HomeMy WebLinkAbout2010 06 14 Public Hearings 500 First Reading Ordinance Number 2010-13 Mark Wandall Safety Act (2010) -111111. gyummiw-
COMMISSION AGENDA
Consent
Informational
ITEM S00 Public Hearing X
Regular
June 14, 2010 MGR. /DEPT. 0<i)
Regular Meeting Author tion C7)
REQUEST: The City Attorney requests that the City Commission pass on First Reading
Ordinance No. 2010 -13, which implements the provisions of the Mark Wandall Safety Act (2010)
regarding the enforcement of red light traffic infraction detectors.
EXECUTIVE SUMMARY:
The Florida Legislature recently enacted the Mark Wandall Safety Act (Act) during the 2010
Legislative Session and the Act was approved and signed by the Governor. Effective July 1,
2010, the Act preempts municipal home rule authority regarding the use of red light traffic
infraction detectors. However, the Act expressly authorizes the use of red light traffic infraction
detectors by municipalities under uniform State guidelines. As a result of the Act, the City must
adopt Ordinance 2010 -13 amending the City Red Light Camera Enforcement Program to comply
with the provisions of the Act.
CONSIDERATIONS:
1. The Florida Legislature recently enacted the Mark Wandall Safety Act (Act) during the 2010
Legislative Session and the Act was approved and signed by the Governor. See Ch. 2010 -80,
Laws of Florida (2010).
2. Effective July 1, 2010, the Act preempts municipal home rule with respect to the
implementation and enforcement of red light traffic infraction detectors. However, the Act
expressly authorizes the use of red light traffic infraction detectors by municipalities under
uniform State guidelines.
3. Because of the preemption of municipal home rule effective July 1, 2010, the City will
need to modify its Red Light Infraction Ordinance to comply with the provisions of the Act.
4. Although the entire Act is attached to this Agenda Item, the Act summarily differs from
the current City Red Light Infraction Ordinance in several important areas:
REGULAR MEETING - JUNE 14, 2010
PUBLIC HEARING AGENDA ITEM "500"
PAGE 2 OF 2
A. The City will be required to cite violators using the Uniform Traffic Citation if
payment is not made by the violator. A fine is established at $158 per violation (Note: no points
are assessed for violating the traffic control signal devices.)
B. Upon receipt of payment for violations enforced by the City, the City will receive
$75 and the City will be responsible for remitting the remainder to the State Department of
Revenue for deposit in the General Fund ($70), Department of Health Administrative Trust Fund
($10), and Brain and Spinal Cord Injury Trust Fund ($3). On the other hand, the City will
receive $45 if violations are enforced by the Florida Department of Transportation on roads
within the City's jurisdiction.
C. FDOT is required to establish uniform specifications for traffic infraction
detectors deployed on the highways, streets, and roads of the State on or before December 31,
2010. However, any such equipment acquired by purchase, lease, other arrangement under an
agreement by a City on or before July 1, 2011 or equipment to enforce an ordinance enacted by a
City on or before July 1, 2011, is not required to meet the specifications established by FDOT
until July 1, 2011.
5. The use of red light traffic infraction detectors, and the installation and enforcement
thereof, will now become regulated by the State effective July 1, 2010. Therefore, effective July
1, 2010, the City must modify its current red light traffic enforcement program to comply with
the Act.
6. Because of the changes in law, the City will also need to negotiate contract changes with
(ATS) American Traffic Solutions, who currently assists the City in implementing the City's Red
Light Traffic Enforcement Program.
FISCAL IMPACT:
The precise fiscal impact is yet to be determined. It is likely the City will receive less revenue for
every violation because of the new State revenue sharing requirement under the Act. Moreover,
contract changes with ATS, who currently receives $40 of every violation collected by the City,
will need to be renegotiated to factor in the changes of law.
RECOMMENDATIONS:
The City Attorney recommends that the City Commission pass Ordinance 2010 -13 on First
Reading, and advertise the Ordinance for second and Final Reading at the next regular
Commission meeting.
ATTACHMENTS:
1. Ordinance 2010 -13
2. Chapter 2010 -80, Laws of Florida
ORDINANCE NO. 2010 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY CODE BY AMENDING CHAPTER 12, TRAFFIC AND
VEHICLES, ARTICLE IV, "RED LIGHT CODE
ENFORCEMENT INFRACTION "; PROVIDING FOR
RECORDED IMAGE MONITORING AND ENFORCEMENT
OF RED LIGHT TRAFFIC CONTROL SIGNALS
CONSISTENT WITH GENERAL LAW AS PROVIDED BY
CHAPTER 2010 -80, LAWS OF FLORIDA (2010);
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION; PROVIDING FOR SAVINGS,
RATIFICATION AND RESERVATION OF RIGHTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS /CS /HB325 during the 2010
Legislative Session authorizing the use of traffic infraction detectors to enforce certain
provisions of Chapter 316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS /CS /HB325 into law
on May 13, 2010, resulting in the certain creation of Chapter 2010 -80, Laws of Florida
(2010) (the "Mark Wanda ll Traffic Safety Act" or the "Act ") taking effect on July 1, 2010;
and
WHEREAS, the running of red lights continues to be a safety hazard affecting
every citizen and traveler in the City of Winter Springs; and
WHEREAS, the City wishes to further reduce the running of red lights by
amending its Code of Ordinances to implement the Act; and
WHEREAS, the City Commission finds that the provisions of Ordinance 08 -27,
City Code Sections 12 -80 through 12 -96, of the City Code, which were previously
authorized by the City's Home Rule authority and by Sec. 316.008(1)(w), Florida
Statutes, will be as of July 1, 2010, preempted by the State as provided by Section 3 of
the Act; and
WHEREAS, the City Commission desires to amend Sections 12 -80 through 12-
96 of the City Code so as to conform with and implement the Act.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. Recitals Adopted. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part of
this Ordinance upon adoption hereof.
Section 2. Section 2. Code Amendment. The City of Winter
Springs Code, Chapter 12, Motor hicles and Traffic, is hereby amended as follows:
(underlined type indicates additions and strikeeot type indicates deletions, while
asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 12. It is
intended that the text in Chapter 12 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
CHAPTER 12 Motor Vehicles and Traffic
Article IV. Red Light Code Enforcement Infraction.
