HB 521 full text · Session Watch

1 A bill to be entitled

2 An act relating to fines for violations detected by

3 traffic infraction detectors; repealing ss. 316.0083

4 and 321.50, F.S., relating to the Mark Wandall Traffic

5 Safety Program and authorization to use traffic

6 infraction detectors, respectively; amending ss. 28.37

7 and 316.003, F.S.; conforming provisions to changes

8 made by the act; amending s. 316.008, F.S.;

9 authorizing a county or municipality to issue a fine

10 for certain violations detected through the use of a

11 traffic infraction detector; requiring the fine to be

12 accompanied by a certain photograph or image;

13 repealing s. 316.00831, F.S., relating to distribution

14 of penalties; amending ss. 316.173, 316.1896, 316.640,

15 316.650, 318.121, 318.14, 318.15, 318.18, 320.03, and

16 322.27, F.S.; conforming provisions to changes made by

17 the act; providing an effective date.

19 Be It Enacted by the Legislature of the State of Florida:

21 Section 1. Sections 316.0083 and 321.50, Florida Statutes,

22 are repealed.

23 Section 2. Subsection (6) of section 28.37, Florida

24 Statutes, is amended to read:

25 28.37 Fines, fees, service charges, and costs remitted to

26 the state.—

27 (6) Ten percent of all court-related fines collected by

28 the clerk, except for penalties or fines distributed to counties

29 or municipalities under s. 318.18(16) ~~s. 316.0083(1)(b)3. or s.~~

30 ~~318.18(16)(a),~~ must be deposited into the fine and forfeiture

31 fund to be used exclusively for clerk court-related functions,

32 as provided in s. 28.35(3)(a).

33 Section 3. Subsections (38) and (101) of section 316.003,

34 Florida Statutes, are amended to read:

35 316.003 Definitions.—The following words and phrases, when

36 used in this chapter, shall have the meanings respectively

37 ascribed to them in this section, except where the context

38 otherwise requires:

39 (38) LOCAL HEARING OFFICER.—The person, designated by a

40 ~~department,~~ county, or municipality that elects to authorize

41 traffic infraction enforcement officers to issue traffic

42 citations under s. 316.1896(1) ~~ss. 316.0083(1)(a) and~~

43 ~~316.1896(1),~~ who is authorized to conduct hearings related to a

44 notice of violation issued pursuant to ~~s. 316.0083 or~~ s.

45 316.1896. The charter county, noncharter county, or municipality

46 may use its currently appointed code enforcement board or

47 special magistrate to serve as the local hearing officer. ~~The~~

48 ~~department may enter into an interlocal agreement to use the~~

49 ~~local hearing officer of a county or municipality.~~

50 (101) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor

51 installed to work in conjunction with a traffic control signal

52 and a camera or cameras synchronized to automatically record two

53 or more sequenced photographic or electronic images or streaming

54 video of only the rear of a motor vehicle at the time the

55 vehicle fails to stop behind the stop bar or clearly marked stop

56 line when facing a traffic control signal steady red light. ~~Any~~

57 ~~notification under s. 316.0083(1)(b) or traffic citation issued~~

58 ~~by the use of a traffic infraction detector must include a~~

59 ~~photograph or other recorded image showing both the license tag~~

60 ~~of the offending vehicle and the traffic control device being~~

61 ~~violated.~~

62 Section 4. Subsection (8) of section 316.008, Florida

63 Statutes, is amended to read:

64 316.008 Powers of local authorities.—

65 (8)(a) A county or municipality may use traffic infraction

66 detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a

67 driver fails to stop at a traffic signal on streets and highways

68 under its jurisdiction ~~under s. 316.0083.~~ Only a municipality

69 may install or authorize the installation of any such detectors

70 within the incorporated area of the municipality. Only a county

71 may install or authorize the installation of any such detectors

72 within the unincorporated area of the county.

73 (b) Pursuant to paragraph (a), a municipality may install

74 or, by contract or interlocal agreement, authorize the

75 installation of any such detectors only within the incorporated

76 area of the municipality, and a county may install or, by

77 contract or interlocal agreement, authorize the installation of

78 any such detectors only within the unincorporated area of the

79 county. A county may authorize installation of any such

80 detectors by interlocal agreement on roads under its

81 jurisdiction.

82 (c) ~~Pursuant to s. 316.0083,~~ A county or municipality may

83 use traffic infraction detectors to enforce s. 316.074(1) or s.

84 316.075(1)(c)1. when a driver fails to stop at a traffic signal

85 on state roads under the original jurisdiction of the Department

86 of Transportation when permitted by the Department of

87 Transportation.

88 (d) Notwithstanding any other provision of law, a county

89 or municipality may issue a fine for a violation of s.

