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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to student transportation safety; 2
amending s. 316.003, F.S.; revising the definition of 3
the term "local hearing officer"; amending s. 316.173, 4
F.S.; authorizing charter schools and private schools 5
to install and operate school bus infractio n detection 6
systems; providing construction ; authorizing traffic 7
infraction enforcement officers who meet specified 8
requirements and school board security agencies to 9
enforce specified violations; revising requirements 10
for signage posted on the rear of a s chool bus 11
indicating use of a school bus infraction detection 12
system; authorizing the governing board of a school 13
entity to establish certain procedures for a hearing 14
to contest liability or a notice of violation; 15
revising the required uses for civil penal ties 16
assessed and collected for certain violations; 17
prohibiting school bus infraction detection systems 18
from being used for remote surveillance; providing 19
construction; revising purposes for which video and 20
images recorded as part of a school bus infractio n 21
detection system may be used; amending s. 316.640, 22
F.S.; providing that a school safety officer who 23
completes certain training may be authorized by a 24
county, municipality, or school entity as a traffic 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
infraction enforcement officer and may issue certain 26
notices and citations; amending s. 318.18, F.S.; 27
requiring certain civil penalties to be remitted to a 28
school district, charter school, or private school 29
operating a school bus with a school bus infraction 30
detection system to be used for certain purposes; 31
providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Subsection (38) of section 316.003, Florida 36
Statutes, is amended to read: 37
316.003 Definitions. —The following words and phrases, when 38
used in this chapter, shall have the meanings respectively 39
ascribed to them in this section, except where the context 40
otherwise requires: 41
(38) LOCAL HEARING OFFICER. — 42
(a) The person, designated by a department, county, or 43
municipality that elects to authorize tr affic infraction 44
enforcement officers to issue traffic citations under ss. 45
316.0083(1)(a) and 316.1896(1), who is authorized to conduct 46
hearings related to a notice of violation issued pursuant to s. 47
316.0083 or s. 316.1896. The charter county, noncharter county, 48
or municipality may use its currently appointed code enforcement 49
board or special magistrate to serve as the local hearing 50
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officer. The department may enter into an interlocal agreement 51
to use the local hearing officer of a county or municipality. 52
(b) The person, designated by a school district, charter 53
school, or private school that elects to authorize traffic 54
infraction enforcement officers or one or more law enforcement 55
agencies to issue traffic citations under s. 316.173, who is 56
authorized to conduct hearings related to a notice of violation 57
issued pursuant to s. 316.173. The school district, charter 58
school, or private school may use an attorney in good standing 59
with The Florida Bar for at least 5 years designated by the 60
governing board to serv e as the local hearing officer. A local 61
hearing officer designated under this paragraph may serve in 62
such office for one or more school entities, and such service 63
does not constitute dual officeholding as prohibited by s. 5(a), 64
Art. II of the State Constit ution. The school district, charter 65
school, or private school may enter into an interlocal agreement 66
to use the local hearing officer of a county or municipality. 67
Section 2. Subsections (6) through (19) of section 68
316.173, Florida Statutes, are renumbe red as subsections (7) 69
through (20), respectively, subsection (1), paragraph (a) of 70
subsection (2), subsections (3), (4), and (5), and present 71
subsections (7), (8), (10), (11), (12), (16), and (17) are 72
amended, and a new subsection (6) is added to that sec tion, to 73
read: 74
316.173 School bus infraction detection systems. — 75
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(1)(a) A school district , charter school, or private 76
school may install and operate a school bus infraction detection 77
system on a school bus for the purpose of enforcing s. 78
316.172(1)(a) and (b) as provided in and consistent with this 79
section. 80
(b) The school district , charter school, or private school 81
may contract with a private vendor or manufacturer to install a 82
school bus infraction detection system on any school bus within 83
its fleet, whether owned, contracted, or leased, and for 84
services including, but not limited to, the installation, 85
operation, and maintenance of the system. The school district's , 86
charter school's, or private school's decision to install school 87
bus infraction detect ion systems must be based solely on the 88
need to increase public safety. An individual may not receive a 89
commission from any revenue collected from violations detected 90
through the use of a school bus infraction detection system. A 91
private vendor or manufact urer may not receive a fee or 92
remuneration based upon the number of violations detected 93
