THE BILL ITSELF
CS/CS/SB 1080
Transportation
Florida Senate - 2026 CS for CS for SB 1080 By the Committees on Rules; and Transportation; and Senator DiCeglie 595-03386-26 20261080c2
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A bill to be entitled
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An act relating to transportation; requiring the
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Department of Transportation and any impacted local
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government to increase the minimum perception-reaction
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time for steady yellow signals at certain
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intersections by a specified amount of time; amending
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s. 316.008, F.S.; authorizing enforcement of
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restrictive school zone speed limits through the use
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of speed detection systems under certain conditions;
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providing that certain evidence is not required for a
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certain timeframe for speed detection systems
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installed before a certain date; revising
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circumstances for which counties and municipalities
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may place or install or contract to place or install
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speed detection systems; providing requirements for
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the physical placement of such speed detection
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systems; amending s. 316.0083, F.S.; deleting a
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provision prohibiting the issuance of certain notices
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of violation and traffic citations for failure to stop
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before crossing over a stop line or other point at
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which a stop is required under certain circumstances;
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defining the term “careful and prudent manner”;
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providing that certain counties and municipalities are
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responsible for and must maintain certain data for a
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specified period; amending s. 316.0776, F.S.; revising
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provisions relating to the placement and installation
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of certain speed detection systems and components
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thereof; limiting the violations that may be captured
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by such speed detection systems; amending s. 316.0777,
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F.S.; authorizing a private property owner to install
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an automated license plate recognition system for use
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on certain property for a specified purpose or in
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connection with controlling or enforcement of access
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to property; prohibiting a private property owner that
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installs such a system from accessing certain data or
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sharing or selling certain images and data; providing
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exceptions; requiring such private property owners to
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contractually obligate certain third parties to
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protect certain images and data from disclosure;
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prohibiting such private property owners from offering
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or providing as payment or other consideration certain
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proceeds to a third party; providing an exception;
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providing noncriminal penalties for the unauthorized
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use or release of certain information; amending s.
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316.173, F.S.; revising procedures for certain
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administrative hearings; revising a limitation on the
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use of videos and images recorded as part of a school
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bus infraction detection system; requiring certain
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school districts to submit specified reports to the
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Department of Highway Safety and Motor Vehicles
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annually, rather than quarterly; requiring the
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department to publish such reports on its website;
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amending ss. 316.183 and 316.189, F.S.; authorizing
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counties and municipalities to set lower maximum speed
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limits in residence districts under certain
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circumstances; amending s. 316.1895, F.S.; requiring
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the use of flashing beacons under certain
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circumstances; providing that certain areas have until
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a specified date to place and install such beacons;
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amending s. 316.1896, F.S.; authorizing the
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enforcement of restrictive school zone speed limits
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through the use of speed detection systems only when
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flashing beacons are activated; providing that certain
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evidence is not required for a certain timeframe for
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speed detection systems installed before a certain
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date; providing that certain areas have until a
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specified date to place or install such beacons;
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revising the timeframe within which a person who
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receives a notice of violation is required to take
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certain action; revising the timeframe within which
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the registered owner of a vehicle must furnish a
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specified affidavit under certain circumstances;
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revising a limitation on the use of videos and images
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recorded as part of a speed detection system in a
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school zone; revising information that must be
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included in a specified report; deleting a provision
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authorizing the department to require the quarterly
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submission of certain data; requiring the department
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to publish such reports on its website; amending s.
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316.1906, F.S.; providing that certain radar and LiDAR
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units are not required to be on certain lists;
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amending s. 316.650, F.S.; revising provisions
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relating to traffic citations; amending s. 318.15,
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F.S.; revising provisions relating to penalties for
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certain failures to comply; amending s. 318.18, F.S.;
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providing exceptions to requirements that certain
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civil penalties be remitted to school districts;
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revising costs which a local hearing officer may order
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payment of under certain circumstances; amending s.
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320.02, F.S.; revising circumstances under which the
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department may withhold registration or reregistration
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of a motor vehicle; amending s. 320.061, F.S.;
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prohibiting a person from applying or attaching
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materials that interfere with the legibility, angular
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visibility, or detectability of, or that interfere
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with the ability to record, the primary features or
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details on a license plate; authorizing license plate
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frames that impinge upon information at certain
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locations under certain circumstances; amending s.
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320.0848, F.S.; including certain pregnancy-related
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conditions in the list of disabilities that qualify a
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person for a disabled parking permit; repealing s.
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320.0849, F.S., relating to expectant mother parking
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permits; amending s. 322.142, F.S.; authorizing the
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department to make and issue reproductions from
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certain files and digital records for identity
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verification purposes under certain circumstances;
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authorizing identity verification service providers to
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use department data for a specified purpose under
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certain conditions; prohibiting such providers from
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selling, sharing, or retaining certain information;
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prohibiting the department from allowing the use of
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digital imaged licenses for a private entity’s
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business purposes; amending s. 332.007, F.S.;
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authorizing the Department of Transportation to fund
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certain project costs at certain airports; prohibiting
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the department from requiring certain matching funds;
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authorizing the provision of certain funds as matching
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funds for certain eligible projects; amending s.
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337.11, F.S.; authorizing the department to make
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direct payments to a first-tier subcontractor;
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providing construction; requiring the department to
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adopt rules establishing certain procedures; providing
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requirements for such procedures; requiring that
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amounts paid to a first-tier subcontractor be deducted
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from amounts otherwise due to the contractor; amending
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s. 337.18, F.S.; requiring that a takeover agreement
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between the department and a surety set forth certain
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procedures; amending s. 339.175, F.S.; requiring
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metropolitan planning organizations serving specified
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counties to submit a certain feasibility report to the
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Governor and Legislature by a specified date, with
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certain goals; amending s. 339.85, F.S.; requiring the
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department to implement a Next-generation Traffic
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Signal Modernization Grant Program; providing the
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program’s purpose; requiring the department to
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implement a state-local partnership through a cost
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sharing arrangement; specifying requirements for such
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arrangement; authorizing the department to waive local
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match requirements for certain intersections;
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requiring the department to prioritize grant
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applications for certain intersections and use
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competitive procurement to find certain vendors;
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specifying program requirements; providing for an
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annual appropriation; amending s. 775.15, F.S.;
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extending the period of limitation for certain traffic
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violations upon receipt of specified affidavits;
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providing legislative findings and intent; defining
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terms; requiring the department to conduct a statewide
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study on advanced detection and monitoring systems at
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public railroad-highway crossings; providing
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requirements for the study; authorizing the department
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to consult with certain entities; requiring a report
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to the Governor and Legislature by a specified date;
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reenacting s. 318.121, F.S., relating to preemption of
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additional fees, fines, surcharges, and costs, to
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incorporate the amendment made to s. 318.18, F.S., in
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a reference thereto; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The Department of Transportation and any
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impacted local government shall increase the minimum perception
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reaction time for each steady yellow signal located at an
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intersection equipped with a traffic infraction detector by 0.4
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seconds.
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Section 2. Paragraphs (a) and (b) of subsection (9) of
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section 316.008, Florida Statutes, are amended to read:
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316.008 Powers of local authorities.—
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(9)(a) A county or municipality may enforce the applicable
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speed limit on a roadway properly maintained as a school zone
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pursuant to s. 316.1895:
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1. Within 30 minutes before through 30 minutes after the
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start of a regularly scheduled breakfast program;
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2. Within 30 minutes before through 30 minutes after the
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start of a regularly scheduled school session;
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3. During the entirety of a regularly scheduled school
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session; and
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4. Within 30 minutes before through 30 minutes after the
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end of a regularly scheduled school session
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through the use of a speed detection system for the detection of
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speed and capturing of photographs or videos for violations in
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excess of 10 miles per hour over the speed limit in force in the
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school zone at the time of the violation. A school zone’s
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compliance with s. 316.1895 creates a rebuttable presumption
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that the school zone is properly maintained. The restrictive
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school zone speed limit may only be enforced through the use of
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a speed detection system when any flashing beacon used to
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provide notice of the restrictive school zone speed limit is
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activated. For speed detection systems installed before July 1,
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2026, capturing the beacon status in photographic or video
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evidence or by other evidence is not required for proof of the
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beacon status until January 1, 2028. An area maintained as a
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school zone which has no beacon installed before July 1, 2026,
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has until January 1, 2028, to place and install a beacon, and,
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until a beacon is installed, the county or municipality may
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provide proof of the school zone speed limit in force at the
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time of violation without evidence of the beacon status.
