Florida Senate - 2025 SB 812 By Senator Calatayud 38-00978-25 2025812__ 1 A bill to be entitled 2 An act relating to traffic infraction enforcement; 3 amending s. 316.003, F.S.; defining the term railroad 4 traffic infraction detector; amending s. 316.008, 5 F.S.; authorizing counties and municipalities to use 6 railroad traffic infraction detectors for a certain 7 purpose; authorizing counties and municipalities to 8 place or install, or contract with a vendor to place 9 or install, railroad traffic infraction detectors at 10 certain locations; requiring a county or municipality 11 to enact a certain ordinance before the county or 12 municipality may place or install a railroad traffic 13 infraction detector; specifying requirements for a 14 public hearing for such ordinance; amending s. 15 316.0776, F.S.; authorizing the placement or 16 installation of traffic infraction detectors at 17 certain railroad crossings with permission from the 18 railroad owner; defining the term work zone area; 19 authorizing the Department of Transportation to 20 enforce a posted speed limit in a work zone area 21 through the use of a speed detection system; 22 authorizing the department to place or install, or 23 contract with a vendor to place or install, speed 24 detection systems at certain locations; requiring the 25 department to install certain signage and develop and 26 maintain a certain website; requiring the department 27 to make a public announcement and conduct a public 28 awareness campaign in certain circumstances; 29 specifying requirements for such campaign; authorizing 30 the placement or installation of railroad traffic 31 infraction detectors at certain locations in certain 32 circumstances; requiring the department to establish 33 certain specifications by a specified date; requiring 34 the department, a county, or a municipality to install 35 certain signage in certain circumstances; requiring 36 the signage to meet certain specifications; creating 37 s. 316.1578, F.S.; authorizing the Department of 38 Highway Safety and Motor Vehicles, a county, or a 39 municipality to authorize a traffic infraction 40 enforcement officer to issue a traffic citation for 41 certain violations; requiring that certain 42 notification be sent to the registered owner of a 43 motor vehicle within a certain period; specifying 44 requirements for such notification; authorizing a 45 person who receives such notice to request an 46 administrative hearing within a certain period; 47 defining the term person; providing that a request 48 for such hearing waives any challenge or dispute as to 49 the delivery of the notice of violation; requiring 50 that a traffic citation be issued in a certain manner 51 under certain circumstances; providing that the 52 initiation of a proceeding to challenge such citation 53 waives any challenge or dispute as to the delivery of 54 the citation; requiring that a traffic citation 55 include notice of a certain presumption; providing 56 that the owner of a motor vehicle involved in a 57 certain violation is responsible and liable for paying 58 a uniform traffic citation except in certain 59 circumstances; requiring the owner of a motor vehicle 60 to provide an affidavit to an appropriate governmental 61 entity in certain circumstances; requiring the 62 governmental entity to dismiss a citation in certain 63 circumstances; authorizing the governmental entity to 64 issue a certain notice of violation to a person 65 designated in such an affidavit as having care, 66 custody, or control of the motor vehicle; providing 67 that the affidavit is admissible in certain 68 proceedings; providing criminal penalties for the 69 submission of a false affidavit; providing that 70 certain images or video is evidence of a violation and 71 admissible in certain proceedings; providing a 72 rebuttable presumption; requiring that certain 73 penalties assessed and collected by the department, a 74 county, or a municipality be paid to the Department of 75 Revenue weekly; providing for the remittance and 76 distribution of certain fines in a specified manner; 77 prohibiting an individual from receiving certain 78 commissions; prohibiting a manufacturer or vendor of a 79 railroad traffic infraction detector from receiving 80 certain fees or remuneration; amending s. 316.1894, 81 F.S.; conforming a cross-reference; amending s. 82 316.1896, F.S.; providing that the Department of 83 Transportation may authorize a traffic infraction 84 enforcement officer to issue uniform traffic citations 85 for certain violations in work zone areas; requiring 86 that such violation be evidenced by a speed detection 87 system; providing construction; requiring the 88 department to provide certain notice to the registered 89 owner of a motor vehicle involved in such violation 90 within a certain period; specifying requirements for 91 such notice; requiring that penalties assessed and 92 collected by the departments transportation 93 infraction enforcement officers be paid to the 94 Department of Revenue weekly by electronic funds 95 transfer; providing for the remittance and use of such 96 penalties in a specified manner; requiring the 97 registered owner of a motor vehicle to provide an 98 affidavit to the Department of Transportation in 99 certain circumstances; specifying requirements for 100 such affidavit; requiring the department to dismiss a 101 citation in certain circumstances; requiring the 102 department to issue a certain notice of violation to a 103 person identified in such an affidavit in certain 104 circumstances; specifying requirements for certain 105 hearings; requiring the Department of Highway Safety 106 and Motor Vehicles to provide to the Department of 107 Transportation a certain model form; prohibiting the 108 use of a speed detection system in a work zone area 109 for remote surveillance; providing that certain 110 recorded video and photographs collected in a work 111 zone area may only be used for certain purposes; 112 requiring the vendor of a speed detection system to 113 provide to the department certain written notice 114 annually by a specified date; providing that 115 registered motor vehicle owner information obtained as 116 a result of certain operations in a work zone area is 117 not the property of certain entities and may only