CS/HB 1363 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 traffic enforcement; creating s. 2
316.0077, F.S.; providing that provisions exempting 3
the purchase of commodities or contractual services 4
from competitive bidding requirements do not apply to 5
contracts for certain camera systems; creating s. 6
316.0078, F.S.; prohibiting certain camera systems or 7
components thereof constructed by a Chinese 8
manufacturer from being used for traffic enforcement 9
in this state; amending s. 316.0083, F.S.; requiring a 10
county or municipality to enact an ordinance to 11
authorize placement or installation of traffic 12
infraction detectors; requiring the county or 13
municipality to consider certain evidence and make a 14
certain determination at a public hearing; requiring a 15
county or municipality to place a specified annual 16
report on the agenda of a regular or special meeting 17
of its governing body; requiring approval by the 18
governing body at a regular or special meeting before 19
contracting or renewing a contract to place or install 20
traffic infraction detectors; providing for public 21
comment; prohibiting such report, contract, or 22
contract renewal from being considered as part of a 23
consent agenda; providing requirements for a written 24
summary of such report; requiring a report to the 25
CS/HB 1363 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
Department of Highway Safety and Motor Vehicles; 26
prohibiting compliance with certain provisions from 27
being raised in a proceeding challenging a violation; 28
providing for suspension of a noncompliant county o r 29
municipality from operating traffic infraction 30
detectors until such noncompliance is corrected; 31
providing requirements for reports submitted to the 32
department by counties and municipalities regarding 33
use of and enforcement by traffic infraction 34
detectors; requiring the department to publish such 35
reports on its website; providing an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Section 316.0077, Florida Statutes, is created 40
to read: 41
316.0077 Camera systems ; competitive bidding. —The 42
provisions of s. 287.057 which exempt the purchase of 43
commodities or contractual services from competitive bidding 44
requirements do not apply to contracts entered into with 45
manufacturers or vendors of school bus infraction detecti on 46
systems, speed detection systems, traffic infraction detectors, 47
or any other camera systems used for enforcing this chapter 48
which are regulated under s. 316.0076. 49
Section 2. Section 316.0078, Florida Statutes, is created 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
to read: 51
316.0078 Use of camera systems constructed by Chinese 52
manufacturers prohibited. —A school bus infraction detection 53
system, speed detection system, traffic infraction detector, or 54
any other camera system used for enforcing this chapter which is 55
regulated under s. 316.0076, o r any component thereof, which is 56
constructed by a Chinese manufacturer or a domestic or 57
international manufacturer that uses materials imported from 58
China may not be used for traffic enforcement in this state. 59
Section 3. Subsection (4) of section 316. 0083, Florida 60
Statutes, is amended to read: 61
316.0083 Mark Wandall Traffic Safety Program; 62
administration; report. — 63
(4)(a)1. A county or municipality must enact an ordinance 64
in order to authorize the placement or installation of, or to 65
authorize contracting with a vendor for the placement or 66
installation of, one or more traffic infraction detectors to 67
enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the 68
public hearing on such proposed ordinance, the county or 69
municipality must consider traffic data or other evidence 70
supporting the installation and operation of each traffic 71
infraction detector, and the county or municipality must 72
determine that the intersection at which a traffic infraction 73
detector is to be placed or installed constitutes a heighten ed 74
safety risk that warrants additional enforcement measures. 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
2. A county or municipality that operates one or more 76
traffic infraction detectors must annually report the results of 77
all traffic infraction detectors within the county's or 78
municipality's jurisdiction as a single reporting item on the 79
agenda of a regular or special meeting of the county's or 80
municipality's governing body. Before a county or municipality 81
contracts or renews a contract to place or install one or more 82
traffic infraction detector s, the county or municipality must 83
approve the contract or contract renewal at a regular or special 84
meeting of the county's or municipality's governing body. 85
a. Interested members of the public must be allowed to 86
comment regarding the report, contract, o r contract renewal 87
under the county's or municipality's public comment policies or 88
formats, and the report, contract, or contract renewal may not 89
be considered as part of a consent agenda. 90
b. The report required under this subparagraph must 91
include a written summary, which must be read aloud at the 92
regular or special meeting, and the summary must contain, for 93
the preceding year, the number of notices of violation issued, 94
the number that were contested, the number that were upheld, the 95
number that were dis missed, the number that were issued as 96
uniform traffic citations, and the number that were paid and how 97
collected funds were distributed and in what amounts. The county 98
or municipality must report to the department that the county's 99
or municipality's annua l report was considered in accordance 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
with this paragraph, including the date of the regular or 101
special meeting at which the annual report was considered. 102
3. The compliance or sufficiency of compliance with this 103
paragraph may not be raised in a proceedin g challenging a 104
violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a 105
traffic infraction detector. 106
4. A county or municipality that does not comply with this 107
paragraph is suspended from operating traffic infraction 108
detectors under this subsectio n until such noncompliance is 109
corrected. 110
(b)(a) Each county or municipality that operates a traffic 111
infraction detector shall submit a report by October 1, 2012, 112
and annually thereafter, to the department which details the 113
results of using the traffic infraction detector and the 114
procedures for enforcement for the preceding state fiscal year. 115
The information submitted by the counties and municipalities 116
must include: 117
1. The number of notices of violation issued, the number 118
that were contested, the number that were upheld, the number 119
that were dismissed, the number that were issued as uniform 120
traffic citations, the number that were paid, and the number in 121
each of the preceding categories for which the notice of 122
violation was issued for a right-hand turn violation. 123
2. A description of alternative safety countermeasures 124
taken before and after the placement or installation of a 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
traffic infraction detector. 126
3. Statistical data and information required by the 127
department to complete the summary report required under 128
paragraph (c) (b). 129
130
The department must publish each report submitted by a county or 131
municipality pursuant to this paragraph on its website. 132
(c)(b) On or before December 31, 2012, and annually 133
thereafter, the departm ent shall provide a summary report to the 134
Governor, the President of the Senate, and the Speaker of the 135
House of Representatives regarding the use and operation of 136
traffic infraction detectors under this section, along with the 137
department's recommendations and any necessary legislation. The 138
summary report must include a review of the information 139
submitted to the department by the counties and municipalities 140
and must describe the enhancement of the traffic safety and 141
enforcement programs. 142
Section 4. This act shall take effect July 1, 2024. 143