This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1045d.ISC
DATE: 2/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1045 Student Transportation Safety
SPONSOR(S): Infrastructure Strategies Committee, Civil Justice Subcommittee, Michael, Berfield, and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 1 N Walker Hinshelwood
2) Civil Justice Subcommittee 15 Y, 2 N, As CS Mathews Jones
3) Infrastructure Strategies Committee 22 Y, 1 N, As CS Walker Harrington
SUMMARY ANALYSIS
Florida law expressly preempts to the state the regulation of the use of cameras for enforcing the Florida
Uniform Traffic Control Law. The only cameras currently authorized to enforce traffic laws are traffic infraction
detectors (commonly known as red light cameras), speed detection systems used to enforce school zone
speed limits for violations in excess of 10 miles per hour over the speed limit, and school bus infraction
detection systems for public school districts.
A school bus infraction detection system is a camera system affixed to a school bus with two or more camera
sensors or computers that produce a recorded video and two or more film or digital photographic still images
for the purpose of documenting a motor vehicle being used or operated in a manner that allegedly violates the
laws relating to traffic stopping for a school bus. Florida law authorizes school districts to install and operate a
school bus infraction detection system on a school bus to enforce such laws.
The bill makes the following changes to provisions relating to the use of school bus infraction detection
systems:
Authorizing competitively bid revenue-sharing contracts.
Revising requirements for signage posted on the rear of a school bus indicating the use of a school bus
infraction detection system by no longer requiring the signage to be high-visibility reflective signage.
Requiring a court that has jurisdiction over traffic violations to determine whether to uphold a notice of
violation.
Revising the permissible uses of civil penalties assessed and collected for a violation enforced by a
school bus infraction detection system.
Clarifying the application of a certain fee for a notice of violation.
Amending provisions relating to use of camera footage.
Amending reporting requirements.
The bill will have an indeterminate impact on state, local governments, and the private sector.
The bill is effective upon becoming law. STORAGE NAME: h1045d.ISC PAGE: 2
DATE: 2/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Use of Cameras for Traffic Enforcement
Florida law expressly preempts to the state the regulation of the use of cameras for enforcing the
Florida Uniform Traffic Control Law.
1
The only cameras currently authorized to enforce traffic laws are
traffic infraction detectors (commonly known as red light cameras),
2
speed detection systems used to
enforce school zone speed limits for violations in excess of 10 miles per hour over the speed limit,
3
and
school bus infraction detection systems for public school districts.
4
School Bus Infraction Detection Systems
Under Florida law, a school bus infraction detection system is a camera system affixed to a school bus
with two or more camera sensors or computers that produce a recorded video and two or more film or
digital photographic still images for the purpose of documenting a motor vehicle being used or operated
in a manner that allegedly violates the following laws relating to traffic stopping for a school bus:
5
Any person using, operating, or driving a vehicle on or over the roads or highways of this state
must, upon approaching any school bus which displays a stop signal, bring such vehicle to a full
stop while the bus is stopped, and the vehicle must not pass the school bus until the signal has
been withdrawn.
6
Any person using, operating, or driving a vehicle must not pass a school bus on the side that
children enter and exit when the school bus displays a stop signal.
7
Florida law authorizes school districts to install and operate a school bus infraction detection system on
a school bus to enforce such laws.
89
School districts may contract with a private vendor or manufacturer to install a school bus infraction
detection system on any school bus within its fleet, whether owned, contracted, or leased, and for
services including, but not limited to, the installation, operation, and maintenance of the system. The
school district's decision to install school bus infraction systems must be based solely on the need to
increase public safety. Under current law, an individual may not receive a commission from any
revenue collected from violations detected through the use of a school bus infraction detection system.
Further, a private vendor or manufacturer may not receive a fee or remuneration based upon the
number of violations detected through the use of a school bus infraction detection system.