be 118 used for certain purposes; requiring the Department of 119 Highway Safety and Motor Vehicles to consult with the 120 Department of Transportation on certain legislative 121 recommendations; amending s. 316.1906, F.S.; revising 122 the definition of the term traffic infraction 123 enforcement officer; amending s. 316.306, F.S.; 124 conforming a cross-reference; amending s. 316.640, 125 F.S.; revising the purposes for which the Department 126 of Highway Safety and Motor Vehicles may designate 127 employees as traffic infraction enforcement officers; 128 amending s. 318.18, F.S.; requiring a person cited for 129 a certain violation in a work zone area to pay a 130 specified fine in certain circumstances; requiring 131 such fine to be remitted to the Department of Revenue 132 and used for certain purposes; conforming a cross 133 reference; creating s. 348.025, F.S.; defining the 134 terms speed detection system and work zone area; 135 authorizing an expressway authority to enforce the 136 posted speed limit in a work zone area through the use 137 of a speed detection system; requiring the Department 138 of Transportation to enter into a certain agreement 139 with an expressway authority in certain circumstances; 140 amending s. 351.03, F.S.; authorizing a county or 141 municipality to place or install a railroad traffic 142 infraction detector at a railroad-highway grade 143 crossing for a certain purpose; amending s. 655.960, 144 F.S.; conforming a cross-reference; providing an 145 effective date. 146 147 Be It Enacted by the Legislature of the State of Florida: 148 149 Section 1.Present subsections (69) through (112) of 150 section 316.003, Florida Statutes, are redesignated as 151 subsections (70) through (113), respectively, a new subsection 152 (69) is added to that section, and subsection (65) of that 153 section is amended, to read: 154 316.003Definitions.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 (65)PRIVATE ROAD OR DRIVEWAY.Except as otherwise provided 159 in paragraph (91)(b) (90)(b), any privately owned way or place 160 used for vehicular travel by the owner and those having express 161 or implied permission from the owner, but not by other persons. 162 (69)RAILROAD TRAFFIC INFRACTION DETECTOR.A portable or 163 fixed automatic system used to detect a motor vehicles action 164 using radar or LiDAR and to capture a photograph or video of the 165 rear of a motor vehicle at the time the vehicle maneuvers around 166 crossing arms or stops on an at-grade railroad crossing. 167 Section 2.Subsection (10) is added to section 316.008, 168 Florida Statutes, to read: 169 316.008Powers of local authorities. 170 (10)(a)A county or municipality may use a railroad traffic 171 infraction detector to enforce applicable laws at an at-grade 172 railroad crossing. 173 (b)A county or municipality may place or install, or 174 contract with a vendor to place or install, a railroad traffic 175 infraction detector on a roadway adjacent to or at an at-grade 176 railroad crossing that is on railroad property, with the 177 railroad owners permission. 178 (c)A county or municipality must enact an ordinance to 179 authorize the placement or installation of a railroad traffic 180 infraction detector on a roadway adjacent to or at an at-grade 181 railroad crossing before the county or municipality may place or 182 install such a railroad traffic infraction detector. At the 183 public hearing for such ordinance, the county or municipality 184 must consider traffic data or other evidence supporting the 185 installation and operation of each proposed railroad traffic 186 infraction detector and, in order to approve the ordinance, must 187 determine that the at-grade railroad crossing where the railroad 188 traffic infraction detector is to be installed constitutes a 189 heightened safety risk and warrants such additional enforcement 190 measures. 191 Section 3.Subsection (1) of section 316.0776, Florida 192 Statutes, is amended, and subsections (4) and (5) are added to 193 that section, to read: 194 316.0776Traffic infraction detectors; speed detection 195 systems; railroad traffic infraction detectors; placement and 196 installation. 197 (1)Traffic infraction detectors are allowed on state roads 198 when permitted by the Department of Transportation and under 199 placement and installation specifications developed by the 200 Department of Transportation. Traffic infraction detectors are 201 allowed on streets and highways and, with the permission of the 202 railroad owner, at at-grade railroad crossings under the 203 jurisdiction of counties or municipalities in accordance with 204 placement and installation specifications developed by the 205 Department of Transportation. 206 (4)(a)For purposes of this subsection, the term work zone 207 area means an area on the State Highway System where 208 construction workers are present, there is no physical barrier 209 or separation between the vehicular traffic and the construction 210 workers, and the highway is a limited access facility. 211 (b)The Department of Transportation may enforce the posted 212 speed limit on the portion of a highway designated as a work 213 zone area through the use of a speed detection system. 214 (c)The Department of Transportation may place or install, 215 or contract with a vendor to place or install, a speed detection 216 system on the portion of a highway designated as a work zone 217 area to enforce the speed limit in accordance with s. 316.183(6) 218 within the work zone area. 219 (d)If the Department of Transportation places or installs, 220 or contracts with a vendor to place or install, a speed 221 detection system under paragraph (c), the Department of 222 Transportation must install signage to notify the public that a 223 speed detection system may be in use at the work zone area. Such 224 signage must meet specifications for uniform signals and devices 225 adopted by the Department of Transportation pursuant to s. 226 316.0745. The Department of Transportation shall also develop 227 and maintain a publicly accessible website for the purpose of 228 educating the traveling public about the use of speed detection 229 systems in work zone areas. 