90 316.074(1) or s. 316.075(1)(c)1. detected through the use of a

91 traffic infraction detector. The fine must be accompanied by a

92 photograph or other recorded image showing both the license tag

93 of the offending vehicle and the traffic control device being

94 violated.

95 Section 5. Section 316.00831, Florida Statutes, is

96 repealed.

97 Section 6. Paragraph (b) of subsection (6) of section

98 316.173, Florida Statutes, is amended to read:

99 316.173 School bus infraction detection systems.—

100 (6)

101 (b) Procedures for an administrative hearing conducted

102 under this subsection are as follows:

103 1. The department shall make available electronically to

104 the school district or its designee or the county a Request for

105 Hearing form to assist each district or county with

106 administering this subsection.

107 2. A person, referred to in this paragraph as the

108 petitioner, who elects to request a hearing under this

109 subsection shall be scheduled for a hearing. The hearing may be

110 conducted either virtually via live video conferencing or in

111 person.

112 3. Within 120 days after receipt of a timely request for a

113 hearing, the law enforcement agency or its designee shall

114 provide a replica of the notice of violation data to the school

115 district or county by manual or electronic transmission, and

116 thereafter the school district or its designee or the county

117 shall mail a notice of hearing, which shall include a hearing

118 date and may at the discretion of the district or county include

119 virtual and in-person hearing options, to the petitioner by

120 first-class mail. Mailing of the notice of hearing constitutes

121 notification. Upon receipt of the notice of hearing, the

122 petitioner may reschedule the hearing once by submitting a

123 written request to the local hearing officer at least 5 calendar

124 days before the day of the originally scheduled hearing. The

125 petitioner may cancel his or her hearing by paying the penalty

126 assessed in the notice of violation.

127 4. All testimony at the hearing shall be under oath. The

128 local hearing officer shall take testimony from the law

129 enforcement agency and the petitioner, and may take testimony

130 from others. The local hearing officer shall review the video

131 and images recorded by a school bus infraction detection system.

132 Formal rules of evidence do not apply, but due process shall be

133 observed and govern the proceedings.

134 5. At the conclusion of the hearing, the local hearing

135 officer shall determine by a preponderance of the evidence

136 whether a violation has occurred and shall uphold or dismiss the

137 violation. The local hearing officer shall issue a final

138 administrative order including the determination and, if the

139 notice of violation is upheld, require the petitioner to pay the

140 civil penalty previously assessed in the notice of violation,

141 and shall also require the petitioner to pay costs, ~~not to~~

142 ~~exceed those established in s. 316.0083(5)(e),~~ to be used by the

143 county for operational costs relating to the hearing process or

144 by the school district for technology and operational costs

145 relating to the hearing process as well as school transportation

146 safety-related initiatives. The final administrative order shall

147 be mailed to the petitioner by first-class mail.

148 6. An aggrieved party may appeal a final administrative

149 order consistent with the process provided in s. 162.11.

150 Section 7. Subsection (14) of section 316.1896, Florida

151 Statutes, is amended to read:

152 316.1896 Roadways maintained as school zones; speed

153 detection system enforcement; penalties; appeal procedure;

154 privacy; reports.—

155 (14) A hearing under this section must be conducted ~~under~~

156 ~~the procedures established by s. 316.0083(5) and~~ as follows:

157 (a) The department must publish and make available

158 electronically to each county and municipality a model request

159 for hearing form to assist each county or municipality

160 administering this section.

161 (b) A county or municipality electing to authorize traffic

162 infraction enforcement officers to issue uniform traffic

163 citations under subsection (6) must designate by resolution

164 existing staff to serve as the clerk to the local hearing

165 officer.

166 (c) A person, referred to in this subsection as the

167 "petitioner," who elects to request a hearing under subsection

168 (3) must be scheduled for a hearing by the clerk to the local

169 hearing officer. The clerk must furnish the petitioner with

170 notice sent by first-class mail. Upon receipt of the notice, the

171 petitioner may reschedule the hearing up to two times by

172 submitting a written request to reschedule to the clerk at least

173 5 calendar days before the day of the scheduled hearing. The

174 petitioner may cancel his or her appearance before the local

175 hearing officer by paying the penalty assessed under subsection

176 (2), ~~plus the administrative costs established in s.~~

177 ~~316.0083(5)(c),~~ before the start of the hearing.

178 (d) All testimony at the hearing must be under oath and

179 must be recorded. The local hearing officer must take testimony

180 from a traffic infraction enforcement officer and the petitioner

181 and may take testimony from others. The local hearing officer

182 must review the photograph or video captured by the speed

183 detection system and the evidence of the speed of the motor

184 vehicle detected by the speed detection system made available

185 under paragraph (2)(b). Formal rules of evidence do not apply,

186 but due process must be observed and govern the proceedings.

