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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 enforcement of school bus passing 2
infractions; amending s. 316.003, F.S.; defining the 3
term "school bus infraction detection system"; 4
creating s. 316.173, F.S.; authorizing school 5
districts to install and operate school bus infraction 6
detection systems for a specified purpose; authorizing 7
school districts to contract with a private vendor or 8
manufacturer for specified purposes; requiring the 9
decision to install school bus infraction detection 10
systems to be based on the need to increase pu blic 11
safety; prohibiting an individual from receiving a 12
commission from violations detected through the 13
system; prohibiting a private vendor or manufacturer 14
from receiving a fee or renumeration based on the 15
number of violations detected; requiring the scho ol 16
district to ensure that each system meets certain 17
requirements; requiring the school district to enter 18
into interlocal agreements with law enforcement 19
agencies to enforce violations; providing signage 20
requirements; requiring a school district that 21
installs a school bus infraction detection system to 22
provide certain notice to the public; requiring a 23
school district that has never conducted a school bus 24
infraction detection system program to conduct a 25
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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
public awareness campaign before commencing 26
enforcement under such program; limiting penalties in 27
effect during the public awareness campaign; requiring 28
the private vendor or manufacturer to submit specified 29
information to such law enforcement agencies within a 30
specified timeframe; providing notification 31
requirements and procedures for law enforcement 32
agencies; requiring a person who receives a 33
notification of violation to pay the civil penalty or 34
request a hearing within a specified timeframe; 35
providing for waiver of challenge or dispute as to the 36
delivery of notification of violation; providing for 37
the distribution and use of funds; providing 38
requirements for issuance of a uniform traffic 39
citation; providing for waiver of challenge or dispute 40
as to the delivery of the traffic citation; providing 41
notification requirements and procedures; specifying 42
that the registered owner of a motor vehicle is 43
responsible and liable for paying a uniform traffic 44
citation; providing exceptions; requiring the 45
registered owner of a motor vehicle to furnish an 46
affidavit under certa in circumstances; specifying 47
requirements for such affidavit; providing a criminal 48
penalty for submitting a false affidavit; providing 49
that certain recorded video and images are admissible 50
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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
in certain proceedings; providing a rebuttable 51
presumption; providi ng construction; specifying 52
requirements of and prohibitions on the use of video 53
and images recorded by the school bus infraction 54
detection system; requiring school districts to submit 55
an annual report to the Department of Highway Safety 56
and Motor Vehicles; requiring the department to submit 57
an annual summary report to the Governor and 58
Legislature; requiring school bus infraction detection 59
systems to meet State Board of Education 60
specifications; requiring the state board to establish 61
certain specifications by rule by a specified date; 62
authorizing the state board to adopt rules regarding 63
student privacy; amending s. 318.14, F.S.; conforming 64
provisions to changes made by the act; amending s. 65
318.18, F.S.; providing exceptions to penalties for 66
violations enforced by a school bus infraction 67
detection system; amending s. 322.27, F.S.; 68
prohibiting points from being imposed against a driver 69
license for certain infractions enforced by a school 70
bus infraction detection system; prohibiting such 71
infractions from being u sed to set motor vehicle 72
insurance rates; amending ss. 1006.21, 316.306, and 73
655.960, F.S.; conforming cross -references and 74
provisions to changes made by the act; providing an 75
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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
effective date. 76
77
Be It Enacted by the Legislature of the State of Florida: 78
79
Section 1. Subsections (78) through (109) of section 80
316.003, Florida Statutes, are renumbered as subsections (79) 81
through (110), respectively, subsection (64) is amended, and a 82
new subsection (78) is added to that section, to read: 83
316.003 Definitions.—The following words and phrases, when 84
used in this chapter, shall have the meanings respectively 85
ascribed to them in this section, except where the context 86
otherwise requires: 87
(64) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 88
provided in paragraph (88)(b) (87)(b), any privately owned way 89
