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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 school district or the private vendor or 29
manufacturer to submit specified information to such 30
law enforcement agencies within a specified timeframe; 31
providing notification requirements and procedures for 32
law enforcement agencies; requiring a person who 33
receives a notice of violation to pay the civil 34
penalty or request a hearing within a specified 35
timeframe; providing for waiver of challenge or 36
dispute as to the delivery of a notice of violation; 37
providing for the distribution and use of funds; 38
providing requirements for issuance of a uniform 39
traffic citation; providing for waiver of challenge or 40
dispute as to the delivery of the uniform traffic 41
citation; providing notification requirements and 42
procedures; specifying that the registered owner of a 43
motor vehicle is responsible and liable for paying a 44
uniform traffic citation; providing exceptions; 45
requiring the registered owner of a motor vehicle to 46
furnish an affidavit under certain circumstances; 47
specifying requirements for such affidavit; providing 48
a criminal penalty for submitting a false affidavit; 49
providing that certain recorded video and images are 50
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admissible in certain proceedings; providing a 51
rebuttable presumption; providing construction; 52
specifying requirements of and prohibitions on the use 53
of video and images recorded by the school bus 54
infraction detection system; requiring school 55
districts to submit a quarterly report to the 56
Department of Highway Sa fety and Motor Vehicles and to 57
maintain certain data for a certain period; requiring 58
the department to submit an annual summary report to 59
the Governor and Legislature; requiring school bus 60
infraction detection systems to meet State Board of 61
Education specifications; requiring the state board to 62
establish certain specifications by rule by a 63
specified date; authorizing the state board to adopt 64
rules regarding student privacy; amending s. 318.14, 65
F.S.; conforming provisions to changes made by the 66
act; amending s. 318.18, F.S.; providing civil 67
penalties for school bus passing violations enforced 68
by a school bus infraction detection system; providing 69
for dedication of a certain portion thereof; providing 70
conditions under which a case may be dismissed; 71
amending s. 322.27, F.S.; prohibiting points from 72
being imposed against a driver license for school bus 73
passing violations enforced by a school bus infraction 74
detection system; prohibiting such violations from 75
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being used to set motor vehicle insurance rates; 76
amending ss. 1006.21, 316.306, and 655.960, F.S.; 77
conforming cross-references and provisions to changes 78
made by the act; providing an effective date. 79
80
Be It Enacted by the Legislature of the State of Florida: 81
82
Section 1. Subsections (78) through (109) of s ection 83
316.003, Florida Statutes, are renumbered as subsections (79) 84
through (110), respectively, subsection (64) is amended, and a 85
new subsection (78) is added to that section, to read: 86
316.003 Definitions. —The following words and phrases, when 87
used in this chapter, shall have the meanings respectively 88
ascribed to them in this section, except where the context 89
otherwise requires: 90
(64) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 91
provided in paragraph (88)(b) (87)(b), any privately owned way 92
or place used for vehicular travel by the owner and those having 93
express or implied permission from the owner, but not by other 94
persons. 95
(78) SCHOOL BUS INFRACTION DETECTION SYSTEM. —A camera 96
system affixed to a school bus with two or more camera sensors 97
or computers that produce a recorded video and two or more film 98
or digital photographic still images for the purpose of 99
documenting a motor vehicle being used or operated in a manner 100
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that allegedly violates s. 316.172(1)(a) or (b). 101
Section 2. Section 316.173, Fl orida Statutes, is created 102
to read: 103
316.173 School bus infraction detection systems. — 104
(1)(a) A school district may install and operate a school 105
bus infraction detection system on a school bus for the purpose 106
of enforcing s. 316.172(1)(a) and (b) as pro vided in and 107
consistent with this section. 108
(b) The school district may contract with a private vendor 109
or manufacturer to install a school bus infraction detection 110
system on any school bus within its fleet, whether owned, 111
contracted, or leased, and for se rvices including, but not 112
limited to, the installation, operation, and maintenance of the 113
system. The school district's decision to install school bus 114
infraction detection systems must be based solely on the need to 115
increase public safety. An individual ma y not receive a 116
