Florida 2024 2024 Regular Session

Florida Senate Bill S0994 Analysis / Analysis

Filed 01/29/2024

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Transportation  
 
BILL: SB 994 
INTRODUCER:  Senator Burgess 
SUBJECT:  Student Transportation Safety 
DATE: January 29, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Johnson Vickers TR Pre-meeting 
2.     ATD   
3.     FP  
 
I. Summary: 
SB 994 revises statutory provisions relating to the camera enforcement of traffic infractions 
related to passing of a stopped school bus. Specifically, the bill: 
 Authorizes charter schools and private schools to install and operate school bus infraction 
detector systems. 
 Removes a prohibition on receiving a commission of revenue from violations using a school 
bus infraction detection system. 
 Removes a prohibition of a private vendor receiving a fee or remuneration based upon the 
number of violations detected through the use of a school bus infraction detection system. 
 Authorizes charter schools and private schools to enter into interlocal agreements with law 
enforcement agencies to enforce school bus passing infractions. 
 Authorizes traffic infraction enforcement officers and certified school board security 
agencies to enforce school bus passing infractions detected by school bus infraction detector 
systems. 
 Revises required signage on school buses with infraction detection system. 
 Requires charter schools and private schools to conduct, prior to beginning enforcement, 
certain public awareness campaigns. 
 Authorizes school entities to establish, by resolution, certain hearing procedures. 
 Creates a process to contest a notice of violation through use of a local hearing officer and 
incorporates such officers into the statutory definition of “local hearing officer.” 
 Allocates civil penalties to the appropriate school district, charter school, or private school to 
pay for the program and other student transportation safety enhancements. 
 Provides that the collection of evidence from a school bus infraction detection system does 
not constitute remove surveillance. 
 Limits the use of video and images from the system to specified purposes. 
 Revises certain reporting requirements. 
REVISED:   BILL: SB 994   	Page 2 
 
 Authorizes school safety officers meeting specified requirements to enforce school bus traffic 
infractions. 
 Requires specified traffic penalties to be remitted to a school district, charter school, or 
private school. 
 
The bill takes effect upon becoming a law. 
II. Present Situation: 
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 Bus-Related Traffic Laws 
Pursuant to s. 316.172, F.S., a school bus must stop as far to the right of the street as possible and 
display warning lights and stop signals before discharging or loading passengers.
5
 When 
possible, school buses should not stop where visibility is obscured for a distance of 200 feet from 
the bus.
6
 
 
When approaching a stopped school bus displaying a stop signal, a driver must bring his or her 
vehicle to a full stop until the bus’s signal is withdrawn.
7
 However, a driver is not required to 
stop if his or her vehicle is traveling in the opposite direction of a stopped school bus on a 
divided highway with an unpaved space of at least five feet, a raised median, or a physical 
barrier.
8
 
 
A person cited for failing to stop for a school bus displaying a stop signal pursuant to s. 
316.172(1)(a), F.S., commits a moving violation and is subject to a $200 civil penalty.
9
 A person 
cited for a moving violation may either pay the civil penalty or request a hearing to contest the 
citation.
10
 Additionally, any person who is convicted, pleads nolo contendere, or is subject to the 
court withholding adjudication for such violation must attend a driver improvement course.
11
 
 
                                                
1
 Section 316.0076, F.S.; ch. 316, F.S., is the Florida Uniform Traffic Control Law. 
2
 Section  316.0083, F.S.. 
3
 Section 316.1896, F.S. 
4
 Section 316.173, F.S. 
5
 Section 316.172(3), F.S. 
6
 Id. 
7
 Section 316.172(1)(a), F.S. 
8
 Section 316.172(2), F.S. 
9
 In addition to this penalty, for a second or subsequent offense within a period of 5 years, DHSMV must suspend the driver 
license of the person for not less than 180 days and not more than 1 year. Section 318.18(5)(a), F.S. 
10
 Section 318.14, F.S. 
11
 Sections 322.0261(4)(a) and(c), F.S.  BILL: SB 994   	Page 3 
 
