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 1464
INTRODUCER: Senator Calatayud
SUBJECT: Traffic Enforcement
DATE: February 6, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Favorable
2. ATD
3. FP
I. Summary:
SB 1464 creates additional requirements governing the installation and use of traffic infraction
detectors, commonly known as red light cameras. Specifically, the bill provides:
A county or municipality 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.
A county or municipality operating 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 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.
The bill provides requirements for the public hearing on a proposed ordinance and the annual
reporting relating to traffic infraction detectors.
The compliance or sufficiency of compliance with the above 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 reporting requirements are suspended from operating traffic infraction detectors until
such noncompliance is corrected.
The bill requires DHSMV to publish each traffic infraction detector report submitted by a county
or municipality on its website.
The bill also adds parameters around the use of all cameras for traffic enforcement such that
contracts must be competitively bid, and a camera or camera component which is constructed by
a Chinese manufacturer or a domestic or international manufacturer that uses materials imported
from China may not be used for traffic enforcement in Florida.
REVISED: BILL: SB 1464 Page 2
The bill will have an indeterminate, but likely insignificant, fiscal impact on the state. The bill
will have an indeterminate negative fiscal impact on local governments that use cameras to
enforce certain traffic infractions.
The bill takes effect July 1, 2024.
II. Present Situation:
Procurement of Commodities and Contractual Services
Section 287.057, F.S., and Rule 60A, F.A.C., require agencies
1
to acquire commodities and
contractual services, in excess of $35,000, by competitive sealed bids, request for proposals or by
competitive negotiations, unless specifically exempted.
2
Specific exemptions include, but are not
limited to, when is an immediate danger to public health safety and welfare, commodities and
contractual services only available from a single source, and certain Department of
Transportation contracts.
3
Chinese Manufacturers of Traffic Cameras
Section 287.138, F.S., prohibits governmental entities for contracting with entities of foreign
countries of concern. The People’s Republic of China is listed as a foreign county of concern.
4
Under s. 287.138, F.S., beginning January 1, 2024, a governmental entity
5
may not accept a bid
on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the
entity access to personal identifying information unless the entity provides the governmental
entity with a signed affidavit. The affidavit must provide that the entity is not owned by the
government of a foreign country of concern, is not owned by a foreign country of concern, and is
not organized under the laws of or is headquartered in a foreign country of concern.
6
Beginning July 1, 2025, a governmental entity may not extend or renew a contract with a foreign
country of concern entity if continuing such a contract would grant the entity access to personal
1
For purposes of ch. 287, F.S., the term “agency” is defined to mean any of the various state officers, departments, boards,
commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive
branch of state government. “Agency” does not include the university and college boards of trustees or the state universities
and colleges. See s. 287.012(1), F.S.
2
Florida Department of Transportation (FDOT), Doing Business with FDOT,
https://www.fdot.gov/procurement/doingbusiness.shtm (last visited January 25, 2024).
3
Section 287.057(3), F.S.
4
Section 287.138(1)(c),F.S., defines the term “foreign country of concern” 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.
5
Section 287.138(1)(d), F.S., defines the term “governmental entity” for purposes of s. 287.138, F.S., any state, county,
district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of
government created or established by law including, but not limited to, the Commission on Ethics, the Public Service
Commission, the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or
business entity acting on behalf of any public agency.
6
Section 287.135(4)(a), F.S. BILL: SB 1464 Page 3
identifying information. An entity extending or renewing a contract with a governmental entity
must provide a sworn affidavit that the entity is not owned by the government of a foreign
country of concern, is not owned by a foreign country of concern, and is not organized under the
laws of or is headquartered in a foreign country of concern.
7
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.
8
The only cameras currently authorized to enforce traffic
laws are traffic infraction detectors (commonly known as red light cameras),
9
speed detection
systems used to enforce school zone speed limits for violations in excess of 10 miles per hour
over the speed limit,
10
and school bus infraction detection systems.
