Bill Summary – FastDemocracy

       Florida Senate - 2023                                    SB 1326
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00904-23                                           20231326__
                      A bill to be entitled                      
       An act relating to motor vehicle license tags;
       amending s. 316.003, F.S.; deleting the definitions of
       the terms “local hearing officer” and “traffic
       infraction detector”; repealing ss. 316.008(8),
       316.0083, and 316.00831, F.S., relating to the
       installation and use of traffic infraction detectors
       to enforce specified provisions, the authorization for
       the Department of Highway Safety and Motor Vehicles, a
       county, or a municipality to use a traffic enforcement
       officer for a specified purpose, and the distribution
       of penalties collected for specified violations,
       respectively; repealing ss. 316.07456, 316.0776,
       318.15(3), and 321.50, F.S., relating to transitional
       implementation of traffic infraction detectors,
       placement and installation of traffic infraction
       detectors, and failure to comply with civil penalty or
       to appear, and authorization to use traffic infraction
       detectors, respectively; amending s. 718.114, F.S.;
       prohibiting a condominium association from using
       certain devices; providing an exception; amending s.
       720.303, F.S.; prohibiting a homeowners’ association
       from using certain devices; providing an exception;
       amending s. 723.023, F.S.; prohibiting a mobile home
       owner from using certain devices; providing an
       exception; amending ss. 28.37, 316.306, 316.640,
       316.650, 318.121, 318.14, 318.18, 320.03, 322.27, and
       655.960, F.S.; conforming cross-references and
       provisions to changes made by the act; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsections (38), (64), and (98) of section
316.003, Florida Statutes, are amended 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:
       (38) LOCAL HEARING OFFICER.—The person, designated by a
department, county, or municipality that elects to authorize
traffic infraction enforcement officers to issue traffic
citations under s. 316.0083(1)(a), who is authorized to conduct
hearings related to a notice of violation issued pursuant to s.
316.0083. The charter county, noncharter county, or municipality
may use its currently appointed code enforcement board or
special magistrate to serve as the local hearing officer. The
department may enter into an interlocal agreement to use the
local hearing officer of a county or municipality.
       (63)(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
provided in paragraph (86)(b) (87)(b), any privately owned way
or place used for vehicular travel by the owner and those having
express or implied permission from the owner, but not by other
persons.
       (98) 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. 316.0083(1)(b) 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.
       Section 2. Subsection (8) of section 316.008, Florida
Statutes, is repealed.
       Section 3. Section 316.0083, Florida Statutes, is repealed.
       Section 4. Section 316.00831, Florida Statutes, is
repealed.
       Section 5. Section 316.07456, Florida Statutes, is
repealed.
       Section 6. Section 316.0776, Florida Statutes, is repealed.
       Section 7. Subsection (3) of section 318.15, Florida
Statutes, is repealed.
       Section 8. Section 321.50, Florida Statutes, is repealed.
       Section 9. Section 718.114, Florida Statutes, is amended to
read:
       718.114 Association powers.—
       (1) An association may enter into agreements to acquire
leaseholds, memberships, and other possessory or use interests
in lands or facilities such as country clubs, golf courses,
marinas, and other recreational facilities, regardless of
whether the lands or facilities are contiguous to the lands of
the condominium, if such lands and facilities are intended to
provide enjoyment, recreation, or other use or benefit to the
unit owners. All of these leaseholds, memberships, and other
possessory or use interests existing or created at the time of
recording the declaration must be stated and fully described in
the declaration. Subsequent to the recording of the declaration,
agreements acquiring these leaseholds, memberships, or other
possessory or use interests which are not entered into within 12
months of the date of the recording of the certificate of a
surveyor and mapper pursuant to s. 718.104(4)(e) or the
recording of an instrument that transfers title to a unit in the
condominium which is not accompanied by a recorded assignment of
developer rights in favor of the grantee of such unit, whichever
occurs first, are a material alteration or substantial addition
to the real property that is association property, and the
association may not acquire or enter into such agreements except
upon a vote of, or written consent by, a majority of the total
voting interests or as authorized by the declaration as provided
in s. 718.113. The declaration may provide that the rental,
membership fees, operations, replacements, and other expenses
are common expenses and may impose covenants and restrictions
concerning their use and may contain other provisions not
inconsistent with this chapter. A condominium association may
conduct bingo games as provided in s. 849.0931.
