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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to traffic infraction enforcement; 2
amending s. 316.003, F.S.; revising the definition of 3
the term "local hearing officer"; defining the term 4
"railroad traffic infraction detector"; amending s. 5
316.008, F.S.; authorizing a county or municipa lity to 6
enforce the applicable law at a railroad -highway grade 7
crossing; authorizing a county or municipality to 8
install, or contract with a vendor to install, a 9
railroad traffic infraction detector at a railroad -10
highway grade crossing under certain circum stances; 11
requiring a county or municipality to enact an 12
ordinance to authorize placement or installation of a 13
railroad traffic infraction detector; requiring the 14
county or municipality to consider certain evidence 15
and make a certain determination at a publ ic hearing; 16
amending s. 316.0776, F.S.; authorizing railroad 17
traffic infraction detectors on railroad -highway grade 18
crossings under certain circumstances; requiring 19
certain notice to the public upon installation of a 20
railroad traffic infraction detector; p roviding 21
signage requirements; specifying locations where 22
railroad traffic infraction detectors may be 23
installed; requiring the Department of Transportation 24
to establish certain specifications by a specified 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
date; amending s. 316.640, F.S.; authorizing the 26
department to designate employees as traffic 27
infraction enforcement officers for a specified 28
purpose; amending s. 318.18, F.S.; providing a civil 29
penalty for a speed limit violation in a work zone 30
area; providing for distribution thereof; providing 31
conditions under which a case may be dismissed; 32
amending s. 318.21; conforming cross -references; 33
creating s. 335.21; defining the term "work zone 34
area"; authorizing the department to enforce the speed 35
limit in a work zone area through the use of a speed 36
detection system; authorizing the department to 37
install, or contract with a vendor to install, a speed 38
detection system in a work zone area; requiring the 39
department to establish certain specifications by a 40
specified date; requiring certain notice to the public 41
upon installation of a speed detection system; 42
providing signage requirements; requiring the 43
department to maintain a certain website; requiring 44
the department to conduct a public awareness campaign 45
before commencing enforcement using the speed 46
detection system; limiting penalties in effect during 47
the public awareness campaign; creating s. 335.211; 48
authorizing the department to authorize a traffic 49
infraction enforcement officer to issue uniform 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
traffic citations for certain violations; providing 51
construction; providing notice requirements and 52
procedures; authorizing a person who receives a notice 53
of violation to request a hearing within a specified 54
timeframe; defining the term "person"; providing for 55
waiver of challenge or dispute as to the delivery of 56
the notice of violation; requiring the Department of 57
Transportation to remit certain funds to the 58
Department of Revenue; providing for the distribution 59
of funds; providing requirements for issuance of a 60
uniform traffic citation; providing for waiver of 61
challenge or dispute as to the delivery of the uniform 62
traffic citation; providing notice requirements and 63
procedures; specifying that the registered owner of a 64
motor vehicle is responsible and liable for paying a 65
uniform traffic citation; providing exceptions; 66
requiring an owner of a motor vehicle to furnish an 67
affidavit under certain circumstances; specifying 68
requirements for such affidavit and procedures 69
relating thereto; providing a criminal penalty for 70
submitting a false affidavit; providing that certain 71
photographs or video and evidence of speed are 72
admissible in certain proceedings; providing a 73
rebuttable presumption; providing construction; 74
providing requirements and procedures for hearings; 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prohibiting the use of a speed detection system for 76
remote surveillance; providing construction; 77
specifying requirements of and prohibitions on the use 78
of recorded video and photographs captured by a speed 79
detection system; requiring the Department of 80
Transportation to submit an annual report to the 81
Governor and Legislature ; requiring the department to 82
consult with the Department of Highway Safety and 83
Motor Vehicles regarding legislative recommendations; 84
creating s. 335.212, F.S.; providing definitions; 85
providing for the admissibility of certain evidence in 86
certain proceedings; providing self-test requirements 87
for speed detection systems; requiring the Department 88
of Transportation to maintain a log of results of the 89
system's self-tests and to perform independent 90
calibration tests of such systems; creating part IV of 91
ch. 348, F.S., entitled "Speed Detection Systems"; 92
creating s. 348.801, F.S.; defining the term "work 93
zone area"; authorizing an expressway authority or 94
bridge authority to enforce the posted speed limit in 95
a work zone area through the use of a speed detection 96
system; requiring such authority to enter into an 97
agreement with the department or use a certain 98
department contract to install a speed detection 99
system; amending s. 351.03, F.S.; authorizing a county 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or municipality to use railroad traffic infraction 101
detectors at railroad-highway grade crossings; 102
creating s. 351.351, F.S.; defining the term "railroad 103
traffic infraction detector"; authorizing the 104
department, a county, or a municipality to enforce 105
safety measures on a railroad -highway grade crossing 106
through the use of a railroad traffic infraction 107
detector; authorizing the department, a county, or a 108
municipality to install, or contract with a vendor to 109
install, a railroad traffic infraction detector at a 110
railroad-highway grade crossing; authorizing the 111
department, a county, or a municipality to authorize a 112
traffic infraction enforcement officer to issue 113
uniform traffic citations for certain violations; 114
providing notice requirements and procedures; 115
authorizing a person who receives a notice of 116
violation to request a hearing within a specified 117
timeframe; defining the term "person"; providing for 118
waiver of challenge or dispute as to the delivery of 119
the notice of violation; providing affidavit 120
requirements if a motor vehicle owner issued a traffic 121
citation is deceased; requiring dismissal of the 122
citation under certain circumstances; providing for 123
the person designated as having care, custody, or 124
control of a motor vehicle at the time of a specified 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation to be issued a notice of violation upon 126
receipt of an affidavi t; providing for admissibility 127
of the affidavit in a certain proceeding; providing 128
that the owner of a leased vehicle is not responsible 129
for paying a traffic citation under certain 130
circumstances; providing a criminal penalty for 131
submitting a false affidavi t; providing that certain 132
photographs or video and evidence of speed are 133