10
1
S. 316.0076, F.S. Ch. 316, F.S., is the Florida Uniform Traffic Control Law.
2
Section 316.003(100), F.S., defines the term “traffic infraction detector” to mean a vehicle sensor installed to work in
conjunction with a traffic control signal and a camera or cameras synchronized to automatically record two or more
sequenced photographic or electronic images or streaming video of only the rear of a motor vehicle at the time the vehicle
fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light. Any
notification under s. 316.0083(1)(b), F.S., or traffic citation issued by the use of a traffic infraction detector must include a
photograph or other recorded image showing both the license tag of the offending vehicle and the traffic control device
being violated. See also s. 316.0083, F.S., relating to the Mark Wandall Traffic Safety Program.
3
Ss. 316.003(82), 316.008(9), 316.0776(3), and 316.1896, F.S.
4
Ss. 316.003(78) and 316.173, F.S.
5
S. 316.003(78), F.S.
6
S. 316.172(1)(a), F.S.
7
S. 316.172(1)(b), F.S.
8
S. 316.173(1)(a), F.S.
9
S. 1006.21(3)(h), F.S., provides that a district school board, after considering recommendations of the district school
superintendent may install and operate, or enter into an agreement with a private vendor or manufacturer to provide, a
school bus infraction detection system.
10
S. 316.173(1)(b), F.S. STORAGE NAME: h1045d.ISC PAGE: 3
DATE: 2/26/2024
The school district must ensure that each school bus infraction detection system meets specifications
established by the State Board of Education (SBE) and must be tested at regular intervals according to
specifications prescribed by SBE rule. Equipment acquired via an agreement entered into by a school
district on or before December 31, 2023, is not required to meet SBE specifications until July, 1, 2024.
11
A school district that elects to install a school bus infraction detection system must enter into an
interlocal agreement with one or more law enforcement agencies authorized to enforce violations,
within the school district which jointly establishes the responsibilities of enforcement and the
reimbursement of costs associated with school bus infraction detection systems.
12
On any school bus upon which a school bus infraction detection system is installed and operational, the
school district must post high-visibility reflective signage on the rear of the school bus indicating the use
of such system. The signage must be in the form of one or more signs or stickers and must contain the
following elements in substantially the following form:
The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED LIGHTS
FLASH.”
The words “CAMERA ENFORCED.”
A graphic depiction of a camera.
13
If a school district that has never conducted a school bus infraction detection system program begins
such a program, the school district must make a public announcement and conduct a public awareness
campaign at least 30 days before commencing enforcement. The school district must notify the public
of the specific date on which the program will commence and, during the 30-day public awareness
campaign, only a warning may be issued for a violation that is enforced by a school bus infraction
detection system; a civil penalty may not be imposed during the 30-day public awareness campaign.
14
Within 30 days after an alleged violation is recorded by a school bus infraction detection system, the
school district or the private vendor or manufacturer with whom the school district has entered into a
contract, must submit the following information to a law enforcement agency that has entered into an
interlocal agreement with the school district and has traffic infraction enforcement jurisdiction at the
location where the alleged violation occurred:
A copy of the recorded video and images showing the motor vehicle’s alleged violations;
The motor vehicle’s license plate number and the state of issuance of the motor vehicle’s
license plate; and
The date, time, and location of the alleged violation.
15
Within 30 days after receiving the information required above, the law enforcement agency, if it
determines that the motor vehicle violated the laws relating to traffic stopping for a school bus, must
send a notice of violation to the registered owner of the motor vehicle involved in the violation
specifying the remedies available under s. 318.14, F.S.,
16
and that the violator must pay the penalty
under s. 318.18(5), F.S.,
17
or furnish an affidavit within 30 days after the date the notice of violation is
sent in order to avoid court fees, costs, and the issuance of a uniform traffic citation. The notice of
violation must be sent by first-class mail and include all of the following:
A copy of one or more recorded images showing the motor vehicle involved in the violation,
including an image showing the license plate of the motor vehicle;
The date, time, and location of the violation;
