CS/CS/HB 1045 2024
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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. 316.173, F.S.; authorizing contracts for 3
installation of school bus infraction detection 4
systems which authorize a private vendor or 5
manufacturer to receive a share of certain revenue 6
collected; providing requirements for such contracts; 7
revising requirements for signage posted on the rear 8
of a school bus indicating the use of a school bus 9
infraction detection system; requiring a law 10
enforcement agency to send a notice of violation to 11
the registered owner of the motor vehicle involved in 12
a violation within a specified timeframe after 13
receiving certain information; requiring a court 14
having jurisdiction over traffic violations to 15
determine whether a violation has occurred; requiring 16
the court to uphold the violation if the court finds 17
that a violation has occurred; requiring the court, if 18
the violation is upheld, to require the petitioner to 19
pay certain penalties and costs; revising the required 20
uses for civil penalties assessed and collected for 21
certain violations; prohibiting the use of a school 22
bus infraction detection system for remote 23
surveillance; providing construction; revising 24
purposes for which video and images recorded as part 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
of a school bus infraction detection system may be 26
used; conforming provisions to changes made by the 27
act; amending s. 318.18, F.S.; requiring that certain 28
civil penalties be remitted to a school district 29
operating a school bus with a school bus infraction 30
detection system and 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. Paragraph (b) of subsection (1), paragraph (a) 36
of subsection (2), subsections (5) and (7), paragraph (a) of 37
subsection (16), and paragraph (a) of subsection (17) of section 38
316.173, Florida Statutes, are amended to read: 39
316.173 School bus infraction detection systems. — 40
(1) 41
(b) The school district may con tract with a private vendor 42
or manufacturer to install a school bus infraction detection 43
system on any school bus within its fleet, whether owned, 44
contracted, or leased, and for services including, but not 45
limited to, the installation, operation, and maint enance of the 46
system. The school district's decision to install school bus 47
infraction detection systems must be based solely on the need to 48
increase public safety. An individual may not receive a 49
commission from any revenue collected from violations detect ed 50
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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
through the use of a school bus infraction detection system. A 51
private vendor or manufacturer may not receive a fee or 52
remuneration based upon the number of violations detected 53
through the use of a school bus infraction detection system. 54
However, on or after July 1, 2024, a school district or 55
consortium of school districts may, through a competitive 56
procurement pursuant to s. 287.057, enter into a contract with a 57
private vendor or manufacturer to install a school bus 58
infraction detection system which aut horizes the private vendor 59
or manufacturer to receive a share of the revenue collected by a 60
school district for violations detected through the use of a 61
school bus infraction detection system. The procurement must use 62
competitive sealed bids, competitive s ealed proposals, or 63
competitive sealed replies. The contract may not be awarded 64
using an exceptional purchase provision provided for in s. 65
287.057(3). A school district or consortium of school districts 66
may not use a contract competitively awarded by anoth er 67
governmental entity for contracts that authorize the private 68
vendor or manufacturer to receive a share of the revenue 69
collected by a school district for violations detected through 70
the use of a school bus infraction detection system. A 71
consortium member district, however, may use a regional 72
consortium service organization contract if one is available. 73
(2)(a) The school district must post high-visibility 74
reflective signage on the rear of each school bus in which a 75
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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
school bus infraction detection system is installed and 76
operational which indicates the use of such system. The signage 77
must be in the form of one or more signs or stickers and must 78
contain the following elements in substantially the following 79
form: 80
1. The words "STOP WHEN RED LIGHTS FLASH" o r "DO NOT PASS 81
WHEN RED LIGHTS FLASH." 82
2. The words "CAMERA ENFORCED." 83
3. A graphic depiction of a camera. 84
(5) Within 30 days after receiving the information 85
required in subsection (4), the law enforcement agency must, if 86
it is determined determines that the motor vehicle violated s. 87
316.172(1)(a) or (b), must send a notice of violation to the 88
registered owner of the motor vehicle involved in the violation 89
specifying the remedies available under s. 318.14 and that the 90
violator must pay the penalty und er s. 318.18(5) or furnish an 91
affidavit in accordance with subsection (10) within 30 days 92
after the notice of violation is sent in order to avoid court 93
fees, costs, and the issuance of a uniform traffic citation. The 94
notice of violation must be sent by fir st-class mail and include 95
all of the following: 96
(a) A copy of one or more recorded images showing the 97
motor vehicle involved in the violation, including an image 98
showing the license plate of the motor vehicle. 99
(b) The date, time, and location of the vi olation. 100
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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
(c) The amount of the civil penalty, the date by which the 101
civil penalty must be paid, and instructions on how to pay the 102
civil penalty. 103
(d) Instructions on how to request a hearing to contest 104
liability or the notice of violation. 105
(e) A notice that the owner has the right to review, in 106
person or remotely, the video and images recorded by the school 107
bus infraction detection system which constitute a rebuttable 108
presumption that the motor vehicle was used in violation of s. 109
316.172(1)(a) or (b). 110
(f) The time when, and the place or website at which, the 111
recorded video and images may be examined and observed. 112
(g) A warning that failure to pay the civil penalty or to 113
contest liability within 30 days after the notice is sent will 114
