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HomeMy WebLinkAboutBack-Up from Law DeptFlorida Senate - 2017 SB 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 By Senator Artiles 40-00211A-17 2017178 A bill to be entitled An act relating to traffic infraction detectors; repealing s. 316.003(35) and (87), F.S., relating to the definitions of "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 when a driver fails to stop at a traffic signal, provisions that authorize the Department of Highway Safety and Motor Vehicles, a county, or a municipality to use such detectors, and the distribution of penalties collected for specified violations; repealing s. 316.07456, F.S., relating to transitional implementation of such detectors; repealing s. 316.0776, F.S., relating to placement and installation of traffic infraction detectors; repealing s. 318.15(3), F.S., relating to a required notification; repealing s. 321.50, F.S., relating to the authorization to use traffic infraction detectors; amending ss. 28.37, 316.003, 316.545, 316.613, 316.640, 316.650, 318.121, 318.14, 318.18, 320.03, 322.27, and 655.960, F.S., relating to distribution of proceeds, definitions, unlawful weight and loads, child restraint requirements, enforcement by traffic infraction enforcement officers using such detectors, procedures for disposition of citations, preemption of additional fees or surcharges, a procedural exception for certain traffic infractions, amount of penalties, registration and renewal of license plates, points assessed for certain violations, and the definition of the term "access area," to conform provisions to Page 1 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 40-00211A-17 2017178 changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (35) and (87) of section 316.003, Florida Statutes, are repealed. Section Statutes, is Section Section repealed. Section repealed. Section Section Statutes, is Section Section Statutes, is 2. Subsection (8) of repealed. 3. Section 316.0083, 4. Section 316.00831, 5. Section 316.07456, 6. Section 316.0776, 7. Subsection (3) of repealed. 8. Section 321.50, Florida Statutes, is repealed. 9. Subsection (5) of section 28.37, Florida amended to read: section 316.008, Florida Florida Statutes, is repealed. Florida Statutes, is Florida Statutes, is Florida Statutes, is repealed. section 318.15, Florida 28.37 Fines, fees, service charges, and costs remitted to the state.— (5) Ten percent of all court -related fines collected by the clerk, except for penalties or fines distributed to counties or municipalities under s. 316.0083(1)(b)3. r s. 318.18(15)(a), shall be deposited into the clerk's Public Records Modernization Trust Fund to be used exclusively for additional clerk court - related operational needs and program enhancements. Section 10. Subsection (55) of section 316.003, Florida Statutes, is amended to read: Page 2 of 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2017 SB 178 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 40-00211A-17 2017178 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: (54)(55) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise provided in paragraph (76)(b) (77)(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. Section 11. Paragraph (b) of subsection (2) of section 316.545, Florida Statutes, is amended to read: 316.545 Weight and load unlawful; special fuel and motor fuel tax enforcement; inspection; penalty; review.— (2) (b) The officer or inspector shall inspect the license plate or registration certificate of the commercial vehicle to determine whether its gross weight is in compliance with the declared gross vehicle weight. If its gross weight exceeds the declared weight, the penalty shall be 5 cents per pound on the difference between such weights. In those cases when the commercial vehicle is being operated over the highways of the state with an expired registration or with no registration from this or any other jurisdiction or is not registered under the applicable provisions of chapter 320, the penalty herein shall apply on the basis of 5 cents per pound on that scaled weight which exceeds 35,000 pounds on laden truck tractor -semitrailer combinations or tandem trailer truck combinations, 10,000 pounds on laden straight trucks or straight truck -trailer combinations, or 10,000 pounds on any unladen