230 (e)If the Department of Transportation begins to use speed 231 detection systems in a work zone area in which the Department of 232 Transportation has not previously used such a system, the 233 Department of Transportation must make a public announcement and 234 conduct a public awareness campaign about the proposed use of 235 speed detection systems beginning at least 5 days before 236 commencing enforcement using the speed detection systems. The 237 Department of Transportation must notify the public of the 238 specific date on which such use will commence. During the 5-day 239 public awareness campaign, only a warning may be issued to the 240 registered owner of a motor vehicle for a violation of s. 241 316.183 enforced by a speed detection system, and liability may 242 not be imposed for the civil penalty under s. 318.18(3)(e). 243 (5)(a)When authorized by a county or municipality, 244 railroad traffic infraction detectors may be placed or installed 245 in accordance with placement and installation specifications 246 developed by the Department of Transportation on state roads, 247 streets, and highways adjacent to or at at-grade railroad 248 crossings and on or near such railroad crossings by the 249 governmental entity having jurisdiction over or maintenance 250 responsibility for the state road, street, or highway. The 251 Department of Transportation must establish such placement and 252 installation specifications by December 31, 2025. 253 (b)If the Department of Transportation, county, or 254 municipality installs such a railroad traffic infraction 255 detector, the Department of Transportation, county, or 256 municipality, as applicable, must install signage to notify the 257 public that a railroad traffic infraction detector, which 258 includes camera enforcement of maneuvers around crossing arms or 259 stops on an at-grade railroad crossing, may be in use at or near 260 the railroad crossing. Such signage must meet specifications for 261 uniform signals and devices adopted by the Department of 262 Transportation pursuant to s. 316.0745. 263 Section 4.Section 316.1578, Florida Statutes, is created 264 to read: 265 316.1578Railroad-highway grade crossings; railroad traffic 266 infraction detector enforcement. 267 (1)For the purposes of administering this section, the 268 department, a county, or a municipality may authorize a traffic 269 infraction enforcement officer under s. 316.640 to issue a 270 traffic citation for a violation of s. 316.1575 enforced as 271 authorized in ss. 316.008(10) and 351.03(6). 272 (2)(a)Within 30 days after a violation, notification must 273 be sent to the registered owner of the motor vehicle involved in 274 the violation specifying the remedies available under s. 318.14 275 and that the violator must pay the applicable penalty provided 276 in s. 316.1575 to the department, county, or municipality, 277 furnish an affidavit in accordance with this section, or request 278 a hearing in accordance with subsection (3) within 60 days after 279 the date of the notification in order to avoid the issuance of a 280 traffic citation. The notification must be sent by first-class 281 mail. The mailing of the notice constitutes notification. 282 (b)Included in the notification to the registered owner of 283 the motor vehicle involved in the violation must be a notice 284 that the owner has the right to review the photographic or 285 electronic images or the streaming video evidence that 286 constitutes a rebuttable presumption against the owner of the 287 vehicle. The notice must state the time and place or Internet 288 location where the evidence may be examined and observed. 289 (3)(a)Notwithstanding any other provision of law, a person 290 who receives a notice of violation under this section may 291 request an administrative hearing within 60 days after the 292 notification of violation or pay the penalty pursuant to the 293 notice of the violation, but a payment may not be required 294 before the hearing requested by the person. The notice of 295 violation must direct the person to a website that provides 296 information on the persons right to request a hearing. As used 297 in this subsection, the term person includes a natural person, 298 registered owner or co-owner of a motor vehicle, or person 299 identified on an affidavit as having care, custody, or control 300 of the motor vehicle at the time of the violation. 301 (b)If the registered owner or co-owner of the motor 302 vehicle, or the person designated as having care, custody, or 303 control of the motor vehicle at the time of the violation, or an 304 authorized representative of the owner, co-owner, or designated 305 person, requests a hearing pursuant to this subsection, such 306 person waives any challenge or dispute as to the delivery of the 307 notice of violation. 308 (4)(a)1.A traffic citation issued under this section shall 309 be issued by mailing the traffic citation by certified mail to 310 the address of the registered owner of the motor vehicle 311 involved in the violation if payment has not been made within 60 312 days after notification under subsection (2), if the registered 313 owner has not requested a hearing as authorized under subsection 314 (3), or if an affidavit has not been submitted under subsection 315 (5). 316 2.Delivery of the traffic citation constitutes 317 notification under this paragraph. If the registered owner or 318 co-owner of the motor vehicle, or the person designated as 319 having care, custody, or control of the motor vehicle at the 320 time of the violation, or a duly authorized representative of 321 the owner, co-owner, or designated person, initiates a 322 proceeding to challenge the citation pursuant to this section, 323 such person waives any challenge or dispute as to the delivery 324 of the traffic citation. 325 3.In the case of joint ownership of a motor vehicle, the 326 traffic citation shall be mailed to the first name appearing on 327 the registration, unless the first name appearing on the 328 registration is a business organization, in which case the 329 second name appearing on the registration may be used. 330 (b)Included with the traffic citation must be a notice 331 that the owner has the right to review, in person or remotely, 332 the photographic or electronic images or the streaming video 333 evidence that constitutes a rebuttable presumption against the 334 owner of the vehicle. The notice must state the time and place 335 or Internet location where the evidence may be examined and 336 observed. 