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(b) A county or municipality may place or install, or
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contract with a vendor to place or install, a speed detection
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system within a roadway maintained as a school zone as provided
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in s. 316.1895 to enforce unlawful speed limit violations in the
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school zone , as specified in s. 316.1895 s. 316.1895(10) or s.
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316.183 , which are in excess of 10 miles per hour over the
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school zone speed limit in force at the time of violation , on
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that roadway. The physical placement of a speed detection system
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may be outside the boundaries of the school zone but within the
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roadway maintained as a school zone. Any notice of violation or
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uniform traffic citation issued using a speed detection system
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must be based solely on a violation occurring within the
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boundaries of the school zone and during the times authorized
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under this subsection.
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Section 3. Present paragraph (c) of subsection (4) of
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section 316.0083, Florida Statutes, is redesignated as paragraph
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(d), a new paragraph (c) is added to that subsection, and
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paragraph (a) of subsection (1), subsection (2), and paragraph
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(b) of subsection (4) of that section are amended, to read:
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316.0083 Mark Wandall Traffic Safety Program;
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administration; report.—
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(1)(a) For purposes of administering this section, the
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department, a county, or a municipality may authorize a traffic
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infraction enforcement officer under s. 316.640 to issue a
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traffic citation for a violation of s. 316.074(1) or s.
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316.075(1)(c)1. A notice of violation and a traffic citation may
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not be issued for failure to stop at a red light if the driver
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is making a right-hand turn in a careful and prudent manner at
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an intersection where right-hand turns are permissible. A notice
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of violation and a traffic citation may not be issued under this
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section if the driver of the vehicle came to a complete stop
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after crossing the stop line and before turning right if
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permissible at a red light, but failed to stop before crossing
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over the stop line or other point at which a stop is required.
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This paragraph does not prohibit a review of information from a
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traffic infraction detector by an authorized employee or agent
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of the department, a county, or a municipality before issuance
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of the traffic citation by the traffic infraction enforcement
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officer. This paragraph does not prohibit the department, a
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county, or a municipality from issuing notification as provided
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in paragraph (b) to the registered owner of the motor vehicle
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involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
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(2) A notice of violation and a traffic citation may not be
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issued for failure to stop at a red light if the driver is
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making a right-hand turn in a careful and prudent manner at an
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intersection where right-hand turns are permissible. For
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purposes of this subsection, the term “careful and prudent
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manner” means that the driver made a right-hand turn after
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coming to a complete stop and, in the traffic enforcement
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officer’s determination, yielded to any pedestrian or bicyclist
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and did not place a pedestrian or bicyclist in danger of injury
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as a result of the right-hand turn, yielded to any other
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vehicle, and substantially reduced the speed of the motor
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vehicle before making the right-hand turn.
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(4)
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(b) Each county or municipality that operates a traffic
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infraction detector shall submit a report by October 1,
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annually, to the department which details the results of using
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the traffic infraction detector and the procedures for
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enforcement for the preceding state fiscal year. The information
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submitted by the counties and municipalities must include:
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1. The number of notices of violation issued, the number
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that were contested, the number that were upheld, the number
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that were dismissed, the number that were issued as uniform
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traffic citations, the number that were paid, and the number in
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each of the preceding categories for which the notice of
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violation was issued for a right-hand turn violation.
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2. A description of alternative safety countermeasures
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taken before and after the placement or installation of a
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traffic infraction detector.
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3. Statistical data and information required by the
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department to complete the summary report required under
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paragraph (d) (c) .
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The department must publish each report submitted by a county or
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municipality pursuant to this paragraph on its website.
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(c) Each county or municipality that operates a traffic
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infraction detector is responsible for and shall maintain its
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respective data for reporting purposes under this subsection for
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at least 2 years after such data is reported to the department.
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Section 4. Subsection (3) of section 316.0776, Florida
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Statutes, is amended to read:
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316.0776 Traffic infraction detectors; speed detection
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systems; placement and installation.—
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(3) A speed detection system authorized by s. 316.008(9)
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may be placed or installed anywhere in an area maintained, as
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defined in s. 316.1895(3)(d), as a school zone on a state road
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when permitted by the Department of Transportation and in
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accordance with placement and installation specifications
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developed by the Department of Transportation. The speed
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detection system may be placed or installed anywhere in an area
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maintained, as defined in s. 316.1895(3)(d), as a school zone on
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a street or highway under the jurisdiction of a county or a
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municipality in accordance with placement and installation
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specifications established by the Department of Transportation.
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The placement and installation specifications must allow the
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placement of a speed detection system or components thereof
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outside the boundaries of the school zone but within the area
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maintained as a school zone. The speed detection system may only
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capture violations occurring within the school zone and during
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the times authorized under s. 316.008(9), regardless of the
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placement of the speed detection system or its components The
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Department of Transportation must establish such placement and
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installation specifications by December 31, 2023 .
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(a) If a county or municipality places or installs a speed
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detection system as authorized by s. 316.008(9), the county or
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municipality must notify the public that a speed detection
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system may be in use by posting signage indicating photographic
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or video enforcement of the school zone speed limits. Such
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signage shall clearly designate the time period during which the
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school zone speed limits are enforced using a speed detection
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system and must meet the placement and installation
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specifications established by the Department of Transportation.
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For a speed detection system enforcing violations of s. 316.1895
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or s. 316.183 on a roadway maintained as a school zone, this
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paragraph governs the signage notifying the public of the use of
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a speed detection system.
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(b) If a county or municipality begins a school zone speed
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detection system program in a county or municipality that has
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never conducted such a program, the respective county or
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municipality must make a public announcement and conduct a
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public awareness campaign of the proposed use of speed detection
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systems at least 30 days before commencing enforcement under the
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speed detection system program and must notify the public of the
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specific date on which the program will commence. During the 30
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day public awareness campaign, only a warning may be issued to
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the registered owner of a motor vehicle for a violation of s.
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316.1895 or s. 316.183 enforced by a speed detection system, and
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liability may not be imposed for the civil penalty under s.
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318.18(3)(d).
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(c) A county or municipality that operates one or more
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school zone speed detection systems must annually report the
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results of all systems within the county’s or municipality’s
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jurisdiction by placing the report required under s.
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316.1896(16)(a) as a single reporting item on the agenda of a
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regular or special meeting of the county’s or municipality’s
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governing body. Before a county or municipality contracts or
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renews a contract to place or install a speed detection system
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in a school zone pursuant to s. 316.008(9), the county or
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municipality must approve the contract or contract renewal at a
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regular or special meeting of the county’s or municipality’s
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governing body.
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1. Interested members of the public must be allowed to
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comment regarding the report, contract, or contract renewal
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under the county’s or municipality’s public comment policies or
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formats, and the report, contract, or contract renewal may not
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be considered as part of a consent agenda.
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2. The report required under this paragraph must include a
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written summary, which must be read aloud at the regular or
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special meeting, and the summary must contain, for the same time
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period pertaining to the annual report to the department under
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s. 316.1896(16)(a), the number of notices of violation issued,
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the number that were contested, the number that were upheld, the
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number that were dismissed, the number that were issued as
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uniform traffic citations, and the number that were paid and how
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collected funds were distributed and in what amounts. The county
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or municipality must report to the department that the county’s
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or municipality’s annual report was considered in accordance
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with this paragraph, including the date of the regular or
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special meeting at which the annual report was considered.
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3. The compliance or sufficiency of compliance with this
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paragraph may not be raised in a proceeding challenging a
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violation of s. 316.1895 or s. 316.183 enforced by a speed
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detection system in a school zone.
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Section 5. Effective October 1, 2026, present subsections
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(3), (4), and (5) of section 316.0777, Florida Statutes, are
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redesignated as subsections (4), (5), and (6), respectively, and
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a new subsection (3) and subsection (7) are added to that
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section, to read:
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316.0777 Automated license plate recognition systems;
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installation within rights-of-way of State Highway System and on
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and within property owned or controlled by private entity ;
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public records exemption.—
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(3) A private property owner may install an automated
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license plate recognition system solely for use on and within
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the property owned or controlled by the property owner. A
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private property owner that installs or directs the installation
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of such a system:
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(a) May not access vehicle registration or title data for
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vehicles identified by the system, unless the private property
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owner is acting to the extent permitted by the Driver’s Privacy
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Protection Act, 18 U.S.C. ss. 2721-2725, or for the limited
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purpose of providing notice to vehicle owners that they failed
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to pay for parking and that such failure has resulted in a
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parking charge pursuant to s. 715.075.