187 (e) At the conclusion of the hearing, the local hearing

188 officer must determine whether a violation under this section

189 occurred and must uphold or dismiss the violation. The local

190 hearing officer must issue a final administrative order

191 including the determination and, if the notice of violation is

192 upheld, must require the petitioner to pay the penalty

193 previously assessed under subsection (2), and may also require

194 the petitioner to pay county or municipal costs ~~not to exceed~~

195 ~~the amount established in s. 316.0083(5)(e).~~ The final

196 administrative order must be mailed to the petitioner by first-

197 class mail.

198 (f) An aggrieved party may appeal a final administrative

199 order consistent with the process provided in s. 162.11.

200 Section 8. Paragraph (b) of subsection (1) and paragraph

201 (a) of subsection (5) of section 316.640, Florida Statutes, are

202 amended to read:

203 316.640 Enforcement.—The enforcement of the traffic laws

204 of this state is vested as follows:

205 (1) STATE.—

206 (b)1. The Department of Transportation has authority to

207 enforce on all the streets and highways of this state all laws

208 applicable within its authority.

209 2.a. The Department of Transportation shall develop

210 training and qualifications standards for toll enforcement

211 officers whose sole authority is to enforce the payment of tolls

212 pursuant to s. 316.1001. Nothing in this subparagraph shall be

213 construed to permit the carrying of firearms or other weapons,

214 nor shall a toll enforcement officer have arrest authority.

215 b. For the purpose of enforcing s. 316.1001, governmental

216 entities, as defined in s. 334.03, which own or operate a toll

217 facility may employ independent contractors or designate

218 employees as toll enforcement officers; however, any such toll

219 enforcement officer must successfully meet the training and

220 qualifications standards for toll enforcement officers

221 established by the Department of Transportation.

222 ~~3. For the purpose of enforcing s. 316.0083, the~~

223 ~~department may designate employees as traffic infraction~~

224 ~~enforcement officers. A traffic infraction enforcement officer~~

225 ~~must successfully complete instruction in traffic enforcement~~

226 ~~procedures and court presentation through the Selective Traffic~~

227 ~~Enforcement Program as approved by the Division of Criminal~~

228 ~~Justice Standards and Training of the Department of Law~~

229 ~~Enforcement, or through a similar program, but may not~~

230 ~~necessarily otherwise meet the uniform minimum standards~~

231 ~~established by the Criminal Justice Standards and Training~~

232 ~~Commission for law enforcement officers or auxiliary law~~

233 ~~enforcement officers under s. 943.13. This subparagraph does not~~

234 ~~authorize the carrying of firearms or other weapons by a traffic~~

235 ~~infraction enforcement officer and does not authorize a traffic~~

236 ~~infraction enforcement officer to make arrests. The department's~~

237 ~~traffic infraction enforcement officers must be physically~~

238 ~~located in the state.~~

239 (5)(a) Any sheriff's department or police department of a

240 municipality may employ, as a traffic infraction enforcement

241 officer, any individual who successfully completes instruction

242 in traffic enforcement procedures and court presentation through

243 the Selective Traffic Enforcement Program as approved by the

244 Division of Criminal Justice Standards and Training of the

245 Department of Law Enforcement, or through a similar program, but

246 who does not necessarily otherwise meet the uniform minimum

247 standards established by the Criminal Justice Standards and

248 Training Commission for law enforcement officers or auxiliary

249 law enforcement officers under s. 943.13. Any such traffic

250 infraction enforcement officer who observes the commission of a

251 traffic infraction or, in the case of a parking infraction, who

252 observes an illegally parked vehicle may issue a traffic

253 citation for the infraction when, based upon personal

254 investigation, he or she has reasonable and probable grounds to

255 believe that an offense has been committed which constitutes a

256 noncriminal traffic infraction as defined in s. 318.14. In

257 addition, any such traffic infraction enforcement officer may

258 issue a traffic citation under s. ~~ss. 316.0083 and~~ 316.1896. For

259 purposes of enforcing ss. ~~316.0083,~~ 316.1895, and 316.183, any

260 sheriff's department or police department of a municipality may

261 designate employees as traffic infraction enforcement officers.

262 The traffic infraction enforcement officers must be physically

263 located in the county of the respective sheriff's or police

264 department. Section 9. Paragraphs (a) and (c) of subsection (3) of

266 section 316.650, Florida Statutes, are amended to read:

267 316.650 Traffic citations.—

268 (3)(a) Except for a traffic citation issued pursuant to s.

269 316.1001, ~~s. 316.0083,~~ s. 316.173, or s. 316.1896, each traffic

270 enforcement officer, upon issuing a traffic citation to an

271 alleged violator of any provision of the motor vehicle laws of

272 this state or of any traffic ordinance of any municipality or

273 town, shall deposit the original traffic citation or, in the

274 case of a traffic enforcement agency that has an automated

275 citation issuance system, the agency shall provide by an

276 electronic transmission a replica of the citation data to the

277 court having jurisdiction over the alleged offense or with its

278 traffic violations bureau within 5 business days after issuance

279 to the violator.