337 (5)(a)The owner of the motor vehicle involved in the 338 violation is responsible and liable for paying the uniform 339 traffic citation issued for a violation of s. 316.1575 unless: 340 1.The motor vehicle was, at the time of the violation, in 341 the care, custody, or control of another person; or 342 2.The motor vehicles owner was deceased on or before the 343 date that the uniform traffic citation was issued, as 344 established by an affidavit submitted by the representative of 345 the motor vehicle owners estate or other designated person or 346 family member. 347 (b)In order to establish such facts, the owner of the 348 motor vehicle must, within 30 days after the date of issuance of 349 the traffic citation, provide to the appropriate governmental 350 entity an affidavit setting forth detailed information 351 supporting an exemption as provided in this subsection. 352 (c)An affidavit supporting an exemption under subparagraph 353 (a)2. must include a certified copy of the owners death 354 certificate showing that the date of death occurred on or before 355 the issuance of the uniform traffic citation and one of the 356 following: 357 1.A bill of sale or other document showing that the 358 deceased owners motor vehicle was sold or transferred after his 359 or her death, but on or before the date of the alleged 360 violation. 361 2.Documentary proof that the registered license plate 362 belonging to the deceased owners vehicle was returned to the 363 department, or any branch office or authorized agent of the 364 department, on or before the date of the alleged violation. 365 3.A copy of a police report showing that the deceased 366 owners registered license plate or motor vehicle was stolen 367 after the owners death, but on or before the date of the 368 alleged violation. 369 (d)Upon receipt of an affidavit and documentation required 370 under paragraph (c), the governmental entity must dismiss the 371 citation and provide proof of such dismissal to the person that 372 submitted the affidavit. 373 (e)Upon receipt of an affidavit supporting an exemption 374 under subparagraph (a)1., the governmental entity may issue to 375 the person designated as having care, custody, or control of the 376 motor vehicle at the time of the violation a notice of violation 377 pursuant to subsection (2) for a violation of s. 316.1575. The 378 affidavit is admissible in a proceeding pursuant to this section 379 for the purpose of providing proof that the person identified in 380 the affidavit was in actual care, custody, or control of the 381 motor vehicle. Notwithstanding paragraph (b), the owner of a 382 leased vehicle for which a traffic citation is issued for a 383 violation of s. 316.1575 is not responsible for paying the 384 traffic citation and is not required to submit an affidavit as 385 specified in this subsection if the motor vehicle involved in 386 the violation is registered in the name of the lessee of such 387 motor vehicle. 388 (f)The submission of a false affidavit is a misdemeanor of 389 the second degree, punishable as provided in s. 775.082 or s. 390 775.083. 391 (6)The photographic or electronic images or streaming 392 video attached to or referenced in the traffic citation is 393 evidence that a violation of s. 316.1575 has occurred and is 394 admissible in any proceeding to enforce this section and raises 395 a rebuttable presumption that the motor vehicle named in the 396 report or shown in the photographic or electronic images or 397 streaming video evidence was used in violation of s. 316.1575. 398 (7)(a)Penalties assessed and collected by the department, 399 county, or municipality authorized to collect the funds provided 400 for in this section, less the amount retained by the county or 401 municipality pursuant to paragraph (b), shall be paid to the 402 Department of Revenue weekly. Payment by the department, county, 403 or municipality to the state shall be made by means of 404 electronic funds transfers. In addition to the payment, summary 405 detail of the penalties remitted shall be reported to the 406 Department of Revenue. 407 (b)Penalties to be assessed and collected by the 408 department, county, or municipality are as follows: 409 1.If a $500 fine is imposed as authorized under s. 410 316.1575(3)(b)1., $300 shall be remitted to the Department of 411 Revenue for deposit into the General Revenue Fund, $150 shall be 412 remitted to the Department of Revenue for deposit into the 413 Department of Transportation for Florida Operation Lifesaver, 414 and $50 shall be distributed to the municipality in which the 415 violation occurred, or, if the violation occurred in an 416 unincorporated area, to the county in which the violation 417 occurred. 418 2.If a $1,000 fine is imposed as authorized under s. 419 316.1575(3)(b)2., $600 shall be remitted to the Department of 420 Revenue for deposit into the General Revenue Fund, $300 shall be 421 remitted to the Department of Revenue for deposit into the 422 Department of Transportation for Florida Operation Lifesaver, 423 and $100 shall be distributed to the municipality in which the 424 violation occurred, or, if the violation occurred in an 425 unincorporated area, to the county in which the violation 426 occurred. 427 (c)An individual may not receive a commission from any 428 revenue collected from violations detected through the use of a 429 railroad traffic infraction detector. A manufacturer or vendor 430 may not receive a fee or remuneration based upon the number of 431 violations detected through the use of a railroad traffic 432 infraction detector. 433 Section 5.Section 316.1894, Florida Statutes, is amended 434 to read: 435 316.1894School Crossing Guard Recruitment and Retention 436 Program.The law enforcement agency having jurisdiction over a 437 county or municipality conducting a school zone speed detection 438 system program authorized by s. 316.008(9) must use funds 439 generated pursuant to s. 316.1896(5)(a)5. s. 316.1896(5)(e) from 440 the school zone speed detection system program to administer the 441 School Crossing Guard Recruitment and Retention Program. Such 442 program may provide recruitment and retention stipends to 443 crossing guards at K-12 public schools, including charter 444 schools, or stipends to third parties for the recruitment of new 445 crossing guards. The School Crossing Guard Recruitment and 446 Retention Program must be designed and managed at the discretion 447 of the law enforcement agency. 