Florida 2022 Regular Session

Florida House Bill H0797 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 797 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0797-00
9	9	Page 1 of 10
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to photographic enforcement of school 2
16	16	zone speed limits; creating s. 316.1896, F.S.; 3
17	17	authorizing a county or municipality to contract with 4
18	18	an automated speed enforcement provider to install 5
19	19	cameras in school speed zones to enforce school zone 6
20	20	speed limits; providing criteria to be fulfilled 7
21	21	before and after such installation; providing civil 8
22	22	penalties for certain violations of a school zone 9
23	23	speed limit found through recording of photographic 10
24	24	images; providing for disposition and use of funds; 11
25	25	requiring issuance of a warning for a specified 12
26	26	period; providing requirements for notices of a 13
27	27	violation; requiring payment of certain penalties 14
28	28	within certain periods; providing construction; 15
29	29	providing for determination of liability; providing 16
30	30	for rebuttal; providing nonapplication of a violation 17
31	31	to driver license points assessment, conviction, 18
32	32	driving record, or provision of motor vehicle 19
33	33	insurance coverage; providing for court jurisdiction 20
34	34	and enforcement; providing final notice requirements 21
35	35	if a violation has not been contested and the civil 22
36	36	penalty has not been paid; requiring a referral to the 23
37	37	Department of Highway Safety and Motor Vehicles 24
38	38	resulting in prohibition of motor vehicle registration 25
39	39
40	40	HB 797 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0797-00
46	46	Page 2 of 10
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	renewal and transfer of title; providing referral 26
52	52	requirements; requiring the department to send notice 27
53	53	of the referral to the registered owner of the motor 28
54	54	vehicle; providing for removal of penalties under 29
55	55	certain circumstances; providing for collection of an 30
56	56	unpaid civil penalty imposed on the owner of a motor 31
57	57	vehicle registered outside this state; prohibiting 32
58	58	imposition of a warning or civil penalty on a motor 33
59	59	vehicle operator arrested or cited for the same 34
60	60	violation by a peace officer; providing an effective 35
61	61	date. 36
62	62	37
63	63	Be It Enacted by the Legislature of the State of Florida: 38
64	64	39
65	65	Section 1. Section 316.1896, Florida Statutes, is created 40
66	66	to read: 41
67	67	316.1896 School speed zones; photographic enforcement; 42
68	68	penalties.— 43
69	69	(1) The governing body of a county or municipality may 44
70	70	enter into a contract with an automated speed enforcement 45
71	71	provider to install one or more cameras in each school speed 46
72	72	zone located within the county or municipality for the purpose 47
73	73	of enforcing school zone speed limits, as provided in s. 48
74	74	316.1895(5), through the recording of photographic images. 49
75	75	(2) Before such a camera or cameras may be installed in a 50
76	76
77	77	HB 797 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0797-00
83	83	Page 3 of 10
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	school speed zone, the automated speed enforcement provider 51
89	89	shall: 52
90	90	(a) Conduct a speed st udy for at least 2 but not more than 53
91	91	5 days to determine the number of motor vehicles that pass 54
92	92	through the school speed zone and the number of motor vehicles 55
93	93	that exceed the speed limit posted within the school speed zone. 56
94	94	(b) Conduct a public informati on and education campaign 57
95	95	for at least 30 days to educate drivers about photographic 58
96	96	enforcement of school zone speed limits and the penalties for 59
97	97	violating this section. 60
98	98	(3) After such a camera or cameras are installed in a 61
99	99	school speed zone, the automa ted speed enforcement provider 62
100	100	shall: 63
101	101	(a) Conduct biannual speed enforcement studies within the 64
102	102	school speed zone and submit a written report of the results of 65
103	103	each study to the school and the school district. 66
104	104	(b) Annually calibrate all equipment used in photographic 67
105	105	enforcement of school zone speed limits and submit a written 68
106	106	report of such calibration to the entity having jurisdiction 69
107	107	over the roadway on which such equipment is located. 70
108	108	(c) For at least 30 days immediately preceding the start 71
109	109	of each school year, conduct a public information and education 72
110	110	campaign to educate drivers about photographic enforcement of 73
111	111	school zone speed limits and the penaltie s for violating this 74
112	112	section. 75
113	113
114	114	HB 797 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0797-00
120	120	Page 4 of 10
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	(4) The registered owner of a motor vehicle that is found 76
126	126	through the recording of photographic images to have been 77
127	127	involved in a violation of s. 316.1895(10) by exceeding the 78
128	128	posted speed limit by 10 mph or more in a manner not otherwise 79
129	129	authorized by law is subject to a civil penalty of $132 for a 80
130	130	first violation and $150 for a second or subsequent violation. 81
131	131	Of the civil penalties collected pursuant to this subsection, 50 82
132	132	percent shall be remitted to the governing body of the county or 83
133	133	municipality in which the violation occurred to be used for 84
134	134	public safety initiat ives, and 50 percent shall be remitted to 85
135	135	the school for which the camera or cameras are installed to be 86
136	136	used for school safety initiatives and administration of the 87
137	137	Coach Aaron Feis Guardian Program. 88