commercial motor vehicle. A Page 3 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 40-00211A-17 2017178 driver of a commercial motor vehicle entering the state at a designated port -of -entry location, as defined in s. 316.003(54), or operating on designated routes to a port -of -entry location, who obtains a temporary registration permit shall be assessed a penalty limited to the difference between its gross weight and the declared gross vehicle weight at 5 cents per pound. If the license plate or registration has not been expired for more than 90 days, the penalty imposed under this paragraph may not exceed $1,000. In the case of special mobile equipment, which qualifies for the license tax provided for in s. 320.08(5)(b), being operated on the highways of the state with an expired registration or otherwise not properly registered under the applicable provisions of chapter 320, a penalty of $75 shall apply in addition to any other penalty which may apply in accordance with this chapter. A vehicle found in violation of this section may be detained until the owner or operator produces evidence that the vehicle has been properly registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility of the owner. A person who has been assessed a penalty pursuant to this paragraph for failure to have a valid vehicle registration certificate pursuant to the provisions of chapter 320 is not subject to the delinquent fee authorized in s. 320.07 if such person obtains a valid registration certificate within 10 working days after such penalty was assessed. Section 12. Paragraph (a) of subsection (2) of section 316.613, Florida Statutes, is amended to read: 316.613 Child restraint requirements.— (2) As used in this section, the term "motor vehicle" means Page 4 of 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2017 SB 178 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 40-00211A-17 2017178 a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include: (a) A school bus as defined in s. 316.003(68). Section 13. 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. F r thc purp sc f cnf rcing s. 316.0083, thc dcpartmcnt may designatc cmpl yccs as traffic infracti n cnf rccmcnt fficcrs. A traffic infracti n cnf rccmcnt fficcr must Page 5 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 40-00211A-17 2017178 successfully c mplctc instructi n in traffic cnf rccmcnt pr ccdures and c urt prescntati n thr ugh thc Scicctivc Traffic Enf rccmcnt Pr gram as appr vcd by thc Divisi n f Criminal Justicc Standards and Training f thc Dcpartmcnt f Law Enf rccmcnt, r thr ugh a similar pr gram, but may n t necessarily thcrwisc mcct thc unif rm minimum standards cstablishcd by thc Criminal Justicc Standards and Training C mmissi n f r law cnf rccmcnt fficcrs r auxiliary law cnf rccmcnt fficcrs undcr s. 943.13. This subparagraph d cs n t auth rizc thc carrying f fircarms r thcr wcap ns by a traffic infracti n cnf rccmcnt fficcr and d cs n t auth rizc a traffic infracti n cnf rccmcnt fficcr t makc arrests. The dcpartmcnt's traffic infracti n cnf rccmcnt fficcrs must be physically 1 catcd in thc statc. (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 Page 6 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 40-00211A-17 2017178 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 additi n, any such traffic infracti n cnf rccmcnt fficcr may issuc a traffic citati n undcr s. 316.0083. F r purp scs f cnf rcing s. 316.0083, any sheriff's dcpartmcnt r p licc dcpartmcnt f a municipality may dcsignatc cmpl yccs as traffic infracti n cnf rccmcnt fficcrs. The traffic infraction enforcement officers must be physically located in the county of the respective sheriff's or police department. Section 14. 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 r 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 citati n is issued undcr s. 316.0083, thc traffic infracti n cnf rccmcnt fficcr shall pr vidc by cicctr nic transmissi n a rcplica f thc traffic citati n data t thc c urt having jurisdicti n vcr thc allcgcd ffcnsc r its Page 7 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 40-00211A-17 2017178 traffic vi lati ns bureau within 5 days aftcr thc date f issuance f thc traffic citati n t thc vi lat r. If a hcaring is requested, thc traffic infracti n cnf rccmcnt fficcr shall pr vidc a rcplica f thc traffic n ticc f vi lati n data t thc clerk f r thc 1 cal hcaring fficcr having jurisdicti n vcr thc allcgcd ffcnsc within 14 days. Section 15. 