FL
Florida House Bill H0741

Florida 2023 Regular Session

Florida House Bill H0741 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to enforcement of school bus passing 2
1616 infractions; amending s. 316.003, F.S.; defining the 3
1717 term "school bus infraction detection system"; 4
1818 creating s. 316.173, F.S.; authorizing school 5
1919 districts to install and operate school bus infraction 6
2020 detection systems for a specified purpose; authorizing 7
2121 school districts to contract with a private vendor or 8
2222 manufacturer for specified purposes; requiring the 9
2323 decision to install school bus infraction detection 10
2424 systems to be based on the need to increase pu blic 11
2525 safety; prohibiting an individual from receiving a 12
2626 commission from violations detected through the 13
2727 system; prohibiting a private vendor or manufacturer 14
2828 from receiving a fee or renumeration based on the 15
2929 number of violations detected; requiring the scho ol 16
3030 district to ensure that each system meets certain 17
3131 requirements; requiring the school district to enter 18
3232 into interlocal agreements with law enforcement 19
3333 agencies to enforce violations; providing signage 20
3434 requirements; requiring a school district that 21
3535 installs a school bus infraction detection system to 22
3636 provide certain notice to the public; requiring a 23
3737 school district that has never conducted a school bus 24
3838 infraction detection system program to conduct a 25
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4747 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
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5151 public awareness campaign before commencing 26
5252 enforcement under such program; limiting penalties in 27
5353 effect during the public awareness campaign; requiring 28
5454 the school district or the private vendor or 29
5555 manufacturer to submit specified information to such 30
5656 law enforcement agencies within a specified timeframe; 31
5757 providing notification requirements and procedures for 32
5858 law enforcement agencies; requiring a person who 33
5959 receives a notice of violation to pay the civil 34
6060 penalty or request a hearing within a specified 35
6161 timeframe; providing for waiver of challenge or 36
6262 dispute as to the delivery of a notice of violation; 37
6363 providing for the distribution and use of funds; 38
6464 providing requirements for issuance of a uniform 39
6565 traffic citation; providing for waiver of challenge or 40
6666 dispute as to the delivery of the uniform traffic 41
6767 citation; providing notification requirements and 42
6868 procedures; specifying that the registered owner of a 43
6969 motor vehicle is responsible and liable for paying a 44
7070 uniform traffic citation; providing exceptions; 45
7171 requiring the registered owner of a motor vehicle to 46
7272 furnish an affidavit under certain circumstances; 47
7373 specifying requirements for such affidavit; providing 48
7474 a criminal penalty for submitting a false affidavit; 49
7575 providing that certain recorded video and images are 50
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8484 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
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8888 admissible in certain proceedings; providing a 51
8989 rebuttable presumption; providing construction; 52
9090 specifying requirements of and prohibitions on the use 53
9191 of video and images recorded by the school bus 54
9292 infraction detection system; requiring school 55
9393 districts to submit a quarterly report to the 56
94-Department of Highway Sa fety and Motor Vehicles in a 57
95-form and manner determined by the department; 58
96-providing report requirements; requiring school 59
97-districts to retain certain information for a 60
98-specified period; requiring the department to submit 61
99-an annual summary report to the Go vernor and 62
100-Legislature; requiring school bus infraction detection 63
101-systems to meet State Board of Education 64
102-specifications; requiring the state board to establish 65
103-certain specifications by rule by a specified date; 66
104-authorizing the state board to adopt rules regarding 67
105-student privacy; amending s. 318.14, F.S.; conforming 68
106-provisions to changes made by the act; amending s. 69
107-318.18, F.S.; providing civil penalties for school bus 70
108-passing violations enforced by a school bus infraction 71
109-detection system; providing fo r dedication of a 72
110-certain portion thereof; providing conditions under 73
111-which a case may be dismissed; amending s. 322.27, 74
112-F.S.; prohibiting points from being imposed against a 75
94+Department of Highway Sa fety and Motor Vehicles and to 57
95+maintain certain data for a certain period; requiring 58
96+the department to submit an annual summary report to 59
97+the Governor and Legislature; requiring school bus 60
98+infraction detection systems to meet State Board of 61
99+Education specifications; requiring the state board to 62
100+establish certain specifications by rule by a 63
101+specified date; authorizing the state board to adopt 64
102+rules regarding student privacy; amending s. 318.14, 65
103+F.S.; conforming provisions to changes made by the 66
104+act; amending s. 318.18, F.S.; providing civil 67
105+penalties for school bus passing violations enforced 68
106+by a school bus infraction detection system; providing 69
107+for dedication of a certain portion thereof; providing 70
108+conditions under which a case may be dismissed; 71
109+amending s. 322.27, F.S.; prohibiting points from 72
110+being imposed against a driver license for school bus 73
111+passing violations enforced by a school bus infraction 74
112+detection system; prohibiting such violations from 75
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121121 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
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125-driver license for school bus passing violations 76
126-enforced by a school bus infract ion detection system; 77
127-prohibiting such violations from being used to set 78
128-motor vehicle insurance rates; amending ss. 1006.21, 79
129-316.306, and 655.960, F.S.; conforming cross -80
130-references and provisions to changes made by the act; 81
131-providing an effective date. 82
132- 83
133-Be It Enacted by the Legislature of the State of Florida: 84
134- 85
135- Section 1. Subsections (78) through (109) of section 86
136-316.003, Florida Statutes, are renumbered as subsections (79) 87
137-through (110), respectively, subsection (64) is amended, and a 88
138-new subsection (78) is added to that section, to read: 89
139- 316.003 Definitions. —The following words and phrases, when 90
140-used in this chapter, shall have the meanings respectively 91
141-ascribed to them in this section, except where the context 92
142-otherwise requires: 93
143- (64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 94
144-provided in paragraph (88)(b) (87)(b), any privately owned way 95
145-or place used for vehicular travel by the owner and those having 96
146-express or implied permission from the owner, but not by other 97
147-persons. 98
148- (78) SCHOOL BUS INFRACTION DETECTION SYSTEM. —A camera 99
149-system affixed to a school bus with two or more camera sensors 100
125+being used to set motor vehicle insurance rates; 76
126+amending ss. 1006.21, 316.306, and 655.960, F.S.; 77
127+conforming cross-references and provisions to changes 78
128+made by the act; providing an effective date. 79
129+ 80
130+Be It Enacted by the Legislature of the State of Florida: 81
131+ 82
132+ Section 1. Subsections (78) through (109) of s ection 83
133+316.003, Florida Statutes, are renumbered as subsections (79) 84
134+through (110), respectively, subsection (64) is amended, and a 85
135+new subsection (78) is added to that section, to read: 86
136+ 316.003 Definitions. —The following words and phrases, when 87
137+used in this chapter, shall have the meanings respectively 88
138+ascribed to them in this section, except where the context 89
139+otherwise requires: 90
140+ (64) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 91
141+provided in paragraph (88)(b) (87)(b), any privately owned way 92
142+or place used for vehicular travel by the owner and those having 93
143+express or implied permission from the owner, but not by other 94
144+persons. 95
145+ (78) SCHOOL BUS INFRACTION DETECTION SYSTEM. —A camera 96
146+system affixed to a school bus with two or more camera sensors 97
147+or computers that produce a recorded video and two or more film 98
148+or digital photographic still images for the purpose of 99
149+documenting a motor vehicle being used or operated in a manner 100
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158158 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
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162-or computers that produce a recorded video and two or more film 101
163-or digital photographic still images for the purpose of 102
164-documenting a motor vehicle being used or operated in a manner 103
165-that allegedly violates s. 316.172(1)(a) or (b). 104
166- Section 2. Section 316.173, Florida Statutes, is created 105
167-to read: 106
168- 316.173 School bus infraction detection systems. — 107
169- (1)(a) A school district may install and operate a sch ool 108
170-bus infraction detection system on a school bus for the purpose 109
171-of enforcing s. 316.172(1)(a) and (b) as provided in and 110