Sec. 12 -80. Legislative findings and intent/purpose.
kb) The purpose of this Article is to authorize the use of unmanned
traffic infraction detectors to promote compliance with red
Tight signal directives as set forth in this Article, and to adopt a civil enforcement system
for red light signal violations, all in accord with general law, including Chapter 2010 -80,
Laws of Florida (2010) (the "Mark Wandall Traffic Safety Act" or "Act "). This Ordinance
will supplement law enforcement personnel in the enforcement of red Tight signal
violations and shall not prohibit law enforcement officers from issuing a citation for a red
light signal violation in accordance with normal statutory traffic enforcement techniques.
Sec. 12 -81. Use of traffic infraction detectors ' .
The City shall utilize • _ _ -- .. _ _ e _ _ _ _ - _ _ _ _ _ _ =••=• - traffic
infraction detectors pursuant to general law as a supplemental means of monitoring
compliance with the state laws related to traffic control signals, while assisting law
enforcement personnel in the enforcement of such laws, which are designed to protect
and improve public health, safety and welfare. This Section shall not supersede,
infringe, curtail or impinge upon state laws related to red Tight signal violations or conflict
with such laws. The City may shall utilize ' traffic infraction
detectors as an ancillary deterrent to traffic control and traffic signal violations and
thereby reduce accidents and injuries associated with such violations. Notices —o€
Sec. 12 -82. Definitions. For purposes of this Article, the following words and
phrases shall have the following ascribed meaning:
2
(a). Intersection means the area embraced within the prolongation or
connection of the lateral curb line; or, if none, then the lateral boundary lines of the
roadways of two roads which join or intersect one another at, or approximately at, right
angles; or the area within which vehicles traveling upon different roads joining at any
other angle may come in conflict.
(b). Motor vehicle means the meaning set forth in the definition in Section
316.003 (21), Florida Statutes, or its successor provision.
LC1(4). Owner means the person or entity identified by the Florida
Department of Highway Safety and Motor Vehicles, or other State vehicle registration
office, as the registered owner of a vehicle. - - . - -- _ . - _ _ --=-- - . _ - - _ -
{ Recorded Images means images recorded by a tra fiGw ontrol- cignall
: traffic infraction detector which is operated in accordance
with the Act.
1. On:
(4. Red Zone Infraction means a traffic offense whereby a traffic control cignal • -
- -1- - - - - - = - - -"• - - - _ - - 7.= - - - . traffic infraction
detector indicates a violation of Section 12 -83.
- - - - - - - - - •- - - , lorida Statutos.
•
•
signal-- indicati - - - - - - - - - - - - - -
3
(fl. Traffic infraction detector. A vehicle sensorfs) installed to work in
conjunction with a traffic control signal and a camera or cameras synchronized to
automatically record two or more sequenced photographic or electronic images or
streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop
behind the stop bar or clearly marked stop line when facing a traffic control signal
steady red light.
(g). Traffic Infraction Enforcement Officer. The City Police Department
employee(s) designated, pursuant to subsection 12 -86(b) herein, to review recorded
images and issue red zone infractions based upon those images.
Sec. 12 -83. Adherence to red light traffic control signals.
(a). Pursuant to general law, a A motor vehicle facing a traffic control signal's
steady red light indication shall stop before entering the crosswalk on the near side of
an intersection or, if none, then before entering the intersection, and shall remain
standing until a green indication is shown on the traffic control signal; provided,
however, the driver of a motor vehicle which is sped -at approaching a clearly marked
stop line, or if none, is approaching at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersection roadway before entering
the intersection in obedience of a steady red traffic control signal, may make a right turn
in a careful and prudent manner (unless such turn is otherwise prohibited by posted
sign or other traffic control device), but shall yield right -of -way to pedestrians and other
traffic proceeding as directed by the traffic control signal at the intersection.
(b). Pursuant to general law, motor vehicles facing a traffic control signal that
is malfunctioning, inoperable or is emitting a flashing red light shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest to the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after
making a stop at a stop sign. In the event that only some of the traffic control signals
within an intersection are malfunctioning, inoperative or emitting a flashing red light the
driver of the vehicle approaching the malfunctioning, inoperative or flashing red traffic
control signal shall stop in the above prescribed manner.
Sec. 12 -84. Violation. A violation of this Article (Red Zone Infraction) shall
occur when a vehicle does not comply with the requirements of Section 12 -83.
Violations shall be enforced pursuant to F.S. § 316.0083.
4
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Sec. j2at jnitaaisormisf
Wi hi , - Ci _ e ' M. as - • a • ed t. i l• -men a •rovisi., -, •
-• -u-, of ...ter +11 -:0 L,/ of • - da 20 • -s m. am- •-• •u
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Sec. 12 -86. Review of recorded images.
(a). The owner observed by recorded images committing a red zone infraction
shall be issued a notice of infraction no later than thirty (30) days after the red zone
infraction occurs. The recorded image shall be sufficient grounds to issue a notice of
infraction.
(b). The City shall designate one or more Traffic Infraction
Enforcement Officers, who shall be Police Officers of the City and who shall meet the
qualifications set forth in Section 316.640, Florida Statutes, or any other relevant
statute, - - . _ •. _ _ _ _ . •_ • : 5• . The Traffic Infraction Enforcement
Officer . _e- _ - — _ . •_ :• shall review recorded images prior to the
issuance of a notice of infraction to ensure accuracy and the integrity of the recorded
images. The Traffic Infraction Enforcement Officer - - - - _ - - _ _ • - - shall
also verify that the traffic infraction detector -e' _ -_•.e '• •. . _ _ • - _ - that
captured the recorded images was functioning properly at the time the recorded images
were captured. Once the Traffic Infraction Enforcement Officer
review-officer has verified the accuracy of the recorded images and functionality of the
traffic infraction detector -e' "e' _ . - .: _ ' -. he or she shall complete a
weft review of the violation and authorize enforcement action, and a notice of
violationtiflfraction shall be sent to the owner at the address on record with the Florida
Department of Highway Safety and Motor Vehicles or any other state's vehicle
registration office.
Sec. 12 -87. Notice of violation.