11
S. 316.173(1)(c) and (18), F.S.
12
S. 316.173(1)(d), F.S.
13
S. 316.173(2), F.S.
14
S. 316.173(3), F.S.
15
S. 316.173(4), F.S.
16
S. 318.14, F.S., provides procedures for noncriminal traffic infractions.
17
S. 318.18(5), F.S., provides a minimum penalty of $200 for a failure to stop for a school bus and a minimum penalty of
$200 for passing a school bus on the side that children enter and exit if the violation is enforced by a school bus infraction
detection system. In addition to these penalties, if the alleged offender is found to have committed the offense and it is
enforced by a school bus infraction detection system, then the court must impose the civil penalty aforementioned plus an
additional $25. STORAGE NAME: h1045d.ISC PAGE: 4
DATE: 2/26/2024
The amount of the civil penalty, the date by which the civil penalty must be paid, and
instructions on how to pay the civil penalty;
Instructions on how to request a hearing to contest liability or the notice of violation;
A notice that the owner has the right to review, in person or remotely, the video and images
recorded by the school bus infraction detection system which constitute a rebuttable
presumption that the motor vehicle was used in violation of law;
The time when, and the place or website at which, the recorded video and images may be
examined and observed; and
A warning that failure to pay the civil penalty or to contest liability within 30 days after the notice
is mailed will result in the issuance of a uniform traffic citation.
18
If the registered owner or co-owner of the motor vehicle; the person identified as having care, custody,
or control of the motor vehicle at the time of the violation; or an authorized representative of the owner,
co-owner, or identified person initiates a proceeding to challenge the violation, such person waives any
challenge or dispute as to the delivery of the notice of violation.
19
Civil penalties assessed and collected for a violation enforced by a school bus infraction detection
system must be remitted to the school district in which the violation occurred. Such civil penalties must
be used for the installation or maintenance of school bus infraction detection systems on school buses,
for any other technology that increases the safety of the transportation of students, or for the
administration and costs associated with the enforcement of violations.
20
If payment for a violation has not been made within 30 days after the notice of violation and if the
registered owner has not submitted an affidavit supporting an exception,
21
a uniform traffic citation is
issued and mailed via certified mail to the address of the registered owner of the motor vehicle involved
in the violation
Delivery of the uniform traffic citation constitutes notification of a violation. If the registered owner or co-
owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle
at the time of the violation; or a duly authorized representative of the owner, co-owner, or identified
person initiates a proceeding to challenge the citation, such person waives any challenge or dispute as
to delivery of the uniform traffic citation.
22
In the case of joint ownership of a motor vehicle, the uniform traffic citation must be mailed to the first
name appearing on the motor vehicle registration, unless the first name appearing on the registration is
a business organization, in which case the second name appearing on the registration may be used.
23
The uniform traffic citation mailed to the registered owner of the motor vehicle involved in the violation
must be accompanied by information that was also included in the notice of violation.
24
The registered owner of the motor vehicle involved in the violation is responsible and liable for paying
the uniform traffic citation issued for a violation of the laws relating to traffic stopping for a school bus,
unless the owner can establish that:
The motor vehicle was, at the time of the violation, in the care, custody, or control of another
person;
A uniform traffic citation was issued by a law enforcement officer to the driver of the motor
vehicle for the alleged violation; or
18
S. 316.173(5), F.S.
19
S. 316.173(6), F.S.
20
S. 316.173(7), F.S.
21
S. 316.173(8), F.S.
22
Id.
23
Id.
24
Id. STORAGE NAME: h1045d.ISC PAGE: 5
DATE: 2/26/2024
The motor vehicle's owner was deceased on or before the date of the alleged violation, as
established by an affidavit submitted by the representative of the motor vehicle owner's estate
or other identified person or family member.