172-consistent with this section. 111
173- (b) The school district may contract with a private vendor 112
174-or manufacturer to install a school bus infraction detection 113
175-system on any school bus within its fleet, whether owned, 114
176-contracted, or leased, and for services including, but not 115
177-limited to, the installation, operation, and maintenance of the 116
178-system. The school district's decision to install scho ol bus 117
179-infraction detection systems must be based solely on the need to 118
180-increase public safety. An individual may not receive a 119
181-commission from any revenue collected from violations detected 120
182-through the use of a school bus infraction detection system. A 121
183-private vendor or manufacturer may not receive a fee or 122
184-remuneration based upon the number of violations detected 123
185-through the use of a school bus infraction detection system. 124
186- (c) The school district must ensure that each school bus 125
162+that allegedly violates s. 316.172(1)(a) or (b). 101
163+ Section 2. Section 316.173, Fl orida Statutes, is created 102
164+to read: 103
165+ 316.173 School bus infraction detection systems. — 104
166+ (1)(a) A school district may install and operate a school 105
167+bus infraction detection system on a school bus for the purpose 106
168+of enforcing s. 316.172(1)(a) and (b) as pro vided in and 107
169+consistent with this section. 108
170+ (b) The school district may contract with a private vendor 109
171+or manufacturer to install a school bus infraction detection 110
172+system on any school bus within its fleet, whether owned, 111
173+contracted, or leased, and for se rvices including, but not 112
174+limited to, the installation, operation, and maintenance of the 113
175+system. The school district's decision to install school bus 114
176+infraction detection systems must be based solely on the need to 115
177+increase public safety. An individual ma y not receive a 116
178+commission from any revenue collected from violations detected 117
179+through the use of a school bus infraction detection system. A 118
180+private vendor or manufacturer may not receive a fee or 119
181+remuneration based upon the number of violations detected 120
182+through the use of a school bus infraction detection system. 121
183+ (c) The school district must ensure that each school bus 122
184+infraction detection system meets the requirements of subsection 123
185+(18). 124
186+ (d) The school district must enter into an interlocal 125
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195195 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
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199-infraction detection sys tem meets the requirements of subsection 126
200-(18). 127
201- (d) The school district must enter into an interlocal 128
202-agreement with one or more law enforcement agencies authorized 129
203-to enforce violations of s. 316.172(1)(a) and (b) within the 130
204-school district which jointly establishes the responsibilities 131
205-of enforcement and the reimbursement of costs associated with 132
206-school bus infraction detection systems consistent with this 133
207-section. 134
208- (2)(a) The school district must post high -visibility 135
209-reflective signage on the rear of e ach school bus in which a 136
210-school bus infraction detection system is installed and 137
211-operational which indicates the use of such system. The signage 138
212-must be in the form of one or more signs or stickers and must 139
213-contain the following elements in substantially the following 140
214-form: 141
215- 1. The words "STOP WHEN RED LIGHTS FLASH" or "DO NOT PASS 142
216-WHEN RED LIGHTS FLASH." 143
217- 2. The words "CAMERA ENFORCED." 144
218- 3. A graphic depiction of a camera. 145
219- (b) The signage must occupy at least 75 percent of the 146
220-available space that does not contain signs or insignia that are 147
221-required by other applicable law or by the State Board of 148
222-Education. 149
223- (c) The sufficiency of signage or compliance with the 150
199+agreement with one or more law enforcement agencies authorized 126
200+to enforce violations of s. 316.172(1)(a) and (b) within the 127
201+school district which jointly establishes the responsibilities 128
202+of enforcement and the reimbursement of costs associated with 129
203+school bus infraction detection systems consistent with this 130
204+section. 131
205+ (2)(a) The school district must post high -visibility 132
206+reflective signage on the rear of each school bus in which a 133
207+school bus infraction detection system is installed and 134
208+operational which indicates th e use of such system. The signage 135
209+must be in the form of one or more signs or stickers and must 136
210+contain the following elements in substantially the following 137
211+form: 138
212+ 1. The words "STOP WHEN RED LIGHTS FLASH" or "DO NOT PASS 139
213+WHEN RED LIGHTS FLASH." 140
214+ 2. The words "CAMERA ENFORCED." 141
215+ 3. A graphic depiction of a camera. 142
216+ (b) The signage must occupy at least 75 percent of the 143
217+available space that does not contain signs or insignia that are 144
218+required by other applicable law or by the State Board of 145
219+Education. 146
220+ (c) The sufficiency of signage or compliance with the 147
221+signage requirements under this subsection may not be raised in 148
222+a proceeding challenging a violation of s. 316.172(1)(a) or (b). 149
223+ (3) If a school district that has never conducted a school 150
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232232 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
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236-signage requirements under this subsection may not be raised in 151
237-a proceeding challengin g a violation of s. 316.172(1)(a) or (b). 152
238- (3) If a school district that has never conducted a school 153
239-bus infraction detection system program begins such a program, 154
240-the school district must make a public announcement and conduct 155
241-a public awareness campaig n of the proposed use of school bus 156
242-infraction detection systems at least 30 days before commencing 157
243-enforcement under the school bus infraction detection system 158
244-program and notify the public of the specific date on which the 159
245-program will commence. During t he 30-day public awareness 160
246-campaign, only a warning may be issued to the registered owner 161
247-of a motor vehicle for a violation of s. 316.172(1)(a) or (b) 162
248-enforced by a school bus infraction detection system, and a 163
249-civil penalty may not be imposed under chapt er 318. 164
250- (4) Within 30 days after an alleged violation of s. 165
251-316.172(1)(a) or (b) is recorded by a school bus infraction 166
252-detection system, the school district or the private vendor or 167
253-manufacturer with whom the school district has entered into a 168
254-contract pursuant to paragraph (1)(b) must submit the following 169
255-information to a law enforcement agency that has entered into an 170
256-interlocal agreement with the school district pursuant to 171
257-paragraph (1)(d) and has traffic infraction enforcement 172
258-jurisdiction at the lo cation where the alleged violation 173
259-occurred: 174
260- (a) A copy of the recorded video and images showing the 175
236+bus infraction detection system program begins such a program, 151
237+the school district must make a public announcement and conduct 152
238+a public awareness campaign of the proposed use of school bus 153
239+infraction detection systems at least 30 days before commencing 154
240+enforcement under the school bus infraction detection system 155
241+program and notify the public of the specific date on which the 156
242+program will commence. During the 30 -day public awareness 157
243+campaign, only a warning may be issued to the registered owner 158
244+of a motor vehicle for a violation of s. 316.172(1)(a) or (b) 159
245+enforced by a school bus infraction detection system, and a 160
246+civil penalty may not be imposed under chapter 318 . 161
247+ (4) Within 30 days after an alleged violation of s. 162
248+316.172(1)(a) or (b) is recorded by a school bus inf raction 163
249+detection system, the school district or the private vendor or 164
250+manufacturer with whom the school district has entered into a 165
251+contract pursuant to paragraph (1)(b) must submit the following 166
252+information to a law enforcement agency that has entered in to an 167
253+interlocal agreement with the school district pursuant to 168
254+paragraph (1)(d) and has traffic infraction enforcement 169
255+jurisdiction at the location where the alleged violation 170
256+occurred: 171
257+ (a) A copy of the recorded video and images showing the 172
258+motor vehicle allegedly violating s. 316.172(1)(a) or (b). 173
259+ (b) The motor vehicle's license plate number and the state 174
260+of issuance of the motor vehicle's license plate. 175
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269269 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
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273-motor vehicle allegedly violating s. 316.172(1)(a) or (b). 176
274- (b) The motor vehicle's license plate number and the state 177
275-of issuance of the motor vehicle' s license plate. 178
276- (c) The date, time, and location of the alleged violation. 179
277- (5) Within 30 days after receiving the information 180
278-required in subsection (4), the law enforcement agency, if it 181
