This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0741a.PKA
DATE: 3/27/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 741 Enforcement of School Bus Passing Infractions
SPONSOR(S): Transportation & Modals Subcommittee, Michael
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 0 N, As CS Johnson Hinshelwood
2) PreK-12 Appropriations Subcommittee Bailey Potvin
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
Under Florida law, the authorization for the use of cameras to enforce traffic laws is preempted to the state.
The only such traffic cameras currently authorized in statute are commonly known as red light cameras.
The bill authorizes the use of school bus infraction detection system, similar to a red-light camera system, to be
used to enforce traffic violations for passing a stopped school bus loading or unloading passengers. The bill:
Defines the term “school bus infraction detection system”.
Authorizes school districts to contract with a private vendor or manufacturer to enforce passing a
stopped school bus using a school bus infraction detection system.
Requires the school district to enter into an interlocal agreement with one or more law enforcement
agencies regarding enforcement using school bus infraction detection systems.
Provides requirements for issuing a notice of violation or uniform traffic citation when a school bus
infraction detection system catches a violator.
Provides for a $225 penalty for each violation using a school bus infraction detection system and
provides for the distribution of proceeds to school districts.
Provides defenses for persons who receive a notice of violation or uniform traffic citation.
Provides that images from school bus infraction detection systems may only be used to enforce school
bus violation and may not be used for other surveillance purposes.
Provides for privacy of the data obtained from school bus infraction detection systems.
Requires reporting by school districts that implement a program for school bus infraction detection
systems on school buses, and a summary report by the Department of Highway Safety and Motor
Vehicles.
Prohibits points from being imposed for a violation of unlawful speed enforced by a school bus
infraction detection system and prohibits such violations from being used for purposes of setting motor
vehicle insurance rates.
Conforms the powers of school boards to allow for the use
The bill does not have a fiscal impact to state government. The bill has an indeterminate fiscal impact on local
governments and the private sector.
The bill has an effective date of July 1, 2023.
STORAGE NAME: h0741a.PKA PAGE: 2
DATE: 3/27/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Use of Cameras for Traffic Enforcement
Florida law expressly preempts to the state the regulation of the use of cameras for enforcing the
Florida Uniform Traffic Control Law.
1
The only cameras currently authorized to enforce traffic laws are
traffic infraction detectors,
2
commonly known as red light cameras.
3
School Bus Traffic Laws
Under s. 316.172, F.S., a school bus must stop as far to the right of the street as possible and display
warning lights and stop signals before discharging or loading passengers.
4
When possible, school
buses should not stop where visibility is obscured for a distance of 200 feet from the bus.
5
When approaching a stopped school bus displaying a stop signal, a driver must bring his or her vehicle
to a full stop until the bus’s signal is withdrawn.
6
However, a driver is not required to stop if his or her
vehicle is traveling in the opposite direction of a stopped school bus on a divided highway with an
unpaved space of at least five feet, a raised median, or a physical barrier.
7
8
1
S. 316.0076, F.S. Ch. 316, F.S., is the Florida Uniform Traffic Control Law.
2
S. 316.003(98), F.S., defines the term “traffic infraction detector” to mean a vehicle sensor installed to work in conjunction with a traffic
control signal and a camera or cameras synchronized to automatically record two or more sequenced photographic or electronic
images or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked
stop line when facing a traffic control signal steady red light. Any notification under s. 316.0083(1)(b), F.S., or traffic citation issued by
the use of a traffic infraction detector must include a photograph or other recorded image showing both the license tag of the offending
vehicle and the traffic control device being violated.
3
S. 316.0083, F.S.
4
S. 316.172(3), F.S.
5
Id.
6
S. 316.172(1)(a), F.S.
7
S. 316.172(2), F.S.
8
Department of Highway Safety and Motor Vehicles, Child Safety: School Bus Safety, https://www.flhsmv.gov/safety-center/child-
safety/school-bus-safety/ (last visited Mar. 17, 2023). STORAGE NAME: h0741a.PKA PAGE: 3
DATE: 3/27/2023
A person cited for failing to stop for a school bus displaying a stop signal pursuant to s. 316.172(1)(a),
F.S., commits a moving violation and is subject to a $200 civil penalty.