A driver who passes a school bus on the side that children enter and exit while the school bus 
displays a stop signal pursuant to s. 316.172(1)(b), F.S., also commits a moving violation; 
however, he or she is subject to a $400 civil penalty
12
 and must attend a mandatory hearing,
13
 
and attend a driver improvement course.
14
 
 
A driver who illegally passes a stopped school bus and: 
 Does not cause serious bodily injury or death to another, will receive four points on his or her 
driver license record.
15
 
 Causes serious bodily injury or death to another, will receive six points on his or her driver 
license record and must:
16
 
o Serve 120 community service hours in a trauma center or hospital that regularly receives 
victims of vehicle accidents; 
o Participate in a victim’s impact panel session; if such panel does not exist, the driver must 
attend a driver improvement course approved by the Department of Highway Safety and 
Motor Vehicles (DHSMV) relating to the rights of vulnerable road users relative to 
vehicles on the roadway;
17
 and 
o Pay a $1,500 fine and have his or her driver license suspended for at least one year.
18
 
 
When a driver accumulates a specified number of points on his or her driving record within a 
certain time period, his or her license is suspended, as follows: 
 12 points in 12 months – 30-day suspension. 
 18 points in 18 months – 3-month suspension. 
 24 points in 36 months – 12-month suspension.
19
 
 
School Bus Stop Arm Traffic Citations 
The Florida Department of Education created a statewide survey for bus drivers to complete 
regarding the illegal passing of their school buses. The 2023 survey showed that on a single day, 
11,224 illegal passes were made based on the observations of 8,432 school bus drivers who 
completed the survey. Of these illegal passes, 568 were made on the right side of the bus where 
children generally enter and exit the vehicle, and 10,660 were made on the left side.
20
 
 
School Bus Infraction Detection Systems 
In 2023, the Legislature authorized the use of school bus infraction detection systems to enforce 
traffic violations for passing a stopped school bus loading or unloading passengers.
21
 
                                                
12
 In addition to this penalty, for a second or subsequent offense within a period of 5 years, DHSMV must suspend the driver 
license of the person for not less than 360 days and not more than 2 years. Section. 318.18(5)(a), F.S. 
13
 Sections. 316.172(1)(b) and 318.19(3), F.S. 
14
 Sections 322.0261(4)(a) and (c), F.S. 
15
 Section 322.27(3)(d)4.a., F.S. 
16
 Section 322.27(3)(d)4.b., F.S. 
17
 Section 316.027(4)(b), F.S. 
18
 Section 318.18(5)(d), F.S. 
19
 Section 322.27(3), F.S. 
20
 Florida Department of Education, School Transportation, Illegal Passing of School Buses – Survey Results for 2023, 
https://www.fldoe.org/core/fileparse.php/7585/urlt/2023illegalpassing.pdf (last visited January 3, 2024). 
21
 CS/CS/SB 766; Chapter 2023-171, Laws of Fla.  BILL: SB 994   	Page 4 
 
 
That bill defined the term “school bus infraction detection system” to mean a camera system 
affixed to a school bus with two or more camera sensors or computers that produce a recorded 
video and two or more film or digital photographic still images for the purpose of documenting a 
motor vehicle being used or operated in a manner that allegedly violates s. 316.172(1)(a) or (b), 
F.S.
22
 
 
The 2023 law authorized school districts to contract with a private vendor or manufacturer to 
install a school bus infraction detection system on any school bus within its fleet, whether 
owned, contracted, or leased, and for services including, but not limited to, the installation, 
operation, and maintenance of the system. The school district's decision to install school bus 
infraction systems must be based solely on the need to increase public safety.
23
 
 
An individual may not receive a commission from any revenue collected from violations 
detected through the use of a school bus infraction detection system. A private vendor or 
manufacturer may not receive a fee or remuneration based upon the number of violations 
detected through the use of a school bus infraction detection system.
 24
 
