HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 657 Enforcement of School Zone Speed Limits
SPONSOR(S): Infrastructure Strategies Committee, Transportation & Modals Subcommittee, Koster and
others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 588
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 18 Y, 0 N, As CS Johnson Hinshelwood
2) Justice Appropriations Subcommittee 11 Y, 1 N Saag Keith
3) Infrastructure Strategies Committee 20 Y, 0 N, As CS Johnson Harrington
SUMMARY ANALYSIS
Florida law preempts to the state the regulation of the use of cameras to enforce traffic laws. The only such traffic
cameras currently authorized in statute are commonly known as red light cameras.
The bill authorizes counties and municipalities to use speed detection systems, which are similar to red light
cameras, to enforce school zone speed limits for violations in excess of 10 miles per hour over the applicable speed
limit when children are going to or from school and during the entirety of the school day. The bill:
 Defines the term “speed detection system.”
 Authorizes counties and municipalities to use speed detection systems to enforce speed violations in excess
of 10 miles per hour over the speed limit in force within the school zone.
 Requires signage warning motorists that speed detection systems are in use.
 Requires a public awareness campaign prior to commencing enforcement of school zone speed limits with
speed detection systems.
 Creates a School Crossing Guard Recruitment and Retention Program using proceeds from penalties
resulting from enforcement of school zone speed limits through a speed detection system.
 Requires speed detection systems to be installed according to specifications established by the Department
of Transportation.
 Provides requirements for issuing a notice of violation when a speed detection system catches a viola tor.
 Provides for a $100 penalty for each violation using a speed detection system and provides for the
distribution of the proceeds to state and local governments.
 Provides defenses for persons who receive a notice of violation.
 Provides that enforcement using a speed detection system supplements enforcement by a law enforcement
officer.
 Provides procedures for hearings regarding these violations.
 Provides for the privacy of the data obtained from speed detection systems.
 Requires reporting by counties and municipalities that implement speed detection system programs in
school zones, and a summary report by the Department of Highway Safety and Motor Vehicles (DHSMV).
 Exempts speed detection systems from DHSMV’s requirements for radar or LiDAR units, while r equiring a
speed detection system to perform self-tests as to its detection accuracy.
 Prohibits points from being imposed for a violation of unlawful speed enforced by a speed detection system
and prohibits such violations from being used for purposes of setting motor vehicle insurance rates.
The bill may have an indeterminate fiscal impact on the state, local governments, and the private sector. See Fiscal
Analysis & Economic Impact Statement.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Regulation of Use of Cameras to Enforce Traffic Laws
Florida law preempts to the state the regulation of the use of cameras for enforcing Florida’s Uniform
Traffic Control Law.1 The only cameras currently authorized to enforce traffic laws are traffic infraction
detectors,2 commonly known as red light cameras.3
Traffic Infraction Enforcement Officers
Section 316.640(5)(a), F.S., authorizes any sheriff's department or municipal police department to
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.
Any 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. In
addition, any such traffic infraction enforcement officer may issue a traffic citation under s. 316.0083,
F.S., authorizing camera enforcement of red light running. For purposes of enforcing s. 316.0083, F.S.,
any sheriff's department or municipal police department 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.
Establishment of School Zones
Florida law requires the Department of Transportation (DOT) to adopt a uniform system of traffic control
devices and pedestrian control devices for use on streets and highways surrounding all public and
private schools.4
DOT must maintain a school zone located on a state-maintained road. However, nothing prohibits DOT
from entering into agreements with counties or municipalities where the county or municipality
maintains specified school zones on state-maintained roads. The county has the responsibility to
maintain a school zone located outside of any municipality and on a county road. A municipality has the
responsibility to maintain a school zone located in a municipality. 5 School zones must be periodically
inspected to determine whether or not the school zones are being properly maintained. 6
1 S. 316.0076, F.S.
2 Section 316.003(98), F.S., defines the term “traffic infraction detector” to mean 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 ele ctronic
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. 316.0083(1)(b) , F.S., or traffic citation issued by
the use of a traffic infraction detector must include a photograph or other recorded image showing both the license tag of the offending
vehicle and the traffic control device being violated.
3 S. 326.0083, F.S.
4 S. 316.1895(1)(a), F.S.
5 S. 316.1895(3)(a)-(c), F.S.
6 S. 316.1895(4), F.S.
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 A school zone speed limit may not be less than 15 miles per hour except by local regulation. A school
zone speed limit may not be more than 20 miles per hour in an urbanized area.7 Such speed limit may
be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time
when pupils are arriving at a regularly scheduled breakfast program or a regularly scheduled school
session and leaving a regularly scheduled school session. 8
Permanent signs designating school zones and school zone speed limits mus t be uniform in size and
color, and have the times during which the restrictive speed limit is enforced clearly designated on the
signs. Flashing beacons may be used as an alternative to posting the times during which the restrictive
school speed limit is enforced. Beginning July 1, 2008, for any newly established school zone or any
school zone in which the signing has been replaced, a sign stating “Speeding Fines Doubled” must be
installed within the school zone. DOT must establish adequate standards for the signs and flashing
beacons.9
A person may not drive a vehicle on a roadway designated as a school zone at a speed greater than
that posted in the school zone. Violations of the speed limits in a school zone must be cited as a
moving violation, punishable as provided in ch. 318, F.S., relating to the disposition of traffic
infractions.10
Unlawful Speed
Under s. 316.183, F.S., a person may not drive a vehicle on a highway at a speed greater than is
reasonable and prudent under the conditions and having regard to the actual and potential hazards
then existing. In every event, speed must be controlled as may be necessary to avoid colliding with any
person, vehicle, or other conveyance or object on or entering the highway in compliance with legal
requirements and the duty of all persons to use due care.11 The statute provides maximum and
minimum authorized speeds for various types of roads.12 An unlawful speed violation under this statute
is a noncriminal traffic infraction, punishable as a moving violation as provided in ch. 318, F.S.13
Penalties for Unlawful Speed
Section 318.18(3)(b), F.S., provides the following penalties for moving violations involving unlawful
speed:
For speed exceeding the limit by: Fine:
1-5 mph Warning
6-9 mph $25
10-15 mph $100
15-19 mph $150
20-29 mph $175
30 mph or above $250
However, a person cited for exceeding the speed limit by up to 5 mph in a legally posted school zone is
fined $50. A person exceeding the speed limit in a school zone or designated school crossing must pay
a fine double the amount listed above.14
Driver License Points
7 Section 334.03(35), F.S., defines the term “urbanized area” to mean a geographic region comprising as a minimum the area insi de an
urban place of 50,000 or more persons, as designated by the United States Bureau of the Census, expanded to include adjac ent
developed areas as provided for by Federal Highway Administration regulations. Urban areas with a population of fewer than 50 ,000
persons which are located within the expanded boundary of an urbanized area are not separately recognized.
