CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 1 of 25
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
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 2 of 25
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
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 3 of 25
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
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 in a 57
form and manner determined by the department; 58
providing report requirements; requiring school 59
districts to retain certain information for a 60
specified period; requiring the department to submit 61
an annual summary report to the Go vernor and 62
Legislature; requiring school bus infraction detection 63
systems to meet State Board of Education 64
specifications; requiring the state board to establish 65
certain specifications by rule by a specified date; 66
authorizing the state board to adopt rules regarding 67
student privacy; amending s. 318.14, F.S.; conforming 68
provisions to changes made by the act; amending s. 69
318.18, F.S.; providing civil penalties for school bus 70
passing violations enforced by a school bus infraction 71
detection system; providing fo r dedication of a 72
certain portion thereof; providing conditions under 73
which a case may be dismissed; amending s. 322.27, 74
F.S.; prohibiting points from being imposed against a 75
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 4 of 25
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
driver license for school bus passing violations 76
enforced by a school bus infract ion detection system; 77
prohibiting such violations from being used to set 78
motor vehicle insurance rates; amending ss. 1006.21, 79
316.306, and 655.960, F.S.; conforming cross -80
references and provisions to changes made by the act; 81
providing an effective date. 82
83
Be It Enacted by the Legislature of the State of Florida: 84
85
Section 1. Subsections (78) through (109) of section 86
316.003, Florida Statutes, are renumbered as subsections (79) 87
through (110), respectively, subsection (64) is amended, and a 88
new subsection (78) is added to that section, to read: 89
316.003 Definitions. —The following words and phrases, when 90
used in this chapter, shall have the meanings respectively 91
ascribed to them in this section, except where the context 92
otherwise requires: 93
(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 94
provided in paragraph (88)(b) (87)(b), any privately owned way 95
or place used for vehicular travel by the owner and those having 96
express or implied permission from the owner, but not by other 97
persons. 98
(78) SCHOOL BUS INFRACTION DETECTION SYSTEM. —A camera 99
system affixed to a school bus with two or more camera sensors 100
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 5 of 25
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
or computers that produce a recorded video and two or more film 101
or digital photographic still images for the purpose of 102
documenting a motor vehicle being used or operated in a manner 103
that allegedly violates s. 316.172(1)(a) or (b). 104
Section 2. Section 316.173, Florida Statutes, is created 105
to read: 106
316.173 School bus infraction detection systems. — 107
(1)(a) A school district may install and operate a sch ool 108
bus infraction detection system on a school bus for the purpose 109
of enforcing s. 316.172(1)(a) and (b) as provided in and 110
consistent with this section. 111
(b) The school district may contract with a private vendor 112
or manufacturer to install a school bus infraction detection 113
system on any school bus within its fleet, whether owned, 114
contracted, or leased, and for services including, but not 115
limited to, the installation, operation, and maintenance of the 116
system. The school district's decision to install scho ol bus 117
infraction detection systems must be based solely on the need to 118
increase public safety. An individual may not receive a 119
commission from any revenue collected from violations detected 120
through the use of a school bus infraction detection system. A 121
private vendor or manufacturer may not receive a fee or 122
remuneration based upon the number of violations detected 123
through the use of a school bus infraction detection system. 124
(c) The school district must ensure that each school bus 125
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 6 of 25
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 sys tem meets the requirements of subsection 126
(18). 127
(d) The school district must enter into an interlocal 128
agreement with one or more law enforcement agencies authorized 129
to enforce violations of s. 316.172(1)(a) and (b) within the 130
school district which jointly establishes the responsibilities 131
of enforcement and the reimbursement of costs associated with 132
school bus infraction detection systems consistent with this 133
section. 134
(2)(a) The school district must post high -visibility 135
reflective signage on the rear of e ach school bus in which a 136
school bus infraction detection system is installed and 137
