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HomeMy WebLinkAboutFlorida House of Representatives FR/SRFLORIDA HOUSE OF REPRESENTATIVES 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 III IIIII11111111III ENROLLED CS/CS/HB 7125, I Engrossed 2 2013Legislature hearings related to a notice of violation issued pursuant to 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. Section 5. Subsection (1) of section 316.0083, Florida Statutes, is amended, and subsection (5) is added to that section, to read: 316.0083 Mark Wandall Traffic Safety Program; administration; report.— (1)(a) For purposes of administering this section, 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 s. 316.074(1) or s. 316.075(1)(c)1. A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible. A notice of violation and a traffic citation may not be issued under this section if the driver of the vehicle came to a complete stop after crossing the stop line and before turning right if permissible at a red light, but failed to stop before crossing over the stop line or other point at which a stop is required. This paragraph does not prohibit a review of information from a traffic infraction detector by an authorized employee or agent of the department, a county, or a' municipality before issuance of the traffic citation by the traffic infraction enforcement Page 19 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 III II III IIII 1111 II II II ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature officer. This paragraph does not prohibit the department, a county, or a municipality from issuing notification as provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. (b)l.a. 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 of $158 to the department, county, or municipality, or furnish an affidavit in accordance with paragraph (d), or request a hearing within 60 30 days following the date of the notification in order to avoid court fccs, costs, and the issuance of a traffic citation. The notification must shall be sent by first-class mail. The mailing of the notice of violation constitutes notification. b. Included with the notification to the registered owner of the motor vehicle involved in the infraction 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 vehicle. The notice must state the time and place or Internet location where the evidence may be examined and observed. c. Notwithstanding any other provision of law, a person who receives a notice of violation under this section 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 Page 20 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 III II III 1111 1111 II II III ENROLLED CS/CS/HB7125, Engrossed 2 2013Legislature accompanied by, or direct the person to a website that provides, information on the person's right to request a hearing and on all court costs As used in this natural person, related thereto and a form to request a hearing. sub -subparagraph, the term "person" includes a registered owner or coowner 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. If the registered owner or coowner 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, coowner, 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. Penalties assessed and collected by the department, county, or municipality authorized to collect the funds provided for in this paragraph, less the amount retained by the county or municipality pursuant to subparagraph 3., shall be paid to the Department of Revenue weekly. Payment by the department, county, or municipality to the state shall be made by means of electronic funds transfers. In addition to the payment, summary detail of the penalties remitted shall be reported to the Department of Revenue. 3. Penalties to be assessed and collected by the department, county, or municipality are as follows: a. One hundred fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver #a-& failed to stop at a traffic signal if enforcement is by the department's Page 21 of 226 CODING: Words etricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES III II III 1111 1111 II III II ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature 589 traffic infraction enforcement officer. One hundred dollars 590 shall be remitted to the Department of Revenue for deposit into 591 the General Revenue Fund, $10 shall be remitted to the 592 Department of Revenue for deposit into the Department of Health 593 Emergency Medical Services Trust Fund, $3 shall be remitted to 594 the Department of Revenue for deposit into the Brain and Spinal 595 Cord Injury Trust Fund, and $45 shall be distributed to the 596 municipality in which the violation occurred, or, if the 597 violation occurred in an unincorporated area, to the county in 598 which the violation occurred. Funds deposited into the 599 Department of Health Emergency Medical Services Trust Fund under 600 this sub -subparagraph shall be distributed as provided in s. 601 395.4036(1). Proceeds of the infractions in the Brain and Spinal 602 Cord Injury Trust Fund shall be distributed quarterly to the 603 Miami Project to Cure Paralysis and shall be used for brain and 604 spinal cord research. 605 b. One hundred fifty-eight dollars for a violation of s. 606 316.074(1) or s. 316.075 (1) (c) 1. when a driver ha-s- failed to 607 stop at a traffic signal if enforcement is by a county or 608 municipal traffic infraction enforcement officer. Seventy 609 dollars shall be remitted by the county or municipality to the 610 Department of Revenue for deposit into the General Revenue Fund, 611 $10 shall be remitted to the Department of Revenue for deposit 612 into the Department of Health Emergency Medical Services Trust 613 Fund, $3 shall be remitted to the Department of Revenue for 614 deposit into the Brain and Spinal Cord Injury Trust Fund, and 615 $75 shall be retained by the county or municipality enforcing 616 the ordinance enacted pursuant to this section. Funds deposited Page 22 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 III 10 1111 1111 II II III ENROLLED CS/CS/HB7125, Engrossed 2 2013 Legislature into the Department of Health Emergency Medical Services Trust Fund under this sub -subparagraph shall be distributed as provided in s. 395.4036(1). Proceeds of the infractions in the Brain and Spinal Cord Injury Trust Fund shall be distributed quarterly to the Miami Project to Cure Paralysis and shall be used for brain and spinal cord research. 4. An individual may not receive a commission from any revenue collected from violations detected through the use of a traffic infraction detector. A manufacturer or vendor may not receive a fee or remuneration based upon the number of violations detected through the use of a traffic infraction detector. (c)1.a. 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 whcn payment has not been made within 60 30 days after notification under paragraph (b), if the registered owner has not requested a hearing as authorized under paragraph (b), or if the registered owner has not submitted an affidavit under this section subparagraph (b)1. b. Delivery ofthe traffic citation constitutes notification under this paragraph. If the registered owner or coowner 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, coowner, 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 Page 23 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES III II III III 1111 II II ENROLLED CS/CS/HB7125, Engrossed 2 2013 Legislature 645 traffic citation. 