This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1363a.TMS
DATE: 1/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1363 Traffic Enforcement
SPONSOR(S): Transportation & Modals Subcommittee, Busatta Cabrera
TIED BILLS: IDEN./SIM. BILLS: SB 1464
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 0 N, As CS Hinshelwood Hinshelwood
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Infrastructure Strategies Committee
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.
Similar to current law for school zone speed detection systems, the bill adds the following requirements to the
law that authorizes red light cameras:
A county or municipality must enact an ordinance in order to authorize the placement or installation of,
or to authorize contracting with a vendor for the placement or installation of, one or more traffic
infraction detectors.
A county or municipality that operates traffic infraction detectors must annually report the results of all
traffic infraction detectors within the county's or municipality's jurisdiction.
Before a county or municipality contracts or renews a contract to place or install traffic infraction
detectors, the county or municipality must approve the contract or contract renewal at a regular or
special meeting of the county's or municipality's governing body.
The bill provides requirements for the public hearing on a proposed ordinance and the annual reporting.
The compliance or sufficiency of compliance with the reporting requirement may not be raised in a
proceeding challenging specified traffic violations enforced by a traffic infraction detector.
Additionally, the bill provides that a county or municipality that does not comply with the specified reporting
requirements are suspended from operating traffic infraction detectors until such noncompliance is corrected.
Relating to the requirement under current law that each county and municipality must submit to DHSMV a
traffic infraction detector report in order for DHSMV to compile its summary report on red light cameras, the bill
specifies contents of the county and municipality reports and requires DHSMV to publish each report submitted
by a county or municipality on its website.
The bill also adds parameters around the use of all cameras for traffic enforcement such that contracts must be
competitively bid, and a camera or camera component which is constructed by a Chinese manufacturer or a
domestic or international manufacturer that uses materials imported from China may not be used for traffic
enforcement in Florida.
The bill will have an indeterminate negative fiscal impact, though likely insignificant, on the state. The bill will
have an indeterminate negative fiscal impact on local governments that elect to enforce certain traffic
infractions by use of a camera.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1363a.TMS PAGE: 2
DATE: 1/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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.
4
School zone speed detection systems and school bus infraction detection systems are the two most
recently authorized camera programs and were authorized in the 2023 Legislative Session.
5
The law authorizing school zone speed detection systems contains the following provisions pertinent to
this bill:
Requires a county or municipality to enact an ordinance in order to authorize the placement or
installation of a speed detection system.
6
As part of the public hearing on such proposed
ordinance, the county or municipality must consider traffic data or other evidence supporting
the installation and operation of each proposed school zone speed detection system, and the
county or municipality must determine that the school zone where a speed detection system is
to be placed or installed constitutes a heightened safety risk that warrants additional
enforcement measures pursuant to this subsection.
7
Requires a county or municipality to annually report the results of all school zone speed
detection systems within the county's or municipality's jurisdiction by placing a specified report
as a single reporting item on the agenda of a regular or special meeting of the county's or
municipality's governing body.
8
Before a county or municipality contracts or renews a contract
to place or install a speed detection system in a school zone, the county or municipality must
approve the contract or contract renewal at a regular or special meeting of the county's or
municipality's governing body.
9
o Interested members of the public must be allowed to comment regarding the report,
contract, or contract renewal under the county's or municipality's public comment
policies or formats, and the report, contract, or contract renewal may not be considered
as part of a consent agenda.
10
o The report must include a written summary, which must be read aloud at the regular or
special meeting, and the summary must contain, for the same time period pertaining to
the specified annual report to the Department of Highway Safety and Motor Vehicles
(DHSMV), the number of notices of violation issued, the number that were contested,
the number that were upheld, the number that were dismissed, the number that were
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
Chs. 2023-174 and 2023-171, Laws of Fla.
6
S. 316.008(9)(c), F.S.
7
Id.
8
S. 316.0776(3)(c), F.S.
9
Id.
10
S. 316.0776(3)(c)1., F.S. STORAGE NAME: h1363a.TMS PAGE: 3
DATE: 1/26/2024
issued as uniform traffic citations, and the number that were paid and how collected
funds were distributed and in what amounts. The county or municipality must report to
the DHSMV that the county's or municipality's annual report was properly considered,
including the date of the regular or special meeting at which the annual report was
considered.
11
o The compliance or sufficiency of compliance with this reporting requirement may not be
raised in a proceeding challenging a violation of s. 316.1895, F.S., or s. 316.183, F.S.,
enforced by a speed detection system in a school zone.
12
The law that authorizes red light cameras contains the following provisions pertinent to this bill:
Each county or municipality that operates a traffic infraction detector must submit a report by
October 1, 2012, and annually thereafter, to DHSMV which details the results of using the traffic
infraction detector and the procedures for enforcement for the preceding state fiscal year.
13
The
information submitted by the counties and municipalities must include statistical data and
information required by DHSMV in order for DHSMV to complete the report that DHSMV is
required to compile.