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(b) May not share or sell images, personal identifying
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information, vehicle identification numbers or license plate
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numbers, or any data that could be reasonably connected to an
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individual collected or generated by the system, except:
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1. To the extent required to respond to a lawful request
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from a criminal justice agency;
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2. To the extent required to control or enforce access to
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the property or for parking enforcement;
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3. To the extent sharing such information is necessary to
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report suspicious activity or suspected criminal activity to a
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criminal justice agency; or
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4. To the extent permitted by the Driver’s Privacy
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Protection Act, 18 U.S.C. ss. 2721-2725.
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(c) Must contractually obligate any third party that
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installs, maintains, or operates the system or receives
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information pursuant to subparagraph (b)2. to protect the images
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or data collected or generated by the system from disclosure,
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including a prohibition on sharing or selling such images or
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data, except to the extent authorized under paragraph (b).
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(d) Must implement, and must contractually obligate any
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third party that installs, maintains, or operates the system or
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receives information pursuant to subparagraph (b)2. to
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implement, all of the following:
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1. Industry-recognized encryption protocols to ensure that
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images and associated data collected or generated by the system
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are encrypted in transmission and at rest.
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2. An auditable access control system that records access
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to images and associated data.
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3. A data retention schedule that provides for deletion of
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images and data no later than 30 days after the images or data
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is collected or generated by the system, except to the extent
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needed to comply with a court order or subpoena, comply with the
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appeal process provided in s. 715.075(1)(c) and (d), or collect
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an unpaid invoice for parking enforcement. Records detailing
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disclosure logs or transaction information may be retained
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longer in accordance with federal law.
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(e) May not offer or provide as payment or other
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consideration any portion of the proceeds derived from a fine or
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charge imposed based on images or data collected or generated by
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the system to any third party that installs, maintains, or
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operates the system, except to the extent that the fine or
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violation is issued in connection with controlling or enforcing
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access to such property or for parking enforcement.
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(7) A person who uses or releases information in violation
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of this section commits a noncriminal infraction, punishable by
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a fine not exceeding $2,000.
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Section 6. Paragraph (b) of subsection (6), paragraph (a)
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of subsection (17), and paragraph (a) of subsection (18) of
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section 316.173, Florida Statutes, are amended to read:
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316.173 School bus infraction detection systems.—
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(6)
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(b) Procedures for an administrative hearing conducted
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under this subsection are as follows:
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1. The department shall make available electronically to
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the school district or its designee or the county a Request for
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Hearing form to assist each district or county with
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administering this subsection.
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2. The school district shall assign existing staff to serve
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as the clerk to the local hearing officer. A person, referred to
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in this paragraph as the petitioner, who elects to request a
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hearing under this subsection shall be scheduled for a hearing
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by the clerk to the local hearing officer . The hearing may be
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conducted either virtually via live video conferencing or in
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person.
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3. Within 120 days after receipt of a timely request for a
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hearing, the law enforcement agency or its designee shall
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provide a replica of the notice of violation data to the school
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district or county by manual or electronic transmission, and
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thereafter the school district or its designee or the county
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shall mail a notice of hearing, which shall include a hearing
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date and may at the discretion of the district or county include
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virtual and in-person hearing options, to the petitioner by
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first-class mail. Mailing of the notice of hearing constitutes
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notification. Upon receipt of the notice of hearing, the
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petitioner may reschedule the hearing up to two times once by
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submitting a written request to the local hearing officer at
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least 5 calendar days before the day of the originally scheduled
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hearing. The petitioner may cancel his or her hearing by paying
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the penalty assessed in the notice of violation.
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4. All testimony at the hearing shall be under oath. The
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local hearing officer shall take testimony from a representative
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of the law enforcement agency and the petitioner, and may take
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testimony from others. The local hearing officer shall review
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the video and images recorded by a school bus infraction
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detection system. Formal rules of evidence do not apply, but due
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process shall be observed and govern the proceedings.
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5. At the conclusion of the hearing, the local hearing
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officer shall determine by a preponderance of the evidence
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whether a violation has occurred and shall uphold or dismiss the
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violation. The local hearing officer shall issue a final
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administrative order including the determination and, if the
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notice of violation is upheld, require the petitioner to pay the
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civil penalty previously assessed in the notice of violation,
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and may shall also require the petitioner to pay costs, not to
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exceed those established in s. 316.0083(5)(e), to be used by the
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county for operational costs relating to the hearing process or
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by the school district for technology and operational costs
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relating to the hearing process as well as school transportation
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safety-related initiatives. The final administrative order shall
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be mailed to the petitioner by first-class mail.
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6. An aggrieved party may appeal a final administrative
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order consistent with the process provided in s. 162.11.
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(17)(a)1. A school bus infraction detection system may not
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be used for remote surveillance. The collection of evidence by a
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school bus infraction detection system to enforce violations of
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s. 316.172 does not constitute remote surveillance.
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2. Notwithstanding any other provision of law, video and
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images recorded as part of a school bus infraction detection
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system may only be used for traffic enforcement and for purposes
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of determining criminal or civil liability for incidents
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captured by the school bus infraction detection system
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incidental to the permissible use of the school bus infraction
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detection system.
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3. To the extent practicable, a school bus infraction
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detection system must use necessary technology to ensure that
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personal identifying information contained in the video or still
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images recorded by the system which is not relevant to the
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alleged violation, including, but not limited to, the identity
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of the driver and any passenger of a motor vehicle, the interior
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or contents of a motor vehicle, the identity of an uninvolved
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person, a number identifying the address of a private residence,
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and the contents or interior of a private residence, is
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sufficiently obscured so as not to reveal such personal
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identifying information.
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4. A notice of a violation or uniform traffic citation
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issued under this section may not be dismissed solely because a
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recorded video or still images reveal personal identifying
512
information as provided in subparagraph 3. as long as a
513
reasonable effort has been made to comply with this subsection.
514
(18)(a) By October 1, annually 2023, and quarterly
515
thereafter , each school district operating a school bus
516
infraction detection system must submit, in consultation with
517
the law enforcement agencies with which it has interlocal
518
agreements pursuant to this section, a report to the department
519
which details the results of the school bus infraction detection
520
systems in the school district in the preceding state fiscal
521
year. The department shall publish each report on its website
522
quarter . The information from the school districts must be
523
submitted in a form and manner determined by the department ,
524
which the department must make available to the school districts
525
by August 1, 2023, and must include at least the following:
526
1. The number of school buses that have a school bus
527
infraction detection system installed, including the date of
528
installation and, if applicable, the date the systems were
529
removed.
530
2. The number of notices of violations issued, the number
531
that were contested, the number that were upheld, the number
532
that were dismissed, the number that were issued as uniform
533
traffic citations, and the number that were paid.
534
3. Data for each infraction to determine locations in need
535
of safety improvements. Such data may include, but is not
536
limited to, global positioning system coordinates of the
537
infraction, the date and time of the infraction, and the name of
538
the school that the school bus was transporting students to or
539
from.
540
4. Any other statistical data and information required by
541
the department to complete the report required by paragraph (c).
542
Section 7. Subsection (2) of section 316.183, Florida
543
Statutes, is amended to read:
544
316.183 Unlawful speed.—
545
(2) On all streets or highways, the maximum speed limits
546
for all vehicles must be 30 miles per hour in business or
547
residence districts, and 55 miles per hour at any time at all
548
other locations. However, with respect to a residence district,
549
a county or municipality may set a lower maximum speed limit of
550
20 or 25 miles per hour on local streets and highways after an
551
investigation determines that such a limit is reasonable. It is
552
not necessary to conduct a separate investigation for each
553
residence district. The minimum speed limit on all highways that
554
comprise a part of the National System of Interstate and Defense
555
Highways and have not fewer than four lanes is 40 miles per
556
hour, except that when the posted speed limit is 70 miles per
557
hour, the minimum speed limit is 50 miles per hour.
558
Section 8. Paragraph (a) of subsection (2) of section
559
316.189, Florida Statutes, is amended to read:
560
316.189 Establishment of municipal and county speed zones.—
561
(2) SPEED ON COUNTY ROADS.—The maximum speed on any county
562
maintained road is:
563
(a) In any business or residence district, 30 miles per
564
hour in the daytime or nighttime; provided that with respect to
565
residence districts a county may set a lower maximum speed limit
566
of 25 miles per hour after an investigation determines that such
567
a limit is reasonable; and it shall not be necessary to conduct
568
a separate investigation in each residence district.
