The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education
BILL: SB 410
INTRODUCER: Senator Rodriguez
SUBJECT: Photographic Enforcement of School Zone Speed Limits
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Bouck ED Pre-meeting
2. ATD
3. AP
I. Summary:
SB 410 authorizes a local government to install an automated speed detection system in a school
speed zone and appoint traffic infraction enforcement officers to issue traffic citations to persons
that are detected as exceeding a school zone speed limit by at least 10 miles per hour. Under the
bill, a county or municipality may enforce school speed zones within 1 hour before, during the
entirety of, and within 1 hour after a regularly scheduled school session. The bill authorizes a
traffic infraction enforcement officer employed by a sheriff’s department or police department of
a municipality to issue a fine of $158 or a traffic citation for violations of school speed zone
requirements as detected by a speed detection system in a school speed zone.
In order to use a speed detection system to enforce school speed zone requirements, the bill
requires:
The speed detection system to be permitted, placed, and installed in accordance with
regulations developed by the Florida Department of Transportation.
The local government to notify the public of the speed detection system through a 30-day
public awareness campaign.
A notice of violation to be mailed to the registered owner of the motor vehicle alleged to be
in violation within 30 days of the violation and include information regarding the right to pay
a $158 fine, review the evidence, request a hearing, or submit an affidavit identifying another
person as the person in violation.
The bill provides that a traffic citation must be issued to a person who does not pay the fine or
submit a specified affidavit within 30 days of the notification of violation.
The bill does not require the expenditure of state funds.
The bill takes effect upon becoming law.
REVISED: BILL: SB 410 Page 2
II. Present Situation:
The Division of Florida Highway Patrol of the Department of Highway Safety and Motor
Vehicles (DHSMV); the Division of Law Enforcement of the Fish and Wildlife Conservation
Commission; the Division of Law Enforcement of the Department of Environmental Protection;
and the agents, inspectors, and officers of the Department of Law Enforcement each have
authority to enforce all of the traffic laws in Florida on all the streets and highways and
elsewhere throughout the state wherever the public has a right to travel by motor vehicle.
1
Local authorities may also exercise police power on streets and highways within their
jurisdiction. This authority includes establishing speed limits and regulating traffic by means of
police officers or official traffic control devices.
2
Traffic Safety Enforcement
The Florida Department of Transportation (FDOT) compiles and publishes a manual of uniform
traffic control devices for use on the streets and highways in Florida.
3
The driver of any vehicle
is legally obligated to obey the instructions of any properly placed official traffic control device
unless otherwise authorized by a police officer.
4
There is a point system for convictions of
violations of motor vehicle laws to determine whether a person may continue to operate a motor
vehicle. The DHSMV is authorized to suspend the license of any person upon showing of its
records or other good and sufficient evidence that the licensee has been convicted of violating
motor vehicle laws or ordinances amounting to 12 or more points as determined by the point
system. The suspension may not exceed a period of 1 year.
5
Evidence of the speed of a vehicle measured by any radar speed-measuring device is
inadmissible in any proceeding with respect to an alleged violation of provisions of law
regulating the lawful speed of vehicles, unless such evidence is obtained by an officer who:
6
Has satisfactorily completed the radar training course established by the Criminal Justice
Standards and Training Commission pursuant to s. 943.17(1)(b).
Has made an independent visual determination that the vehicle is operating in excess of the
applicable speed limit.
Has written a citation based on evidence obtained from radar when conditions permit the
clear assignment of speed to a single vehicle.
Is using radar which has no automatic speed locks and no audio alarms, unless disconnected
or deactivated.
Is operating radar with audio Doppler engaged.
Is using a radar unit which meets the minimum design criteria for such units established by
the DHSMV.
7
1
Section 316.640(1)(a), F.S.
2
Section 316.008(1), F.S.
3
Section 316.0745(2), F.S.; Rule 14-15.010, F.A.C.
4
Section 316.074(1), F.S.
5
Section 322.27(3), F.S.
6
Section 316.1906(2), F.S.