operational which indicates the use of such system. The signage 138
must be in the form of one or more signs or stickers and must 139
contain the following elements in substantially the following 140
form: 141
1. The words "STOP WHEN RED LIGHTS FLASH" or "DO NOT PASS 142
WHEN RED LIGHTS FLASH." 143
2. The words "CAMERA ENFORCED." 144
3. A graphic depiction of a camera. 145
(b) The signage must occupy at least 75 percent of the 146
available space that does not contain signs or insignia that are 147
required by other applicable law or by the State Board of 148
Education. 149
(c) The sufficiency of signage or compliance with the 150
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 7 of 25
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
signage requirements under this subsection may not be raised in 151
a proceeding challengin g a violation of s. 316.172(1)(a) or (b). 152
(3) If a school district that has never conducted a school 153
bus infraction detection system program begins such a program, 154
the school district must make a public announcement and conduct 155
a public awareness campaig n of the proposed use of school bus 156
infraction detection systems at least 30 days before commencing 157
enforcement under the school bus infraction detection system 158
program and notify the public of the specific date on which the 159
program will commence. During t he 30-day public awareness 160
campaign, only a warning may be issued to the registered owner 161
of a motor vehicle for a violation of s. 316.172(1)(a) or (b) 162
enforced by a school bus infraction detection system, and a 163
civil penalty may not be imposed under chapt er 318. 164
(4) Within 30 days after an alleged violation of s. 165
316.172(1)(a) or (b) is recorded by a school bus infraction 166
detection system, the school district or the private vendor or 167
manufacturer with whom the school district has entered into a 168
contract pursuant to paragraph (1)(b) must submit the following 169
information to a law enforcement agency that has entered into an 170
interlocal agreement with the school district pursuant to 171
paragraph (1)(d) and has traffic infraction enforcement 172
jurisdiction at the lo cation where the alleged violation 173
occurred: 174
(a) A copy of the recorded video and images showing the 175
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 8 of 25
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
motor vehicle allegedly violating s. 316.172(1)(a) or (b). 176
(b) The motor vehicle's license plate number and the state 177
of issuance of the motor vehicle' s license plate. 178
(c) The date, time, and location of the alleged violation. 179
(5) Within 30 days after receiving the information 180
required in subsection (4), the law enforcement agency, if it 181
determines that the motor vehicle violated s. 316.172(1)(a) or 182
(b), must send notice of violation to the registered owner of 183
the motor vehicle involved in the violation specifying the 184
remedies available under s. 318.14 and that the violator must 185
pay the penalty under s. 318.18(5) or furnish an affidavit in 186
accordance with subsection (10) within 30 days after the notice 187
of violation is sent in order to avoid court fees, costs, and 188
the issuance of a uniform traffic citation. The notice of 189
violation must be sent by first -class mail and include all of 190
the following: 191
(a) A copy of one or more recorded images showing the 192
motor vehicle involved in the violation, including an image 193
showing the license plate of the motor vehicle. 194
(b) The date, time, and location of the violation. 195
(c) The amount of the civil penalty, the da te by which the 196
civil penalty must be paid, and instructions on how to pay the 197
civil penalty. 198
(d) Instructions on how to request a hearing to contest 199
liability or the notice of violation. 200
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 9 of 25
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
(e) A notice that the owner has the right to review, in 201
person or remotely, the video and images recorded by the school 202
bus infraction detection system which constitute a rebuttable 203
presumption that the motor vehicle was used in violation of s. 204
316.172(1)(a) or (b). 205
(f) The time when, and the place or website at whic h, the 206
recorded video and images may be examined and observed. 207
(g) A warning that failure to pay the civil penalty or to 208
contest liability within 30 days after the notice is sent will 209
result in the issuance of a uniform traffic citation. 210
(6) If the registered owner or co-owner of the motor 211
vehicle; the person identified as having care, custody, or 212
control of the motor vehicle at the time of the violation; or an 213
authorized representative of the owner, co -owner, or identified 214
person initiates a proceeding to challenge the violation, such 215
person waives any challenge or dispute as to the delivery of the 216
notice of violation. 217
(7) The civil penalties assessed and collected for a 218