9
A person cited for a moving
violation may either pay the civil penalty or request a hearing to contest the citation.
10
Additionally,
person convicted, pleads nolo contendere, or the court withholds adjudication for such violation must
attend a driver improvement course.
11
A driver who passes a school bus on the side that children enter and exit while the school bus displays
a stop signal pursuant to s. 316.172(1)(b), F.S., also commits a moving violation; however, he or she is
subject to a $400 civil penalty
12
and must attend a mandatory hearing,
13
and attend a driver
improvement course.
14
A driver who illegally passes a stopped school bus and:
Does not cause serious bodily injury or death to another, will receive four points on his or her
driver license record.
15
Causes serious bodily injury or death to another, will receive six points on his or her driver
license record and must:
16
o Serve 120 community service hours in a trauma center or hospital that regularly receives
victims of vehicle accidents;
o Participate in a victim’s impact panel session; if such panel does not exist, the driver must
attend a driver improvement course approved by the Department of Highway Safety and
Motor Vehicles (DHSMV) relating to the rights of vulnerable road users relative to vehicles
on the roadway;
17
and
o Pay a $1,500 fine and have his or her driver license suspended for at least 1 year.
18
When a driver accumulates a certain number of points on his or her driving record within a certain time
period, his or her license is suspended, as follows:
12 points in 12 months – 30-day suspension.
18 points in 18 months – 3-month suspension.
24 points in 36 months – 12-month suspension.
19
School Bus Stop Arm Traffic Citations
The Department of Education (DOE) created a statewide survey for bus drivers to complete regarding
the illegal passing of their school buses. The survey results from 2022 show that on a single day, 7,867
illegal passes were made based on the observations of 6,416 school bus drivers who completed the
survey. Of these illegal passes, 299 were made on the right side of the bus where children generally
enter and exit the vehicle, 7,104 were made on the left side.
20
The National Highway Traffic Safety Administration (NHTSA) indicates that from 2010 to 2019, 240
school-age children died in school-transportation-related crashes.
21
Half (50 percent) were struck by
9
In addition to this penalty, for a second or subsequent offense within a period of 5 years, DHSMV must suspend the driver license of
the person for not less than 180 days and not more than 1 year. S. 318.18(5)(a), F.S.
10
S. 318.14, F.S.
11
Ss.322.0261 (4)(a) and(c), F.S.
12
In addition to this penalty, for a second or subsequent offense within a period of 5 years, DHSMV must suspend the driver license of
the person for not less than 360 days and not more than 2 years. S. 318.18(5)(b), F.S.
13
Ss. 316.172(1)(b) and 318.19(3), F.S.
14
Ss.322.0261(4)(a) and (c), F.S.
15
S. 322.27(3)(d)4.a., F.S.
16
S. 322.27(3)(d)4.b., F.S.
17
S. 316.027(4)(b), F.S.
18
S. 318.18(5)(d), F.S.
19
S. 322.27(3), F.S.
20
Florida Department of Education, School Transportation, Illegal Passing of School Buses – Survey Results for 2022,
https://www.fldoe.org/core/fileparse.php/7585/urlt/2022illegalpassing.pdf (last visited Mar. 20, 2023).
21
National Highway Traffic Safety Administration, 2010-2019 Data: School Transportation-Related Crashes May 2021,
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813105.pdf (last visited Mar. 20, 2023). STORAGE NAME: h0741a.PKA PAGE: 4
DATE: 3/27/2023
school buses or vehicles functioning as school buses, while the other half (50 percent) were struck by
other vehicles involved in the crashes.
22
To increase student transportation safety, at least 24 states have school bus stop-arm camera laws.
23
These systems are typically equipped with multiple sensors and cameras affixed to a school bus. The
sensor triggers a tag on the recording each time it senses a vehicle passing the stopped bus illegally.
