit a law enforcement officer from issuing a citation

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for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a

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driver fails to stop at a traffic signal in accordance with

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normal traffic-enforcement techniques.

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     (6)(a) The Department of Transportation shall, on or before

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October 1, 2008, adopt and publish minimum specifications for the

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operation and implementation of traffic infraction detectors on

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the streets and highways of the state. The minimum specifications

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shall, insofar as is practicable, conform to the Traffic

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Engineering Manual of the Department of Transportation and shall

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be revised from time to time to include changes necessary to

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conform to any uniform national system or to meet local or state

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needs. The specifications shall include, but need not be limited

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to, the size and purpose of stop bars, the duration time of

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signal phases, signage and other public awareness requirements,

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the amount of before and after photographic or electronic imaging

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or streaming video needed, yellow light duration time, and

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location of the rear tires in relation to the stop bar. The

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Department of Transportation shall require mandatory reporting of

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all accidents at the intersections using traffic infraction

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detectors and shall provide information relating to those

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accidents to the Legislature by March 1, 2010. The Department of

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Transportation may call upon representatives of local authorities

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to assist in preparing or revising the uniform specifications of

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traffic infraction detectors.

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     (b) All traffic infraction detectors operated or

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implemented in this state by any public body or official must

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conform to the specifications for operation and implementation of

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traffic infraction detectors published by the Department of

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Transportation pursuant to this subsection.

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     (c) A public body or official may not operate or implement

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a traffic infraction detector in this state unless it conforms to

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the specifications published by the Department of Transportation.

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A public body may not sell a traffic infraction detector to any

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nongovernmental entity or person.

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     (d) Before installing a traffic infraction detector at an

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intersection, a municipality, county, or Department of

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Transportation traffic engineer must review and certify that all

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other applicable safety-related engineering measures have been

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considered. Unless the manufacturer or vendor is furnishing the

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traffic infraction detectors to a county or municipality pursuant

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to a contract entered into on or before April 1, 2008, any

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manufacturer or vendor that operates or implements a traffic

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infraction detector without such certification is ineligible to

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bid or furnish traffic infraction detectors to any public body or

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official for such period of time as may be established by the

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Department of Transportation; however, such period of time may

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not be less than 1 year following the date of notification of

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ineligibility.

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     (e) The Department of Transportation may, after a hearing

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pursuant to 14 days' notice, direct the removal of any traffic

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infraction detector wherever located which purportedly fails to

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meet the specifications of this subsection. The public agency

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operating or implementing a traffic infraction detector shall

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immediately remove the traffic infraction detector upon the

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direction of the Department of Transportation and may not, for a

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period of 5 years, install any replacement traffic infraction

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detector unless written prior approval is received from the

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Department of Transportation. Any additional violation by a

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public body or official is cause for withholding state funds for

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traffic control purposes until such public body or official

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demonstrates to the Department of Transportation that it is

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complying with this subsection.

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     (f) The Department of Transportation may authorize the

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installation of traffic infraction detectors that are not in

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conformity with the published specifications upon a showing of

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good cause.

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     (g) Any traffic infraction detector acquired under a

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contract entered into by a county or municipality that has

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entered into a RFP or negotiation process on or before April 1,

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2008, is not required to meet the specifications for operation

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and implementation of traffic infraction detectors published by

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the Department of Transportation pursuant to this subsection

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until July 1, 2013.

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     (7) Any manufacturer or vendor desiring to bid for the

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performance of operating or implementing a traffic infraction

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detector must first be qualified by the Department of

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Transportation and without such qualification is ineligible to

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bid or furnish traffic infraction detectors to any public body or

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official in this state unless the manufacturer or vendor is

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furnishing the traffic infraction detectors to a county or

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municipality pursuant to a contract entered into on or before

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April 1, 2008. A manufacturer or vendor may not receive a fee

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based upon the number of citations issued unless the manufacturer

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or vendor entered into a contract with a municipality or county

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to furnish traffic infraction detectors prior to April 1, 2008.