 
School district must ensure that each school bus infraction detection system meets State Board of 
Education (SBE) specifications and must be tested at regular intervals according to specifications 
prescribed by SBE rule.
25
 Equipment acquired via an agreement entered into by a school district 
on or before December 31, 2023, is not required to meet SBE specifications until July, 1, 2024.
 26
 
 
Florida law provides that a school district that elects to install a school bus infraction detection 
system must enter into an interlocal agreement with one or more law enforcement agencies 
authorized to enforce traffic violations, within the school district. The interlocal agreement 
jointly establishes the responsibilities of enforcement and the reimbursement of costs associated 
with school bus infraction detection systems.
27
 
 
On any school bus in which a school bus infraction detection system is installed and operational, 
the school district must post high-visibility reflective signage on the rear of the school bus 
indicating the use of such system, which must contain the following elements in substantially the 
following form: 
 The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED 
LIGHTS FLASH.” 
 The words “CAMERA ENFORCED.” 
 A graphic depiction of a camera.
28
 
 
                                                
22
 Section 316.003(78), F.S. 
23
 Section 316.173(1)(b), F.S.  
24
 Id. 
25
 The State Board of Education’s rules are in Rule 6A-3.003, F.A.C. The SBE was required to establish such specifications, 
by rule, on or before December 31, 2023. 
26
 Section 316.173(1)(c) and (18), F.S.  
27
 Section 316.173(1)(d), F.S.  
28
 Section 316.173(2), F.S.   BILL: SB 994   	Page 5 
 
If a school district that has never conducted a school bus infraction detection system program 
begins such a program, the school district must make a public announcement and conduct a 
public awareness campaign for at least 30 days before beginning enforcement. The school 
district must notify the public of the specific date on which the program will begin and, during 
the 30-day public awareness campaign, only a warning may be issued for a violation that is 
enforced by a school bus infraction detection system, and a civil penalty may not be imposed.
29
 
 
Within 30 days after an alleged violation is recorded by a school bus infraction detection system, 
the school district or the private vendor or manufacturer with whom the school district has 
entered into a contract, must submit the following information to a law enforcement agency that 
has entered into an interlocal agreement with the school district and has traffic infraction 
enforcement jurisdiction at the location where the alleged violation occurred: 
 A copy of the recorded video and images showing the motor vehicle’s alleged violations;  
 The motor vehicle’s license plate number and the state of issuance of the motor vehicle’s 
license plate; and 
 The date, time, and location of the alleged violation.
30
 
 
Within 30 days after receiving the information required above, the law enforcement agency, if it 
determines that the motor vehicle violated the laws relating to traffic stopping for a school bus, 
must send notice of violation to the registered owner of the motor vehicle involved in the 
violation specifying the remedies available under s. 318.14, F.S.,
31
 and that the violator must pay 
the penalty under s. 318.18(5), F.S.,
32
 or furnish an affidavit within 30 days after the date the 
notice of violation is sent in order to avoid court fees, costs, and the issuance of a uniform traffic 
citation. The notice of violation must be sent by first-class mail and include all of the following: 
 A copy of one or more recorded images showing the motor vehicle involved in the violation, 
including an image showing the license plate of the motor vehicle; 
 The date, time, and location of the violation; 
 The amount of the civil penalty, the date by which the civil penalty must be paid, and 
instructions on how to pay the civil penalty; 
 Instructions on how to request a hearing to contest liability or the notice of violation; 
 A notice that the owner has the right to review, in person or remotely, the video and images 
recorded by the school bus infraction detection system which constitute a rebuttable 
presumption that the motor vehicle was used in violation of law; 
 The time when, and the place or website at which, the recorded video and images may be 
examined and observed; and 
 A warning that failure to pay the civil penalty or to contest liability within 30 days after the 
notice is mailed will result in the issuance of a uniform traffic citation.
33
 