14
On or before December 31, 2012, and annually thereafter, DHSMV must provide 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 traffic infraction detectors, along with
DHSMV’s recommendations and any necessary legislation.
15
The summary report must include
a review of the information submitted to DHSMV by the counties and municipalities and must
describe the enhancement of the traffic safety and enforcement programs.
16
Effect of the Bill
Similar to current law for school zone speed detection systems, the bill adds the following requirements
to the law that authorizes red light cameras:
A county or municipality must enact an ordinance in order to authorize the placement or
installation of, or to authorize contracting with a vendor for the placement or installation of, one
or more traffic infraction detectors to enforce s. 316.074(1), F.S., or s. 316.075(1)(c)1., F.S. As
part of the public hearing on such proposed ordinance, the county or municipality must consider
traffic data or other evidence supporting the installation and operation of each traffic infraction
detector, and the county or municipality must determine that the intersection at which a traffic
infraction detector is to be placed or installed constitutes a heightened safety risk that warrants
additional enforcement measures.
A county or municipality that operates one or more traffic infraction detectors must annually
report the results of all traffic infraction detectors within the county's or municipality's jurisdiction
as a single reporting item on the agenda of a regular or special meeting of the county's or
municipality's governing body. Before a county or municipality contracts or renews a contract to
place or install one or more traffic infraction detectors, the county or municipality must approve
the contract or contract renewal at a regular or special meeting of the county's or municipality's
governing body.
o Interested members of the public must be allowed to comment regarding the report,
contract, or contract renewal under the county's or municipality's public comment
policies or formats, and the report, contract, or contract renewal may not be considered
as part of a consent agenda.
o The report must include a written summary, which must be read aloud at the regular or
special meeting, and the summary must contain, for the preceding year, the number of
notices of violation issued, 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 and how collected funds were distributed and in
11
S. 316.0776(3)(c)2., F.S.
12
S. 316.0776(3)(c)3., F.S
13
S. 316.0083(4)(a), F.S.
14
Id.
15
S. 316.0083(4)(b), F.S.
16
Id. STORAGE NAME: h1363a.TMS PAGE: 4
DATE: 1/26/2024
what amounts. The county or municipality must report to DHSMV that the county's or
municipality's annual report was considered in accordance with this paragraph, including
the date of the regular or special meeting at which the annual report was considered.
o The compliance or sufficiency of compliance with this reporting requirement may not be
raised in a proceeding challenging a violation of s. 316.074(1), F.S., or s.
316.075(1)(c)1., F.S., enforced by a traffic infraction detector.
Additionally, the bill provides that a county or municipality that does not comply with this reporting
requirement is suspended from operating traffic infraction detectors until such noncompliance is
corrected.
Relating to the requirement under current law that each county and municipality must submit to
DHSMV a traffic infraction detector report in order for DHSMV to compile its summary report on red
light cameras, the bill requires that:
The report include the number of notices of violation issued, the number that were contested,
the number that were upheld, the number that were dismissed, the number that were issued as
uniform traffic citations, the number that were paid, and the number in each of the preceding
categories for which the notice of violation was issued for a right-hand turn violation.
The report include a description of alternative safety countermeasures taken before and after
the placement or installation of a traffic infraction detector.
DHSMV publish each report submitted by a county or municipality on its website.
The bill adds the following parameters around the use of all cameras for traffic enforcement:
Competitive bidding: The provisions of s. 287.057, F.S., which exempt the purchase of
commodities or contractual services from competitive bidding requirements do not apply to
contracts entered into with manufacturers or vendors of school bus infraction detection systems,
speed detection systems, traffic infraction detectors, or any other camera systems used for
enforcing ch. 316, F.S.
17
Manufacturing: A school bus infraction detection system, speed detection system, traffic
infraction detector, or any other camera system used for ch. 316, F.S., or any component
thereof, which is constructed by a Chinese manufacturer or a domestic or international
manufacturer that uses materials imported from China may not be used for traffic enforcement
in Florida.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1 Creates s. 316.0077, F.S., relating camera systems; competitive bidding.
Section 2 Creates s. 316.0078, F.S., relating to use of camera systems constructed by Chinese
manufacturers prohibited.
Section 3 Amends s. 316.0083, F.S,, relating to Mark Wandall Traffic Safety Program; administration;
report.
Section 4 Provides an effective of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
17
Ch. 316, F.S., relates to state uniform traffic control. STORAGE NAME: h1363a.TMS PAGE: 5
DATE: 1/26/2024
2. Expenditures:
The bill will have an indeterminate negative fiscal impact, though likely insignificant, on DHSMV
because the agency will have to publish each red light camera report submitted by a county or
municipality on its website.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Indeterminate. As to local governments that elect to enforce certain traffic infractions by use of a
camera, the bill may add costs to local governments in order for them to do so.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures 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:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Transportation & Modals Subcommittee considered one amendment, which was
adopted, and reported favorably as a committee substitute. The amendment specifies content of red light
camera reports that counties and municipalities must submit to DHSMV.
The analysis is drafted to the committee substitute as approved by the Transportation & Modals
Subcommittee.