admissible in certain proceedings; providing a 134
rebuttable presumption; requiring certain penalties to 135
be paid, and a summary detail of such penalties to be 136
reported, to the Department of Revenue weekly; 137
providing for the distribution of funds; prohibiting 138
an individual from receiving a commission from revenue 139
collected from violations detected through the use of 140
a railroad traffic infraction detector; prohibiting a 141
manufacturer or vend or from receiving a fee or 142
remuneration based on the number of violations 143
detected using a railroad traffic infraction detector; 144
amending ss. 316.306 and 655.960, F.S.; conforming 145
cross-references; providing an effective date. 146
147
Be It Enacted by the Leg islature of the State of Florida: 148
149
Section 1. Subsections (69) through (112) of section 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
316.003, Florida Statutes, are renumbered as subsections (70) 151
through (113), respectively, subsections (38) and (65) are 152
amended, and a new subsection (69) is added to that section, to 153
read: 154
316.003 Definitions. —The following words and phrases, when 155
used in this chapter, shall have the meanings respectively 156
ascribed to them in this section, except where the context 157
otherwise requires: 158
(38) LOCAL HEARING OFFICER. —The person, designated by a 159
department, county, or municipality that elects to authorize 160
traffic infraction enforcement officers to issue traffic 161
citations under ss. 316.0083(1)(a) , and 316.1896(1), and 162
335.211(1), who is authorized to conduct hearings rel ated to a 163
notice of violation issued pursuant to s. 316.0083 , or s. 164
316.1896, or s. 335.211. The charter county, noncharter county, 165
or municipality may use its currently appointed code enforcement 166
board or special magistrate to serve as the local hearing 167
officer. The department may enter into an interlocal agreement 168
to use the local hearing officer of a county or municipality. 169
(65) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 170
provided in paragraph (91)(b) (90)(b), any privately owned way 171
or place used for vehicular travel by the owner and those having 172
express or implied permission from the owner, but not by other 173
persons. 174
(69) RAILROAD TRAFFIC INFRACTION DETECTOR. —A portable or 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fixed automatic system used to detect a motor vehicle's action 176
using radar or LiDAR and to capture a photograph or video of the 177
rear of a motor vehicle that maneuvers around crossing arms or 178
stops on a railroad-highway grade crossing at the time of 179
violation. 180
Section 2. Subsection (10) is added to section 316.008, 181
Florida Statutes, to read: 182
316.008 Powers of local authorities. — 183
(10)(a) A county or municipality may enforce the 184
applicable law at a railroad -highway grade crossing. 185
(b) A county or municipality may place or install, or 186
contract with a vendor to place or instal l, a railroad traffic 187
infraction detector at a railroad -highway grade crossing that is 188
on railroad property, or on a roadway adjacent to such crossing, 189
with the railroad owner's consent. 190
(c)1. A county or municipality must enact an ordinance 191
authorizing the placement or installation of a railroad traffic 192
infraction detector as authorized by this subsection. 193
2. Before enacting such an ordinance, the county or 194
municipality must hold a public hearing on the proposed 195
ordinance. As part of the public hearing , the county or 196
municipality must: 197
a. Consider traffic data or other evidence supporting the 198
installation and operation of each proposed railroad traffic 199
infraction detector. 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
b. Determine that the railroad -highway grade crossing 201
constitutes a heightened safety risk and warrants additional 202
enforcement through installation of a railroad traffic 203
infraction detector. 204
Section 3. Subsections (1) and (2) of section 316.0776, 205
Florida Statutes, are amended, and subsection (4) is added to 206
that section, to read: 207
316.0776 Traffic infraction detectors; speed detection 208
systems; placement and installation. — 209
(1) Traffic infraction detectors are allowed on state 210
roads when permitted by the Department of Transportation and 211
under placement and installation specifications developed by the 212
Department of Transportation. Traffic infraction detectors are 213
allowed on streets and highways under the jurisdiction of 214
counties or municipalities in accordance with placement and 215
installation specifications developed by t he Department of 216
Transportation. Railroad traffic infraction detectors are 217
allowed on railroad-highway grade crossings, or on roadways 218
adjacent thereto, with the consent of the railroad owner. 219
(2)(a) If the department, county, or municipality installs 220
a traffic infraction detector at an intersection, the 221
department, county, or municipality shall notify the public that 222
a traffic infraction device may be in use at that intersection 223
and must specifically include notification of camera enforcement 224
of violations concerning right turns. Such signage used to 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
notify the public must meet the specifications for uniform 226
signals and devices adopted by the Department of Transportation 227
pursuant to s. 316.0745. 228
(b) If the department, county, or municipality begins a 229
traffic infraction detector program in a county or municipality 230
that has never conducted such a program, the respective 231
department, county, or municipality shall also make a public 232
announcement and conduct a public awareness campaign of the 233
proposed use of traffic infraction detectors at least 30 days 234
before commencing the enforcement program. 235
(c) If the department, county, or municipality installs a 236
railroad traffic infraction detector at a railroad -highway grade 237
crossing or on a roadway adjacent thereto, the department, 238
county, or municipality shall notify the public that a traffic 239
infraction device may be in use at the railroad -highway grade 240
crossing or roadway and must specifically include notification 241
of camera enforcement of maneuvers around crossing a rms or stops 242
at a railroad-highway grade crossing. Such signage used to 243
notify the public must meet specifications for uniform signals 244
and devices adopted by the Department of Transportation pursuant 245
to s. 316.0745. 246
(4)(a) A railroad traffic infraction d etector may be 247
placed or installed at a railroad -highway grade crossing or on a 248
roadway adjacent thereto when permitted by the municipality or 249
county where railroad -highway grade crossings exist on roads 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
maintained by the municipality or county and in acco rdance with 251
placement and installation specifications developed by the 252
Department of Transportation. 253
(b) A railroad traffic infraction detector may be placed 254
or installed on or near a railroad -highway grade crossing under 255
the jurisdiction of a county or a municipality in accordance 256
with placement and installation specifications developed by the 257
Department of Transportation. 258
(c) The Department of Transportation must establish such 259
placement and installation specifications by December 31, 2025. 260
