HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/CS/HB 1045 Student Transportation Safety SPONSOR(S): Infrastructure Strategies Committee, Civil Justice Subcommittee, Michael, Berfield, and others TIED BILLS: IDEN./SIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Transportation & Modals Subcommittee 16 Y, 1 N Walker Hinshelwood 2) Civil Justice Subcommittee 15 Y, 2 N, As CS Mathews Jones 3) Infrastructure Strategies Committee 22 Y, 1 N, As CS Walker Harrington SUMMARY ANALYSIS Florida law expressly preempts to the state the regulation of the use of cameras for enforcing the Florida Uniform Traffic Control Law. The only cameras currently authorized to enforce traffic laws are traffic infraction detectors (commonly known as red light cameras), speed detection systems used to enforce school zone speed limits for violations in excess of 10 miles per hour over the speed limit, and school bus infraction detection systems for public school districts. A school bus infraction detection system is a camera system affixed to a school bus with two or more camera sensors or computers that produce a recorded video and two or more film or digital photographic still images for the purpose of documenting a motor vehicle being used or operated in a manner that allegedly violates the laws relating to traffic stopping for a school bus. Florida law authorizes school districts to install and operate a school bus infraction detection system on a school bus to enforce such laws. The bill makes the following changes to provisions relating to the use of school bus infraction detection systems: Authorizing competitively bid revenue-sharing contracts. Revising requirements for signage posted on the rear of a school bus indicating the use of a school bus infraction detection system by no longer requiring the signage to be high-visibility reflective signage. Requiring a court that has jurisdiction over traffic violations to determine whether to uphold a notice of violation. Revising the permissible uses of civil penalties assessed and collected for a violation enforced by a school bus infraction detection system. Clarifying the application of a certain fee for a notice of violation. Amending provisions relating to use of camera footage. Amending reporting requirements. The bill will have an indeterminate impact on state, local governments, and the private sector. The bill is effective upon becoming law. This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives . STORAGE NAME: h1045d.ISC DATE: 2/26/2024 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Current Situation Use of Cameras for Traffic Enforcement Florida law expressly preempts to the state the regulation of the use of cameras for enforcing the Florida Uniform Traffic Control Law.1 The only cameras currently authorized to enforce traffic laws are traffic infraction detectors (commonly known as red light cameras),2 speed detection systems used to enforce school zone speed limits for violations in excess of 10 miles per hour over the speed limit,3 and school bus infraction detection systems for public school districts.4 School Bus Infraction Detection Systems Under Florida law, a school bus infraction detection system is a camera system affixed to a school bus with two or more camera sensors or computers that produce a recorded video and two or more film or digital photographic still images for the purpose of documenting a motor vehicle being used or operated in a manner that allegedly violates the following laws relating to traffic stopping for a school bus: 5 Any person using, operating, or driving a vehicle on or over the roads or highways of this state must, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle must not pass the school bus until the signal has been withdrawn.6 Any person using, operating, or driving a vehicle must not pass a school bus on the side that children enter and exit when the school bus displays a stop signal.7 Florida law authorizes school districts to install and operate a school bus infraction detection system on a school bus to enforce such laws. 89 School districts may contract with a private vendor or manufacturer to install a school bus infraction detection system on any school bus within its fleet, whether owned, contracted, or leased, and for services including, but not limited to, the installation, operation, and maintenance of the system. The school district's decision to install school bus infraction systems must be based solely on the need to increase public safety. Under current law, an individual may not receive a commission from any revenue collected from violations detected through the use of a school bus infraction detection system. Further, a private vendor or manufacturer may not receive a fee or remuneration based upon the number of violations detected through the use of a school bus infraction detection system.10 1 S. 316.0076, F.S. Ch. 316, F.S., is the Florida Uniform Traffic Control Law. 2 Section 316.003(100), 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 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), 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. See also s. 316.0083, F.S., relating to the Mark Wandall Traffic Safety Program. 3 Ss. 316.003(82), 316.008(9), 316.0776(3), and 316.1896, F.S. 4 Ss. 316.003(78) and 316.173, F.S. 5 S. 316.003(78), F.S. 6 S. 316.172(1)(a), F.S. 7 S. 316.172(1)(b), F.S. 8 S. 316.173(1)(a), F.S. 9 S. 1006.21(3)(h), F.S., provides that a district school board, after considering recommendations of the district school superintendent may install and operate, or enter into an agreement with a private vendor or manufacturer to provide, a school bus infraction detection system. 10 S. 316.173(1)(b), F.S. STORAGE NAME: h1045d.ISC PAGE: 2 DATE: 2/26/2024 The school district must ensure that each school bus infraction detection system meets specifications established by the State Board of Education (SBE) and must be tested at regular intervals according to specifications prescribed by SBE rule. Equipment acquired via an agreement entered into by a school district on or before December 31, 2023, is not required to meet SBE specifications until July, 1, 2024. 11 A school district that elects to install a school bus infraction detection system must enter into an interlocal agreement with one or more law enforcement agencies authorized to enforce violations, within the school district which jointly establishes the responsibilities of enforcement and the reimbursement of costs associated with school bus infraction detection systems.12 On any school bus upon which a school bus infraction detection system is installed and operational, the school district must post high-visibility reflective signage on the rear of the school bus indicating the use of such system. The signage must be in the form of one or more signs or stickers and must contain the following elements in substantially the following form: The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED LIGHTS FLASH.” The words “CAMERA ENFORCED.” A graphic depiction of a camera.13 If a school district that has never conducted a school bus infraction detection system program begins such a program, the school district must make a public announcement and conduct a public awareness campaign at least 30 days before commencing enforcement. The school district must notify the public of the specific date on which the program will commence and, during