Florida 2024 2024 Regular Session

Florida House Bill H1363 Comm Sub / Bill

Filed 02/23/2024

                       
 
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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.; prohibiting contracts awarded by 3 
certain entities outside this state from being used to 4 
procure contracts with manufacturers or vendors of 5 
camera systems used for traffic enforcement; providing 6 
applicability; creating s. 316.0078, F.S.; defining 7 
the terms "controlling interest" and "foreign country 8 
of concern"; prohibiting a governmental enti ty from 9 
knowingly entering into or renewing certain contracts 10 
for camera systems used for traffic enforcement; 11 
amending s. 316.0083, F.S.; requiring certain counties 12 
or municipalities to enact an ordinance to authorize 13 
placement or installation of traffic infraction 14 
detectors; requiring the county or municipality to 15 
consider certain evidence and make a certain 16 
determination at a public hearing; requiring a county 17 
or municipality to place a specified annual report on 18 
the agenda of a regular or special meetin g of its 19 
governing body; requiring approval by the governing 20 
body at a regular or special meeting before 21 
contracting or renewing a contract to place or install 22 
traffic infraction detectors; providing for public 23 
comment; prohibiting such report, contract, o r 24 
contract renewal from being considered as part of a 25     
 
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consent agenda; providing requirements for a written 26 
summary of such report; requiring a report to the 27 
Department of Highway Safety and Motor Vehicles; 28 
prohibiting compliance with certain provisions fro m 29 
being raised in a proceeding challenging a violation; 30 
providing for suspension of a noncompliant county or 31 
municipality from operating traffic infraction 32 
detectors until such noncompliance is corrected; 33 
providing requirements for reports submitted to the 34 
department by counties and municipalities regarding 35 
use of and enforcement by traffic infraction 36 
detectors; requiring the department to publish such 37 
reports on its website; providing an effective date. 38 
 39 
Be It Enacted by the Legislature of the State of Florida: 40 
 41 
 Section 1.  Section 316.0077, Florida Statutes, is created 42 
to read: 43 
 316.0077  Camera systems; contract procurement. —A contract 44 
awarded by another governmental entity outside this state or by 45 
a consortium or cooperative of governmental entiti es outside 46 
this state may not be used to procure contracts with 47 
manufacturers or vendors of school bus infraction detection 48 
systems, speed detection systems, traffic infraction detectors, 49 
or any other camera systems used for enforcing this chapter. 50     
 
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This section applies to contracts entered into on or after July 51 
1, 2025. 52 
 Section 2.  Section 316.0078, Florida Statutes, is created 53 
to read: 54 
 316.0078  Prohibition on contracting for camera systems of 55 
vendors of foreign countries of concern. — 56 
 (1)  As used in this section, the terms "controlling 57 
interest" and "foreign country of concern" have the same 58 
meanings as in s. 287.138(1). 59 
 (2)  On or after July 1, 2025, a governmental entity may 60 
not knowingly enter into or renew a contract with a contracting 61 
vendor of a school bus infraction detection system, speed 62 
detection system, traffic infraction detector, or any other 63 
camera system used for enforcing this chapter which is subject 64 
to s. 316.0076 if: 65 
 (a)  The contracting vendor is owned by the government of a 66 
foreign country of concern; or 67 
 (b)  The government of a foreign country of concern has a 68 
controlling interest in the contracting vendor. 69 
 Section 3.  Subsection (4) of section 316.0083, Florida 70 
Statutes, is amended to read: 71 
 316.0083  Mark Wandall Traffic Sa fety Program; 72 
administration; report. — 73 
 (4)(a)1.  A county or municipality that desires to have one 74 
or more traffic infraction detectors placed or installed on or 75     
 
