Florida Senate - 2021 SB 1474



By Senator Rodriguez





39-01398B-21 20211474__
1 A bill to be entitled
2 An act relating to photographic enforcement of school
3 zone speed limits; amending s. 316.003, F.S.; defining
4 the term “speed detection system”; amending s.
5 316.008, F.S.; authorizing counties and municipalities
6 to enforce school speed zones through the use of speed
7 detection systems; providing a rebuttable presumption;
8 authorizing counties and municipalities to install, or
9 contract with a vendor to install, speed detection
10 systems; amending s. 316.0776, F.S.; authorizing speed
11 detection systems to be installed on state roads when
12 permitted by the Department of Transportation;
13 authorizing speed detection systems to be installed on
14 a street or highway under the jurisdiction of a county
15 or municipality in accordance with specified
16 requirements; requiring counties and municipalities
17 that install speed detection systems to notify the
18 public that such systems may be in use and of
19 enforcement of violations; providing requirements for
20 signage used to notify the public; requiring counties
21 and municipalities that have never conducted a speed
22 detection system program to make a public announcement
23 and conduct a public awareness campaign before
24 commencing enforcement using such system; providing
25 penalties in effect during the public awareness
26 campaign; creating s. 316.1896, F.S.; authorizing
27 counties and municipalities to authorize traffic
28 infraction enforcement officers to issue certain
29 traffic citations; providing construction; providing
30 notification requirements and procedures; authorizing
31 persons who receive notices of violation to request a
32 hearing within a specified timeframe; defining the
33 term “person”; providing for waiver of challenge or
34 dispute as to the delivery of the notice of violation;
35 requiring counties and municipalities to pay certain
36 funds to the Department of Revenue; providing for the
37 distribution of funds; requiring that a traffic
38 citation be issued under specified circumstances;
39 providing for waiver of challenge or dispute as to the
40 delivery of the traffic citation; providing
41 notification requirements and procedures for the
42 issuance of a traffic citation; specifying that the
43 owner of a motor vehicle is responsible and liable for
44 paying a traffic citation; providing exceptions;
45 requiring an owner of a motor vehicle to furnish an
46 affidavit under certain circumstances; specifying
47 requirements for such affidavits; providing criminal
48 penalties; providing that photographic or electronic
49 images, streaming video, and measurement of the
50 vehicle’s speed measured by a speed detection system
51 are evidence of a violation of a specified provision
52 of law and are admissible in certain proceedings;
53 providing a rebuttable presumption; providing
54 requirements and procedures for hearings; amending s.
55 316.1906, F.S.; revising the definition of the term
56 “officer”; authorizing traffic infraction enforcement
57 officers to satisfy a certain requirement by reviewing
58 the video of an alleged infraction; providing
59 construction; providing requirements for speed
60 detection systems; requiring a law enforcement agency
61 and its agents that operate a speed detection system
62 to maintain a log of results of the system’s self
63 tests; requiring a law enforcement agency and its
64 agents to perform independent calibration tests of
65 such systems; providing that self-test logs and
66 calibration tests are admissible in court proceedings
67 relating to certain violations; amending ss. 316.306,
68 316.640, 316.650, 318.14, and 655.960, F.S.;
69 conforming cross-references and provisions to changes
70 made by the act; providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Present subsections (79) through (105) of
75 section 316.003, Florida Statutes, are redesignated as
76 subsections (80) through (106), respectively, a new subsection
77 (79) is added to that section, and subsection (62) of that
78 section is amended, to read:
79 316.003 Definitions.—The following words and phrases, when
80 used in this chapter, shall have the meanings respectively
81 ascribed to them in this section, except where the context
82 otherwise requires:
83 (62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
84 in paragraph (85)(b) (84)(b), any privately owned way or place
85 used for vehicular travel by the owner and those having express
86 or implied permission from the owner, but not by other persons.
87 (79) SPEED DETECTION SYSTEM.—An automated system used to
88 record a vehicle’s speed using radar and to capture a photograph
89 or video of a vehicle that exceeds the speed limit in force at
90 the time of violation.
91 Section 2. Subsection (9) is added to section 316.008,
92 Florida Statutes, to read:
93 316.008 Powers of local authorities.—
94 (9)(a) A county or municipality may enforce school speed
95 zones, as provided in s. 316.1895, through the use of a speed
96 detection system for the measurement of speed and recording of
97 photographs or videos for violations that are in excess of 10
98 miles per hour over the speed limit in force at the time of the
99 violation. A school zone that is in compliance with s. 316.1895
100 creates a rebuttable presumption that the school zone is being
101 properly maintained.