Section 4. Paragraph (b) of subsection (1) of section 261
316.640, Florida Statutes, is amended to read: 262
316.640 Enforcement. —The enforcement of the traffic laws 263
of this state is vested as follows: 264
(1) STATE.— 265
(b)1. The Department of Transportation has authori ty to 266
enforce on all the streets and highways of this state all laws 267
applicable within its authority. 268
2.a. The Department of Transportation shall develop 269
training and qualifications standards for toll enforcement 270
officers whose sole authority is to enfor ce the payment of tolls 271
pursuant to s. 316.1001. Nothing in this subparagraph shall be 272
construed to permit the carrying of firearms or other weapons, 273
nor shall a toll enforcement officer have arrest authority. 274
b. For the purpose of enforcing s. 316.1001, governmental 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
entities, as defined in s. 334.03, which own or operate a toll 276
facility may employ independent contractors or designate 277
employees as toll enforcement officers; however, any such toll 278
enforcement officer must successfully meet the training and 279
qualifications standards for toll enforcement officers 280
established by the Department of Transportation. 281
3.a. For the purpose of enforcing s. 316.0083, the 282
department may designate employees as traffic infraction 283
enforcement officers. 284
b. For the purpose of enforcing s. 335.211, the Department 285
of Transportation may designate employees as traffic infraction 286
enforcement officers. 287
c. A traffic infraction enforcement officer must 288
successfully complete instruction in traffic enforcement 289
procedures and court presentation through the Selective Traffic 290
Enforcement Program as approved by the Division of Criminal 291
Justice Standards and Training of the Department of Law 292
Enforcement, or through a similar program, but may not 293
necessarily otherwise meet the uniform mi nimum standards 294
established by the Criminal Justice Standards and Training 295
Commission for law enforcement officers or auxiliary law 296
enforcement officers under s. 943.13. 297
d. This subparagraph does not authorize the carrying of 298
firearms or other weapons by a traffic infraction enforcement 299
officer and does not authorize a traffic infraction enforcement 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
officer to make arrests. 301
e. A The department's traffic infraction enforcement 302
officer designated under this subparagraph officers must be 303
physically located in the state. 304
Section 5. Paragraphs (e) through (i) of subsection (3) of 305
section 318.18, Florida Statutes, are redesignated as paragraphs 306
(f) through (j), respectively, and a new paragraph (e) is added 307
to that subsection to read: 308
318.18 Amount of pe nalties.—The penalties required for a 309
noncriminal disposition pursuant to s. 318.14 or a criminal 310
offense listed in s. 318.17 are as follows: 311
(3) 312
(e) Notwithstanding paragraphs (b) and (f), a person cited 313
for a violation of s. 316.183 for exceeding the speed limit in 314
force at the time of the violation in a work zone area as 315
defined in s. 335.21, when enforced by a traffic infraction 316
enforcement officer pursuant to s. 335.211, must pay a fine of 317
$100. The $100 penalty to be assessed and collected by the 318
department must be remitted as follows: 319
1. Sixty dollars must be remitted to the Department of 320
Revenue for deposit into the State Transportation Trust Fund for 321
highway safety campaigns. For penalties assessed on expressway 322
and bridge authorities under s. 348.801, such amount shall be 323
provided to the respective authorities for highway safety 324
campaigns. 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Forty dollars must be remitted to the Department of 326
Revenue for deposit into charities designated by the Department 327
of Transportation that provide finan cial assistance to families 328
of workers who have been killed in a work zone area. 329
330
If a person who is mailed a notice of violation or a uniform 331
traffic citation for a violation of s. 316.183, as enforced by a 332
traffic infraction enforcement officer under s. 335.211, 333
presents documentation from the department that the notice of 334
violation or uniform traffic citation was in error, the clerk of 335
court or clerk to the local hearing officer may dismiss the 336
case. The clerk of court or clerk to the local hearing offic er 337
may not charge for this service. 338
Section 6. Subsections (4), (5), and (15) of section 339
318.21, Florida Statutes, are amended to read: 340
318.21 Disposition of civil penalties by county courts. —341
All civil penalties received by a county court pursuant to the 342
provisions of this chapter shall be distributed and paid monthly 343
as follows: 344
(4) Of the additional fine assessed under s. 318.18(3)(h) 345
s. 318.18(3)(g) for a violation of s. 316.1301, 40 percent must 346
be remitted to the Department of Revenue for depos it in the 347
Grants and Donations Trust Fund of the Division of Blind 348
Services of the Department of Education, and 60 percent must be 349
distributed pursuant to subsections (1) and (2). 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5) Of the additional fine assessed under s. 318.18(3)(h) 351
s. 318.18(3)(g) for a violation of s. 316.1303(1), 60 percent 352
must be remitted to the Department of Revenue for deposit in the 353
Grants and Donations Trust Fund of the Division of Vocational 354
Rehabilitation of the Department of Education, and 40 percent 355
must be distributed p ursuant to subsections (1) and (2). 356
(15) Of the additional fine assessed under s. 318.18(3)(g) 357
s. 318.18(3)(f) for a violation of s. 316.1893, 50 percent of 358
the moneys received from the fines shall be appropriated to the 359
Agency for Health Care Administra tion as general revenue to 360
provide an enhanced Medicaid payment to nursing homes that serve 361
Medicaid recipients with brain and spinal cord injuries. The 362
remaining 50 percent of the moneys received from the enhanced 363
fine imposed under s. 318.18(3)(g) s. 318.18(3)(f) shall be 364
remitted to the Department of Revenue and deposited into the 365
Department of Health Emergency Medical Services Trust Fund to 366
provide financial support to certified trauma centers in the 367
counties where enhanced penalty zones are established to ensure 368
the availability and accessibility of trauma services. Funds 369
deposited into the Emergency Medical Services Trust Fund under 370
this subsection shall be allocated as follows: 371
(a) Fifty percent shall be allocated equally among all 372
Level I, Level II, and pediatric trauma centers in recognition 373
of readiness costs for maintaining trauma services. 374
(b) Fifty percent shall be allocated among Level I, Level 375
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II, and pediatric trauma centers based on each center's relative 376
volume of trauma cases as calcula ted using the hospital 377
discharge data collected pursuant to s. 408.061. 378
Section 7. Section 335.21, Florida Statutes, is created to 379
read: 380
335.21 Speed detection systems; placement and 381
installation.— 382
(1) For purposes of this section and ss. 335.211 a nd 383
335.212, the term "work zone area" means an area on the state 384
highway system that is a limited access facility as defined in 385
