This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1363e.ISC
DATE: 2/23/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1363 Traffic Enforcement
SPONSOR(S): Infrastructure Strategies Committee, 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 22 Y, 0 N, As CS 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 if the traffic infraction detectors are placed or installed on
or after July 1, 2025, in an area where no traffic infraction detectors are currently placed or installed. 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 for counties and municipalities that have installed traffic
infraction detectors 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
requirements for enacting an ordinance and annual reporting are suspended from operating traffic infraction
detectors until such noncompliance is corrected.
The bill specifies contents of reports required under current law which each county and municipality submits to
the Department of Highway Safety and Motor Vehicles (DHSMV) in order for DHSMV to compile its summary
report on red light cameras. The bill also requires DHSMV to publish each report submitted by a county or
municipality on its website.
The bill adds parameters around the procurement of all traffic enforcement cameras and prohibits contracting
for traffic enforcement camera systems with vendors of foreign countries of concern.
The bill may have an indeterminate negative fiscal impact on the state and 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: h1363e.ISC PAGE: 2
DATE: 2/23/2024
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: h1363e.ISC PAGE: 3
DATE: 2/23/2024
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
Current law for red light cameras does not require the enactment of an ordinance prior to the placement
or installation of such cameras, does not place specific parameters around procurement of contracts
with manufacturers or vendors of traffic enforcement camera systems, and does not prohibit contracting
with vendors of foreign countries of concern for traffic enforcement camera systems.
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.
A county or municipality that desires to have one or more traffic infraction detectors placed or installed
on or after July 1, 2025, in an area where no traffic infraction detectors are currently placed or installed
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 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
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: h1363e.ISC PAGE: 4
DATE: 2/23/2024
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 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.
The bill adds the following parameters around the use of all cameras for traffic enforcement:
Contract Procurement: A contract awarded by another governmental entity outside this state or
by a consortium or cooperative of governmental entities outside this state may not be used to
procure contracts with manufacturers or vendors of school bus infraction detection systems,
speed detection systems, traffic infraction detectors, or any other camera systems used for
traffic enforcement. This applies to contracts entered into on or after July 1, 2025.
Manufacturing: On or after July 1, 2025, a governmental entity may not knowingly enter into or
renew a contract with a contracting vendor of a school bus infraction detection system, speed
detection system, traffic infraction detector, or any other camera system used for traffic
enforcement if:
o The contracting vendor is owned by the government of a foreign country of concern;
17
or
o The government of a foreign country of concern has a controlling interest
18
in the
contracting vendor.
The bill provides an effective date of July 1, 2024.
17
The bill relies on the definition of “foreign country of concern” in s. 287.138, F.S., which defines the term to mean “the
People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of
Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any
agency of or any other entity of significant control of such foreign country of concern.” S. 287.138(1)(c), F.S.
18
The bill relies on the definition of “controlling interest” in s. 287.138, F.S., which defines the term to mean “possession of
the power to direct or cause the direction of the management or policies of a company, whether through ownership of
securities, by contract, or otherwise. A person or entity that directly or indirectly has the right to vote 25 percent or more of
the voting interests of the company or is entitled to 25 percent or more of its profits is presumed to possess a controlling
interest.” S. 287.138(1)(a), F.S. STORAGE NAME: h1363e.ISC PAGE: 5
DATE: 2/23/2024
B. SECTION DIRECTORY:
Section 1 Creates s. 316.0077, F.S., relating camera systems; contract procurement.
Section 2 Creates s. 316.0078, F.S., relating to prohibition on contracting for camera systems of
vendors of foreign countries of concern.
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 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. STORAGE NAME: h1363e.ISC PAGE: 6
DATE: 2/23/2024
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 the content of red
light camera reports that counties and municipalities must submit to DHSMV.
On February 22, 2024, the Infrastructure Strategies Committee considered one amendment, which was
adopted, and reported favorably as a committee substitute. The amendment:
Amends provisions relating to procurement of contracts with manufacturers or vendors of traffic
enforcement camera systems.
Provides a prohibition on contracting for traffic enforcement camera systems with vendors of
foreign countries of concern.
Amends the requirement that a county or municipality enact an ordinance to authorize placement
or installation of red light cameras by applying this requirement only to a county or municipality that
desires to install or place such cameras on or after July 1, 2025, in an area where no red light
cameras are currently placed or installed.
Makes technical and clarifying changes to the reporting requirements for red light cameras.
The analysis is drafted to the committee substitute as approved by the Infrastructure Strategies
Committee.