Within thirty (30) days after a violation, notification must be sent to the registered
owner of the motor vehicle involved in the violation specifying the remedies available
under F.S. § 318.14, and that the violator must pay the penalty of $158.00 to the City or
furnish an affidavit in accordance with paragraph (11) within thirty j30) days following
the date of the notification in order to avoid court fees, costs, and the issuance of a
traffic citation. The notification shall be sent by first -class mail, and shall include:
5
(1). The name and address of the vehicle owner;
(2). The license plate number and registration number of the motor
vehicle;
(3). The make, model, and year of the motor vehicle;
(4). Notice that the infraction violation charged is pursuant to this
Ordinance Article;
(5). The location of the intersection where the violation occurred;
(6). The date and time of the red zone infraction;
infraction-;
f7} A statement that the owner has the right to review the recorded
images that constitute a rebuttable presumption against the owner,
together with a statement of the time and place or Internet location
where the evidence may be examined and observed.
(8)7. Images depicting the infraction, showing the license tag of the
offending vehicle and the traffic control device being violated;
Copies of the recorded image& relating to the vehicle and a
infraction;
(9). Instructions on all methods of payment of the penalty;
(10). Statement specifying the remedies available under F.S. § 318.14;
(11). A statement that the owner must pay a penalty of $158 to the City
or provide an affidavit supporting an exemption that complies with
F.S. § 316.0083 within thirty (30) days of the date the notice is
issued in order to avoid court fees, costs, and the issuance of a
Uniform Traffic Citation;
8. The civil penalty imposed;
notice of infraction;;
6
(12)14-.A signed statement by the Traffic Infraction Epfo cement Offi9e
- - -e' - - - - - e' that, based on inspection of recorded
images, the vehicle was involved in a red zone infraction;
herein.
Sec. 12 -88. Uniform Traffic Citation.
If a owner receives a notice and fails to pay the penalty imposed by F.S.
16.0083 or to provide an affidavit supporting an exemption that complies with the
provisions of F.S. § 316.0083 within thirty (30) days of the date the notice is issued,
then a Uniform Traffic Citation shall be issued to the vehicle owner as provided by
general law. The Uniform Traffic Citation shall be issued no later than sixty (60) days
after the date that the red zone infraction occurs. The owner shall be responsible and
liable for paying the Uniform Traffic Citation unless the owner furnishes, within thirty (30)
days after the date of issuance of the Uniform Traffic Citation, an affidavit supporting an
exemption that complies with F.S. § 316.0083. Upon receipt of an affidavit, the person
designated as having care, custody, and control of the motor vehicle at the time of the
violation may be issued a Uniform Traffic Citation under this Article, and shall be
responsible and liable for paving the citation. The submission of a false affidavit is a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083,
Florida Statutes.
Sec. 12-89. Signage.
When the City installs a traffic infraction detector at an intersection, it shall erect
signage at the intersection sufficient to notify the public that a traffic infraction detector
may be in use at the intersection and shall include specific notification of intersection
safety camera enforcement of violations concerning right turns. Such signage shall
meet the specifications for uniform signals and devices adopted by the Department of
Transportation pursuant to F.S. § 316.0745.
Sec. 12 -90. Consistency with State Law.
(a). This Article shall be interpreted and applied so that it is consistent with state
law, specifically, Ch. 2010 -80, Laws of Florida (2010), the Mark Wandall Traffic Safety
Act.
7
(b). Any amendment to an applicable state law shall automatically apply to the
enforcement and application of this Article, whether or not this Article or any provision,
hereof has been amended to specifically address such amendment to state law.
Without limitation, any future amendment regarding the amount of the civil penalty or
the apportionment of the proceeds thereof shall be deemed applied in the enforcement
of this Article, even prior to a specific amendment to this Article to make the Article
expressly consistent with such change in state law with respect to the amount of the
penalty or the apportionment of proceeds thereof.
of-infraction'; -or
8
(2). The motor. vehi - _ _ ' - _ - • - - - - - - - _ - - -• -
', .•- • - -- - - -- - - =- - - • • - -=- --e= _ •-
(3). The motor - vehicle _ - _ _ - =-e = _ _ • -
(4). The motor vehicl: _ - _ - - _' _ _ _ _ _ _ •- - _ _ _ - - •
_
control signal in order to reaconably protect th
another;
- . • - - z - • - -- - - - • - -- • - ;
• - •• _ - -- •• - e - • - -_ •• -• --- - - - p e.
- •
- - - - - - •_ - - - • - _ _ - \ --- -• - - _ d
• f. • -- • • • • • •
(a). In order for the owner to establish that the motor vehicle was, at the time
_ -- - - • •• • .- _, - -- -- , - -- • - - - •- _ -_ -- • -- _
_ - - •_ - • 1 • •-••-, --- - , - - - - _ --• -
9
•- • - - -- - - • -- - - _ -
infraction-
(3). The following langua= • •• • _. •- _ - - - _ _ - - - - -
af idavit -an e • - _ - - - - - • - - • .
S 12 A•1 OonaIti
(a). A violation of this Articlo chall be doomed a non criminal, non moving
(b). As the violation relates to thic Articlo and not the Florida Statutos, no
-- • -, -- - - - =- - - - - . - -- - - - - - -_ _ -- -_- - • _ - T.
- • -.
.. .
procedures. • • - • • - - --_ _- -- - - e.-e.
fit.
10
de -enfe -- - - -- - - • . - _ .. - -- —•e - -- - -- - - -
cad = - _ = - -- - e . .. - - - - - -
-- - - - - - - - - ---•- - = =- - - ---= - -=
Ge 4i lion.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts
of prior ordinances and resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated
into the Winter Springs City Code and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical, and like errors may be corrected and additions, alterations,
and omissions, not affecting the construction or meaning of this ordinance and the City
Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any other
reason, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 6. Savings, Ratification and Reservation of Rights.
a. In accordance with paragraph (c) below of this Section, all fines penalties,
fees and costs imposed pursuant to the provisions of Article IV of Chapter 12 of the City
Code, which provisions existed immediately prior to July 1, 2010, are hereby authorized,
approved, ratified and confirmed, and shall continue to be due and owing until paid to
City.
b. The Code Enforcement Board operating pursuant to Article IV, Chapter 12
of the City Code, shall continue to have jurisdiction over any violations for which a
hearing has been timely requested by the violator pursuant to the provisions of Article IV
of Chapter 12 of the City Code which existed immediately prior to July 1, 2010.
c. Notwithstanding any other provision of this Ordinance above, the
provisions of the Article IV, Chapter 12 of the City Code, which existed immediately prior
11
to July 1, 2010, shall remain in full force and effect solely to the extent necessary to
effectuate paragraphs (a) and (b) above of this Section, but shall not be applicable to
any violation that occurred on and after July 1, 2010.
d. City hereby preserves and reserves each and every right, power,
authority, benefit and exemption bestowed upon City and City's Automated Red Light
Enforcement program ( "Program ") pursuant to CS /HB 325 as enacted by Chapter 2010-
80, Laws of Florida (2010), including but not limited to any right, power, authority,
benefit and/or exemption vested in City or City's program as having been established
prior to July 1, 2010 or before other deadlines established by the Act.