102 (b) A county or municipality may install, or contract with
103 a vendor to install, a speed detection system within 1,000 feet
104 of a school zone to enforce speed limits in school speed zones,
105 as provided by s. 316.1895.
106 Section 3. Section 316.0776, Florida Statutes, is amended
107 to read:
108 316.0776 Traffic infraction detectors; speed detection
109 systems; placement and installation.—
110 (1) Traffic infraction detectors are allowed on state roads
111 when permitted by the Department of Transportation and under
112 placement and installation specifications developed by the
113 Department of Transportation. Traffic infraction detectors are
114 allowed on streets and highways under the jurisdiction of
115 counties or municipalities in accordance with placement and
116 installation specifications developed by the Department of
117 Transportation.
118 (2)(a) If the department, county, or municipality installs
119 a traffic infraction detector at an intersection, the
120 department, county, or municipality shall notify the public that
121 a traffic infraction device may be in use at that intersection
122 and must specifically include notification of camera enforcement
123 of violations concerning right turns. Such signage used to
124 notify the public must meet the specifications for uniform
125 signals and devices adopted by the Department of Transportation
126 pursuant to s. 316.0745.
127 (b) If the department, county, or municipality begins a
128 traffic infraction detector program in a county or municipality
129 that has never conducted such a program, the respective
130 department, county, or municipality shall also make a public
131 announcement and conduct a public awareness campaign of the
132 proposed use of traffic infraction detectors at least 30 days
133 before commencing the enforcement program.
134 (3) A speed detection system may be installed on a state
135 road when permitted by the Department of Transportation and in
136 accordance with placement and installation specifications
137 developed by the Department of Transportation. A speed detection
138 system may be installed on a street or highway under the
139 jurisdiction of a county or a municipality in accordance with
140 placement and installation specifications developed by the
141 Department of Transportation.
142 (a) If a county or municipality installs a speed detection
143 system, the county or municipality must notify the public that a
144 speed detection system may be in use and must specifically
145 include notification of camera or video enforcement of
146 violations. Such signage used to notify the public must meet the
147 specifications for uniform signals and devices adopted by the
148 Department of Transportation pursuant to s. 316.0745.
149 (b) If a county or municipality begins a speed detection
150 system program in a county or municipality that has never
151 conducted such a program, the respective county or municipality
152 shall make a public announcement and conduct a public awareness
153 campaign on the proposed use of speed detection systems at least
154 30 days before commencing enforcement under the speed detection
155 system program and notify the public of the specific date on
156 which the program will commence. During the 30-day public
157 awareness campaign about the speed detection system program, a
158 motor vehicle operator found to have violated s. 316.183 by a
159 speed detection system shall be issued a warning for the
160 violation and may not be liable for the civil penalty imposed
161 under s. 318.18.
162 Section 4. Section 316.1896, Florida Statutes, is created
163 to read:
164 316.1896 School speed zones; speed detection system
165 enforcement; penalties; appeal procedure.—
166 (1) For purposes of administering this section, a county or
167 municipality may authorize a traffic infraction enforcement
168 officer under s. 316.640 to issue a traffic citation for a
169 violation of s. 316.183, as evidenced by a speed detection
170 system, which is in excess of 10 miles per hour over the speed
171 limit in force at the time of the violation. This subsection
172 does not prohibit a review of information from a speed detection
173 system by an authorized employee or agent of a county or
174 municipality before issuance of the traffic citation by the
175 traffic infraction enforcement officer. This subsection does not
176 prohibit a county or municipality from issuing notifications as
177 provided in subsection (2) to the registered owner of the motor
178 vehicle in violation of s. 316.183.
179 (2) Within 30 days after a violation, notification must be
180 sent to the registered owner of the motor vehicle involved in
181 the violation specifying the remedies available under s. 318.14
182 and that the violator must pay the penalty under s. 318.18 to
183 the county or municipality, or furnish an affidavit in
184 accordance with subsection (8), within 30 days following the
185 date of the notification of violation in order to avoid court
186 fees, costs, and the issuance of a traffic citation. The
187 notification of violation must:
188 (a) Be sent by first-class mail;
189 (b) Include a notice that the owner has the right to review
190 the photographic or electronic images, the streaming video
191 evidence, or evidence of the speed of the vehicle measured by a
192 radar speed-measuring device which constitutes a rebuttable
193 presumption against the owner of the vehicle; and
194 (c) State the time and place or website where the evidence
195 may be examined and observed.