 
                                                
29
 Section 316.173(3), F.S.  
30
 Section 316.173(4), F.S. 
31
 Section 318.14, F.S., provides procedures for noncriminal traffic infractions. 
32
 Section 318.18(5), F.S., provides a minimum penalty of $200 for a failure to stop for a school bus and a minimum penalty 
of $200 for passing a school bus on the side that children enter and exit if the violation is enforced by a school bus infraction 
detection system. In addition to these penalties, if the alleged offender is found to have committed the offense and it is 
enforced by a school bus infraction detection system, then the court must impose the civil penalty aforementioned plus an 
additional $25.  
33
 Section 316.173(5), F.S.   BILL: SB 994   	Page 6 
 
If the registered owner or co-owner of the motor vehicle; the person identified as having care, 
custody, or control of the motor vehicle at the time of the violation; or an authorized 
representative of the owner, co-owner, or identified person initiates a proceeding to challenge the 
violation, such person waives any challenge or dispute as to the delivery of the notice of 
violation.
34
 
 
The civil penalties assessed and collected for a violation enforced by a school bus infraction 
detection system are remitted to the school district in which the violation occurred. Such civil 
penalties must be used for the installation or maintenance of school bus infraction detection 
systems on school buses, for any other technology that increases the safety of the transportation 
of students, or for the administration and costs associated with the enforcement of violations.
35
 
 
If payment has not been made within 30 days after the notice of violation and if the registered 
owner has not submitted an affidavit supporting an exception, a uniform traffic citation must be 
issued, by certified mail, to the address of the registered owner of the motor vehicle involved in 
the violation.
36
 
 
Delivery of the uniform traffic citation constitutes notification of a violation. If the registered 
owner or co-owner of the motor vehicle; the person identified as having care, custody, or control 
of the motor vehicle at the time of the violation; or a duly authorized representative of the owner, 
co-owner, or identified person initiates a proceeding to challenge the citation, such person 
waives any challenge or dispute as to delivery of the uniform traffic citation.
37
 
 
In the case of joint ownership of a motor vehicle, the uniform traffic citation must be mailed to 
the first name appearing on the motor vehicle registration, unless the first name appearing on the 
registration is a business organization, in which case the second name appearing on the 
registration may be used.
38
 The uniform traffic citation mailed to the registered owner of the 
motor vehicle involved in the violation must be accompanied by information that was also 
included in the notice of violation.
39
 
 
The registered owner of the motor vehicle involved in the violation is responsible and liable for 
paying the uniform traffic citation issued for a violation of the laws relating to traffic stopping 
for a school bus, unless the owner can establish that: 
 The motor vehicle was, at the time of the violation, in the care, custody, or control of another 
person; 
 A uniform traffic citation was issued by a law enforcement officer to the driver of the motor 
vehicle for the alleged violation; or 
 The motor vehicle's owner was deceased on or before the date of the alleged violation.
40
 
                                                
34
 Section 316.173(6), F.S. 
35
 Section 316.173(7), F.S.  
36
 Section 316.173(8), F.S. 
37
 Id.  
38
 Id.  
39
 Id.  
40
 Section 316.173(9), F.S.   BILL: SB 994   	Page 7 
 
The statute also provides requirements for establishing the above facts and provides mechanism 
for citing another person who had care, custody, and control of the motor vehicle.
41
 
 
Florida law provides that the video and images by a school bus infraction detection system which 
are attached to or referenced in the traffic citation are evidence of a violation and are admissible 
in any proceeding. The recorded and video images raise a rebuttable presumption that the motor 
vehicle shown in the recorded and video images was used in violation of the laws relating to 
stopping for a school bus.
42
 Notwithstanding any other law, equipment deployed as part of a 
school bus infraction detection system may not be capable of automated or user-controlled 
remote surveillance.
43
  