279-determines that the motor vehicle violated s. 316.172(1)(a) or 182
280-(b), must send notice of violation to the registered owner of 183
281-the motor vehicle involved in the violation specifying the 184
282-remedies available under s. 318.14 and that the violator must 185
283-pay the penalty under s. 318.18(5) or furnish an affidavit in 186
284-accordance with subsection (10) within 30 days after the notice 187
285-of violation is sent in order to avoid court fees, costs, and 188
286-the issuance of a uniform traffic citation. The notice of 189
287-violation must be sent by first -class mail and include all of 190
288-the following: 191
289- (a) A copy of one or more recorded images showing the 192
290-motor vehicle involved in the violation, including an image 193
291-showing the license plate of the motor vehicle. 194
292- (b) The date, time, and location of the violation. 195
293- (c) The amount of the civil penalty, the da te by which the 196
294-civil penalty must be paid, and instructions on how to pay the 197
295-civil penalty. 198
296- (d) Instructions on how to request a hearing to contest 199
297-liability or the notice of violation. 200
273+ (c) The date, time, and location of the alleged violation. 176
274+ (5) Within 30 days after receiving the information 177
275+required in subsection (4), the law enforcement agency, if it 178
276+determines that the motor vehicle violated s. 316.172(1)(a) or 179
277+(b), must send notice of violation to the registered owner of 180
278+the motor vehicle involved in the violation specifyi ng the 181
279+remedies available under s. 318.14 and that the violator must 182
280+pay the penalty under s. 318.18(5) or furnish an affidavit in 183
281+accordance with subsection (10) within 30 days after the notice 184
282+of violation is sent in order to avoid court fees, costs, and 185
283+the issuance of a uniform traffic citation. The notice of 186
284+violation must be sent by first -class mail and include all of 187
285+the following: 188
286+ (a) A copy of one or more recorded images showing the 189
287+motor vehicle involved in the violation, including an image 190
288+showing the license plate of the motor vehicle. 191
289+ (b) The date, time, and location of the violation. 192
290+ (c) The amount of the civil penalty, the date by which the 193
291+civil penalty must be paid, and instructions on how to pay the 194
292+civil penalty. 195
293+ (d) Instructions on how to request a hearing to contest 196
294+liability or the notice of violation. 197
295+ (e) A notice that the owner has the right to review, in 198
296+person or remotely, the video and images recorded by the school 199
297+bus infraction detection system which constitute a rebutta ble 200
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306306 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
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310- (e) A notice that the owner has the right to review, in 201
311-person or remotely, the video and images recorded by the school 202
312-bus infraction detection system which constitute a rebuttable 203
313-presumption that the motor vehicle was used in violation of s. 204
314-316.172(1)(a) or (b). 205
315- (f) The time when, and the place or website at whic h, the 206
316-recorded video and images may be examined and observed. 207
317- (g) A warning that failure to pay the civil penalty or to 208
318-contest liability within 30 days after the notice is sent will 209
319-result in the issuance of a uniform traffic citation. 210
320- (6) If the registered owner or co-owner of the motor 211
321-vehicle; the person identified as having care, custody, or 212
322-control of the motor vehicle at the time of the violation; or an 213
323-authorized representative of the owner, co -owner, or identified 214
324-person initiates a proceeding to challenge the violation, such 215
325-person waives any challenge or dispute as to the delivery of the 216
326-notice of violation. 217
327- (7) The civil penalties assessed and collected for a 218
328-violation of s. 316.172(1)(a) or (b) enforced by a school bus 219
329-infraction detection system must be remitted to the school 220
330-district in which the violation occurred. Such civil penalties 221
331-must be used for the installation or maintenance of school bus 222
332-infraction detection systems on school buses, for any other 223
333-technology that increases the safety of the transportation of 224
334-students, or for the administration and costs associated with 225
310+presumption that the motor vehicle was used in violation of s. 201
311+316.172(1)(a) or (b). 202
312+ (f) The time when, and the place or website at which, the 203
313+recorded video and images may be examined and observed. 204
314+ (g) A warning that failure to pay the civil penal ty or to 205
315+contest liability within 30 days after the notice is sent will 206
316+result in the issuance of a uniform traffic citation. 207
317+ (6) If the registered owner or co -owner of the motor 208
318+vehicle; the person identified as having care, custody, or 209
319+control of the motor vehicle at the time of the violation; or an 210
320+authorized representative of the owner, co -owner, or identified 211
321+person initiates a proceeding to challenge the violation, such 212
322+person waives any challenge or dispute as to the delivery of the 213
323+notice of violation. 214
324+ (7) The civil penalties assessed and collected for a 215
325+violation of s. 316.172(1)(a) or (b) enforced by a school bus 216
326+infraction detection system must be remitted to the school 217
327+district in which the violation occurred. Such civil penalties 218
328+must be used for the installation or maintenance of school bus 219
329+infraction detection systems on school buses, for any other 220
330+technology that increases the safety of the transportation of 221
331+students, or for the administration and costs associated with 222
332+the enforcement of v iolations as described in this section. 223
333+ (8) A uniform traffic citation must be issued by mailing 224
334+the uniform traffic citation by certified mail to the address of 225
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343343 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
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347-the enforcement of violations as described in this section. 226
348- (8) A uniform traffic citation must be issued by mailing 227
349-the uniform traffic citation by certified m ail to the address of 228
350-the registered owner of the motor vehicle involved in the 229
351-violation if payment has not been made within 30 days after 230
352-notification under subsection (5) and if the registered owner 231
353-has not submitted an affidavit in accordance with subs ection 232
354-(10). 233
355- (a) Delivery of the uniform traffic citation constitutes 234
356-notification of a violation under this subsection . If the 235
357-registered owner or co -owner of the motor vehicle; the person 236
358-identified as having care, custody, or control of the motor 237
359-vehicle at the time of the violation; or a duly authorized 238
360-representative of the owner, co -owner, or identified person 239
361-initiates a proceeding to challenge the citation , such person 240
362-waives any challenge or dispute as to the delivery of the 241
363-uniform traffic citation. 242
364- (b) In the case of joint ownership of a motor vehicle, the 243
365-uniform traffic citation must be mailed to the first name 244
366-appearing on the motor vehicle registrat ion, unless the first 245
367-name appearing on the registration is a business organization, 246
368-in which case the second name appearing on the registration may 247
369-be used. 248
370- (c) The uniform traffic citation mailed to the registered 249
371-owner of the motor vehicle involved in the violation must be 250
347+the registered owner of the motor vehicle involved in the 226
348+violation if payment has not been made within 30 days after 227
349+notification under subsection (5) and if the registered owner 228
350+has not submitted an affidavit in accordance with subsection 229
351+(10). 230
352+ (a) Delivery of the uniform traffic citation constitutes 231
353+notification of a violation under this sub section. If the 232
354+registered owner or co -owner of the motor vehicle; the person 233
355+identified as having care, custody, or control of the motor 234
356+vehicle at the time of the violation; or a duly authorized 235
357+representative of the owner, co -owner, or identified person 236
358+initiates a proceeding to challenge the citation , such person 237
359+waives any challenge or dispute as to the delivery of the 238
360+uniform traffic citation. 239
361+ (b) In the case of joint ownership of a motor vehicle, the 240
362+uniform traffic citation must be mailed to the f irst name 241
363+appearing on the motor vehicle registration, unless the first 242
364+name appearing on the registration is a business organization, 243
365+in which case the second name appearing on the registration may 244
366+be used. 245
367+ (c) The uniform traffic citation mailed to the registered 246
368+owner of the motor vehicle involved in the violation must be 247
369+accompanied by information described in paragraphs (5)(a) -(f). 248
370+ (9) The registered owner of the motor vehicle involved in 249
371+the violation is responsible and liable for paying the unifo rm 250
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380380 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