448 Section 6.Subsections (1), (2), (5), (8), (9), and (10), 449 paragraph (a) of subsection (14), subsection (15), and paragraph 450 (c) of subsection (16) of section 316.1896, Florida Statutes, 451 are amended to read: 452 316.1896Roadways maintained as school zones; speed 453 detection system enforcement; penalties; appeal procedure; 454 privacy; reports. 455 (1)For purposes of administering this section, the 456 Department of Transportation, a county, or a municipality may 457 authorize a traffic infraction enforcement officer under s. 458 316.640 to issue uniform traffic citations for violations of ss. 459 316.1895 and 316.183 as authorized by s. 316.008(9) or s. 460 316.0776(4), as follows: 461 (a)For a violation of s. 316.1895 in excess of 10 miles 462 per hour over the school zone speed limit which occurs within 30 463 minutes before through 30 minutes after the start of a regularly 464 scheduled breakfast program. 465 (b)For a violation of s. 316.1895 in excess of 10 miles 466 per hour over the school zone speed limit which occurs within 30 467 minutes before through 30 minutes after the start of a regularly 468 scheduled school session. 469 (c)For a violation of s. 316.183 in excess of 10 miles per 470 hour over the posted speed limit during the entirety of a 471 regularly scheduled school session. 472 (d)For a violation of s. 316.1895 in excess of 10 miles 473 per hour over the school zone speed limit which occurs within 30 474 minutes before through 30 minutes after the end of a regularly 475 scheduled school session. 476 (e)For a violation of s. 316.183 in excess of the posted 477 maximum speed in a work zone area as defined in s. 478 316.0776(4)(a). 479 480 Such violation must be evidenced by a speed detection system 481 described in ss. 316.008(9) and 316.0776(3) or s. 316.0776(4). 482 This subsection does not prohibit a review of information from a 483 speed detection system by an authorized employee or agent of the 484 Department of Transportation, a county, or a municipality before 485 issuance of the uniform traffic citation by the traffic 486 infraction enforcement officer. This subsection does not 487 prohibit the Department of Transportation, a county, or a 488 municipality from issuing notices as provided in subsection (2) 489 to the registered owner of the motor vehicle for a violation of 490 s. 316.1895 or s. 316.183. 491 (2)Within 30 days after a violation, notice must be sent 492 to the registered owner of the motor vehicle involved in the 493 violation specifying the remedies available under s. 318.14 and 494 that the violator must pay the penalty under s. 318.18(3)(d) or 495 (e), as applicable, to the Department of Transportation, county, 496 or municipality, or furnish an affidavit in accordance with 497 subsection (8), within 30 days after the date of the notice of 498 violation in order to avoid court fees, costs, and the issuance 499 of a uniform traffic citation. The notice of violation must: 500 (a)Be sent by first-class mail. 501 (b)Include a photograph or other recorded image showing 502 the license plate of the motor vehicle; the date, time, and 503 location of the violation; the maximum speed at which the motor 504 vehicle was traveling within the school zone or work zone area; 505 and the speed limit within the school zone or work zone area at 506 the time of the violation. 507 (c)Include a notice that the owner has the right to 508 review, in person or remotely, the photograph or video captured 509 by the speed detection system and the evidence of the speed of 510 the motor vehicle detected by the speed detection system which 511 constitute a rebuttable presumption that the motor vehicle was 512 used in violation of s. 316.1895 or s. 316.183. 513 (d)State the time when, and the place or website at which, 514 the photograph or video captured and evidence of speed detected 515 may be examined and observed. 516 (5)(a)Penalties assessed and collected by the county or 517 municipality authorized to collect the funds provided for in 518 this section for violations in school zones, less the amount 519 retained by the county or municipality pursuant to subparagraph 520 2. and subparagraph 5. paragraph (b) and paragraph (e) and the 521 amount remitted to the county school district pursuant to 522 subparagraph 4. paragraph (d), must be paid to the Department of 523 Revenue weekly. Such payment must be made by means of electronic 524 funds transfer. In addition to the payment, a detailed summary 525 of the penalties remitted must be reported to the Department of 526 Revenue. Penalties to be assessed and collected by the county or 527 municipality as established in s. 318.18(3)(d) must be remitted 528 as follows: 529 1.(a)Twenty dollars must be remitted to the Department of 530 Revenue for deposit into the General Revenue Fund. 531 2.(b)Sixty dollars must be retained by the county or 532 municipality and must be used to administer speed detection 533 systems in school zones and other public safety initiatives. 534 3.(c)Three dollars must be remitted to the Department of 535 Revenue for deposit into the Department of Law Enforcement 536 Criminal Justice Standards and Training Trust Fund. 537 4.(d)Twelve dollars must be remitted to the county school 538 district in which the violation occurred and must be used for 539 school security initiatives, for student transportation, or to 540 improve the safety of student walking conditions. Funds remitted 541 under this subparagraph paragraph must be shared with charter 542 schools in the district based on each charter schools 543 proportionate share of the districts total unweighted full-time 544 equivalent student enrollment and must be used for school 545 security initiatives or to improve the safety of student walking 546 conditions. 547 5.(e)Five dollars must be retained by the county or 548 municipality for the School Crossing Guard Recruitment and 549 Retention Program pursuant to s. 316.1894. 