violation of s. 316.172(1)(a) or (b) enforced by a school bus 219
infraction detection system must be remitted to the school 220
district in which the violation occurred. Such civil penalties 221
must be used for the installation or maintenance of school bus 222
infraction detection systems on school buses, for any other 223
technology that increases the safety of the transportation of 224
students, or for the administration and costs associated with 225
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 10 of 25
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
the enforcement of violations as described in this section. 226
(8) A uniform traffic citation must be issued by mailing 227
the uniform traffic citation by certified m ail to the address of 228
the registered owner of the motor vehicle involved in the 229
violation if payment has not been made within 30 days after 230
notification under subsection (5) and if the registered owner 231
has not submitted an affidavit in accordance with subs ection 232
(10). 233
(a) Delivery of the uniform traffic citation constitutes 234
notification of a violation under this subsection . If the 235
registered owner or co -owner of the motor vehicle; the person 236
identified as having care, custody, or control of the motor 237
vehicle at the time of the violation; or a duly authorized 238
representative of the owner, co -owner, or identified person 239
initiates a proceeding to challenge the citation , such person 240
waives any challenge or dispute as to the delivery of the 241
uniform traffic citation. 242
(b) In the case of joint ownership of a motor vehicle, the 243
uniform traffic citation must be mailed to the first name 244
appearing on the motor vehicle registrat ion, unless the first 245
name appearing on the registration is a business organization, 246
in which case the second name appearing on the registration may 247
be used. 248
(c) The uniform traffic citation mailed to the registered 249
owner of the motor vehicle involved in the violation must be 250
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 11 of 25
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
accompanied by information described in paragraphs (5)(a) -(f). 251
(9) The registered owner of the motor vehicle involved in 252
the violation is responsible and liable for paying the uniform 253
traffic citation issued for a violation of s. 3 16.172(1)(a) or 254
(b) unless the owner can establish that: 255
(a) The motor vehicle was, at the time of the violation, 256
in the care, custody, or control of another person; 257
(b) A uniform traffic citation was issued by a law 258
enforcement officer to the driver o f the motor vehicle for the 259
alleged violation of s. 316.172(1)(a) or (b); or 260
(c) The motor vehicle's owner was deceased on or before 261
the date of the alleged violation, as established by an 262
affidavit submitted by the representative of the motor vehicle 263
owner's estate or other identified person or family member. 264
(10) To establish such facts under subsection (9), the 265
registered owner of the motor vehicle must, within 30 days after 266
the date of issuance of the notice of violation or the uniform 267
traffic citation, furnish to the law enforcement agency that 268
issued the notice of violation or uniform traffic citation an 269
affidavit setting forth information supporting an exception 270
under subsection (9). 271
(a) An affidavit supporting the exception under paragraph 272
(9)(a) must include the name, address, date of birth, and, if 273
known, the driver license number of the person who leased, 274
rented, or otherwise had care, custody, or control of the motor 275
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 12 of 25
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
vehicle at the time of the alleged violation. If the motor 276
vehicle was stolen at the time of the alleged violation, the 277
affidavit must include the police report indicating that the 278
motor vehicle was stolen. 279
(b) If a uniform traffic citation for a violation of s. 280
316.172(1)(a) or (b) was issued at the location of the violation 281
by a law enforcement officer, the affidavit must include the 282
serial number of the uniform traffic citation. 283
(c) If the motor vehicle's owner to whom a notice of 284
violation or a uniform traffic citation has been issued is 285
deceased, the affidavit must include a certified copy of the 286
owner's death certificate showing that the date of death 287
occurred on or before the date of the alleged violation and one 288
of the following: 289
1. A bill of sale or other document showing that the 290
deceased owner's motor vehicle was sold or transferred after his 291
or her death but on or before the date of the alleged violation. 292
2. Documented proof that the registered license plate 293
belonging to the deceased owner's motor vehicle was returned to 294
the department or any branch office or authorized agent of the 295
department after his or her death but on or before the date of 296
the alleged violation. 297
3. A copy of the police report showing that the deceased 298