24
When a vehicle illegally passes a stopped school bus, the sensor triggers two cameras to capture a
high-definition digital video recording (DVR) from both directions. The cameras capture both oncoming
traffic and vehicles passing the stopped bus on the driver side. The DVR recording is flagged as a
violation and tags information for enforcement, including, but not limited to, the time, date, and location
of the violation and images or film of the subject vehicle and license plate. The violation recordings
captured are reviewed and processed by a third-party private manufacturer or vendor.
25
Florida does not currently authorize the use of traffic infraction technology or school bus side stop
signal arm enforcement systems to detect violations of school bus stop signals.
School District Transportation Duties
Florida law requires district school superintendents to ascertain which students should be transported
to school or to school activities; determine the most effective arrangement of transportation routes to
accommodate these students; recommend such routing to the district school board; recommend plans
and procedures for providing facilities for the economical and safe transportation of students;
recommend such rules as may be necessary. Superintendents are also responsible for seeing that all
rules relating to the transportation of students approved by the district school board, as well as rules of
the State Board of Education, are properly carried into effect.
26
After considering recommendations of the district school superintendent, the district school board must
make provision for the transportation of students to the public schools or school activities they are
required or expected to attend; authorize transportation routes arranged efficiently and economically;
provide the necessary transportation facilities; and, when authorized under rules of the State Board of
Education and if more economical to do so, provide limited subsistence in lieu thereof. The district
school board is also responsible for adopting the necessary rules to ensure safety, economy, and
efficiency in the operation of all buses.
27
Effect of the Bill
Definitions
The bill defines the term “school bus infraction detection system” to mean a camera system affixed to a
school bus with two or more camera sensors or computers that produce a recorded video and two or
more film or digital photographic still images for the purpose of documenting a motor vehicle being
used or operated in a manner that allegedly violates s. 316.172(1)(a) or (b), F.S.
School Bus Infraction Detection Systems
The bill creates s. 1006.21(3)(h), F.S., providing that a district school board, after considering
recommendations of the district school superintendent may install and operate, or enter into an
agreement with a private vendor or manufacturer to provide, a school bus infraction detection system.
22
Id. at 2.
23
National Conference of State Legislatures, State School Bus Stop-Arm Camera Laws (Feb. 15, 2023),
https://www.ncsl.org/research/transportation/state-school-bus-stop-arm-camera-laws.aspx (last visited Mar. 20, 2023).
24
Seon Automated Stop-Arm Camera Solution, https://www.seon.com/school-bus-safety/school-bus-camera-systems/stop-arm-system
(last visited Mar. 20, 2023).
25
Id.
26
S. 1006.21(1), F.S.
27
S. 1006.21(2), F.S. STORAGE NAME: h0741a.PKA PAGE: 5
DATE: 3/27/2023
The bill creates s. 316.173, F.S., authorizing school districts, at their discretion, to install and operate a
school bus infraction detection system on a school bus for the purpose of enforcing s. 316.172(1)(a)
and (b), F.S., as provided in and consistent with s. 316.173, F.S.
The bill provides for school districts to either contract with a private vendor or manufacturer to install a
school bus infraction detection system on any school bus within its fleet, whether owned, contracted, or
leased, and for services including, but not limited to, the installation, operation, and maintenance of the
system. The school district's decision to install school bus infraction systems must be based solely on
the need to increase public safety. An individual may not receive a commission from any revenue
collected from violations detected through the use of a school bus infraction detection system. A private
vendor or manufacturer may not receive a fee or remuneration based upon the number of violations
detected through the use of a school bus infraction detection system.
The school district must ensure that each school bus infraction detection system meets specifications
established by the State Board of Education (SBE) and must be tested at regular intervals according to
specifications prescribed by SBE rule. The SBE must establish such specifications by rule on or before
December 31, 2023. The bill provides an exemption for equipment acquired via an agreement entered
into by a school district on or before July 1, 2024.
