Florida Senate - 2024 SB 994 By Senator Burgess 23-00315A-24 2024994__ 1 A bill to be entitled 2 An act relating to student transportation safety; 3 amending s. 316.003, F.S.; revising the definition of 4 the term local hearing officer; amending s. 316.173, 5 F.S.; authorizing charter schools and private schools 6 to install and operate school bus infraction detection 7 systems; deleting a prohibition against an individual, 8 a vendor, or a manufacturer receiving commissions, 9 fees, or remuneration based on the number of 10 violations detected; authorizing traffic infraction 11 enforcement officers who meet specified requirements 12 and school board security agencies to enforce 13 specified violations; revising requirements for 14 signage posted on the rear of a school bus indicating 15 usage of a school bus infraction detection system; 16 authorizing the governing board of a school entity to 17 establish certain procedures for a hearing to contest 18 liability or a notice of violation; revising the 19 required uses for civil penalties assessed and 20 collected for certain violations; prohibiting school 21 bus infraction detection systems from being used for 22 remote surveillance; providing construction; revising 23 purposes for which video and images recorded as part 24 of a school bus infraction detection system may be 25 used; conforming provisions and cross-references to 26 changes made by the act; making technical changes; 27 amending s. 316.640, F.S.; providing that a school 28 safety officer who completes certain training may be 29 authorized by a county, municipality, or school entity 30 as a traffic infraction enforcement officer and may 31 issue certain notices and citations; conforming cross 32 references; amending s. 318.18, F.S.; requiring that 33 certain civil penalties be remitted to a school 34 district, charter school, or private school operating 35 a school bus with a school bus infraction detection 36 system to be used for certain purposes; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1.Subsection (38) of section 316.003, Florida 42 Statutes, is amended to read: 43 316.003Definitions.The following words and phrases, when 44 used in this chapter, shall have the meanings respectively 45 ascribed to them in this section, except where the context 46 otherwise requires: 47 (38)LOCAL HEARING OFFICER. 48 (a)The person, designated by a department, county, or 49 municipality that elects to authorize traffic infraction 50 enforcement officers to issue traffic citations under ss. 51 316.0083(1)(a) and 316.1896(1), who is authorized to conduct 52 hearings related to a notice of violation issued pursuant to s. 53 316.0083 or s. 316.1896. The charter county, noncharter county, 54 or municipality may use its currently appointed code enforcement 55 board or special magistrate to serve as the local hearing 56 officer. The department may enter into an interlocal agreement 57 to use the local hearing officer of a county or municipality. 58 (b)The person, designated by a school district, charter 59 school, or private school that elects to authorize traffic 60 infraction enforcement officers or one or more law enforcement 61 agencies to issue traffic citations under s. 316.173, who is 62 authorized to conduct hearings related to a notice of violation 63 issued pursuant to s. 316.173. The school district, charter 64 school, or private school may use an attorney in good standing 65 with The Florida Bar for at least 5 years designated by the 66 governing board to serve as the local hearing officer. A local 67 hearing officer designated under this paragraph may serve in 68 such office for one or more school entities, and such service 69 does not constitute dual officeholding as prohibited by s. 5(a), 70 Art. II of the State Constitution. The school district, charter 71 school, or private school may enter into an interlocal agreement 72 to use the local hearing officer of a county or municipality. 73 Section 2.Present subsections (6) through (19) of section 74 316.173, Florida Statutes, are redesignated as subsections (7) 75 through (20), respectively, a new subsection (6) is added to 76 that section, and subsection (1), paragraph (a) of subsection 77 (2), subsections (3), (4), and (5), and present subsections (7), 78 (8), (10), (11), (12), (16), and (17) of that section are 79 amended, to read: 80 316.173School bus infraction detection systems. 81 (1)(a)A school district, charter school, or private school 82 may install and operate a school bus infraction detection system 83 on a school bus for the purpose of enforcing s. 316.172(1)(a) 84 and (b) as provided in and consistent with this section. 85 (b)The school district, charter school, or private school 86 may contract with a private vendor or manufacturer to install a 87 school bus infraction detection system on any school bus within 88 its fleet, whether owned, contracted, or leased, and for 89 services including, but not limited to, the installation, 90 operation, and maintenance of the system. The school districts, 91 charter schools, or private schools decision to install school 92 bus infraction detection systems must be based solely on the 93 need to increase public safety. An individual may not receive a 94 commission from any revenue collected from violations detected 95 through the use of a school bus infraction detection system. A 96 private vendor or manufacturer may not receive a fee or 97 remuneration based upon the number of violations detected 98 through the use of a school bus infraction detection system. 