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