s. 316.003 where construction workers are present and there is 386
no physical barrier separating the vehicular traffic from the 387
construction workers. 388
(2)(a) The department may enforce the posted speed limit 389
in a work zone area through the use of a speed detection system 390
as defined in s. 316.003. 391
(b) The department may place or install, or contract with 392
a vendor to place or install , a speed detection system in a work 393
zone area to enforce unlawful speed violations, as specified in 394
s. 316.183, in such work zone area. The department must 395
establish placement and installation specifications by December 396
31, 2025. 397
(3) If the department i nstalls a speed detection system in 398
a work zone area, the department must post signage to notify the 399
public that a speed detection system may be in use at that work 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
zone area. Such signage must meet the specifications for uniform 401
signals and devices adopte d by the department pursuant to s. 402
316.0745. The department shall also develop and maintain a 403
public website for the purpose of educating the traveling public 404
about the use of speed detection systems in work zone areas. 405
(4) If the department begins a spe ed detection system 406
program in a work zone area that has never conducted such a 407
program, the department must make a public announcement and 408
conduct a public awareness campaign of the proposed use of the 409
speed detection system at least 5 days before commenc ing the 410
enforcement under the speed detection system program and must 411
notify the public of the specific date on which the program will 412
commence. During the 5 -day public awareness campaign, only a 413
warning may be issued to the registered owner of a motor veh icle 414
for a violation of s. 316.183 enforced by a speed detection 415
system, and liability may not be imposed for the civil penalty 416
under s. 318.18(3)(e). 417
Section 8. Section 335.211, Florida Statutes, is created 418
to read: 419
335.211 Roadways maintained as wo rk zone areas; speed 420
detection system enforcement; penalties; appeal procedure; 421
privacy; reports.— 422
(1) For purposes of administering this section, the 423
department may authorize a traffic infraction enforcement 424
officer under s. 316.640 to issue uniform tra ffic citations for 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violations of s. 316.183 in excess of the posted speed limit in 426
a work zone area as defined in s. 335.21. Such violation must be 427
evidenced by a speed detection system as defined in s. 316.003. 428
This subsection does not prohibit a review o f information from a 429
speed detection system by an authorized employee or agent of the 430
department before issuance of the uniform traffic citation by 431
the traffic infraction enforcement officer. This subsection does 432
not prohibit the Department of Transportati on from issuing 433
notices as provided in subsection (2) to the registered owner of 434
the motor vehicle for a violation of s. 316.183. 435
(2) Within 30 days after a violation, notice must be sent 436
to the registered owner of the motor vehicle involved in the 437
violation specifying the remedies available under s. 318.14 and 438
that the violator must pay the penalty under s. 318.18(3)(e) to 439
the department, or furnish an affidavit in accordance with 440
subsection (8), within 30 days after the date of the notice of 441
violation in order to avoid court fees, costs, and the issuance 442
of a uniform traffic citation. The notice of violation must: 443
(a) Be sent by first -class mail. 444
(b) Include a photograph or other recorded image showing 445
the license plate of the motor vehicle; the date , time, and 446
location of the violation; the maximum speed at which the motor 447
vehicle was traveling within the work zone area; and the speed 448
limit within the work zone area at the time of the violation. 449
(c) Include a notice that the owner has the right to 450
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review, in person or remotely, the photograph or video captured 451
by the speed detection system and the evidence of the speed of 452
the motor vehicle detected by the speed detection system which 453
constitute a rebuttable presumption that the motor vehicle was 454
used in violation of s. 316.183. 455
(d) State the time when, and the place or website at 456
which, the photograph or video captured and evidence of speed 457
detected may be examined and observed. 458
(3) Notwithstanding any other law, a person who receives a 459
notice of violation under this section may request a hearing 460
within 30 days after the notice of violation or may pay the 461
penalty pursuant to the notice of violation, but a payment or 462
fee may not be required before the hearing requested by the 463
person. The notice of violation must be accompanied by, or 464
direct the person to a website that provides, information on the 465
person's right to request a hearing and on all costs related 466
thereto and a form used for requesting a hearing. As used in 467
this subsection, the term "perso n" includes a natural person, 468
the registered owner or co -owner of a motor vehicle, or the 469
person identified in an affidavit as having actual care, 470
custody, or control of the motor vehicle at the time of the 471
violation. 472
(4) If the registered owner or co -owner of the motor 473
vehicle; the person identified as having care, custody, or 474
control of the motor vehicle at the time of the violation; or an 475
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authorized representative of the owner, co -owner, or identified 476
person initiates a proceeding to challenge the viol ation, such 477
person waives any challenge or dispute as to the delivery of the 478
notice of violation. 479
(5) Penalties to be assessed and collected by the 480
department pursuant to s. 318.18(3)(e) must be remitted as 481
follows: 482
(a) Sixty dollars must be remitted t o the Department of 483
Revenue for deposit into the State Transportation Trust Fund for 484
safety campaigns. For penalties assessed on expressway and 485
bridge authorities under s. 348.801, such amount shall be 486
provided to the respective authorities for highway saf ety 487
campaigns. 488
(b) Forty dollars must be remitted to the Department of 489
Revenue for deposit into charities designated by the Department 490
of Transportation that provide financial assistance to families 491
of workers who have been killed in a work zone area. 492
(6) A uniform traffic citation must be issued by mailing 493
the uniform traffic citation by certified mail to the address of 494
the registered owner of the motor vehicle involved in the 495
violation if payment has not been made within 30 days after 496
notification under subsection (2), if the registered owner has 497
not requested a hearing as authorized under subsection (3), and 498
if the registered owner has not submitted an affidavit in 499
accordance with subsection (8). 500
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(a) Delivery of the uniform traffic citation constitu tes 501
notification of a violation under this subsection. If the 502
registered owner or co -owner of the motor vehicle; the person 503
identified as having care, custody, or control of the motor 504
vehicle at the time of the violation; or a duly authorized 505
representative of the owner, co-owner, or identified person 506