Section 7. Effective date. This Ordinance shall become effective July 1, 2010,
and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 28th day of June, 2010.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: June 14, 2010
Second Reading: June 28, 2010
Effective Date: July 1, 2010
12
CHAPTER 2010 -80
Council Substitute for
Committee Substitute for House Bill No. 325
An act relating to uniform traffic control; providing a short title; amending s.
316.003, F.S.; defining the term "traffic infraction detector "; creating s.
316.0076, F.S.; preempting to the state the use of cameras to enforce traffic
laws; amending s. 316.008, F.S.; authorizing counties and municipalities to
use traffic infraction detectors under certain circumstances; creating s.
316.0083, F.S.; creating the Mark Wandall Traffic Safety Program;
authorizing the Department of Highway Safety and Motor Vehicles, a
county, or a municipality to use a traffic infraction detector to identify a
motor vehicle that fails to stop at a traffic control signal steady red light;
requiring authorization of a traffic infraction enforcement officer to issue
and enforce a citation for such violation; requiring notification to be sent to
the registered owner of the motor vehicle involved in the violation;
requiring the notification to include certain information about the owner's
right to review evidence; providing requirements for the notification;
providing for collection of penalties; providing for distribution of penalties
collected; providing that an individual may not receive a commission or
per- ticket fee from any revenue collected from violations detected through
the use of a traffic infraction detector and a manufacturer or vendor may
not receive a fee or remuneration based upon the number of violations
detected through the use of a traffic infraction detector; providing
procedures for issuance, disposition, and enforcement of citations; provid-
ing for exemptions; providing that certain evidence is admissible for
enforcement; providing penalties for submission of a false affidavit;
prohibiting the use of such detectors to enforce a violation when a driver
fails to stop prior to making a right or left turn; providing that the act does
not preclude the issuance of citations by law enforcement officers;
requiring reports from participating municipalities and counties to the
department; requiring the department to make reports to the Governor
and Legislature; amending s. 316.0745, F.S.; revising a provision that
requires certain remotely operated traffic control devices to meet certain
specifications; creating s. 316.07456, F.S.; requiring traffic infraction
detectors to meet specifications established by the Department of
Transportation; providing that a traffic infraction detector acquired by
purchase, lease, or other arrangement under an agreement entered into by
a county or municipality on or before a specified date is not required to
meet the established specifications until a specified date; creating s.
316.0776, F.S.; providing for the placement and installation of detectors on
certain roads when permitted by and under the specifications of the
department; requiring that if the state, county, or municipality installs a
traffic infraction detector at an intersection, the state, county, or
municipality shall notify the public that a traffic infraction device may
be in use at that intersection; requiring that such signage posted at the
intersection meet the specifications for uniform signals and devices
1
Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
adopted by the Department of Transportation; requiring that traffic
infraction detectors meet specifications established by the Department
of Transportation; requiring a public awareness campaign if such detectors
are to be used; amending s. 316.640, F.S.; requiring the Department of
Transportation to develop training and qualification standards for traffic
infraction enforcement officers; authorizing counties and municipalities to
use independent contractors as traffic infraction enforcement officers;
amending s. 316.650, F.S.; requiring a traffic enforcement officer to provide
to the court a replica of the citation data by electronic transmission under
certain conditions; amending s. 318.14, F.S.; providing an exception from
provisions requiring a person cited for an infraction for failing to stop at a
traffic control signal steady red light to sign and accept a citation
indicating a promise to appear; amending s. 318.18, F.S.; increasing
certain fines; providing for penalties for infractions enforced by a traffic
infraction enforcement officer; providing for distribution of fines; allowing
the clerk of court to dismiss certain cases upon receiving documentation
that the uniform traffic citation was issued in error; providing that an
individual may not receive a commission or per- ticket fee from any revenue
collected from violations detected through the use of a traffic infraction
detector and a manufacturer or vendor may not receive a fee or
remuneration based upon the number of violations detected through the
use of a traffic infraction detector; creating s. 321.50, F.S.; authorizing the
Department of Highway Safety and Motor Vehicles to use traffic infraction
detectors under certain circumstances; amending s. 322.27, F.S.; providing
that no points may be assessed against the driver's license for infractions
enforced by a traffic infraction enforcement officer; providing that
infractions enforced by a traffic infraction enforcement officer may not
be used for purposes of setting motor vehicle insurance rates; requiring the
retention of certain penalty proceeds collected prior to the Department of
Revenue's ability to receive and distribute such funds; providing an
appropriation and for carryforward of any unexpended balance; providing
for severability; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Mark Wandall Traffic Safety Act."
Section 2. Subsection (86) is added to section 316.003, Florida Statutes,
to read:
316.003 Definitions. —The following words and phrases, when used in
this chapter, shall have the meanings respectively ascribed to them in this
section, except where the context otherwise requires:
(86) TRAFFIC INFRACTION DETECTOR. —A vehicle sensor installed
to work in conjunction with a traffic control signal and a camera or cameras
synchronized to automatically record two or more sequenced photographic or
electronic images or streaming video of only the rear of a motor vehicle at the
time the vehicle fails to stop behind the stop bar or clearly marked stop line
when facing a traffic control signal steady red light. Any notification under s.
2
Ch. 201Q -80 LAWS OF FLORIDA Ch. 2010 -80
316.0O83(1)(b) or traffic citation issued by the use of a traffic infraction
detector must include s._ photograph or other recorded image showing both
the license tag of the offending vehicle and the traffic control device being
violated.
