Agenda 05/25/2010 Item #12A
Agenda Item No, 12A
May 25,2010
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EXECUTIVE SUMMARY
Request for direction with respect to the Collier County Intersection Safety Ordinance, in
light of the recent passage of HB 325, which established statewide legislation regulating red
light cameras.
OBJECTIVE: To advise the Board of County Commissioners (Board) regarding recent passage
of the Mark WandeIl Traffic Safety Program (HB 325) and seek Board direction as it relates to
future application of the Collier County Intersection Safety Ordinance.
CONSIDERATIONS: Ordinance No. 2008-22, as amended, established a red light camera
program for Collier County. As adopted, the Ordinance provided for a fine of $125.00 for the
first violation with no points on the offender's driving record. Subsequently, the Board reduced
the initial fine to $62.50 and created tiered civil fines for subsequent violations. The Board of
County Commissioners revisited the red light cameras on February 9 and February 23, 2010.
The Board chose to await the potential passage of pending legislative Bills prior to taking any
further action.
On April 27, 2010, the Florida Senate passed HB 325, known as Mark WandaIl Traffic Safety
Program, establishing statewide regulation of red light cameras, which was signed into law on
May 13, 2010 by Governor Crist. The new law, which is effective July 1, 2010, expressly
preempts any local regulation of traffic violations involving the use of cameras. The new
legislation also establishes a mandatory $158.00 fine for a red light camera violation with no
points assessed against the driver's record. The $158.00 fine is divided as foIlows when the
County issues a red light camera citation:
$70.00 to the State's General Revenue Fund
$10.00 to the Department of Revenue (Department of Health Administrative Trust Fund)
$ 3.00 to the Department of Revenue (Brain and Spinal Cord Injury Trust Fund)
$75.00 to be retained by the County
County staff has met with staff from the Sheriff s office to discuss the new legislation. It is our
collective opinion that the new legislation impacts the current program in the following ways:
1. The legislation preempts local law. CoIlier County's ordinance wiIl need to be
significantly amended to comport with this legislation. The County Attorney and the
Sheriff's counsel are of the opinion that until legislatively modified or judicially
determined, the legislation effectively eliminates issuing citations for virtuaIly all "right
turn on red" violations caught on camera. The new act provides that "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." Read conservatively, unless and until this
language is legislatively modified or judicially defined, this clause effectively eliminates
issuing citations for virtuaIly all "right turn on red" violations caught on camera.
Citations for "right turn on red" can still be issued by law enforcement officers
witnessing the infraction.
Agenda Item No, 12A
May 25,2010
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2. If the Board wishes to continue with the program, the County's agreement with American
Traffic Solutions will need to be amended to comport with the new legislation, which
prohibits the payment to the vendor based upon the number of citations issued. The
agreement will also need to ensure that the vendor's cameras comply with FDOT
standards by July 1, 2011, which standards FDOT will need to promulgate. Additionally,
Collier County will have to remit to the State by October 1, 2012, and annually each year
afterwards, a report containing "statistical data and information required by the
department." Staff is presently engaged in discussions with the vendor and will update
the Board during this item's presentation.
3. The venue for contesting these citations must relocate to the County's Civil Traffic Court.
Since right on reds will be effectively eliminated, the Traffic Court should see little
impact, if any.
FISCAL IMP ACT: Unknown at this time. If the Board wishes to continue this program, Staff
will endeavor to structure the vendor agreement with American Traffic Solutions to maintain a
revenue-neutral position, which agreement would be brought back to the Board. The increase of
fine to the public would go from the present $62.50 to the mandated $158.00 fine. This impact
to the public, however, is tempered by the fact that approximately 85% of all current citations are
for "right turn on red" violations, which will no longer be a citable offense. The County will see
some savings as the Red Light proceedings now conducted by the County will terminate, and the
citations will be contested in Traffic Court. Without right-on-red citations, the impact to the
Traffic Court is expected to be minimal.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners advises whether they wish
to continue this Program in light of the legislation, and if so, direct the Office of the County
Attorney to amend the CoIlier County Intersection Safety Ordinance to conform to the HB 325,
and direct staff to renegotiate the agreement with American Traffic Solutions.
Prepared bv; Jeffrey A. Klatzkow, County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No 12A
May 25,2010
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
12A
Request for direction with respect to the Collier County intersection Safety Ordinance, in light
of the recent passage of HB 325, which established statewide legislation regulating red light
cameras.