initiates a proceeding to challenge the citation pursuant to 507
this section, such person waives any challenge or dispute as to 508
the delivery of the uniform traffic citation. 509
(b) In the case of joint ownership of a motor vehicle, the 510
uniform traffic citation must be mailed to the first name 511
appearing on the motor vehicle registration, unless the first 512
name appearing on the registration is a business organization, 513
in which case the second name appearing on the re gistration may 514
be used. 515
(c) The uniform traffic citation mailed to the registered 516
owner of the motor vehicle involved in the infraction must be 517
accompanied by the information described in paragraphs (2)(b) -518
(d). 519
(7) The registered owner of the motor veh icle involved in 520
the violation is responsible and liable for paying the uniform 521
traffic citation issued for a violation of s. 316.183 unless the 522
owner can establish that: 523
(a) The motor vehicle was, at the time of the violation, 524
in the care, custody, or c ontrol of another person; 525
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(b) A uniform traffic citation was issued by law 526
enforcement to the driver of the motor vehicle for the alleged 527
violation of s. 316.183; or 528
(c) The motor vehicle's owner was deceased on or before 529
the date of the alleged violat ion, as established by an 530
affidavit submitted by the representative of the motor vehicle 531
owner's estate or other identified person or family member. 532
(8) To establish such facts under subsection (7), the 533
registered owner of the motor vehicle must, within 30 days after 534
the date of issuance of the notice of violation or the uniform 535
traffic citation, furnish to the department an affidavit setting 536
forth information supporting an exception under subsection (7). 537
(a) An affidavit supporting the exception under paragraph 538
(7)(a) must include the name, address, date of birth, and, if 539
known, the driver license number of the person who leased, 540
rented, or otherwise had care, custody, or control of the motor 541
vehicle at the time of the alleged violation. If the motor 542
vehicle was stolen at the time of the alleged violation, the 543
affidavit must include the police report indicating that the 544
motor vehicle was stolen. 545
(b) If a uniform traffic citation for a violation of s. 546
316.183 was issued at the location of the violation by a law 547
enforcement officer, the affidavit must include the serial 548
number of the uniform traffic citation. 549
(c) If the motor vehicle's owner to whom a notice of 550
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violation or a uniform traffic citation has been issued is 551
deceased, the affidavit must inclu de a certified copy of the 552
owner's death certificate showing that the date of death 553
occurred on or before the date of the alleged violation and one 554
of the following: 555
1. A bill of sale or other document showing that the 556
deceased owner's motor vehicle was sold or transferred after his 557
or her death but on or before the date of the alleged violation. 558
2. Documented proof that the registered license plate 559
belonging to the deceased owner's motor vehicle was returned to 560
the Department of Highway Safety and Moto r Vehicles or any 561
branch office or authorized agent of the department after his or 562
her death but on or before the date of the alleged violation. 563
3. A copy of the police report showing that the deceased 564
owner's registered license plate or motor vehicle wa s stolen 565
after his or her death but on or before the date of the alleged 566
violation. 567
568
Upon receipt of the affidavit and documentation required under 569
paragraphs (b) and (c), or 30 days after the date of issuance of 570
a notice of violation sent to a person iden tified as having 571
care, custody, or control of the motor vehicle at the time of 572
the violation under paragraph (a), the department must dismiss 573
the notice or citation and provide proof of such dismissal to 574
the person who submitted the affidavit. If, within 3 0 days after 575
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the date of a notice of violation sent to a person under 576
subsection (9), the department receives an affidavit under 577
subsection (10) from the person sent a notice of violation 578
affirming that the person did not have care, custody, or control 579
of the motor vehicle at the time of the violation, the 580
department must notify the registered owner that the notice or 581
citation will not be dismissed due to failure to establish that 582
another person had care, custody, or control of the motor 583
vehicle at the time of the violation. 584
(9) Upon receipt of an affidavit under paragraph (8)(a), 585
the department may issue the person identified as having care, 586
custody, or control of the motor vehicle at the time of the 587
violation a notice of violation pursuant to subsection (2) for a 588
violation of s. 316.183. The affidavit is admissible in a 589
proceeding pursuant to this section for the purpose of providing 590
evidence that the person identified in the affidavit was in 591
actual care, custody, or control of the motor vehicle. The owne r 592
of a leased motor vehicle for which a uniform traffic citation 593
is issued for a violation of s. 316.183 is not responsible for 594
paying the uniform traffic citation and is not required to 595
submit an affidavit as specified in subsection (8) if the motor 596
vehicle involved in the violation is registered in the name of 597
the lessee of such motor vehicle. 598
(10) If the department receives an affidavit under 599
paragraph (8)(a), the notice of violation required under 600
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subsection (2) must be sent to the person identified i n the 601
affidavit within 30 days after receipt of the affidavit. The 602
person identified in an affidavit and sent a notice of violation 603
may also affirm that he or she did not have care, custody, or 604
control of the motor vehicle at the time of the violation by 605
furnishing to the department within 30 days after the date of 606
the notice of violation an affidavit stating such. 607
(11) The submission of a false affidavit is a misdemeanor 608
of the second degree, punishable as provided in s. 775.082 or s. 609
775.083. 610
(12) The photograph or video captured by a speed detection 611
system and the evidence of the speed of the motor vehicle 612
detected by a speed detection system which are attached to or 613
referenced in the uniform traffic citation are evidence of a 614
violation of s. 316.183 and are admissible in any proceeding to 615
enforce this section. The photograph or video and the evidence 616
of speed detected raise a rebuttable presumption that the motor 617
vehicle named in the report or shown in the photograph or video 618
was used in violation of s. 316.183. 619
(13) This section supplements the enforcement of s 316.183 620
by a law enforcement officer and does not prohibit a law 621
enforcement officer from issuing a uniform traffic citation for 622
a violation of s. 316.183. 623
(14) A hearing under this section must be conducted as 624
follows: 625
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(a) The Department of Highway Safety and Motor Vehicles 626
must publish and make available electronically a model request 627