7
The DHSMV adopts by rule the minimum design criteria for radar units and laser devices and maintains a list of approved
speed measuring devices. Rules 15B-2.0082, 2.013-2.014, F.A.C. BILL: SB 410 Page 3
Whenever any peace officer engaged in the enforcement of the motor vehicle laws uses an
electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle
on any highway, road, street, or other public way, such device shall be of a type approved by the
DHSMV and shall have been tested to determine that it is operating accurately. Tests for this
purpose must be made not less than once each 6 months.
8
Any police officer, upon receiving
information relayed to him or her from a fellow officer stationed on the ground or in the air
operating such a device that a driver of a vehicle has violated the speed laws, may arrest the
driver for violation of said laws where reasonable and proper identification of the vehicle and the
speed of same has been communicated to the arresting officer.
9
Traffic infraction detectors are allowed on state roads when permitted by the FDOT. Traffic
infraction detectors are also allowed on streets and highways under the jurisdiction of counties or
municipalities in accordance with placement and installation specifications developed by the
FDOT.
10
The authority that installs a traffic infraction detector is required to notify the public
using uniform signals and devices adopted by the FDOT and, if the authority has never used a
traffic infraction detector program, must make a public announcement and conduct a public
awareness campaign of the proposed use of traffic infraction detectors at least 30 days before
commencing the enforcement program.
11
Traffic Infraction Enforcement Officers
The DHSMV, a county, or a municipality may authorize a traffic infraction enforcement officer
to issue traffic citations to persons who violate properly placed official traffic control devices.
12
If a traffic infraction detector identifies a vehicle disobeying a properly placed official traffic
control device, the visual information is captured and reviewed by the traffic infraction
enforcement officer. A notification must be sent to the registered owner
13
of the vehicle within
30 days of the alleged violation. The notice must be accompanied by a photograph or other
recorded image of the violation, a statement of the vehicle owner’s right to review images or
video of the violation, and the time and place, or Internet location where the evidence may be
reviewed.
14
Penalty
A fine of $158 is levied on violators who violate properly placed official traffic control devices.
15
Violations of properly placed official traffic control devices enforced by traffic infraction
detectors may not result in points being assessed against the operator’s driver’s license and may
not be used for the purpose of setting motor vehicle insurance rates.
16
8
Section 316.1905(1), F.S.
9
Section 316.1905(2), F.S.
10
Section 316.0776(1), F.S.
11
Section 316.0776, F.S.
12
Section 316.0083(1)(a), F.S.
13
The first name on the registration in cases of joint registration is considered the registered owner. Section
316.0083(1)(c)1.c., F.S.
14
Section 316.0083(1)(b), F.S.
15
Section 316.0083(1)(b)3.a., F.S.
16
Section 322.27(3)(d)6., F.S. BILL: SB 410 Page 4
Request for Hearing
A person who receives a notice of violation 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 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 related thereto and a form to request a hearing.
17
If the registered owner of the vehicle does not submit payment or otherwise contest the notice of
violation within 60 days of being notified, the traffic infraction enforcement officer must issue
and send by certified mail a uniform traffic citation to the registered owner. The citation must
also include the photograph and statements described above regarding review of the
photographic or video evidence.
18
The report of a traffic infraction enforcement officer and
images provided by a traffic infraction detector are admissible in court and provide a rebuttable
presumption the vehicle was used in a violation.
19
A traffic infraction enforcement officer must
provide by electronic transmission a replica of the citation data to the court having jurisdiction
over the alleged offense or its traffic violations bureau within five days after the issuance date of
the citation to the violator.
20
Defenses
The registered owner of the motor vehicle is responsible for payment of the fine unless the owner
can establish that the vehicle:
21
Passed through the intersection to yield the right-of-way to an emergency vehicle or as part
of a funeral procession;
Passed through the intersection at the direction of a law enforcement officer;
Was, at the time of the violation, in the care, custody, or control of another person; or
Received a uniform traffic citation for the alleged violation issued by a law enforcement
officer.
An additional defense is available if the motor vehicle’s owner was deceased on or before the
date the uniform traffic citation was issued.
22
To establish any of these defenses, the owner of the vehicle must furnish an affidavit to the
appropriate governmental entity that provides detailed information supporting an exemption as
provided above, including relevant documents such as a police report (if the car had been
reported stolen) or a copy of the uniform traffic citation, if issued. If the owner submits an
affidavit that another driver was behind the wheel, the affidavit must contain the name, address,
date of birth, and if known, the driver’s license number, of the driver. A traffic citation may be
issued to this person, and the affidavit from the registered owner may be used as evidence in a
17
Section 316.0083(1)(b)1.c., F.S.