99 (c)The school district, charter school, or private school 100 must ensure that each school bus infraction detection system 101 meets the requirements of subsection (19) (18). 102 (d)The school district, charter school, or private school 103 may must enter into an interlocal agreement with one or more law 104 enforcement agencies authorized to enforce violations of s. 105 316.172(1)(a) and (b) within the school district which jointly 106 establishes the responsibilities of enforcement and the 107 reimbursement of costs associated with school bus infraction 108 detection systems consistent with this section. For the purposes 109 of administering this section, a traffic infraction enforcement 110 officer who meets the requirements of s. 316.640 or a certified 111 school board security agency that employs law enforcement 112 officers may enforce violations of s. 316.172(1)(a) and (b) as 113 authorized by this section. 114 (2)(a)The school district, charter school, or private 115 school must post high-visibility reflective signage on the rear 116 of each school bus in which a school bus infraction detection 117 system is installed and operational which indicates the use of 118 such system. The signage must be in the form of one or more 119 signs or stickers and must contain the following elements in 120 substantially the following form: 121 1.The words STOP WHEN RED LIGHTS FLASH or DO NOT PASS 122 WHEN RED LIGHTS FLASH. 123 2.The words CAMERA ENFORCED. 124 3.A graphic depiction of a camera. 125 (3)If a school district, charter school, or private school 126 that has never conducted a school bus infraction detection 127 system program begins such a program, the school district, 128 charter school, or private school must make a public 129 announcement and conduct a public awareness campaign of the 130 proposed use of school bus infraction detection systems at least 131 30 days before commencing enforcement under the school bus 132 infraction detection system program and notify the public of the 133 specific date on which the program will commence. During the 30 134 day public awareness campaign, only a warning may be issued to 135 the registered owner of a motor vehicle for a violation of s. 136 316.172(1)(a) or (b) enforced by a school bus infraction 137 detection system, and a civil penalty may not be imposed under 138 chapter 318. 139 (4)Within 30 days after an alleged violation of s. 140 316.172(1)(a) or (b) is recorded by a school bus infraction 141 detection system, the school district, charter school, or 142 private school or the private vendor or manufacturer under 143 paragraph (1)(b) must submit the following information to a law 144 enforcement agency or a traffic infraction enforcement officer 145 designated that has entered into an interlocal agreement with 146 the school district pursuant to paragraph (1)(d) and has traffic 147 infraction enforcement jurisdiction at the location where the 148 alleged violation occurred: 149 (a)A copy of the recorded video and images showing the 150 motor vehicle allegedly violating s. 316.172(1)(a) or (b). 151 (b)The motor vehicles license plate number and the state 152 of issuance of the motor vehicles license plate. 153 (c)The date, time, and location of the alleged violation. 154 (5)Within 30 days after receiving the information required 155 in subsection (4), the law enforcement agency or its agent, or a 156 traffic infraction enforcement officer, if it is determined 157 determines that the motor vehicle violated s. 316.172(1)(a) or 158 (b), must send a notice of violation to the registered owner of 159 the motor vehicle involved in the violation specifying the 160 remedies available under s. 318.14 and that the violator must 161 pay the penalty under s. 318.18(5) or furnish an affidavit in 162 accordance with subsection (11) (10) within 30 days after the 163 notice of violation is sent in order to avoid court fees, costs, 164 and the issuance of a uniform traffic citation. The notice of 165 violation must be sent by first-class mail and include all of 166 the following: 167 (a)A copy of one or more recorded images showing the motor 168 vehicle involved in the violation, including an image showing 169 the license plate of the motor vehicle. 170 (b)The date, time, and location of the violation. 171 (c)The amount of the civil penalty, the date by which the 172 civil penalty must be paid, and instructions on how to pay the 173 civil penalty. 174 (d)Instructions on how to request a hearing to contest 175 liability or the notice of violation. In lieu of hearings 176 administered by a county traffic court, the governing board of a 177 school entity, by resolution, may establish the hearing 178 procedures provided in subsection (6). 