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384-accompanied by information described in paragraphs (5)(a) -(f). 251
385- (9) The registered owner of the motor vehicle involved in 252
386-the violation is responsible and liable for paying the uniform 253
387-traffic citation issued for a violation of s. 3 16.172(1)(a) or 254
388-(b) unless the owner can establish that: 255
389- (a) The motor vehicle was, at the time of the violation, 256
390-in the care, custody, or control of another person; 257
391- (b) A uniform traffic citation was issued by a law 258
392-enforcement officer to the driver o f the motor vehicle for the 259
393-alleged violation of s. 316.172(1)(a) or (b); or 260
394- (c) The motor vehicle's owner was deceased on or before 261
395-the date of the alleged violation, as established by an 262
396-affidavit submitted by the representative of the motor vehicle 263
397-owner's estate or other identified person or family member. 264
398- (10) To establish such facts under subsection (9), the 265
399-registered owner of the motor vehicle must, within 30 days after 266
400-the date of issuance of the notice of violation or the uniform 267
401-traffic citation, furnish to the law enforcement agency that 268
402-issued the notice of violation or uniform traffic citation an 269
403-affidavit setting forth information supporting an exception 270
404-under subsection (9). 271
405- (a) An affidavit supporting the exception under paragraph 272
406-(9)(a) must include the name, address, date of birth, and, if 273
407-known, the driver license number of the person who leased, 274
408-rented, or otherwise had care, custody, or control of the motor 275
384+traffic citation issued for a violation of s. 316.172(1)(a) or 251
385+(b) unless the owner can establish that: 252
386+ (a) The motor vehicle was, at the time of the violation, 253
387+in the care, custody, or control of another person; 254
388+ (b) A uniform traffic citation was issued by a law 255
389+enforcement officer to the driver of the motor vehicle for the 256
390+alleged violation of s. 316.172(1)(a) or (b); or 257
391+ (c) The motor vehicle's owner was deceased on or before 258
392+the date of the alleged violation, as established by an 259
393+affidavit submitted by the representative of the motor vehicle 260
394+owner's estate or other identified person or family member. 261
395+ (10) To establish such facts under subsection (9), the 262
396+registered owner of the motor vehicle must, within 30 days after 263
397+the date of issuance of t he notice of violation or the uniform 264
398+traffic citation, furnish to the law enforcement agency that 265
399+issued the notice of violation or uniform traffic citation an 266
400+affidavit setting forth information supporting an exception 267
401+under subsection (9). 268
402+ (a) An affidavit supporting the exception under paragraph 269
403+(9)(a) must include the name, address, date of birth, and, if 270
404+known, the driver license number of the person who leased, 271
405+rented, or otherwise had care, custody, or control of the motor 272
406+vehicle at the time of t he alleged violation. If the motor 273
407+vehicle was stolen at the time of the alleged violation, the 274
408+affidavit must include the police report indicating that the 275
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417417 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
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421-vehicle at the time of the alleged violation. If the motor 276
422-vehicle was stolen at the time of the alleged violation, the 277
423-affidavit must include the police report indicating that the 278
424-motor vehicle was stolen. 279
425- (b) If a uniform traffic citation for a violation of s. 280
426-316.172(1)(a) or (b) was issued at the location of the violation 281
427-by a law enforcement officer, the affidavit must include the 282
428-serial number of the uniform traffic citation. 283
429- (c) If the motor vehicle's owner to whom a notice of 284
430-violation or a uniform traffic citation has been issued is 285
431-deceased, the affidavit must include a certified copy of the 286
432-owner's death certificate showing that the date of death 287
433-occurred on or before the date of the alleged violation and one 288
434-of the following: 289
435- 1. A bill of sale or other document showing that the 290
436-deceased owner's motor vehicle was sold or transferred after his 291
437-or her death but on or before the date of the alleged violation. 292
438- 2. Documented proof that the registered license plate 293
439-belonging to the deceased owner's motor vehicle was returned to 294
440-the department or any branch office or authorized agent of the 295
441-department after his or her death but on or before the date of 296
442-the alleged violation. 297
443- 3. A copy of the police report showing that the deceased 298
444-owner's registered license plate or motor vehicle was stolen 299
445-after his or her death but on or before the date of the alleged 300
421+motor vehicle was stolen. 276
422+ (b) If a uniform traffic citation for a violation of s. 277
423+316.172(1)(a) or (b) was issued at the location of the violation 278
424+by a law enforcement officer, the affidavit must include the 279
425+serial number of the uniform traffic citation. 280
426+ (c) If the motor vehicle's owner to whom a notice of 281
427+violation or a uniform traffic citation ha s been issued is 282
428+deceased, the affidavit must include a certified copy of the 283
429+owner's death certificate showing that the date of death 284
430+occurred on or before the date of the alleged violation and one 285
431+of the following: 286
432+ 1. A bill of sale or other document s howing that the 287
433+deceased owner's motor vehicle was sold or transferred after his 288
434+or her death but on or before the date of the alleged violation. 289
435+ 2. Documented proof that the registered license plate 290
436+belonging to the deceased owner's motor vehicle was re turned to 291
437+the department or any branch office or authorized agent of the 292
438+department after his or her death but on or before the date of 293
439+the alleged violation. 294
440+ 3. A copy of the police report showing that the deceased 295
441+owner's registered license plate or mo tor vehicle was stolen 296
442+after his or her death but on or before the date of the alleged 297
443+violation. 298
444+ 299
445+Upon receipt of the affidavit and documentation required under 300
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454454 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
455455
456456
457457
458-violation. 301
459- 302
460-Upon receipt of the affidavit and documentation required under 303
461-paragraphs (b) and (c), or 30 days after the date of issuance of 304
462-a notice of violation sent to a person identified as having 305
463-care, custody, or control of the motor vehicle at the time of 306
464-the violation under paragraph (a), the law enforcement agency 307
465-must dismiss the notice or citation and provide proof of such 308
466-dismissal to the person who submitted the affidavit. If, within 309
467-30 days after the dat e of a notice of violation sent to a person 310
468-under subsection (11), the law enforcement agency receives an 311
469-affidavit under subsection (12) from the person who was sent a 312
470-notice of violation affirming that the person did not have care, 313
471-custody, or control of the motor vehicle at the time of the 314
472-violation, the law enforcement agency must notify the registered 315
473-owner that the notice or citation will not be dismissed due to 316
474-failure to establish that another person had care, custody, or 317
475-control of the motor vehicl e at the time of the violation. 318
476- (11) Upon receipt of an affidavit under paragraph (9)(a) , 319
477-the law enforcement agency may issue the person identified as 320
478-having care, custody, or control of the motor vehicle at the 321
479-time of the violation a notice of violati on pursuant to 322
480-subsection (5) for a violation of s. 316.172(1)(a) or (b). The 323
481-affidavit is admissible in a proceeding pursuant to this section 324
482-for the purpose of providing evidence that the person identified 325
458+paragraphs (b) and (c), or 30 days after the date of issuance of 301
459+a notice of violation sent to a person identified as having 302
460+care, custody, or control of the motor vehicle at the time of 303
461+the violation under paragraph (a), the law enforcement agency 304
462+must dismiss the notice or citation and provide proof of such 305
463+dismissal to the person who submitted t he affidavit. If, within 306
464+30 days after the date of a notice of violation sent to a person 307
465+under subsection (11), the law enforcement agency receives an 308
466+affidavit under subsection (12) from the person who was sent a 309
467+notice of violation affirming that the pe rson did not have care, 310
468+custody, or control of the motor vehicle at the time of the 311
469+violation, the law enforcement agency must notify the registered 312
470+owner that the notice or citation will not be dismissed due to 313
471+failure to establish that another person had care, custody, or 314
472+control of the motor vehicle at the time of the violation. 315
473+ (11) Upon receipt of an affidavit under paragraph (9)(a) , 316
474+the law enforcement agency may issue the person identified as 317
475+having care, custody, or control of the motor vehicle at the 318
476+time of the violation a notice of violation pursuant to 319