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As of July 1, 2013, no contract in effect on or before April 1,

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2008, relating to the operation or implementation of traffic

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infraction detectors, may authorize a vendor or manufacturer to

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receive a fee based upon the number of citations issued.

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     Section 69.  Paragraph (b) of subsection (1) of section

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316.640, Florida Statutes, is amended to read:

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     316.640  Enforcement.--The enforcement of the traffic laws

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of this state is vested as follows:

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     (1)  STATE.--

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     (b)1.  The Department of Transportation has authority to

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enforce on all the streets and highways of this state all laws

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applicable within its authority.

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     2.a.  The Department of Transportation shall develop

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training and qualifications standards for toll enforcement

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officers whose sole authority is to enforce the payment of tolls

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pursuant to s. 316.1001. Nothing in this subparagraph shall be

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construed to permit the carrying of firearms or other weapons,

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nor shall a toll enforcement officer have arrest authority.

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     b.  For the purpose of enforcing s. 316.1001, governmental

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entities, as defined in s. 334.03, which own or operate a toll

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facility may employ independent contractors or designate

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employees as toll enforcement officers; however, any such toll

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enforcement officer must successfully meet the training and

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qualifications standards for toll enforcement officers

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established by the Department of Transportation.

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     3.a. The Department of Transportation shall develop

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training and qualifications standards for traffic infraction

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detector enforcement officers whose sole authority is to enforce

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s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop

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at a traffic signal pursuant to s. 316.0083. This subparagraph

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does not authorize the carrying of firearms or other weapons by a

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traffic infraction enforcement officer and does not authorize a

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traffic infraction detector enforcement officer to make arrests.

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     b. For the purpose of enforcing s. 316.0083, the

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department, the Department of Transportation, counties, and

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municipalities may designate employees as traffic infraction

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detector enforcement officers; however, any such traffic

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infraction detector enforcement officer must successfully meet

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the training and qualifications standards for traffic infraction

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detector enforcement officers established by the Department of

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Transportation.

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     Section 70.  Subsection (15) of section 318.18, Florida

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Statutes, is amended to read:

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     318.18  Amount of penalties.--The penalties required for a

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noncriminal disposition pursuant to s. 318.14 or a criminal

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offense listed in s. 318.17 are as follows:

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     (15)(a) One hundred twenty-five dollars for a violation of

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s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to

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stop at a traffic signal and when enforced by a law enforcement

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officer. Sixty dollars shall be distributed as provided in s.

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318.21, and the remaining $65 shall be remitted to the Department

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of Revenue for deposit into the Administrative Trust Fund of the

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Department of Health.

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     (b) Seventy dollars for each violation of s. 316.074(1) or

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s. 316.075(1)(c)1. when a driver has failed to stop at a traffic

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signal and when enforced by a traffic infraction detector

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enforcement officer and, notwithstanding any other provision of

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law, $60 shall be distributed in the same manner as the

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applicable municipal or county parking ordinance, and the

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remaining $10 shall be remitted to the Department of Revenue for

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deposit into the Administrative Trust Fund of the Department of

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Health and distributed pursuant to s. 395.4036.

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Except for s. 318.121 and 318.1215, no other fees may be charged

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by any entity for a violation of s. 316.074(1) or s.

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316.075(1)(c)1. when enforced by a traffic infraction detector

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enforcement officer.

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     Section 71.  Paragraph (d) of subsection (3) of section

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322.27, Florida Statutes, is amended to read:

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     322.27  Authority of department to suspend or revoke

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license.--

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     (3)  There is established a point system for evaluation of

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convictions of violations of motor vehicle laws or ordinances,

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and violations of applicable provisions of s. 403.413(6)(b) when

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such violations involve the use of motor vehicles, for the

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determination of the continuing qualification of any person to

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operate a motor vehicle. The department is authorized to suspend

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the license of any person upon showing of its records or other

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good and sufficient evidence that the licensee has been convicted

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of violation of motor vehicle laws or ordinances, or applicable

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provisions of s. 403.413(6)(b), amounting to 12 or more points as

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determined by the point system. The suspension shall be for a

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period of not more than 1 year.