or place used for vehicular travel by the owner and those having 90
express or implied permission from the owner, but not by other 91
persons. 92
(78) SCHOOL BUS INFRACTION DETECTION SYSTEM. —A camera 93
system affixed to a sch ool bus with two or more camera sensors 94
or computers that produce a recorded video and two or more film 95
or digital photographic still images for the purpose of 96
documenting a motor vehicle being used or operated in a manner 97
that allegedly violates s. 316.17 2(1)(a) or (b). 98
Section 2. Section 316.173, Florida Statutes, is created 99
to read: 100
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316.173 School bus infraction detection systems. — 101
(1)(a) A school district may install and operate a school 102
bus infraction detection system on a school bus for the pu rpose 103
of enforcing s. 316.172(1)(a) and (b) as provided in and 104
consistent with this section. 105
(b) The school district may contract with a private vendor 106
or manufacturer to install a school bus infraction detection 107
system on any school bus within its fleet , whether owned, 108
contracted, or leased, and for services including, but not 109
limited to, the installation, operation, and maintenance of the 110
system. The school district's decision to install school bus 111
infraction detection systems must be based solely on th e need to 112
increase public safety. An individual may not receive a 113
commission from any revenue collected from violations detected 114
through the use of a school bus infraction detection system. A 115
private vendor or manufacturer may not receive a fee or 116
remuneration based upon the number of violations detected 117
through the use of a school bus infraction detection system. 118
(c) The school district shall ensure that each school bus 119
infraction detection system meets the requirements of subsection 120
(18). 121
(d) The school district shall enter into an interlocal 122
agreement with one or more law enforcement agencies authorized 123
to enforce violations of s. 316.172(1)(a) and (b) within the 124
school district which jointly establishes the responsibilities 125
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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
of enforcement and the rei mbursement of costs associated with 126
school bus infraction detection systems consistent with this 127
section. 128
(2)(a) The school district must post high -visibility 129
reflective signage on the rear of each school bus in which a 130
school bus infraction detection sy stem is installed and 131
operational which indicates the use of such system. The signage 132
must be in the form of one or more signs or stickers and must 133
contain the following elements in substantially the following 134
form: 135
1. The words "STOP WHEN RED LIGHTS FLA SH" or "DO NOT PASS 136
WHEN RED LIGHTS FLASH." 137
2. The words "CAMERA ENFORCED." 138
3. A graphic depiction of a camera. 139
(b) The signage must occupy at least 75 percent of the 140
available space that does not contain signs or insignia that are 141
required by other applicable law or by the State Board of 142
Education. 143
(c) The sufficiency of signage or compliance with the 144
signage requirements under this subsection may not be raised in 145
a proceeding challenging a violation of s. 316.172(1)(a) or (b). 146
(3) If a school district that has never conducted a school 147
bus infraction detection system program begins such a program, 148
the school district must make a public announcement and conduct 149
a public awareness campaign of the proposed use of school bus 150
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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
infraction detection syste ms at least 30 days before commencing 151
enforcement under the school bus infraction detection system 152
program and notify the public of the specific date on which the 153
program will commence. During the public awareness campaign, 154
only a warning may be issued to the registered owner of a motor 155
vehicle for a violation of s. 316.172(1)(a) or (b) enforced by a 156
school bus infraction detection system, and a civil penalty may 157
not be imposed under chapter 318 . 158
(4) Within 30 days after an alleged violation of s. 159
316.172(1)(a) or (b) is recorded by a school bus infraction 160
detection system, the private vendor or manufacturer shall 161
submit the following information to a law enforcement agency 162
that has entered into an interlocal agreement with the school 163
district pursuant to paragraph (1)(d) and has traffic infraction 164
enforcement jurisdiction at the location where the alleged 165
violation occurred: 166
(a) A copy of the recorded video and images showing the 167
motor vehicle allegedly violating s. 316.172(1)(a) or (b). 168
(b) The motor vehicle's license plate number and the state 169
of issuance of the motor vehicle's license plate. 170
(c) The date, time, and location of the alleged violation. 171
(5) Within 30 days after receiving the information 172
