This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0741c.ISC
DATE: 4/13/2023
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: CS/SB 766
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 14 Y, 1 N Bailey Potvin
3) Infrastructure Strategies Committee Johnson Harrington
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.
Requires specified signage on any school bus with a school bus infraction detection system installed.
Requires public notice prior to starting a school bus infraction detection system program.
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 that enforcement using a school bus infraction detection system supplements enforcement by
a law enforcement officer.
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 of school bus infraction detection systems.
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: h0741c.ISC PAGE: 2
DATE: 4/13/2023
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: h0741c.ISC PAGE: 3
DATE: 4/13/2023
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: h0741c.ISC PAGE: 4
DATE: 4/13/2023
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. 316.173, F.S., authorizing school districts 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.
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: h0741c.ISC PAGE: 5
DATE: 4/13/2023
The bill provides for school districts to 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 that on any school bus in which a school bus infraction detection system is installed
and operational, the school district must post high-visibility reflective signage on the rear of the school
bus which indicates the use of such system. The signage must be in the form of one or more signs or
stickers and must contain the following elements in substantially the following form:
The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED LIGHTS
FLASH.”
The words “CAMERA ENFORCED.”
A graphic depiction of a camera.
The bill requires the signage to occupy at least 75 percent of the available space that does not contain
signs or insignia that are required by other applicable law or by the State Board of Education. The
sufficiency of signage or compliance with the signage requirements above may not be raised in a
proceeding challenging a violation of s. 316.172(1)(a) or (b), F.S.
If a school district that 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, during the public awareness campaign,
may only issue a warning for a violation of s. 316.172(1)(a) or (b), F.S., enforced by a school bus
infraction detection system and a civil penalty may not be imposed.
The bill provides that within 30 days after an alleged violation of s. 316.172(1)(a) or (b), F.S., is
recorded by a school bus infraction detection system, the private vendor or manufacturer, must submit
the following information to a law enforcement agency that has entered into an interlocal agreement
with the school district, and has traffic infraction enforcement jurisdiction at the location where the
alleged violation occurred:
A copy of the recorded video and images showing the motor vehicle allegedly violating
s. 316.172(1)(a) or (b), F.S.
The motor vehicle’s license plate number and the state of issuance of the motor vehicle’s
license plate.
The date, time, and location of the alleged violation.
Within 30 days after receiving the information required above, the law enforcement agency, if it
determines that the motor vehicle violated s. 316.172(1)(a) or (b), F.S., must send notice of violation to
the registered owner of the motor vehicle involved in the violation specifying the remedies available STORAGE NAME: h0741c.ISC PAGE: 6
DATE: 4/13/2023
under s. 318.14, F.S.,
28
and that the violator must pay the penalty under s. 318.18(5), F.S.,
29
or furnish
an affidavit within 30 days after the date of the notification of violation in order to avoid court fees,
costs, and the issuance of a uniform traffic citation. The notification of violation must be sent by first-
class mail and include all of the following:
A copy of the recorded image showing the motor vehicle involved in the violation, including an
image showing the license plate of the motor vehicle.
The date, time, and location of the violation.
The amount of the civil penalty, the date by which the civil penalty must be paid, and
instructions on how to pay the civil penalty.
Instructions on how to request a hearing to contest liability or the notice of violation.
A notice that the owner has the right to review, in person or remotely, the video and images
recorded by the school bus infraction detection system which constitute a rebuttable
presumption that the motor vehicle was used in violation of s. 316.172(a) or (b), F.S.
The time when, and the place or website at which, the recorded video and images may be
examined and observed.
A warning that failure to pay the civil penalty or to contest liability within 30 days after the notice
is mailed will result in the issuance of a uniform traffic citation.
If the registered owner or co-owner of the motor vehicle; the 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 initiates a proceeding to challenge the violation, such person waives any
challenge or dispute as to the delivery of the notification of violation.
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.
The bill requires a uniform traffic citation to be issued by mailing the uniform traffic citation by certified
mail to the address of the registered owner of the motor vehicle involved in the violation if payment has
not been made within 30 days after the notification violation, if the registered owner has not requested
a hearing under s. 318.14, F.S., and if the registered owner has not submitted an affidavit in regarding
an exception.