for hearing form to assist the Department of Transportation in 628
administering this section. 629
(b) The Department of Transportation must designate by 630
resolution existing staff to serve as the clerk to the local 631
hearing officer. 632
(c) A person, referred to in this subsection as the 633
"petitioner," who elects to request a hearing under subsection 634
(3) must be scheduled for a hearing by the clerk to the local 635
hearing officer. The clerk must furnish the petitioner with 636
notice sent by first -class mail. Upon receipt of the notice, the 637
petitioner may reschedule the hearing up to two times by 638
submitting a written request to reschedule to the clerk at least 639
5 calendar days before the day of the scheduled hearing. The 640
petitioner may cancel his or her appearance before the local 641
hearing officer by paying the penalty assessed under subsection 642
(2), plus $50 in administrative co sts, before the start of the 643
hearing. 644
(d) All testimony at the hearing must be under oath and 645
must be recorded. The local hearing officer must take testimony 646
from a traffic infraction enforcement officer and the petitioner 647
and may take testimony from oth ers. The local hearing officer 648
must review the photograph or video captured by the speed 649
detection system and the evidence of the speed of the motor 650
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vehicle detected by the speed detection system made available 651
under paragraph (2)(b). Formal rules of evide nce do not apply, 652
but due process must be observed and govern the proceedings. 653
(e) At the conclusion of the hearing, the local hearing 654
officer must determine whether a violation under this section 655
occurred and must uphold or dismiss the violation. The lo cal 656
hearing officer must issue a final administrative order 657
including the determination and, if the notice of violation is 658
upheld, must require the petitioner to pay the penalty 659
previously assessed under subsection (2), and may also require 660
the petitioner to pay county or municipal costs not to exceed 661
$250. The final administrative order must be mailed to the 662
petitioner by first-class mail. 663
(f) An aggrieved party may appeal a final administrative 664
order consistent with the process provided in s. 162.11. 665
(15)(a) A speed detection system in a work zone area may 666
not be used for remote surveillance. The collection of evidence 667
by a speed detection system to enforce violations of s. 316.183, 668
or user-controlled pan or tilt adjustments of speed detection 669
system components, do not constitute remote surveillance. 670
Recorded video or photographs collected as part of a speed 671
detection system in a work zone area may only be used to 672
document violations of s. 316.183 and for purposes of 673
determining criminal or civil liabil ity for incidents captured 674
by the speed detection system incidental to the permissible use 675
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of the speed detection system. 676
(b) Any recorded video or photograph obtained through the 677
use of a speed detection system must be destroyed within 90 days 678
after the final disposition of the recorded event. The vendor of 679
a speed detection system must provide the department with 680
written notice by December 31 of each year that such records 681
have been destroyed in accordance with this subsection. 682
(c) Notwithstanding any other law, registered motor 683
vehicle owner information obtained as a result of the operation 684
of a speed detection system in a work zone area is not the 685
property of the manufacturer or vendor of the speed detection 686
system and may be used only for the purpos es of this section. 687
(16) On or before December 31, 2026, and annually 688
thereafter, the department must submit a summary report to the 689
Governor, the President of the Senate, and the Speaker of the 690
House of Representatives regarding the use of speed detecti on 691
systems under this section, along with any legislative 692
recommendations from the department. The department shall 693
consult with the Department of Highway Safety and Motor Vehicles 694
on any legislative recommendations related to speed detection 695
systems in work zone areas. 696
Section 9. Section 335.212, Florida Statutes, is created 697
to read: 698
335.212 Radar speed -measuring devices; speed detection 699
systems; evidence, admissibility. — 700
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(1) DEFINITIONS.— 701
(a) "Audio Doppler" means a backup audible signal that 702
translates the radar's Doppler shift into a tone which can be 703
heard by the radar operator. 704
(b) "Audio warning tone" refers to an auxiliary radar 705
device which alerts the operator, by means of an audible tone, 706
to the presence of a speed registration above a preset level. 707
(c) "Automatic speed lock" refers to an auxiliary radar 708
device which immediately holds any speed reading obtained above 709
a preset level. 710
(d) "Officer" means any: 711
1. "Law enforcement officer" who is elected, appointed, or 712
employed full time by any municipality or the state or any 713
political subdivision thereof; who is vested with the authority 714
to bear arms and make arrests; and whose primary responsibility 715
is the prevention and detection of crime or the enforcement of 716
the penal, criminal, t raffic, or highway laws of the state; 717
2. "Part-time law enforcement officer" who is employed or 718
appointed less than full time, as defined by an employing 719
agency, with or without compensation; who is vested with 720
authority to bear arms and make arrests; an d whose primary 721
responsibility is the prevention and detection of crime or the 722
enforcement of the penal, criminal, traffic, or highway laws of 723
the state; 724
3. "Auxiliary law enforcement officer" who is employed or 725
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appointed, with or without compensation; w ho aids or assists a 726
full-time or part-time law enforcement officer; and who, while 727
under the direct supervision of a full -time or part-time law 728
enforcement officer, has the authority to arrest and perform law 729
enforcement functions; or 730
4. "Traffic infraction enforcement officer" who is 731
employed or appointed, with or without compensation, and 732
satisfies the requirements of s. 316.640(1) and is vested with 733
authority to enforce violations of s. 316.183 pursuant to s. 734
335.211. 735
(e) "Radar" means law enforceme nt speed radar, any laser -736
based or microwave-based speed-measurement system employed by a 737
law enforcement agency to detect the speed of motorists. 738
(2) Evidence of the speed of a vehicle measured by any 739
radar speed-measuring device shall be inadmissible i n any 740
proceeding with respect to an alleged violation of provisions of 741
law regulating the lawful speed of vehicles, unless such 742
evidence of speed is obtained by an officer who: 743
(a) Has satisfactorily completed the radar training course 744
established by the Criminal Justice Standards and Training 745
Commission pursuant to s. 943.17(1)(b). 746
(b) Has made an independent visual determination that the 747
vehicle is operating in excess of the applicable speed limit. 748
(c) Has written a citation based on evidence obtain ed from 749
radar when conditions permit the clear assignment of speed to a 750
