Bill Summary – FastDemocracy

       Florida Senate - 2021                                    SB 1050
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00517-21                                           20211050__
                      A bill to be entitled                      
       An act relating to school bus safety; amending s.
       316.172, F.S.; authorizing a school district to
       install cameras on district school buses for certain
       purposes; authorizing the Department of Highway Safety
       and Motor Vehicles, a county, or a municipality to
       authorize a traffic infraction enforcement officer to
       issue and enforce a citation for certain violations;
       requiring notification to be sent to the registered
       owner of the motor vehicle involved in the violation;
       providing notification requirements; authorizing
       request for a hearing; prohibiting an individual from
       receiving a commission from any revenue collected from
       violations detected through the use of a camera and a
       manufacturer or vendor from receiving a fee or
       remuneration based upon the number of violations
       detected through the use of a camera; providing
       requirements for issuance of a citation; requiring
       payment of a citation unless certain information is
       established in an affidavit; providing affidavit
       requirements; providing penalties for submitting a
       false affidavit; providing that certain evidence is
       admissible in enforcement proceedings; providing
       construction; requiring participating school districts
       to submit annual reports to the department; requiring
       the department to submit annual reports to the
       Governor and Legislature; providing hearing
       procedures; authorizing an aggrieved party to appeal a
       final order according to certain provisions; amending
       s. 318.18, F.S.; providing disposition of civil
       penalties for certain violations relating to stopping
       for a school bus; amending s. 318.21, F.S.; revising
       distribution of certain civil penalties; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSection 316.172, Florida Statutes, is amended to
read:
       316.172âTraffic to stop for school bus.â
       (1)(a)âA Any person using, operating, or driving a vehicle
on or over the roads or highways of this state shall, upon
approaching a any school bus that which displays a stop signal,
bring such vehicle to a full stop while the bus is stopped, and
the vehicle shall not pass the school bus until the signal has
been withdrawn. A person who violates this section commits a
moving violation, punishable as provided in chapter 318.
       (b)âA Any person using, operating, or driving a vehicle
that passes a school bus on the side that children enter and
exit when the school bus displays a stop signal commits a moving
violation, punishable as provided in chapter 318, and is subject
to a mandatory hearing under the provisions of s. 318.19.
       (c)1.âA school district may, upon approval of the district
school board, install a camera on one or more school buses
owned, leased, operated, or contracted by the school district to
aid in the enforcement of paragraphs (a) and (b) through the
recording of photographic or electronic images or streaming
video. The department, a county, or a municipality may authorize
a traffic infraction enforcement officer under s. 316.640 to
issue a traffic citation for a violation of paragraph (a) or
paragraph (b).
       a.âWithin 30 days after a violation, notification must be
sent to the registered owner of the motor vehicle involved in
the violation specifying the remedies available under s. 318.14
and that the violator must pay the penalty provided in s.
318.18(5) to the department, county, or municipality, or furnish
an affidavit in accordance with paragraph (e), or request a
hearing within 60 days following the date of the notification in
order to avoid the issuance of a traffic citation. The
notification must be sent by first-class mail. The mailing of
the notice of violation constitutes notification.
       b.âIncluded with the notification to the registered owner
of the motor vehicle involved in the violation must be a notice
that the owner has the right to review the photographic or
electronic images or the streaming video evidence that
constitutes a rebuttable presumption against the owner of the
motor vehicle. The notice must state the time and place or
Internet location where the evidence may be examined and
observed.
       c.âNotwithstanding any other provision of law, a person who
receives a notice of violation under this paragraph may request
a hearing within 60 days following the notification of violation
or pay the penalty pursuant to the notice of violation, but a
payment or fee may not be required before the hearing requested
by the person. The notice of violation must be accompanied by,
or direct the person to a website that provides, information on
the personâs right to request a hearing and on all court costs
related thereto and a form to request a hearing. As used in this
sub-subparagraph, the term âpersonâ includes a natural person,
registered owner or co-owner of a motor vehicle, or person
identified on an affidavit as having care, custody, or control
of the motor vehicle at the time of the violation.
       d.âIf the registered owner or co-owner of the motor
vehicle, or the person designated 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 designated
person, initiates a proceeding to challenge the violation
pursuant to this paragraph, such person waives any challenge or
dispute as to the delivery of the notice of violation.