18
Section 316.0083(1)(b), F.S.
19
Section 316.0083(1)(e), F.S.
20
Section 316.650(3)(c), F.S.
21
Section 316.0083(1)(d), F.S.
22
Section 316.0083(1)(d), F.S. BILL: SB 410 Page 5
further proceeding regarding that person’s alleged violation.
23
Submission of a false affidavit is a
second degree misdemeanor.
24
If a vehicle is leased, the owner of the leased vehicle is not responsible for paying the citation,
nor required to submit an affidavit, if the motor vehicle is registered in the name of the lessee.
25
If a person presents documentation from the appropriate governmental entity that the citation
was issued in error, the clerk of court may dismiss the case and may not charge for such
service.
26
A person is ordinarily issued four points against their driver’s license for a violation of an official
traffic control signal device.
27
However, no points may be imposed for violating an official
traffic control device when enforced by a traffic infraction enforcement officer, and the violation
may not be used for purposes of setting motor vehicle insurance rates.
28
School Speed Zones
The FDOT establishes a uniform system of traffic control devices and pedestrian control devices
for use on the streets and highways in the state surrounding all schools, public and private, and
publishes a manual containing all such specifications and requirements.
29
Upon request from the
appropriate local government, the FDOT must install and maintain such traffic and pedestrian
control devices on state-maintained roads for all prekindergarten early-intervention schools that
receive federal funding through the Headstart program.
30
The FDOT is further required to maintain school zones located on state-maintained primary or
secondary roads.
31
The FDOT may enter into agreements with counties or municipalities
whereby the local governmental entities maintain specified school zones on state-maintained
primary or secondary roads.
32
Counties are required to maintain school zones on county roads
outside of municipalities, and municipalities are required to maintain school zones located in a
municipality.
33
School Speed Limits
A school zone speed limit may not be less than 15 miles per hour except by local regulation. No
school zone speed limit may be more than 20 miles per hour in an urbanized area. School zone
speed limits may be in force only from 30 minutes before to 30 minutes after the periods of time
when pupils are arriving or leaving a regularly scheduled breakfast program or school session.
34
23
Section 316.0083(1)(d), F.S.
24
Section 316.0083(1)(d)5., F.S.
25
Id.
26
Section 318.18(15), F.S.
27
Section 322.27(3)(d)6., F.S.
28
Id.
29
Section 316.1895(1)(a), F.S.; Rule 14-15.012, F.A.C.
30
Section 316.1895(2), F.S.
31
Section 316.1895(3)(a), F.S.
32
Section 316.1895(3)(a), F.S.
33
Section 316.1895(3), F.S.
34
Section 316.1895(5), F.S. BILL: SB 410 Page 6
School Speed Zone Signage
Permanent signs designating school zones and school zone speed limits must be uniform in size
and color and have the times during which the restrictive speed limit is enforced clearly
designated thereon. Other devices, such as flashing beacons activated by a time clock, may be
used as an alternative to posting the times during which the restrictive school speed limit is
enforced.
35
Portable signs designating school zones and school zone speed limits must be uniform in size
and color. Such signs must be erected on the roadway only during those hours when pupils are
arriving at and leaving regularly scheduled school sessions.
36
For any newly established school
zone or any school zone in which the signing has been replaced, a sign stating “Speeding Fines
Doubled” must be installed within the school zone.
37
School Speed Zone Fines
A person may not drive a vehicle in a school zone at a speed greater than that posted in the
school zone.
38
A person exceeding the speed limit in a school zone or designated school crossing
must pay a fine equal to double the standard amounts for exceeding the speed limit. Therefore,
the fine in a school zone for exceeding the speed limit by:
39
1-9 mph is $50.
10-14 mph is $200.
15-19 mph is $300.
20-29 mph is $350.
30 mph and above is $500.