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single vehicle. 751
(d) Is using radar which has no automatic speed locks and 752
no audio warning tones, unless disconnected or deactivated. 753
(e) Is operating radar with audio Doppler enga ged. 754
(f) Is using a radar unit which meets the minimum design 755
criteria for such units established by the Department of Highway 756
Safety and Motor Vehicles. 757
(3) A speed detection system is exempt from the design 758
requirements for radar or LiDAR units estab lished by the 759
Department of Highway Safety and Motor Vehicles. A speed 760
detection system must have the ability to perform self -tests as 761
to its detection accuracy. The system must perform a self -test 762
at least once every 30 days. The Department of Transportat ion, 763
or an agent acting on behalf of the department, must maintain a 764
log of the results of the system's self -tests. The Department of 765
Transportation, or an agent acting on behalf of the department, 766
must also perform an independent calibration test on the s peed 767
detection system at least once every 12 months. The self -test 768
logs, as well as the results of the annual calibration test, are 769
admissible in any court proceeding for a uniform traffic 770
citation issued for a violation of s. 316.183 enforced pursuant 771
to s. 335.211. Notwithstanding subsection (2), evidence of the 772
speed of a motor vehicle detected by a speed detection system 773
compliant with this subsection and the determination by a 774
traffic infraction enforcement officer that a motor vehicle is 775
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operating in excess of the applicable speed limit is admissible 776
in any proceeding with respect to an alleged violation of law 777
regulating the speed of motor vehicles in work zone areas. 778
Section 10. Part IV of chapter 348, Florida Statutes, 779
consisting of section 348.801, is created and entitled "Speed 780
Detection Systems." 781
Section 11. Section 348.801, Florida Statutes, is created 782
to read: 783
348.801 Speed detection systems; placement and 784
installation.— 785
(1) For purposes of this section, the term "work zone 786
area" means an area on the state highway system that is a 787
limited access facility as defined in s. 316.003 where 788
construction workers are present and there is no physical 789
barrier separating the vehicular traffic from the construction 790
workers. 791
(2)(a) An expressway authority or bridge authority may 792
enforce the posted speed limit in a work zone area through the 793
use of a speed detection system as defined in s. 316.003. 794
(b) The expressway authority or bridge authority shall 795
enter into an agreement with the Depart ment of Transportation to 796
use the department's contract under s. 335.21 to place or 797
install a speed detection system in a work zone area to enforce 798
speed limit violations, as specified in s. 316.183, in such work 799
zone area. 800
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Section 12. Subsection (2) o f section 351.03, Florida 801
Statutes, is amended to read: 802
351.03 Railroad-highway grade-crossing warning signs and 803
signals; audible warnings; exercise of reasonable care; blocking 804
highways, roads, and streets during darkness. — 805
(2)(a) Advance railroad warning signs and pavement 806
markings shall be installed and maintained at public railroad -807
highway grade crossings in accordance with the uniform system of 808
traffic control devices by the governmental entity having 809
jurisdiction over or main tenance responsibility for the highway 810
or street. All persons approaching a railroad -highway grade 811
crossing shall exercise reasonable care for their own safety and 812
for the safety of railroad train crews as well as for the safety 813
of train or vehicle passeng ers. 814
(b) A county or municipality may use railroad traffic 815
infraction detectors to enforce s. 316.1575 at a railroad -816
highway grade crossing. 817
Section 13. Section 351.351, Florida Statutes, is created 818
to read: 819
351.351 Enforcement at railroad -highway grade crossings.— 820
(1) As used in this section, the term "railroad traffic 821
infraction detector" means a portable or fixed automatic system 822
used to detect a motor vehicle's action using radar or LiDAR and 823
to capture a photograph or video of the rear of a m otor vehicle 824
that maneuvers around crossing arms or stops on a railroad -825
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highway grade crossing at the time of the violation. 826
(2)(a) The Department of Transportation, a county, or a 827
municipality may enforce safety measures on a railroad -highway 828
grade crossing through the use of a railroad traffic infraction 829
detector for the detection of a motor vehicle that maneuvers 830
around crossing arms or stops on a railroad -highway grade 831
crossing and capturing of photographs or videos of violations. 832
(b) The department, county, or municipality may place or 833
install, or contract with a vendor to place or install, a 834
railroad traffic infraction detector at a railroad -highway grade 835
crossing or on a roadway adjacent thereto with the railroad 836
owner's consent. 837
(3) For the purposes of administering this section, the 838
Department of Transportation, a county, or a municipality may 839
authorize a traffic infraction enforcement officer under s. 840
316.640 to issue uniform traffic citations for violations of s. 841
316.1575 as authorized by s. 316.008 and s. 351.03. 842
(a) Within 30 days after a violation, a notice must be 843
sent to the registered owner of the motor vehicle involved in 844
the violation specifying the remedies under s. 316.1575 and that 845
the violator must pay the determined penalties as outlined in s. 846
316.1575. 847
(b) The notice must state that the owner has the right to 848
review the photographic or electronic images that constitute a 849
rebuttable presumption against the owner of the vehicle and must 850
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state the time and place or Internet locat ion where the evidence 851
may be examined and observed. 852
(c) The violator must pay the penalty to the department, 853
county, or municipality, furnish an affidavit in accordance with 854
this section, or request a hearing within 60 days after the date 855
of the notice in order to avoid the issuance of a traffic 856
citation. 857
(d) The notice must be sent by first -class mail. The 858
mailing of the notice constitutes notification. 859
(4)(a) Notwithstanding any other provision of law, a 860
person who receives a notice of violation un der this section may 861
request an administrative hearing within 60 days after the date 862
of the notice or pay the penalty specified in the notice. 863
However, payment of the fee may not be required before the 864
hearing requested by the person. 865
(b) The notice of v iolation must direct the person to a 866
website that provides information on the person's right to 867
request a hearing. 868
(c) The term "person" includes a natural person, 869
registered owner or co -owner of a motor vehicle, or person 870
identified in an affidavit as h aving care, custody, or control 871
of the motor vehicle at the time of the violation. 872
(d) If the person or an authorized representative of the 873
person initiates a proceeding to challenge the violation 874
pursuant to this subsection, such person waives any chall enge or 875