Delivery of the uniform traffic citation constitutes notification for a violation of s. 316.172(1)(a) or (b),
F.S. If the registered owner or co-owner of the motor vehicle; the person identified as having care,
custody, or control of the motor vehicle at the time of the violation; or a duly authorized representative
of the owner, co-owner, or identified person initiates a proceeding to challenge the citation, such person
waives any challenge or dispute as to delivery of the uniform traffic citation.
In the case of joint ownership of a motor vehicle, the uniform traffic citation must be mailed to the first
name appearing on the motor vehicle registration, unless the first name appearing on the registration is
a business organization, in which case the second name on the registration may be used.
The uniform traffic citation mailed to the registered owner of the motor vehicle involved in the violation
must be accompanied by information described above that was also included in the notification of
violation.
The bill provides that 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 the owner can establish that:
28
S. 318.14, F.S., provides procedures for noncriminal traffic infractions.
29
S. 318.18(5), F.S., provides penalties for failure to stop for a school bus. STORAGE NAME: h0741c.ISC PAGE: 7
DATE: 4/13/2023
The motor vehicle was, at the time of the violation, in the care, custody, or control of another
person;
A uniform traffic citation was issued by law enforcement to the driver of the motor vehicle for the
alleged violation of s. 316.172(1)(a) or (b), F.S; or
The motor vehicle's owner was deceased on or before the date that the uniform traffic citation
was issued, as established by an affidavit submitted by the representative of the motor vehicle
owner's estate or other designated person or family member.
To establish the above facts, the registered owner of the motor vehicle must, within 30 days after the
date of issuance of the notice of violation or the traffic citation, furnish to the law enforcement agency
an affidavit setting forth information supporting an exemption:
An affidavit stating that the motor vehicle was, at the time of the violation, in the care, custody,
or control of another person must include the name, address, date of birth, and, if known, the
driver license number of the person who leased, rented, or otherwise had care, custody, or
control of the motor vehicle at the time of the alleged violation. If the motor vehicle was stolen at
the time of the alleged violation, the affidavit must include the police report indicating that the
motor vehicle was stolen.
If a uniform traffic citation for a violation of s. 316.172(1)(a) or (b), F.S., was issued at the
location of the violation by a law enforcement officer, the affidavit must include the serial
number of the uniform traffic citation.
If the motor vehicle's owner to whom a uniform traffic citation has been issued is deceased, the
affidavit must include a certified copy of the owner's death certificate showing that the date of
death occurred on or before the issuance of the uniform traffic citation and one of the following:
o A bill of sale or other document showing that the deceased owner's motor vehicle was
sold or transferred after his or her death but on or before the date of the alleged
violation.
o Documented proof that the registered license plate belonging to the deceased owner's
motor vehicle was returned to DHSMV or any branch office or authorized agent of the
DHSMV after his or her death but on or before the date of the alleged violation.
o A copy of the police report showing that the deceased owner's registered license plate or
motor vehicle was stolen after his or her death but on or before the date of the alleged
violation.
Upon receipt of the required affidavit and documentation specified above related to the issuance of a
uniform traffic citation or a deceased owner, or 30 days after the date of issuance of a notice of
violation sent to a person identified has having care, custody, or control of the motor vehicle at the time
of the violation, the county or municipality must dismiss the notice or citation and provide proof of such
dismissal to the person who submitted the affidavit. If, within 30 days after the date a notice of violation
was sent to a person, the county or municipality receives an affidavit from the person sent a notice of
violation affirming that the person did not have care, custody, or control of the motor vehicle at the time
of the violation, the county or municipality must notify the registered owner that the notice or citation will
not be dismissed due to failure to establish that another person had care, custody, or control of the
motor vehicle at the time of the violation.
Upon receipt of an affidavit that another person had care, custody, and control of the motor vehicle, the
law enforcement agency may issue the person identified as having care, custody, or control of the
motor vehicle at the time of the violation a notification of violation for a violation of s. 316.172 (1)(a) or
(b), F.S. The affidavit is admissible in a proceeding pursuant to this section for the purpose of providing
evidence that the person identified in the affidavit was in actual care, custody, or control of the motor
vehicle. The owner of a leased motor vehicle for which a uniform traffic citation is issued for a violation
of s. 316.172(1)(a) or (b), F.S., is not responsible for paying the uniform traffic citation and is not
required to submit an affidavit if the motor vehicle involved in the violation is registered in the name of
the lessee of such motor vehicle.