477+subsection (5) for a violation of s. 316.172(1)(a) or (b). The 320
478+affidavit is admissible in a proceeding pursuant to this section 321
479+for the purpose of providing evidence that the person identified 322
480+in the affidavit was in actual care, custody, or control of the 323
481+motor vehicle. The owner of a leased motor vehicle for which a 324
482+uniform traffic citation is issued for a violation of s. 325
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491491 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
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495-in the affidavit was in actual care, custody, or control of the 326
496-motor vehicle. The owner of a leased motor vehicle for which a 327
497-uniform traffic citation is issued for a violation of s. 328
498-316.172(1)(a) or (b) is not responsible for paying the uniform 329
499-traffic citation and is not required to submit an affidav it as 330
500-specified in subsection (10) if the motor vehicle involved in 331
501-the violation is registered in the name of the lessee of such 332
502-motor vehicle. 333
503- (12) If a law enforcement agency receives an affidavit 334
504-under paragraph (9)(a), the notice of violation requir ed under 335
505-subsection (5) must be sent to the person identified in the 336
506-affidavit within 30 days after receipt of the affidavit. The 337
507-person identified in an affidavit and sent a notice of violation 338
508-may also affirm he or she did not have care, custody, or cont rol 339
509-of the motor vehicle at the time of the violation by furnishing 340
510-to the appropriate law enforcement agency within 30 days after 341
511-the date of the notice of violation an affidavit stating such. 342
512- (13) The submission of a false affidavit is a misdemeanor 343
513-of the second degree, punishable as provided in s. 775.082 or s. 344
514-775.083. 345
515- (14) The video and images recorded by a school bus 346
516-infraction detection system which are attached to or referenced 347
517-in the uniform traffic citation are evidence of a violation of 348
518-s. 316.172(1)(a) or (b) and are admissible in any proceeding to 349
519-enforce this section. The recorded video and images raise a 350
495+316.172(1)(a) or (b) is not responsible for paying the uniform 326
496+traffic citation and is not required to submit an affidavit as 327
497+specified in subsection (10) if the motor vehicle involved in 328
498+the violation is registered in the name of the lessee of such 329
499+motor vehicle. 330
500+ (12) If a law enforcement agency receives an affidavit 331
501+under paragraph (9)(a), the notice of violation required under 332
502+subsection (5) must be sent to the person identified in the 333
503+affidavit within 30 days after receipt of the affidavit. The 334
504+person identified in an affidavit and sent a notice of violation 335
505+may also affirm he or she did not have care, custody, or control 336
506+of the motor vehicle at the time of the violation by furnishing 337
507+to the appropriate law enforcement agency within 30 days after 338
508+the date of the notice of violation an affidavit stating such. 339
509+ (13) The submission of a false affidavit is a misdemeanor 340
510+of the second degree, punishable as provided in s. 775.082 or s. 341
511+775.083. 342
512+ (14) The video and images recorded by a school bus 343
513+infraction detection system which are attached to or referenced 344
514+in the uniform traffi c citation are evidence of a violation of 345
515+s. 316.172(1)(a) or (b) and are admissible in any proceeding to 346
516+enforce this section. The recorded video and images raise a 347
517+rebuttable presumption that the motor vehicle shown in the 348
518+recorded video and images was u sed in violation of s. 349
519+316.172(1)(a) or (b). 350
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528528 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
529529
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532-rebuttable presumption that the motor vehicle shown in the 351
533-recorded video and images was used in violation of s. 352
534-316.172(1)(a) or (b). 353
535- (15) This section supplements the enforcement of s. 354
536-316.172(1)(a) and (b) by a law enforcement officer and does not 355
537-prohibit a law enforcement officer from issuing a uniform 356
538-traffic citation for a violation of s. 316.172(1)(a) or (b). 357
539- (16)(a)1. Notwithstanding any other law, equipment 358
540-deployed as part of a school bus infraction detection system as 359
541-provided under this section may not be capable of automated or 360
542-user-controlled remote surveillance. 361
543- 2. Video and images recorded as part of the school bus 362
544-infraction detection system may only be used to document 363
545-violations of s. 316.172(1)(a) and (b) and may not be used for 364
546-any other surveillance purposes. 365
547- 3. To the extent practicable, a school bus infraction 366
548-detection system must use necessary technology to ensure that 367
549-personal identifying information contained in the video or still 368
550-images recorded by the system which is not relevant to the 369
551-alleged violation, including, but not limited to, the identity 370
552-of the driver and any passenger of a motor vehicle, the interior 371
553-or contents of a motor vehicle, the identity of an uninvolved 372
554-person, a number identifying the address of a private residence, 373
555-and the contents or interior of a private residence, is 374
556-sufficiently obscured so as not to reveal such personal 375
532+ (15) This section supplements the enforcement of s. 351
533+316.172(1)(a) and (b) by a law enforcement officer and does not 352
534+prohibit a law enforcement officer from issuing a uniform 353
535+traffic citation for a violation of s. 316.172(1)(a) or (b). 354
536+ (16)(a)1. Notwithstanding any other law, equipment 355
537+deployed as part of a school bus infraction detection system as 356
538+provided under this section may not be capable of automated or 357
539+user-controlled remote surveillance. 358
540+ 2. Video and images recorded as part of the school bus 359
541+infraction detection system may only be used to document 360
542+violations of s. 316.172(1)(a) and (b) and may not be used for 361
543+any other surveillance purposes. 362
544+ 3. To the extent practicable, a school bus infraction 363
545+detection system must use necessary technology to ensure that 364
546+personal identifying information contained in the video or still 365
547+images recorded by the system which is not relevant to the 366
548+alleged violation, including, but not limited to, the identity 367
549+of the driver and any passenger of a motor vehicle, the interior 368
550+or contents of a motor vehicle, the identity of an uninvolved 369
551+person, a number identifying the address of a private residence, 370
552+and the contents or interior of a private residence, is 371
553+sufficiently obscured so as not to reveal such personal 372
554+identifying information. 373
555+ 4. A notice of a violation or uniform traffic citation 374
556+issued under this section may not be dismissed solely because a 375
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565565 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
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569-identifying information. 376
570- 4. A notice of a violation or uniform traffic citation 377
571-issued under this section may not be dismissed solely because a 378
572-recorded video or still images reveal personal identifying 379
573-information as provided in subparagraph 3. as long as a 380
574-reasonable effort has been made to comply with this subsection. 381
575- (b) Any recorded video or still image obtained through the 382
576-use of a school bus infraction detection system must be 383
577-destroyed within 90 days after the final disposition of the 384
578-recorded event. The vendor of the school bus infraction 385
579-detection system must provide the school district with written 386
580-notice by December 31 of each year that such records have been 387
581-destroyed in accordance with this section. 388
582- (c) Notwithstanding any other law, registered m otor 389
583-vehicle owner information obtained as a result of the operation 390
584-of a school bus infraction detection system is not the property 391
585-of the manufacturer or vendor of the system and may be used only 392
586-for the purposes of this section. 393
587- (17)(a) By October 1, 2023, and quarterly thereafter, each 394
588-school district, in consultation with the law enforcement 395
589-agencies with which it has interlocal agreements pursuant to 396
590-this section, operating a school bus infraction detection system 397
591-must submit a report to the departm ent which details the results 398
592-of the school bus infraction detection systems in the school 399
593-district in the preceding quarter. The information submitted by 400
569+recorded video or still images reveal personal identifying 376
570+information as provided in subparagraph 3. as long as a 377
571+reasonable effort has been made to comply with this subsection. 378
572+ (b) Any recorded video or still image obtained through the 379
573+use of a school bus infraction detection system must be 380
574+destroyed within 90 days after t he final disposition of the 381
575+recorded event. The vendor of the school bus infraction 382
576+detection system must provide the school district with written 383
577+notice by December 31 of each year that such records have been 384