646 c. In the case of joint ownership of a motor vehicle, the 647 traffic citation shall be mailed to the first name appearing on 648 the registration, unless the first name appearing on the 649 registration is a business organization, in which case the 650 second name appearing on the registration may be used. 651 d. The traffic citation shall be mailed to thc registered 652 wrier of thc mot r vehicle inv lvcd in the vi lation no later 653 than 60 days after thc date of thc violation. 654 2. Included with the notification to the registered owner 655 of the motor vehicle involved in the infraction shall be a 656 notice that the owner has the right to review, either in person 657 or remotely, the photographic or electronic images or the 658 streaming video evidence that constitutes a rebuttable 659 presumption against the owner of the vehicle. The notice must 660 state the time and place or Internet location where the evidence 661 may be examined and observed. 662 (d)1. The owner of the motor vehicle involved in the 663 violation is responsible and liable for paying the uniform 664 traffic citation issued for a violation of s. 316.074(1) or s. 665 316.075(1)(c)1. when the driver failed to stop at a traffic 666 signal, unless the owner can establish that: 667 a. The motor vehicle passed through the intersection in 668 order to yield right-of-way to an emergency vehicle or as part 669 of a funeral procession; 670 b. The motor vehicle passed through the intersection at 671 the direction of a law enforcement officer; 672 c. The motor vehicle was, at the time of the violation, in Page 24 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 III 111II 11111111 II III ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature the care, custody, or control of another person; d. A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or e. The motor vehicle'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 owner's estate or other designated person or family member. 2. 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. 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 vehicle was stolen at the time of the alleged offense, the affidavit must include the police report indicating that the vehicle was stolen. b. If a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. 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. If the motor vehicle's owner to whom a traffic citation has been issued is deceased, the affidavit must include a Page 25 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 III II III 1111 1111 II II II ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature certified copy of the owner'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) 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. (II) Documentary proof that the registered license plate belonging to the deceased owner'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) A copy of a police report showing that the deceased owner's registered license plate or motor vehicle was stolen after the owner'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 that submitted the affidavit. 3. Upon receipt of an affidavit, the person designated as having care, custody, or and control of the motor vehicle at the time of the violation may be issued a notice of violation pursuant to paragraph (b) traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal. 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, Page 26 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 III III IIII 1111 it II III ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature custody, or control of the motor vehicle. The owner of a leased vehicle for which a traffic citation is issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal 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. Paragraphs (b) and (c) apply to the person identified on the affidavit, except that the notification under sub - subparagraph (b)1.a. must be sent to the person identified on the affidavit within 30 days after receipt of an affidavit. 5. The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (e) The photographic or electronic images or streaming video attached to or referenced in the traffic citation is evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal 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 s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal. (5) Procedures for a hearing under this section are as follows: (a) The department shall publish and make available Page 27 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES III II III II IIII II II ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature 757 electronically to each county and municipality a model Request 758 for Hearing form to assist each local government administering 759 this section. 760 (b) The charter county, noncharter county, or municipality 761 electing to authorize traffic infraction enforcement officers to 762 issue traffic citations under s. 316.0083(1)(a) shall designate 763 by resolution existing staff to serve as the clerk to the local 764 hearing officer. 765 (c) Any person, herein referred to as the "petitioner," 766 who elects to request a hearing under paragraph (1)(b) shall be 767 scheduled for a hearing by the clerk to the local hearing 768 officer to appear before a local hearing officer with notice to 769 be sent by first-class mail. Upon receipt of the notice, the 770 petitioner may reschedule the hearing once by submitting a 771 written request to reschedule to the clerk to the local hearing 772 officer, at least 5 calendar days before the day of the 773 originally scheduled hearing. The petitioner may cancel his or 774 her appearance before the local hearing officer by paying the 775 penalty assessed under paragraph (1)(b), plus $50 in 776 administrative costs, before the start of the hearing. 777 (d) All testimony at the hearing shall be under oath and 778 shall be recorded. The local hearing officer shall take 779 testimony from a traffic infraction enforcement officer and the 780 petitioner, and may take testimony from others. The local 781 hearing officer shall review the photographic or electronic 782 images or the streaming video made available under sub- 783 subparagraph(1)(b)l.b. Formal rules of evidence do not apply, 784 but due process shall be observed and govern the proceedings. Page 28 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er FLORIDA HOUSE OF REPRESENTATIVES 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 III II III 1111 IIII II II II ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature (e) At the conclusion of the hearing, the local hearing officer shall determine whether a violation under this section has occurred, in which case the 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 paragraph (1)(b), and may also require the petitioner to pay county or municipal costs, not to exceed $250. The final administrative order shall be mailed to the petitioner by first-class mail. (f) An aggrieved party may appeal a final administrative order consistent with the process provided under s. 162.11. Section 6. Paragraph (c) of subsection (3) of section 316.650, Florida Statutes, is amended to read: 316.650 Traffic citations.— (3) (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 7. Section 318.121, Florida Statutes, is amended to read: Page 29 of 226 CODING: Words stricken are deletions; words underlined are additions. hb7125-05-er