 
Any recorded video or still image obtained through the use of a school bus infraction detection 
system must be destroyed within 90 days after the final disposition of the recorded event. The 
vendor providing the school bus infraction detection system must provide the school district with 
written notice by December 31 of each year that such records have been destroyed. Registered 
motor vehicle owner information obtained as a result of the operation of a school bus infraction 
detection system is not the property of the manufacturer or vendor of the system and may be 
used only for specified purposes.
44
 
 
To the extent practicable, a school bus infraction detection system may use necessary technology 
to ensure that personal identifying information contained in the video or still images recorded by 
the system which is not relevant to the alleged violation is sufficiently obscured so as not to 
reveal such personal identifying information. A notice of a violation or uniform traffic citation 
may not be dismissed solely because a recorded video or still images reveal personal identifying 
information as long as a reasonable effort has been made to comply with the privacy 
provisions.
45
 
 
By October 1, 2023, and quarterly thereafter, each school district, in consultation with the law 
enforcement agencies with which it has interlocal agreements, operating a school bus infraction 
detection system must submit a report to the Department of Highway Safety and Motor Vehicles 
(DHSMV) detailing the results of the school bus infraction detection systems in the school 
district in the preceding quarter. The information submitted by the school district musts be 
submitted in form and manner determined by DHSMV, and must include, the following: 
 The number of school buses that have a school bus infraction detection system installed, 
including the date of installation and, if applicable, the date the systems were removed. 
 The number of notices of violations issued and 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. 
 Data for each to determine the locations in need of safety improvements. 
 Any other statistical data and information DHSMV requires to complete its required report.
46
 
 
                                                
41
 See sections 316.173(10)-(13), F.S. 
42
 Section 316.173(14), F.S.  
43
 Section 316.173(16), F.S. 
44
 Id.  
45
 Id.  
46
 Section 316.173(17)(a), F.S.   BILL: SB 994   	Page 8 
 
By December 31, 2024, and annually thereafter, DHSMV must submit 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 school bus infraction detection systems along with DHSMV's 
recommendations and any recommended legislation. The summary report must include a review 
of the information submitted to DHSMV by the school districts and must describe the 
enhancement of traffic safety and enforcement programs.
47
 
III. Effect of Proposed Changes: 
The bill amends s. 316.173, F.S., relating to school bus infraction detection systems authorizing a 
charter school or private school to install and operate school bus infraction detection systems for 
the purpose of enforcing s. 316.172(1)(a) and (b), F.S. As with school districts, this decision 
must be based solely on the need to increase public safety. 
 
Prohibition on Commissions and Fee-Sharing 
The bill removes a prohibition on an individual receiving a commission from any revenue 
collected from violations detected through the use of a school bus infraction detection system.  
 
The bill also removes a prohibition on private vendor or manufacturer receiving fee or 
remuneration based upon the number of violations detected through the use of a school bus 
infraction detection system. 
 
Interlocal Agreements 
The bill authorizes, instead of requires, a school district, charter school, or private school to enter 
into an interlocal agreement with one or more law enforcement agencies authorized to enforce 
violations within the school district which jointly establishes responsibility and reimbursement of 
costs associated with school bus infraction detection systems. 
 
Traffic Infraction Enforcement Officers 
The bill authorizes traffic infraction enforcement officers and certified school board security 
agencies that employ law enforcement officers to enforce school bus passing infractions. 
 
Additionally, a school safety officer who successfully completes instruction in traffic 
enforcement procedures and court presentation may be authorized by a county, municipality, or 
applicable school entity as a traffic infraction enforcement officer and may issue notices of 
violation and uniform traffic citations under s. 316.173, F.S., within the county in which the 
school district, charter school, or private school is located. 
 
                                                
47
 Section 316.173(17)(c), F.S.   BILL: SB 994   	Page 9 
 
Notice of Violation and Local Hearing Officer Process 
For purposes of the school bus infraction detection systems, the bill defines a local hearing 
officer to mean a person that: 
 Is designated by a school district, charter school, or private school to issue traffic citations 
under laws relating to the school bus infraction system.  
 Is authorized to conduct hearings related to a notice of violation issued. 
 