550 (b)Penalties assessed and collected by the Department of 551 Transportations traffic infraction enforcement officers 552 pursuant to s. 318.18(3)(e) must be paid to the Department of 553 Revenue weekly. Such payments must be made by means of 554 electronic funds transfer. Penalties assessed and collected by 555 the Department of Revenue must be remitted as follows: 556 1.Sixty dollars must be remitted to the Department of 557 Revenue for deposit into the State Transportation Trust Fund and 558 used for safety campaigns. 559 2.Forty dollars must be remitted to the Department of 560 Revenue for deposit into the General Revenue Fund and used to 561 support charities designated by the Department of Transportation 562 which provide financial assistance to families of construction 563 workers killed in work zone areas. 564 (8)To establish such facts under subsection (7), the 565 registered owner of the motor vehicle must, within 30 days after 566 the date of issuance of the notice of violation or the uniform 567 traffic citation, furnish to the appropriate governmental entity 568 an affidavit setting forth information supporting an exception 569 under subsection (7). 570 (a)An affidavit supporting the exception under paragraph 571 (7)(a) must include the name, address, date of birth, and, if 572 known, the driver license number of the person who leased, 573 rented, or otherwise had care, custody, or control of the motor 574 vehicle at the time of the alleged violation. If the motor 575 vehicle was stolen at the time of the alleged violation, the 576 affidavit must include the police report indicating that the 577 motor vehicle was stolen. 578 (b)If a uniform traffic citation for a violation of s. 579 316.1895 or s. 316.183 was issued at the location of the 580 violation by a law enforcement officer, the affidavit must 581 include the serial number of the uniform traffic citation. 582 (c)If the motor vehicles owner to whom a notice of 583 violation or a uniform traffic citation has been issued is 584 deceased, the affidavit must include a certified copy of the 585 owners death certificate showing that the date of death 586 occurred on or before the date of the alleged violation and one 587 of the following: 588 1.A bill of sale or other document showing that the 589 deceased owners motor vehicle was sold or transferred after his 590 or her death but on or before the date of the alleged violation. 591 2.Documented proof that the registered license plate 592 belonging to the deceased owners motor vehicle was returned to 593 the department or any branch office or authorized agent of the 594 department after his or her death but on or before the date of 595 the alleged violation. 596 3.A copy of the police report showing that the deceased 597 owners registered license plate or motor vehicle was stolen 598 after his or her death but on or before the date of the alleged 599 violation. 600 601 Upon receipt of the affidavit and documentation required under 602 paragraphs (b) and (c), or 30 days after the date of issuance of 603 a notice of violation sent to a person identified as having 604 care, custody, or control of the motor vehicle at the time of 605 the violation under paragraph (a), the Department of 606 Transportation, county, or municipality must dismiss the notice 607 or citation and provide proof of such dismissal to the person 608 who submitted the affidavit. If, within 30 days after the date 609 of a notice of violation sent to a person under subsection (9), 610 the Department of Transportation, county, or municipality 611 receives an affidavit under subsection (10) from the person sent 612 a notice of violation affirming that the person did not have 613 care, custody, or control of the motor vehicle at the time of 614 the violation, the Department of Transportation, county, or 615 municipality must notify the registered owner that the notice or 616 citation will not be dismissed due to failure to establish that 617 another person had care, custody, or control of the motor 618 vehicle at the time of the violation. 619 (9)Upon receipt of an affidavit under paragraph (8)(a), 620 the Department of Transportation, county, or municipality may 621 issue the person identified as having care, custody, or control 622 of the motor vehicle at the time of the violation a notice of 623 violation pursuant to subsection (2) for a violation of s. 624 316.1895 or s. 316.183. The affidavit is admissible in a 625 proceeding pursuant to this section for the purpose of providing 626 evidence that the person identified in the affidavit was in 627 actual care, custody, or control of the motor vehicle. The owner 628 of a leased motor vehicle for which a uniform traffic citation 629 is issued for a violation of s. 316.1895 or s. 316.183 is not 630 responsible for paying the uniform traffic citation and is not 631 required to submit an affidavit as specified in subsection (8) 632 if the motor vehicle involved in the violation is registered in 633 the name of the lessee of such motor vehicle. 634 (10)If the Department of Transportation, a county, or a 635 municipality receives an affidavit under paragraph (8)(a), the 636 notice of violation required under subsection (2) must be sent 637 to the person identified in the affidavit within 30 days after 638 receipt of the affidavit. The person identified in an affidavit 639 and sent a notice of violation may also affirm that he or she 640 did not have care, custody, or control of the motor vehicle at 641 the time of the violation by furnishing to the appropriate 642 governmental entity within 30 days after the date of the notice 643 of violation an affidavit stating such. 644 (14)A hearing under this section must be conducted under 645 the procedures established by s. 316.0083(5) and as follows: 646 (a)The department must publish and make available 647 electronically to the Department of Transportation and each 648 county and municipality a model request for hearing form to 649 assist the Department of Transportation and each county or 650 municipality administering this section. 