Section 3. Section 316.0076, Florida Statutes, is created to read:
316.0Q76 Regulation and use of cameras. — Regulation of the use of
cameras for enforcing the provisions of this chapter is expressly preempted to
the state. The regulation of the use of cameras for enforcing the provisions of
this chanter is not required to comply with provisions of chanter 493.
Section 4. Subsection (7) is added to section 316.008, Florida Statutes, to
read:
316.008 Powers of kcal authorities. —
(7)(a) A county or municipality may use traffic infraction detectors to
enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a
traffic signal on streets and highways under their jurisdiction under s.
316.0083. Only a municipality may install or authorize the installation of any
such detectors within the incorporated area of the municipality. Only a
county may install or authorize the installation of any such detectors within
the unincorporated area of the county.
(b) Pursuant to paragraph (a), a municipality may install or. by contract
or interlocal agreement. authorize the installation of any such detectors only
within the incorporated area of the municipality, and a county may install or,
by contract or interlocal agreement. authorize the installation of any such
detectors only within the unincorporated area of the county. A county may
authorize installation of any such detectors by interlocal agreement on roads
under its jurisdiction.
Section 5. Section 316.0083, Florida Statutes, is created to read:
316.0083 Mark Wandall Traffic Safety Program: administration; report.
(1)(a) For purposes of administering this section, the department, a
county, or a municipality may authorize a traffic infraction enforcement
officer under s. 316.640 to issue a traffic citation for a violation of s.
316.074(1) or s. 316.075(1)(c)1. A notice of violation and a traffic citation may
not be issued for failure to stop at a red light if the driver is making a right -
hand turn in a careful and prudent manner at an intersection where right -
hand turns are permissible. This paragraph does not prohibit a review of
information from a traffic infraction detector by an authorized employee or
agent of the department, a county, or a municipality before issuance of the
traffic citation by the traffic infraction enforcement officer. This paragraph
does not prohibit the department, a county, or a municipality from issuing
notification as provided in paragraph (b) to the registered owner of the motor
vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
(b)1.a. Within 30 days after a violation, notification must be sent to the
registered owner of the motor vehicle involved in the violation specifying the
remedies available under s. 318.14 and that the violator must pay the
penalty of $158 to the department. county, or municipality. or furnish an
affidavit in ace4rdance with paragraph (d). within 30 days following the date
of the notification in order to avoid court fees, costs, and the issuance of a
traffic citation. The notification shall be sent by first -class mail.
b. Included with the notification to the registered owner of the motor
vehicle involved in the infraction must be a notice that the owner has the
right to review the photographic or electronic images or the streaming video
evidence that constitutes a rebuttable presumption against the owner of the
vehicle. The notice must state the time and place or Internet location where
the evidence may be examined and observed.
2. Penalties assessed and collected by the department, county, or
municipality authorized to collect the funds provided for in this paragraph.
less the amount retained by the county or municipality pursuant to
subparagraph 3., shall be paid to the Department of Revenue weekly..
Payment by the department, county, or municipality to the state shall be
made by means of electronic funds transfers. In addition to the payment,
summary detail of the penalties remitted shall be reported to the Depart-
ment of Revenue.
3. Penalties to be assessed and collected by the department, county, or
municipality are as follows:
a. One hundred fifty -eight dollars for a violation of s. 316,074(1) or s.
316.075(1)(c)1, when a driver has failed to stop at a traffic signal if
enforcement is by the department's traffic infraction enforcement officer.
One hundred dollars shall be remitted to the Department of Revenue for
deposit into the General Revenue Fund, $10 shall be remitted to the
Department of Revenue for deposit into the Department of Health Admin-
istrative Trust Fund, $3 shall be remitted to the Department of Revenue for
deposit into the Brain and Spinal Cord Injury Trust Fund, and $45 shall be
distributed to the municipality in which the violation occurred, or, if the
violation occurred in an unincorporated area, to the county in which the
violation occurred. Funds deposited into the Department of Health Admin-
istrative Trust Fund under this sub- subparagraph shall be distributed as
provided in s. 395.4036(1). Proceeds of the infractions in the Brain and Spinal
Cord Injury Trust Fund shall be distributed quarterly to the Miami Project to
Cure Paralysis and shall be used for brain and spinalsord research.
b. One hundred fifty -eight dollars for a violation of s. 316,074(1) or s.
316.075(1)(c)1. when a driver has failed to stop at a traffic signal if
enforcement is by a county or municipal traffic infraction enforcement
officer. Seventy dollars shall be remitted by the county or municipality to the
Department of Revenue for deposit into the General Revenue Fund, $10 shall
be remitted to the Department of Revenue for deposit into the Department of
Health Administrative Trust Fund. $3 shall be remitted to the Department
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund, and
$75 shall be retained by the county or municipality enforcing the ordinance
enacted pursuant to this section. Funds deposited into the Department of
Health Administrative Trust Fund under this sub- subparagraph shall be
distributed as provided in s, 395.4036(1). Proceeds of the infractions in the
Brain and Spinal Cord Injury Trust Fund shall be distributed quarterly to
the Miami Project to Cure Paralysis and shall be used for brain and spinal
cord research.
4. An individual m:37 not receive a commission from any revenue
collected from violations detected through the use of a traffic infraction
detector. A manufacturer or vendor may not receive a fee or remuneration
based upon the number of violations detected through the use of a traffic
infraction detector.
(c)1.a. A traffic citation issued under this section shall be issued by
mailing the traffic citation by certified mail to the address of the registered
owner of the motor vehicle involved in the violation when payment has not
been made within 30 days after notification under subparagraph (b)1.
b. Delivery of the traffic citation constitutes notification under this
paragraph.
c. In the case of joint ownership of a motor vehicle, the traffic citation
shall be mailed to the first name appearing on the registration, unless the
first name appearing on the registration is a business organization, in which
case the second name appearing on the registration may be used.
d. The traffic citation shall be mailed to the registered owner of the motor
vehicle involved in the violation no later than 60 days after the date of the
violation.
2. Included. with the notification to the registered owner of the motor
vehicle involved in the infraction shall be a notice that the owner has the
right to review, either in person or remotely, the photographic or electronic
images or the streaming video evidence that constitutes a rebuttable
presumption against the owner of the vehicle. The notice must state the
time and place or Internet location where the evidence may be examined and
observed.