138	138	(5) Within the first 30 days after such a camera or 89
139	139	cameras are installed in a school speed zone, a motor vehicle 90
140	140	operator found to have violated s. 316.1895(10) as described in 91
141	141	subsection (4) shall be issued a warning for the violation and 92
142	142	shall not be liable for the civil penalty imposed pursuant to 93
143	143	subsection (4). 94
144	144	(6) Except as provided in subsection (5), within 30 days 95
145	145	after a violation of s. 316.1895(10) as described in subsection 96
146	146	(4), a law enforcement agency authorized to enforce the school 97
147	147	zone speed limit, or an agent authorized by such law enforcement 98
148	148	agency, shall send by first -class mail to the registered owner 99
149	149	of the motor vehicle involved in the violation a notice that 100
150	150
151	151	HB 797 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0797-00
157	157	Page 5 of 10
158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	includes: 101
163	163	(a) A photographic image recorded by a camera installed 102
164	164	pursuant to subsection (1) which shows the motor vehicle 103
165	165	involved in the violation. 104
166	166	(b) A citation for the violation, which shall include: 105
167	167	1. The date, time, and location of the violation. 106
168	168	2. The maximum speed at which such motor vehicle was 107
169	169	traveling at the time the photographic image was recorded. 108
170	170	3. The maximum speed authorized in the school speed zone 109
171	171	as provided in s. 316.1895(5). 110
172	172	4. The amount of the civil penalty imposed pursuant to 111
173	173	subsection (4) and the date by which such penalty must be paid, 112
174	174	which may not be more than 30 days after the notice is mailed. 113
175	175	(c) A copy of a certificate sworn to or affirmed by a 114
176	176	peace officer employed by a law enforcement agency authorized to 115
177	177	enforce the school zone speed limit and stating that, based upon 116
178	178	inspection of recorded photographic images, the owner's motor 117
179	179	vehicle was operated in violation of the school zone speed limit 118
180	180	in a manner not otherwise authorized by law. 119
181	181	(d) A statement of the inference provided by subsection 120
182	182	(8) and the means by which such inference may be rebutted. 121
183	183	(e) Information advising the owner of the manner in which 122
184	184	liability may be contested through an administrative hearing. 123
185	185	(f) A warning that failure to pay the civil penalty or 124
186	186	contest liability within 30 days after the n otice is mailed 125
187	187
188	188	HB 797 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0797-00
194	194	Page 6 of 10
195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	waives the right to contest liability. 126
200	200	(g) A website address where recorded photographic images 127
201	201	showing the motor vehicle involved in the violation and a 128
202	202	duplicate of the information provided pursuant to this 129
203	203	subsection may be viewed. 130
204	204	131
205	205	If the registered owner of the motor vehicle does not pay the 132
206	206	civil penalty or contest the citation within 30 days after the 133
207	207	initial notice is mailed, a second notice shall be mailed and 134
208	208	the civil penalty shall be increased by $25. If the registered 135
209	209	owner of the motor vehicle does not pay the civil penalty within 136
210	210	30 days after the second notice is mailed, a final notice shall 137
211	211	be mailed in accordance with subsection (11) and the civil 138
212	212	penalty shall be increased by $50. 139
213	213	(7) Proof that a motor vehicle was oper ated in violation 140
214	214	of the school zone speed limit shall be evidenced by recorded 141
215	215	photographic images. A copy of a certificate as provided in 142
216	216	paragraph (6)(c) shall be prima facie evidence of the facts 143
217	217	contained therein. 144
218	218	(8) Liability under this section sh all be determined based 145
219	219	upon a preponderance of the evidence. Prima facie evidence that 146
220	220	the motor vehicle described in the citation issued pursuant to 147
221	221	this section was operated in violation of the school zone speed 148
222	222	limit, together with proof that the defen dant was, at the time 149
223	223	of such violation, the registered owner of the motor vehicle, 150
224	224
225	225	HB 797 2022
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0797-00
231	231	Page 7 of 10
232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	shall permit the trier of fact, in its discretion, to infer that 151
237	237	such owner was operating the motor vehicle at the time of the 152
238	238	violation. Such inference may be rebutted if the owner: 153
239	239	(a) Presents to the court or the hearing officer a 154
240	240	certified copy of a police report showing that the motor vehicle 155
241	241	had been reported to a law enforcement agency as stolen before 156
242	242	the time of the violation; or 157
243	243	(b) Testifies under oath, or sub mits a sworn notarized 158
244	244	statement, to the court or the hearing officer that he or she 159
245	245	was not the operator of the motor vehicle at the time of the 160
246	246	alleged violation and provides in such testimony or statement 161
247	247	the name and address of the operator of the moto r vehicle at the 162
248	248	time of the violation, in which case the court or hearing 163
249	249	officer may reissue the citation to the operator named in the 164
250	250	testimony or statement. If the named operator of the motor 165
251	251	vehicle contests the citation, both the registered owner of the 166
252	252	motor vehicle and the named operator of the motor vehicle must 167
253	253	appear before the court or hearing officer to contest the 168
254	254	citation. 169