The local hearing officer may: 
 Be an attorney in good standing with The Florida Bar for at least five years. 
 Serve in such office for one or more school entities, and such service does not constitute dual 
office holding.
48
 
 Be the local hearing officer of a county or municipality. 
 
The bill authorizes a notice of violation for a school bus passing infraction to be sent by an agent 
of law enforcement or by a traffic infraction enforcement officer. 
 
The bill allows, in lieu of hearings administered by a county traffic court, that the governing 
board of a school entity, by resolution, to establish the following hearing procedures: 
 DHSMV must publish and make available electronically to each school entity’s governing 
board a model request for hearing form.
49
 
 The school district, charter school, or private school must designate existing staff or a 
designated staff agent to serve as the clerk to the local hearing officer. 
 A petitioner who elects to request a hearing must be scheduled for a hearing by the clerk to 
the local hearing officer. The petitioner may appear before a local hearing officer in person or 
virtually, with notice to be sent by first-class mail. Upon receiving the notice, the petitioner 
may reschedule the hearing once by submitting a written request to reschedule to the clerk to 
the local hearing officer, at least five calendar days before the day of the originally scheduled 
hearing. The petitioner may, before the start of the hearing, cancel his or her appearance 
before the local hearing officer by paying the penalty assessed under s. 318.18, F.S.,
50
 plus 
$50 in administrative costs. 
 All testimony at the hearing must be under oath and recorded. The local hearing officer must 
take testimony from a traffic infraction enforcement officer, or law enforcement agency 
designee, and the petitioner, and may take testimony from others. The local hearing officer 
must review the video and images. Formal rules of evidence do not apply, but due process 
and the preponderance of evidence standard must be observed and govern the proceedings. 
 At the conclusion of the hearing, the local hearing officer must determine whether a violation 
has occurred, in which case the hearing officer must uphold or dismiss the violation. The 
local hearing officer must issue a final administrative order including the determination and, 
if the notice of violation is upheld, require the petitioner to pay the penalty previously 
assessed under s. 318.18, F.S., and may also require the petitioner to pay school entity costs, 
including local hearing officer and hearing administrative costs, not to exceed $250. The 
final administrative order shall be mailed to the petitioner by first-class mail. 
                                                
48
 Dual office holding is prohibited by s. 5(a), Art. II of the State Constitution. 
49
 The form must include the option for a petitioner to choose whether to attend the hearing in person or virtually. 
50
 Section 318.18, F.S., provides the penalties for various traffic infractions.  BILL: SB 994   	Page 10 
 
 Allow for an aggrieved party to appeal a final administrative order consistent with the 
process provided under s. 162.11, F.S.
51
 
 
School Bus Signage 
The bill revises requirements for signage posted on the rear of a school bus indicating use of a 
school bus infraction detection system by no longer requiring the signage to be reflective. 
 
Public Awareness Campaign 
The bill requires a charter school or private school to conduct a public awareness campaign for at 
least 30 days before commencing the program and notify the public the specific date that 
enforcement will commence. Only warnings may be issued during the public awareness 
campaign. The provision parallels the existing requirement for school districts. 
 
Civil Penalties 
The bill provides that the civil penalties assessed and collected via the enforcement of a school 
bus infraction detection system must be remitted to the school district in which the violation 
occurred or to the charter school or private school that reported the violation. 
 
The bill revises the use for civil penalties assessed and collected for a violation enforced by a 
school bus infraction detection system. Such penalties must be used for the installation, 
operation, or maintenance of school bus infraction detection systems on school buses, including 
student transportation safety initiatives, driver recruitment and retention stipends, or other 
student transportation safety enhancements, or for administration and costs associated with the 
enforcement of the violations.  
 