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dispute as to the delivery of the notice of violation. 876
(e) In the case of joint ownership of a motor vehicle, the 877
traffic citation shall be mailed to the first name appearing on 878
the registration unless the first name appearing on the 879
registration is a business organization, in which case the 880
second name appearing on the registration may be used. 881
(f)1. If the motor vehicle's owner to whom a traffic 882
citation has been issued is deceased, the affidavit must include 883
a certified copy of the owner's de ath certificate showing that 884
the date of death occurred on or before the issuance of the 885
uniform traffic citation and one of the following: 886
a. A bill of sale or other document showing that the 887
deceased owner's motor vehicle was sold or transferred after his 888
or her death but on or before the date of the alleged violation. 889
b. Documentary proof that the registered license plate 890
belonging to the deceased owner's vehicle was returned to the 891
department or any branch office or authorized agent of the 892
department on or before the date of the alleged violation. 893
c. A copy of a police report showing that the deceased 894
owner's registered license plate or motor vehicle was stolen 895
after the owner's death but on or before the date of the alleged 896
violation. 897
2. Upon receipt of the affidavit and documentation 898
required under this paragraph, the department, county, or 899
municipality must dismiss the citation and provide proof of such 900
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dismissal to the person who submitted the affidavit. 901
(g) Upon receipt of an affidavit, the person designated as 902
having care, custody, or control of the motor vehicle at the 903
time of the violation may be issued a notice of violation 904
pursuant to this chapter for a violation of s. 316.1575 when a 905
person driving a vehicle and approaching a railroad -highway 906
grade crossing under any of the circumstances stated in this 907
section must stop within 50 feet but not less than 15 feet from 908
the nearest rail of such railroad and may not proceed until the 909
railroad tracks are clear and he or she can do so safely. 910
(h) The affidavit is admissible in a proceeding pursuant 911
to this section for the purpose of providing proof that the 912
person identified in the affidavit was in actual care, custody, 913
or control of the motor vehicle. The owner of a leased vehicle 914
for which a traffic citation is issued for a violation of s. 915
316.1575 is not responsible for paying the traffic citation and 916
is not required to submit an affidavit as specified in this 917
subsection if the motor vehicle involved in the violation is 918
registered in the nam e of the lessee of such motor vehicle. 919
(i) The submission of a false affidavit is a misdemeanor 920
of the second degree, punishable as provided in s. 775.082 or s. 921
775.083. 922
(5) The photographic or electronic images or streaming 923
video attached to or refere nced in the traffic citation is 924
evidence that a violation of s. 316.1575 has occurred and is 925
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admissible in any proceeding to enforce this section and raises 926
a rebuttable presumption that the motor vehicle named in the 927
report or shown in the photographic or electronic images or 928
streaming video evidence was used in violation of s. 316.1575. 929
(6)(a) Penalties assessed and collected by the department, 930
county, or municipality authorized to collect the funds provided 931
for in paragraph (b), less the amount retaine d by the county or 932
municipality pursuant to subparagraphs (b)1. and 2., shall be 933
paid to the Department of Revenue weekly. Payment by the 934
department, county, or municipality to the state shall be made 935
by means of electronic funds transfers. In addition to the 936
payment, summary detail of the penalties remitted shall be 937
reported to the Department of Revenue. 938
(b) Penalties to be assessed or collected by the 939
department, county, or municipality are as follows: 940
1. Five hundred dollars or 25 hours of community service 941
as outlined in s. 316.1575(3)(b)1. for a first violation of s. 942
316.1575. Three hundred dollars shall be remitted to the 943
Department of Revenue for deposit into the General Revenue Fund, 944
$150 shall be remitted to the Department of Revenue for deposit 945
into the Department of Transportation for Operation Lifesaver 946
Florida, and $50 shall be distributed to the municipality in 947
which the violation occurred or, if the violation occurred in an 948
unincorporated area, to the county in which the violation 949
occurred. 950
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2. One thousand dollars as outlined in s. 316.1575(3)(b)2. 951
for a second or subsequent violation of s. 316.1575. Six hundred 952
dollars shall be remitted to the Department of Revenue for 953
deposit into the General Revenue Fund, $300 shall be remitted to 954
the Department of Revenue for deposit into the Department of 955
Transportation for Operation Lifesaver Florida, and $100 shall 956
be distributed to the municipality in which the violation 957
occurred or, if the violation occurred in an unincorporated 958
area, to the county in which the violation occurred. 959
(7)(a) An individual may not receive a commission from any 960
revenue collected from violations detected through the use of a 961
railroad traffic infraction detector. 962
(b) A manufacturer or vendor may not receive a fee or 963
remuneration based upon the number of violations detected 964
through the use of a railroad traffic infraction detector. 965
Section 14. Paragraph (a) of subsection (3) of section 966
316.306, Florida Statutes, is amended to read: 967
316.306 School and work zones; prohibition on the use of a 968
wireless communications device in a handheld manner. — 969
(3)(a)1. A person may not operate a motor vehicle while 970
using a wireless communications device in a handheld manner in a 971
designated school crossing, school zone, or work zo ne area as 972
defined in s. 316.003(113) s. 316.003(112). This subparagraph 973
shall only be applicable to work zone areas if construction 974
personnel are present or are operating equipment on the road or 975
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immediately adjacent to the work zone area. For the purpose s of 976
this paragraph, a motor vehicle that is stationary is not being 977
operated and is not subject to the prohibition in this 978
paragraph. 979
2. Effective January 1, 2020, a law enforcement officer 980
may stop motor vehicles and issue citations to persons who are 981
driving while using a wireless communications device in a 982
handheld manner in violation of subparagraph 1. 983
Section 15. Subsection (1) of section 655.960, Florida 984
Statutes, is amended to read: 985
655.960 Definitions; ss. 655.960 -655.965.—As used in this 986
section and ss. 655.961 -655.965, unless the context otherwise 987
requires: 988
(1) "Access area" means any paved walkway or sidewalk 989
which is within 50 feet of any automated teller machine. The 990
term does not include any street or highway open to the use of 991
the public, as defined in s. 316.003(91)(a) s. 316.003(90)(a) or 992
(b), including any adjacent sidewalk, as defined in s. 316.003. 993
Section 16. This act shall take effect July 1, 2025. 994