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 16. 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 Page 8 of 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2017 SB 178 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 40-00211A-17 2017178 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 17. 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 whcn cnf rccd by a law cnf rccmcnt fficcr. 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 of Health. 2. nc hundrcd and fifty cight d liars f r a vi lati n f s. 316.074(1) r s. 316.075(1) (c)1. whcn a drivcr has failcd t st p at a traffic signal and whcn cnf rccd by thc dcpartmcnt's traffic infracti n cnf rccmcnt fficcr. Onc hundrcd d liars shall bc rcmittcd t thc Dcpartmcnt f Rcvcnuc f r dcp sit int thc Ccncral Rcvcnuc Fund, $45 shall bc distributed t thc c unty f r any vi lati ns ccurring in any uninc rp ratcd arcas f thc c unty r t thc municipality f r any vi lati ns ccurring in thc inc rp ratcd b undarics f thc municipality in which thc infracti n ccurrcd, $10 shall bc rcmittcd t thc Dcpartmcnt f Rcvcnuc f r dcp sit int thc Dcpartmcnt f Health Emcrgcncy Page 9 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 40-00211A-17 2017178 Mcdical Scrviccs Trust Fund f r distributi n as pr vidcd in s. 395.4036(1), and $3 shall bc rcmittcd t thc Dcpartmcnt f Rcvcnuc f r dcp sit int thc Brain and Spinal C rd Injury Trust Fund. 3. Onc hundred and fifty cight d llars f r a vi lati n f s. 316.074(1) r s. 316.075(1) (c)1. whcn a drivcr has failcd t st p at a traffic signal and whcn cnf rccd by a c unty's r municipality's traffic infracti n cnf rccmcnt fficcr. Scvcnty fivc d llars shall bc distributed t thc c unty r municipality issuing thc traffic citati n, $70 shall bc rcmittcd t thc Dcpartmcnt f Rcvcnuc f r dcp sit int thc General Rcvcnuc Fund, $10 shall bc rcmittcd t thc Dcpartmcnt f Rcvcnuc f r dcp sit int thc Dcpartmcnt f Health Emcrgcncy Mcdical Scrviccs Trust Fund f r distributi n as pr vidcd in s. 395.4036(1), and $3 shall bc rcmittcd t thc Dcpartmcnt f Rcvcnuc f r dcp sit int thc Brain and Spinal C rd Injury Trust Fund. -Oa)- Amounts deposited into the Brain and Spinal Cord Injury Trust Fund pursuant to this subsection shall be distributed quarterly to the Miami Project to Cure Paralysis and shall be used for brain and spinal cord research. (c) If a pers n wh is mailcd a n ticc f vi lati n r citcd f r a vi lati n f s. 316.074(1) r s. 316.075(1) (c)1., as cnf rccd by a traffic infracti n cnf rccmcnt fficcr undcr s. 316.0083, prescnts d cumcntati n fr m thc appr priatc g vcrnmcntal cntity that thc n ticc f vi lati n r traffic citati n was in crr r, thc cicrk f c urt r cicrk t thc 1 cal hcaring fficcr may dismiss thc casc. The cicrk f c urt r cicrk t thc 1 cal hcaring fficcr may n t chargc f r this • Page 10 of 14 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2017 SB 178 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 40-00211A-17 2017178 (d) An individual may n t rcccivc a c mmissi n r per tickct fcc fr m any revenue c llcctcd fr m vi lati ns dctcctcd thr ugh thc use f a traffic infracti n dctcct r. A manufacturcr r vend r may n t rcccivc a fcc r rcmuncrati n based up n thc number f vi lati ns dctcctcd thr ugh thc use f a traffic infracti n dctcct r. (c) Funds deposited into the Department of Health Emergency Medical Services Trust Fund under this subsection shall be distributed as provided in s. 395.4036(1). (22) In additi n t thc penalty prescribed undcr s. 316.0083 f r vi lati ns cnf rccd undcr s. 316.0083 which arc upheld, thc 1 cal hcaring fficcr may als rdcr thc payment f c unty r municipal c stc, n t t exceed $250. Section 18. Subsection (8) of section 320.03, Florida Statutes, is amended to read: 320.03 Registration; duties of tax collectors; International Registration Plan.