owner's registered license plate or motor vehicle was stolen 299
after his or her death but on or before the date of the alleged 300
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 13 of 25
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
violation. 301
302
Upon receipt of the affidavit and documentation required under 303
paragraphs (b) and (c), or 30 days after the date of issuance of 304
a notice of violation sent to a person identified as having 305
care, custody, or control of the motor vehicle at the time of 306
the violation under paragraph (a), the law enforcement agency 307
must dismiss the notice or citation and provide proof of such 308
dismissal to the person who submitted the affidavit. If, within 309
30 days after the dat e of a notice of violation sent to a person 310
under subsection (11), the law enforcement agency receives an 311
affidavit under subsection (12) from the person who was sent a 312
notice of violation affirming that the person did not have care, 313
custody, or control of the motor vehicle at the time of the 314
violation, the law enforcement agency must notify the registered 315
owner that the notice or citation will not be dismissed due to 316
failure to establish that another person had care, custody, or 317
control of the motor vehicl e at the time of the violation. 318
(11) Upon receipt of an affidavit under paragraph (9)(a) , 319
the law enforcement agency may issue the person identified as 320
having care, custody, or control of the motor vehicle at the 321
time of the violation a notice of violati on pursuant to 322
subsection (5) for a violation of s. 316.172(1)(a) or (b). The 323
affidavit is admissible in a proceeding pursuant to this section 324
for the purpose of providing evidence that the person identified 325
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 14 of 25
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 the affidavit was in actual care, custody, or control of the 326
motor vehicle. The owner of a leased motor vehicle for which a 327
uniform traffic citation is issued for a violation of s. 328
316.172(1)(a) or (b) is not responsible for paying the uniform 329
traffic citation and is not required to submit an affidav it as 330
specified in subsection (10) if the motor vehicle involved in 331
the violation is registered in the name of the lessee of such 332
motor vehicle. 333
(12) If a law enforcement agency receives an affidavit 334
under paragraph (9)(a), the notice of violation requir ed under 335
subsection (5) must be sent to the person identified in the 336
affidavit within 30 days after receipt of the affidavit. The 337
person identified in an affidavit and sent a notice of violation 338
may also affirm he or she did not have care, custody, or cont rol 339
of the motor vehicle at the time of the violation by furnishing 340
to the appropriate law enforcement agency within 30 days after 341
the date of the notice of violation an affidavit stating such. 342
(13) The submission of a false affidavit is a misdemeanor 343
of the second degree, punishable as provided in s. 775.082 or s. 344
775.083. 345
(14) The video and images recorded by a school bus 346
infraction detection system which are attached to or referenced 347
in the uniform traffic citation are evidence of a violation of 348
s. 316.172(1)(a) or (b) and are admissible in any proceeding to 349
enforce this section. The recorded video and images raise a 350
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 15 of 25
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
rebuttable presumption that the motor vehicle shown in the 351
recorded video and images was used in violation of s. 352
316.172(1)(a) or (b). 353
(15) This section supplements the enforcement of s. 354
316.172(1)(a) and (b) by a law enforcement officer and does not 355
prohibit a law enforcement officer from issuing a uniform 356
traffic citation for a violation of s. 316.172(1)(a) or (b). 357
(16)(a)1. Notwithstanding any other law, equipment 358
deployed as part of a school bus infraction detection system as 359
provided under this section may not be capable of automated or 360
user-controlled remote surveillance. 361
2. Video and images recorded as part of the school bus 362
infraction detection system may only be used to document 363
violations of s. 316.172(1)(a) and (b) and may not be used for 364
any other surveillance purposes. 365
3. To the extent practicable, a school bus infraction 366
detection system must use necessary technology to ensure that 367
personal identifying information contained in the video or still 368
images recorded by the system which is not relevant to the 369
alleged violation, including, but not limited to, the identity 370
of the driver and any passenger of a motor vehicle, the interior 371
or contents of a motor vehicle, the identity of an uninvolved 372
person, a number identifying the address of a private residence, 373
and the contents or interior of a private residence, is 374
sufficiently obscured so as not to reveal such personal 375