The bill clarifies that the $25 civil penalty provided in s. 318.18(5)(c), F.S., applies to a notice of 
violation. The bill provides that this fee must be remitted to the participating school district, 
charter school, or private school operating the school bus with a school bus infraction detection 
system. 
 
Use of Camera Footage 
The bill provides that a school bus infraction detection system may not be used for remote 
surveillance, and the collection of evidence by a school bus infraction detection system to 
enforce violations does not constitute remote surveillance. 
 
The bill provides that a school bus infraction detection system may only be used for traffic 
enforcement and for purposes of determining criminal or civil liability for incidents captured by 
the school bus infraction detection system incidental to the permissible use of the school bus 
infraction detection system.  
 
                                                
51
 Section 162.11, F.S. provides that an aggrieved party may appeal a final administrative order of an enforcement board to 
the circuit court. Such an appeal must not be a hearing de novo but must be limited to appellate review of the record created 
before the enforcement board. An appeal must be filed within 30 days of the execution of the order to be appealed.  BILL: SB 994   	Page 11 
 
Reporting Requirements 
The bill revises the quarterly report requirements due to DHSMV by: 
 Requiring that such report which details the results of the school bus infraction detection 
systems must be made by each school district, charter school, or private school, in 
consultation with the law enforcement agencies with which it has interlocal agreements or 
with designated traffic infraction enforcement officers. 
 Providing that DHSMV must make the acquired report information available to school 
districts by August 1, 2023, and to charter schools and private schools by August 1, 2024.  
 Amending the data requirements of the report to allow flexibility and no longer expressly 
mandating the data to include global positioning system coordinates of the infraction, the 
date and time of the infraction, and the name of the school that the school bus was 
transporting students to or from. 
 
Authority of Certain Police Departments to Use School Bus Infraction Detection Systems 
The bill provides that the authority of a police department of each chartered municipality to 
enforce traffic laws throughout the municipality includes the authority for such police 
department to use school bus infraction detection systems. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None.  BILL: SB 994   	Page 12 
 
B. Private Sector Impact: 
Private schools and charter schools that choose to install school bus infraction detection 
systems on their buses may see an increase in revenue, which must be used for specified 
purposes.  
 
Entities that install and operate school bus infraction detection systems may see an 
increase in revenues associated with the addition of additional school bus infraction 
detection system. 
C. Government Sector Impact: 
Indeterminate. To the extent that school entities elect to establish by resolution the new 
hearing procedures outlined in the bill, DHSMV will be required to provide such entities 
with a model request for hearing form, which may incur programming costs. 
Additionally, with the addition of charter schools and private schools, DHSMV may 
receive data from additional schools, which may have a negative fiscal impact on 
DHSMV related to creating the annual summary report.  
VI. Technical Deficiencies: 
The bill uses the term “school entity” in several places; however, this term is not defined. 
 
The bill uses the term “or its agent” to refer to an agent of the law enforcement agency. It is not 
clear as to who is the law enforcement agency’s agent. 
 
On lines 207-208, it is not clear what is meant by the term “law enforcement agency designee.” 
VII. Related Issues: 
The bill authorizes charter schools and private schools enter into interlocal agreements with law 
enforcement for the purposes of enforcing school bus passing infractions enforced with cameras. 
However, it appears that s. 163.01, F.S., authorizing interlocal agreements, contemplates public 
agencies,
52
 but not private entities, entering into interlocal agreements. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 316.003, 316.173, 
316.640, and 318.18. 
                                                
52
 Section 163.01(3)(b), F.S., defines the term “public agency” to man a political subdivision, agency, or officer of this state 
or of any state of the United States, including, but not limited to, state government, county, city, school district, single and 
multipurpose special district, single and multipurpose public authority, metropolitan or consolidated government, a separate 
legal entity or administrative entity created under s. 163.01(7), F.S., an independently elected county officer, any agency of 
the United States Government, a federally recognized Native American tribe, and any similar entity of any other state of the 
United States.  BILL: SB 994   	Page 13 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.