through the use of a school bus infraction detection system. 94
This paragraph may not be construed to prohibit a private vendor 95
or manufacturer from receiving a fixed per centage of collected 96
proceeds for service rendered in relation to the installation, 97
operation, or maintenance of school bus infraction detection 98
systems. 99
(c) The school district , charter school, or private school 100
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must ensure that each school bus infracti on detection system 101
meets the requirements of subsection (19) (18). 102
(d) The school district , charter school, or private school 103
may must enter into an interlocal agreement with one or more law 104
enforcement agencies authorized to enforce violations of s. 105
316.172(1)(a) and (b) within the school district which jointly 106
establishes the responsibilities of enforcement and the 107
reimbursement of costs associated with school bus infraction 108
detection systems consistent with this section. For the purposes 109
of administering this section, a traffic infraction enforcement 110
officer who meets the requirements of s. 316.640 or a certified 111
school board security agency that employs law enforcement 112
officers may enforce violations of s. 316.172(1)(a) and (b) as 113
authorized by this s ection. 114
(2)(a) The school district , charter school, or private 115
school must post high-visibility reflective signage on the rear 116
of each school bus in which a school bus infraction detection 117
system is installed and operational which indicates the use of 118
such system. The signage must be in the form of one or more 119
signs or stickers and must contain the following elements in 120
substantially the following form: 121
1. The words "STOP WHEN RED LIGHTS FLASH" or "DO NOT PASS 122
WHEN RED LIGHTS FLASH." 123
2. The words "CAMERA ENFORCED." 124
3. A graphic depiction of a camera. 125
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(3) If a school district , charter school, or private 126
school that has never conducted a school bus infraction 127
detection system program begins such a program, the school 128
district, charter school, or private school must make a public 129
announcement and conduct a public awareness campaign of the 130
proposed use of school bus infraction detection systems at least 131
30 days before commencing enforcement under the school bus 132
infraction detection system program an d notify the public of the 133
specific date on which the program will commence. During the 30 -134
day public awareness campaign, only a warning may be issued to 135
the registered owner of a motor vehicle for a violation of s. 136
316.172(1)(a) or (b) enforced by a schoo l bus infraction 137
detection system, and a civil penalty may not be imposed under 138
chapter 318. 139
(4) Within 30 days after an alleged violation of s. 140
316.172(1)(a) or (b) is recorded by a school bus infraction 141
detection system, the school district , charter school, or 142
private school or the private vendor or manufacturer under 143
paragraph (1)(b) must submit the following information to a law 144
enforcement agency or a traffic infraction enforcement officer 145
designated that has entered into an interlocal agreement with 146
the school district pursuant to paragraph (1)(d) and has traffic 147
infraction enforcement jurisdiction at the location where the 148
alleged violation occurred : 149
(a) A copy of the recorded video and images showing the 150
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motor vehicle allegedly violating s. 316.1 72(1)(a) or (b). 151
(b) The motor vehicle's license plate number and the state 152
of issuance of the motor vehicle's license plate. 153
(c) The date, time, and location of the alleged violation. 154
(5) Within 30 days after receiving the information 155
required in subsection (4), the law enforcement agency or its 156
agent, or a traffic infraction enforcement officer , if it is 157
determined determines that the motor vehicle violated s. 158
316.172(1)(a) or (b), must send a notice of violation to the 159
registered owner of the motor vehicle involved in the violation 160
specifying the remedies available under s. 318.14 and that the 161
violator must pay the penalty under s. 318.18(5) or furnish an 162
affidavit in accordance with subsection (11) (10) within 30 days 163
after the notice of violation is sent in order to avoid court 164
fees, costs, and the issuance of a uniform traffic citation. The 165
notice of violation must be sent by first -class mail and include 166
all of the following: 167
(a) A copy of one or more recorded images showing the 168
motor vehicle involved in the violation, including an image 169
showing the license plate of the motor vehicle. 170
(b) The date, time, and location of the violation. 171
(c) The amount of the civil penalty, the date by which the 172
civil penalty must be paid, and instructions on ho w to pay the 173
civil penalty. 174
(d) Instructions on how to request a hearing to contest 175
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liability or the notice of violation. In lieu of hearings 176
administered by a county traffic court, the governing board of a 177
school entity, by resolution, may establish the hearing 178
procedures provided in subsection (6). 179