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 16 of 25
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
identifying information. 376
4. A notice of a violation or uniform traffic citation 377
issued under this section may not be dismissed solely because a 378
recorded video or still images reveal personal identifying 379
information as provided in subparagraph 3. as long as a 380
reasonable effort has been made to comply with this subsection. 381
(b) Any recorded video or still image obtained through the 382
use of a school bus infraction detection system must be 383
destroyed within 90 days after the final disposition of the 384
recorded event. The vendor of the school bus infraction 385
detection system must provide the school district with written 386
notice by December 31 of each year that such records have been 387
destroyed in accordance with this section. 388
(c) Notwithstanding any other law, registered m otor 389
vehicle owner information obtained as a result of the operation 390
of a school bus infraction detection system is not the property 391
of the manufacturer or vendor of the system and may be used only 392
for the purposes of this section. 393
(17)(a) By October 1, 2023, and quarterly thereafter, each 394
school district, in consultation with the law enforcement 395
agencies with which it has interlocal agreements pursuant to 396
this section, operating a school bus infraction detection system 397
must submit a report to the departm ent which details the results 398
of the school bus infraction detection systems in the school 399
district in the preceding quarter. The information submitted by 400
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 17 of 25
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
the school districts must be in a form and manner determined by 401
the department and must include, at a minimum: 402
1. The number of school buses that have a school bus 403
infraction detection system installed, including the date of 404
installation and, if applicable, the date the systems were 405
removed. 406
2. Per state fiscal year: 407
a. The number of notices of viol ation issued and the 408
number that were contested and upheld, the number that were 409
contested and dismissed, the number that were contested and are 410
pending decision, and the number that were paid. 411
b. The number of notices of violation that were 412
subsequently issued as uniform traffic citations and the number 413
that were contested and upheld, the number that were contested 414
and dismissed, and the number that were contested and are 415
pending decision. 416
3. To determine high -volume locations needing safety 417
improvements, data for each individual violation which includes 418
GPS coordinates of the violation, the date and time of the 419
violation, and the name of the school to or from which the 420
school bus was transporting students at the time of the 421
violation. 422
4. Any other statistical data and information required by 423
the department to complete the report required by paragraph (c). 424
(b) Each school district that submits the information 425
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 18 of 25
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
required under paragraph (a) must retain such information for 426
reporting purposes in accordan ce with this section for at least 427
5 years after the conclusion of its school bus infraction 428
detection system program. If, after the conclusion of the 429
program, a school district reactivates the program, the required 430
information retention period resumes. 431
(c) On or before December 31, 2024, and annually 432
thereafter, the department must submit a summary report to the 433
Governor, the President of the Senate, and the Speaker of the 434
House of Representatives regarding the use and operation of 435
school bus infraction d etection systems under this section, 436
along with the department's recommendations and any recommended 437
legislation. The summary report must include a review of the 438
information submitted to the department by the school districts 439
and must describe the enhancem ent of traffic safety and 440
enforcement programs. 441
(18) A school bus infraction detection system must meet 442
specifications established by the State Board of Education and 443
must be tested at regular intervals according to specifications 444
prescribed by state boa rd rule. The state board must establish 445
such specifications by rule on or before December 31, 2023. 446
However, any such equipment acquired by purchase, lease, or 447
other arrangement under an agreement entered into by a school 448
district on or before December 31, 2023, is not required to meet 449
the specifications established by the state board until July 1, 450
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 19 of 25
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
2024. 451
(19) The State Board of Education may adopt rules to 452
address student privacy concerns that may arise from the use of 453
a school bus infraction detection sy stem. 454