5/25/20109:00:00 AM
Date
Prepared By
Jeff Klatzkow
County Attorney
5/14/20102:33:14 PM
Date
Approved By
Jeff Klatzkow
County Attorney
5/17/201010:18 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
5/17/201011:14 AM
Date
Approved By
Randy Greenwald
Office of Management &
Budget
Management/Budget Analyst
Office of Management & Budget
5/17/20101:28 PM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/17/20106:17 PM
Agenda Item No, 12A
May 25.2010
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Memorandum
Date: May 13, 2010
TO: Interested Media
FROM: Sterling Ivey, Governor's Press Secretary
RE: Governor Crist Signs Legislation Creating the Mark Wandall Traffic Safety
Act
Governor Charlie Crist today signed the Mark Wandall Traffic Safety Act, creating uniform
standards for the use of cameras as traffic enforcement devices. Cameras will give law enforcement
an additional resource to help combat red-light running in Florida. A portion of the funds from traffic
violations will go to the Brain and Spinal Cord Injury Trust Fund and the Department of Health
Administrative Trust Fund, which supports trauma centers.
The Governor plans to hold a ceremonial bill signing in the near future with Melissa
Wandall, wife of Mark Wandall, the legislation's namesake who was killed by a red-
light runner in 2003.
Statement by
GOVERNOR CHARLIE CRIST
Regarding the Mark Wandall Traffic Safety Act
"Today I was pleased tD sign a bill that will save the lives of Floridians. The
legislation provides law enforcement with another effective tool to enforce safe and
responsible driving on our roads,
"I am grateful to bill sponsors Senator Thad Altman and Representative Ron Reagan
for their tremendous work in getting this legislation approved by both the House and
the Senate. I also commend Melissa Wandall, whose determination and
perseverance, along with the strong support of the law enforcement community, was
instrumental in the passage of this law,"
If you have any questions or need additional information, please call the Governor's
press office at (850) 488-5394.
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FLORIDA
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CSlCStHB 325, Engrossed 2
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A bill to be entitled
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 llse traffic infraction
detectors under certain circumstances; creating sw
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316.0083, F.S.; creating the Mark Wanda1l 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,
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disposition, and enforcement of citations; providing 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.B.; 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.B.; 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
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posted at the intersection meet the specifications for
uniform signals and devices 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.B.; 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, 31B.18, F.B.; 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
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FLORIDA
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85 receive a fee or remuneration based upon the number of
86 violations detected through the use of a traffic
87 infraction detector; creating s. 321.50, F.S.; authorizing
88 the Department of Highway Safety and Motor Vehicles to use
89 traffic infraction detectors under certain circumstances;
90 amending s. 322.27, F.S.; providing that no points may be
91 assessed against the driver's license for infractions
92 enforced by a traffic infraction enforcement officer;
93 providing that infractions enforced by a traffic
94 infraction enforcement officer may not be used for
95 purposes of setting motor vehicle insurance rates;
96 requiring the retention of certain penalty proceeds
97 collected prior to the Oepartmen~ of Revenue's ability to
98 receive and distribute such funds; providing an
99 appropriation and for carryforward of any unexpended
100 balance; providing for severability; providing effective
101 dates.
102
103 Be It Enacted by the Legislature of the State of Florida:
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105 Section 1. This act may be cited as the "Mark Wandall
106 Traffic Safety Act."
107 Section 2. Subsection 1861 is added to section 316.003,
108 Florida Statutes, to read:
109 316.003 Definitions.-The following words and phrases, when
110 used in this chapter, shall have the meanings respectively
III ascribed to them in this section, except where the context
112 ot~erwise requires:
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113 (86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
114 installed to work in coniunction with a traffic control siqnal
115 and a camera or cameras synchronized to automatically record two
116 or more sequenced photoqraphic or electronic images or streaming
117 video of only the rear of a motor vehicle at the time the
118 vehicle fails to stop behind the stop bar or clearly marked stop
119 line when facinq a traffic control signal steady red light. Any
120 notification under s. 316.0083(1) (b) or traffic citation issued
121 by the use of a traffic infraction detector must include a
122 photograph or other recorded image showing both the license taq
123 of the offendinq vehicle and the traffic control device beinq
124 violated.
125
Section 3. Section 316.0076, Florida Statutes, is created
126 to read:
127 316.0076 Regulation and use of cameras.-Requlation of the
128 use of cameras for enforcing the provisions of this chapter is
129 expressly preempted to the state. The requlation of the use of
130 cameras for enforcing the provisions of this chapter is not
131 required to comply with provisions of chapter 493.
132 Section 4. Subsection (7) is added to section 316.008,
133 Florida Statutes, to read:
134 316.008 Powers of local authorities.-
135 (7) (a) A county or municipality may use traffic infraction
136 detectors to enforce s. 316.074(1) or s. 316.075(1) (c)1. when a
137 driver fails to stop at a traffic signal on streets and hiqhways
138 under their iurisdiction under s. 316.0083. Only a municipality
139 may install or authorize the installation of any such detectors
140 within the incorporated area of the municipality. Only a county
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141 may install or authorize the installation of any such detectors
142 within the unincorporated area of the county.