179 (e)A notice that the owner has the right to review, in 180 person or remotely, the video and images recorded by the school 181 bus infraction detection system which constitute a rebuttable 182 presumption that the motor vehicle was used in violation of s. 183 316.172(1)(a) or (b). 184 (f)The time when, and the place or website at which, the 185 recorded video and images may be examined and observed. 186 (g)A warning that failure to pay the civil penalty or to 187 contest liability within 30 days after the notice is sent will 188 result in the issuance of a uniform traffic citation. 189 (6)The governing board of a school entity, by resolution, 190 may establish the following procedures for a hearing under this 191 section: 192 (a)The department shall publish and make available 193 electronically to each school entitys governing board a model 194 Request for Hearing form to assist each school entitys 195 governing board administering this section. 196 (b)A school district, charter school, or private school 197 operating school bus infraction detection systems on school 198 buses which elects to authorize traffic infraction enforcement 199 officers or one or more law enforcement agencies to issue 200 traffic citations under this section shall designate by 201 resolution existing staff or a designated staff agent to serve 202 as the clerk to the local hearing officer. 203 (c)A person, referred to in this subsection as the 204 petitioner, who elects to request a hearing under this section 205 must be scheduled for a hearing by the clerk to the local 206 hearing officer to appear before a local hearing officer with 207 notice to be sent by first-class mail. Upon receipt of the 208 notice, the petitioner may reschedule the hearing once by 209 submitting a written request to reschedule to the clerk to the 210 local hearing officer at least 5 calendar days before the day of 211 the originally scheduled hearing. The petitioner may cancel his 212 or her appearance before the local hearing officer by paying the 213 penalty assessed under s. 318.18, plus $50 in administrative 214 costs, before the start of the hearing. 215 (d)All testimony at the hearing must be under oath and 216 must be recorded. The local hearing officer shall take testimony 217 from a traffic infraction enforcement officer, or law 218 enforcement agency designee, and the petitioner, and may take 219 testimony from others. The local hearing officer shall review 220 the video and images made available under this section. Formal 221 rules of evidence do not apply, but due process and the 222 preponderance of evidence standard must be observed and govern 223 the proceedings. 224 (e)At the conclusion of the hearing, the local hearing 225 officer shall determine whether a violation under this section 226 has occurred, in which case the hearing officer shall uphold or 227 dismiss the violation. The local hearing officer shall issue a 228 final administrative order including the determination and, if 229 the notice of violation is upheld, require the petitioner to pay 230 the penalty previously assessed under s. 318.18, and may also 231 require the petitioner to pay school entity costs, including 232 local hearing officer and hearing administrative costs, not to 233 exceed $250. The final administrative order must be mailed to 234 the petitioner by first-class mail. 235 (f)An aggrieved party may appeal a final administrative 236 order consistent with the process provided under s. 162.11. 237 (8)(7)The civil penalties assessed and collected for a 238 violation of s. 316.172(1)(a) or (b) enforced by a school bus 239 infraction detection system must be remitted to the school 240 district in which the violation occurred or to the charter 241 school or private school that reported the violation. Such civil 242 penalties must be used for the installation, operation, or 243 maintenance of school bus infraction detection systems on school 244 buses, including student transportation safety initiatives, 245 driver recruitment and retention stipends, or other student 246 transportation safety enhancements for any other technology that 247 increases the safety of the transportation of students, or for 248 the administration and costs associated with the enforcement of 249 violations as described in this section. 250 (9)(8)A uniform traffic citation must be issued by mailing 251 the uniform traffic citation by certified mail to the address of 252 the registered owner of the motor vehicle involved in the 253 violation if payment has not been made within 30 days after 254 notification under subsection (5) and if the registered owner 255 has not submitted an affidavit in accordance with subsection 256 (11) (10). 257 (11)(10)To establish such facts under subsection (10) (9), 258 the registered owner of the motor vehicle must, within 30 days 259 after the date of issuance of the notice of violation or the 260 uniform traffic citation, furnish to the law enforcement agency 261 or its agent who that issued the notice of violation or uniform 262 traffic citation an affidavit setting forth information 263 supporting an exception under subsection (10) (9). 