required in subsection (4), the law enforcement agency, if it 173
determines that the motor vehicle violated s. 316.172(1)(a) or 174
(b), must send notice of violation to the registered owner of 175
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the motor vehicle involved in the violation specifying the 176
remedies available under s. 318.14 and that the violator must 177
pay the penalty under s. 318.18(5) or furnish an affidavit in 178
accordance with subsection (10) within 30 days after the date of 179
the notification of violation in order to avoid court fees, 180
costs, and the issuance of a uniform traffic citation. The 181
notification of violation must be sent by first -class mail and 182
include all of the following: 183
(a) A copy of the recorded image showing the motor vehicle 184
involved in the violation, including an image showing the 185
license plate of the motor vehicle. 186
(b) The date, time, and location of the violation. 187
(c) The amount of the civil penalty, the date by which the 188
civil penalty must be paid, and instructions on how to pay the 189
civil penalty. 190
(d) Instructions on how to request a hearing to contest 191
liability or the notice of violation. 192
(e) A notice that the owner has the right to review, in 193
person or remotely, the video and images recorded by the school 194
bus infraction detection system which constitute a rebuttable 195
presumption that the motor vehicle was used in violat ion of s. 196
316.172(a) or (b). 197
(f) The time when, and the place or website at which, the 198
recorded video and images may be examined and observed. 199
(g) A warning that failure to pay the civil penalty or to 200
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contest liability within 30 days after the notice i s mailed will 201
result in the issuance of a uniform traffic citation. 202
(6) If the registered owner or co -owner of the motor 203
vehicle; the person identified as having care, custody, or 204
control of the motor vehicle at the time of the violation; or an 205
authorized representative of the owner, co -owner, or identified 206
person initiates a proceeding to challenge the violation, such 207
person waives any challenge or dispute as to the delivery of the 208
notification of violation. 209
(7) The civil penalties assessed for a viola tion of s. 210
316.172(1)(a) or (b) enforced by a school bus infraction 211
detection system must be remitted to the school district in 212
which the violation occurred. Such civil penalties must be used 213
for the installation or maintenance of school bus infraction 214
detection systems on school buses, for any other technology that 215
increases the safety of the transportation of students, or for 216
the administration and costs associated with the enforcement of 217
violations as described in this section. 218
(8) A uniform traffic ci tation shall be issued by mailing 219
the uniform traffic citation by certified mail to the address of 220
the registered owner of the motor vehicle involved in the 221
violation if payment has not been made within 30 days after 222
notification under subsection (5), if t he registered owner has 223
not requested a hearing under s. 318.14, and if the registered 224
owner has not submitted an affidavit in accordance with 225
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subsection (10). 226
(a) Delivery of the uniform traffic citation constitutes 227
notification for a violation of s. 31 6.172(1)(a) or (b) under 228
this subsection. If the registered owner or co -owner of the 229
motor vehicle; the person identified as having care, custody, or 230
control of the motor vehicle at the time of the violation; or a 231
duly authorized representative of the owne r, co-owner, or 232
identified person initiates a proceeding to challenge the 233
citation, such person waives any challenge or dispute as to the 234
delivery of the uniform traffic citation. 235
(b) In the case of joint ownership of a motor vehicle, the 236
uniform traffic citation shall be mailed to the first name 237
appearing on the motor vehicle registration, unless the first 238
name appearing on the registration is a business organization, 239
in which case the second name on the registration may be used. 240
(c) The uniform traffi c citation mailed to the registered 241
owner of the motor vehicle involved in the violation must be 242
accompanied by information described in paragraphs (5)(a) -(f). 243
(9) The registered owner of the motor vehicle involved in 244
the violation is responsible and lia ble for paying the uniform 245
traffic citation issued for a violation of s. 316.172(1)(a) or 246
(b) unless the owner can establish that: 247
(a) The motor vehicle was, at the time of the violation, 248
in the care, custody, or control of another person; 249
(b) A uniform traffic citation was issued by law 250
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enforcement to the driver of the motor vehicle for the alleged 251
violation of s. 316.172(1)(a) or (b); or 252