570
However, the board of county commissioners may set speed zones
571
altering such speeds, both as to maximum and minimum, after
572
investigation determines such a change is reasonable and in
573
conformity to criteria promulgated by the Department of
574
Transportation, except that no such speed zone shall permit a
575
speed of more than 60 miles per hour.
576
Section 9. Subsection (6) of section 316.1895, Florida
577
Statutes, is amended to read:
578
316.1895 Establishment of school speed zones, enforcement;
579
designation.—
580
(6) Permanent signs designating school zones and school
581
zone speed limits shall be uniform in size and color, and shall
582
have the times during which the restrictive school zone speed
583
limit is enforced clearly designated thereon. Flashing beacons
584
activated by a time clock, or other automatic device, or
585
manually activated may be used as an alternative to posting the
586
times during which the restrictive school zone speed limit is
587
enforced. However, if a restrictive school zone speed limit is
588
enforced through a speed detection system as provided in s.
589
316.1896, the school zone and restrictive school zone speed
590
limit must be designated using flashing beacons. An area
591
maintained as a school zone that has no flashing beacon
592
installed before July 1, 2026, has until January 1, 2028, to
593
place and install a beacon. Beginning July 1, 2008, for any
594
newly established school zone or any school zone in which the
595
signing has been replaced, a sign stating “Speeding Fines
596
Doubled” shall be installed within the school zone. The
597
Department of Transportation shall establish adequate standards
598
for the signs and flashing beacons.
599
Section 10. Subsections (1), (2), (3), (6), and (8),
600
paragraph (a) of subsection (15), and paragraph (a) of
601
subsection (16) of section 316.1896, Florida Statutes, are
602
amended to read:
603
316.1896 Roadways maintained as school zones; speed
604
detection system enforcement; penalties; appeal procedure;
605
privacy; reports.—
606
(1) For purposes of administering this section, a county or
607
municipality may authorize a traffic infraction enforcement
608
officer under s. 316.640 to issue uniform traffic citations for
609
violations of ss. 316.1895 and 316.183 as authorized by s.
610
316.008(9), as follows:
611
(a) For a violation of s. 316.1895 in excess of 10 miles
612
per hour over the school zone speed limit which occurs within 30
613
minutes before through 30 minutes after the start of a regularly
614
scheduled breakfast program.
615
(b) For a violation of s. 316.1895 in excess of 10 miles
616
per hour over the school zone speed limit which occurs within 30
617
minutes before through 30 minutes after the start of a regularly
618
scheduled school session.
619
(c) For a violation of s. 316.183 in excess of 10 miles per
620
hour over the posted speed limit during the entirety of a
621
regularly scheduled school session.
622
(d) For a violation of s. 316.1895 in excess of 10 miles
623
per hour over the school zone speed limit which occurs within 30
624
minutes before through 30 minutes after the end of a regularly
625
scheduled school session.
627
Such violation must be evidenced by a speed detection system
628
described in ss. 316.008(9) and 316.0776(3). This subsection
629
does not prohibit a review of information from a speed detection
630
system by an authorized employee or agent of a county or
631
municipality before issuance of the uniform traffic citation by
632
the traffic infraction enforcement officer. This subsection does
633
not prohibit a county or municipality from issuing notices as
634
provided in subsection (2) to the registered owner of the motor
635
vehicle for a violation of s. 316.1895 or s. 316.183. The
636
restrictive school zone speed limit may only be enforced through
637
the use of a speed detection system when any flashing beacon
638
used to provide notice of the restrictive school zone speed
639
limit is activated. For speed detection systems installed before
640
July 1, 2026, capturing the beacon status in photographic or
641
video evidence or by other evidence is not required for proof of
642
the beacon status until January 1, 2028. An area maintained as a
643
school zone which has no beacon installed before July 1, 2026,
644
has until January 1, 2028, to place and install a beacon, and,
645
until the beacon is installed, the county or municipality may
646
provide proof of the school zone speed limit in force at the
647
time of violation without evidence of the beacon status.
648
(2) Within 30 days after a violation, notice must be sent
649
to the registered owner of the motor vehicle involved in the
650
violation specifying the remedies available under s. 318.14 and
651
that the violator must pay the penalty under s. 318.18(3)(d) to
652
the county or municipality, or furnish an affidavit in
653
accordance with subsection (8), within 60 30 days after the date
654
of the notice of violation in order to avoid court fees, costs,
655
and the issuance of a uniform traffic citation. The notice of
656
violation must:
657
(a) Be sent by first-class mail.
658
(b) Include a photograph or other recorded image showing
659
the license plate of the motor vehicle; the date, time, and
660
location of the violation; the maximum speed at which the motor
661
vehicle was traveling within the school zone; and the speed
662
limit within the school zone at the time of the violation.
663
(c) Include a notice that the owner has the right to
664
review, in person or remotely, the photograph or video captured
665
by the speed detection system and the evidence of the speed of
666
the motor vehicle detected by the speed detection system which
667
constitute a rebuttable presumption that the motor vehicle was
668
used in violation of s. 316.1895 or s. 316.183.
669
(d) State the time when, and the place or website at which,
670
the photograph or video captured and evidence of speed detected
671
may be examined and observed.
672
(3) Notwithstanding any other law, a person who receives a
673
notice of violation under this section may request a hearing
674
within 60 30 days after the notice of violation or may pay the
675
penalty pursuant to the notice of violation, but a payment or
676
fee may not be required before the hearing requested by the
677
person. The notice of violation must be accompanied by, or
678
direct the person to a website that provides, information on the
679
person’s right to request a hearing and on all costs related
680
thereto and a form used for requesting a hearing. As used in
681
this subsection, the term “person” includes a natural person,
682
the registered owner or co-owner of a motor vehicle, or the
683
person identified in an affidavit as having actual care,
684
custody, or control of the motor vehicle at the time of the
685
violation.
686
(6) A uniform traffic citation must be issued by mailing
687
the uniform traffic citation by certified mail to the address of
688
the registered owner of the motor vehicle involved in the
689
violation if payment has not been made within 60 30 days after
690
notification under subsection (2), if the registered owner has
691
not requested a hearing as authorized under subsection (3), and
692
if the registered owner has not submitted an affidavit in
693
accordance with subsection (8).
694
(a) Delivery of the uniform traffic citation constitutes
695
notification of a violation under this subsection. If the
696
registered owner or co-owner of the motor vehicle; the person
697
identified as having care, custody, or control of the motor
698
vehicle at the time of the violation; or a duly authorized
699
representative of the owner, co-owner, or identified person
700
initiates a proceeding to challenge the citation pursuant to
701
this section, such person waives any challenge or dispute as to
702
the delivery of the uniform traffic citation.
703
(b) In the case of joint ownership of a motor vehicle, the
704
uniform traffic citation must be mailed to the first name
705
appearing on the motor vehicle registration, unless the first
706
name appearing on the registration is a business organization,
707
in which case the second name appearing on the registration may
708
be used.
709
(c) The uniform traffic citation mailed to the registered
710
owner of the motor vehicle involved in the infraction must be
711
accompanied by the information described in paragraphs (2)(b)
712
(d).
713
(8) To establish such facts under subsection (7), the
714
registered owner of the motor vehicle must, within 60 30 days
715
after the date of issuance of the notice of violation or the
716
uniform traffic citation, furnish to the appropriate
717
governmental entity an affidavit setting forth information
718
supporting an exception under subsection (7).
719
(a) An affidavit supporting the exception under paragraph
720
(7)(a) must include the name, address, date of birth, and, if
721
known, the driver license number of the person who leased,
722
rented, or otherwise had care, custody, or control of the motor
723
vehicle at the time of the alleged violation. If the motor
724
vehicle was stolen at the time of the alleged violation, the
725
affidavit must include the police report indicating that the
726
motor vehicle was stolen.
727
(b) If a uniform traffic citation for a violation of s.
728
316.1895 or s. 316.183 was issued at the location of the
729
violation by a law enforcement officer, the affidavit must
730
include the serial number of the uniform traffic citation.
731
(c) If the motor vehicle’s owner to whom a notice of
732
violation or a uniform traffic citation has been issued is
733
deceased, the affidavit must include a certified copy of the
734
owner’s death certificate showing that the date of death
735
occurred on or before the date of the alleged violation and one
736
of the following:
737
1. A bill of sale or other document showing that the
738
deceased owner’s motor vehicle was sold or transferred after his
739
or her death but on or before the date of the alleged violation.