result in the issuance of a uniform traffic citation. A court 115
that has jurisdiction over traffic violations shall determine 116
whether a violation of this section has occurred. If a court 117
finds by a preponderance of the evidence that a violation has 118
occurred, the court must uphold the violation. If the notice of 119
violation is upheld, the court must require the petitioner to 120
pay the penalty previously assessed under s. 318.18(5), and may 121
also require the petitioner to pay costs, not to exceed those 122
established in s. 316.0083(5)(e). 123
(7) The civil penalties assessed and collected for a 124
violation of s. 316.172(1)(a) or (b) enforced by a school bus 125
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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 detection system must be remitted to the school 126
district in which the violation occurred. Such civil penalties 127
must be used for the installation , operation, or maintenance of 128
school bus infraction detection systems on school buses, 129
including student transportation safety initiatives, driver 130
recruitment and retention stipends, or other student 131
transportation safety e nhancements for any other technology that 132
increases the safety of the transportation of students , or for 133
the administration and costs associated with the enforcement of 134
violations as described in this section. 135
(16)(a)1. Notwithstanding any other law, equ ipment 136
deployed as part of A school bus infraction detection system as 137
provided under this section may not be used for capable of 138
automated or user-controlled remote surveillance. The collection 139
of evidence by a school bus infraction detection system to 140
enforce violations of s. 316.172 does not constitute remote 141
surveillance. 142
2. Video and images recorded as part of a the school bus 143
infraction detection system may only be used for traffic 144
enforcement and for purposes of determining criminal or civil 145
liability for incidents captured by the school bus infraction 146
detection system incidental to the permissible use of the school 147
bus infraction detection system to document violations of s. 148
316.172(1)(a) and (b) and may not be used for any other 149
surveillance purposes. 150
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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
3. To the extent practicable, a school bus infraction 151
detection system must use necessary technology to ensure that 152
personal identifying information contained in the video or still 153
images recorded by the system which is not relevant to the 154
alleged violation, including, but not limited to, the identity 155
of the driver and any passenger of a motor vehicle, the interior 156
or contents of a motor vehicle, the identity of an uninvolved 157
person, a number identifying the address of a private residence, 158
and the contents or interior of a private residence, is 159
sufficiently obscured so as not to reveal such personal 160
identifying information. 161
4. A notice of a violation or uniform traffic citation 162
issued under this section may not be dismissed solely because a 163
recorded video or still images reveal personal identifying 164
information as provided in subparagraph 3. as long as a 165
reasonable effort has been made to comply with this subsection. 166
(17)(a) By October 1, 2023, and quarterly thereafter, each 167
school district, in consultation with the law enforcement 168
agencies with which it has interlocal agreements pursuant to 169
this section, operating a school bus infraction detection system 170
must submit, in consultation with the law enforcement agencies 171
with which it has interlocal agre ements pursuant to this 172
section, a report to the department which details the results of 173
the school bus infraction detection systems in the school 174
district in the preceding quarter. The information from the 175
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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
school districts must be submitted in a form and manner 176
determined by the department, which the department must make 177
available to the school districts by August 1, 2023, and must 178
include at least the following: 179
1. The number of school buses that have a school bus 180
infraction detection system installed, including the date of 181
installation and, if applicable, the date the systems were 182
removed. 183
2. The number of notices of violations issued, the number 184
that were contested, the number that were upheld, the number 185
that were dismissed, the number that were iss ued as uniform 186
traffic citations, and the number that were paid. 187
3. Data for each infraction to determine locations in need 188
of safety improvements. Such data may must include, but is not 189
limited to, global positioning system coordinates of the 190
infraction, the date and time of the infraction, and the name of 191
the school that the school bus was transporting students to or 192
from. 193
4. Any other statistical data and information required by 194
the department to complete the report required by paragraph (c). 195
Section 2. Paragraph (c) of subsection (5) of section 196
318.18, Florida Statutes, is amended to read: 197
318.18 Amount of penalties. —The penalties required for a 198
noncriminal disposition pursuant to s. 318.14 or a criminal 199
offense listed in s. 318.17 are as follo ws: 200
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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
(5) 201
(c) In addition to the penalty under paragraph (a) or 202
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 203
If the alleged offender is found to have committed the offense, 204
the court shall impose the civil penalty under paragraph (a) or 205
paragraph (b) plus an additional $65. The additional $65 206
collected under this paragraph shall be remitted to the 207
Department of Revenue for deposit into the Emergency Medical 208
Services Trust Fund of the Department of Health to be used as 209
provided in s. 395.4 036. If a violation of s. 316.172(1)(a) or 210
(b) is enforced by a school bus infraction detection system 211
pursuant to s. 316.173, the additional amount imposed on a 212
notice of violation, on a the uniform traffic citation , or by 213
the court under this paragraph m ust be $25, in lieu of the 214
additional $65, and must be remitted to the participating school 215
district and used pursuant to s. 316.173(7) . 216
Section 3. This act shall take effect upon becoming a law. 217