(c) The motor vehicle's owner was deceased on or before 253
the date that the uniform traffic citation w as issued, as 254
established by an affidavit submitted by the representative of 255
the motor vehicle owner's estate or other designated person or 256
family member. 257
(10) To establish such facts under subsection (9), the 258
registered owner of the motor vehicle shall, within 30 days 259
after the date of issuance of the notice of violation or the 260
uniform traffic citation, furnish to the law enforcement agency 261
that issued the notice of violation or uniform traffic citation 262
an affidavit setting forth information supporting a n exemption 263
under subsection (9). 264
(a) An affidavit supporting the exemption under paragraph 265
(9)(a) must include the name, address, date of birth, and, if 266
known, the driver license number of the person who leased, 267
rented, or otherwise had care, custody, o r control of the motor 268
vehicle at the time of the alleged violation. If the motor 269
vehicle was stolen at the time of the alleged violation, the 270
affidavit must include the police report indicating that the 271
motor vehicle was stolen. 272
(b) If a uniform traffic citation for a violation of s. 273
316.172(1)(a) or (b) was issued at the location of the violation 274
by a law enforcement officer, the affidavit must include the 275
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serial number of the uniform traffic citation. 276
(c) If the motor vehicle's owner to whom a uniform traffic 277
citation has been issued is deceased, the affidavit must include 278
a certified copy of the owner's death certificate showing that 279
the date of death occurred on or before the issuance of the 280
uniform traffic citation and one of the following: 281
1. A bill of sale or other document showing that the 282
deceased owner's motor vehicle was sold or transferred after his 283
or her death but on or before the date of the alleged violation. 284
2. Documented proof that the registered license plate 285
belonging to the deceased owner's motor vehicle was returned to 286
the department or any branch office or authorized agent of the 287
department after his or her death but on or before the date of 288
the alleged violation. 289
3. A copy of the police report showing that the deceased 290
owner's registered license plate or motor vehicle was stolen 291
after his or her death but on or before the date of the alleged 292
violation. 293
294
Upon receipt of the affidavit and documentation required under 295
paragraphs (b) and (c), or 30 days after the date of iss uance of 296
a notice of violation sent to a person identified as having 297
care, custody, or control of the motor vehicle at the time of 298
the violation under paragraph (a), the law enforcement agency 299
must dismiss the notice or citation and provide proof of such 300
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dismissal to the person who submitted the affidavit. If, within 301
30 days after the date of a notice of violation sent to a person 302
under subsection (11), the law enforcement agency receives an 303
affidavit under subsection (12) from the person who was sent a 304
notice of violation affirming that the person did not have care, 305
custody, or control of the motor vehicle at the time of the 306
violation, the law enforcement agency shall notify the 307
registered owner that the notice or citation will not be 308
dismissed due to failu re to establish that another person had 309
care, custody, or control of the motor vehicle at the time of 310
the violation. 311
(11) Upon receipt of an affidavit under paragraph (9)(a) , 312
the law enforcement agency may issue the person identified as 313
having care, custody, or control of the motor vehicle at the 314
time of the violation a notification of violation pursuant to 315
subsection (5) for a violation of s. 316.172 (1)(a) or (b). The 316
affidavit is admissible in a proceeding pursuant to this section 317
for the purpose of pr oviding evidence that the person identified 318
in the affidavit was in actual care, custody, or control of the 319
motor vehicle. The owner of a leased motor vehicle for which a 320
uniform traffic citation is issued for a violation of s. 321
316.172(1)(a) or (b) is not responsible for paying the uniform 322
traffic citation and is not required to submit an affidavit as 323
specified in subsection (10) if the motor vehicle involved in 324
the violation is registered in the name of the lessee of such 325
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motor vehicle. 326
(12) If a law enforcement agency receives an affidavit 327
under paragraph (9)(a), the notification of violation required 328
under subsection (5) must be sent to the person identified in 329
the affidavit within 30 days after receipt of the affidavit. The 330
person identified in an affi davit and sent a notice of violation 331
may also affirm he or she did not have care, custody, or control 332
of the motor vehicle at the time of the violation by furnishing 333