740
2. Documented proof that the registered license plate
741
belonging to the deceased owner’s motor vehicle was returned to
742
the department or any branch office or authorized agent of the
743
department after his or her death but on or before the date of
744
the alleged violation.
745
3. A copy of the police report showing that the deceased
746
owner’s registered license plate or motor vehicle was stolen
747
after his or her death but on or before the date of the alleged
748
violation.
750
Upon receipt of the affidavit and documentation required under
751
paragraphs (b) and (c), or 60 30 days after the date of issuance
752
of a notice of violation sent to a person identified as having
753
care, custody, or control of the motor vehicle at the time of
754
the violation under paragraph (a), the county or municipality
755
must dismiss the notice or citation and provide proof of such
756
dismissal to the person who submitted the affidavit. If, within
757
30 days after the date of a notice of violation sent to a person
758
under subsection (9), the county or municipality receives an
759
affidavit under subsection (10) from the person sent a notice of
760
violation affirming that the person did not have care, custody,
761
or control of the motor vehicle at the time of the violation,
762
the county or municipality must notify the registered owner that
763
the notice or citation will not be dismissed due to failure to
764
establish that another person had care, custody, or control of
765
the motor vehicle at the time of the violation.
766
(15)(a) A speed detection system in a school zone may not
767
be used for remote surveillance. The collection of evidence by a
768
speed detection system to enforce violations of ss. 316.1895 and
769
316.183, or user-controlled pan or tilt adjustments of speed
770
detection system components, do not constitute remote
771
surveillance. Notwithstanding any other law, recorded video or
772
photographs collected as part of a speed detection system in a
773
school zone may only be used to document violations of ss.
774
316.1895 and 316.183 and for purposes of determining criminal or
775
civil liability for incidents captured by the speed detection
776
system incidental to the permissible use of the speed detection
777
system.
778
(16)(a) Each county or municipality that operates one or
779
more speed detection systems shall must submit a report by
780
October 1, 2024, and annually thereafter , to the department
781
which identifies the public safety objectives used to identify a
782
school zone for enforcement under this section, reports
783
compliance with s. 316.0776(3)(c), and details the results of
784
the speed detection system in the school zone during the
785
preceding state fiscal year and the procedures for enforcement.
786
The information from counties and municipalities must be
787
submitted in a form and manner determined by the department ,
788
which the department must make available to the counties and
789
municipalities by August 1, 2023, and the department may require
790
data components to be submitted quarterly . The report must
791
include at least the following:
792
1. Information related to the location of each speed
793
detection system, including the geocoordinates of the school
794
zone, the directional approach of the speed detection system,
795
the school name, the school level, the times the speed detection
796
system was active, the restrictive restricted school zone speed
797
limit enforced pursuant to s. 316.1895(5), the posted speed
798
limit enforced at times other than those authorized by s.
799
316.1895(5), the date the systems were activated to enforce
800
violations of ss. 316.1895 and 316.183, and, if applicable, the
801
date the systems were deactivated.
802
2. The number of notices of violation issued, the number,
803
if any, that were issued outside of the enforcement periods
804
authorized in subsection (1), the number that were contested,
805
the number that were upheld, the number that were dismissed, the
806
number that were issued as uniform traffic citations, and the
807
number that were paid.
808
3. Any other statistical data and information related to
809
the procedures for enforcement which is required by the
810
department to complete the report required under paragraph (c).
812
The department must publish each report submitted by a county or
813
municipality pursuant to this paragraph on its website.
814
Section 11. Subsection (3) of section 316.1906, Florida
815
Statutes, is amended to read:
816
316.1906 Radar speed-measuring devices; speed detection
817
systems; evidence, admissibility.—
818
(3) A speed detection system is exempt from the design
819
requirements for radar or LiDAR units established by the
820
department , and the radar or LiDAR units used in the speed
821
detection system are not required to be on any approved list of
822
the department . A speed detection system must have the ability
823
to perform self-tests as to its detection accuracy. The system
824
must perform a self-test at least once every 30 days. The law
825
enforcement agency, or an agent acting on behalf of the law
826
enforcement agency, operating a speed detection system must
827
maintain a log of the results of the system’s self-tests. The
828
law enforcement agency, or an agent acting on behalf of the law
829
enforcement agency, operating a speed detection system must also
830
perform an independent calibration test on the speed detection
831
system at least once every 12 months. The self-test logs, as
832
well as the results of the annual calibration test, are
833
admissible in any court proceeding for a uniform traffic
834
citation issued for a violation of s. 316.1895 or s. 316.183
835
enforced pursuant to s. 316.1896. Notwithstanding subsection
836
(2), evidence of the speed of a motor vehicle detected by a
837
speed detection system compliant with this subsection and the
838
determination by a traffic enforcement officer that a motor
839
vehicle is operating in excess of the applicable speed limit is
840
admissible in any proceeding with respect to an alleged
841
violation of law regulating the speed of motor vehicles in
842
school zones.
843
Section 12. Paragraph (c) of subsection (3) of section
844
316.650, Florida Statutes, is amended to read:
845
316.650 Traffic citations.—
846
(3)
847
(c) If a traffic citation is issued under s. 316.0083 or s.
848
316.1896, the traffic infraction enforcement officer , or, if the
849
citation is issued under s. 316.173, the law enforcement
850
officer, must shall provide by electronic transmission a replica
851
of the traffic citation data to the court having jurisdiction
852
over the alleged offense or its traffic violations bureau within
853
5 business days after the date of issuance of the traffic
854
citation to the violator. If a hearing is requested, the traffic
855
infraction enforcement officer or law enforcement officer, as
856
applicable, must shall provide a replica of the traffic notice
857
of violation data to the clerk to for the local hearing officer
858
having jurisdiction over the alleged offense within 14 days.
859
Section 13. Subsection (3) of section 318.15, Florida
860
Statutes, is amended to read:
861
318.15 Failure to comply with civil penalty or to appear;
862
penalty.—
863
(3) The clerk of the court or the clerk to the local
864
hearing officer shall notify the department of persons who were
865
mailed a notice of violation of s. 316.074(1) or s.
866
316.075(1)(c)1. pursuant to s. 316.0083 , s. 316.172(1)(a) or (b)
867
pursuant to s. 316.173, or s. 316.183 or s. 316.1895(10)
868
pursuant to s. 316.1896 and who failed to enter into, or comply
869
with the terms of, a penalty payment plan, or order with the
870
clerk to the local hearing officer or failed to appear at a
871
scheduled hearing within 10 days after such failure, and shall
872
reference the person’s driver license number, or in the case of
873
a business entity, vehicle registration number.
874
(a) Upon receipt of such notice, the department, or
875
authorized agent thereof, may not issue a license plate or
876
revalidation sticker for any motor vehicle owned or co-owned by
877
that person pursuant to s. 320.03(8) until the amounts assessed
878
have been fully paid.
879
(b) After the issuance of the person’s license plate or
880
revalidation sticker is withheld pursuant to paragraph (a), the
881
person may challenge the withholding of the license plate or
882
revalidation sticker only on the basis that the outstanding
883
fines and civil penalties have been paid pursuant to s.
884
320.03(8).
885
Section 14. Paragraphs (a), (b), and (c) of subsection (5)
886
and subsection (23) of section 318.18, Florida Statutes, are
887
amended to read:
888
318.18 Amount of penalties.—The penalties required for a
889
noncriminal disposition pursuant to s. 318.14 or a criminal
890
offense listed in s. 318.17 are as follows:
891
(5)(a)1. Except as provided in subparagraph 2., $200 for a
892
violation of s. 316.172(1)(a), failure to stop for a school bus.
893
If, at a hearing, the alleged offender is found to have
894
committed this offense, the court shall impose a minimum civil
895
penalty of $200. In addition to this penalty, for a second or
896
subsequent offense within a period of 5 years, the department
897
shall suspend the driver license of the person for not less than
898
180 days and not more than 1 year.
899
2. If a violation of s. 316.172(1)(a) is enforced by a
900
school bus infraction detection system pursuant to s. 316.173,
901
the penalty of $200 shall be imposed. If, at an administrative
902
hearing contesting a notice of violation or uniform traffic
903
citation, the alleged offender is found to have committed this
904
offense, a minimum civil penalty of $200 shall be imposed.