III. Effect of Proposed Changes:
SB 410 authorizes a local government to install an automated speed detection system in a school
speed zone and appoint traffic infraction enforcement officers to issue traffic citations to persons
that are detected as exceeding a school zone speed limit by at least 10 miles per hour. Under the
bill, a county or municipality may enforce school speed zones within 1 hour before, during the
entirety of, and within 1 hour after a regularly scheduled school session. The bill authorizes a
traffic infraction enforcement officer employed by a sheriff’s department or police department of
a municipality to issue a fine of $158 or a traffic citation for violations of school speed zone
requirements as detected by a speed detection system in a school speed zone.
In order to use a speed detection system to enforce school speed zone requirements, the bill
requires:
The speed detection system to be permitted, placed, and installed in accordance with
regulations developed by the Florida Department of Transportation (FDOT).
The local government to notify the public of the speed detection system through a 30-day
public awareness campaign.
35
Section 316.1895(6), F.S.
36
Section 316.1895(7), F.S.
37
Section 316.1895(6), F.S.
38
Section 316.1895(10), F.S.
39
Section 318.18(3), F.S. BILL: SB 410 Page 7
A notice of violation to be mailed to the registered owner of the motor vehicle alleged to be
in violation within 30 days of the violation and include information regarding the right to pay
a $158 fine, review the evidence, request a hearing, or submit an affidavit identifying another
person as the person in violation.
The bill provides that a traffic citation must be issued to a person who does not pay the fine or
submit an affidavit identifying another person as the person in violation within 30 days of the
notification of violation.
Traffic Safety Enforcement
The bill modifies s. 316.0776, F.S., to authorize a speed detection system to be installed on a
municipal or county road, or a state road when permitted by the FDOT, but must be placed and
installed in accordance with regulations developed by the FDOT. The bill requires the FDOT to
establish such placement and installation specifications by August 1, 2022. The bill adds a
definition of a speed detection system to s. 316.003, F.S., defining a speed detection system as an
automated system used to record a vehicle’s speed using radar and to capture a photograph or
video of a vehicle that exceeds the speed limit in force at the time of violation. However, the bill
specifies that speed detection systems supplement the enforcement of school speed zones, and do
not prohibit law enforcement officers from issuing citations for violations of school speed zones.
Traffic Infraction Enforcement Officer
The bill modifies s. 316.1906, F.S., to define a “traffic infraction enforcement officer” as one
who is employed or appointed and satisfies the requirements established in law for the
designation by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) of
traffic infraction enforcement officers, with or without compensation, and who is vested with
authority to enforce a violation of school speed zone requirements as detected by a speed
detection system.
The bill authorizes a traffic infraction enforcement officer to review photographic or electronic
images, streaming video, or evidence of the speed of a vehicle as measured by a speed detection
system to satisfy existing legal requirements for the officer to make an independent visual
determination that a vehicle is operating in excess of the applicable speed limit.
Authorizing traffic infraction enforcement officers to issue traffic citations through the use of
speed detection systems may assist in the enforcement of speed limits.
School Speed Zones
The bill modifies s. 316.008, F.S., to authorize a county or municipality to install, or contract
with a vendor to install, a speed detection system within 1,000 feet of a school zone to enforce
speed limits in school speed zones. Under the bill, a county or municipality may enforce school
speed zones within 1 hour before, during the entirety of, and within 1 hour after a regularly
scheduled school session through the use of a speed detection system for the measurement of
speed and recording of photographs or videos for violations that are in excess of 10 miles per
hour over the speed limit in force at the time of the violation.
BILL: SB 410 Page 8
The enforcement by a speed detection system of speed limits in school speed zones may improve
the safety of pedestrians in school speed zones during the entire school day.
School Speed Zone Signage
A school zone’s compliance with the legal requirements for establishing, installing, maintaining,
and providing notice of a school speed zone and speed detection system creates a rebuttable
presumption that the school zone is being properly maintained, even if the school zone does not
include a sign stating “Speeding Fines Doubled.”
The bill requires the county or municipality that installs a speed detection system to notify the
public, using FDOT uniform signals and devices, that a speed detection system may be in use
and to specifically include notification of camera or video enforcement of violations. For speed
detection systems enforcing traffic control requirements in school speed zones, a sign stating
“Speeding Fines Doubled,” is not required when a violation of school speed zone requirements is
enforced by a speed detection system in a school speed zone.