(e) A notice that the owner has the right to review, in 180
person or remotely, the video and images recorded by the school 181
bus infraction detection system which constitute a rebuttable 182
presumption that the mot or vehicle was used in violation of s. 183
316.172(1)(a) or (b). 184
(f) The time when, and the place or website at which, the 185
recorded video and images may be examined and observed. 186
(g) A warning that failure to pay the civil penalty or to 187
contest liability within 30 days after the notice is sent will 188
result in the issuance of a uniform traffic citation. 189
(6) The governing board of a school entity, by resolution, 190
may establish the following procedures for a hearing under this 191
section: 192
(a) The department sha ll publish and make available 193
electronically to each school entity's governing board a model 194
request for hearing form to assist each school entity's 195
governing board administering this section. Such request for 196
hearing form must include the option for a per son, referred to 197
in this subsection as the "petitioner," to choose whether to 198
attend the hearing in person or virtually. 199
(b) A school district, charter school, or private school 200
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operating school bus infraction detection systems on school 201
buses which elects to authorize traffic infraction enforcement 202
officers or one or more law enforcement agencies to issue 203
traffic citations under this section shall designate by 204
resolution existing staff or a designated staff agent to serve 205
as the clerk to the local hearin g officer. 206
(c) A petitioner who elects to request a hearing under 207
this section shall be scheduled for a hearing by the clerk to 208
the local hearing officer to appear before a local hearing 209
officer in person or virtually, with notice to be sent by first -210
class mail. Upon receipt of the notice, the petitioner may 211
reschedule the hearing once by submitting a written request to 212
reschedule to the clerk to the local hearing officer, at least 5 213
calendar days before the day of the originally scheduled 214
hearing. The petitioner may cancel his or her appearance before 215
the local hearing officer by paying the penalty assessed under 216
s. 318.18, plus $50 in administrative costs, before the start of 217
the hearing. 218
(d) All testimony at the hearing shall be under oath and 219
shall be recorded. The local hearing officer shall take 220
testimony from a traffic infraction enforcement officer, or law 221
enforcement agency designee, and the petitioner, and may take 222
testimony from others. The local hearing officer shall review 223
the video and images made available under this section. Formal 224
rules of evidence do not apply, but due process and the 225
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preponderance of evidence standard shall be observed and govern 226
the proceedings. 227
(e) At the conclusion of the hearing, the local hearing 228
officer shall determine whether a violation under this section 229
has occurred, in which case the hearing officer shall uphold or 230
dismiss the violation. The local hearing officer shall issue a 231
final administrative order including the determination and, if 232
the notice of violat ion is upheld, require the petitioner to pay 233
the penalty previously assessed under s. 318.18, and may also 234
require the petitioner to pay school entity costs, including 235
local hearing officer and hearing administrative costs, not to 236
exceed $250. The final ad ministrative order shall be mailed to 237
the petitioner by first -class mail. 238
(f) An aggrieved party may appeal a final administrative 239
order consistent with the process provided under s. 162.11. 240
(8)(7) The civil penalties assessed and collected for a 241
violation of s. 316.172(1)(a) or (b) enforced by a school bus 242
infraction detection system must be remitted to the school 243
district in which the violation occurred or to the charter 244
school or private school that reported the violation . Such civil 245
penalties must be used for the installation , operation, or 246
maintenance of school bus infraction detection systems on school 247
buses, including student transportation safety initiatives, 248
driver recruitment and retention stipends, or other student 249
transportation safety enhancements for any other technology that 250
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increases the safety of the transportation of students , or for 251
the administration and costs associated with the enforcement of 252
violations as described in this sect ion. 253
(9)(8) A uniform traffic citation must be issued by 254
mailing the uniform traffic citation by certified mail to the 255
address of the registered owner of the motor vehicle involved in 256
the violation if payment has not been made within 30 days after 257
notification under subsection (5) and if the registered owner 258
has not submitted an affidavit in accordance with subsection 259
(11) (10). 260
(11)(10) To establish such facts under subsection (10) 261
(9), the registered owner of the motor vehicle must, within 30 262
days after the date of issuance of the notice of violation or 263
the uniform traffic citation, furnish to the law enforcement 264