The bill requires that a school district that elects to install a school bus infraction detection system must
enter into an interlocal agreement with one or more law enforcement agencies authorized to enforce
violations of s. 316.172(1)(a) and (b), F.S., within the school district which jointly establishes the
responsibilities of enforcement and the reimbursement of costs associated with school bus infraction
detection systems.
The bill requires a school district to post high-visibility reflective signage on the rear of each school bus
in which a school bus infraction detection system is installed and operational which indicates the use of
such a system.
The bill provides that if a school district has never conducted a school bus infraction detection system
program begins such a program, the school district must make a public announcement and conduct a
public awareness campaign at least 30 days before commencing enforcement. The school district must
notify the public of the specific date on which the program will commence and until such program
begins may only issue a warning for a violation of s. 316.172(1)(a) or (b), F.S.
The bill establishes the processes and procedures if an alleged violation as specified in s.
316.172(1)(a) or (b), F.S., is recorded by a school bus infraction detection system. Such processes
and procedures pertain to the private vendor or manufacturer of the school bus infraction detection
system; applicable law enforcement agency; and the registered owner or co-owner of the motor
vehicle, person identified as having care, custody, or control of the motor vehicle at the time of the
violation, or an authorized representative of the owner, co-owner or identified person. Such processes
and procedures include:
The civil penalties assessed for a violation of s. 316.172(1)(a) or (b), F.S., enforced by a school
bus infraction detection system are remitted to the school district in which the violation occurred.
Such civil penalties must be used for the installation or maintenance of school bus infraction
detection systems on school buses, for any other technology that increases the safety of the
transportation of students, or for the administration and costs associated with the enforcement
of violations.
Delivery of the uniform traffic citation constitutes notification for a violation of s. 316.172(1)(a) or
(b), F.S.
The registered owner of the motor vehicle involved in the violation is responsible and liable for
paying the uniform traffic citation issued for a violation of s. 316.172(1)(a) or (b), F.S., unless
specified circumstances apply.
The bill provides that the video and images recorded by a school bus infraction detection system which
are attached to or referenced in a uniform traffic citation are evidence of a violation of s. 316.172(1)(a)
or (b), F.S., and are admissible in any proceeding to enforce the provisions of the bill. STORAGE NAME: h0741a.PKA PAGE: 6
DATE: 3/27/2023
The bill provides that notwithstanding any other law, equipment deployed as part of a school bus
infraction detection system must be incapable of automated or user-controlled remote surveillance by
means of recorded video or still images. Any recorded video or still image obtained through the use of
a school bus infraction detection system must be destroyed within 90 days after the final disposition of
the recorded event. The vendor of the school bus infraction detection system must provide the school
district with written notice by December 31 of each year that such records have been destroyed in
accordance.
The bill requires to the extent practicable, a school bus infraction detection system must use necessary
technology to ensure that personal identifying information contained in the video or still images
recorded by the system which is not relevant to the alleged violation is sufficiently obscured so as not to
reveal such personal identifying information.
The bill requires that by October 1, 2024, and annually thereafter, a school district operating a school
bus infraction detection system, in consultation with the law enforcement agency or agencies included
in the interlocal agreement, provide a report to the DHSMV that details the results of the school bus
infraction detection systems in the school district in the preceding school year.
The bill provides that by December 31, 2024, and annually thereafter, the DHSMV must submit a
summary report to the Governor, the President of the Senate, and the Speaker of the House of
Representatives, regarding the use and operation of school bus infraction detection systems along with
DHSMV's recommendations and any necessary legislation. The summary report must include a review
of the information submitted to DHSMV by the school districts and must describe the enhancement of
traffic safety and enforcement programs.
Penalties/Driver License Points
The bill provides that the civil penalties assessed for a violation of s. 316.172(1)(a) or (b), F.S.,
enforced by a school bus infraction detection system are remitted to the school district in which the
violation occurred. Such civil penalties must be used for the installation or maintenance of school bus
infraction detection systems on school buses, for any other technology that increases the safety of the
transportation of students, or for the administration and costs associated with the enforcement of
violations.
