Florida Senate - 2024 CS for SB 1464 By the Committee on Fiscal Policy; and Senator Calatayud 594-03818-24 20241464c1 1 A bill to be entitled 2 An act relating to traffic enforcement; creating s. 3 316.0077, F.S.; prohibiting contracts awarded by 4 certain entities outside this state from being used to 5 procure contracts with manufacturers or vendors of 6 camera systems used for traffic enforcement; providing 7 applicability; creating s. 316.0078, F.S.; defining 8 the terms controlling interest and foreign country 9 of concern; prohibiting a governmental entity from 10 knowingly entering into or renewing certain contracts 11 for camera systems used for traffic enforcement; 12 amending s. 316.0083, F.S.; requiring certain counties 13 or municipalities to enact an ordinance to authorize 14 placement or installation of traffic infraction 15 detectors; requiring the county or municipality to 16 consider certain evidence and make a certain 17 determination at a public hearing on such ordinance; 18 requiring a county or municipality to annually report 19 to the department the results of all traffic 20 infraction detectors and place a specified annual 21 report on the agenda of a regular or special meeting 22 of its governing body; requiring approval by the 23 governing body at a regular or special meeting before 24 contracting or renewing a contract to place or install 25 traffic infraction detectors; providing for public 26 comment; prohibiting such report, contract, or 27 contract renewal from being considered as part of a 28 consent agenda; providing requirements for a written 29 summary of such report; prohibiting compliance with 30 certain provisions from being raised in a proceeding 31 challenging a violation; providing for suspension of a 32 noncompliant county or municipality from operating 33 traffic infraction detectors until such noncompliance 34 is corrected; providing requirements for reports 35 submitted to the department by counties and 36 municipalities regarding use of and enforcement by 37 traffic infraction detectors; requiring the department 38 to publish certain reports on its website; providing 39 an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1.Section 316.0077, Florida Statutes, is created 44 to read: 45 316.0077Camera systems; contract procurement.A contract 46 awarded by a governmental entity outside this state or by a 47 consortium or cooperative of governmental entities outside this 48 state may not be used to procure contracts with manufacturers or 49 vendors of school bus infraction detection systems, speed 50 detection systems, traffic infraction detectors, or any other 51 camera systems used for enforcing this chapter. This section 52 applies to contracts entered into on or after July 1, 2025. 53 Section 2.Section 316.0078, Florida Statutes, is created 54 to read: 55 316.0078Prohibition on contracting for camera systems of 56 vendors of foreign countries of concern. 57 (1)As used in this section, the terms controlling 58 interest and foreign country of concern have the same 59 meanings as in s. 287.138(1). 60 (2)On or after July 1, 2025, a governmental entity may not 61 knowingly enter into or renew a contract with a contracting 62 vendor of a school bus infraction detection system, speed 63 detection system, traffic infraction detector, or any other 64 camera system used for enforcing this chapter which is subject 65 to s. 316.0076 if: 66 (a)The contracting vendor is owned by the government of a 67 foreign country of concern; or 68 (b)The government of a foreign country of concern has a 69 controlling interest in the contracting vendor. 70 Section 3.Subsection (4) of section 316.0083, Florida 71 Statutes, is amended to read: 72 316.0083Mark Wandall Traffic Safety Program; 73 administration; report. 74 (4)(a)1.A county or municipality that desires to have one 75 or more traffic infraction detectors placed or installed on or 76 after July 1, 2025, in an area where no traffic infraction 77 detectors are currently placed or installed must enact an 78 ordinance in order to authorize the placement or installation 79 of, or to authorize contracting with a vendor for the placement 80 or installation of, one or more traffic infraction detectors to 81 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the 82 public hearing on such proposed ordinance, the county or 83 municipality must consider traffic data or other evidence 84 supporting the installation and operation of each traffic 85 infraction detector, and the county or municipality must 86 determine whether the intersection at which a traffic infraction 87 detector is to be placed or installed constitutes a heightened 88 safety risk that warrants additional enforcement measures. 89 2.A county or municipality that operates one or more 90 traffic infraction detectors shall annually report the results 91 of all traffic infraction detectors within the countys or 92 municipalitys jurisdiction by placing the annual report to the 93 department required under paragraph (b) as a single reporting 94 item on the agenda of a regular or special meeting of the 95 countys or municipalitys governing body. Before a county or 96 municipality contracts or renews a contract to place or install 97 one or more traffic infraction detectors, the county or 98 municipality must approve the contract or contract renewal at a 99 regular or special meeting of the countys or municipalitys 100 governing body. 101 a.Interested members of the public must be allowed to 102 comment regarding the report, contract, or contract renewal 103 under the countys or municipalitys public comment policies or 104 formats, and the report, contract, or contract renewal may not 105 be considered as part of a consent agenda. 106 b.The report required under this subparagraph must include 107 a written summary, which must be read aloud at the regular or 108 special meeting, and the summary must contain, for the same time 109 period pertaining to the annual report to the department 110 required under paragraph (b), the number of notices of violation 111 issued, the number that were contested, the number that were 112 upheld, the number that were dismissed, the number that were 113 issued as uniform traffic citations, and the number that were 114 paid and how collected funds were distributed and in what 115 amounts. The county or municipality shall report to the 116 department that the countys or municipalitys annual report was 117 considered in accordance with this subparagraph, including the 118 date of the regular or special meeting at which the annual 119 report was considered. 120 3.The compliance or sufficiency of compliance with this 121 paragraph may not be raised in a proceeding challenging a 122 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a 123 traffic infraction detector. 124 4.A county or municipality that does not comply with this 125 paragraph is suspended from operating traffic infraction 126 detectors under this subsection until such noncompliance is 127 corrected. 128 (b)(a)Each county or municipality that operates a traffic 129 infraction detector shall submit a report by October 1, 2012, 130 and annually thereafter, to the department which details the 131 results of using the traffic infraction detector and the 132 procedures for enforcement for the preceding state fiscal year. 133 The information submitted by the counties and municipalities 134 must include: 135 1.The number of notices of violation issued, the number 136 that were contested, the number that were upheld, the number 137 that were dismissed, the number that were issued as uniform 138 traffic citations, the number that were paid, and the number in 139 each of the preceding categories for which the notice of 140 violation was issued for a right-hand turn violation. 141 2.A description of alternative safety countermeasures 142 taken before and after the placement or installation of a 143 traffic infraction detector. 144 3.Statistical data and information required by the 145 department to complete the summary report required under 146 paragraph (c) (b). 147 148 The department must publish each report submitted by a county or 149 municipality pursuant to this paragraph on its website. 150 (c)(b)On or before December 31, 2012, and annually 151 thereafter, the department shall provide a summary report to the 152 Governor, the President of the Senate, and the Speaker of the 153 House of Representatives regarding the use and operation of 154 traffic infraction detectors under this section, along with the 155 departments recommendations and any necessary legislation. The 156 summary report must include a review of the information 157 submitted to the department by the counties and municipalities 158 and must describe the enhancement of the traffic safety and 159 enforcement programs. 160 Section 4.This act shall take effect July 1, 2024.