Section 3. Subsection (2) of section 318.14, Florida 455
Statutes, is amended to read: 456
318.14 Noncriminal traffic infractions; exception; 457
procedures.— 458
(2) Except as provided in ss. 316.1001(2) , and 316.0083, 459
and 316.173, any person cited for a violation requiring a 460
mandatory hearing listed in s. 318.19 or any other criminal 461
traffic violation listed in chapter 316 must sign and accept a 462
citation indicating a promise to appear. The officer may 463
indicate on the traffic citati on the time and location of the 464
scheduled hearing and must indicate the applicable civil penalty 465
established in s. 318.18. For all other infractions under this 466
section, except for infractions under s. 316.1001, the officer 467
must certify by electronic, elect ronic facsimile, or written 468
signature that the citation was delivered to the person cited. 469
This certification is prima facie evidence that the person cited 470
was served with the citation. 471
Section 4. Paragraphs (b) and (c) of subsection (5) of 472
section 318.18, Florida Statutes, are amended, and paragraph (e) 473
is added to that subsection, to read: 474
318.18 Amount of penalties. —The penalties required for a 475
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 20 of 25
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
noncriminal disposition pursuant to s. 318.14 or a criminal 476
offense listed in s. 318.17 are as follows: 477
(5) 478
(b)1. Four hundred dollars for a violation of s. 479
316.172(1)(b), passing a school bus on the side that children 480
enter and exit when the school bus displays a stop signal. If, 481
at a hearing, the alleged offender is found to have committed 482
this offense, the court shall impose a minimum civil penalty of 483
$400. 484
2. If a violation of s. 316.172(1)(b) is enforced by a 485
school bus infraction detection system pursuant to s. 316.173, 486
the penalty under this paragraph is $200. If, at a hearing, the 487
alleged offender is found to have committed the violation, the 488
court shall impose a minimum civil penalty of $200. 489
3. In addition to this penalty, for a second or subsequent 490
offense within a period of 5 years, the department shall suspend 491
the driver license of the perso n for not less than 360 days and 492
not more than 2 years. 493
(c) In addition to the penalty under paragraph (a) or 494
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 495
If the alleged offender is found to have committed the offense, 496
the court shall impose the civil penalty under paragraph (a) or 497
paragraph (b) plus an additional $65. The additional $65 498
collected under this paragraph shall be remitted to the 499
Department of Revenue for deposit into the Emergency Medical 500
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 21 of 25
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
Services Trust Fund of the Departme nt of Health to be used as 501
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 502
(b) is enforced by a school bus infraction detection system 503
pursuant to s. 316.173, the additional amount imposed on the 504
uniform traffic citation or by the court unde r this paragraph is 505
$25, in lieu of the additional $65, and must be dedicated to the 506
safe schools allocation provided to school districts by the 507
Department of Education pursuant to s. 1011.62(12). 508
(e) If a person who is mailed a uniform traffic citation 509
for a violation of s. 316.172(1)(a) or (b), as enforced by a 510
school bus infraction detection system pursuant to s. 316.173, 511
presents documentation from the appropriate law enforcement 512
agency that the uniform traffic citation was in error, the clerk 513
of court may dismiss the case. The clerk of court may not charge 514
for this service. 515
Section 5. Paragraph (d) of subsection (3) of section 516
322.27, Florida Statutes, is amended to read: 517
322.27 Authority of department to suspend or revoke driver 518
license or identification card.— 519
(3) There is established a point system for evaluation of 520
convictions of violations of motor vehicle laws or ordinances, 521
and violations of applicable provisions of s. 403.413(6)(b) when 522
such violations involve the use of motor vehicles, for the 523
determination of the continuing qualification of any person to 524
operate a motor vehicle. The department is authorized to suspend 525
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 22 of 25
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
the license of any person upon showing of its records or other 526
good and sufficient evidence that the licensee has been 527
convicted of violation of motor vehicle laws or ordinances, or 528
applicable provisions of s. 403.413(6)(b), amounting to 12 or 529
more points as determined by the point system. The suspension 530
shall be for a period of not more than 1 year. 531
(d) The point system shall have as its basic element a 532
graduated scale of points assigning relative values to 533
convictions of the following violations: 534
1. Reckless driving, willful and wanton —4 points. 535