905
Notwithstanding any other provision of law except s. 28.37(6) ,
906
the civil penalties assessed under this subparagraph resulting
907
from a notice of violation or uniform traffic citation shall be
908
remitted to the school district at least monthly and used
909
pursuant to s. 316.173(8).
910
(b)1. Except as provided in subparagraph 2., $400 for a
911
violation of s. 316.172(1)(b), passing a school bus on the side
912
that children enter and exit when the school bus displays a stop
913
signal. If, at a hearing, the alleged offender is found to have
914
committed this offense, the court shall impose a minimum civil
915
penalty of $400.
916
2. If a violation of s. 316.172(1)(b) is enforced by a
917
school bus infraction detection system pursuant to s. 316.173,
918
the penalty under this subparagraph is a minimum of $200. If, at
919
a hearing contesting a notice of violation or uniform traffic
920
citation, the alleged offender is found to have committed this
921
offense, the court shall impose a minimum civil penalty of $200.
922
Notwithstanding any other provision of law except s. 28.37(6) ,
923
the civil penalties assessed under this subparagraph resulting
924
from notice of violation or uniform traffic citation shall be
925
remitted to the school district at least monthly and used
926
pursuant to s. 316.173(8).
927
3. In addition to this penalty, for a second or subsequent
928
offense within a period of 5 years, the department shall suspend
929
the driver license of the person for not less than 360 days and
930
not more than 2 years.
931
(c)1. In addition to the penalty under subparagraph (a)2.
932
or subparagraph (b)2., if, at an administrative hearing
933
contesting a notice of violation, the alleged offender is found
934
to have committed this offense, costs shall be imposed, not to
935
exceed those established in s. 316.0083(5)(e), to be paid by the
936
petitioner and to be used by the county for the operational
937
costs related to the hearing or the school district for
938
technology and operational costs relating to the hearing as well
939
as school transportation safety-related initiatives.
940
Notwithstanding any other provision of law, if a county’s local
941
hearing officer administers the administrative hearing process
942
for a contested notice of violation, the costs imposed under
943
this subparagraph resulting from notice of violation shall be
944
remitted to the county at least monthly.
945
2. In addition to the penalty under paragraph (a) or
946
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
947
If the alleged offender is found to have committed the offense,
948
the court shall impose the civil penalty under paragraph (a) or
949
paragraph (b) plus an additional $65. The additional $65
950
collected under this subparagraph shall be remitted to the
951
Department of Revenue for deposit into the Emergency Medical
952
Services Trust Fund of the Department of Health to be used as
953
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
954
(b) is enforced by a school bus infraction detection system
955
pursuant to s. 316.173, an the additional civil penalty amount
956
imposed on a notice of violation, on a uniform traffic citation,
957
or by the court under this paragraph must be $25, in lieu of the
958
additional $65, and, notwithstanding any other provision of law,
959
the additional civil penalties and additional costs must be
960
remitted to the participating school district at least monthly
961
and used pursuant to s. 316.173(8).
962
(23) In addition to the penalty prescribed under s.
963
316.0083 , s. 316.173, s. 316.183, s. 316.1895, or s. 316.1896
964
for violations enforced under those sections s. 316.0083 which
965
are upheld by the local hearing officer , the local hearing
966
officer may also order the payment of county , or municipal , or
967
school district costs, not to exceed $250.
968
Section 15. Subsection (12) of section 320.02, Florida
969
Statutes, is amended to read:
970
320.02 Registration required; application for registration;
971
forms.—
972
(12) The department is authorized to withhold registration
973
or reregistration of any motor vehicle if the owner, or one of
974
the co-owners of the vehicle : ,
975
(a) Has a driver license which is under suspension for the
976
failure to remit payment of any fines levied in this state
977
pursuant to chapter 318 or chapter 322 ; or
978
(b) Received a traffic citation for a violation of s.
979
316.074(1) or s. 316.075(1)(c)1. as enforced by s. 316.0083, s.
980
316.172(1)(a) or (b) as enforced by s. 316.173, or s. 316.183 or
981
s. 316.1895(10) as enforced by s. 316.1896 and did not request a
982
hearing, submit an affidavit claiming an exception, or pay the
983
traffic citation .
984
Section 16. Section 320.061, Florida Statutes, is amended
985
to read:
986
320.061 Unlawful to alter motor vehicle registration
987
certificates, license plates, temporary license plates, mobile
988
home stickers, or validation stickers or to obscure license
989
plates; penalty.—A person may not alter the original appearance
990
of a vehicle registration certificate, license plate, temporary
991
license plate, mobile home sticker, or validation sticker issued
992
for and assigned to a motor vehicle or mobile home, whether by
993
mutilation, alteration, defacement, or change of color or in any
994
other manner. A person may not apply or attach a substance,
995
reflective matter, illuminated device, spray, coating, covering,
996
or other material onto or around any license plate which
997
interferes with the legibility, angular visibility, or
998
detectability of the primary features or details, including the
999
license plate number or validation sticker, any feature or
1000
detail on the license plate or interferes with the ability to
1001
record the primary features or details, including the license
1002
plate number or validation sticker, any feature or detail on the
1003
license plate. A license plate frame that impinges upon
1004
information located on the top or bottom of the license plate is
1005
permissible, as long as law enforcement can identify the state
1006
issuing the license plate. A person who knowingly violates this
1007
section commits a misdemeanor of the second degree, punishable
1008
as provided in s. 775.082 or s. 775.083.
1009
Section 17. Paragraph (b) of subsection (1) of section
1010
320.0848, Florida Statutes, is amended, and paragraph (a) of
1011
subsection (1) of that section, as amended by section 5 of
1012
chapter 2025-125, Laws of Florida, is republished, to read:
1013
320.0848 Persons who have disabilities; issuance of
1014
disabled parking permits; temporary permits; permits for certain
1015
providers of transportation services to persons who have
1016
disabilities.—
1017
(1)(a) The Department of Highway Safety and Motor Vehicles
1018
or its authorized agents shall, upon application and receipt of
1019
the fee:
1020
1. Issue a disabled parking permit for a period of up to 4
1021
years, which period ends on the applicant’s birthday, to any
1022
person who has long-term mobility impairment;
1023
2. Issue a temporary disabled parking permit for up to 6
1024
months to a person who has a temporary mobility impairment; or
1025
3. Issue a lifetime disabled parking permit to a person who
1026
is certified as permanently disabled due to permanent
1027
dismemberment or an amputation and is in need of the disabled
1028
parking permit due to that permanent dismemberment or
1029
amputation. A lifetime disabled parking permit is valid from the
1030
date of issuance until the person’s death and is not subject to
1031
renewal under paragraph (d).
1033
A person is not required to pay a fee for a parking permit for
1034
disabled persons more than once in a 12-month period from the
1035
date of the prior fee payment.
1036
(b)1. The person must be currently certified as being
1037
legally blind or as having any of the following disabilities
1038
that render him or her unable to walk 200 feet without stopping
1039
to rest:
1040
a. Inability to walk without the use of or assistance from
1041
a brace, cane, crutch, prosthetic device, or other assistive
1042
device, or without the assistance of another person. If the
1043
assistive device significantly restores the person’s ability to
1044
walk to the extent that the person can walk without severe
1045
limitation, the person is not eligible for the exemption parking
1046
permit.
1047
b. The need to permanently use a wheelchair.
1048
c. Restriction by lung disease to the extent that the
1049
person’s forced (respiratory) expiratory volume for 1 second,
1050
when measured by spirometry, is less than 1 liter, or the
1051
person’s arterial oxygen is less than 60 mm/hg on room air at
1052
rest.
1053
d. Use of portable oxygen.
1054
e. Restriction by cardiac condition to the extent that the
1055
person’s functional limitations are classified in severity as
1056
Class III or Class IV according to standards set by the American
1057
Heart Association.
1058
f. Severe limitation in the person’s ability to walk due to
1059
an arthritic, neurological, or orthopedic condition , including
1060
any pregnancy-related condition .
1061
2. The certification of disability which is required under
1062
subparagraph 1. must be provided by a physician licensed under
1063
chapter 458, chapter 459, or chapter 460, by a podiatric
1064
physician licensed under chapter 461, by an optometrist licensed
1065
under chapter 463, by an advanced practice registered nurse
1066
licensed under chapter 464 under the protocol of a licensed
1067
physician as stated in this subparagraph, by a physician
1068
assistant licensed under chapter 458 or chapter 459, or by a
1069
similarly licensed physician from another state if the
1070
application is accompanied by documentation of the physician’s
1071
licensure in the other state and a form signed by the out-of
1072
state physician verifying his or her knowledge of this state’s
1073
eligibility guidelines.