Below is a comparison of penalties under current law versus penalties provided in the bill. The
penalties under current law would still be imposed if a school bus passing infraction is observed by law
enforcement and not by a school bus infraction detection system.
Current Law
(caught by law enforcement)
Bill
(caught by bus camera)
s. 316.172(1)(a), F.S.,
offense (passing on
driver's side of bus)
$200 penalty
+
$65 penalty that goes to Department of Health
TOTAL = $265
$200 penalty
+
$25 penalty that goes to safe schools
allocation through Department of Education
TOTAL = $225
s. 316.172(1)(b), F.S.,
offense (passing on
entrance/exit side of
bus)
$400 penalty
+
$65 penalty that goes to Department of Health
TOTAL = $465
$200 penalty
+
$25 penalty that goes to safe schools
allocation through Department of Education
TOTAL = $225
The bill prohibits points from being imposed for a violation of passing a stopped school bus when
enforced by a school bus infraction detection system. In addition, a violation of s. 36.172(1)(a) or (b), STORAGE NAME: h0741a.PKA PAGE: 7
DATE: 3/27/2023
F.S., when enforced by a school bus infraction detection system may not be used for purposes of
setting motor vehicle insurance rates.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.003, F.S., providing definitions.
Section 2 Creates s. 316.173, F.S., relating to school bus infraction detection systems.
Section 3 Amends s. 318.14, F.S., relating to noncriminal traffic infractions; exception, procedures.
Section 4 Amends s. 318.18, F.S., relating to the amount of penalties.
Section 5 Amends s. 322.27, F.S., relating to authority of Department of Highway Safety and Motor
Vehicles to suspend or revoke driver license or identification card.
Section 6 Amends s. 1006.21, F.S., relating to duties of district school superintendent and district
school board regarding transportation.
Section 7 Amends s. 316.306, F.S., relating to school and work zones; prohibition on the use of a
wireless communications device in a handheld manner.
Section 8 Amends s. 655.960, F.S., relating to definitions.
Section 9 Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate. School districts may experience an increase in revenue from the collection of
penalties.
2. Expenditures:
Indeterminate. The collection of penalties is intended to cover the cost to administer the school bus
infraction detection system.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: STORAGE NAME: h0741a.PKA PAGE: 8
DATE: 3/27/2023
Indeterminate. Manufacturers and vendors of school bus infraction enforcement systems may see an
increase in revenues associated with this program.
Drivers may be cited more frequently for bus passing infractions and individuals who submit false
affidavits defending the imposition of a traffic infraction may be subject to jail time and fines if found
guilty of a second-degree misdemeanor.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires school bus infraction detection systems to meet requirements set by State Board of
Education rule. The bill also authorizes the State Board of Education to establish rules regarding
student privacy regarding school bus infraction detection systems.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h0741a.PKA PAGE: 9
DATE: 3/27/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 22, 2022, the Transportation & Modals Subcommittee considered a proposed committee substitute
with one amendment and reported the bill favorably as a committee substitute. The committee substitute differs
from HB 741 in the following ways:
Defines the term “school bus infraction detection system.”
Prohibits an individual from receiving a commission from any revenue collected from a school bus
infraction detection system.
Prevents a private vendor or manufacturer from receiving a fee or remuneration based upon the
number of violations detected.
Requires specified signs on a school bus with a school bus infraction detection system.
Requires public notice prior to a school board starting a school bus infraction detection system
program.
Provides for the mailing of the notice of violation and a uniform traffic citation.
Establishes exceptions to the registered owner of the motor vehicle being responsible for the violation
and provides how to substantiate such exceptions.
Revises reporting requirements to have school district reports submitted to DHSMV instead of DOE,
and to have DHSMV submit a summary report to the Governor and the Legislature.
Reduces the penalty associated with passing a stopped school bus when enforced by a school bus
infraction detection system.
Makes other technical and conforming changes.
This analysis has been updated to reflect the committee substitute.