651 (15)(a)A speed detection system in a school zone or a work 652 zone area may not be used for remote surveillance. The 653 collection of evidence by a speed detection system to enforce 654 violations of ss. 316.1895 and 316.183, or user-controlled pan 655 or tilt adjustments of speed detection system components, do not 656 constitute remote surveillance. Recorded video or photographs 657 collected as part of a speed detection system in a school zone 658 or a work zone area may only be used to document violations of 659 ss. 316.1895 and 316.183 and for purposes of determining 660 criminal or civil liability for incidents captured by the speed 661 detection system incidental to the permissible use of the speed 662 detection system. 663 (b)Any recorded video or photograph obtained through the 664 use of a speed detection system must be destroyed within 90 days 665 after the final disposition of the recorded event. The vendor of 666 a speed detection system must provide the Department of 667 Transportation, county, or municipality with written notice by 668 December 31 of each year that such records have been destroyed 669 in accordance with this subsection. 670 (c)Notwithstanding any other law, registered motor vehicle 671 owner information obtained as a result of the operation of a 672 speed detection system in a school zone or a work zone area is 673 not the property of the manufacturer or vendor of the speed 674 detection system and may be used only for the purposes of this 675 section. 676 (16) 677 (c)On or before December 31, 2024, and annually 678 thereafter, the department must submit a summary report to the 679 Governor, the President of the Senate, and the Speaker of the 680 House of Representatives regarding the use of speed detection 681 systems under this section, along with any legislative 682 recommendations from the department. The department shall 683 consult with the Department of Transportation on any legislative 684 recommendations related to speed detection systems in work zone 685 areas. The summary report must include a review of the 686 information submitted to the department by the counties and 687 municipalities and must describe the enhancement of safety and 688 enforcement programs. 689 Section 7.Paragraph (d) of subsection (1) of section 690 316.1906, Florida Statutes, is amended to read: 691 316.1906Radar speed-measuring devices; speed detection 692 systems; evidence, admissibility. 693 (1)DEFINITIONS. 694 (d)Officer means any: 695 1.Law enforcement officer who is elected, appointed, or 696 employed full time by any municipality or the state or any 697 political subdivision thereof; who is vested with the authority 698 to bear arms and make arrests; and whose primary responsibility 699 is the prevention and detection of crime or the enforcement of 700 the penal, criminal, traffic, or highway laws of the state; 701 2.Part-time law enforcement officer who is employed or 702 appointed less than full time, as defined by an employing 703 agency, with or without compensation; who is vested with 704 authority to bear arms and make arrests; and whose primary 705 responsibility is the prevention and detection of crime or the 706 enforcement of the penal, criminal, traffic, or highway laws of 707 the state; 708 3.Auxiliary law enforcement officer who is employed or 709 appointed, with or without compensation; who aids or assists a 710 full-time or part-time law enforcement officer; and who, while 711 under the direct supervision of a full-time or part-time law 712 enforcement officer, has the authority to arrest and perform law 713 enforcement functions; or 714 4.Traffic infraction enforcement officer who is employed 715 or appointed, with or without compensation, and satisfies the 716 requirements of s. 316.640(1) or (5) s. 316.640(5) and is vested 717 with authority to enforce violations of ss. 316.1895 and 316.183 718 pursuant to s. 316.1896. 719 Section 8.Paragraph (a) of subsection (3) of section 720 316.306, Florida Statutes, is amended to read: 721 316.306School and work zones; prohibition on the use of a 722 wireless communications device in a handheld manner. 723 (3)(a)1.A person may not operate a motor vehicle while 724 using a wireless communications device in a handheld manner in a 725 designated school crossing, school zone, or work zone area as 726 defined in s. 316.003 s. 316.003(112). This subparagraph shall 727 only be applicable to work zone areas if construction personnel 728 are present or are operating equipment on the road or 729 immediately adjacent to the work zone area. For the purposes of 730 this paragraph, a motor vehicle that is stationary is not being 731 operated and is not subject to the prohibition in this 732 paragraph. 733 2.Effective January 1, 2020, a law enforcement officer may 734 stop motor vehicles and issue citations to persons who are 735 driving while using a wireless communications device in a 736 handheld manner in violation of subparagraph 1. 737 Section 9.Paragraph (b) of subsection (1) of section 738 316.640, Florida Statutes, is amended to read: 739 316.640Enforcement.The enforcement of the traffic laws of 740 this state is vested as follows: 741 (1)STATE. 742 (b)1.The Department of Transportation has authority to 743 enforce on all the streets and highways of this state all laws 744 applicable within its authority. 745 2.a.The Department of Transportation shall develop 746 training and qualifications standards for toll enforcement 747 officers whose sole authority is to enforce the payment of tolls 748 pursuant to s. 316.1001. Nothing in this subparagraph shall be 749 construed to permit the carrying of firearms or other weapons, 750 nor shall a toll enforcement officer have arrest authority. 751 b.For the purpose of enforcing s. 316.1001, governmental 752 entities, as defined in s. 334.03, which own or operate a toll 753 facility may employ independent contractors or designate 754 employees as toll enforcement officers; however, any such toll 755 enforcement officer must successfully meet the training and 756 qualifications standards for toll enforcement officers 757 established by the Department of Transportation. 