1074
Section 18. Section 320.0849, Florida Statutes, is
1075
repealed.
1076
Section 19. Subsection (4) of section 322.142, Florida
1077
Statutes, is amended, and subsections (5), (6), and (7) are
1078
added to that section, to read:
1079
322.142 Color photographic or digital imaged licenses.—
1080
(4) The department may maintain a film negative or print
1081
file. The department shall maintain a record of the digital
1082
image and signature of the licensees, together with other data
1083
required by the department for identification and retrieval.
1084
Reproductions from the file or digital record are exempt from
1085
the provisions of s. 119.07(1) and may be made and issued only:
1086
(a) For departmental administrative purposes;
1087
(b) For the issuance of duplicate licenses;
1088
(c) For identity verification by a state agency pursuant to
1089
an interagency agreement, subject to the licensee’s consent;
1090
(d) In response to law enforcement agency requests;
1091
(e) (d) To the Department of Business and Professional
1092
Regulation and the Department of Health pursuant to an
1093
interagency agreement for the purpose of accessing digital
1094
images for reproduction of licenses issued by the Department of
1095
Business and Professional Regulation or the Department of
1096
Health;
1097
(f) (e) To the Department of State or a supervisor of
1098
elections pursuant to an interagency agreement to facilitate
1099
determinations of eligibility of voter registration applicants
1100
and registered voters in accordance with ss. 98.045 and 98.075;
1101
(g) (f) To the Department of Revenue pursuant to an
1102
interagency agreement for use in establishing paternity and
1103
establishing, modifying, or enforcing support obligations in
1104
Title IV-D cases;
1105
(h) (g) To the Department of Children and Families pursuant
1106
to an interagency agreement to conduct protective investigations
1107
under part III of chapter 39 and chapter 415;
1108
(i) (h) To the Department of Children and Families pursuant
1109
to an interagency agreement specifying the number of employees
1110
in each of that department’s regions to be granted access to the
1111
records for use as verification of identity to expedite the
1112
determination of eligibility for public assistance and for use
1113
in public assistance fraud investigations;
1114
(j) (i) To the Agency for Health Care Administration
1115
pursuant to an interagency agreement for the purpose of
1116
authorized agencies verifying photographs in the Care Provider
1117
Background Screening Clearinghouse authorized under s. 435.12;
1118
(k) (j) To the Department of Financial Services pursuant to
1119
an interagency agreement to facilitate the location of owners of
1120
unclaimed property, the validation of unclaimed property claims,
1121
the identification of fraudulent or false claims, and the
1122
investigation of allegations of violations of the insurance code
1123
by licensees and unlicensed persons;
1124
(l) (k) To the Department of Commerce pursuant to an
1125
interagency agreement to facilitate the validation of
1126
reemployment assistance claims and the identification of
1127
fraudulent or false reemployment assistance claims;
1128
(m) (l) To district medical examiners pursuant to an
1129
interagency agreement for the purpose of identifying a deceased
1130
individual, determining cause of death, and notifying next of
1131
kin of any investigations, including autopsies and other
1132
laboratory examinations, authorized in s. 406.11;
1133
(n) (m) To the following persons for the purpose of
1134
identifying a person as part of the official work of a court:
1135
1. A justice or judge of this state;
1136
2. An employee of the state courts system who works in a
1137
position that is designated in writing for access by the Chief
1138
Justice of the Supreme Court or a chief judge of a district or
1139
circuit court, or by his or her designee; or
1140
3. A government employee who performs functions on behalf
1141
of the state courts system in a position that is designated in
1142
writing for access by the Chief Justice or a chief judge, or by
1143
his or her designee; or
1144
(o) (n) To the Agency for Health Care Administration
1145
pursuant to an interagency agreement to prevent health care
1146
fraud. If the Agency for Health Care Administration enters into
1147
an agreement with a private entity to carry out duties relating
1148
to health care fraud prevention, such contracts shall include,
1149
but need not be limited to:
1150
1. Provisions requiring internal controls and audit
1151
processes to identify access, use, and unauthorized access of
1152
information.
1153
2. A requirement to report unauthorized access or use to
1154
the Agency for Health Care Administration within 1 business day
1155
after the discovery of the unauthorized access or use.
1156
3. Provisions for liquidated damages for unauthorized
1157
access or use of no less than $5,000 per occurrence.
1158
(5) An identity verification service provider may use
1159
department data for the department’s or another agency’s
1160
internal identity verification purposes in a manner consistent
1161
with this section only if such data remains in the possession of
1162
the department.
1163
(6) An identity verification service provider may not sell,
1164
share, or retain any information outside of the purposes of this
1165
section.
1166
(7) The department may not allow the use of digital imaged
1167
licenses for a private entity’s business purposes.
1168
Section 20. Subsection (10) of section 332.007, Florida
1169
Statutes, is amended to read:
1170
332.007 Administration and financing of aviation and
1171
airport programs and projects; state plan.—
1172
(10) Subject to the availability of appropriated funds, and
1173
unless otherwise provided in the General Appropriations Act or
1174
the substantive bill implementing the General Appropriations
1175
Act, The department may fund up to 100 percent of eligible
1176
project costs of projects under this section all of the
1177
following at a public-use airport located in a rural community
1178
as defined in s. 288.0656 which does not have any scheduled
1179
commercial service . The department may not require matching
1180
funds for any eligible project at such airports located in rural
1181
areas of opportunity designated under s. 288.0656. Funds
1182
provided pursuant to this section may be provided as matching
1183
funds for eligible projects funded by the Federal Government or
1184
any state agency :
1185
(a) The capital cost of runway and taxiway projects that
1186
add capacity. Such projects must be prioritized based on the
1187
amount of available nonstate matching funds .
1188
(b) Economic development transportation projects pursuant
1189
to s. 339.2821.
1191
Any remaining funds must be allocated for projects specified in
1192
subsection (6).
1193
Section 21. Paragraph (d) is added to subsection (11) of
1194
section 337.11, Florida Statutes, to read:
1195
337.11 Contracting authority of department; bids; emergency
1196
repairs, supplemental agreements, and change orders; combined
1197
design and construction contracts; progress payments; records;
1198
requirements of vehicle registration.—
1199
(11)
1200
(d)1. The department may make direct payments to a first
1201
tier subcontractor. Such payments do not create any enforceable
1202
third-party beneficiary rights. The department shall adopt by
1203
rule procedures to implement this paragraph. Such procedures
1204
must establish the circumstances under which such payments may
1205
be made and must include, at a minimum, all of the following:
1206
a. The contractor has not requested payment from the
1207
department for at least 6 months.
1208
b. There is a binding, written subcontract between the
1209
contractor and the subcontractor, and the department is in
1210
possession of a complete copy of the subcontract.
1211
c. The subcontractor has performed work that is unpaid by
1212
the contractor, and the department has sufficient documentation
1213
of such unpaid work.
1214
d. There is no legitimate dispute between the contractor
1215
and the subcontractor.
1216
e. The department has provided written notice to the
1217
payment and performance bond surety at least 30 days before
1218
releasing a payment under this paragraph, and the surety has not
1219
objected in writing within the 30-day period based on a
1220
documented dispute or claim regarding the unpaid work or
1221
payment.
1222
2. Amounts paid by the department pursuant to rules adopted
1223
under this paragraph must be deducted from amounts otherwise due
1224
to the contractor.
1225
Section 22. Present subsection (6) of section 337.18,
1226
Florida Statutes, is redesignated as subsection (7), and a new
1227
subsection (6) is added to that section, to read:
1228
337.18 Surety bonds for construction or maintenance
1229
contracts; requirement with respect to contract award; bond
1230
requirements; defaults; damage assessments.—
1231
(6) If the department and the surety enter into a takeover
1232
agreement, such agreement must set forth procedures regarding
1233
the surety’s certification of disbursement of payment to
1234
subcontractors.