If a law enforcement agency receives an affidavit identifying another person having, care, custody, or
control of the vehicle, the required notification of must be sent to the person identified in the affidavit
within 30 days after receipt of the affidavit. The person identified in an affidavit and sent a notice of STORAGE NAME: h0741c.ISC PAGE: 8
DATE: 4/13/2023
violation may also affirm he or she did not have care, custody, or control of the motor vehicle at the
time of the violation by furnishing to the appropriate governmental entity within 30 days after the date of
the notice of violation an affidavit stating such.
The submission of a false affidavit is a misdemeanor of the second degree, punishable with up to 60
days in jail or a $500 fine.
30
The video and images by a school bus infraction detection system which are attached to or referenced
in the 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 s. 316.173, F.S. The recorded and video images raise a rebuttable
presumption that the motor vehicle shown in the recorded and video images was used in violation of s.
316.172(1)(a) or (b), F.S.
Section 316.173, F.S., supplements the enforcement of s. 316.172(1)(a) and (b), F.S., by a law
enforcement officer and does not prohibit a law enforcement officer from issuing a traffic citation for a
violation of s. 316.172(1)(a) or (b), F.S.
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.
Registered motor vehicle owner information obtained as a result of the operation of a school bus
infraction detection system is not the property of the manufacturer or vendor of the system and may be
used only for specified purposes.
The bill requires to the extent practicable, a school bus infraction detection system to 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. A notice of a violation or uniform traffic citation may not be
dismissed solely because a recorded video or still images reveal personal identifying information as
long as a reasonable effort has been made to comply with the privacy provisions in bill.
By October 1, 2024, and annually thereafter, each school district, in consultation with the law
enforcement agencies with which it has interlocal agreements pursuant to this section, operating a
school bus infraction detection system must provide a report to DHSMV which details the results of the
school bus infraction detection systems in the school district in the preceding school year. The
information submitted by the school districts must include:
The number of school buses that have a school bus infraction detection system installed,
including the date of installation and, if applicable, the date the systems were removed.
The number of notices of violation issued, the number that were contested, and the number that
were paid per state fiscal year.
Any other statistical data and information required by DHSMV to complete the report required
below.
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.
30
This is as provided in s.775.082, F.S., or s. 775.083, F.S. STORAGE NAME: h0741c.ISC PAGE: 9
DATE: 4/13/2023
Penalties/Driver License Points
The bill provides that for a violation of s. 316.172(1)(a), F.S., for failure to stop for a school bus, is $200,
the same as if the violation was enforced by a law enforcement officer. For passing a school bus on the
side children enter and exit the bus while the bus is displaying a stop signal and enforced by a school
bus infraction detection system the penalty is $200, in lieu of the existing $400 penalty if enforced by a
law enforcement officer, and the court must impose a minimum civil penalty of $200 in lieu of the
minimum $400 civil penalty.
The bill also provides that if a violation of s. 316.172(1)(a) or (b), F.S., is enforced by a school bus
infraction detection system, the additional amount imposed on the uniform traffic citation or by the court
is $25, in lieu of the additional $65, and must be dedicated to the safe schools allocation provided to
school districts by the Department of Education.
31
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),
F.S., when enforced by a school bus infraction detection system may not be used for purposes of
setting motor vehicle insurance rates.
Powers of School Districts
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.
Conforming Changes
The bill amends s. 318.14, F.S., relating to noncriminal traffic infractions to provide an exception to a
statutory requirement that certain traffic violations be signed by the alleged violator.
The bill amends ss. 316.306 and 655.960, F.S., conforming cross-references.
Effective Date
The bill has an effective date of July 1, 2023.
31
The safe schools allocation is pursuant to s. 1011.62(12), F.S. STORAGE NAME: h0741c.ISC PAGE: 10
DATE: 4/13/2023
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 DHSMV 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:
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. STORAGE NAME: h0741c.ISC PAGE: 11
DATE: 4/13/2023
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.
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.