       2.âAn individual may not receive a commission from any
revenue collected from violations detected through the use of a
camera installed pursuant to this paragraph. A manufacturer or
vendor may not receive a fee or remuneration based upon the
number of violations detected through the use of a camera
installed pursuant to this paragraph.
       (d)1.a.âA traffic citation issued under this section shall
be issued by mailing the traffic citation by certified mail to
the address of the registered owner of the motor vehicle
involved in the violation if payment has not been made within 60
days after notification under subparagraph (c)1., if the
registered owner has not requested a hearing as authorized under
subparagraph (c)1., or if the registered owner has not submitted
an affidavit under this section.
       b.âDelivery of the traffic citation constitutes
notification under this paragraph. If the registered owner or
co-owner of the motor vehicle, or the person designated 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 designated person, initiates a
proceeding to challenge the citation pursuant to this section,
such person waives any challenge or dispute as to the delivery
of the traffic citation.
       c.âIn the case of joint ownership of a motor vehicle, the
traffic citation shall be mailed to the first name appearing on
the registration, unless the first name appearing on the
registration is a business organization, in which case the
second name appearing on the registration may be used.
       2.âIncluded with the notification to the registered owner
of the motor vehicle involved in the violation shall be a notice
that the owner has the right to review, in person or remotely,
the photographic or electronic images or the streaming video
evidence that constitutes a rebuttable presumption against the
owner of the motor vehicle. The notice must state the time and
place or Internet location where the evidence may be examined
and observed.
       (e)1.âThe owner of the motor vehicle involved in the
violation is responsible and liable for paying the uniform
traffic citation issued for a violation of this subsection
unless the owner can establish that:
       a.âThe motor vehicle proceeded past the school bus in order
to yield right-of-way to an emergency vehicle or as part of a
funeral procession;
       b.âThe motor vehicle proceeded past the school bus at the
direction of a law enforcement officer;
       c.âThe motor vehicle was, at the time of the violation, in
the care, custody, or control of another person;
       d.âA uniform traffic citation was issued by a law
enforcement officer to the driver of the motor vehicle for the
alleged violation of this subsection; or
       e.âThe motor vehicleâs owner was deceased on or before the
date that the uniform traffic citation was issued, as
established by an affidavit submitted by the representative of
the motor vehicle ownerâs estate or other designated person or
family member.
       2.âIn order to establish such facts, the owner of the motor
vehicle shall, within 30 days after the date of issuance of the
traffic citation, furnish to the appropriate governmental entity
an affidavit setting forth detailed information supporting an
exemption as provided in this paragraph.
       a.âAn affidavit supporting an exemption under sub
subparagraph 1.c. 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.
       b.âIf a traffic citation for a violation of this subsection
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.
       c.âIf the motor vehicleâs owner to whom a traffic citation
has been issued is deceased, the affidavit must include a
certified copy of the ownerâs death certificate showing that the
date of death occurred on or before the issuance of the uniform
traffic citation and one of the following:
       (I)âA bill of sale or other document showing that the
deceased ownerâs motor vehicle was sold or transferred after his
or her death, but on or before the date of the alleged
violation.
       (II)âDocumentary proof that the registered license plate
belonging to the deceased ownerâs vehicle was returned to the
department or any branch office or authorized agent of the
department, but on or before the date of the alleged violation.
       (III)âA copy of a police report showing that the deceased
ownerâs registered license plate or motor vehicle was stolen
after the ownerâs death, but on or before the date of the
alleged violation.

Upon receipt of the affidavit and documentation required under
this sub-subparagraph, the governmental entity must dismiss the
citation and provide proof of such dismissal to the person who
submitted the affidavit.