758 3.For the purpose of enforcing s. 316.0083 or s. 316.1896, 759 the department may designate employees as traffic infraction 760 enforcement officers. A traffic infraction enforcement officer 761 must successfully complete instruction in traffic enforcement 762 procedures and court presentation through the Selective Traffic 763 Enforcement Program as approved by the Division of Criminal 764 Justice Standards and Training of the Department of Law 765 Enforcement, or through a similar program, but may not 766 necessarily otherwise meet the uniform minimum standards 767 established by the Criminal Justice Standards and Training 768 Commission for law enforcement officers or auxiliary law 769 enforcement officers under s. 943.13. This subparagraph does not 770 authorize the carrying of firearms or other weapons by a traffic 771 infraction enforcement officer and does not authorize a traffic 772 infraction enforcement officer to make arrests. The departments 773 traffic infraction enforcement officers must be physically 774 located in the state. 775 Section 10.Paragraphs (d) and (e) of subsection (3) of 776 section 318.18, Florida Statutes, are amended to read: 777 318.18Amount of penalties.The penalties required for a 778 noncriminal disposition pursuant to s. 318.14 or a criminal 779 offense listed in s. 318.17 are as follows: 780 (3) 781 (d)1.Notwithstanding paragraphs (b) and (c), a person 782 cited for a violation of s. 316.1895(10) or s. 316.183 for 783 exceeding the speed limit in force at the time of the violation 784 on a roadway maintained as a school zone as provided in s. 785 316.1895, when enforced by a traffic infraction enforcement 786 officer pursuant to s. 316.1896, must pay a fine of $100. Fines 787 collected under this paragraph must be distributed as follows: 788 a.Twenty dollars must be remitted to the Department of 789 Revenue for deposit into the General Revenue Fund. 790 b.Seventy-seven dollars must be distributed to the county 791 for any violations occurring in any unincorporated areas of the 792 county or to the municipality for any violations occurring in 793 the incorporated boundaries of the municipality in which the 794 infraction occurred, to be used as provided in s. 316.1896(5)(a) 795 s. 316.1896(5). 796 c.Three dollars must be remitted to the Department of 797 Revenue for deposit into the Department of Law Enforcement 798 Criminal Justice Standards and Training Trust Fund to be used as 799 provided in s. 943.25. 800 2.If a person who is mailed a notice of violation or a 801 uniform traffic citation for a violation of s. 316.1895(10) or 802 s. 316.183, as enforced by a traffic infraction enforcement 803 officer under s. 316.1896, presents documentation from the 804 appropriate governmental entity that the notice of violation or 805 uniform traffic citation was in error, the clerk of court or 806 clerk to the local hearing officer may dismiss the case. The 807 clerk of court or clerk to the local hearing officer may not 808 charge for this service. 809 (e)1.Except as provided in subparagraph 2., a person cited 810 for exceeding the speed limit in a posted construction zone, 811 which posting must include notification of the speed limit and 812 the doubling of fines, shall pay a fine double the amount listed 813 in paragraph (b). The fine shall be doubled for construction 814 zone violations only if construction personnel are present or 815 operating equipment on the road or immediately adjacent to the 816 road under construction. 817 2.a.Notwithstanding paragraph (b), a person cited for a 818 violation of s. 316.183 for exceeding the speed limit in force 819 at the time of the violation in a work zone area as defined in 820 s. 316.0776(4)(a), when enforced by a traffic infraction 821 enforcement officer pursuant to s. 316.1896, must pay a fine of 822 $100. The $100 fine must be remitted as follows: 823 (I)Sixty dollars must be remitted to the Department of 824 Revenue for deposit into the State Transportation Trust Fund and 825 used for safety campaigns. 826 (II)Forty dollars must be remitted to the Department of 827 Revenue for deposit into the General Revenue Fund and used to 828 support charities designated by the Department of Transportation 829 which provide financial assistance to families of construction 830 workers killed in work zone areas. 831 b.If a person who is mailed a uniform traffic citation for 832 a violation of s. 316.183, as enforced by a traffic infraction 833 enforcement officer under s. 316.1896, presents documentation 834 from the appropriate governmental entity that the traffic 835 citation was in error, the clerk of the court must dismiss the 836 citation. The clerk of the court may not charge for this 837 service. 838 Section 11.Section 348.025, Florida Statutes, is created 839 to read: 840 348.025Speed detection systems; placement and 841 installation. 842 (1)For purposes of this section, the term: 843 (a)Speed detection system has the same meaning as in s. 844 316.003. 845 (b)Work zone area has the same meaning as in s. 846 316.0776(4)(a). 847 (2)An expressway authority created in this chapter may 848 enforce the posted speed limit on the portion of a highway 849 designated as a work zone area through the use of a speed 850 detection system. 851 (3)If the department has contracted with a vendor for the 852 placement or installation of speed detection systems in work 853 zone areas as authorized under s. 316.0776(4)(c), the department 854 must enter into an agreement with any expressway authority that 855 decides to use speed detection systems as authorized in 856 subsection (2) to place or install such speed detection systems 857 under the departments contract. 858 Section 12.Subsection (6) is added to section 351.03, 859 Florida Statutes, to read: 860 351.03Railroad-highway grade-crossing warning signs and 861 signals; audible warnings; exercise of reasonable care; blocking 862 highways, roads, and streets during darkness. 863 (6)A county or municipality may place or install a 864 railroad traffic infraction detector as defined in s. 316.003 to 865 enforce s. 316.1575 at a railroad-highway grade crossing. 866 Section 13.Subsection (1) of section 655.960, Florida 867 Statutes, is amended to read: 868 655.960Definitions; ss. 655.960-655.965.As used in this 869 section and ss. 655.961-655.965, unless the context otherwise 870 requires: 871 (1)Access area means any paved walkway or sidewalk which 872 is within 50 feet of any automated teller machine. The term does 873 not include any street or highway open to the use of the public, 874 as defined in s. 316.003(91)(a) or (b) s. 316.003(90)(a) or (b), 875 including any adjacent sidewalk, as defined in s. 316.003. 876 Section 14.This act shall take effect July 1, 2025.