264 (a)An affidavit supporting the exception under paragraph 265 (10)(a) (9)(a) must include the name, address, date of birth, 266 and, if known, the driver license number of the person who 267 leased, rented, or otherwise had care, custody, or control of 268 the motor vehicle at the time of the alleged violation. If the 269 motor vehicle was stolen at the time of the alleged violation, 270 the affidavit must include the police report indicating that the 271 motor vehicle was stolen. 272 (b)If a uniform traffic citation for a violation of s. 273 316.172(1)(a) or (b) was issued at the location of the violation 274 by a law enforcement officer, the affidavit must include the 275 serial number of the uniform traffic citation. 276 (c)If the motor vehicles owner to whom a notice of 277 violation or a uniform traffic citation has been issued is 278 deceased, the affidavit must include a certified copy of the 279 owners death certificate showing that the date of death 280 occurred on or before the date of the alleged violation and one 281 of the following: 282 1.A bill of sale or other document showing that the 283 deceased owners motor vehicle was sold or transferred after his 284 or her death but on or before the date of the alleged violation. 285 2.Documented proof that the registered license plate 286 belonging to the deceased owners motor vehicle was returned to 287 the department or any branch office or authorized agent of the 288 department after his or her death but on or before the date of 289 the alleged violation. 290 3.A copy of the police report showing that the deceased 291 owners registered license plate or motor vehicle was stolen 292 after his or her death but on or before the date of the alleged 293 violation. 294 295 Upon receipt of the affidavit and documentation required under 296 paragraphs (b) and (c), or 30 days after the date of issuance of 297 a notice of violation sent to a person identified as having 298 care, custody, or control of the motor vehicle at the time of 299 the violation under paragraph (a), the law enforcement agency or 300 its agent, or traffic infraction enforcement officer must 301 dismiss the notice or citation and provide proof of such 302 dismissal to the person who submitted the affidavit. If, within 303 30 days after the date of a notice of violation sent to a person 304 under subsection (12) (11), the law enforcement agency or its 305 agent, or traffic infraction enforcement officer receives an 306 affidavit under subsection (13) (12) from the person who was 307 sent a notice of violation affirming that the person did not 308 have care, custody, or control of the motor vehicle at the time 309 of the violation, the law enforcement agency or its agent, or 310 traffic infraction enforcement officer must notify the 311 registered owner that the notice or citation will not be 312 dismissed due to failure to establish that another person had 313 care, custody, or control of the motor vehicle at the time of 314 the violation. 315 (12)(11)Upon receipt of an affidavit under paragraph 316 (10)(a) (9)(a), the law enforcement agency may issue the person 317 identified as having care, custody, or control of the motor 318 vehicle at the time of the violation a notice of violation 319 pursuant to subsection (5) for a violation of s. 316.172(1)(a) 320 or (b). The affidavit is admissible in a proceeding pursuant to 321 this section for the purpose of providing evidence that the 322 person identified in the affidavit was in actual care, custody, 323 or control of the motor vehicle. The owner of a leased motor 324 vehicle for which a uniform traffic citation is issued for a 325 violation of s. 316.172(1)(a) or (b) is not responsible for 326 paying the uniform traffic citation and is not required to 327 submit an affidavit as specified in subsection (11) (10) if the 328 motor vehicle involved in the violation is registered in the 329 name of the lessee of such motor vehicle. 330 (13)(12)If a law enforcement agency or traffic infraction 331 enforcement officer receives an affidavit under paragraph 332 (10)(a) (9)(a), the notice of violation required under 333 subsection (5) must be sent to the person identified in the 334 affidavit within 30 days after receipt of the affidavit. The 335 person identified in an affidavit and sent a notice of violation 336 may also affirm he or she did not have care, custody, or control 337 of the motor vehicle at the time of the violation by furnishing 338 to the appropriate law enforcement agency or traffic infraction 339 enforcement officer within 30 days after the date of the notice 340 of violation an affidavit stating such. 341 (17)(a)1.(16)(a)1.Notwithstanding any other law, equipment 342 deployed as part of A school bus infraction detection system as 343 provided under this section may not be used for capable of 344 automated or user-controlled remote surveillance. The collection 345 of evidence by a school bus infraction detection system to 346 enforce violations of s. 316.172 does not constitute remote 347 surveillance. 