When a local authority first begins a speed detection system program, the bill requires the
authority to make a public announcement and conduct a public awareness campaign on the
proposed use of speed detection systems at least 30 days before commencing enforcement under
the speed detection system program and notify the public of the specific date on which the
program will commence. During the 30-day public awareness campaign, the bill requires a motor
vehicle operator found to have violated school speed zone requirements by a speed detection
system to be issued a warning for the violation and provides that the motor vehicle operator is
not liable for the doubled fine for exceeding the speed limit in a school zone.
The required signage and public awareness campaign may assist in ensuring drivers obey speed
limits in school speed zones.
School Zone Speed Limits
The bill creates s. 316.1896, F.S., to provide for enforcement of school speed zone requirements
through the use of a speed detection system. The bill authorizes a traffic infraction enforcement
officer employed by a sheriff’s department or police department of a municipality to issue a
traffic citation for violations of school speed zone requirements as detected by a speed detection
system in a school speed zone. The bill also authorizes a sheriff’s department or police
department of a municipality to designate employees as traffic infraction enforcement officers to
enforce school speed zone requirements. The bill expressly does not prohibit:
A review of information from a speed detection system by an authorized employee or agent
of a county or municipality before issuance of the traffic citation by the traffic infraction
enforcement officer.
A county or municipality from issuing notifications to the registered owner of the motor
vehicle regarding potential remedies available and opportunities to resolve the fine.
Notification of Violation
The bill prescribes the timeline for notifying a person of a violation of school speed zone
requirements as detected by a speed detection system and the procedures for resolving the BILL: SB 410 Page 9
violation. The bill specifies that the term “person” includes a natural person, the registered owner
or co-owner of a motor vehicle, or the person identified in an affidavit as having actual care,
custody, or control of the motor vehicle at the time of the violation. The bill requires that the
notification of violation:
Be sent by first-class mail to the registered owner of the vehicle within 30 days after the
violation.
Include a notice that the owner has the right to review, in person or remotely, the
photographic or electronic images or streaming video and the evidence of the speed of the
vehicle as measured by a speed detection system which constitute a rebuttable presumption
against the owner of the vehicle.
State the time and place or website where the images or video and evidence of speed may be
examined and observed.
Be 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 related thereto and a form used for
requesting a hearing.
Affidavit of Dispute
In order to avoid court fees, costs, and the issuance of a traffic citation, the bill requires a person
who receives a notification of violation to, within 30 days after the notification, either:
Pay to the applicable county or municipality the penalty of $158.
Furnish an affidavit and supporting documentation establishing that:
o The motor vehicle was, at the time of the violation, in the care, custody, or control of
another person, including the name, address, date of birth, and, if known, the driver
license number of the other person, or, if the vehicle was alleged stolen, the police report
indicating that the motor vehicle was stolen;
o A uniform traffic citation was issued by law enforcement to the driver of the motor
vehicle for the alleged violation including the serial number of the uniform traffic
citation; or
o 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.
If the motor vehicle’s owner to whom a uniform traffic citation has been issued is deceased, the
bill provides that the affidavit must include a 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:
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.
Documented 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
after his or her death but on or before the date of the alleged violation.
A copy of the police report showing that the deceased owner’s registered license plate or
motor vehicle was stolen after his or her death but on or before the date of the alleged
violation.
BILL: SB 410 Page 10
The authority to submit an affidavit identifying an alternate violator may ensure registered motor
vehicle owners are not unfairly fined.
Request for Hearing
The bill alternatively authorizes a person to request a hearing within 30 days after the
notification of violation and prohibits any requirement that the person submit a payment or fee
before the hearing requested by the person. The bill provides that a person who initiates a
proceeding to challenge the violation waives any challenge or dispute as to the delivery of the
notification of violation.
Penalty
The bill modifies s. 318.18, F.S., to provide that a person cited for exceeding the speed limit in a
school zone as indicated by a speed detection device and enforced by a traffic infraction
enforcement officer must pay a fine of $158. The bill modifies s. 322.27, F.S., to specify that no
points may be imposed for a violation of unlawful speed in a school speed zone when enforced
by a traffic infraction enforcement officer relying on a speed detection enforcement system in a
school speed zone. The bill also provides that a violation of school speed zone requirements as
detected by a speed detection system may not be used for purposes of setting motor vehicle
insurance rates.
