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 Fiscal Policy
BILL: CS/SB 1464
INTRODUCER: Fiscal Policy Committee and Senator Calatayud
SUBJECT: Traffic Enforcement
DATE: February 28, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Favorable
2. Wells Jerrett ATD Favorable
3. Johnson Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/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 installed on or after July 1, 2025.
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.
REVISED: BILL: CS/SB 1464 Page 2
The bill requires municipalities and counties operating traffic infraction detectors to report
specified information to the Department of Highway Safety and Motor Vehicles (DHSMV).
DHSMV must publish each of these reports on its website.
The bill prohibits counties or municipalities to use a contract procured with an governmental
entity outside this state for any camera system used to detect traffic infractions.
The bill prohibits a governmental entity from knowingly entering into ore renewing a contract
for a camera to enforce traffic infractions where the contracting vendor is owned by the
government of a foreign country of concern or a foreign country of concern has a controlling
interest in the contracting vendor.
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. See Section V, Fiscal Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
Camera Systems – Foreign Countries of Concern
Section 287.138, F.S., prohibits governmental entities
1
for contracting with entities of foreign
countries of concern. That statute 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.
2
That statute defines the term “controlling interest” to mean possession of the power to direct or
cause the direction of the management or policies of a company, whether through ownership of
securities, by contract, or otherwise. A person or entity that directly or indirectly has the right to
vote 25 percent or more of the voting interests of the company or is entitled to 25 percent or
more of its profits is presumed to possess a controlling interest.
3
Under s. 287.138, F.S., beginning January 1, 2024, a governmental entity 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
1
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.
2
Section 287.138(1)(c), F.S.
3
Section 287.138(1)(a), F.S. BILL: CS/SB 1464 Page 3
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.
4
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
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.
5
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.
6
The only cameras currently authorized to enforce traffic
laws are traffic infraction detectors (commonly known as red light cameras),
7
speed detection
systems used to enforce school zone speed limits for violations in excess of 10 miles per hour
over the speed limit,
8
and school bus infraction detection systems.
9
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.
10
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.
11
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.
12
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.
13
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
4
Section 287.138(4)(a), F.S.
5
Section 287.138(4)(b), F.S.
6
Section 316.0076, F.S. Ch. 316, F.S., is the Florida Uniform Traffic Control Law.
7
Section 316.0083, F.S., relating to the Mark Wandall Traffic Safety Program.
8
Section 316.1896, F.S.
9
Section 316.173, F.S.
10
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.
11
Id.
12
Section 316.0776(3)(c), F.S.
13
Id. BILL: CS/SB 1464 Page 4
policies or formats, and the report, contract, or contract renewal may not be considered as
part of a consent agenda.
14
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
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.
15
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.
16
The statutes authorizing traffic infraction detectors,
17
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.
18
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
the DHSMV is required to compile.
19
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 the
DHSMV’s recommendations and any necessary legislation.
20
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.
21
14
Section 316.0776(3)(c)1., F.S.
15
Section 316.0776(3)(c)2., F.S.
16
Section 316.0776(3)(c)3., F.S
17
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.
18
Section 316.0083(4)(a), F.S.
19
Id.
20
Section 316.0083(4)(b), F.S.
21
Id. BILL: CS/SB 1464 Page 5
III. Effect of Proposed Changes:
Camera Systems – Contract Procurement
The bill provides that a contract awarded by a governmental entity outside this state or by a
consortium or cooperative of governmental entities outside this state may not be used to procure
contracts with manufacturers or vendors of school bus infraction detection systems
22
, speed
detection systems, traffic infraction detectors, or any other camera system used for enforcing
Florida’s Uniform Traffic Control Law. This provision applies to contracts entered into after July
1, 2025.
Prohibition on Contracting for Camera System Vendors of Foreign Countries of Concern
The bill defines the term “controlling interest” and “foreign country of concern” to have the
same meaning as in s. 287.138(1), F.S.
The bill provides that on or after July 1, 2025, a governmental entity may not knowingly enter
into or renew a contract with a contracting vendor of a school bus infraction detection system,
speed detection system, traffic infraction detector, or any other camera system used to detect
traffic violations if:
The contracting vendor is owned by the government of a foreign country of concern; or
The government of a foreign country of concern has a controlling interest in the contracting
vendor.
Traffic Infraction Detectors - Transparency and Reporting
The bill requires a county or municipality that desires to have one or more traffic infraction
detectors placed or installed after July 1, 2025, in an area where no traffic infraction detectors are
currently placed or installed 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 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 traffic infraction detector, 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 within the county’s or municipality’s
jurisdiction by placing its annual report on red light cameras 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.
22
Section 316.003(78), F.S., defines 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. BILL: CS/SB 1464 Page 6
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, which must be read aloud at the regular or
special meeting, and the summary must contain, for the same time period pertaining to the
annual report to DHSMV, 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 municipalities and counties to annually submit to DHSMV:
The number of notices of violation issues, the number that were contested, the number that
were upheld, the number that were dismissed, the number that were issued as uniform traffic
citations, the number that were paid, and the number in each of the preceding categories for
which the notice of violation was issued for a right-hand turn violation.
A description of alternative safety countermeasures taken before and after the placement or
installation of a red light camera.
Statistical data and information required by DHSMV to complete its summary report.
The bill requires DHSMV to each report it receives regarding traffic infraction detectors
submitted by a county or municipality on its website.
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. BILL: CS/SB 1464 Page 7
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 the
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.
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 Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Fiscal Policy on February 27, 2024:
The committee substitute: BILL: CS/SB 1464 Page 8
Amends provisions relating to procurement of contracts with manufacturers or
vendors of traffic enforcement camera systems.
Provides a prohibition on contracting for traffic enforcement camera systems with
vendors of foreign countries of concern.
Amends the requirement that a county or municipality enact an ordinance to authorize
placement or installation of red light cameras by applying this requirement only to a
county or municipality that desires to install or place such cameras on or after July 1,
2025, in an area where no red light cameras are currently placed or installed.
Makes technical and clarifying changes to the reporting requirements for red light
cameras.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.