143 (b) Pursuant to paraqraph (al, a municipality may install
144 or, by contract or interlocal agreement, authorize the
145 installation of any such detectors only within the incorporated
146 area of the municipality, and a county may install or, by
147 contract or interlocal aqreement, authorize the installation of
148 any such detectors only within the unincorporated area of the
149 county. A county may authorize installation of any such
150 detectors by interlocal agreement on roads under its
151 jurisdiction.
152 Section 5. Section 316.0083, Florida Statutes, is created
153 to read:
154 316.0083 Mark Wandall Traffic Safety Proqram;
155 administration; report .-
156 (I) (a) For purposes of administering this section, the
157 department, a county, or a municipality may authorize a traffic
158 infraction enforcement officer under s. 316.640 to issue a
159 traffic citation for a violation of s. 316.074(1) or s.
160 316.075(1) (cll. A notice of violation and a traffic citation max
161 not be issued for failure to stop at a red light if the driver
162 is makinq a riqht-hand turn in a careful and prudent manner at
163 an intersection where right-hand turns are permissible. This
164 paragraph does not prohibit a review of information from a
165 traffic infraction detector by an authorized employee or agent
166 of the department, a county, or a municipality before issuance
167 of the traffic citation by the traffic infraction enforcement
168 officer. This paragraph does not prohibit the department, a
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FLORIDA
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169 county, or a municipality from issuing notification as provided
170 in paragraph (bl to the registered owner of the motor vehicle
171 involved in the violation of s. 316.074(1) or s. 316.075(11 (c)l.
172 (b)l.a. Within 30 days after a violation, notification
173 must be sent to the registered owner of the motor vehicle
174 involved in the violation specifying the remedies available
175 under s. 318.14 and that the violator must pay the penalty of
176 $158 to the department, county, or municipality, or furnish an
177 affidavit in accordance with paragraph (d), within 30 days
178 following the date of the notification in order to avoid court
179 fees, costs, and the issuance of a traffic citation. The
180 notification shall be sent by first-class mail.
181 b. Included with the notification to the registered owner
182 of the motor vehicle involved in the infraction must be a notice
183 that the owner has the right to review the ohotographic or
184 electronic images or the streaming video evidence that
185 constitutes a rebuttable presumption against the owner of the
186 vehicle. The notice must state the time and place or Internet
187 location where the evidence may be examined and observed.
188 2. Penalties assessed and collected by the department,
189 county, or municipality authorized to collect the funds provided
190 for in this paragraph, less the amount retained by the county or
191 municipality pursuant to subparagraph 3., shall be paid to the
192 Department of Revenue weekly. Payment by the department, county,
193 or municipality to the state shall be made by means of
194 electronic funds transfers. In addition to the payment, summary
195 detail of the penalties remitted shall be reported to the
196 Department of Revenue.
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197 3. Penalties to be assessed and collected by the
198 department, county, or municipality are as follows:
199 a. One hundred fifty-eight dollars for a violation of s.
200 316.074(1) or s. 316.075(11 (c)l. when a driver has failed to
201 stop at a traffic signal if enforcement is by the department's
202 traffic infraction enforcement officer. One hundred dollars
203 shall be remitted to the Department of Revenue for deposit into
204 the General Revenue Fund, $10 shall be remitted to the
205 Department of Revenue for deposit into the Department of Health
206 Administrative Trust Fund, $3 shall be remitted to the
207 Department of Revenue for deposit into the Brain and Spinal Cord
208 Injury Trust Fund, and $45 shall be distributed to the
209 municipality in which the violation occurred, or, if the
210 violation occurred in an unincorporated area, to the county in
211 which the violation occurred. Funds deposited into the
212 Department of Health Administrative Trust Fund under this sub-
213 subparagraph shall be distributed as provided in s. 395.4036(1).
214 Proceeds of the infractions in the Brain and Spinal Cord Injury
215 Trust Fund shall be distributed auarterly to the Miami Project
216 to Cure Paralysis and shall be used for brain and spinal cord
217 research.
218 b. One hundred fifty-eight dollars for a violation of s.
219 316.074 II) or s. 316.075 (1) Ic) 1. when a driver has failed to
220 stop at a traffic signal if enforcement is by a county or
221 municipal traffic infraction enforcement officer. Seventy
222 dollars shall be remitted by the county or municipality to the
223 Department of Revenue for deposit into the General Revenue Fund,
224 $10 shall be remitted to the Department of Revenue for deposit
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225 into the Department of Health Administrative Trust Fund, $3
226 shall be remitted to the Department of Revenue for deposit into
227 the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
228 retained by the county or municipality enforcing the ordinance
229 enacted pursuant to this section. Funds deposited into the
230 Department of Health Administrative Trust Fund under this sub-
231 subparagraph shall be distributed as provided in s. 395.4036(1).