       3.âUpon receipt of an affidavit, the person designated as
having care, custody, or control of the motor vehicle at the
time of the violation may be issued a notice of violation
pursuant to paragraph (c) for a violation of this subsection.
The affidavit is admissible in a proceeding pursuant to this
section for the purpose of providing proof that the person
identified in the affidavit was in actual care, custody, or
control of the motor vehicle. The owner of a leased vehicle for
which a traffic citation is issued for a violation of this
subsection is not responsible for paying the traffic citation
and is not required to submit an affidavit as specified in this
subsection if the motor vehicle involved in the violation is
registered in the name of the lessee of such motor vehicle.
       4.âParagraphs (c) and (d) apply to the person identified on
the affidavit, except that the notification under sub
subparagraph (c)1.a. must be sent to the person identified on
the affidavit within 30 days after receipt of an affidavit.
       5.âThe submission of a false affidavit is a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s.
775.083.
       (f)âThe photographic or electronic images or streaming
video attached to or referenced in the traffic citation is
evidence that a violation of this subsection has occurred and is
admissible in any proceeding to enforce this section and raises
a rebuttable presumption that the motor vehicle named in the
report or shown in the photographic or electronic images or
streaming video evidence was used in violation of this
subsection.
       (g)âParagraphs (c)-(f) supplement the enforcement of this
subsection by law enforcement officers and do not prohibit a law
enforcement officer from issuing a traffic citation for a
violation of this subsection in accordance with normal traffic
enforcement techniques.
       (h)1.âEach school district that has installed a camera on
one or more school buses shall submit a report by October 1,
2022, and annually thereafter, to the department which details
the results of using the camera and the procedures for
enforcement for the preceding state fiscal year. The information
submitted by the school district must include statistical data
and information required by the department to complete the
report required under subparagraph 2.
       2.âOn or before December 31, 2022, and annually thereafter,
the department shall provide a summary report to the Governor,
the President of the Senate, and the Speaker of the House of
Representatives regarding the use and operation of cameras under
this subsection, along with the departmentâs recommendations and
any necessary legislation. The summary report must include a
review of the information submitted to the department by the
school districts and must describe the enhancement of traffic
safety and enforcement.
       (i)âProcedures for a hearing under this subsection are as
follows:
       1.âThe department shall publish and make available
electronically to each school district a model Request for
Hearing form to assist each school district administering this
subsection.
       2.âThe county or municipality electing to authorize traffic
infraction enforcement officers to issue traffic citations under
subparagraph (c)1. shall designate by resolution existing staff
to serve as the clerk to the local hearing officer.
       3.âAny person, referred to in this paragraph as the
âpetitioner,â who elects to request a hearing under subparagraph
(c)1. shall be scheduled for a hearing by the clerk to the local
hearing officer to appear before a local hearing officer with
notice to be sent by first-class mail. Upon receipt of the
notice, the petitioner may reschedule the hearing once by
submitting a written request to reschedule to the clerk to the
local hearing officer at least 5 calendar days before the day of
the originally scheduled hearing. The petitioner may cancel his
or her appearance before the local hearing officer by paying the
penalty assessed under s. 318.18(5), plus $50 in administrative
costs, before the start of the hearing.
       4.âAll testimony at the hearing shall be under oath and
shall be recorded. The local hearing officer shall take
testimony from a traffic infraction enforcement officer and the
petitioner and may take testimony from others. The local hearing
officer shall review the photographic or electronic images or
the streaming video made available under sub-subparagraph
(c)1.b. Formal rules of evidence do not apply, but due process
shall be observed and govern the proceedings.
       5.âAt the conclusion of the hearing, the local hearing
officer shall determine whether a violation under this
subsection has occurred, in which case the local hearing officer
shall uphold or dismiss the violation. The local hearing officer
shall issue a final administrative order including the
determination and, if the notice of violation is upheld, require
the petitioner to pay the penalty previously assessed under s.
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