commission from any revenue collected from violations detected 117
through the use of a school bus infraction detection system. A 118
private vendor or manufacturer may not receive a fee or 119
remuneration based upon the number of violations detected 120
through the use of a school bus infraction detection system. 121
(c) The school district must ensure that each school bus 122
infraction detection system meets the requirements of subsection 123
(18). 124
(d) The school district must enter into an interlocal 125
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agreement with one or more law enforcement agencies authorized 126
to enforce violations of s. 316.172(1)(a) and (b) within the 127
school district which jointly establishes the responsibilities 128
of enforcement and the reimbursement of costs associated with 129
school bus infraction detection systems consistent with this 130
section. 131
(2)(a) The school district must post high -visibility 132
reflective signage on the rear of each school bus in which a 133
school bus infraction detection system is installed and 134
operational which indicates th e use of such system. The signage 135
must be in the form of one or more signs or stickers and must 136
contain the following elements in substantially the following 137
form: 138
1. The words "STOP WHEN RED LIGHTS FLASH" or "DO NOT PASS 139
WHEN RED LIGHTS FLASH." 140
2. The words "CAMERA ENFORCED." 141
3. A graphic depiction of a camera. 142
(b) The signage must occupy at least 75 percent of the 143
available space that does not contain signs or insignia that are 144
required by other applicable law or by the State Board of 145
Education. 146
(c) The sufficiency of signage or compliance with the 147
signage requirements under this subsection may not be raised in 148
a proceeding challenging a violation of s. 316.172(1)(a) or (b). 149
(3) If a school district that has never conducted a school 150
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bus infraction detection system program begins such a program, 151
the school district must make a public announcement and conduct 152
a public awareness campaign of the proposed use of school bus 153
infraction detection systems at least 30 days before commencing 154
enforcement under the school bus infraction detection system 155
program and notify the public of the specific date on which the 156
program will commence. During the 30 -day public awareness 157
campaign, only a warning may be issued to the registered owner 158
of a motor vehicle for a violation of s. 316.172(1)(a) or (b) 159
enforced by a school bus infraction detection system, and a 160
civil penalty may not be imposed under chapter 318 . 161
(4) Within 30 days after an alleged violation of s. 162
316.172(1)(a) or (b) is recorded by a school bus inf raction 163
detection system, the school district or the private vendor or 164
manufacturer with whom the school district has entered into a 165
contract pursuant to paragraph (1)(b) must submit the following 166
information to a law enforcement agency that has entered in to an 167
interlocal agreement with the school district pursuant to 168
paragraph (1)(d) and has traffic infraction enforcement 169
jurisdiction at the location where the alleged violation 170
occurred: 171
(a) A copy of the recorded video and images showing the 172
motor vehicle allegedly violating s. 316.172(1)(a) or (b). 173
(b) The motor vehicle's license plate number and the state 174
of issuance of the motor vehicle's license plate. 175
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(c) The date, time, and location of the alleged violation. 176
(5) Within 30 days after receiving the information 177
required in subsection (4), the law enforcement agency, if it 178
determines that the motor vehicle violated s. 316.172(1)(a) or 179
(b), must send notice of violation to the registered owner of 180
the motor vehicle involved in the violation specifyi ng the 181
remedies available under s. 318.14 and that the violator must 182
pay the penalty under s. 318.18(5) or furnish an affidavit in 183
accordance with subsection (10) within 30 days after the notice 184
of violation is sent in order to avoid court fees, costs, and 185
the issuance of a uniform traffic citation. The notice of 186
violation must be sent by first -class mail and include all of 187
the following: 188
(a) A copy of one or more recorded images showing the 189
motor vehicle involved in the violation, including an image 190
showing the license plate of the motor vehicle. 191
(b) The date, time, and location of the violation. 192
(c) The amount of the civil penalty, the date by which the 193
civil penalty must be paid, and instructions on how to pay the 194
civil penalty. 195
(d) Instructions on how to request a hearing to contest 196
liability or the notice of violation. 197
(e) A notice that the owner has the right to review, in 198
person or remotely, the video and images recorded by the school 199