to the appropriate governmental entity within 30 days after the 334
date of the notice of viol ation an affidavit stating such. 335
(13) The submission of a false affidavit is a misdemeanor 336
of the second degree, punishable as provided in s. 775.082 or s. 337
775.083. 338
(14) The video and images recorded by a school bus 339
infraction detection system which ar e attached to or referenced 340
in the uniform traffic citation are evidence of a violation of 341
s. 316.172(1)(a) or (b) and are admissible in any proceeding to 342
enforce this section. The recorded video and images raise a 343
rebuttable presumption that the motor veh icle shown in the 344
recorded video and images was used in violation of s. 345
316.172(1)(a) or (b). 346
(15) This section supplements the enforcement of s. 347
316.172(1)(a) and (b) by a law enforcement officer and does not 348
prohibit a law enforcement officer from issu ing a traffic 349
citation for a violation of s. 316.172(1)(a) or (b). 350
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(16)(a)1. Notwithstanding any other law, equipment 351
deployed as part of a school bus infraction detection system as 352
provided under this section must be incapable of automated or 353
user-controlled remote surveillance by means of recorded video 354
or still images. 355
2. Video and images recorded as part of the school bus 356
infraction detection system may only be used to document 357
violations of s. 316.172(1)(a) or (b) and may not be used for 358
any other surveillance purposes. 359
3. To the extent practicable, a school bus infraction 360
detection system must use necessary technology to ensure that 361
personal identifying information contained in the video or still 362
images recorded by the system which is not relevan t to the 363
alleged violation, including, but not limited to, the identity 364
of the driver and any passenger of a motor vehicle, the interior 365
or contents of a motor vehicle, the identity of an uninvolved 366
person, a number identifying the address of a private res idence, 367
and the contents or interior of a private residence, is 368
sufficiently obscured so as not to reveal such personal 369
identifying information. 370
4. A notice of a violation or uniform traffic citation 371
issued under this section may not be dismissed solely because a 372
recorded video or still images reveal personal identifying 373
information as provided in subparagraph 3. as long as a 374
reasonable effort has been made to comply with this subsection. 375
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(b) Any recorded video or still image obtained through the 376
use of a school bus infraction detection system must be 377
destroyed within 90 days after the final disposition of the 378
recorded event. The vendor of the school bus infraction 379
detection system shall provide the school district with written 380
notice by December 31 of e ach year that such records have been 381
destroyed in accordance with this section. 382
(c) Notwithstanding any other law, registered motor 383
vehicle owner information obtained as a result of the operation 384
of a school bus infraction detection system is not the pro perty 385
of the manufacturer or vendor of the system and may be used only 386
for the purposes of this section. 387
(17)(a) By October 1, 2024, and annually thereafter, each 388
school district, in consultation with the law enforcement 389
agencies with which it has interl ocal agreements pursuant to 390
this section, operating a school bus infraction detection system 391
shall provide a report to the department which details the 392
results of the school bus infraction detection systems in the 393
school district in the preceding school ye ar. The information 394
submitted by the school districts must include: 395
1. The number of school buses that have a school bus 396
infraction detection system installed, including the date of 397
installation and, if applicable, the date the systems were 398
removed. 399
2. The number of notices of violation issued, the number 400
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that were contested, and the number that were paid per state 401
fiscal year. 402
3. Any other statistical data and information required by 403
the department to complete the report required by paragraph (b). 404
(b) By December 31, 2024, and annually thereafter, the 405
department shall submit a summary report to the Governor, the 406
President of the Senate, and the Speaker of the House of 407
Representatives regarding the use and operation of school bus 408
infraction detection systems under this section, along with the 409
department's recommendations and any necessary legislation. The 410
summary report must include a review of the information 411
submitted to the department by the school districts and must 412
describe the enhancement of tra ffic safety and enforcement 413
programs. 414
(18) A school bus infraction detection system must meet 415
specifications established by the State Board of Education and 416