232 Proceeds of the infractions in the Brain and Spinal Cord Injury
233 Trust Fund shall be distributed quarterly to the Miami Project
234 to Cure Paralysis and shall be used for brain and spinal cord
235 research.
236 4. An individual may not receive a commission from any
237 revenue collected from violations detected through the use of a
238 traffic infraction detector. A manufacturer or vendor may not
239 receive a fee or remuneration based upon the number of
240 violations detected throuqh the use of a traffic infraction
241 detector.
242 (cll.a. A traffic citation issued under this section shall
243 be issued by mailing the traffic citation by certified mail to
244 the address of the registered owner of the motor vehicle
245 involved in the violation when payment has not been made within
246 30 days after notification under subparagraph (b)l.
247 b. Delivery of the traffic citation constitutes
248 notification under this paragraph.
249 c. In the case of joint ownership of a motor vehicle, the
250 traffic citation shall be mailed to the first name appearing on
251 the registration, unless the first name appearing on the
252 registration is a business organization, in which case the
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253 second name appearing on the registration may be used.
254 d. The traffic citation shall be mailed to the registered
255 owner of the motor vehicle involved in the violation no later
256 than 60 days after the date of the violation.
257 2. Included with the notification to the registered owner
258 of the motor vehicle involved in the infraction shall be a
259 notice that the owner has the right to review, either in person
260 or remotely, the photographic or electronic images or the
261 streaming video evidence that constitutes a rebuttable
262 presumption against the owner of the vehicle. The notice must
263 state the time and place or Internet location where the evidence
264 may be examined and observed.
265 (dll. The owner of the motor vehicle involved in the
266 violation is responsible and liable for paying the uniform
267 traffic citation issued for a violation of s. 3l6.074(ll or s.
268 316.075(1) (c)l. when the driver failed to stop at a traffic
269 signal, unless the owner can establish that:
270 a. The motor vehicle passed through the intersection in
271 order to yield right-of-way to an emergency vehicle or as part
272 of a funeral procession;
273 b. The motor vehicle passed through the intersection at
274 the direction of a law enforcement officer;
275 c. The motor vehicle was, at the time of the violation, in
276 the care, custody, or control of another person; or
277 d. A uniform traffic citation was issued by a law
278 enforcement officer to the driver of the motor vehicle for the
279 alleged violation of s. 316.07411) or s. 316.075(1) (cll.
280 2. In order to establish such facts, the owner of the
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281 motor vehicle shall, within 30 days after the date of issuance
282 of the traffic citation, furnish to the appropriate qovernmental
283 entity an affidavit settinq forth detailed information
284 supportinq an exemption as provided in this oaraqraph.
285 a. An affidavit supportinq an exemption under sub-
286 subparaqraph I.e. must include the name, address, date of birth,
287 and, if known, the driver's license number of the person who
288 leased, rented, or otherwise had care, custOdy, or control of
289 the motor vehicle at the time of the alleged violation. If the
290 vehicle was stolen at the time of the alleged offense, the
291 affidavit must include the police report indicating that the
292 vehicle was stolen.
293 b. If a traffic citation for a violation of s. 316.074(1)
294 or s. 316.075(1) (c)l. was issued at the location of the
295 violation by a law enforcement officer, the affidavit must
296 include the serial number of the uniform traffic citation.
297 3. Upon receipt of an affidavit, the person desiqnated as
298 having care, custody, and control of the motor vehicle at the
299 time of the violation may be issued a traffic citation for a
300 violation of s. 316.074(1) or s. 316.075(1) (c)l. when the driver
301 failed to stop at a traffic siqnal. The affidavit is admissible
302 in a proceedinq pursuant to this section for the purpose of
303 providinq proof that the person identified in the affidavit was
304 in actual care, custody, or control of the motor vehicle. The
305 owner of a leased vehicle for which a traffic citation is issued
306 for a violation of s. 316.074(1) or s. 316.075(1) (ell. when the
307 driver failed to stop at a traffic siqnal is not responsible for
308 paying the traffic citation and is not required to submit an
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309 affidavit as specified in this subsection if the motor vehicle
310 involved in the violation is reqistered in the name of the
311 lessee of such motor vehicle.
312 4. The submission of a false affidavit is a misdemeanor of
313 the second deqree, punishable as provided in s. 775.082 or s.
314 775.083.
315 Ie) The photographic or electronic imaqes or streaming
316 video attached to or referenced in the traffic citation is
317 evidence that a violation of s. 316.074(1) or s. 316.075(1) (c)l.