bus infraction detection system which constitute a rebutta ble 200
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presumption that the motor vehicle was used in violation of s. 201
316.172(1)(a) or (b). 202
(f) The time when, and the place or website at which, the 203
recorded video and images may be examined and observed. 204
(g) A warning that failure to pay the civil penal ty or to 205
contest liability within 30 days after the notice is sent will 206
result in the issuance of a uniform traffic citation. 207
(6) If the registered owner or co -owner of the motor 208
vehicle; the person identified as having care, custody, or 209
control of the motor vehicle at the time of the violation; or an 210
authorized representative of the owner, co -owner, or identified 211
person initiates a proceeding to challenge the violation, such 212
person waives any challenge or dispute as to the delivery of the 213
notice of violation. 214
(7) The civil penalties assessed and collected for a 215
violation of s. 316.172(1)(a) or (b) enforced by a school bus 216
infraction detection system must be remitted to the school 217
district in which the violation occurred. Such civil penalties 218
must be used for the installation or maintenance of school bus 219
infraction detection systems on school buses, for any other 220
technology that increases the safety of the transportation of 221
students, or for the administration and costs associated with 222
the enforcement of v iolations as described in this section. 223
(8) A uniform traffic citation must be issued by mailing 224
the uniform traffic citation by certified mail to the address of 225
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the registered owner of the motor vehicle involved in the 226
violation if payment has not been made within 30 days after 227
notification under subsection (5) and if the registered owner 228
has not submitted an affidavit in accordance with subsection 229
(10). 230
(a) Delivery of the uniform traffic citation constitutes 231
notification of a violation under this sub section. If the 232
registered owner or co -owner of the motor vehicle; the person 233
identified as having care, custody, or control of the motor 234
vehicle at the time of the violation; or a duly authorized 235
representative of the owner, co -owner, or identified person 236
initiates a proceeding to challenge the citation , such person 237
waives any challenge or dispute as to the delivery of the 238
uniform traffic citation. 239
(b) In the case of joint ownership of a motor vehicle, the 240
uniform traffic citation must be mailed to the f irst name 241
appearing on the motor vehicle registration, unless the first 242
name appearing on the registration is a business organization, 243
in which case the second name appearing on the registration may 244
be used. 245
(c) The uniform traffic citation mailed to the registered 246
owner of the motor vehicle involved in the violation must be 247
accompanied by information described in paragraphs (5)(a) -(f). 248
(9) The registered owner of the motor vehicle involved in 249
the violation is responsible and liable for paying the unifo rm 250
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traffic citation issued for a violation of s. 316.172(1)(a) or 251
(b) unless the owner can establish that: 252
(a) The motor vehicle was, at the time of the violation, 253
in the care, custody, or control of another person; 254
(b) A uniform traffic citation was issued by a law 255
enforcement officer to the driver of the motor vehicle for the 256
alleged violation of s. 316.172(1)(a) or (b); or 257
(c) The motor vehicle's owner was deceased on or before 258
the date of the alleged violation, as established by an 259
affidavit submitted by the representative of the motor vehicle 260
owner's estate or other identified person or family member. 261
(10) To establish such facts under subsection (9), the 262
registered owner of the motor vehicle must, within 30 days after 263
the date of issuance of t he notice of violation or the uniform 264
traffic citation, furnish to the law enforcement agency that 265
issued the notice of violation or uniform traffic citation an 266
affidavit setting forth information supporting an exception 267
under subsection (9). 268
(a) An affidavit supporting the exception under paragraph 269
(9)(a) must include the name, address, date of birth, and, if 270
known, the driver license number of the person who leased, 271
rented, or otherwise had care, custody, or control of the motor 272
vehicle at the time of t he alleged violation. If the motor 273
vehicle was stolen at the time of the alleged violation, the 274
affidavit must include the police report indicating that the 275
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motor vehicle was stolen. 276
(b) If a uniform traffic citation for a violation of s. 277
316.172(1)(a) or (b) was issued at the location of the violation 278
by a law enforcement officer, the affidavit must include the 279
serial number of the uniform traffic citation. 280