255	255	(9) A violation for which a warning or civil penalty is 170
256	256	imposed pursuant to this section is not considered a moving 171
257	257	violation for the purpose of assessing points under s. 172
258	258	322.27(3)(d). Such violation is deemed noncriminal, and 173
259	259	imposition of a warning or civil penalty pursuant to this 174
260	260	section is not a conviction, shall not be made a part of the 175
261	261
262	262	HB 797 2022
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0797-00
268	268	Page 8 of 10
269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	driving record of the person upon whom such warning or civil 176
274	274	penalty is imposed, and shall not be used for any purposes in 177
275	275	the provision of motor vehicle insurance coverage. 178
276	276	(10) A court or hearing officer who has jurisdiction over 179
277	277	violations of s. 316.1895(10) has jurisdiction over cases 180
278	278	arising under this section and may impose the civil penalty 181
279	279	provided in subsection (4). Except as otherwise provided in this 182
280	280	section, the provisions of law governing jurisdiction, 183
281	281	procedure, defenses, adjudication, appeal, and payment and 184
282	282	distribution of penalties otherwise applicable under s. 185
283	283	316.0083(5) apply to enforcement under this section. However, an 186
284	284	appeal to a circuit court shall be made in the manner provided 187
285	285	by law. 188
286	286	(11)(a) If a violation has not been contested and the 189
287	287	civil penalty has not been paid within 30 days after the second 190
288	288	notice required under subsection (6) is mailed, the law 191
289	289	enforcement agency or an agent authorized by the law enforcement 192
290	290	agency shall send by first -class mail to the registered owner of 193
291	291	the motor vehicle involv ed in the violation a final notice of 194
292	292	the unpaid civil penalty, except in cases in which there is an 195
293	293	adjudication that a violation did not occur or there is 196
294	294	otherwise a lawful determination that a civil penalty may not be 197
295	295	imposed. The final notice shall in form the owner that the law 198
296	296	enforcement agency or an agent authorized by the law enforcement 199
297	297	agency shall send a referral to the department if the civil 200
298	298
299	299	HB 797 2022
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0797-00
305	305	Page 9 of 10
306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	penalty is not paid within 30 days after the final notice is 201
311	311	mailed and that such referral shall result in the nonrenewal of 202
312	312	the registration of such motor vehicle and prohibit the title 203
313	313	transfer of such motor vehicle within this state. 204
314	314	(b) A referral sent to the department pursuant to 205
315	315	paragraph (a) shall include: 206
316	316	1. Any information known or available t o the law 207
317	317	enforcement agency or an officer employed by the law enforcement 208
318	318	agency concerning the motor vehicle's license plate number and 209
319	319	year of registration and the name of the registered owner of the 210
320	320	motor vehicle. 211
321	321	2. The date on which the violation o ccurred. 212
322	322	3. The date on which the final notice required under 213
323	323	paragraph (a) was mailed. 214
324	324	4. The seal, logo, emblem, or electronic seal of the law 215
325	325	enforcement agency. 216
326	326	(c) Within 5 days after receipt of a referral under 217
327	327	paragraph (a), the department sha ll enter the referral into the 218
328	328	department's motor vehicle database and shall refuse to renew 219
329	329	the registration of the motor vehicle and prohibit the title 220
330	330	transfer of the motor vehicle within this state until the civil 221
331	331	penalty is paid. The department shall send by first-class mail 222
332	332	to the registered owner of the motor vehicle a notice stating: 223
333	333	1. That the registration of the motor vehicle involved in 224
334	334	the violation may not be renewed. 225
335	335
336	336	HB 797 2022
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0797-00
342	342	Page 10 of 10
343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344	344
345	345
346	346
347	347	2. That the title of the motor vehicle involved in the 226
348	348	violation may not be transferred within this state. 227
349	349	3. That the penalties provided in this paragraph are being 228
350	350	imposed due to failure to pay the civil penalty for a violation 229
351	351	of s. 316.1895(10) as provided in this section. 230
352	352	4. The procedure provided in paragraph (d) for removing 231
353	353	the penalties provided in this paragraph. 232
354	354	(d) The department shall remove the penalties imposed on a 233
355	355	motor vehicle pursuant to paragraph (c) when the registered 234
356	356	owner of the motor vehicle or any ot her person presents the 235
357	357	department with adequate proof that the civil penalty has been 236
358	358	paid. 237
359	359	(12) In addition to the penalties imposed pursuant to this 238
360	360	section, if a civil penalty imposed on the owner of a motor 239
361	361	vehicle registered outside this state is n ot paid within 30 days 240
362	362	after a final notice is mailed pursuant to subsection (11), the 241
363	363	law enforcement agency issuing the citation may refer the 242
364	364	citation to a collection agency and is eligible for all legal 243
365	365	collection activities, including a collection fee of 35 percent 244
366	366	of the amount of the civil penalty. 245
367	367	(13) A warning or civil penalty under this section may not 246
368	368	be imposed on a motor vehicle operator who was arrested or 247
369	369	issued a citation and notice to appear by a peace officer for 248
370	370	the same violation. 249
371	371	Section 2. This act shall take effect July 1, 2022. 250