FL
Florida House Bill H1363

Florida 2024 Regular Session

Florida House Bill H1363 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to traffic enforcement; creating s. 2
1616 316.0077, F.S.; prohibiting contracts awarded by 3
1717 certain entities outside this state from being used to 4
1818 procure contracts with manufacturers or vendors of 5
1919 camera systems used for traffic enforcement; providing 6
2020 applicability; creating s. 316.0078, F.S.; defining 7
2121 the terms "controlling interest" and "foreign country 8
2222 of concern"; prohibiting a governmental enti ty from 9
2323 knowingly entering into or renewing certain contracts 10
2424 for camera systems used for traffic enforcement; 11
2525 amending s. 316.0083, F.S.; requiring certain counties 12
2626 or municipalities to enact an ordinance to authorize 13
2727 placement or installation of traffic infraction 14
2828 detectors; requiring the county or municipality to 15
2929 consider certain evidence and make a certain 16
3030 determination at a public hearing; requiring a county 17
3131 or municipality to place a specified annual report on 18
3232 the agenda of a regular or special meetin g of its 19
3333 governing body; requiring approval by the governing 20
3434 body at a regular or special meeting before 21
3535 contracting or renewing a contract to place or install 22
3636 traffic infraction detectors; providing for public 23
3737 comment; prohibiting such report, contract, o r 24
3838 contract renewal from being considered as part of a 25
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4747 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
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5151 consent agenda; providing requirements for a written 26
5252 summary of such report; requiring a report to the 27
5353 Department of Highway Safety and Motor Vehicles; 28
5454 prohibiting compliance with certain provisions fro m 29
5555 being raised in a proceeding challenging a violation; 30
5656 providing for suspension of a noncompliant county or 31
5757 municipality from operating traffic infraction 32
5858 detectors until such noncompliance is corrected; 33
5959 providing requirements for reports submitted to the 34
6060 department by counties and municipalities regarding 35
6161 use of and enforcement by traffic infraction 36
6262 detectors; requiring the department to publish such 37
6363 reports on its website; providing an effective date. 38
6464 39
6565 Be It Enacted by the Legislature of the State of Florida: 40
6666 41
6767 Section 1. Section 316.0077, Florida Statutes, is created 42
6868 to read: 43
6969 316.0077 Camera systems; contract procurement. —A contract 44
7070 awarded by another governmental entity outside this state or by 45
7171 a consortium or cooperative of governmental entiti es outside 46
7272 this state may not be used to procure contracts with 47
7373 manufacturers or vendors of school bus infraction detection 48
7474 systems, speed detection systems, traffic infraction detectors, 49
7575 or any other camera systems used for enforcing this chapter. 50
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8484 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
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8888 This section applies to contracts entered into on or after July 51
8989 1, 2025. 52
9090 Section 2. Section 316.0078, Florida Statutes, is created 53
9191 to read: 54
9292 316.0078 Prohibition on contracting for camera systems of 55
9393 vendors of foreign countries of concern. — 56
9494 (1) As used in this section, the terms "controlling 57
9595 interest" and "foreign country of concern" have the same 58
9696 meanings as in s. 287.138(1). 59
9797 (2) On or after July 1, 2025, a governmental entity may 60
9898 not knowingly enter into or renew a contract with a contracting 61
9999 vendor of a school bus infraction detection system, speed 62
100100 detection system, traffic infraction detector, or any other 63
101101 camera system used for enforcing this chapter which is subject 64
102102 to s. 316.0076 if: 65
103103 (a) The contracting vendor is owned by the government of a 66
104104 foreign country of concern; or 67
105105 (b) The government of a foreign country of concern has a 68
106106 controlling interest in the contracting vendor. 69
107107 Section 3. Subsection (4) of section 316.0083, Florida 70
108108 Statutes, is amended to read: 71
109109 316.0083 Mark Wandall Traffic Sa fety Program; 72
110110 administration; report. — 73
111111 (4)(a)1. A county or municipality that desires to have one 74
112112 or more traffic infraction detectors placed or installed on or 75
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121121 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
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125125 after July 1, 2025, in an area where no traffic infraction 76
126126 detectors are currently placed or installed must enact an 77
127127 ordinance in order to authorize the placement or installation 78
128128 of, or to authorize contracting with a vendor for the placement 79
129129 or installation of, one or more traffic infraction detectors to 80
130130 enforce s. 316.074(1) or s. 316.075(1)(c)1 . As part of the 81
131131 public hearing on such proposed ordinance, the county or 82
132132 municipality must consider traffic data or other evidence 83
133133 supporting the installation and operation of each traffic 84