318 when the driver failed to stop at a traffic signal has occurred
319 and is admissible in any proceeding to enforce this section and
320 raises a rebuttable presumption that the motor vehicle named in
321 the report or shown in the photographic or electronic images or
322 streaming video evidence was used in violation of s. 316.074(1)
323 or s. 316.075 II) (c) 1. when the driver failed to stop at a
324 traffic signal.
325 (2) A notice of violation and a traffic citation may not
326 be issued for failure to stop at a red light if the driver is
327 making a riqht-hand turn in a careful and prudent manner at an
328 intersection where right-hand turns are permissible.
329 (3) This section supplements the enforcement of s.
330 316.074(1) or s. 316.075(1) (c)l. by law enforcement officers
331 when a driver fails to stop at a traffic signal and does not
332 prohibit a law enforcement officer from issuing a traffic
333 citation for a violation of s. 316.074(1) or s. 316.075(1) (c)l.
334 when a driver fails to stop at a traffic siqnal in accordance
335 with normal traffic enforcement techniques.
336 (4) (a) Each county or municipality that operates a traffic
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337 infraction detector shall submit a report by October 1, 2012,
338 and annually thereafter, to the department which details the
339 results of usinq the traffic infraction detector and the
340 procedures for enforcement for the preceding state fiscal year.
341 The information submitted by the counties and municipalities
342 must include statistical data and information required by the
343 department to complete the report required under paragraph (b).
344 (b) On or before December 31, 2012, and annually
345 thereafter, the department shall provide a summary report to the
346 Governor, the President of the Senate, and the Speaker of the
347 House of Representatives regardinq the use and operation of
348 traffic infraction detectors under this section, along with the
349 department's recommendations and any necessary leqislation. The
350 summary report must include a review of the information
351 submitted to the department by the counties and municipalities
352 and must describe the enhancement of the traffic safety and
353 enforcement proqrams.
354 Section 6. Subsection (6) of section 316.0745, Florida
355 Statutes, is amended to read:
356 316.0745 Uniform signals and devices.-
357 (6) Any system of traffic control devices controlled and
358 operated from a remote location by electronic computers or
359 similar devices must ~ meet all requirements established for
360 the uniform system, andL-i! ~ such a system affects ~
361 ~ the movement of traffic on state roadSL the design of the
362 system shall be reviewed and approved by the Department of
363 Transportation.
364 Section 7. Section 316.07456, Florida Statutes, is created
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365 to read:
366 316.07456 Transitional implementation.-Any traffic
367 infraction detector deployed on the highways, streets, and roads
368 of this state must meet specifications established by the
369 Department of Transportation, and must be tested at reqular
370 intervals according to specifications prescribed by the
371 Department of Transportation. The Oepartment of Transportation
372 must establish such specifications on or before December 31,
373 2010. However, any such equipment acquired by purchase, lease,
374 or other arrangement under an agreement entered into by a county
375 or municipality on or before July 1, 2011, or equipment used to
376 enforce an ordinance enacted by a county or municipality on or
377 before July 1, 2011, is not required to meet the specifications
378 established by the Department of Transportation until July 1,
379 ~
380 Section 8. Section 316.0776, Florida Statutes, is created
381 to read:
382 316.0776 Traffic infraction detectors; placement and
383 installation.-
384 (1) Traffic infraction detectors are allowed on state
385 roads when permitted by the Department of Transportation and
386 under placement and installation specifications developed by the
387 Department of Transportation. Traffic infraction detectors are
388 allowed on streets and highways under the jurisdiction of
389 counties or municipalities in accordance with placement and
390 installation specifications developed by the Department of
391 Transportation.
392 (2) (al If the department, county, or municipality installs
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393 a traffic infraction detector at an intersection, the
394 department, county, or municipality shall notify the public that
395 a traffic infraction device may be in use at that intersection
396 and must specifically include notification of camera enforcement
397 of violations concerning right turns. Such siqnaqe used to
398 notify the public must meet the specifications for uniform
399 signals and devices adopted by the Department of Transportation
400 pursuant to s. 316.0745.
401 (b) If the department, county, or municipality begins a
402 traffic infraction detector program in a county or municipality
403 that has never conducted such a program, the respective
404 department, county, or municipality shall also make a public
405 announcement and conduct a public awareness campaign of the
406 proposed use of traffic infraction detectors at least 30 days
407 before commencing the enforcement program.
408 Section 9. Paragraph (b) of subsection (1) and subsection
409 (5) of section 316.640, Florida Statutes, are amended to read:
410 316.640 Enforcement.-The enforcement of the traffic laws
411 of this state is vested as follows:
412 (1) STATE.-
413 (b)l. The Department of Transportation has authority to
414 enforce on all the streets and highways of this state all laws
415 applicable within its authority.