11
The law authorizing speed detection systems is school zones, in its relevant parts:
Requires a county or municipality to enact an ordinance in order to authorize the placement
or installation of a speed detection system.
12
As part of its public hearing on the 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.
13
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.
14
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.
15
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.
16
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 time 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, the
7
Section 287.138(4)(b), F.S.
8
Section 316.0076, F.S. Ch. 316, F.S., is the Florida Uniform Traffic Control Law.
9
Section 316.0083, F.S., relating to the Mark Wandall Traffic Safety Program.
10
Section 316.1896, F.S.
11
Section 316.173, F.S.
12
Section 316.008(9)(c), F.S. Section 316.003(83), F.S., defines the term “speed detection system” to mean a portable or
fixed automated system used to detect a motor vehicle's speed using radar or LiDAR and to capture a photograph or video of
the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation.
13
Id.
14
Section 316.0776(3)(c), F.S.
15
Id.
16
Section 316.0776(3)(c)1., F.S. BILL: SB 1464 Page 4
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.
17
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.
18
The statutes authorizing traffic infraction detectors,
19
in its relevant parts, includes the following:
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.
20
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.
21
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.
22
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.
23
III. Effect of Proposed Changes:
Camera Systems – Competitive Bidding
The bill provides that the provisions of s. 287.057, F.S., which exempt the purchase of
commodities or contractual services from competitive bidding requirements, does not apply to
contracts entered into with manufacturers or vendors of school bus infraction detection systems,
speed detection systems, traffic infraction detectors, or any other camera system used for
Florida’s Uniform Traffic Control Law which are regulated under s. 316.0076, F.S., relating to
the regulation and use of cameras.
17
Section 316.0776(3)(c)2., F.S.
18
Section 316.0776(3)(c)3., F.S
19
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.
20
Section 316.0083(4)(a), F.S.
21
Id.
22
Section 316.0083(4)(b), F.S.
23
Id. BILL: SB 1464 Page 5
Use of Camera Systems Constructed by Chinese Manufacturers
The bill provides that a school bus infraction detection system, speed detection system, traffic
infraction detector or any other camera system used for enforcing Florida’s Uniform Traffic
Control Law, which is constructed by a Chinese manufacturer or a domestic or international
manufacturer that uses materials from China may not be used for traffic enforcement in this state.
Traffic Infraction Detectors - Transparency and Reporting
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 red light cameras. As part of its public hearing on such proposed
ordinance, the county or municipality must consider traffic data or other evidence supporting the
installation and operation of each red light camera, and the county or municipality must
determine that the intersection at which the traffic infraction detector is to be placed or installed
constitutes a heighted 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 with 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 regular or special meeting of the county’s or
municipality’s governing body.
At the meeting, 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 required report must include a written summary, and the summary must contain, for the
preceding year, the number of notices of violation issued, the number that were consisted, 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 the 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 in accordance with this provision,
including the date of the regular or special meeting at which the annual report was considered.
The compliance or sufficiency of compliance with the provisions above may not be raised in a
proceeding challenging a violation enforced by a traffic infraction detector.
A county or municipality that does not comply with the above, is suspended from operating
traffic infraction detectors until it corrects such noncompliance.
The bill requires DHSMV to post each report it receives regarding traffic infraction detectors
submitted by a municipality or county on its website.
BILL: SB 1464 Page 6
The bill takes effect July 1, 2024.
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.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have an indeterminate, but likely insignificant, negative fiscal impact to
DHSMV to publish on its website each report on traffic infraction detectors submitted by
a county or municipality.
The bill may have an indeterminate negative fiscal impact on counties and municipalities
choosing to deploy traffic infraction detectors due to additional requirements and costs
associated with the bill.
VI. Technical Deficiencies:
None. BILL: SB 1464 Page 7
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 316.0083 of the Florida Statutes.
This bill creates the following sections of the Florida Statutes: 316.0077 and 316.0078.
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.