       (2) An association may not use any device that
automatically photographs or records the license tag of a
vehicle unless a supermajority of the members approve such
device.
       Section 10. Subsection (13) is added to section 720.303,
Florida Statutes, to read:
       720.303 Association powers and duties; meetings of board;
official records; budgets; financial reporting; association
funds; recalls.—
       (13) DEVICES PROHIBITED.—An association may not use any
device that automatically photographs or records the license tag
of a vehicle unless a supermajority of the members approve such
device.
       Section 11. Subsection (6) is added to section 723.023,
Florida Statutes, to read:
       723.023 Mobile home owner’s general obligations.—A mobile
home owner shall:
       (6) Be prohibited from using any device that automatically
photographs or records the license tag of a vehicle unless a
supermajority of the mobile home owners approve such device.
       Section 12. Subsection (6) of section 28.37, Florida
Statutes, is amended to read:
       28.37 Fines, fees, service charges, and costs remitted to
the state.—
       (6) Ten percent of all court-related fines collected by the
clerk, except for penalties or fines distributed to counties or
municipalities under s. 318.18(15) s. 316.0083(1)(b)3. or s.
318.18(15)(a), must be deposited into the fine and forfeiture
fund to be used exclusively for clerk court-related functions,
as provided in s. 28.35(3)(a).
       Section 13. Paragraph (a) of subsection (3) of section
316.306, Florida Statutes, is amended to read:
       316.306 School and work zones; prohibition on the use of a
wireless communications device in a handheld manner.—
       (3)(a)1. A person may not operate a motor vehicle while
using a wireless communications device in a handheld manner in a
designated school crossing, school zone, or work zone area as
defined in s. 316.003 s. 316.003(109). This subparagraph is
shall only be applicable to work zone areas if construction
personnel are present or are operating equipment on the road or
immediately adjacent to the work zone area. For the purposes of
this paragraph, a motor vehicle that is stationary is not being
operated and is not subject to the prohibition in this
paragraph.
       2. Effective January 1, 2020, a law enforcement officer may
stop motor vehicles and issue citations to persons who are
driving while using a wireless communications device in a
handheld manner in violation of subparagraph 1.
       Section 14. Paragraph (b) of subsection (1) and paragraph
(a) of 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 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
established by the Department of Transportation.
       3. For the purpose of enforcing s. 316.0083, 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 sheriff’s 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.
       Section 15. Paragraphs (a) and (c) of subsection (3) of
section 316.650, Florida Statutes, are 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.
       (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. If a hearing
is requested, the traffic infraction enforcement officer shall
provide a replica of the traffic notice of violation data to the
clerk for the local hearing officer having jurisdiction over the
alleged offense within 14 days.
       Section 16. Section 318.121, Florida Statutes, is amended
to read:
       318.121 Preemption of additional fees, fines, surcharges,
and costs.—Notwithstanding any general or special law, or
municipal or county ordinance, additional fees, fines,
surcharges, or costs other than the court costs and surcharges
assessed under s. 318.18(11), (13), (18), and (19), and (22) may
not be added to the civil traffic penalties assessed under this
chapter.
       Section 17. Subsection (2) of section 318.14, Florida
Statutes, is amended to read:
       318.14 Noncriminal traffic infractions; exception;
procedures.—
       (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
and 316.0083, any person cited for a violation requiring a
mandatory hearing listed in s. 318.19 or any other criminal
traffic violation listed in chapter 316 must sign and accept a
citation 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. For all other infractions under this
section, except for infractions under s. 316.1001, the officer
must certify by electronic, electronic facsimile, or written
signature that the citation was delivered to the person cited.
This certification is prima facie evidence that the person cited
was served with the citation.
       Section 18. Subsections (15) and (22) of section 318.18,
Florida Statutes, are 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 and 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 and when enforced by a
law 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 Emergency Medical Services Trust
Fund of the Department o