8 S. 316.1895(5), F.S.
9 S. 316.1895(6), F.S.
10 S. 316.1895(10), F.S.
11 S. 316.183(1), F.S.
12 S. 316.183(2), F.S.
13 S. 316.183(7), F.S.
14 S. 318.18(3)(c), F.S.
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 Section 322.27(3), F.S., establishes a point system for evaluation of convictions of violations of motor
vehicle laws or ordinances for the determination of the continuing qualification of any person to operate
a motor vehicle. The Department of Highway Safety and Motor Vehicles (DHSMV) may 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 amounting to 12 or more
points as determined by the point system.
The points given for unlawful speed are:
 Not in excess of 15 miles per hour of lawful or posted speed - 3 points.
 In excess of 15 miles per hour of lawful or posted speed - 4 points.15
Florida law prohibits points being assessed for red light violations when enforced by a traffic infraction
enforcement officer, and such violation may not be used to set motor vehicle insurance rates.16
Radar Speed-Measuring Devices
Under Florida law, evidence of the speed of a vehicle measured by any radar speed-measuring device
is inadmissible in any proceeding with respect to an alleged violation laws regulating the lawful speed
of vehicles, unless such evidence of speed is obtained by an officer who:
 Has satisfactorily completed the radar training course established by the Criminal Justice
Standards and Training Commission.
 Has made an independent visual determination that the vehicle is operating in excess of the
applicable speed limit.
 Has written a citation based on evidence obtained from radar when conditions permit the clear
assignment of speed to a single vehicle.
 Is using radar which has no automatic speed locks and no audio alarms, unless disconnected or
deactivated.
 Is operating radar with audio Doppler engaged.
 Is using a radar unit which meets the minimum design criteria for such units established by
DHSMV.17
Whenever any peace officer engaged in the enforcement of the motor vehicle laws uses any device to
determine the speed of a motor vehicle on a public road, the device must be approved by DHSMV and
must have been tested to determine that it is operating accurately. Tests for this purpose must be made
at least once each six months.18 Any police officer, upon receiving information relayed to him or her
from a fellow officer stationed on the ground or in the air operating such a device that a driver of a
vehicle has violated the speed laws, may arrest the driver for violation of said laws where reasonable
and proper identification of the vehicle and the speed of same has been communicated to the arresting
officer.19
School Crossing Guards
Florida law requires DOT to adopt uniform guidelines for the training of school crossing guards. Each
local governmental entity administering a school crossing guard program must provide a training
program for school crossing guards according to the uniform guidelines. Successful completion of the
training program is required of each school guard, except:
 A person who received equivalent training during employment as a law enforcement officer.
 A person who receives less than $5,000 in annual compensation in a county with a population
of less than 75,000.
 A student who serves in a school patrol.
15 S. 322.27(3)(d)5., F.S.
16 S. 322.27(3)(d)6., F.S.
17 S. 316.1906(2), F.S.
18 S. 316.1905(1), F.S.
19 S. 316.1905(2), F.S.
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 School crossing guard training programs may be made available to nonpublic schools upon contract. 20
In Florida, school crossing guards are typically recruited, trained, and employed by a municipal police
department or a county sheriff’s department.21
Effect of the Bill
The bill authorizes speed detection systems, which are similar to traffic infraction detectors, to be used
to enforce speed limits in school zones for violations in excess of 10 miles per hour over the applicable
speed limit when children are going to or from school and during the entirety of the school day.
Definitions
The bill revises the existing definition of the term “local hearing officer” 22 which is used in relation to
traffic infraction detectors to incorporate their use related to hearings on violations issued by speed
detection systems in school zones.
The bill defines the term “speed detection system” to mean a portable or fixed automated system used
to detect a motor vehicle’s speed using radar or LiDAR and to capture a photograph or video of the rear
of a motor vehicle that exceeds the speed limit in force at the time of the violation.
Powers of Local Authorities
The bill creates s. 316.008(9), F.S., authorizing a county or municipality to enforce the applicable speed
limit on a roadway properly maintained as a school zone, through the use of a speed detection system
for the detection of speed and capturing of photographs or videos for violations in excess of 10 miles
per hour over the speed limit in force at the time of the violation:
 Within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast
program;
 Within 30 minutes before through 30 minutes after the start of a regularly scheduled school
session;
 During the entirety of a regularly scheduled school session; and
 Within 30 minutes before through 30 minutes after the end of regularly scheduled school
session.
A sch