agency or its agent who that issued the notice of violation or 265
uniform traffic citation an affidavit setting forth information 266
supporting an exception under subsection (10) (9). 267
(a) An affidavit supporting the exception under paragraph 268
(10)(a) (9)(a) must include the name, address, date of birth, 269
and, if known, the driver license number of the person who 270
leased, rented, or otherwise had care, custody, or control of 271
the motor vehicle at the time of the alleged violation. If the 272
motor vehicle was stolen at the time of the alleged violation, 273
the affidavit must include the police report indicating that the 274
motor vehicle was stolen. 275
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(b) If a uniform traffic citation for a violation of s. 276
316.172(1)(a) or (b) was issued at the location of the violation 277
by a law enforcement officer, the affidavit must include the 278
serial number of the uniform traffic citation. 279
(c) If the motor vehicle's owner to wh om a notice of 280
violation or a uniform traffic citation has been issued is 281
deceased, the affidavit must include a certified copy of the 282
owner's death certificate showing that the date of death 283
occurred on or before the date of the alleged violation and one 284
of the following: 285
1. A bill of sale or other document showing that the 286
deceased owner's motor vehicle was sold or transferred after his 287
or her death but on or before the date of the alleged violation. 288
2. Documented proof that the registered license plate 289
belonging to the deceased owner's motor vehicle was returned to 290
the department or any branch office or authorized agent of the 291
department after his or her death but on or before the date of 292
the alleged violation. 293
3. A copy of the police report show ing that the deceased 294
owner's registered license plate or motor vehicle was stolen 295
after his or her death but on or before the date of the alleged 296
violation. 297
298
Upon receipt of the affidavit and documentation required under 299
paragraphs (b) and (c), or 30 days after the date of issuance of 300
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a notice of violation sent to a person identified as having 301
care, custody, or control of the motor vehicle at the time of 302
the violation under paragraph (a), the law enforcement agency or 303
its agent, or traffic infraction enfor cement officer must 304
dismiss the notice or citation and provide proof of such 305
dismissal to the person who submitted the affidavit. If, within 306
30 days after the date of a notice of violation sent to a person 307
under subsection (12) (11), the law enforcement ag ency or its 308
agent, or traffic infraction enforcement officer receives an 309
affidavit under subsection (13) (12) from the person who was 310
sent a notice of violation affirming that the person did not 311
have care, custody, or control of the motor vehicle at the ti me 312
of the violation, the law enforcement agency or its agent, or 313
traffic infraction enforcement officer must notify the 314
registered owner that the notice or citation will not be 315
dismissed due to failure to establish that another person had 316
care, custody, or control of the motor vehicle at the time of 317
the violation. 318
(12)(11) Upon receipt of an affidavit under paragraph 319
(10)(a) (9)(a), the law enforcement agency may issue the person 320
identified as having care, custody, or control of the motor 321
vehicle at the time of the violation a notice of violation 322
pursuant to subsection (5) for a violation of s. 316.172(1)(a) 323
or (b). The affidavit is admissible in a proceeding pursuant to 324
this section for the purpose of providing evidence that the 325
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person identified in the a ffidavit was in actual care, custody, 326
or control of the motor vehicle. The owner of a leased motor 327
vehicle for which a uniform traffic citation is issued for a 328
violation of s. 316.172(1)(a) or (b) is not responsible for 329
paying the uniform traffic citation and is not required to 330
submit an affidavit as specified in subsection (11) (10) if the 331
motor vehicle involved in the violation is registered in the 332
name of the lessee of such motor vehicle. 333
(13)(12) If a law enforcement agency or traffic infraction 334
enforcement officer receives an affidavit under paragraph 335
(10)(a) (9)(a), the notice of violation required under 336
subsection (5) must be sent to the person identified in the 337
affidavit within 30 days after receipt of the affidavit. The 338
person identified in an aff idavit and sent a notice of violation 339
may also affirm he or she did not have care, custody, or control 340
of the motor vehicle at the time of the violation by furnishing 341
to the appropriate law enforcement agency or traffic infraction 342
enforcement officer within 30 days after the date of the notice 343
of violation an affidavit stating such. 344
(17)(16)(a)1. Notwithstanding any other law, equipment 345
deployed as part of A school bus infraction detection system as 346
provided under this section may not be used for capable of 347
automated or user-controlled remote surveillance. The collection 348
of evidence by a school bus infraction detection system to 349