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after July 1, 2025, in an area where no traffic infraction 76 
detectors are currently placed or installed must enact an 77 
ordinance in order to authorize the placement or installation 78 
of, or to authorize contracting with a vendor for the placement 79 
or installation of, one or more traffic infraction detectors to 80 
enforce s. 316.074(1) or s. 316.075(1)(c)1 . As part of the 81 
public hearing on such proposed ordinance, the county or 82 
municipality must consider traffic data or other evidence 83 
supporting the installation and operation of each traffic 84 
infraction detector, and the county or municipality must 85 
determine that the intersection at which a traffic infraction 86 
detector is to be placed or installed constitutes a heightened 87 
safety risk that warrants additional enforcement measures. 88 
 2.  A county or municipality that operates one or more 89 
traffic infraction detect ors must annually report the results of 90 
all traffic infraction detectors within the county's or 91 
municipality's jurisdiction by placing the annual report to the 92 
department required under paragraph (b) as a single reporting 93 
item on the agenda of a regular or special meeting of the 94 
county's or municipality's governing body. Before a county or 95 
municipality contracts or renews a contract to place or install 96 
one or more traffic infraction detectors, the county or 97 
municipality must approve the contract or contract renewal at a 98 
regular or special meeting of the county's or municipality's 99 
governing body. 100     
 
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 a.  Interested members of the public must be allowed to 101 
comment regarding the report, contract, or contract renewal 102 
under the county's or municipality's public comm ent policies or 103 
formats, and the report, contract, or contract renewal may not 104 
be considered as part of a consent agenda. 105 
 b.  The report required under this subparagraph must 106 
include a written summary, which must be read aloud at the 107 
regular or special meeting, and the summary must contain, for 108 
the same time period pertaining to the annual report to the 109 
department required under paragraph (b), the number of notices 110 
of violation issued, the number that were contested, the number 111 
that were upheld, the number that were dismissed, the number 112 
that were issued as uniform traffic citations, and the number 113 
that were paid and how collected funds were distributed and in 114 
what amounts. The county or municipality must report to the 115 
department that the county's or municipality's annual report was 116 
considered in accordance with this subparagraph, including the 117 
date of the regular or special meeting at which the annual 118 
report was considered. 119 
 3.  The compliance or sufficiency of compliance with this 120 
paragraph may not be raised in a proceeding challenging a 121 
violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a 122 
traffic infraction detector. 123 
 4.  A county or municipality that does not comply with this 124 
paragraph is suspended from operating traffic inf raction 125     
 
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detectors under this subsection until such noncompliance is 126 
corrected. 127 
 (b)(a) Each county or municipality that operates a traffic 128 
infraction detector shall submit a report by October 1, 2012, 129 
and annually thereafter, to the department which detai ls the 130 
results of using the traffic infraction detector and the 131 
procedures for enforcement for the preceding state fiscal year. 132 
The information submitted by the counties and municipalities 133 
must include: 134 
 1.  The number of notices of violation issued, the n umber 135 
that were contested, the number that were upheld, the number 136 
that were dismissed, the number that were issued as uniform 137 
traffic citations, the number that were paid, and the number in 138 
each of the preceding categories for which the notice of 139 
violation was issued for a right -hand turn violation. 140 
 2.  A description of alternative safety countermeasures 141 
taken before and after the placement or installation of a 142 
traffic infraction detector. 143 
 3. Statistical data and information required by the 144 
department to complete the summary report required under 145 
paragraph (c) (b). 146 
 147 
The department must publish each report submitted by a county or 148 
municipality pursuant to this paragraph on its website. 149 
 (c)(b) On or before December 31, 2012, and annually 150     
 
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thereafter, the department shall provide a summary report to the 151 
Governor, the President of the Senate, and the Speaker of the 152 
House of Representatives regarding the use and operation of 153 
traffic infraction detectors under this section, along with the 154 
department's recommen dations and any necessary legislation. The 155 
summary report must include a review of the information 156 
submitted to the department by the counties and municipalities 157 
and must describe the enhancement of the traffic safety and 158 
enforcement programs. 159 
 Section 4.  This act shall take effect July 1, 2024. 160