(c) If the motor vehicle's owner to whom a notice of 281
violation or a uniform traffic citation ha s been issued is 282
deceased, the affidavit must include a certified copy of the 283
owner's death certificate showing that the date of death 284
occurred on or before the date of the alleged violation and one 285
of the following: 286
1. A bill of sale or other document s howing that the 287
deceased owner's motor vehicle was sold or transferred after his 288
or her death but on or before the date of the alleged violation. 289
2. Documented proof that the registered license plate 290
belonging to the deceased owner's motor vehicle was re turned to 291
the department or any branch office or authorized agent of the 292
department after his or her death but on or before the date of 293
the alleged violation. 294
3. A copy of the police report showing that the deceased 295
owner's registered license plate or mo tor vehicle was stolen 296
after his or her death but on or before the date of the alleged 297
violation. 298
299
Upon receipt of the affidavit and documentation required under 300
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paragraphs (b) and (c), or 30 days after the date of issuance of 301
a notice of violation sent to a person identified as having 302
care, custody, or control of the motor vehicle at the time of 303
the violation under paragraph (a), the law enforcement agency 304
must dismiss the notice or citation and provide proof of such 305
dismissal to the person who submitted t he affidavit. If, within 306
30 days after the date of a notice of violation sent to a person 307
under subsection (11), the law enforcement agency receives an 308
affidavit under subsection (12) from the person who was sent a 309
notice of violation affirming that the pe rson did not have care, 310
custody, or control of the motor vehicle at the time of the 311
violation, the law enforcement agency must notify the registered 312
owner that the notice or citation will not be dismissed due to 313
failure to establish that another person had care, custody, or 314
control of the motor vehicle at the time of the violation. 315
(11) Upon receipt of an affidavit under paragraph (9)(a) , 316
the law enforcement agency may issue the person identified as 317
having care, custody, or control of the motor vehicle at the 318
time of the violation a notice of violation pursuant to 319
subsection (5) for a violation of s. 316.172(1)(a) or (b). The 320
affidavit is admissible in a proceeding pursuant to this section 321
for the purpose of providing evidence that the person identified 322
in the affidavit was in actual care, custody, or control of the 323
motor vehicle. The owner of a leased motor vehicle for which a 324
uniform traffic citation is issued for a violation of s. 325
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316.172(1)(a) or (b) is not responsible for paying the uniform 326
traffic citation and is not required to submit an affidavit as 327
specified in subsection (10) if the motor vehicle involved in 328
the violation is registered in the name of the lessee of such 329
motor vehicle. 330
(12) If a law enforcement agency receives an affidavit 331
under paragraph (9)(a), the notice of violation required under 332
subsection (5) must be sent to the person identified in the 333
affidavit within 30 days after receipt of the affidavit. The 334
person identified in an affidavit and sent a notice of violation 335
may also affirm he or she did not have care, custody, or control 336
of the motor vehicle at the time of the violation by furnishing 337
to the appropriate law enforcement agency within 30 days after 338
the date of the notice of violation an affidavit stating such. 339
(13) The submission of a false affidavit is a misdemeanor 340
of the second degree, punishable as provided in s. 775.082 or s. 341
775.083. 342
(14) The video and images recorded by a school bus 343
infraction detection system which are attached to or referenced 344
in the uniform traffi c citation are evidence of a violation of 345
s. 316.172(1)(a) or (b) and are admissible in any proceeding to 346
enforce this section. The recorded video and images raise a 347
rebuttable presumption that the motor vehicle shown in the 348
recorded video and images was u sed in violation of s. 349
316.172(1)(a) or (b). 350
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(15) This section supplements the enforcement of s. 351
316.172(1)(a) and (b) by a law enforcement officer and does not 352
prohibit a law enforcement officer from issuing a uniform 353
traffic citation for a violation of s. 316.172(1)(a) or (b). 354
(16)(a)1. Notwithstanding any other law, equipment 355
deployed as part of a school bus infraction detection system as 356
provided under this section may not be capable of automated or 357
user-controlled remote surveillance. 358
2. Video and images recorded as part of the school bus 359
infraction detection system may only be used to document 360