578+destroyed in accordance with this section. 385
579+ (c) Notwithstanding any other law, registered motor 386
580+vehicle owner information obtained as a result of the operation 387
581+of a school bus infraction detection system is not the property 388
582+of the manufacturer or vendor of the system and may be used only 389
583+for the purposes of this section. 390
584+ (17)(a) By October 1, 2023, and quarterly thereafter, each 391
585+school district, in consultation with the law enforcement 392
586+agencies with which it has interlocal agreements pursuant to 393
587+this section, operating a school bus infraction detect ion system 394
588+must submit a report to the department which details the results 395
589+of the school bus infraction detection systems in the school 396
590+district in the preceding quarter. The information from the 397
591+school districts must be submitted in a form and manner 398
592+determined by the department, which the department must make 399
593+available to the school districts by August 1, 2023, and must 400
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602602 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
603603
604604
605605
606-the school districts must be in a form and manner determined by 401
607-the department and must include, at a minimum: 402
608- 1. The number of school buses that have a school bus 403
609-infraction detection system installed, including the date of 404
610-installation and, if applicable, the date the systems were 405
611-removed. 406
612- 2. Per state fiscal year: 407
613- a. The number of notices of viol ation issued and the 408
614-number that were contested and upheld, the number that were 409
615-contested and dismissed, the number that were contested and are 410
616-pending decision, and the number that were paid. 411
617- b. The number of notices of violation that were 412
618-subsequently issued as uniform traffic citations and the number 413
619-that were contested and upheld, the number that were contested 414
620-and dismissed, and the number that were contested and are 415
621-pending decision. 416
622- 3. To determine high -volume locations needing safety 417
623-improvements, data for each individual violation which includes 418
624-GPS coordinates of the violation, the date and time of the 419
625-violation, and the name of the school to or from which the 420
626-school bus was transporting students at the time of the 421
627-violation. 422
628- 4. Any other statistical data and information required by 423
629-the department to complete the report required by paragraph (c). 424
630- (b) Each school district that submits the information 425
606+include at least the following: 401
607+ 1. The number of school buses that have a school bus 402
608+infraction detection system installed, including the date of 403
609+installation and, if applicable, the date the systems were 404
610+removed. 405
611+ 2. The number of notices of violations issued, the number 406
612+that were contested, the number that were upheld, the number 407
613+that were dismissed, the number that were issued as uni form 408
614+traffic citations, and the number that were paid. 409
615+ 3. Data for each infraction to determine locations in need 410
616+of safety improvements. Such data must include, but is not 411
617+limited to, global positioning system coordinates of the 412
618+infraction, the date and time of the infraction, and the name of 413
619+the school to or from which the school bus was transporting 414
620+students. 415
621+ 4. Any other statistical data and information required by 416
622+the department to complete the report required by paragraph (c). 417
623+ (b) Each school district that operates a school bus 418
624+infraction detection system is responsible for and must maintain 419
625+its respective data for reporting purposes under this subsection 420
626+for at least 2 years after such data is reported to the 421
627+department. 422
628+ (c) On or before Decem ber 31, 2024, and annually 423
629+thereafter, the department must submit a summary report to the 424
630+Governor, the President of the Senate, and the Speaker of the 425
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643-required under paragraph (a) must retain such information for 426
644-reporting purposes in accordan ce with this section for at least 427
645-5 years after the conclusion of its school bus infraction 428
646-detection system program. If, after the conclusion of the 429
647-program, a school district reactivates the program, the required 430
648-information retention period resumes. 431
649- (c) On or before December 31, 2024, and annually 432
650-thereafter, the department must submit a summary report to the 433
651-Governor, the President of the Senate, and the Speaker of the 434
652-House of Representatives regarding the use and operation of 435
653-school bus infraction d etection systems under this section, 436
654-along with the department's recommendations and any recommended 437
655-legislation. The summary report must include a review of the 438
656-information submitted to the department by the school districts 439
657-and must describe the enhancem ent of traffic safety and 440
658-enforcement programs. 441
659- (18) A school bus infraction detection system must meet 442
660-specifications established by the State Board of Education and 443
661-must be tested at regular intervals according to specifications 444
662-prescribed by state boa rd rule. The state board must establish 445
663-such specifications by rule on or before December 31, 2023. 446
664-However, any such equipment acquired by purchase, lease, or 447
665-other arrangement under an agreement entered into by a school 448
666-district on or before December 31, 2023, is not required to meet 449
667-the specifications established by the state board until July 1, 450
643+House of Representatives regarding the use and operation of 426
644+school bus infraction detection systems unde r this section, 427
645+along with the department's recommendations and any recommended 428
646+legislation. The summary report must include a review of the 429
647+information submitted to the department by the school districts 430
648+and must describe the enhancement of traffic safety and 431
649+enforcement programs. 432
650+ (18) A school bus infraction detection system must meet 433
651+specifications established by the State Board of Education and 434
652+must be tested at regular intervals according to specifications 435
653+prescribed by state board rule. The state bo ard must establish 436
654+such specifications by rule on or before December 31, 2023. 437
655+However, any such equipment acquired by purchase, lease, or 438
656+other arrangement under an agreement entered into by a school 439
657+district on or before December 31, 2023, is not require d to meet 440
658+the specifications established by the state board until July 1, 441
659+2024. 442
660+ (19) The State Board of Education may adopt rules to 443
661+address student privacy concerns that may arise from the use of 444
662+a school bus infraction detection system. 445
663+ Section 3. Subsection (2) of section 318.14, Florida 446
664+Statutes, is amended to read: 447
665+ 318.14 Noncriminal traffic infractions; exception; 448
666+procedures.— 449
667+ (2) Except as provided in ss. 316.1001(2) , and 316.0083, 450
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676676 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
677677
678678
679679
680-2024. 451
681- (19) The State Board of Education may adopt rules to 452
682-address student privacy concerns that may arise from the use of 453
683-a school bus infraction detection sy stem. 454
684- Section 3. Subsection (2) of section 318.14, Florida 455
685-Statutes, is amended to read: 456
686- 318.14 Noncriminal traffic infractions; exception; 457
687-procedures.— 458
688- (2) Except as provided in ss. 316.1001(2) , and 316.0083, 459
689-and 316.173, any person cited for a violation requiring a 460
690-mandatory hearing listed in s. 318.19 or any other criminal 461
691-traffic violation listed in chapter 316 must sign and accept a 462
692-citation indicating a promise to appear. The officer may 463
693-indicate on the traffic citati on the time and location of the 464
694-scheduled hearing and must indicate the applicable civil penalty 465
695-established in s. 318.18. For all other infractions under this 466
696-section, except for infractions under s. 316.1001, the officer 467
697-must certify by electronic, elect ronic facsimile, or written 468
698-signature that the citation was delivered to the person cited. 469
699-This certification is prima facie evidence that the person cited 470
700-was served with the citation. 471
701- Section 4. Paragraphs (b) and (c) of subsection (5) of 472
702-section 318.18, Florida Statutes, are amended, and paragraph (e) 473
703-is added to that subsection, to read: 474
704- 318.18 Amount of penalties. —The penalties required for a 475
680+and 316.173, any person cited for a violation requiring a 451
681+mandatory hearing listed in s. 318.19 or any other criminal 452
682+traffic violation listed in chapter 316 must sign and accept a 453
683+citation indicating a promise to appear. The officer may 454
684+indicate on the traffic citati on the time and location of the 455
685+scheduled hearing and must indicate the applicable civil penalty 456
686+established in s. 318.18. For all other infractions under this 457
687+section, except for infractions under s. 316.1001, the officer 458