196 (3) Notwithstanding any other law, a person who receives a
197 notice of violation under this section may request a hearing
198 within 30 days following the notification of violation or pay
199 the penalty pursuant to the notice of violation, but a payment
200 or fee may not be required before the hearing requested by the
201 person. The notice of violation must be accompanied by, or
202 direct the person to a website that provides, information on the
203 person’s right to request a hearing and on all court costs
204 related thereto and a form used for requesting a hearing. As
205 used in this subsection, the term “person” includes a natural
206 person, the registered owner or co-owner of a motor vehicle, or
207 the person identified on an affidavit as having care, custody,
208 or control of the motor vehicle at the time of the violation.
209 (4) If the registered owner or co-owner of the motor
210 vehicle; the person designated as having care, custody, or
211 control of the motor vehicle at the time of the violation; or an
212 authorized representative of the owner, co-owner, or designated
213 person initiates a proceeding to challenge the violation, such
214 person waives any challenge or dispute as to the delivery of the
215 notice of violation.
216 (5) Penalties assessed and collected by the county or
217 municipality authorized to collect the funds provided for in
218 this section, less the amount retained by the county,
219 municipality, or other local government entity pursuant to
220 paragraph (b), shall be paid to the Department of Revenue
221 weekly. Payment by the county or municipality to the state must
222 be made by means of electronic funds transfer. In addition to
223 the payment, a detailed summary of the penalties remitted shall
224 be reported to the Department of Revenue. Penalties to be
225 assessed and collected by the county or municipality as
226 established in s. 318.18(3)(b) and (c) shall be remitted as
227 follows:
228 (a) Forty-five percent of the fine shall be remitted to the
229 Department of Revenue for deposit into the General Revenue Fund.
230 (b) Forty-five percent shall be retained by the county or
231 municipality and shall be used to administer speed detection
232 systems in school zones or other public safety initiatives.
233 (c) Three percent shall be remitted to the Department of
234 Revenue for deposit into the Department of Law Enforcement
235 Criminal Justice Standards and Training Fund.
236 (d) Four percent shall be remitted to the public school
237 district in which the violation occurred, to be used for school
238 security initiatives or teacher salaries. Funds remitted under
239 this paragraph shall be shared with charter schools in the
240 district, based on each charter school’s proportionate share of
241 the district’s total unweighted full-time equivalent student
242 enrollment, and used for school security initiatives or teacher
243 salaries.
244 (e) Three percent shall be remitted to the Department of
245 Revenue for deposit into the General Revenue Fund for the
246 benefit of the Coach Aaron Feis Guardian Program.
247 (6) A traffic citation shall be issued by mailing the
248 traffic citation by certified mail to the address of the
249 registered owner of the motor vehicle involved in the violation
250 if payment has not been made within 30 days after notification
251 under subsection (2), if the registered owner has not requested
252 a hearing as authorized under subsection (3), or if the
253 registered owner has not submitted an affidavit under subsection
254 (8).
255 (a) Delivery of the traffic citation constitutes
256 notification under this subsection. If the registered owner or
257 co-owner of the motor vehicle; the person designated as having
258 care, custody, or control of the motor vehicle at the time of
259 the violation; or a duly authorized representative of the owner,
260 co-owner, or designated person initiates a proceeding to
261 challenge the citation pursuant to this section, such person
262 waives any challenge or dispute as to the delivery of the
263 traffic citation.
264 (b) In the case of joint ownership of a motor vehicle, the
265 traffic citation shall be mailed to the first name appearing on
266 the registration, unless the first name appearing on the
267 registration is a business organization, in which case the
268 second name appearing on the registration may be used.
269 (c) Included with the notification to the registered owner
270 of the motor vehicle involved in the infraction shall be a
271 notice that the owner has a right to review, in person or
272 remotely, the photographic or electronic images, the streaming
273 video evidence, or evidence of the speed of the vehicle as
274 measured by a radar speed-measuring device which constitutes a
275 rebuttable presumption against the owner of the vehicle. The
276 notice must state the time and place or website where the
277 evidence may be examined and observed.
278 (7) The owner of the motor vehicle involved in the
279 violation is responsible and liable for paying the uniform
280 traffic citation issued for a violation of s. 316.18