The bill requires penalties that are assessed and collected by the county or municipality, less the
amount the county or municipality is specifically authorized by the bill to retain, to be paid by
electronic funds transfer to the Department of Revenue weekly. The bill requires that, in addition
to the payment, a detailed summary of the penalties remitted must be reported to the Department
of Revenue. The bill requires that the $158 fines collected by the county or municipality be
remitted as follows:
Sixty dollars must be remitted to the Department of Revenue for deposit into the General
Revenue Fund.
Eighty-four dollars must be retained by the county or municipality and be used to administer
speed detection systems in school zones or other public safety initiatives.
Four dollars must be remitted to the Department of Revenue for deposit into the Department
of Law Enforcement Criminal Justice Standards and Training Trust Fund.
Six dollars must be remitted to the public school district in which the violation occurred and
be used for school security initiatives or to improve the safety of student walking conditions.
Funds so remitted must be shared with charter schools in the district, based on each charter
school’s proportionate share of the district’s total unweighted full-time equivalent student
enrollment, and be used for school security initiatives or to improve the safety of student
walking conditions.
Four dollars must be remitted to the Department of Revenue for deposit into the General
Revenue Fund for the benefit of the Coach Aaron Feis Guardian Program.
Traffic Citation
If, within 30 days after the notification of violation, the registered owner has not paid the fine,
requested a hearing, or submitted an affidavit disputing the allegations, the bill requires a traffic BILL: SB 410 Page 11
citation to be issued by mailing the traffic citation by certified mail to the first name appearing
on the registration of the motor vehicle involved in the violation, unless the first name appearing
on the registration is a business organization, in which case the second name appearing on the
registration may be used. Except for the method of mailing, which must be first class for a notice
of violation and certified mail for a traffic citation, the bill requires the traffic citation to conform
to the notice requirements included within the notification of violation. The bill specifies that
delivery of the traffic citation constitutes notification, and if a person initiates a proceeding to
challenge the citation, the person waives any challenge or dispute as to the delivery of the traffic
citation.
The bill amends s. 316.650, F.S., to require a traffic infraction enforcement officer to 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 five days after the date of issuance of
the traffic citation to the violator.
The bill provides in s. 318.14, F.S., that persons cited for violating school speed zone
requirements as detected by a speed detection system are not required to sign and accept a
citation indicating a promise to appear at a mandatory hearing. The bill provides that, if a hearing
is requested, the traffic infraction enforcement officer must 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.
The bill authorizes an owner to avoid liability for paying the traffic citation by submitting an
affidavit following the same requirements for challenging a notification of violation. The bill
provides that the affidavit is admissible in a proceeding for the purpose of providing proof that
the person identified in the affidavit was in actual care, custody, or control of the motor vehicle.
The bill provides that the submission of a false affidavit is a misdemeanor of the second degree.
The bill also provides that the owner of a leased vehicle for which a traffic citation is issued for
violating school speed zone requirements is not responsible for paying the traffic citation and is
not required to submit an affidavit if the motor vehicle involved in the violation is registered in
the name of the lessee of such motor vehicle.
The bill requires the issuing governmental entity, upon receipt of the affidavit and required
documentation, to dismiss the citation and provide proof of such dismissal to the person who
submitted the affidavit. Within 30 days of receipt of an affidavit, the bill requires the
governmental entity to send a notification of violation to the person identified in the affidavit as
having care, custody, or control of the motor vehicle at the time of the violation.
Hearing Procedures
The bill specifies that a hearing to challenge a traffic citation issued by a traffic infraction
enforcement officer for school speed zone violations must be conducted under the procedures
established in law for traffic citations issued by traffic infraction enforcement officers and as
follows:
The DHSMV must publish and make available electronically to each county and
municipality a model request for hearing form to assist each local government that is issuing BILL: SB 410 Page 12
notifications of school speed zone violations resulting from the use of a speed detection
system.
The county or municipality electing to authorize traffic infraction enforcement officers to
issue traffic citations must designate by resolution existing staff to serve as the clerk to the
local hearing officer.