— (8) If the applicant's name appears on the list referred to in s. 316.1001(4), s. 316.1967(6), G. 318.15(3), or s. 713.78(13), a license plate or revalidation sticker may not be issued until that person's name no longer appears on the list or until the person presents a receipt from the governmental entity or the clerk of court that provided the data showing that the fines outstanding have been paid. This subsection does not apply to the owner of a leased vehicle if the vehicle is registered in the name of the lessee of the vehicle. The tax collector and the clerk of the court are each entitled to receive monthly, as costs for implementing and administering this subsection, 10 percent of the civil penalties and fines recovered from such Page 11 of 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2017 SB 178 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 40-00211A-17 2017178 persons. As used in this subsection, the term "civil penalties and fines" does not include a wrecker operator's lien as described in s. 713.78(13). If the tax collector has private tag agents, such tag agents are entitled to receive a pro rata share of the amount paid to the tax collector, based upon the percentage of license plates and revalidation stickers issued by the tag agent compared to the total issued within the county. The authority of any private agent to issue license plates shall be revoked, after notice and a hearing as provided in chapter 120, if he or she issues any license plate or revalidation sticker contrary to the provisions of this subsection. This section applies only to the annual renewal in the owner's birth month of a motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold by a motor vehicle dealer licensed under this chapter, except for the transfer of registrations which includes the annual renewals. This section does not affect the issuance of the title to a motor vehicle, notwithstanding s. 319.23(8)(b). Section 19. Paragraph (d) of subsection (3) of section 322.27, Florida Statutes, is amended to read: 322.27 Authority of department to suspend or revoke driver license or identification card.— (3) There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other Page 12 of 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2017 SB 178 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 40-00211A-17 2017178 good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year. (d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations: 1. Reckless driving, willful and wanton-4 points. 2. Leaving the scene of a crash resulting in property damage of more than $50-6 points. 3. Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash-6 points. 4. Passing a stopped school bus-4 points. 5. Unlawful speed: a. Not in excess of 15 miles per hour of lawful or posted speed-3 points. b. In excess of 15 miles per hour of lawful or posted speed-4 points. 6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. PI wcvcr, n p ints .:hall bc imp scd f r a vi lati n f s. 316.074(1) r s. 316.075(1)(c)1. whcn a driver has failed t st p at a traffic signal and whcn cnf rccd by a traffic infracti n cnf rccmcnt fficcr. In additi n, a vi lati n f s. 316.074(1) r s. 316.075(1)(c)1. whcn a driver has failed t st p at a traffic signal and whcn cnf rccd by a traffic infracti n cnf rccmcnt fficcr may n t bc used f r purp scs f setting m t r vehicle insurance rates. Page 13 of 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2017 SB 178 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 40-00211A-17 2017178 7. All other moving violations (including parking on a highway outside the limits of a municipality)-3 points. However, no points shall be imposed for a violation of s. 316.0741 or s. 316.2065(11); and points shall be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14 (5) . 8. Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash-4 points. 9. Any conviction under s. 403.413(6)(b)-3 points. 10. Any conviction under s. 316.0775(2)-4 points. 11. A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone-2 points, in addition to the points assigned for the moving violation. Section 20. Subsection (1) of section 655.960, Florida Statutes, is amended to read: 655.960 Definitions; ss. 655.960-655.965.—As used in this section and ss. 655.961-655.965, unless the context otherwise requires: (1) "Access area" means any paved walkway or sidewalk which is within 50 feet of any automated teller machine. The term does not include any street or highway open to the use of the public, as defined in s. 316. 003 (76) (77) (a) or (b) , including any adjacent sidewalk, as defined in s. 316.003. Section 21. This act shall take effect July 1, 2020. Page 14 of 14 CODING: Words stricken are deletions; words underlined are additions.