violations of s. 316.172(1)(a) and (b) and may not be used for 361
any other surveillance purposes. 362
3. To the extent practicable, a school bus infraction 363
detection system must use necessary technology to ensure that 364
personal identifying information contained in the video or still 365
images recorded by the system which is not relevant to the 366
alleged violation, including, but not limited to, the identity 367
of the driver and any passenger of a motor vehicle, the interior 368
or contents of a motor vehicle, the identity of an uninvolved 369
person, a number identifying the address of a private residence, 370
and the contents or interior of a private residence, is 371
sufficiently obscured so as not to reveal such personal 372
identifying information. 373
4. A notice of a violation or uniform traffic citation 374
issued under this section may not be dismissed solely because a 375
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recorded video or still images reveal personal identifying 376
information as provided in subparagraph 3. as long as a 377
reasonable effort has been made to comply with this subsection. 378
(b) Any recorded video or still image obtained through the 379
use of a school bus infraction detection system must be 380
destroyed within 90 days after t he final disposition of the 381
recorded event. The vendor of the school bus infraction 382
detection system must provide the school district with written 383
notice by December 31 of each year that such records have been 384
destroyed in accordance with this section. 385
(c) Notwithstanding any other law, registered motor 386
vehicle owner information obtained as a result of the operation 387
of a school bus infraction detection system is not the property 388
of the manufacturer or vendor of the system and may be used only 389
for the purposes of this section. 390
(17)(a) By October 1, 2023, and quarterly thereafter, each 391
school district, in consultation with the law enforcement 392
agencies with which it has interlocal agreements pursuant to 393
this section, operating a school bus infraction detect ion system 394
must submit a report to the department which details the results 395
of the school bus infraction detection systems in the school 396
district in the preceding quarter. The information from the 397
school districts must be submitted in a form and manner 398
determined by the department, which the department must make 399
available to the school districts by August 1, 2023, and must 400
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include at least the following: 401
1. The number of school buses that have a school bus 402
infraction detection system installed, including the date of 403
installation and, if applicable, the date the systems were 404
removed. 405
2. The number of notices of violations issued, the number 406
that were contested, the number that were upheld, the number 407
that were dismissed, the number that were issued as uni form 408
traffic citations, and the number that were paid. 409
3. Data for each infraction to determine locations in need 410
of safety improvements. Such data must include, but is not 411
limited to, global positioning system coordinates of the 412
infraction, the date and time of the infraction, and the name of 413
the school to or from which the school bus was transporting 414
students. 415
4. Any other statistical data and information required by 416
the department to complete the report required by paragraph (c). 417
(b) Each school district that operates a school bus 418
infraction detection system is responsible for and must maintain 419
its respective data for reporting purposes under this subsection 420
for at least 2 years after such data is reported to the 421
department. 422
(c) On or before Decem ber 31, 2024, and annually 423
thereafter, the department must submit a summary report to the 424
Governor, the President of the Senate, and the Speaker of the 425
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House of Representatives regarding the use and operation of 426
school bus infraction detection systems unde r this section, 427
along with the department's recommendations and any recommended 428
legislation. The summary report must include a review of the 429
information submitted to the department by the school districts 430
and must describe the enhancement of traffic safety and 431
enforcement programs. 432
(18) A school bus infraction detection system must meet 433
specifications established by the State Board of Education and 434
must be tested at regular intervals according to specifications 435
prescribed by state board rule. The state bo ard must establish 436
such specifications by rule on or before December 31, 2023. 437
However, any such equipment acquired by purchase, lease, or 438
other arrangement under an agreement entered into by a school 439
district on or before December 31, 2023, is not require d to meet 440
the specifications established by the state board until July 1, 441