416 2.a. The Department of Transportation shall develop
417 training and qualifications standards for toll enforcement
418 officers whose sole authority is to enforce the payment of tolls
419 pursuant to s. 316.1001. Nothing in this subparagraph shall be
420 construed to permit the carrying of firearms or other weapons,
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421 nor shall a toll enforcement officer have arrest authority.
422 b. For the purpose of enforcing s. 316.1001, governmental
423 entities, as defined in s. 334.03, which own or operate a toll
424 facility may employ independent contractors or designate
425 employees as toll enforcement officers; however, any such toll
426 enforcement officer must successfully meet the training and
427 qualifications standards for toll enforcement officers
428 established by the Department of Transportation.
429 3. For the purpose of enforcing s. 316.0083, the
430 department may designate employees as traffic infraction
431 enforcement officers. A traffic infraction enforcement officer
432 must successfully complete instruction in traffic enforcement
433 procedures and court presentation through the Selective Traffic
434 Enforcement Program as approved by the Division of Criminal
435 Justice Standards and Training of the Department of Law
436 Enforcement, or through a similar program, but may not
437 necessarily otherwise meet the uniform minimum standards
438 established by the Criminal Justice Standards and Training
439 Commission for law enforcement officers or auxiliary law
440 enforcement officers under s. 943.13. This subparagraph does not
441 authorize the carrying of firearms or other weapons by a traffic
442 infraction enforcement officer and does not authorize a traffic
443 infraction enforcement officer to make arrests. The department's
444 traffic infraction enforcement officers must be physically
445 located in the state.
446 (5) (a) Any sheriff's department or police department of a
447 municipality may employ, as a traffic infraction enforcement
448 officer, any individual who successfully completes instruction
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449 in traffic enforcement procedures and court presentation through
450 the Selective Traffic Enforcement Program as approved by the
451 Division of Criminal Justice Standards and Training of the
452 Department of Law Enforcement, or through a similar program, but
453 who does not necessarily otherwise meet the uniform minimum
454 standards established by the Criminal Justice Standards and
455 Training Commission for law enforcement officers or auxiliary
456 law enforcement officers under s. 943.13. Any such traffic
457 infraction enforcement officer who observes the commission of a
458 traffic infraction or, in the case of a parking infraction, who
459 observes an illegally parked vehicle may issue a traffic
460 citation for the infraction when, based upon personal
461 investigation, he or she has reasonable and probable grounds to
462 believe that an offense has been committed which constitutes a
463 noncriminal traffic infraction as defined in s. 318.14. In
464 addition, any such traffic infraction enforcement officer may
465 issue a traffic citation under s. 316.0083. For purposes of
466 enforcing s. 316.0083, any sheriff's department or police
467 department of a municipality may designate employees as traffic
468 infraction enforcement officers. The traffic infraction
469 enforcement officers must be physically located in the county of
470 the respective sheriff's or police department.
471 (b) The traffic infraction enforcement officer shall be
472 employed in relationship to a selective traffic enforcement
473 program at a fixed location or as part of a crash investigation
474 team at the scene of a vehicle crash or in other types of
475 traffic infraction enforcement under the direction of a fully
476 qualified law enforcement officer; however, it is not necessary
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477 that the traffic infraction enforcement officer's duties be
478 performed under the immediate supervision of a fully qualified
479 law enforcement officer.
480 (c) This subsection does not permit the carrying of
481 firearms or other weapons, nor do traffic infraction enforcement
482 officers have arrest authority other than the authority to issue
483 a traffic citation as provided in this subsection.
484 Section 10. Subsection (3) of section 316.650, Florida
485 Statutes, is amended '::0 read:
486 316.650 Traffic citations.-
487 (3) (a) Except for a traffic citation issued pursuant to s.
488 316.1001 or s. 316.0083, each traffic enforcement officer, upon
489 issuing a traffic citation to an alleged violator of any
490 provision of the motor vehicle laws of this state or of any
491 traffic ordinance of any municipality or town. shall deposit the
492 original traffic citation or, in the case of a traffic
493 enforcement agency that has an automated citation issuance
494 system, the chief administrative officer shall provide by an
495 electronic transmission a replica of the citation data to a
496 court having jurisdiction over the alleged offense or with its
497 traffic violations bureau within 5 days after issuance to the
498 violator.
499 (b) If a traffic citation is issued pursuant to s.