the 30-day public awareness campaign, only a warning may be issued for a violation that is enforced by a school bus infraction detection system; a civil penalty may not be imposed during the 30-day public awareness campaign.14 Within 30 days after an alleged violation is recorded by a school bus infraction detection system, the school district or the private vendor or manufacturer with whom the school district has entered into a contract, must submit the following information to a law enforcement agency that has entered into an interlocal agreement with the school district and has traffic infraction enforcement jurisdiction at the location where the alleged violation occurred: A copy of the recorded video and images showing the motor vehicle’s alleged violations; The motor vehicle’s license plate number and the state of issuance of the motor vehicle’s license plate; and The date, time, and location of the alleged violation.15 Within 30 days after receiving the information required above, the law enforcement agency, if it determines that the motor vehicle violated the laws relating to traffic stopping for a school bus, must send a notice of violation to the registered owner of the motor vehicle involved in the violation specifying the remedies available under s. 318.14, F.S., 16 and that the violator must pay the penalty under s. 318.18(5), F.S.,17 or furnish an affidavit within 30 days after the date the notice of violation is sent in order to avoid court fees, costs, and the issuance of a uniform traffic citation. The notice of violation must be sent by first-class mail and include all of the following: A copy of one or more recorded images showing the motor vehicle involved in the violation, including an image showing the license plate of the motor vehicle; The date, time, and location of the violation; 11 S. 316.173(1)(c) and (18), F.S. 12 S. 316.173(1)(d), F.S. 13 S. 316.173(2), F.S. 14 S. 316.173(3), F.S. 15 S. 316.173(4), F.S. 16 S. 318.14, F.S., provides procedures for noncriminal traffic infractions. 17 S. 318.18(5), F.S., provides a minimum penalty of $200 for a failure to stop for a school bus and a minimum penalty of $200 for passing a school bus on the side that children enter and exit if the violation is enforced by a school bus infraction detection system. In addition to these penalties, if the alleged offender is found to have committed the offense and it is enforced by a school bus infraction detection system, then the court must impose the civil penalty aforementioned plus an additional $25. STORAGE NAME: h1045d.ISC PAGE: 3 DATE: 2/26/2024 The amount of the civil penalty, the date by which the civil penalty must be paid, and instructions on how to pay the civil penalty; Instructions on how to request a hearing to contest liability or the notice of violation; A notice that the owner has the right to review, in person or remotely, the video and images recorded by the school bus infraction detection system which constitute a rebuttable presumption that the motor vehicle was used in violation of law; The time when, and the place or website at which, the recorded video and images may be examined and observed; and A warning that failure to pay the civil penalty or to contest liability within 30 days after the notice is mailed will result in the issuance of a uniform traffic citation. 18 If the registered owner or co-owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle at the time of the violation; or an authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the violation, such person waives any challenge or dispute as to the delivery of the notice of violation. 19 Civil penalties assessed and collected for a violation enforced by a school bus infraction detection system must be remitted to the school district in which the violation occurred. Such civil penalties must be used for the installation or maintenance of school bus infraction detection systems on school buses, for any other technology that increases the safety of the transportation of students, or for the administration and costs associated with the enforcement of violations.20 If payment for a violation has not been made within 30 days after the notice of violation and if the registered owner has not submitted an affidavit supporting an exception,21 a uniform traffic citation is issued and mailed via certified mail to the address of the registered owner of the motor vehicle involved in the violation Delivery of the uniform traffic citation constitutes notification of a violation. If the registered owner or co- owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle at the time of the violation; or a duly authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the citation, such person waives any challenge or dispute as to delivery of the uniform traffic citation.22 In the case of joint ownership of a motor vehicle, the uniform traffic citation must be mailed to the first name appearing on the motor vehicle 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. 23 The uniform traffic citation mailed to the registered owner of the motor vehicle involved in the violation must be accompanied by information that was also included in the notice of violation. 24 The registered owner of the motor vehicle involved in the violation is responsible and liable for paying the uniform traffic citation issued for a violation of the laws relating to traffic stopping for a school bus, unless the owner can establish that: The motor vehicle was, at the time of the violation, in the care, custody, or control of another person; A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation; or 18 S. 316.173(5), F.S. 19 S. 316.173(6), F.S. 20 S. 316.173(7), F.S. 21 S. 316.173(8), F.S. 22 Id. 23 Id. 24 Id. STORAGE NAME: h1045d.ISC PAGE: 4 DATE: 2/26/2024 The motor vehicle's owner was deceased on or before the date of the alleged violation, as established by an affidavit submitted by the representative of the motor vehicle owner's estate or other identified person or family member.25 To establish the above facts, the registered owner of the motor vehicle must, within 30 days after the date of issuance of the notice of violation or the traffic citation, furnish to the law enforcement agency an affidavit setting forth information supporting an exception: An affidavit stating that the motor vehicle was, at the time of the violation, in the care, custody, or control of another person must include the name, address, date of birth, and, if known, the driver 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 motor vehicle was stolen at the time of the alleged violation, the affidavit must include the police report indicating that the motor vehicle was stolen. If a uniform traffic citation for a violation 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. If the motor vehicle's owner to whom a uniform traffic citation has been issued is deceased, the affidavit must include a certified copy of the owner's death certificate showing that the date of death occurred on or before the date of the alleged violation and one of the following: o A bill of sale or other document showing that the deceased owner's motor vehicle was sold or transferred after his or her death but on or before the date of the alleged violation. o Documented proof that the registered license plate belonging to the deceased owner's motor vehicle was returned to the Department of Highway Safety and Motor Vehicles