This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1363d.ISC
DATE: 2/20/2024
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) State Affairs Committee 20 Y, 0 N Mwakyanjala Williamson
3) Infrastructure Strategies Committee Hinshelwood 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.
Similar to current law for school zone speed detection systems, the bill adds certain requirements to the law
that authorizes red light cameras. The bill requires a county or municipality to 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
bill requires the county or municipality to 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.
The bill establishes annual reporting requirements and provides that 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 submit to the Department of
Highway Safety and Motor Vehicles (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 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, requiring that contracts be
competitively bid and prohibiting the use of a camera or camera component which is constructed by a Chinese
manufacturer or a domestic or international manufacturer that uses materials imported from China.
The bill may have an indeterminate negative fiscal impact, though likely insignificant, on the state, and 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: h1363d.ISC PAGE: 2
DATE: 2/20/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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.
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.
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 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,
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: h1363d.ISC PAGE: 3
DATE: 2/20/2024
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 what amounts. The county or municipality must report to
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
Procurement of Commodities and Contractual Services
Current law requires state agencies to contract for commodities or contractual services in excess of
$35,000 to be procured using a competitive solicitation
17
process.
18
State agencies may use a variety of procurement methods, depending on the cost and characteristics
of the needed good or service, the complexity of the procurement, and the number of available
vendors. These methods include the following:
Invitations to bid, used when an agency determines that standard services or goods will meet
needs, wide competition is available, and the vendor’s experience will not greatly influence the
agency’s results.
19
Requests for proposals, used when the procurement requirements allow for consideration of
various solutions and the agency believes more than two or three vendors exist who can
provide the required goods or services.
20
Invitations to negotiate, used when negotiations are determined to be necessary to obtain the
best value and involve a request for highly complex, customized, mission-critical services, by an
agency dealing with a limited number of vendors.
21
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.
17
Section 287.012(6), F.S., defines “competitive solicitation” to mean the process of requesting and receiving two or more
sealed bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process,
regardless of the method of procurement.
18
Section 287.057(1), F.S., requires all projects that exceed the Category Two ($35,000) threshold provided in s.
287.017, F.S., to be competitively bid.
19
S. 287.057(1)(a), F.S.
20
S. 287.057(1)(b), F.S.
21
S. 287.057(1)(c), F.S. STORAGE NAME: h1363d.ISC PAGE: 4
DATE: 2/20/2024
Current law provides exemptions from the competitive solicitation requirement in certain instances. In
part, specific exemptions include commodities and contractual services only available from a single
source, and certain Department of Transportation contracts.
22
Effect of the Bill
Similar to current law for school zone speed detection systems, the bill adds additional requirements to
the law that authorizes red light cameras.
The bill requires a county or municipality to 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 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.
The bill requires a county or municipality that operates one or more traffic infraction detectors to
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. 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. The report must include a written
summary that 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 what
amounts. The county or municipality must report to DHSMV that the county's or municipality's annual
report was considered, including the date of the regular or special meeting at which the annual report
was considered. 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 submit to DHSMV a
traffic infraction detector report in order for DHSMV to compile its summary report on red light cameras,
the bill requires:
The report to 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 to include a description of alternative safety countermeasures taken before and after
the placement or installation of a traffic infraction detector.
DHSMV to publish each report submitted by a county or municipality on its website.
22
See s. 287.057(3), F.S. STORAGE NAME: h1363d.ISC PAGE: 5
DATE: 2/20/2024
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.
23
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.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact, though likely insignificant, on DHSMV
because the department has 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 PR IVATE SECTOR:
None.
23
Ch. 316, F.S., relates to state uniform traffic control. STORAGE NAME: h1363d.ISC PAGE: 6
DATE: 2/20/2024
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 specified the 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.