must be tested at regular intervals according to specifications 417
prescribed by state board rule. T he state board must establish 418
such specifications by rule on or before December 31, 2023. 419
However, any such equipment acquired by purchase, lease, or 420
other arrangement under an agreement entered into by a school 421
district on or before July 1, 2024, or equip ment used to enforce 422
violations of s. 316.172(1)(a) or (b) on or before July 1, 2024, 423
is not required to meet the specifications established by the 424
state board until July 1, 2024. 425
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(19) The State Board of Education may adopt rules to 426
address student priva cy concerns that may arise from the use of 427
a school bus infraction detection system. 428
Section 3. Subsection (2) of section 318.14, Florida 429
Statutes, is amended to read: 430
318.14 Noncriminal traffic infractions; exception; 431
procedures.— 432
(2) Except as provided in ss. 316.1001(2) , and 316.0083, 433
and 316.173, any person cited for a violation requiring a 434
mandatory hearing listed in s. 318.19 or any other criminal 435
traffic violation listed in chapter 316 must sign and accept a 436
citation indicating a promise to a ppear. The officer may 437
indicate on the traffic citation the time and location of the 438
scheduled hearing and must indicate the applicable civil penalty 439
established in s. 318.18. For all other infractions under this 440
section, except for infractions under s. 31 6.1001, the officer 441
must certify by electronic, electronic facsimile, or written 442
signature that the citation was delivered to the person cited. 443
This certification is prima facie evidence that the person cited 444
was served with the citation. 445
Section 4. Paragraphs (b) and (c) of subsection (5) of 446
section 318.18, Florida Statutes, are amended to read: 447
318.18 Amount of penalties. —The penalties required for a 448
noncriminal disposition pursuant to s. 318.14 or a criminal 449
offense listed in s. 318.17 are as follo ws: 450
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(5) 451
(b) Four hundred dollars for a violation of s. 452
316.172(1)(b), passing a school bus on the side that children 453
enter and exit when the school bus displays a stop signal. If, 454
at a hearing, the alleged offender is found to have committed 455
this offense, the cou rt shall impose a minimum civil penalty of 456
$400. In addition to this penalty, for a second or subsequent 457
offense within a period of 5 years, the department shall suspend 458
the driver license of the person for not less than 360 days and 459
not more than 2 years. If a violation of s. 316.172(1)(b) is 460
enforced by a school bus infraction detection system pursuant to 461
s. 316.173, the penalty under this paragraph is $200, in lieu of 462
the $400 penalty, and the court must impose a minimum civil 463
penalty under this paragrap h of $200, in lieu of the $400 464
minimum civil penalty. 465
(c) In addition to the penalty under paragraph (a) or 466
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 467
If the alleged offender is found to have committed the offense, 468
the court shall impose the civil penalty under paragraph (a) or 469
paragraph (b) plus an additional $65. The additional $65 470
collected under this paragraph shall be remitted to the 471
Department of Revenue for deposit into the Emergency Medical 472
Services Trust Fund of the Department of Health to be used as 473
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 474
(b) is enforced by a school bus infraction detection system 475
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pursuant to s. 316.173, the additional amount imposed on the 476
uniform traffic citation or by the court under this paragraph 477
shall be $25, in lieu of the additional $65, and must be 478
dedicated to the safe schools allocation provided to school 479
districts by the Department of Education pursuant to s. 480
1011.62(12). 481
Section 5. Paragraph (d) of subsection (3) of secti on 482
322.27, Florida Statutes, is amended to read: 483
322.27 Authority of department to suspend or revoke driver 484
license or identification card. — 485
(3) There is established a point system for evaluation of 486
convictions of violations of motor vehicle laws or or dinances, 487
and violations of applicable provisions of s. 403.413(6)(b) when 488
such violations involve the use of motor vehicles, for the 489
determination of the continuing qualification of any person to 490
operate a motor vehicle. The department is authorized to su spend 491
the license of any person upon showing of its records or other 492
good and sufficient evidence that the licensee has been 493
convicted of violation of motor vehicle laws or ordinances, or 494
applicable provisions of s. 403.413(6)(b), amounting to 12 or 495
more points as determined by the point system. The suspension 496
shall be for a period of not more than 1 year. 497
(d) The point system shall have as its basic element a 498