348 2.Video and images recorded as part of a the school bus 349 infraction detection system may only be used for traffic 350 enforcement and for purposes of determining criminal or civil 351 liability for incidents captured by the school bus infraction 352 detection system incidental to the permissible use of the school 353 bus infraction detection system to document violations of s. 354 316.172(1)(a) and (b) and may not be used for any other 355 surveillance purposes. 356 2.3.To the extent practicable, a school bus infraction 357 detection system must use necessary technology to ensure that 358 personal identifying information contained in the video or still 359 images recorded by the system which is not relevant to the 360 alleged violation, including, but not limited to, the identity 361 of the driver and any passenger of a motor vehicle, the interior 362 or contents of a motor vehicle, the identity of an uninvolved 363 person, a number identifying the address of a private residence, 364 and the contents or interior of a private residence, is 365 sufficiently obscured so as not to reveal such personal 366 identifying information. 367 3.4.A notice of a violation or uniform traffic citation 368 issued under this section may not be dismissed solely because a 369 recorded video or still images reveal personal identifying 370 information as provided in subparagraph 2. 3. as long as a 371 reasonable effort has been made to comply with this subsection. 372 (b)Any recorded video or still image obtained through the 373 use of a school bus infraction detection system must be 374 destroyed within 90 days after the final disposition of the 375 recorded event. The vendor of the school bus infraction 376 detection system must provide the school district, charter 377 school, or private school with written notice by December 31 of 378 each year that such records have been destroyed in accordance 379 with this section. 380 (c)Notwithstanding any other law, registered motor vehicle 381 owner information obtained as a result of the operation of a 382 school bus infraction detection system is not the property of 383 the manufacturer or vendor of the system and may be used only 384 for the purposes of this section. 385 (18)(a)(17)(a)By October 1, 2023, and quarterly 386 thereafter, each school district, charter school, or private 387 school, in consultation with the law enforcement agencies with 388 which it has interlocal agreements pursuant to this section, 389 operating a school bus infraction detection system must submit, 390 in consultation with the law enforcement agencies with which it 391 has interlocal agreements pursuant to this section or with 392 traffic infraction enforcement officers designated pursuant to 393 paragraph (1)(d), a report to the department which details the 394 results of the school bus infraction detection systems in the 395 school district, charter school, or private school in the 396 preceding quarter. The information from the school districts, 397 charter schools, or private schools must be submitted in a form 398 and manner determined by the department, which the department 399 must make available to the school districts by August 1, 2023, 400 and to the charter schools and private schools by August 1, 401 2024, and must include at least the following: 402 1.The number of school buses that have a school bus 403 infraction detection system installed, including the date of 404 installation and, if applicable, the date the systems were 405 removed. 406 2.The number of notices of violations issued, the number 407 that were contested, the number that were upheld, the number 408 that were dismissed, the number that were issued as uniform 409 traffic citations, and the number that were paid. 410 3.Data for each infraction to determine locations in need 411 of safety improvements. Such data may must include, but is not 412 limited to, global positioning system coordinates of the 413 infraction, the date and time of the infraction, and the name of 414 the school that the school bus was transporting students to or 415 from. 416 4.Any other statistical data and information required by 417 the department to complete the report required by paragraph (c). 418 (b)Each school district, charter school, or private school 419 that operates a school bus infraction detection system is 420 responsible for and must maintain its respective data for 421 reporting purposes under this subsection for at least 2 years 422 after such data is reported to the department. 423 (c)On or before December 31, 2024, and annually 424 thereafter, the department shall submit a summary report to the 425 Governor, the President of the Senate, and the Speaker of the 426 House of Representatives regarding the use and operation of 427 school bus infraction detection systems under this section, 428 along with the departments recommendations and any recommended 429 legislation. The summary report must include a review of the 430 information submitted to the department by the school districts, 431 charter schools, and private schools and must describe the 432 enhancement of traffic safety and enforcement programs. 