500 316.1001, a traffic enforcement officer may deposit the original
501 traffic citation or, in the case of a traffic enforcement agency
502 that has an automated citation system, may provide by an
503 electronic transmission a replica of the citation data to a
504 court having jurisdiction over the alleged offense or with its
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505 traffic violations bureau within 45 days after the date of
506 issuance of the citation to the violator. If the person cited
507 for the violation of s. 316.1001 makes the election provided by
508 s. 318.14(12) and pays the $25 fine, or such other amount as
509 imposed by the governmental entity owning the applicable toll
510 facility, plus the amount of the unpaid toll that is shown on
511 the traffic citation directly to the governmental entity that
512 issued the citation, or on whose behalf the citation was issued,
513 in accordance with s. 318.14(12), the traffic citation will not
514 be submitted to the court, the disposition will be reported to
515 the department by the governmental entity that issued the
516 citation, or on whose behalf the citation was issued, and no
517 points will be assessed against the person's driver's license.
518 (c) If a traffic citation is issued under s. 316.0083, the
519 traffic infraction enforcement officer shall provide by
520 electronic transmission a replica of the traffic citation data
521 to the court having jurisdiction over the alleqed offense or its
522 traffic violations bureau within 5 days after the date of
523 issuance of the traffic citation to the violator.
524 Section 11. Subsection (2) of section 318.14, Florida
525 Statutes, is amended to read:
526 318.14 Noncriminal traffic infractions; exception;
527 procedures.-
528 (2) Except as provided in ~ ~ 316.1001(2) and 316.0083,
529 any person cited for an infraction under this section must sign
530 and accept a citation indicating a promise to appear. The
531 officer may indicate on the traffic citation the time and
532 location of the scheduled hearing and must indicate the
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533 applicable civil penalty established in s. 318.18.
534 Section 12. Subsection {I5} of section 318.18, Florida
535 Statutes, is amended to read:
536 318.18 A~ount of penalties.-The penalties required for a
537 noncriminal disposition pursuant to s. 318.14 or a criminal
538 offense listed in s. 318,17 are as follows:
539 (15)~ One hundred fifty-eiqht t eRt} fi.e dollars for
540 a violation of s. 316.074(1} or s. 316.075(1) (c)l. when a driver
541 has failed to stop at a traffic signal and when enforced by a
542 law enforcement officer. Sixty dollars shall be distributed as
543 provided in s. 318.21, $30 shall be distributed to the General
544 Revenue Fund, $3 shall be remitted to the Department of Revenue
545 for deposit into the Brain and Spinal Cord Injury Trust Fund,
546 and the remaining $65 shall be remitted to the Department of
547 Revenue for deposit into the Administrative Trust Fund of the
548 Department of Health.
549 2. One hundred and fifty-eight dollars for a violation of
550 s. 316.074 (I) or s. 316.075 (1) (c) 1. when a driver has failed to
551 stop at a traffic signal and when enforced by the department's
552 traffic infraction enforcement officer. One hundred dollars
553 shall be remitted to the Department of Revenue for deposit into
554 the General Revenue Fund, $45 shall be distributed to the county
555 for any violations occurring in any unincorporated areas of the
556 county or to the municipality for any violations occurring in
557 the incorporated boundaries of the municipality in which the
558 infraction occurred, $10 shall be remitted to the Department of
559 Revenue for deposit into the Department of Health Administrative
560 Trust Fund for distribution as provided in s. 395.4036(1), and
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561 $3 shall be remitted to the Department of Revenue for deposit
562 into the Brain and Spinal Cord Injury Trust Fund.
563 3. One hundred and fifty-eight dollars for a violation of
564 s. 316.074 (1) or s. 316.075(1) (cll. when a driver has failed to
565 stop at a traffic signal and when enforced by a county's or
566 municipality's traffic infraction enforcement officer. Seventy
567 five dollars shall be distributed to the county or municipality
568 issuing the traffic citation, $70 shall be remitted to the
569 Department of Revenue for deposit into the General Revenue Fund,
570 $10 shall be remitted to the Department of Revenue for deposit
571 into the Department of Health Administrative Trust Fund for
572 distribution as provided in s. 395.4036(1), and $3 shall be
573 remitted to the Department of Revenue for deposit into the Brain
574 and Spinal Cord Injury Trust Fund.
575 (b) Amounts deposited into the Brain and Spinal Cord
576 Injury Trust Fund pursuant to this subsection shall be
577 distributed quarterly to the Miami Project to Cure Paralysis and
578 shall be used for brain and spinal cord research.
579 (c) If a person who is cited for a violation of s.
580 316.074(1) or s. 316.075(1) (cIl., as enforced by a traffic
581 infraction enforcement officer under s. 316.0083, presents
582 documentation from the appropriate governmental entity that the
583 traffic citation was in error, the clerk of court may dismiss
584 the case. The clerk of court shall not charge for this service.
585 (d) An individual may not receive a commission or per-
586 ticket fee from any revenue collected from violations detected
587 through the use of a traffic infraction detector. A manufacturer
588 or vendor may not receive a tee or remuneration based upon the
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589 number of violations detected through the use of a traffic
590 infraction detector.