2024. 442
(19) The State Board of Education may adopt rules to 443
address student privacy concerns that may arise from the use of 444
a school bus infraction detection system. 445
Section 3. Subsection (2) of section 318.14, Florida 446
Statutes, is amended to read: 447
318.14 Noncriminal traffic infractions; exception; 448
procedures.— 449
(2) Except as provided in ss. 316.1001(2) , and 316.0083, 450
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and 316.173, any person cited for a violation requiring a 451
mandatory hearing listed in s. 318.19 or any other criminal 452
traffic violation listed in chapter 316 must sign and accept a 453
citation indicating a promise to appear. The officer may 454
indicate on the traffic citati on the time and location of the 455
scheduled hearing and must indicate the applicable civil penalty 456
established in s. 318.18. For all other infractions under this 457
section, except for infractions under s. 316.1001, the officer 458
must certify by electronic, elect ronic facsimile, or written 459
signature that the citation was delivered to the person cited. 460
This certification is prima facie evidence that the person cited 461
was served with the citation. 462
Section 4. Paragraphs (b) and (c) of subsection (5) of 463
section 318.18, Florida Statutes, are amended, and paragraph (e) 464
is added to that subsection, to read: 465
318.18 Amount of penalties. —The penalties required for a 466
noncriminal disposition pursuant to s. 318.14 or a criminal 467
offense listed in s. 318.17 are as follows: 468
(5) 469
(b)1. Four hundred dollars for a violation of s. 470
316.172(1)(b), passing a school bus on the side that children 471
enter and exit when the school bus displays a stop signal. If, 472
at a hearing, the alleged offender is found to have committed 473
this offense, the court shall impose a minimum civil penalty of 474
$400. 475
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2. If a violation of s. 316.172(1)(b) is enforced by a 476
school bus infraction detection system pursuant to s. 316.173, 477
the penalty under this paragraph is $200. If, at a hearing, the 478
alleged offender is found to have committed the violation, the 479
court shall impose a minimum civil penalty of $200. 480
3. In addition to this penalty, for a second or subsequent 481
offense within a period of 5 years, the department shall suspend 482
the driver license of the perso n for not less than 360 days and 483
not more than 2 years. 484
(c) In addition to the penalty under paragraph (a) or 485
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 486
If the alleged offender is found to have committed the offense, 487
the court shall impose the civil penalty under paragraph (a) or 488
paragraph (b) plus an additional $65. The additional $65 489
collected under this paragraph shall be remitted to the 490
Department of Revenue for deposit into the Emergency Medical 491
Services Trust Fund of the Departme nt of Health to be used as 492
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 493
(b) is enforced by a school bus infraction detection system 494
pursuant to s. 316.173, the additional amount imposed on the 495
uniform traffic citation or by the court unde r this paragraph is 496
$25, in lieu of the additional $65, and must be dedicated to the 497
safe schools allocation provided to school districts by the 498
Department of Education pursuant to s. 1011.62(12). 499
(e) If a person who is mailed a uniform traffic citation 500
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for a violation of s. 316.172(1)(a) or (b), as enforced by a 501
school bus infraction detection system pursuant to s. 316.173, 502
presents documentation from the appropriate law enforcement 503
agency that the uniform traffic citation was in error, the clerk 504
of court may dismiss the case. The clerk of court may not charge 505
for this service. 506
Section 5. Paragraph (d) of subsection (3) of section 507
322.27, Florida Statutes, is amended to read: 508
322.27 Authority of department to suspend or revoke driver 509
license or identification card.— 510
(3) There is established a point system for evaluation of 511
convictions of violations of motor vehicle laws or ordinances, 512
and violations of applicable provisions of s. 403.413(6)(b) when 513
such violations involve the use of motor vehicles, for the 514
determination of the continuing qualification of any person to 515
operate a motor vehicle. The department is authorized to suspend 516
the license of any person upon showing of its records or other 517
good and sufficient evidence that the licensee has been 518
convicted of violation of motor vehicle laws or ordinances, or 519
applicable provisions of s. 403.413(6)(b), amounting to 12 or 520
more points as determined by the point system. The suspension 521
shall be for a period of not more than 1 year. 522
(d) The point system shall have as its basic element a 523
graduated scale of points assigning relative values to 524