433 Section 3.Paragraph (a) of subsection (1), paragraph (a) 434 of subsection (3), and paragraph (a) of subsection (5) of 435 section 316.640, Florida Statutes, are amended to read: 436 316.640Enforcement.The enforcement of the traffic laws of 437 this state is vested as follows: 438 (1)STATE. 439 (a)1.a.The Division of Florida Highway Patrol of the 440 Department of Highway Safety and Motor Vehicles; the Division of 441 Law Enforcement of the Fish and Wildlife Conservation 442 Commission; the Division of Law Enforcement of the Department of 443 Environmental Protection; and the agents, inspectors, and 444 officers of the Department of Law Enforcement each have 445 authority to enforce all of the traffic laws of this state on 446 all the streets and highways thereof and elsewhere throughout 447 the state wherever the public has a right to travel by motor 448 vehicle. 449 b.University police officers may enforce all of the 450 traffic laws of this state when violations occur on or within 451 1,000 feet of any property or facilities that are under the 452 guidance, supervision, regulation, or control of a state 453 university, a direct-support organization of such state 454 university, or any other organization controlled by the state 455 university or a direct-support organization of the state 456 university, or when such violations occur within a specified 457 jurisdictional area as agreed upon in a mutual aid agreement 458 entered into with a law enforcement agency pursuant to s. 459 23.1225(1). Traffic laws may also be enforced off-campus when 460 hot pursuit originates on or within 1,000 feet of any such 461 property or facilities, or as agreed upon in accordance with the 462 mutual aid agreement. 463 c.Florida College System institution police officers may 464 enforce all the traffic laws of this state only when such 465 violations occur on or within 1,000 feet of any property or 466 facilities that are under the guidance, supervision, regulation, 467 or control of the Florida College System institution, or when 468 such violations occur within a specified jurisdictional area as 469 agreed upon in a mutual aid agreement entered into with a law 470 enforcement agency pursuant to s. 23.1225. Traffic laws may also 471 be enforced off-campus when hot pursuit originates on or within 472 1,000 feet of any such property or facilities, or as agreed upon 473 in accordance with the mutual aid agreement. 474 d.Police officers employed by an airport authority may 475 enforce all of the traffic laws of this state only when such 476 violations occur on any property or facilities that are owned or 477 operated by an airport authority. 478 (I)An airport authority may employ as a parking 479 enforcement specialist any individual who successfully completes 480 a training program established and approved by the Criminal 481 Justice Standards and Training Commission for parking 482 enforcement specialists but who does not otherwise meet the 483 uniform minimum standards established by the commission for law 484 enforcement officers or auxiliary or part-time officers under s. 485 943.12. This sub-sub-subparagraph may not be construed to permit 486 the carrying of firearms or other weapons, nor shall such 487 parking enforcement specialist have arrest authority. 488 (II)A parking enforcement specialist employed by an 489 airport authority may enforce all state, county, and municipal 490 laws and ordinances governing parking only when such violations 491 are on property or facilities owned or operated by the airport 492 authority employing the specialist, by appropriate state, 493 county, or municipal traffic citation. 494 e.The Office of Agricultural Law Enforcement of the 495 Department of Agriculture and Consumer Services may enforce 496 traffic laws of this state. 497 f.School safety officers may enforce all of the traffic 498 laws of this state when such violations occur on or about any 499 property or facilities that are under the guidance, supervision, 500 regulation, or control of the district school board. A school 501 safety officer who successfully completes instruction in traffic 502 enforcement procedures and court presentation as specified in 503 paragraph (5)(a) may be authorized by a county, municipality, or 504 applicable school entity as a traffic infraction enforcement 505 officer and may issue notices of violation and uniform traffic 506 citations under s. 316.173 within the county in which the school 507 district, charter school, or private school is located. 508 2.Any disciplinary action taken or performance evaluation 509 conducted by an agency of the state as described in subparagraph 510 1. of a law enforcement officers traffic enforcement activity 511 must be in accordance with written work-performance standards. 512 Such standards must be approved by the agency and any collective 513 bargaining unit representing such law enforcement officer. A 514 violation of this subparagraph is not subject to the penalties 515 provided in chapter 318. 