(d)1. The owner of the motor vehicle involved in the violation is
responsible and liable for paying the uniform traffic citation issued for a
violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at
a traffic signal, unless the owner can establish that:
a. The motor vehicle passed through the intersection in order to yield
right -of -way to an emergency vehicle or as part of a funeral procession;.
b. The motor vehicle passed through the intersection at the direction of a
law enforcement officer;
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
c. The motor vehicle was, at the time of the violation, in the care, custody,
Sr control Qf another p rson• or
d. A uniform traffic citation was issued sy a law enforcement officer to the
driver of the motor vehicle for the alleged violation of s. 316.074(1) or s.
316.075(1)(c)1.
2. In order to establish such facts. the owner of the motor vehicle shall,
within 30 days after the date of issuance of the traffic citation, furnish to the
appropriate governmental entity an affidavit setting forth detailed informa-
tion supporting an exemption as provided in this paragraph.
a. An affidavit supporting an exemption under sub - subparagraph 1.c.
must include the name, address, date of birth, and, if known, the driver's
license number of the person who leased. rented. or otherwise had care,
custody, or control of the motor vehicle at the time of the alleged violation. If
the vehicle was stolen at the time of the alleged offense, the affidavit must
include the police report indicating that the vehicle was stolen.
b. If a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
was issued at the location of the violation by a law enforcement officer, the
affidavit must include the serial number of the uniform traffic citation.
3. Upon receipt of an affidavit, the person designated as having care.
custody. and control of the motor vehicle at the time of the violation may be
issued a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
when the driver failed to stop at a traffic signal. The affidavit is admissible in
a proceeding pursuant to this section for the purpose of providing proof that
the person identified in the affidavit was in actual care. custody,9r control of
the motor vehicle. The owner of a leased vehicle for which a traffic citation is.
issued for a violation of s, 316.074(1) or s, 316,075(1)(c)1. when the driver
failed to stop at a traffic signal is not responsible for paying the traffic
citation and is not required to submit an affidavit as specified in this
subsection if the motor yehicle involved in the violation is registered in the
name of the lessee of such motor vehicle.
4. The submission of a false affidavit is a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
(e) The photographic or electronic images or streaming video attached to
or referenced in the traffic citation is evidence that a violation of s. 316.074(11
or s, 316.075(1)(c)1. when the driver failed to stop at a traffic signal has
occurred and is admissible in any proceeding to enforce this section and
raises a rebuttable presumption that the motor vehicle named in the report
or shown in the photographic or electronic images or streaming video
evidence was used in violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
driver failed to stop at a traffic signal.
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
(2) A notice of violation and a traffic citation may net be issued for failure
to stop at a red light if the driver is making a right -hand turn in a careful and
prudent manner at an intersection where right -hand turns are permissible,
(3) This section supplements the enforcement of s. 316.Q74(1) or s.
316.075(1)(c)1. by law enforcement officers when a driver fails to stop at a
traffic signal and does not prohibit a law enforcement officer from issuing a
traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a
driver fails to stop at a traffic signal in accordance with normal traffic
enforcement techniques.
(4)(a) Each county or municipality that operates a traffic infraction
detector shall submit a report by October 1, 2012 annually thereafter, to
the department which details the results of using the traffic infraction
detector and the procedures for enforcement for the preceding state fiscal
year. The information submitted by the counties and municipalities must
include statistical data and information required by the department to
complete the report required under paragraph (b).
(b) On or before December 31, 2012, and annually thereafter, the
department shall provide a summary report to the Governor, the President
of the Senate, and the Speaker of the House of Representatives regarding the
use and operation of traffic infraction detectors under this section, along with
the department's recommendations and any necessary legislation. The
summary report must include a review of the information submitted to
the department by the counties and municipalities and must describe the
enhancement of the traffic safety and enforcement programs.
Section 6. Subsection (6) of section 316.0745, Florida Statutes, is
amended to read:
316.0745 Uniform signals and devices. —
(6) Any system of traffic control devices controlled and operated from a
remote location by electronic computers or similar devices must shall meet
all requirements established for the uniform system, and, if where such a
system affects syst-ems- affeet the movement of traffic on state roads, the
design of the system shall be reviewed and approved by the Department of
Transportation.
Section 7. Section 316.07456, Florida Statutes, is created to read:
316.07456 Transitional implementation. —Any traffic infraction detector
deployed on the highways, streets, and roads of this state must meet
specifications established by the Department of Transportation. and must be
tested at regular intervals according to specifications prescribed by the
Department of Transportation. The Department of Transportation must
establish such specifications on or before December 31, 2010. However, any
such equipment acquired by purchase, lease, or other arrangement under an
agreement entered into by a county or municipality on or before July 1, 2011.
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
or equipment used to enforce an ordinance enacted by a county or
municipality on or before July 1, 2Q11, is not required to meet the
specifications established by the Department of Transportation until July
1, 2011.
Section 8. Section 316.0776, Florida Statutes, is created to read:
316.0776 Traffic infraction detectors; placement and installation. —
(1) Traffic infraction detectors are allowed on state roads when permitted
by the Department of Transportation and under placement and installation
specifications developed by the Department of Transportation. Traffic
infraction detectors are allowed on streets and highways under the
jurisdiction of counties or municipalities in accordance with placement
and installation specifications developed by the Department of Transporta-
tion.
(2)(a) If the department, county. or municipality installs a traffic
infraction detector at an intersection, the department, county, or munici-
pality shall notify the public that a traffic infrac device m ay b in use at
that intersection and must specifically include notification of camera
enforcement of violations concerning right turns. Such signage used to
notify the public must meet the specifications for uniform signals and devices
adopted by the Department of Transportation pursuant to s. 316.0745.
(b) If the department, county, or municipality begins a traffic infraction
detector program in a county or municipality that has never conducted such a
program, the respective department, county, or municipality shall also make
a public announcement and conduct a public awareness campaign of the
proposed use of traffic infraction detectors at least 30 days before commen-
cing the enforcement program,
Section 9. Paragraph (b) of subsection (1) and subsection (5) of section
316.640, Florida Statutes, are amended to read:
316.640 Enforcement. —The enforcement of the traffic laws of this state
is vested as follows:
(1) STATE. —
(b)1. The Department of Transportation has authority to enforce on all
the streets and highways of this state all laws applicable within its authority.