2. Leaving the scene of a crash resulting in property 536
damage of more than $50—6 points. 537
3. Unlawful speed, or unlawful use of a wireless 538
communications device, resulting in a crash —6 points. 539
4. Passing a stopped school bus: 540
a. Not causing or resulting in serious bodily injury to or 541
death of another—4 points. 542
b. Causing or resulting in serious bodily injury to or 543
death of another—6 points. 544
c. Points may not be imposed for a violation of passing a 545
stopped school bus as provided in s. 316.172(1)(a) or (b) when 546
enforced by a school bus infraction detection system pursuan t to 547
s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 548
when enforced by a school bus infraction detection system 549
pursuant to s. 316.173 may not be used for purposes of setting 550
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 23 of 25
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
motor vehicle insurance rates. 551
5. Unlawful speed: 552
a. Not in excess of 15 miles per hour of lawful or posted 553
speed—3 points. 554
b. In excess of 15 miles per hour of lawful or posted 555
speed—4 points. 556
6. A violation of a traffic control signal device as 557
provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 558
However, no points shall be imposed for a violation of s. 559
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 560
stop at a traffic signal and when enforced by a traffic 561
infraction enforcement officer. In addition, a violation of s. 562
316.074(1) or s. 316.075(1) (c)1. when a driver has failed to 563
stop at a traffic signal and when enforced by a traffic 564
infraction enforcement officer may not be used for purposes of 565
setting motor vehicle insurance rates. 566
7. All other moving violations (including parking on a 567
highway outside the limits of a municipality) —3 points. However, 568
no points shall be imposed for a violation of s. 316.0741 or s. 569
316.2065(11); and points shall be imposed for a violation of s. 570
316.1001 only when imposed by the court after a hearing pursuant 571
to s. 318.14(5). 572
8. Any moving violation covered in this paragraph, 573
excluding unlawful speed and unlawful use of a wireless 574
communications device, resulting in a crash —4 points. 575
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 24 of 25
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
9. Any conviction under s. 403.413(6)(b) —3 points. 576
10. Any conviction under s . 316.0775(2)—4 points. 577
11. A moving violation covered in this paragraph which is 578
committed in conjunction with the unlawful use of a wireless 579
communications device within a school safety zone —2 points, in 580
addition to the points assigned for the moving violation. 581
Section 6. Paragraph (h) is added to subsection (3) of 582
section 1006.21, Florida Statutes, to read: 583
1006.21 Duties of district school superintendent and 584
district school board regarding transportation. — 585
(3) District school boards, after co nsidering 586
recommendations of the district school superintendent: 587
(h) May install and operate, or enter into an agreement 588
with a private vendor or manufacturer to provide, a school bus 589
infraction detection system pursuant to s. 316.173. 590
Section 7. Paragraph (a) of subsection (3) of section 591
316.306, Florida Statutes, is amended to read: 592
316.306 School and work zones; prohibition on the use of a 593
wireless communications device in a handheld manner. — 594
(3)(a)1. A person may not operate a motor vehicle wh ile 595
using a wireless communications device in a handheld manner in a 596
designated school crossing, school zone, or work zone area as 597
defined in s. 316.003(110) s. 316.003(109). This subparagraph 598
shall only be applicable to work zone areas if construction 599
personnel are present or are operating equipment on the road or 600
CS/CS/HB 741, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0741-03-e1
Page 25 of 25
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
immediately adjacent to the work zone area. For the purposes of 601
this paragraph, a motor vehicle that is stationary is not being 602
operated and is not subject to the prohibition in this 603
paragraph. 604
2. Effective January 1, 2020, a law enforcement officer 605
may stop motor vehicles and issue citations to persons who are 606
driving while using a wireless communications device in a 607
handheld manner in violation of subparagraph 1. 608
Section 8. Subsection (1) of section 655.960, Florida 609
Statutes, is amended to read: 610
655.960 Definitions; ss. 655.960 -655.965.—As used in this 611
section and ss. 655.961 -655.965, unless the context otherwise 612
requires: 613
(1) "Access area" means any paved walkway or sidewalk 614
which is within 50 feet of any automated teller machine. The 615
term does not include any street or highway open to the use of 616
the public, as defined in s. 316.003(88)(a) s. 316.003(87)(a) or 617
(b), including any adjacent sidewalk, as defined in s. 316.003. 618
Section 9. This act shall take effect July 1, 2023. 619