688+must certify by electronic, elect ronic facsimile, or written 459
689+signature that the citation was delivered to the person cited. 460
690+This certification is prima facie evidence that the person cited 461
691+was served with the citation. 462
692+ Section 4. Paragraphs (b) and (c) of subsection (5) of 463
693+section 318.18, Florida Statutes, are amended, and paragraph (e) 464
694+is added to that subsection, to read: 465
695+ 318.18 Amount of penalties. —The penalties required for a 466
696+noncriminal disposition pursuant to s. 318.14 or a criminal 467
697+offense listed in s. 318.17 are as follows: 468
698+ (5) 469
699+ (b)1. Four hundred dollars for a violation of s. 470
700+316.172(1)(b), passing a school bus on the side that children 471
701+enter and exit when the school bus displays a stop signal. If, 472
702+at a hearing, the alleged offender is found to have committed 473
703+this offense, the court shall impose a minimum civil penalty of 474
704+$400. 475
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713713 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
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715715
716716
717-noncriminal disposition pursuant to s. 318.14 or a criminal 476
718-offense listed in s. 318.17 are as follows: 477
719- (5) 478
720- (b)1. Four hundred dollars for a violation of s. 479
721-316.172(1)(b), passing a school bus on the side that children 480
722-enter and exit when the school bus displays a stop signal. If, 481
723-at a hearing, the alleged offender is found to have committed 482
724-this offense, the court shall impose a minimum civil penalty of 483
725-$400. 484
726- 2. If a violation of s. 316.172(1)(b) is enforced by a 485
727-school bus infraction detection system pursuant to s. 316.173, 486
728-the penalty under this paragraph is $200. If, at a hearing, the 487
729-alleged offender is found to have committed the violation, the 488
730-court shall impose a minimum civil penalty of $200. 489
731- 3. In addition to this penalty, for a second or subsequent 490
732-offense within a period of 5 years, the department shall suspend 491
733-the driver license of the perso n for not less than 360 days and 492
734-not more than 2 years. 493
735- (c) In addition to the penalty under paragraph (a) or 494
736-paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 495
737-If the alleged offender is found to have committed the offense, 496
738-the court shall impose the civil penalty under paragraph (a) or 497
739-paragraph (b) plus an additional $65. The additional $65 498
740-collected under this paragraph shall be remitted to the 499
741-Department of Revenue for deposit into the Emergency Medical 500
717+ 2. If a violation of s. 316.172(1)(b) is enforced by a 476
718+school bus infraction detection system pursuant to s. 316.173, 477
719+the penalty under this paragraph is $200. If, at a hearing, the 478
720+alleged offender is found to have committed the violation, the 479
721+court shall impose a minimum civil penalty of $200. 480
722+ 3. In addition to this penalty, for a second or subsequent 481
723+offense within a period of 5 years, the department shall suspend 482
724+the driver license of the perso n for not less than 360 days and 483
725+not more than 2 years. 484
726+ (c) In addition to the penalty under paragraph (a) or 485
727+paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 486
728+If the alleged offender is found to have committed the offense, 487
729+the court shall impose the civil penalty under paragraph (a) or 488
730+paragraph (b) plus an additional $65. The additional $65 489
731+collected under this paragraph shall be remitted to the 490
732+Department of Revenue for deposit into the Emergency Medical 491
733+Services Trust Fund of the Departme nt of Health to be used as 492
734+provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 493
735+(b) is enforced by a school bus infraction detection system 494
736+pursuant to s. 316.173, the additional amount imposed on the 495
737+uniform traffic citation or by the court unde r this paragraph is 496
738+$25, in lieu of the additional $65, and must be dedicated to the 497
739+safe schools allocation provided to school districts by the 498
740+Department of Education pursuant to s. 1011.62(12). 499
741+ (e) If a person who is mailed a uniform traffic citation 500
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750750 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
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754-Services Trust Fund of the Departme nt of Health to be used as 501
755-provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 502
756-(b) is enforced by a school bus infraction detection system 503
757-pursuant to s. 316.173, the additional amount imposed on the 504
758-uniform traffic citation or by the court unde r this paragraph is 505
759-$25, in lieu of the additional $65, and must be dedicated to the 506
760-safe schools allocation provided to school districts by the 507
761-Department of Education pursuant to s. 1011.62(12). 508
762- (e) If a person who is mailed a uniform traffic citation 509
763-for a violation of s. 316.172(1)(a) or (b), as enforced by a 510
764-school bus infraction detection system pursuant to s. 316.173, 511
765-presents documentation from the appropriate law enforcement 512
766-agency that the uniform traffic citation was in error, the clerk 513
767-of court may dismiss the case. The clerk of court may not charge 514
768-for this service. 515
769- Section 5. Paragraph (d) of subsection (3) of section 516
770-322.27, Florida Statutes, is amended to read: 517
771- 322.27 Authority of department to suspend or revoke driver 518
772-license or identification card.— 519
773- (3) There is established a point system for evaluation of 520
774-convictions of violations of motor vehicle laws or ordinances, 521
775-and violations of applicable provisions of s. 403.413(6)(b) when 522
776-such violations involve the use of motor vehicles, for the 523
777-determination of the continuing qualification of any person to 524
778-operate a motor vehicle. The department is authorized to suspend 525
754+for a violation of s. 316.172(1)(a) or (b), as enforced by a 501
755+school bus infraction detection system pursuant to s. 316.173, 502
756+presents documentation from the appropriate law enforcement 503
757+agency that the uniform traffic citation was in error, the clerk 504
758+of court may dismiss the case. The clerk of court may not charge 505
759+for this service. 506
760+ Section 5. Paragraph (d) of subsection (3) of section 507
761+322.27, Florida Statutes, is amended to read: 508
762+ 322.27 Authority of department to suspend or revoke driver 509
763+license or identification card.— 510
764+ (3) There is established a point system for evaluation of 511
765+convictions of violations of motor vehicle laws or ordinances, 512
766+and violations of applicable provisions of s. 403.413(6)(b) when 513
767+such violations involve the use of motor vehicles, for the 514
768+determination of the continuing qualification of any person to 515
769+operate a motor vehicle. The department is authorized to suspend 516
770+the license of any person upon showing of its records or other 517
771+good and sufficient evidence that the licensee has been 518
772+convicted of violation of motor vehicle laws or ordinances, or 519
773+applicable provisions of s. 403.413(6)(b), amounting to 12 or 520
774+more points as determined by the point system. The suspension 521
775+shall be for a period of not more than 1 year. 522
776+ (d) The point system shall have as its basic element a 523
777+graduated scale of points assigning relative values to 524
778+convictions of the following violations: 525
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787787 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
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790790
791-the license of any person upon showing of its records or other 526
792-good and sufficient evidence that the licensee has been 527
793-convicted of violation of motor vehicle laws or ordinances, or 528
794-applicable provisions of s. 403.413(6)(b), amounting to 12 or 529
795-more points as determined by the point system. The suspension 530
796-shall be for a period of not more than 1 year. 531
797- (d) The point system shall have as its basic element a 532
798-graduated scale of points assigning relative values to 533
799-convictions of the following violations: 534
800- 1. Reckless driving, willful and wanton —4 points. 535
801- 2. Leaving the scene of a crash resulting in property 536
802-damage of more than $50—6 points. 537
803- 3. Unlawful speed, or unlawful use of a wireless 538
804-communications device, resulting in a crash —6 points. 539
805- 4. Passing a stopped school bus: 540
806- a. Not causing or resulting in serious bodily injury to or 541
807-death of another—4 points. 542
808- b. Causing or resulting in serious bodily injury to or 543
809-death of another—6 points. 544
810- c. Points may not be imposed for a violation of passing a 545
811-stopped school bus as provided in s. 316.172(1)(a) or (b) when 546
812-enforced by a school bus infraction detection system pursuan t to 547
813-s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 548
814-when enforced by a school bus infraction detection system 549
815-pursuant to s. 316.173 may not be used for purposes of setting 550
791+ 1. Reckless driving, willful and wanton —4 points. 526
792+ 2. Leaving the scene of a crash resulting in property 527