25
To establish the above facts, the registered owner of the motor vehicle must, within 30 days after the
date of issuance of the notice of violation or the traffic citation, furnish to the law enforcement agency
an affidavit setting forth information supporting an exception:
An affidavit stating that the motor vehicle was, at the time of the violation, in the care, custody,
or control of another person must include the name, address, date of birth, and, if known, the
driver license number of the person who leased, rented, or otherwise had care, custody, or
control of the motor vehicle at the time of the alleged violation. If the motor vehicle was stolen at
the time of the alleged violation, the affidavit must include the police report indicating that the
motor vehicle was stolen.
If a uniform traffic citation for a violation was issued at the location of the violation by a law
enforcement officer, the affidavit must include the serial number of the uniform traffic citation.
If the motor vehicle's owner to whom a uniform traffic citation has been issued is deceased, the
affidavit must include a certified copy of the owner's death certificate showing that the date of
death occurred on or before the date of the alleged violation and one of the following:
o A bill of sale or other document showing that the deceased owner's motor vehicle was sold
or transferred after his or her death but on or before the date of the alleged violation.
o Documented proof that the registered license plate belonging to the deceased owner's
motor vehicle was returned to the Department of Highway Safety and Motor Vehicles
(DHSMV) or any branch office or authorized agent of the DHSMV after his or her death but
on or before the date of the alleged violation.
o A copy of the police report showing that the deceased owner's registered license plate or
motor vehicle was stolen after his or her death but on or before the date of the alleged
violation.
26
Upon receipt of the required affidavit and documentation specified above related to the issuance of a
uniform traffic citation or a deceased owner, or 30 days after the date of issuance of a notice of violation
sent to a person identified as having care, custody, or control of the motor vehicle at the time of the
violation, the county or municipality must dismiss the notice or citation and provide proof of such
dismissal to the person who submitted the affidavit. If, within 30 days after the date a notice of violation
was sent to a person, the county or municipality receives an affidavit from the person who was sent a
notice of violation affirming that the person did not have care, custody, or control of the motor vehicle at
the time of the violation, the county or municipality must notify the registered owner that the notice or
citation will not be dismissed due to failure to establish that another person had care, custody, or
control of the motor vehicle at the time of the violation.
27
Upon receipt of an affidavit that another person had care, custody, and control of the motor vehicle, the
law enforcement agency may issue the person identified as having care, custody, or control of the
motor vehicle when the violation was detected, a notice of violation. The affidavit is admissible in a
proceeding pursuant to this section for the purpose of providing evidence that the person identified in
the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased motor
vehicle for which a uniform traffic citation is issued for a violation of s. 316.172(1)(a) or (b), F.S., is not
responsible for paying the uniform traffic citation and is not required to submit an affidavit if the motor
vehicle involved in the violation is registered in the name of the lessee of such motor vehicle.
28
If a law enforcement agency receives an affidavit identifying another person having, care, custody, or
control of the vehicle, the required notice of violation of must be sent to the person identified in the
affidavit within 30 days after receipt of the affidavit. The person identified in an affidavit and sent a
notice of violation may also affirm he or she did not have care, custody, or control of the motor vehicle
25
S. 316.173(9), F.S.
26
S. 316.173(10), F.S.
27
Id.
28
316.173(11), F.S. STORAGE NAME: h1045d.ISC PAGE: 6
DATE: 2/26/2024
at the time of the violation by furnishing to the appropriate law enforcement agency within 30 days after
the date of the notice of violation an affidavit stating such.
29
The submission of a false affidavit is a misdemeanor of the second degree
30
, punishable with up to 60
days in jail or a $500 fine.
31
The video and images by a school bus infraction detection system which are attached to or referenced
in the traffic citation are evidence of a violation and are admissible in any proceeding. The recorded
video and images raise a rebuttable presumption that the motor vehicle shown in the recorded video
and images was used in violation of the laws relating to stopping for a school bus.
32
Notwithstanding any other law, equipment deployed as part of a school bus infraction detection system
may not be capable of automated or user-controlled remote surveillance.