2.a. The Department of Transportation shall develop training and
qualifications standards for toll enforcement officers whose sole authority
is to enforce the payment of tolls pursuant to s. 316.1001. Nothing in this
subparagraph shall be construed to permit the carrying of firearms or other
weapons, nor shall a toll enforcement officer have arrest authority.
b. For the purpose of enforcing s. 316.1001, governmental entities, as
defined in s. 334.03, which own or operate a toll facility may employ
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
independent contractors or designate employees as toll enforcement officers;
however, any such toll enforcement officer must successfully meet the
training and qualifications standards for toll enforcement officers estab-
lished by the Department of Transportation.
3. For the purpose of enforcing s. 316.098a, the department may
designate employees as traffic infraction enforcement officers. A traffic
infraction enforcement officer must successfully complete instruction in
traffic enforcement procedures and court presentation through the Selective
Traffic Enforcement Program as approved by the Division of Criminal
Justice Standards and Training of the Department of Law Enforcement, or
through a similar program, but may not necessarily otherwise meet the
uniform minimum standards established by the Criminal Justice Standards
and Training Commission for law enforcement officers or auxiliary law
enforcement officers under s. 943.13. This subparagraph does not authorize
the carrying of firearms or other weapons by a traffic infraction enforcement
officer and does not authorize a traffic infraction enforcement officer to make
arrests. The department's traffic infraction enforcement officers must be
physically located in the state.
(5)(a) Any sheriffs department or police department of a municipality
may employ, as a traffic infraction enforcement officer, any individual who
successfully completes instruction in traffic enforcement procedures and
court presentation through the Selective Traffic Enforcement Program as
approved by the Division of Criminal Justice Standards and Training of the
Department of Law Enforcement, or through a similar program, but who
does not necessarily otherwise meet the uniform minimum standards
established by the Criminal Justice Standards and Training Commission
for law enforcement officers or auxiliary law enforcement officers under s.
943.13. Any such traffic infraction enforcement officer who observes the
commission of a traffic infraction or, in the case of a parking infraction, who
observes an illegally parked vehicle may issue a traffic citation for the
infraction when, based upon personal investigation, he or she has reasonable
and probable grounds to believe that an offense has been committed which
constitutes a noncriminal traffic infraction as defined in s. 318.14. In
addition. any such traffic infraction enforcement officer may issue a traffic
citation under s. 316.0083. For purposes of enforcing s. 316.0083, any sheriff's
department or police department of a municipality may designate employees
as traffic infraction enforcement officers. The traffic infraction enforcement
officers must be physically located in the county of the respective sheriff's or
police department.
(b) The traffic infraction enforcement officer shall be employed in
relationship to a selective traffic enforcement program at a fixed location
or as part of a crash investigation team at the scene of a vehicle crash or in
other types of traffic infraction enforcement under the direction of a fully
qualified law enforcement officer; however, it is not necessary that the traffic
infraction enforcement officer's duties be performed under the immediate
supervision of a fully qualified law enforcement officer.
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
(c) This subsection does not permit the carrying of firearms or other
weapons, nor do traffic infraction enforcement officers have arrest authority
other than the authority to issue a traffic citation as provided in this
subsection.
Section 10. Subsection (3) of section 316.650, Florida Statutes, is
amended to read:
316.650 Traffic citations. —
(3)(a) Except for a traffic citation issued pursuant to s. 316.1001 or s.
316.0083, each traffic enforcement officer, upon issuing a traffic citation to an
alleged violator of any provision of the motor vehicle laws of this state or of
any traffic ordinance of any municipality or town, shall deposit the original
traffic citation or, in the case of a traffic enforcement agency that has an
automated citation issuance system, the chief administrative officer shall
provide by an electronic transmission a replica of the citation data to a court
having jurisdiction over the alleged offense or with its traffic violations
bureau within 5 days after issuance to the violator.
(b) If a traffic citation is issued pursuant to s. 316.1001, a traffic
enforcement officer may deposit the original traffic citation or, in the case
of a traffic enforcement agency that has an automated citation system, may
provide by an electronic transmission a replica of the citation data to a court
having jurisdiction over the alleged offense or with its traffic violations
bureau within 45 days after the date of issuance of the citation to the violator.
If the person cited for the violation of s. 316.1001 makes the election provided
by s. 318.14(12) and pays the $25 fine, or such other amount as imposed by
the governmental entity owning the applicable toll facility, plus the amount
of the unpaid toll that is shown on the traffic citation directly to the
governmental entity that issued the citation, or on whose behalf the citation
was issued, in accordance with s. 318.14(12), the traffic citation will not be
submitted to the court, the disposition will be reported to the department by
the governmental entity that issued the citation, or on whose behalf the
citation was issued, and no points will be assessed against the person's
driver's license.
(c) If a traffic citation is issued under s. 316.0083, the traffic infraction
enforcement officer shall provide by electronic transmission a replica of the
traffic citation data to the court having jurisdiction over the alleged offense or
its traffic violations bureau within 5 days after the date of issuance of the
traffic citation to the violator,
Section 11. Subsection (2) of section 318.14, Florida Statutes, is amended
to read:
318.14 Noncriminal traffic infractions; exception; procedures. —
(2) Except as provided in ss. s 316.1001(2) and 316.0083, any person
cited for an infraction under this section must sign and accept a citation
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
indicating a promise to appear. The officer may indicate on the traffic citation
the time and location of the scheduled hearing and must indicate the
applicable civil penalty established in s. 318.18.
Section 12. Subsection (15) of section 318.18, Florida Statutes, is
amended to read:
318.18 Amount of penalties. —The penalties required for a noncriminal
disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are
as follows:
(15)(a)1. One hundred fifty -eight twenty-five dollars for a violation of s.
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic
signal and when enforced by a lavy enforcement officer. Sixty dollars shall be
distributed as provided in s. 318.21, $30 shall be distributed to the General
Revenue Fund, $3 shall be remitted to the Department of Revenue for deposit
into the Brain and Spinal Cord Injury Trust Fund, and the remaining $65
shall be remitted to the Department of Revenue for deposit into the
Administrative Trust Fund of the Department of Health.