enforce violations of s. 316.172 does not constitute remote 350
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surveillance. 351
2. Video and images recorded as part of a the school bus 352
infraction detection system may only be used for traffic 353
enforcement and for purposes of determining criminal or civil 354
liability for incidents captured by the school bus infraction 355
detection system incidental to the permissible use of the schoo l 356
bus infraction detection system to document violations of s. 357
316.172(1)(a) and (b) and may not be used for any other 358
surveillance purposes . 359
2.3. To the extent practicable, a school bus infraction 360
detection system must use necessary technology to ensure that 361
personal identifying information contained in the video or still 362
images recorded by the system which is not relevant to the 363
alleged violation, including, but not limited to, the identity 364
of the driver and any passenger of a motor vehicle, the interio r 365
or contents of a motor vehicle, the identity of an uninvolved 366
person, a number identifying the address of a private residence, 367
and the contents or interior of a private residence, is 368
sufficiently obscured so as not to reveal such personal 369
identifying information. 370
3.4. A notice of a violation or uniform traffic citation 371
issued under this section may not be dismissed solely because a 372
recorded video or still images reveal personal identifying 373
information as provided in subparagraph 2. 3. as long as a 374
reasonable effort has been made to comply with this subsection. 375
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(b) Any recorded video or still image obtained through the 376
use of a school bus infraction detection system must be 377
destroyed within 90 days after the final disposition of the 378
recorded event. The vendor of the school bus infraction 379
detection system must provide the school district , charter 380
school, or private school with written notice by December 31 of 381
each year that such records have been destroyed in accordance 382
with this section. 383
(c) Notwithstanding any other law, registered motor 384
vehicle owner information obtained as a result of the operation 385
of a school bus infraction detection system is not the property 386
of the manufacturer or vendor of the system and may be used only 387
for the purposes of this section. 388
(18)(17)(a) By October 1, 2023, and quarterly thereafter, 389
each school district , charter school, or private school , in 390
consultation with the law enforcement agencies with which it has 391
interlocal agreements pursuant to this section, operating a 392
school bus infraction detection system must submit , in 393
consultation with the law enforcement agencies with which it has 394
interlocal agreements pursuant to this section or with traffic 395
infraction enforcement officers designated pursuant to paragraph 396
(1)(d), a report to the department which details the results of 397
the school bus infraction detection systems in the school 398
district, charter school, or private school in the preceding 399
quarter. The information from the school districts , charter 400
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schools, or private sch ools must be submitted in a form and 401
manner determined by the department, which the department must 402
make available to the school districts by August 1, 2023, and to 403
the charter schools and private schools by August 1, 2024, and 404
must include at least the fo llowing: 405
1. The number of school buses that have a school bus 406
infraction detection system installed, including the date of 407
installation and, if applicable, the date the systems were 408
removed. 409
2. The number of notices of violations issued, the number 410
that were contested, the number that were upheld, the number 411
that were dismissed, the number that were issued as uniform 412
traffic citations, and the number that were paid. 413
3. Data for each infraction to determine locations in need 414
of safety improvements. Suc h data may must include, but is not 415
limited to, global positioning system coordinates of the 416
infraction, the date and time of the infraction, and the name of 417
the school that the school bus was transporting students to or 418
from. 419
4. Any other statistical da ta and information required by 420
the department to complete the report required by paragraph (c). 421
(b) Each school district , charter school, or private 422
school that operates a school bus infraction detection system is 423
responsible for and must maintain its re spective data for 424
reporting purposes under this subsection for at least 2 years 425
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after such data is reported to the department. 426
(c) On or before December 31, 2024, and annually 427
thereafter, the department shall submit a summary report to the 428
Governor, the President of the Senate, and the Speaker of the 429
House of Representatives regarding the use and operation of 430
school bus infraction detection systems under this section, 431
along with the department's recommendations and any recommended 432
legislation. The summary report must include a review of the 433
information submitted to the department by the school districts , 434