33
Any recorded video or still image obtained through the use of a school bus infraction detection system
must be destroyed within 90 days after the final disposition of the recorded event. The vendor of the
school bus infraction detection system must provide the school district with written notice by December
31 of each year that such records have been destroyed. Registered motor vehicle owner information
obtained as a result of the operation of a school bus infraction detection system is not the property of
the manufacturer or vendor of the system and may be used only for specified purposes.
34
To the extent practicable, a school bus infraction detection system may use necessary technology to
ensure that personal identifying information contained in the video or still images recorded by the
system which is not relevant to the alleged violation is sufficiently obscured so as not to reveal such
personal identifying information. A notice of a violation or uniform traffic citation may not be dismissed
solely because a recorded video or still images reveal personal identifying information as long as a
reasonable effort has been made to comply with the privacy provisions.
35
On a quarterly basis, each school district, in consultation with the law enforcement agencies with which
it has interlocal agreements, operating a school bus infraction detection system must submit a report to
DHSMV which details the results of the school bus infraction detection systems in the school district in
the preceding quarter. The information submitted by the school district musts be submitted in a form
and manner determined by DHSMV, and must include, at least the:
The number of school buses that have a school bus infraction detection system installed,
including the date of installation and, if applicable, the date the systems were removed.
The number of notices of violations issued and the number that were contested, the number
that were upheld, the number that were dismissed, the number that were issued as uniform
traffic citations, and the number that were paid.
Data for each infraction to determine the locations in need of safety improvements. Such data
must include, but is not limited to, global positioning system coordinates of the infraction, the
date and time of the infraction, and the name of the school to or from which the school bus was
transporting students.
Any other statistical data and information required by DHSMV to complete the report required
below.
36
Each school district that operates a school bus infraction detection system is responsible for and must
maintain its respective data for reporting purposes for at least 2 years after such data is reported to
DHSMV.
37
29
S. 316.173 (12), F.S.
30
S. 316.173 (13), F.S.
31
This is as provided in s.775.082, F.S., or s. 775.083, F.S.
32
S. 316.173(14), F.S.
33
S. 316.173(16), F.S.
34
Id.
35
Id.
36
S. 316.173(17)(a), F.S.
37
S. 316.173(17)(b), F.S. STORAGE NAME: h1045d.ISC PAGE: 7
DATE: 2/26/2024
By December 31, 2024, and annually thereafter, DHSMV must submit a summary report to the
Governor, the President of the Senate, and the Speaker of the House of Representatives, regarding the
use and operation of school bus infraction detection systems along with DHSMV's recommendations
and any recommended legislation. The summary report must include a review of the information
submitted to DHSMV by the school districts and must describe the enhancement of traffic safety and
enforcement programs.
38
Effect of the Bill
The bill makes changes to provisions relating to the use of school bus infraction detection systems by
authorizing competitively bid revenue-sharing contracts, amending school bus signage requirements,
adding language relating to a court’s authority to hear challenges to notices of violation, amending
provisions relating to civil penalties, amending provisions relating to use of camera footage, and
amending a provision requiring that school districts provide certain data to DHSMV.
Authorization for Revenue-Sharing Contracts
The bill provides that on or after July 1, 2024, a school district or consortium of school districts may,
through a competitive procurement pursuant to s. 287.057, F.S., enter into a contract with a private
vendor or manufacturer to install a school bus infraction detection system which authorizes the private
vendor or manufacturer to receive a share of the revenue collected by a school district for violations
detected through the use of a school bus infraction detection system. The procurement must use
competitive sealed bids, competitive sealed proposals, or competitive sealed replies. The contract may
not be awarded using an exceptional purchase provision provided for in s. 287.057(3), F.S. A school
district or consortium of school districts may not use a contract competitively awarded by another
governmental entity for contracts that authorize the private vendor or manufacturer to receive a share of
the revenue collected by a school district for violations detected through the use of a school bus
infraction detection system. A consortium member district, however, may use a regional consortium
service organization contract if one is available.
