Bill

Bill > S0812


FL S0812

Traffic Infraction Enforcement


summary

Introduced
02/18/2025
In Committee
02/28/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An act relating to traffic infraction enforcement; amending s. 316.003, F.S.; defining the term “railroad traffic infraction detector”; amending s. 316.008, F.S.; authorizing counties and municipalities to use railroad traffic infraction detectors for a certain purpose; authorizing counties and municipalities to place or install, or contract with a vendor to place or install, railroad traffic infraction detectors at certain locations; requiring a county or municipality to enact a certain ordinance before the county or municipality may place or install a railroad traffic infraction detector; specifying requirements for a public hearing for such ordinance; amending s. 316.0776, F.S.; authorizing the placement or installation of traffic infraction detectors at certain railroad crossings with permission from the railroad owner; defining the term “work zone area”; authorizing the Department of Transportation to enforce a posted speed limit in a work zone area through the use of a speed detection system; authorizing the department to place or install, or contract with a vendor to place or install, speed detection systems at certain locations; requiring the department to install certain signage and develop and maintain a certain website; requiring the department to make a public announcement and conduct a public awareness campaign in certain circumstances; specifying requirements for such campaign; authorizing the placement or installation of railroad traffic infraction detectors at certain locations in certain circumstances; requiring the department to establish certain specifications by a specified date; requiring the department, a county, or a municipality to install certain signage in certain circumstances; requiring the signage to meet certain specifications; creating s. 316.1578, F.S.; authorizing the Department of Highway Safety and Motor Vehicles, a county, or a municipality to authorize a traffic infraction enforcement officer to issue a traffic citation for certain violations; requiring that certain notification be sent to the registered owner of a motor vehicle within a certain period; specifying requirements for such notification; authorizing a person who receives such notice to request an administrative hearing within a certain period; defining the term “person”; providing that a request for such hearing waives any challenge or dispute as to the delivery of the notice of violation; requiring that a traffic citation be issued in a certain manner under certain circumstances; providing that the initiation of a proceeding to challenge such citation waives any challenge or dispute as to the delivery of the citation; requiring that a traffic citation include notice of a certain presumption; providing that the owner of a motor vehicle involved in a certain violation is responsible and liable for paying a uniform traffic citation except in certain circumstances; requiring the owner of a motor vehicle to provide an affidavit to an appropriate governmental entity in certain circumstances; requiring the governmental entity to dismiss a citation in certain circumstances; authorizing the governmental entity to issue a certain notice of violation to a person designated in such an affidavit as having care, custody, or control of the motor vehicle; providing that the affidavit is admissible in certain proceedings; providing criminal penalties for the submission of a false affidavit; providing that certain images or video is evidence of a violation and admissible in certain proceedings; providing a rebuttable presumption; requiring that certain penalties assessed and collected by the department, a county, or a municipality be paid to the Department of Revenue weekly; providing for the remittance and distribution of certain fines in a specified manner; prohibiting an individual from receiving certain commissions; prohibiting a manufacturer or vendor of a railroad traffic infraction detector from receiving certain fees or remuneration; amending s. 316.1894, F.S.; conforming a cross-reference; amending s. 316.1896, F.S.; providing that the Department of Transportation may authorize a traffic infraction enforcement officer to issue uniform traffic citations for certain violations in work zone areas; requiring that such violation be evidenced by a speed detection system; providing construction; requiring the department to provide certain notice to the registered owner of a motor vehicle involved in such violation within a certain period; specifying requirements for such notice; requiring that penalties assessed and collected by the department’s transportation infraction enforcement officers be paid to the Department of Revenue weekly by electronic funds transfer; providing for the remittance and use of such penalties in a specified manner; requiring the registered owner of a motor vehicle to provide an affidavit to the Department of Transportation in certain circumstances; specifying requirements for such affidavit; requiring the department to dismiss a citation in certain circumstances; requiring the department to issue a certain notice of violation to a person identified in such an affidavit in certain circumstances; specifying requirements for certain hearings; requiring the Department of Highway Safety and Motor Vehicles to provide to the Department of Transportation a certain model form; prohibiting the use of a speed detection system in a work zone area for remote surveillance; providing that certain recorded video and photographs collected in a work zone area may only be used for certain purposes; requiring the vendor of a speed detection system to provide to the department certain written notice annually by a specified date; providing that registered motor vehicle owner information obtained as a result of certain operations in a work zone area is not the property of certain entities and may only be used for certain purposes; requiring the Department of Highway Safety and Motor Vehicles to consult with the Department of Transportation on certain legislative recommendations; amending s. 316.1906, F.S.; revising the definition of the term “traffic infraction enforcement officer”; amending s. 316.306, F.S.; conforming a cross-reference; amending s. 316.640, F.S.; revising the purposes for which the Department of Highway Safety and Motor Vehicles may designate employees as traffic infraction enforcement officers; amending s. 318.18, F.S.; requiring a person cited for a certain violation in a work zone area to pay a specified fine in certain circumstances; requiring such fine to be remitted to the Department of Revenue and used for certain purposes; conforming a cross reference; creating s. 348.025, F.S.; defining the terms “speed detection system” and “work zone area”; authorizing an expressway authority to enforce the posted speed limit in a work zone area through the use of a speed detection system; requiring the Department of Transportation to enter into a certain agreement with an expressway authority in certain circumstances; amending s. 351.03, F.S.; authorizing a county or municipality to place or install a railroad traffic infraction detector at a railroad-highway grade crossing for a certain purpose; amending s. 655.960, F.S.; conforming a cross-reference; providing an effective date.

AI Summary

This bill introduces comprehensive changes to traffic enforcement in Florida, focusing on the use of railroad and work zone traffic infraction detectors. It defines a "railroad traffic infraction detector" as a system using radar or LiDAR to capture photographic or video evidence of vehicles maneuvering around railroad crossing arms or stopping improperly. The bill authorizes counties, municipalities, and the Department of Transportation to place these detectors at railroad crossings and in work zones, with specific requirements for public notification and signage. The legislation establishes a detailed process for issuing citations, including sending notices to registered vehicle owners, providing opportunities for hearings, and specifying how fines will be distributed. For railroad crossings, the bill requires local governments to enact ordinances and demonstrate heightened safety risks before installing detectors. In work zones, the Department of Transportation can enforce speed limits using detection systems, with a mandatory public awareness campaign before implementation. The bill also includes provisions for handling citations, such as allowing vehicle owners to submit affidavits explaining alternative vehicle usage, and specifies that certain revenue from fines will be allocated to safety campaigns and supporting families of construction workers. Importantly, the bill prohibits individual commissions from traffic violations and restricts how vendors can be compensated for detection systems. The legislation is set to take effect on July 1, 2025.

Sponsors (1)

Last Action

Indefinitely postponed and withdrawn from consideration (on 05/03/2025)

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