2. One hundred and fifty -eight dollars for a violation of s. 316,074(1) or s.
316.Q75(1)(c)1. when a driver has failed to stop at a traffic signal and when
enforced by the department's traffic infraction enforcement officer. One
hundred dollars shall be remitted to the Department of Revenue for deposit
into the General Revenue Fund, $45 shall be distributed to the county for any
violations occurring in any unincorporated areas of the county or to the
municipality for any violations occurring in the incorporated boundaries of
the municipality in which the infraction occurred, $10 shall be remitted to
the Department of Revenue for deposit into the Department of Health
Administrative Trust Fund for distribution as provided in s. 395.4036(1), and
$3 shall be remitted to the Department of Revenue for deposit into the Brain
and Spinal Cord Injury Trust Fund.
3. One hundred and fifty -eight dollars for a violation of s. 316.074(1) or s.
16.075(1)(c)1. when a driver has failed to stop at a traffic signal and when
enforced by a county's or municipality's traffic infraction enforcement officer.
Seventy five dollars shall be distributed to the county or municipality issuing
the traffic citation, $70 shall be remitted to the Department of Revenue for
deposit into the General Revenue Fund, $10 shall be remitted to the
Department of Revenue for deposit into the Department of Health Admin-
istrative Trust Fund for distribution as provided in s. 395.4036(1), and $3
shall be remitted to the Department of Revenue for deposit into the Brain
and Spinal Cord Injury Trust Fund.
(b) Amounts deposited into the Brain and Spinal Cord Injury Trust Fund
pursuant to this subsection shall be distributed quarterly to the Miami
Project to Cure Paralysis and shall be used for brain and spinal cord
research.
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Ch. 2010 -8Q LAWS OF FLORIDA Ch. 2010 -80
(c) If a person who is cited for a violation of s. 316.074(1) or s.
316.075(1)(c)1., as enforced by a traffic infraction enforcement officer
under s. 316.0083, presents documentation from the appropriate govern-
mental entity that the traffic citation was in error, the clerk of court may
dismiss the case. The clerk of court shall not charge for this service.
(d) An individual may not receive a commission or per- ticket fee from any
revenue collected from violations detected through the use of a traffic
infraction detector, A manufacturer or vendor may not receive a fee or
remuneration based upon the number of violations detected through the use
of a traffic infraction detector.
(e) Funds deposited into the Department of Health Administrative Trust
Fund under this subsection shall be distributed as provided in s. 395.4036(1),.
Section 13. Section 321.50, Florida Statutes, is created to read:
321.50 Authorization to use traffic infraction detectors. —The Depart-
ment of Highway Safety and Motor Vehicles is authorized to use traffic
infraction detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver
fails to stop on state roads as defined in chapter 316 which are under the
original jurisdiction of the Department of Transportation. when permitted by
the Department of Transportation, and under s. 316.0083.
Section 14. Paragraph (d) of subsection (3) of section 322.27, Florida
Statutes, is amended to read:
322.27 Authority of department to suspend or revoke license. —
(3) There is established a point system for evaluation of convictions of
violations of motor vehicle laws or ordinances, and violations of applicable
provisions of s. 403.413(6)(b) when such violations involve the use of motor
vehicles, for the determination of the continuing qualification of any person
to operate a motor vehicle. The department is authorized to suspend the
license of any person upon showing of its records or other good and sufficient
evidence that the licensee has been convicted of violation of motor vehicle
laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to
12 or more points as determined by the point system. The suspension shall be
for a period of not more than 1 year.
(d) The point system shall have as its basic element a graduated scale of
points assigning relative values to convictions of the following violations:
1. Reckless driving, willful and wanton -4 points.
2. Leaving the scene of a crash resulting in property damage of more than
$50 -6 points.
3. Unlawful speed resulting in a crash-6 points.
4. Passing a stopped school bus -4 points.
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
5. Unlawful speed:
a. Not in excess of 15 miles per hour of lawful or posted speed -3 points.
b. In excess of 15 miles per hour of lawful or posted speed -4 points.
6. A violation of a traffic control signal device as provided in s. 316.074(1)
or s. 316.075(1)(c)1. -4 points. However, no points shall be imposed for a
violation of s. 316.074(1) or s. 316.075(1)(01. when a driver has failed to stop
at a traffic signal and when enforced by a traffic infraction enforcement
officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a
driver has failed to stop at a traffic signal and when enforced by a traffic
infraction enforcement officer may not be used for purposes of setting motor
vehicle insurance rates,
7. All other moving violations (including parking on a highway outside
the limits of a municipality) -3 points. However, no points shall be imposed
for a violation of s. 316.0741 or s. 316.2065(12).
8. Any moving violation covered above, excluding unlawful speed,
resulting in a crash -4 points.
9. Any conviction under s. 403.413(6)(b) -3 points.
10. Any conviction under s. 316.0775(2) -4 points.
Section 15. The Department of Highway Safety and Motor Vehicles or
any county or municipality authorized to issue a notification and impose a
penalty under s. 316.0083(1Xb), Florida Statutes, that collects any such
penalty after the effective date of this act. but prior to notification by the
Department of Revenue of its ability to receive and distribute the penalties
collected, must retain the portion of the penalty required to be remitted to the
Department of Revenue until the Department of Highway Safety and Motor
Vehicles, county, or municipality is notified by the Department of Revenue
that it is able to receive and distribute the retained funds, The portion of the
penalty required to be remitted to the Department of Revenue for any
penalty collected after such notification is provided to the Department of
Highway Safety and Motor Vehicles, county, or municipality must be
remitted to the Department of Revenue as provided in s. 316.0083, Florida
Statutes. This section shall take effect upon this act becoming a law.
Section 16. For the 2009 -2010 state fiscal year, the sum of $100,000 in
nonrecurring funds from the General Revenue Fund is appropriated to the
Department of Revenue for the purpose of implementing the provisions of
this act. Any unexpended funds from this appropriation shall be reappro-
priated for fiscal year 2010 -2011. This section shall take effect upon this act
becoming a law.
Section 17. If any provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions or
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Ch. 2010 -80 LAWS OF FLORIDA Ch. 2010 -80
applications of this act which can be given effect without the invalid provision
or application, and to this end the provisions of this act are severable,
Section 18. Except as otherwise expressly provided in this act, and except
for this section which shall take effect upon this act becoming a law, this act
shall take effect July 1, 2010.
Approved by the Governor May 13, 2010.
Filed in Office Secretary of State May 13, 2010.
14