School Bus Signage
The bill revises requirements for signage posted on the rear of a school bus indicating use of a school
bus infraction detection system by no longer requiring the signage to be high-visibility reflective
signage.
Challenges to Notices of Violation
The bill provides that a court that has jurisdiction over traffic violations shall determine whether a
violation has occurred. If a court finds by a preponderance of the evidence that a violation has
occurred, the court must uphold the violation. If the notice of violation is upheld, the court must require
the petitioner to pay the penalty previously assessed under s. 318.18(5), F.S., and may also require the
petitioner to pay costs, not to exceed those established in s. 316.0083(5)(e), F.S.
Civil Penalties
The bill revises the use of civil penalties assessed and collected for a violation enforced by a school
bus infraction detection system. Such penalties must be used for the installation, operation, or
maintenance of school bus infraction detection systems on school buses, including student
transportation safety initiatives, driver recruitment and retention stipends, or other student
transportation safety enhancements, or for administration and costs associated with the enforcement of
the violations.
The bill clarifies that the $25 civil penalty provided in s. 318.18(5)(c), F.S., applies to a notice of
violation and provides that this fee must be remitted to the participating school district.
38
S. 316.173(17)(c), F.S. STORAGE NAME: h1045d.ISC PAGE: 8
DATE: 2/26/2024
Use of Camera Footage
The bill provides that a school bus infraction detection system may not be used for remote surveillance.
However, the collection of evidence by a school bus infraction detection system to enforce violations
does not constitute remote surveillance.
The bill provides that a school bus infraction detection system may only be used for traffic enforcement
and for purposes of determining criminal or civil liability for incidents captured by the school bus
infraction detection system incidental to the permissible use of the school bus infraction detection
system.
Data Provided by a School District to DHSMV
The bill amends the provision requiring that a school district provide to DHSMV data for each infraction
to determine locations in need of safety improvements. The bill allows discretion, rather than requiring,
such data to include global positioning system coordinates of the infraction, the date and time of the
infraction, and the name of the school that the school bus was transporting students to or from.
Effective Date
The bill is effective upon becoming law.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.173, F.S., relating to school bus infraction detection systems.
Section 2 Amends s. 318.18, F.S., relating to amount of penalties.
Section 3 Provides effective date upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Indeterminate.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate.
2. Expenditures:
Indeterminate.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate.
D. FISCAL COMMENTS:
None. STORAGE NAME: h1045d.ISC PAGE: 9
DATE: 2/26/2024
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Rulemaking may be necessary in order to conform to changes made by the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 1, 2024, the Civil Justice Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The committee substitute reinserted existing law prohibiting an
individual or private vendor from receiving a commission or fee based on the number of violations issued
or detected. Further, the committee substitute clarified that the language prohibiting the collection of a
commission or fee does not prohibit a private manufacturer or vendor from receiving a fixed percentage of
collected proceeds for service rendered in relation to the installation, operation, or maintenance of a
school bus infraction detection system.
On February 22, 2024, the Infrastructure Strategies Committee adopted a Proposed Committee Substitute
(PCS) and reported the bill favorably as a committee substitute. The PCS:
Authorizes competitively bid revenue-sharing contracts.
Revises requirements for signage posted on the rear of a school bus indicating the use of a school
bus infraction detection system.
Removes authorization for charter schools and private schools to install and operate a school bus
infraction detection system on a school bus.
Removes the authorization for traffic infraction enforcement officers and certified school board
security agencies that employ law enforcement officers to enforce school bus passing violations.
Removes the process for contesting a notice of violation through use of a local hearing officer,
instead requiring a court that has jurisdiction over traffic violations to determine whether to uphold
a notice of violation.
This analysis is drafted to the committee substitute as passed by the Infrastructure Strategies Committee.