Any person, referenced in the bill as the “petitioner,” who elects to request a hearing must be
scheduled for a hearing by the clerk to the local hearing officer. The clerk must furnish the
petitioner with notice to be sent by first-class mail. Upon receipt of the notice, the petitioner
may reschedule the hearing once by submitting a written request to reschedule to the clerk to
the local hearing officer at least five calendar days before the day of the originally scheduled
hearing. The petitioner may cancel his or her appearance before the local hearing officer by
paying the penalty assessed, plus the administrative costs of $50 as established in law, before
the start of the hearing.
All testimony at the hearing must be under oath and recorded. The local hearing officer must
take testimony from a traffic infraction enforcement officer and the petitioner and may take
testimony from others. The local hearing officer must review the photographic or electronic
images or streaming video and the evidence of the speed of the vehicle as measured by the
speed detection system. Formal rules of evidence do not apply, but due process must be
observed and govern the proceedings.
At the conclusion of the hearing, the local hearing officer must determine whether a violation
of school speed zone requirements occurred and either uphold or dismiss the violation. The
local hearing officer must issue a final administrative order including the determination and,
if the notification of violation is upheld, require the petitioner to pay the penalty previously
assessed, and may also require the petitioner to pay county or municipal costs not to exceed
$250 as established in law. The final administrative order must be mailed to the petitioner by
first-class mail.
An aggrieved party may, within 30 days of the date of the final administrative order, appeal
to the circuit court. Such an appeal does not initiate a new hearing, but is limited to appellate
review of the record created before the enforcement board.
The bill provides that the photographic or electronic images, the streaming video evidence, and
the evidence of the speed of the vehicle as measured by a speed detection system attached to or
referenced in the traffic citation are evidence of a violation of school speed zone requirements
and are admissible in any proceeding to enforce school speed zone requirements. The bill further
provides that the images or video and evidence of speed raise a rebuttable presumption that the
motor vehicle named in the report or shown in the images or video was used in violation of
school speed zone requirements.
The bill provides that a speed detection system is exempt from the design requirements for radar
units established by the DHSMV. Instead, the bill requires a speed detection system to have the
ability to perform self-tests as to its detection accuracy, which must be performed at least once
every 30 days. The bill requires the law enforcement agency, or an agent acting on behalf of the
law enforcement agency, that is operating a speed detection system to maintain a log of the
results of the system’s self-tests, and to perform an independent calibration test on the speed
detection system at least once every 12 months. The bill provides that the self-test logs, as well
as the results of the annual calibration test, are admissible in any court proceeding for a traffic BILL: SB 410 Page 13
citation issued for a violation of school speed zone requirements as detected by a speed detection
system.
The hearing procedures and evidentiary measures included in the bill may assist in supporting
the fair administration of the enforcement of school speed zone requirements by a speed
detection system and a traffic infraction enforcement officer.
The bill takes effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
SB 410 will generate an indeterminable amount of revenue for private companies that
manufacture and install speed detection systems.
40
C. Government Sector Impact:
If a county or municipality elects to begin a speed detection system program the bill may
have a positive fiscal impact on state government revenues by increasing enforcement of
40
Florida Department of Education, 2022 Agency Bill Analysis of SB 410 (Oct. 13, 2021), at 4. BILL: SB 410 Page 14
school speed zone limits resulting in more fines being remitted to the General Revenue
Fund.
If a county or municipality elects to begin a speed detection system program the bill may
have a positive fiscal impact on local governments by increasing enforcement of school
speed zone limits resulting in more fines being remitted to the county or municipality and
school district where the violation occurred.
Local government costs associated with using speed detection equipment in school zones
may vary depending on the unique needs and circumstances in each county or
municipality. Costs may be influenced by numerous factors, such as equipment choices,
operational and administrative decisions made by the county or municipality, and
contractual agreements with vendors.
41
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 316.003, 316.008,
316.0776, 316.1906, 318.18, 322.27, 316.306, 316.640, 316.650, 318.14, 318.21, and 655.960.
This bill creates section 316.1896 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
41
Florida Department of Education, 2022 Agency Bill Analysis of SB 410 (Oct. 13, 2021), at 4.