Florida Senate - 2024 SB 1464 By Senator Calatayud 38-01666-24 20241464__ 1 A bill to be entitled 2 An act relating to traffic enforcement; creating s. 3 316.0077, F.S.; providing that provisions exempting 4 the purchase of commodities or contractual services 5 from competitive bidding requirements do not apply to 6 contracts for certain camera systems; creating s. 7 316.0078, F.S.; prohibiting certain camera systems or 8 components thereof constructed by a Chinese 9 manufacturer from being used for traffic enforcement 10 in this state; amending s. 316.0083, F.S.; requiring a 11 county or municipality to enact an ordinance to 12 authorize placement or installation of traffic 13 infraction detectors; requiring the county or 14 municipality to consider certain evidence and make a 15 certain determination at a public hearing; requiring a 16 county or municipality to place a specified annual 17 report on the agenda of a regular or special meeting 18 of its governing body; requiring approval by the 19 governing body at a regular or special meeting before 20 contracting or renewing a contract to place or install 21 traffic infraction detectors; providing for public 22 comment; prohibiting such report, contract, or 23 contract renewal from being considered as part of a 24 consent agenda; providing requirements for a written 25 summary of such report; requiring counties and 26 municipalities to report to the department that their 27 respective annual report was considered at a certain 28 meeting and the date of such meeting; prohibiting 29 compliance with certain provisions from being raised 30 in a proceeding challenging a violation; providing for 31 suspension of a noncompliant county or municipality 32 from operating traffic infraction detectors until such 33 noncompliance is corrected; requiring the department 34 to publish certain reports on its website; providing 35 an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Section 316.0077, Florida Statutes, is created 40 to read: 41 316.0077Camera systems; competitive bidding.The 42 provisions of s. 287.057 which exempt the purchase of 43 commodities or contractual services from competitive bidding 44 requirements do not apply to contracts entered into with 45 manufacturers or vendors of school bus infraction detection 46 systems, speed detection systems, traffic infraction detectors, 47 or any other camera systems used for enforcing this chapter 48 which are regulated under s. 316.0076. 49 Section 2.Section 316.0078, Florida Statutes, is created 50 to read: 51 316.0078Use of camera systems constructed by Chinese 52 manufacturers prohibited.A school bus infraction detection 53 system, speed detection system, traffic infraction detector, or 54 any other camera system used for enforcing this chapter which is 55 regulated under s. 316.0076, or any component thereof, which is 56 constructed by a Chinese manufacturer or a domestic or 57 international manufacturer that uses materials imported from 58 China may not be used for traffic enforcement in this state. 59 Section 3.Subsection (4) of section 316.0083, Florida 60 Statutes, is amended to read: 61 316.0083Mark Wandall Traffic Safety Program; 62 administration; report. 63 (4)(a)1.A county or municipality shall enact an ordinance 64 in order to authorize the placement or installation of, or to 65 authorize contracting with a vendor for the placement or 66 installation of, one or more traffic infraction detectors to 67 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the 68 public hearing on such proposed ordinance, the county or 69 municipality shall consider traffic data or other evidence 70 supporting the installation and operation of each traffic 71 infraction detector, and the county or municipality must 72 determine that the intersection at which a traffic infraction 73 detector is to be placed or installed constitutes a heightened 74 safety risk that warrants additional enforcement measures. 75 2.A county or municipality that operates one or more 76 traffic infraction detectors shall annually report the results 77 of all traffic infraction detectors within the countys or 78 municipalitys jurisdiction as a single reporting item on the 79 agenda of a regular or special meeting of the countys or 80 municipalitys governing body. Before a county or municipality 81 contracts or renews a contract to place or install one or more 82 traffic infraction detectors, the county or municipality shall 83 approve the contract or contract renewal at a regular or special 84 meeting of the countys or municipalitys governing body. 85 a.Interested members of the public must be allowed to 86 comment regarding the report, contract, or contract renewal 87 under the countys or municipalitys public comment policies or 88 formats, and the report, contract, or contract renewal may not 89 be considered as part of a consent agenda. 90 b.The report required under this subparagraph must include 91 a written summary, which must be read aloud at the regular or 92 special meeting, and the summary must contain, for the preceding 93 year, the number of notices of violation issued, the number that 94 were contested, the number that were upheld, the number that 95 were dismissed, the number that were issued as uniform traffic 96 citations, and the number that were paid and how collected funds 97 were distributed and in what amounts. The county or municipality 98 shall report to the department that the countys or 99 municipalitys annual report was considered in accordance with 100 this paragraph, including the date of the regular or special 101 meeting at which the annual report was considered. 102 3.The compliance or sufficiency of compliance with this 103 paragraph may not be raised in a proceeding challenging a 104 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a 105 traffic infraction detector. 106 4.A county or municipality that does not comply with this 107 paragraph is suspended from operating traffic infraction 108 detectors under this subsection until such noncompliance is 109 corrected. 110 (b)(a)Each county or municipality that operates a traffic 111 infraction detector shall submit a report by October 1, 2012, 112 and annually thereafter, to the department which details the 113 results of using the traffic infraction detector and the 114 procedures for enforcement for the preceding state fiscal year. 115 The information submitted by the counties and municipalities 116 must include statistical data and information required by the 117 department to complete the summary report required under 118 paragraph (c) (b). The department must publish each report 119 submitted by a county or municipality pursuant to this paragraph 120 on its website. 121 (c)(b)On or before December 31, 2012, and annually 122 thereafter, the department shall provide a summary report to the 123 Governor, the President of the Senate, and the Speaker of the 124 House of Representatives regarding the use and operation of 125 traffic infraction detectors under this section, along with the 126 departments recommendations and any necessary legislation. The 127 summary report must include a review of the information 128 submitted to the department by the counties and municipalities 129 and must describe the enhancement of the traffic safety and 130 enforcement programs. 131 Section 4.This act shall take effect July 1, 2024.