graduated scale of points assigning relative values to 499
convictions of the following violations: 500
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1. Reckless driving, willful and wanton —4 points. 501
2. Leaving the scene of a crash resulting in property 502
damage of more than $50 —6 points. 503
3. Unlawful speed, or unlawful use of a wireless 504
communications device, resulting in a crash —6 points. 505
4. Passing a stopped school bus: 506
a. Not causing or resulting in serious bodily injury to or 507
death of another—4 points. 508
b. Causing or resulting in serious bodily injury to or 509
death of another—6 points. 510
c. No points shall be imposed for a violation of passing a 511
stopped school bus when enforced by a school bus infraction 512
detection system. In addition, a violation of s. 316.172(1)(a) 513
or (b) when enforced by a school bus infraction detection system 514
pursuant to s. 316.173 may not be used for purposes of setting 515
motor vehicle insurance rates. 516
5. Unlawful speed: 517
a. Not in excess of 15 miles per hour of lawful or posted 518
speed—3 points. 519
b. In excess of 15 miles per hour of lawful or posted 520
speed—4 points. 521
6. A violation of a traffic control signal device as 522
provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 523
However, no points shall be imposed for a violation of s. 524
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 525
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stop at a traffic signal and when enforced by a traffic 526
infraction enforcement off icer. In addition, a violation of s. 527
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 528
stop at a traffic signal and when enforced by a traffic 529
infraction enforcement officer may not be used for purposes of 530
setting motor vehicle insurance rates. 531
7. All other moving violations (including parking on a 532
highway outside the limits of a municipality) —3 points. However, 533
no points shall be imposed for a violation of s. 316.0741 or s. 534
316.2065(11); and points shall be imposed for a violation of s. 535
316.1001 only when imposed by the court after a hearing pursuant 536
to s. 318.14(5). 537
8. Any moving violation covered in this paragraph, 538
excluding unlawful speed and unlawful use of a wireless 539
communications device, resulting in a crash —4 points. 540
9. Any conviction under s. 403.413(6)(b) —3 points. 541
10. Any conviction under s. 316.0775(2) —4 points. 542
11. A moving violation covered in this paragraph which is 543
committed in conjunction with the unlawful use of a wireless 544
communications device within a school safety zo ne—2 points, in 545
addition to the points assigned for the moving violation. 546
Section 6. Paragraph (h) is added to subsection (3) of 547
section 1006.21, Florida Statutes, to read: 548
1006.21 Duties of district school superintendent and 549
district school board re garding transportation. — 550
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(3) District school boards, after considering 551
recommendations of the district school superintendent: 552
(h) May install and operate, or enter into an agreement 553
with a private vendor or manufacturer to provide, a school bus 554
infraction detection system pursuant to s. 316.173. 555
Section 7. Paragraph (a) of subsection (3) of section 556
316.306, Florida Statutes, is amended to read: 557
316.306 School and work zones; prohibition on the use of a 558
wireless communications device in a handheld manner.— 559
(3)(a)1. A person may not operate a motor vehicle while 560
using a wireless communications device in a handheld manner in a 561
designated school crossing, school zone, or work zone area as 562
defined in s. 316.003(110) s. 316.003(109). This subparagraph 563
shall only be applicable to work zone areas if construction 564
personnel are present or are operating equipment on the road or 565
immediately adjacent to the work zone area. For the purposes of 566
this paragraph, a motor vehicle that is stationary is not being 567
operated and is not subject to the prohibition in this 568
paragraph. 569
2. Effective January 1, 2020, a law enforcement officer 570
may stop motor vehicles and issue citations to persons who are 571
driving while using a wireless communications device in a 572
handheld manner in violation of subparagraph 1. 573
Section 8. Subsection (1) of section 655.960, Florida 574
Statutes, is amended to read: 575
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655.960 Definitions; ss. 655.960 -655.965.—As used in this 576
section and ss. 655.961 -655.965, unless the context otherwise 577
requires: 578
(1) "Access area" means any paved walkway or sidewalk 579
which is within 50 feet of any automated teller machine. The 580
term does not include any street or highway open to the use of 581
the public, as defined in s. 316.003(88)(a) s. 316.003(87)(a) or 582
(b), including any adjacent sidewalk, as defined in s. 316.003. 583
Section 9. This act shall take effect July 1, 2023. 584