516 3.The Division of the Florida Highway Patrol may employ as 517 a traffic accident investigation officer any individual who 518 successfully completes instruction in traffic accident 519 investigation and court presentation through the Selective 520 Traffic Enforcement Program as approved by the Criminal Justice 521 Standards and Training Commission and funded through the 522 National Highway Traffic Safety Administration or a similar 523 program approved by the commission, but who does not necessarily 524 meet the uniform minimum standards established by the commission 525 for law enforcement officers or auxiliary law enforcement 526 officers under chapter 943. Any such traffic accident 527 investigation officer who makes an investigation at the scene of 528 a traffic accident may issue traffic citations, based upon 529 personal investigation, when he or she has reasonable and 530 probable grounds to believe that a person who was involved in 531 the accident committed an offense under this chapter, chapter 532 319, chapter 320, or chapter 322 in connection with the 533 accident. This subparagraph does not permit the officer to carry 534 firearms or other weapons, and such an officer does not have 535 authority to make arrests. 536 (3)MUNICIPALITIES. 537 (a)The police department of each chartered municipality 538 shall enforce the traffic laws of this state on all the streets 539 and highways thereof and elsewhere throughout the municipality 540 wherever the public has the right to travel by motor vehicle, 541 including by the use of school bus infraction detection systems. 542 In addition, the police department may be required by a 543 municipality to enforce the traffic laws of this state on any 544 private or limited access road or roads over which the 545 municipality has jurisdiction pursuant to a written agreement 546 entered into under s. 316.006(2)(b). However, nothing in this 547 chapter shall affect any law, general, special, or otherwise, in 548 effect on January 1, 1972, relating to hot pursuit without the 549 boundaries of the municipality. 550 (5)(a)Any sheriffs department or police department of a 551 municipality may employ, as a traffic infraction enforcement 552 officer, any individual who successfully completes instruction 553 in traffic enforcement procedures and court presentation through 554 the Selective Traffic Enforcement Program as approved by the 555 Division of Criminal Justice Standards and Training of the 556 Department of Law Enforcement, or through a similar program, but 557 who does not necessarily otherwise meet the uniform minimum 558 standards established by the Criminal Justice Standards and 559 Training Commission for law enforcement officers or auxiliary 560 law enforcement officers under s. 943.13. Any such traffic 561 infraction enforcement officer who observes the commission of a 562 traffic infraction or, in the case of a parking infraction, who 563 observes an illegally parked vehicle may issue a traffic 564 citation for the infraction when, based upon personal 565 investigation, he or she has reasonable and probable grounds to 566 believe that an offense has been committed which constitutes a 567 noncriminal traffic infraction as defined in s. 318.14. In 568 addition, any such traffic infraction enforcement officer may 569 issue a traffic citation under ss. 316.0083, 316.173, and 570 316.1896. For purposes of enforcing ss. 316.0083, 316.173, 571 316.1895, and 316.183, any sheriffs department or police 572 department of a municipality may designate employees as traffic 573 infraction enforcement officers. The traffic infraction 574 enforcement officers must be physically located in the county of 575 the respective sheriffs or police department. 576 Section 4.Paragraph (c) of subsection (5) of section 577 318.18, Florida Statutes, is amended to read: 578 318.18Amount of penalties.The penalties required for a 579 noncriminal disposition pursuant to s. 318.14 or a criminal 580 offense listed in s. 318.17 are as follows: 581 (5) 582 (c)In addition to the penalty under paragraph (a) or 583 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 584 If the alleged offender is found to have committed the offense, 585 the court shall impose the civil penalty under paragraph (a) or 586 paragraph (b) plus an additional $65. The additional $65 587 collected under this paragraph shall be remitted to the 588 Department of Revenue for deposit into the Emergency Medical 589 Services Trust Fund of the Department of Health to be used as 590 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 591 (b) is enforced by a school bus infraction detection system 592 pursuant to s. 316.173, the additional amount imposed on a 593 notice of violation, on a the uniform traffic citation, or by 594 the court under this paragraph must be $25, in lieu of the 595 additional $65, and must be remitted to the participating school 596 district, charter school, or private school operating the school 597 bus with a school bus infraction detection system. Such amounts 598 must be used pursuant to s. 316.173(8). 599 Section 5.This act shall take effect upon becoming a law.