charter schools, and private schools and must describe the 435
enhancement of traffic safety and enforcement programs. 436
Section 3. Paragraph (a) of subsect ion (1), paragraph (a) 437
of subsection (3), and paragraph (a) of subsection (5) of 438
section 316.640, Florida Statutes, are amended to read: 439
316.640 Enforcement. —The enforcement of the traffic laws 440
of this state is vested as follows: 441
(1) STATE.— 442
(a)1.a. The Division of Florida Highway Patrol of the 443
Department of Highway Safety and Motor Vehicles; the Division of 444
Law Enforcement of the Fish and Wildlife Conservation 445
Commission; the Division of Law Enforcement of the Department of 446
Environmental Protection; and the agents, inspectors, and 447
officers of the Department of Law Enforcement each have 448
authority to enforce all of the traffic laws of this state on 449
all the streets and highways thereof and elsewhere throughout 450
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the state wherever the public has a right to travel by motor 451
vehicle. 452
b. University police officers may enforce all of the 453
traffic laws of this state when violations occur on or within 454
1,000 feet of any property or facilities that are under the 455
guidance, supervision, regulation, or control of a st ate 456
university, a direct -support organization of such state 457
university, or any other organization controlled by the state 458
university or a direct -support organization of the state 459
university, or when such violations occur within a specified 460
jurisdictional area as agreed upon in a mutual aid agreement 461
entered into with a law enforcement agency pursuant to s. 462
23.1225(1). Traffic laws may also be enforced off -campus when 463
hot pursuit originates on or within 1,000 feet of any such 464
property or facilities, or as ag reed upon in accordance with the 465
mutual aid agreement. 466
c. Florida College System institution police officers may 467
enforce all the traffic laws of this state only when such 468
violations occur on or within 1,000 feet of any property or 469
facilities that are und er the guidance, supervision, regulation, 470
or control of the Florida College System institution, or when 471
such violations occur within a specified jurisdictional area as 472
agreed upon in a mutual aid agreement entered into with a law 473
enforcement agency pursuan t to s. 23.1225. Traffic laws may also 474
be enforced off-campus when hot pursuit originates on or within 475
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1,000 feet of any such property or facilities, or as agreed upon 476
in accordance with the mutual aid agreement. 477
d. Police officers employed by an airport authority may 478
enforce all of the traffic laws of this state only when such 479
violations occur on any property or facilities that are owned or 480
operated by an airport authority. 481
(I) An airport authority may employ as a parking 482
enforcement specialist any ind ividual who successfully completes 483
a training program established and approved by the Criminal 484
Justice Standards and Training Commission for parking 485
enforcement specialists but who does not otherwise meet the 486
uniform minimum standards established by the co mmission for law 487
enforcement officers or auxiliary or part -time officers under s. 488
943.12. This sub-sub-subparagraph may not be construed to permit 489
the carrying of firearms or other weapons, nor shall such 490
parking enforcement specialist have arrest authorit y. 491
(II) A parking enforcement specialist employed by an 492
airport authority may enforce all state, county, and municipal 493
laws and ordinances governing parking only when such violations 494
are on property or facilities owned or operated by the airport 495
authority employing the specialist, by appropriate state, 496
county, or municipal traffic citation. 497
e. The Office of Agricultural Law Enforcement of the 498
Department of Agriculture and Consumer Services may enforce 499
traffic laws of this state. 500
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f. School safety officers may enforce all of the traffic 501
laws of this state when such violations occur on or about any 502
property or facilities that are under the guidance, supervision, 503
regulation, or control of the district school board. A school 504
safety officer who successfully completes instruction in traffic 505
enforcement procedures and court presentation as specified in 506
paragraph (5)(a) may be authorized by a county, municipality, or 507
applicable school entity as a traffic infraction enforcement 508
officer and may issue notices of violation and uniform traffic 509
citations under s. 316.173 within the county in which the school 510
district, charter school, or private school is located. 511
2. Any disciplinary action taken or performance evaluation 512
conducted by an agency of the state as described in subparagraph 513
1. of a law enforcement officer's traffic enforcement activity 514
must be in accordance with written work -performance standards. 515
Such standards must be approved by the agency and any collective 516
bargaining unit represe nting such law enforcement officer. A 517
violation of this subparagraph is not subject to the penalties 518
provided in chapter 318. 519
3. The Division of the Florida Highway Patrol may employ 520