591 (el Funds deposited into the Department of Health
592 Administrative Trust Fund under this subsection shall be
593 distributed as provided in s. 395.4036(1).
594 Section 13. Section 321.50, Florida Statutes, is created
595 to read:
596 321.50 Authorization to use traffic infraction detectors.-
597 The Department of Highway Safety and Motor Vehicles is
598 authorized to use traffic infraction detectors to enforce s.
599 316.074(1) or s. 316.075(1) (c)1. when a driver fails to stop on
600 state roads as defined in chapter 316 which are under the
601 original iurisdiction of the Department of Transportation, when
602 permitted by the Department of Transportation, and under s.
603 316.0083.
604 Section 14. Paragraph (d) of subsection (3) of section
605 322.27, Florida Statutes, is amended to read:
606 322.27 Authority of department to s~spend or revoke
607 license.-
608 (3) There is established a point system for evaluation of
609 convictions of violations of motor vehicle laws or ordinances,
610 and violations of applicable provisions of s. 403.413(6) (bl when
611 such violations involve the use of motor vehicles, for the
612 determination of the continuing qualification of any person to
613 operate a motor vehicle. The department is authorized to suspend
614 the license of any person upon showing of its records or other
615 good and sufficient evidence that the licensee has been
616 convicted of violation of motor vehicle laws or ordinances, or
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617 applicable provisions of s. 403.413 (6) (b), amounting to 12 or
618 more points as determined by the point system. The suspension
619 shall be for a period of not more than year.
620 (d) The point system shall have as its basic element a
621 graduated scale of points assigning relative values to
622 convictions of the following violations:
623 1. Reckless driving, willful and wanton-4 points.
624 2. Leaving the scene of a crash resulting in property
625 damage of more than $50-6 points.
626 3. Unlawful speed resulting in a crash-6 points.
627 4. Passing a stopped school bus-4 points.
628 5. Unlawful speed:
629 a. Not in excess of 15 miles per hour of lawful or posted
630 speed-3 points.
631 b. In excess of 15 miles per hour of lawful or posted
632 speed-4 points.
633 6. A violation of a traffic control signal device as
634 provided in s. 316.074(1) or s. 316.075(1) (c)1.-4 points.
635 However, no points shall be imposed for a violation of s.
636 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
637 stop at a traffic signal and when enforced by a traffic
638 infraction enforcement officer. In addition, a violation of s.
639 316.074 (1) or s. 316.075(1) (c) 1. when a driver has failed to
640 stop at a traffic siqnal and when enforced by a traffic
641 infraction enforcement officer may not be used for purposes of
642 settinq motor vehicle insurance rates.
643 7. All other moving violations (including parking on a
644 highway outside the limits of a municipa1ity)-3 points. However,
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645 no points shall be imposed for a violation of s. 316.0741 or s.
646 316.2065 (12).
647 8. Any moving violation covered above, excluding unlawful
648 speed, resulting in a crash-4 points.
649 9. Any conviction under s. 403.413(6) (b)-3 points.
650 10. Any conviction under s. 316.0775(2)-4 points.
651 Section 15. The Department of Hiqhway Safety and Motor
652 Vehicles or any county or municipality authorized to issue a
653 notification and impose a penalty under s. 316.0083(1) (b),
654 Florida Statutes, that collects any such penalty after the
655 effective date of this act, but prior to notification by the
656 Department of Revenue of its ability to receive and distribute
657 the penalties collected, must retain the portion of the penalty
658 required to be remitted to the Department of Revenue until the
659 Department of Hiqhway Safety and Motor Vehicles, county, or
660 municipality is notified by the Department of Revenue that it is
661 able to receive and distribute the retained funds. The portion
662 of the penalty required to be remitted to the Department of
663 Revenue for any penalty collected after such notification is
664 provided to the Department of Highway Safety and Motor Vehicles,
665 county, or municipality must be remitted to the Department of
666 Revenue as provided in s. 316.0083, Florida Statutes. This
667 section shall take effect upon this act becominq a law.
668 Section 16. For the 2009-2010 state fiscal year, the sum
669 of $100,000 in nonrecurrinq funds from the General Revenue Fund
670 is appropriated to the Department of Revenue for the purpose of
671 implementinq the provisions of this act. Any unexpended funds
672 from this appropriation shall be reappropriated for fiscal year
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673 2010-2011. This section shall take effect upon this act becomin~
674 ~
675 Section 17. If any provision of this act or its
676 application to any person or circumstance is held invalid, the
677 invalidity does not affect other provisions or applications of
678 this act which can be given effect without the invalid provision
679 or application, and to this end the provisions of this act are
680 severable.
681 Section 18. Except as otherwise expressly provided in this
682 act, and except for this section which shall take effect upon
683 this act becoming a law, this act shall take effect July 1,
684 2010.
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