convictions of the following violations: 525
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1. Reckless driving, willful and wanton —4 points. 526
2. Leaving the scene of a crash resulting in property 527
damage of more than $50—6 points. 528
3. Unlawful speed, or unlawful use of a wireless 529
communications device, resulting in a crash —6 points. 530
4. Passing a stopped school bus: 531
a. Not causing or resulting in serious bodily injury to or 532
death of another—4 points. 533
b. Causing or resulting in serious bodily injury to or 534
death of another—6 points. 535
c. Points may not be imposed for a violation of passing a 536
stopped school bus as provided in s. 316.172(1)(a) or (b) when 537
enforced by a school bus infraction detection system pursuan t to 538
s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 539
when enforced by a school bus infraction detection system 540
pursuant to s. 316.173 may not be used for purposes of setting 541
motor vehicle insurance rates. 542
5. Unlawful speed: 543
a. Not in excess of 15 miles per hour of lawful or posted 544
speed—3 points. 545
b. In excess of 15 miles per hour of lawful or posted 546
speed—4 points. 547
6. A violation of a traffic control signal device as 548
provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 549
However, no points shall be imposed for a violation of s. 550
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316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 551
stop at a traffic signal and when enforced by a traffic 552
infraction enforcement officer. In addition, a violation of s. 553
316.074(1) or s. 316.075( 1)(c)1. when a driver has failed to 554
stop at a traffic signal and when enforced by a traffic 555
infraction enforcement officer may not be used for purposes of 556
setting motor vehicle insurance rates. 557
7. All other moving violations (including parking on a 558
highway outside the limits of a municipality) —3 points. However, 559
no points shall be imposed for a violation of s. 316.0741 or s. 560
316.2065(11); and points shall be imposed for a violation of s. 561
316.1001 only when imposed by the court after a hearing pursuant 562
to s. 318.14(5). 563
8. Any moving violation covered in this paragraph, 564
excluding unlawful speed and unlawful use of a wireless 565
communications device, resulting in a crash —4 points. 566
9. Any conviction under s. 403.413(6)(b) —3 points. 567
10. Any conviction under s. 316.0775(2)—4 points. 568
11. A moving violation covered in this paragraph which is 569
committed in conjunction with the unlawful use of a wireless 570
communications device within a school safety zone —2 points, in 571
addition to the points assigned for the moving violation. 572
Section 6. Paragraph (h) is added to subsection (3) of 573
section 1006.21, Florida Statutes, to read: 574
1006.21 Duties of district school superintendent and 575
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district school board regarding transportation. — 576
(3) District school boards, after considering 577
recommendations of the district school superintendent: 578
(h) May install and operate, or enter into an agreement 579
with a private vendor or manufacturer to provide, a school bus 580
infraction detection system pursuant to s. 316.173. 581
Section 7. Paragraph (a) of subsection (3) of section 582
316.306, Florida Statutes, is amended to read: 583
316.306 School and work zones; prohibition on the use of a 584
wireless communications device in a handheld manner. — 585
(3)(a)1. A person may not operate a motor vehicle while 586
using a wireless communications device in a handheld manner in a 587
designated school crossing, school zone, or work zone area as 588
defined in s. 316.003(110) s. 316.003(109). This subparagraph 589
shall only be applicable to work zone areas if construction 590
personnel are present or are operating equipment on the road or 591
immediately adjacent to the work zone area. For the purposes of 592
this paragraph, a motor vehicle that is stationary is not being 593
operated and is not subject to the prohibition in this 594
paragraph. 595
2. Effective January 1, 2020, a law enforcement officer 596
may stop motor vehicles and issue citations to persons who are 597
driving while using a wireless communications device in a 598
handheld manner in violation of subparagraph 1. 599
Section 8. Subsection (1 ) of section 655.960, Florida 600
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Statutes, is amended to read: 601
655.960 Definitions; ss. 655.960 -655.965.—As used in this 602
section and ss. 655.961 -655.965, unless the context otherwise 603
requires: 604
(1) "Access area" means any paved walkway or sidewalk 605
which is within 50 feet of any automated teller machine. The 606
term does not include any street or highway open to the use of 607
the public, as defined in s. 316.003(88)(a) s. 316.003(87)(a) or 608
(b), including any adjacent sidewalk, as defined in s. 316.003. 609
Section 9. This act shall take effect July 1, 2023. 610