793+damage of more than $50—6 points. 528
794+ 3. Unlawful speed, or unlawful use of a wireless 529
795+communications device, resulting in a crash —6 points. 530
796+ 4. Passing a stopped school bus: 531
797+ a. Not causing or resulting in serious bodily injury to or 532
798+death of another—4 points. 533
799+ b. Causing or resulting in serious bodily injury to or 534
800+death of another—6 points. 535
801+ c. Points may not be imposed for a violation of passing a 536
802+stopped school bus as provided in s. 316.172(1)(a) or (b) when 537
803+enforced by a school bus infraction detection system pursuan t to 538
804+s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 539
805+when enforced by a school bus infraction detection system 540
806+pursuant to s. 316.173 may not be used for purposes of setting 541
807+motor vehicle insurance rates. 542
808+ 5. Unlawful speed: 543
809+ a. Not in excess of 15 miles per hour of lawful or posted 544
810+speed—3 points. 545
811+ b. In excess of 15 miles per hour of lawful or posted 546
812+speed—4 points. 547
813+ 6. A violation of a traffic control signal device as 548
814+provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 549
815+However, no points shall be imposed for a violation of s. 550
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824824 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
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827827
828-motor vehicle insurance rates. 551
829- 5. Unlawful speed: 552
830- a. Not in excess of 15 miles per hour of lawful or posted 553
831-speed—3 points. 554
832- b. In excess of 15 miles per hour of lawful or posted 555
833-speed—4 points. 556
834- 6. A violation of a traffic control signal device as 557
835-provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 558
836-However, no points shall be imposed for a violation of s. 559
837-316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 560
838-stop at a traffic signal and when enforced by a traffic 561
839-infraction enforcement officer. In addition, a violation of s. 562
840-316.074(1) or s. 316.075(1) (c)1. when a driver has failed to 563
841-stop at a traffic signal and when enforced by a traffic 564
842-infraction enforcement officer may not be used for purposes of 565
843-setting motor vehicle insurance rates. 566
844- 7. All other moving violations (including parking on a 567
845-highway outside the limits of a municipality) —3 points. However, 568
846-no points shall be imposed for a violation of s. 316.0741 or s. 569
847-316.2065(11); and points shall be imposed for a violation of s. 570
848-316.1001 only when imposed by the court after a hearing pursuant 571
849-to s. 318.14(5). 572
850- 8. Any moving violation covered in this paragraph, 573
851-excluding unlawful speed and unlawful use of a wireless 574
852-communications device, resulting in a crash —4 points. 575
828+316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 551
829+stop at a traffic signal and when enforced by a traffic 552
830+infraction enforcement officer. In addition, a violation of s. 553
831+316.074(1) or s. 316.075( 1)(c)1. when a driver has failed to 554
832+stop at a traffic signal and when enforced by a traffic 555
833+infraction enforcement officer may not be used for purposes of 556
834+setting motor vehicle insurance rates. 557
835+ 7. All other moving violations (including parking on a 558
836+highway outside the limits of a municipality) —3 points. However, 559
837+no points shall be imposed for a violation of s. 316.0741 or s. 560
838+316.2065(11); and points shall be imposed for a violation of s. 561
839+316.1001 only when imposed by the court after a hearing pursuant 562
840+to s. 318.14(5). 563
841+ 8. Any moving violation covered in this paragraph, 564
842+excluding unlawful speed and unlawful use of a wireless 565
843+communications device, resulting in a crash —4 points. 566
844+ 9. Any conviction under s. 403.413(6)(b) —3 points. 567
845+ 10. Any conviction under s. 316.0775(2)—4 points. 568
846+ 11. A moving violation covered in this paragraph which is 569
847+committed in conjunction with the unlawful use of a wireless 570
848+communications device within a school safety zone —2 points, in 571
849+addition to the points assigned for the moving violation. 572
850+ Section 6. Paragraph (h) is added to subsection (3) of 573
851+section 1006.21, Florida Statutes, to read: 574
852+ 1006.21 Duties of district school superintendent and 575
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861861 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
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865- 9. Any conviction under s. 403.413(6)(b) —3 points. 576
866- 10. Any conviction under s . 316.0775(2)—4 points. 577
867- 11. A moving violation covered in this paragraph which is 578
868-committed in conjunction with the unlawful use of a wireless 579
869-communications device within a school safety zone —2 points, in 580
870-addition to the points assigned for the moving violation. 581
871- Section 6. Paragraph (h) is added to subsection (3) of 582
872-section 1006.21, Florida Statutes, to read: 583
873- 1006.21 Duties of district school superintendent and 584
874-district school board regarding transportation. — 585
875- (3) District school boards, after co nsidering 586
876-recommendations of the district school superintendent: 587
877- (h) May install and operate, or enter into an agreement 588
878-with a private vendor or manufacturer to provide, a school bus 589
879-infraction detection system pursuant to s. 316.173. 590
880- Section 7. Paragraph (a) of subsection (3) of section 591
881-316.306, Florida Statutes, is amended to read: 592
882- 316.306 School and work zones; prohibition on the use of a 593
883-wireless communications device in a handheld manner. — 594
884- (3)(a)1. A person may not operate a motor vehicle wh ile 595
885-using a wireless communications device in a handheld manner in a 596
886-designated school crossing, school zone, or work zone area as 597
887-defined in s. 316.003(110) s. 316.003(109). This subparagraph 598
888-shall only be applicable to work zone areas if construction 599
889-personnel are present or are operating equipment on the road or 600
865+district school board regarding transportation. — 576
866+ (3) District school boards, after considering 577
867+recommendations of the district school superintendent: 578
868+ (h) May install and operate, or enter into an agreement 579
869+with a private vendor or manufacturer to provide, a school bus 580
870+infraction detection system pursuant to s. 316.173. 581
871+ Section 7. Paragraph (a) of subsection (3) of section 582
872+316.306, Florida Statutes, is amended to read: 583
873+ 316.306 School and work zones; prohibition on the use of a 584
874+wireless communications device in a handheld manner. — 585
875+ (3)(a)1. A person may not operate a motor vehicle while 586
876+using a wireless communications device in a handheld manner in a 587
877+designated school crossing, school zone, or work zone area as 588
878+defined in s. 316.003(110) s. 316.003(109). This subparagraph 589
879+shall only be applicable to work zone areas if construction 590
880+personnel are present or are operating equipment on the road or 591
881+immediately adjacent to the work zone area. For the purposes of 592
882+this paragraph, a motor vehicle that is stationary is not being 593
883+operated and is not subject to the prohibition in this 594
884+paragraph. 595
885+ 2. Effective January 1, 2020, a law enforcement officer 596
886+may stop motor vehicles and issue citations to persons who are 597
887+driving while using a wireless communications device in a 598
888+handheld manner in violation of subparagraph 1. 599
889+ Section 8. Subsection (1 ) of section 655.960, Florida 600
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902-immediately adjacent to the work zone area. For the purposes of 601
903-this paragraph, a motor vehicle that is stationary is not being 602
904-operated and is not subject to the prohibition in this 603
905-paragraph. 604
906- 2. Effective January 1, 2020, a law enforcement officer 605
907-may stop motor vehicles and issue citations to persons who are 606
908-driving while using a wireless communications device in a 607
909-handheld manner in violation of subparagraph 1. 608
910- Section 8. Subsection (1) of section 655.960, Florida 609
911-Statutes, is amended to read: 610
912- 655.960 Definitions; ss. 655.960 -655.965.—As used in this 611
913-section and ss. 655.961 -655.965, unless the context otherwise 612
914-requires: 613
915- (1) "Access area" means any paved walkway or sidewalk 614
916-which is within 50 feet of any automated teller machine. The 615
917-term does not include any street or highway open to the use of 616
918-the public, as defined in s. 316.003(88)(a) s. 316.003(87)(a) or 617
919-(b), including any adjacent sidewalk, as defined in s. 316.003. 618
920- Section 9. This act shall take effect July 1, 2023. 619
902+Statutes, is amended to read: 601
903+ 655.960 Definitions; ss. 655.960 -655.965.—As used in this 602
904+section and ss. 655.961 -655.965, unless the context otherwise 603
905+requires: 604
906+ (1) "Access area" means any paved walkway or sidewalk 605
907+which is within 50 feet of any automated teller machine. The 606
908+term does not include any street or highway open to the use of 607
909+the public, as defined in s. 316.003(88)(a) s. 316.003(87)(a) or 608
910+(b), including any adjacent sidewalk, as defined in s. 316.003. 609
911+ Section 9. This act shall take effect July 1, 2023. 610