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     (d)  The point system shall have as its basic element a

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graduated scale of points assigning relative values to

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convictions of the following violations:

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     1.  Reckless driving, willful and wanton--4 points.

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     2.  Leaving the scene of a crash resulting in property

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damage of more than $50--6 points.

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     3.  Unlawful speed resulting in a crash--6 points.

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     4.  Passing a stopped school bus--4 points.

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     5.  Unlawful speed:

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     a.  Not in excess of 15 miles per hour of lawful or posted

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speed--3 points.

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     b.  In excess of 15 miles per hour of lawful or posted

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speed--4 points.

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     6.  A violation of a traffic control signal device as

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provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

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However, no points shall be imposed for a violation of s.

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316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop

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at a traffic signal and when enforced by a traffic infraction

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detector enforcement officer.

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     7.  All other moving violations (including parking on a

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highway outside the limits of a municipality)--3 points. However,

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no points shall be imposed for a violation of s. 316.0741 or s.

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316.2065(12).

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     8.  Any moving violation covered above, excluding unlawful

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speed, resulting in a crash--4 points.

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     9.  Any conviction under s. 403.413(6)(b)--3 points.

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     10.  Any conviction under s. 316.0775(2)--4 points.

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     Section 72. The Department of Highway Safety and Motor

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Vehicles and the Department of Transportation shall jointly

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submit a report on the efficacy of traffic infraction detectors

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in enhancing public safety to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives on or

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before January 1, 2013.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 3048, after the semicolon,

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insert:

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amending s. 316.003, F.S.; defining the term "traffic

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infraction detector"; providing a short title; creating s.

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316.0083, F.S.; preempting to the state the use of cameras

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to enforce traffic laws; authorizing the use of traffic

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infraction detectors and traffic infraction detector

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enforcement officers by the Department of Highway Safety

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and Motor Vehicles, the Department of Transportation,

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counties, and municipalities; providing requirements for

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notifying a driver of the issuance of a citation;

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providing that the owner of the motor vehicle involved in

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a violation is responsible and liable for payment of the

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fine assessed; providing exceptions; establishing

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admissibility of evidence as a rebuttable presumption of a

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violation; providing that submission of a false affidavit

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constitutes a second-degree misdemeanor; requiring the

341

Department of Transportation to adopt and publish

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specifications relating to the operation and

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implementation of traffic infraction detectors; requiring

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that the specifications conform to certain minimum

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requirements; requiring the certification of a location by

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a traffic engineer before a detector is installed;

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authorizing the Department of Transportation to direct the

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removal of a detector that fails to meet the required

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specifications; authorizing the department to allow the

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installation of a detector that does not conform to the

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required specification upon a showing of good cause;

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exempting certain existing traffic infraction detectors

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from the requirements for meeting the department's

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specifications for a specified period; requiring the

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qualification of vendors by the Department of

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Transportation; amending s. 316.640, F.S.; directing the

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Department of Transportation to develop training and

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qualifications for traffic infraction detector enforcement

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officers; amending s. 318.18, F.S.; providing for

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penalties and distribution of fines for failing to stop at

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a traffic signal when such violation is enforced by a

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traffic infraction detector enforcement officer; amending

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s. 322.27, F.S.; prohibiting the imposition of points

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against a violator's driver's license for infractions

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enforced by a traffic infraction detector enforcement

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officer; directing the Department of Highway Safety and

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Motor Vehicles and the Department of Transportation to

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jointly report the efficacy of traffic infraction

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detectors on or before a specified date;

5/1/2008  1:51:00 PM     35-09460-08

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

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