as a traffic accident investigation officer any individual who 521
successfully completes instruction in traffic accident 522
investigation and court presentation through the Selective 523
Traffic Enforcement Program as approved by the Criminal Justice 524
Standards and Training Commission and funded through the 525
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National Highway Traffic Safe ty Administration or a similar 526
program approved by the commission, but who does not necessarily 527
meet the uniform minimum standards established by the commission 528
for law enforcement officers or auxiliary law enforcement 529
officers under chapter 943. Any such traffic accident 530
investigation officer who makes an investigation at the scene of 531
a traffic accident may issue traffic citations, based upon 532
personal investigation, when he or she has reasonable and 533
probable grounds to believe that a person who was involve d in 534
the accident committed an offense under this chapter, chapter 535
319, chapter 320, or chapter 322 in connection with the 536
accident. This subparagraph does not permit the officer to carry 537
firearms or other weapons, and such an officer does not have 538
authority to make arrests. 539
(3) MUNICIPALITIES. — 540
(a) The police department of each chartered municipality 541
shall enforce the traffic laws of this state on all the streets 542
and highways thereof and elsewhere throughout the municipality 543
wherever the public has the right to travel by motor vehicle , 544
including by the use of school bus infraction detection systems . 545
In addition, the police department may be required by a 546
municipality to enforce the traffic laws of this state on any 547
private or limited access road or road s over which the 548
municipality has jurisdiction pursuant to a written agreement 549
entered into under s. 316.006(2)(b). However, nothing in this 550
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chapter shall affect any law, general, special, or otherwise, in 551
effect on January 1, 1972, relating to "hot pursui t" without the 552
boundaries of the municipality. 553
(5)(a) Any sheriff's department or police department of a 554
municipality may employ, as a traffic infraction enforcement 555
officer, any individual who successfully completes instruction 556
in traffic enforcement pr ocedures and court presentation through 557
the Selective Traffic Enforcement Program as approved by the 558
Division of Criminal Justice Standards and Training of the 559
Department of Law Enforcement, or through a similar program, but 560
who does not necessarily otherw ise meet the uniform minimum 561
standards established by the Criminal Justice Standards and 562
Training Commission for law enforcement officers or auxiliary 563
law enforcement officers under s. 943.13. Any such traffic 564
infraction enforcement officer who observes th e commission of a 565
traffic infraction or, in the case of a parking infraction, who 566
observes an illegally parked vehicle may issue a traffic 567
citation for the infraction when, based upon personal 568
investigation, he or she has reasonable and probable grounds to 569
believe that an offense has been committed which constitutes a 570
noncriminal traffic infraction as defined in s. 318.14. In 571
addition, any such traffic infraction enforcement officer may 572
issue a traffic citation under ss. 316.0083 , 316.173, and 573
316.1896. For purposes of enforcing ss. 316.0083, 316.173, 574
316.1895, and 316.183, any sheriff's department or police 575
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department of a municipality may designate employees as traffic 576
infraction enforcement officers. The traffic infraction 577
enforcement officers must be phy sically located in the county of 578
the respective sheriff's or police department. 579
Section 4. Paragraph (c) of subsection (5) of section 580
318.18, Florida Statutes, is amended to read: 581
318.18 Amount of penalties. —The penalties required for a 582
noncriminal disposition pursuant to s. 318.14 or a criminal 583
offense listed in s. 318.17 are as follows: 584
(5) 585
(c) In addition to the penalty under paragraph (a) or 586
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 587
If the alleged offender is found to have committed the offense, 588
the court shall impose the civil penalty under paragraph (a) or 589
paragraph (b) plus an additional $65. The additional $65 590
collected under this paragraph shall be remitted to the 591
Department of Revenue for deposit into the Emergency Med ical 592
Services Trust Fund of the Department of Health to be used as 593
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 594
(b) is enforced by a school bus infraction detection system 595
pursuant to s. 316.173, the additional amount imposed on a 596
notice of violation, on a the uniform traffic citation , or by 597
the court under this paragraph must be $25, in lieu of the 598
additional $65, and must be remitted to the participating school 599
district, charter school, or private school operating the school 600
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bus with a school bus infraction detection system. Such amounts 601
must be used pursuant to s. 316.173(8) . 602
Section 5. This act shall take effect upon becoming a law. 603