1235
Section 23. Paragraph (j) is added to subsection (6) of
1236
section 339.175, Florida Statutes, to read:
1237
339.175 Metropolitan planning organization.—
1238
(6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1239
privileges, and authority of an M.P.O. are those specified in
1240
this section or incorporated in an interlocal agreement
1241
authorized under s. 163.01. Each M.P.O. shall perform all acts
1242
required by federal or state laws or rules, now and subsequently
1243
applicable, which are necessary to qualify for federal aid. It
1244
is the intent of this section that each M.P.O. be involved in
1245
the planning and programming of transportation facilities,
1246
including, but not limited to, airports, intercity and high
1247
speed rail lines, seaports, and intermodal facilities, to the
1248
extent permitted by state or federal law. An M.P.O. may not
1249
perform project production or delivery for capital improvement
1250
projects on the State Highway System.
1251
(j) By December 31, 2026, the M.P.O.’s serving Charlotte,
1252
Collier, and Lee Counties must submit to the Governor, the
1253
President of the Senate, and the Speaker of the House of
1254
Representatives a feasibility report exploring the benefits,
1255
costs, and process of consolidation into a single M.P.O. serving
1256
the contiguous urbanized area, the goal of which is to:
1257
1. Coordinate transportation projects deemed to be
1258
regionally significant.
1259
2. Review the impact of regionally significant land use
1260
decisions on the region.
1261
3. Review all proposed regionally significant
1262
transportation projects in the transportation improvement
1263
programs.
1264
Section 24. Section 339.85, Florida Statutes, is amended to
1265
read:
1266
(Substantial rewording of section. See
1267
s. 339.85, F.S., for present text.)
1268
339.85 Next-generation Traffic Signal Modernization Grant
1269
Program.—
1270
(1) The department shall implement a Next-generation
1271
Traffic Signal Modernization Grant Program. The purpose of the
1272
program is to assist counties and municipalities in upgrading
1273
eligible signalized intersections with artificial intelligence-
1274
and machine learning-enabled detection, controllers,
1275
communications, and software that prioritize modernization in
1276
key corridors across this state.
1277
(2)(a) The department shall implement a state-local
1278
partnership through a cost-sharing arrangement as follows:
1279
1. Authorize the department to fund first-year pilot
1280
corridors at up to 80 percent of eligible costs, with a minimum
1281
20 percent local contribution.
1282
2. Authorize the department to fund 50 percent of ensuing
1283
year research and development and installation.
1284
(b) Ongoing maintenance after signal modernization shall be
1285
the responsibility of the local government and the vendor.
1286
(3) The department may waive any local match requirement
1287
for state-owned or state-operated intersections.
1288
(4) The department shall prioritize grant applications for
1289
intersections at which a signal modernization will measurably:
1290
(a) Reduce average control delay and corridor travel times.
1291
(b) Improve surrogate safety measures, such as failures to
1292
stop at red lights and hard-braking events, and support
1293
emergency vehicle preemption.
1294
(c) Provide transit signal priority and multimodal benefits
1295
to pedestrians and cyclists.
1296
(5) The department shall use competitive procurement as
1297
provided in chapter 287 to find a vendor or vendors that use
1298
state-of-the-art technology that complies with leading
1299
cybersecurity standards, such as SOC 2 and ISO 27001, ensuring
1300
robust data protection. Additionally, the program shall:
1301
(a) Require open, interoperable, and secure systems that
1302
avoid vendor lock-in and protect cybersecurity.
1303
(b) Ensure data transparency through standardized
1304
performance dashboards and annual public reports demonstrating
1305
benefits relative to cost.
1306
(c) Coordinate with metropolitan planning organizations,
1307
regional traffic management centers, and law enforcement, fire
1308
rescue, and transit agencies to maximize systemwide benefits.
1309
(d) Encourage use of state-based pilots, sandboxes, and
1310
independent evaluations to validate performance before large
1311
scale rollout.
1312
(e) Support workforce development and local operations
1313
staff training so upgrades remain effective over the life of the
1314
equipment.
1315
(6) Beginning in fiscal year 2026-2027, $20 million is
1316
appropriated annually from the State Transportation Trust Fund
1317
to the department to fund the Next-generation Traffic Signal
1318
Modernization Grant Program as described in this section.
1319
Section 25. Subsection (23) is added to section 775.15,
1320
Florida Statutes, to read:
1321
775.15 Time limitations; general time limitations;
1322
exceptions.—
1323
(23) For a traffic citation enforced pursuant to s.
1324
316.0083, s. 316.173, s. 316.183, or s. 316.1896, the 1-year
1325
period of limitation for a noncriminal violation pursuant to
1326
paragraph (2)(d) is extended for 1 year upon receipt of an
1327
affidavit indicating that the motor vehicle was in the care,
1328
custody, or control of another person at the time of the
1329
violation, as authorized in s. 316.0083, s. 316.173, s. 316.183,
1330
or s. 316.1896, respectively.
1331
Section 26. Railroad crossing safety technology study.—
1332
(1)(a) The Legislature finds that improving safety at
1333
railroad crossings is critical to protecting the lives of
1334
pedestrians, motorists, railway workers, and the general public.
1335
Advanced detection and monitoring systems using such
1336
technologies as sensors, high-resolution cameras, and data
1337
analytics may provide a reliable means to enhance situational
1338
awareness and reduce collisions at railroad crossings.
1339
(b) The Legislature further finds that additional analysis
1340
is necessary to evaluate the effectiveness, feasibility, costs,
1341
and implementation considerations of such systems.
1342
(c) It is the intent of the Legislature to direct the
1343
Department of Transportation to study the technologies
1344
referenced in paragraph (a) before considering any statewide
1345
requirements for their deployment.
1346
(2) As used in this section, the term:
1347
(a) “Advanced detection and monitoring system” means a
1348
system capable of detecting and classifying objects, such as
1349
pedestrians, vehicles, or other obstructions at or approaching a
1350
railroad crossing, using technologies including, but not limited
1351
to, sensors, cameras, and data analytics.
1352
(b) “Public railroad-highway grade crossing” has the same
1353
meaning as provided in s. 335.141(1)(b), Florida Statutes.
1354
(3)(a) The Department of Transportation shall conduct a
1355
statewide study on the use of advanced detection and monitoring
1356
systems at public railroad-highway grade crossings in this
1357
state.
1358
(b) The study must include, but is not limited to, an
1359
analysis of all of the following:
1360
1. Available and emerging advanced detection and monitoring
1361
technologies applicable to railroad crossings.
1362
2. The effectiveness of such technologies in improving
1363
safety outcomes, including collision prevention and hazard
1364
mitigation, based on available data from pilot programs,
1365
deployments in other jurisdictions, or academic research.
1366
3. Technical and operational considerations, including
1367
interoperability with existing railroad safety systems and
1368
operating protocols.
1369
4. Costs associated with the deployment of advanced
1370
detection and monitoring systems, including installation,
1371
operation, maintenance, and long-term lifecycle costs.
1372
5. Potential funding mechanisms, including federal funds,
1373
state funds, grants, or public-private partnerships.
1374
6. Criteria for identifying higher-risk railroad crossings
1375
where such technologies may provide the greatest safety benefit.
1376
7. Legal, regulatory, and operational considerations
1377
related to the deployment and oversight of advanced detection
1378
and monitoring systems.
1379
8. The respective roles of the state, local governments,
1380
and railroad owners in the implementation of such systems.
1381
(4) In conducting the study, the department may consult
1382
with, as appropriate, any of the following:
1383
(a) Railroad owners and railroad industry representatives.
1384
(b) Local governments with jurisdiction over public
1385
railroad-highway grade crossings.
1386
(c) Transportation safety experts and academic
1387
institutions.
1388
(d) Federal agencies or national organizations with
1389
expertise in railroad safety.
1390
(5) By December 1, 2026, the department shall submit a
1391
report of its findings and any recommendations to the Governor,
1392
the President of the Senate, and the Speaker of the House of
1393
Representatives. The report may include policy recommendations
1394
for legislative consideration, but may not recommend or require
1395
the mandatory installation or upgrade of railroad crossings.
1396
Section 27. For the purpose of incorporating the amendment
1397
made by this act to section 318.18, Florida Statutes, in a
1398
reference thereto, section 318.121, Florida Statutes, is
1399
reenacted to read:
1400
318.121 Preemption of additional fees, fines, surcharges,
1401
and costs.—Notwithstanding any general or special law, or
1402
municipal or county ordinance, additional fees, fines,
1403
surcharges, or costs other than the court costs and surcharges
1404
assessed under s. 318.18(12), (14), (19), (20), and (23) may not
1405
be added to the civil traffic penalties assessed under this
1406
chapter.
1407
Section 28. Except as otherwise expressly provided in this
1408
act, this act shall take effect July 1, 2026.