134134 infraction detector, and the county or municipality must 85
135135 determine that the intersection at which a traffic infraction 86
136136 detector is to be placed or installed constitutes a heightened 87
137137 safety risk that warrants additional enforcement measures. 88
138138 2. A county or municipality that operates one or more 89
139139 traffic infraction detect ors must annually report the results of 90
140140 all traffic infraction detectors within the county's or 91
141141 municipality's jurisdiction by placing the annual report to the 92
142142 department required under paragraph (b) as a single reporting 93
143143 item on the agenda of a regular or special meeting of the 94
144144 county's or municipality's governing body. Before a county or 95
145145 municipality contracts or renews a contract to place or install 96
146146 one or more traffic infraction detectors, the county or 97
147147 municipality must approve the contract or contract renewal at a 98
148148 regular or special meeting of the county's or municipality's 99
149149 governing body. 100
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158158 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
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162162 a. Interested members of the public must be allowed to 101
163163 comment regarding the report, contract, or contract renewal 102
164164 under the county's or municipality's public comm ent policies or 103
165165 formats, and the report, contract, or contract renewal may not 104
166166 be considered as part of a consent agenda. 105
167167 b. The report required under this subparagraph must 106
168168 include a written summary, which must be read aloud at the 107
169169 regular or special meeting, and the summary must contain, for 108
170170 the same time period pertaining to the annual report to the 109
171171 department required under paragraph (b), the number of notices 110
172172 of violation issued, the number that were contested, the number 111
173173 that were upheld, the number that were dismissed, the number 112
174174 that were issued as uniform traffic citations, and the number 113
175175 that were paid and how collected funds were distributed and in 114
176176 what amounts. The county or municipality must report to the 115
177177 department that the county's or municipality's annual report was 116
178178 considered in accordance with this subparagraph, including the 117
179179 date of the regular or special meeting at which the annual 118
180180 report was considered. 119
181181 3. The compliance or sufficiency of compliance with this 120
182182 paragraph may not be raised in a proceeding challenging a 121
183183 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a 122
184184 traffic infraction detector. 123
185185 4. A county or municipality that does not comply with this 124
186186 paragraph is suspended from operating traffic inf raction 125
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195195 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
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199199 detectors under this subsection until such noncompliance is 126
200200 corrected. 127
201201 (b)(a) Each county or municipality that operates a traffic 128
202202 infraction detector shall submit a report by October 1, 2012, 129
203203 and annually thereafter, to the department which detai ls the 130
204204 results of using the traffic infraction detector and the 131
205205 procedures for enforcement for the preceding state fiscal year. 132
206206 The information submitted by the counties and municipalities 133
207207 must include: 134
208208 1. The number of notices of violation issued, the n umber 135
209209 that were contested, the number that were upheld, the number 136
210210 that were dismissed, the number that were issued as uniform 137
211211 traffic citations, the number that were paid, and the number in 138
212212 each of the preceding categories for which the notice of 139
213213 violation was issued for a right -hand turn violation. 140
214214 2. A description of alternative safety countermeasures 141
215215 taken before and after the placement or installation of a 142
216216 traffic infraction detector. 143
217217 3. Statistical data and information required by the 144
218218 department to complete the summary report required under 145
219219 paragraph (c) (b). 146
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221221 The department must publish each report submitted by a county or 148
222222 municipality pursuant to this paragraph on its website. 149
223223 (c)(b) On or before December 31, 2012, and annually 150
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232232 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
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236236 thereafter, the department shall provide a summary report to the 151
237237 Governor, the President of the Senate, and the Speaker of the 152
238238 House of Representatives regarding the use and operation of 153
239239 traffic infraction detectors under this section, along with the 154
240240 department's recommen dations and any necessary legislation. The 155
241241 summary report must include a review of the information 156
242242 submitted to the department by the counties and municipalities 157
243243 and must describe the enhancement of the traffic safety and 158
244244 enforcement programs. 159
245245 Section 4. This act shall take effect July 1, 2024. 160