280 (c) If a traffic citation is issued under ~~s. 316.0083 or~~

281 s. 316.1896, the traffic infraction enforcement officer shall

282 provide by electronic transmission a replica of the traffic

283 citation data to the court having jurisdiction over the alleged

284 offense or its traffic violations bureau within 5 business days

285 after the date of issuance of the traffic citation to the

286 violator. If a hearing is requested, the traffic infraction

287 enforcement officer shall provide a replica of the traffic

288 notice of violation data to the clerk for the local hearing

289 officer having jurisdiction over the alleged offense within 14

290 days.

291 Section 10. Section 318.121, Florida Statutes, is amended

292 to read:

293 318.121 Preemption of additional fees, fines, surcharges,

294 and costs.—Notwithstanding any general or special law, or

295 municipal or county ordinance, additional fees, fines,

296 surcharges, or costs other than the court costs and surcharges

297 assessed under s. 318.18(12), (14), (19), and (20), ~~and (23)~~ may

298 not be added to the civil traffic penalties assessed under this

299 chapter.

300 Section 11. Subsection (2) of section 318.14, Florida

301 Statutes, is amended to read:

302 318.14 Noncriminal traffic infractions; exception;

303 procedures.—

304 (2) Except as provided in ss. 316.1001(2), ~~316.0083,~~

305 316.173, and 316.1896, any person cited for a violation

306 requiring a mandatory hearing listed in s. 318.19 or any other

307 criminal traffic violation listed in chapter 316 must sign and

308 accept a citation indicating a promise to appear. The officer

309 may indicate on the traffic citation the time and location of

310 the scheduled hearing. The officer must indicate the applicable

311 civil penalty established in s. 318.18, except for infractions

312 under s. 318.19(5) or s. 316.1926(2). For all other infractions

313 under this section, except for infractions under s. 316.1001,

314 the officer must certify by electronic, electronic facsimile, or

315 written signature that the citation was delivered to the person

316 cited. This certification is prima facie evidence that the

317 person cited was served with the citation.

318 Section 12. Subsection (3) of section 318.15, Florida

319 Statutes, is amended to read:

320 318.15 Failure to comply with civil penalty or to appear;

321 penalty.—

322 ~~(3) The clerk shall notify the department of persons who~~

323 ~~were mailed a notice of violation of s. 316.074(1) or s.~~

324 ~~316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter~~

325 ~~into, or comply with the terms of, a penalty payment plan, or~~

326 ~~order with the clerk to the local hearing officer or failed to~~

327 ~~appear at a scheduled hearing within 10 days after such failure,~~

328 ~~and shall reference the person's driver license number, or in~~

329 ~~the case of a business entity, vehicle registration number.~~

330 ~~(a) Upon receipt of such notice, the department, or~~

331 ~~authorized agent thereof, may not issue a license plate or~~

332 ~~revalidation sticker for any motor vehicle owned or co-owned by~~

333 ~~that person pursuant to s. 320.03(8) until the amounts assessed~~

334 ~~have been fully paid.~~

335 ~~(b) After the issuance of the person's license plate or~~

336 ~~revalidation sticker is withheld pursuant to paragraph (a), the~~

337 ~~person may challenge the withholding of the license plate or~~

338 ~~revalidation sticker only on the basis that the outstanding~~

339 ~~fines and civil penalties have been paid pursuant to s.~~

340 ~~320.03(8).~~

341 Section 13. Subsection (24) of section 318.18, Florida

342 Statutes, is renumbered as subsection (23), and paragraph (c) of

343 subsection (5), subsection (16), and present subsection (23) of

344 that section are amended to read:

345 318.18 Amount of penalties.—The penalties required for a

346 noncriminal disposition pursuant to s. 318.14 or a criminal

347 offense listed in s. 318.17 are as follows:

348 (5)

349 (c)1. In addition to the penalty under subparagraph (a)2.

350 or subparagraph (b)2., if, at an administrative hearing

351 contesting a notice of violation, the alleged offender is found

352 to have committed this offense, costs shall be imposed, ~~not to~~

353 ~~exceed those established in s. 316.0083(5)(e),~~ to be paid by the

354 petitioner and to be used by the county for the operational

355 costs related to the hearing or the school district for

356 technology and operational costs relating to the hearing as well

357 as school transportation safety-related initiatives.

358 Notwithstanding any other provision of law, if a county's local

359 hearing officer administers the administrative hearing process

360 for a contested notice of violation, the costs imposed under

361 this subparagraph resulting from notice of violation shall be

362 remitted to the county at least monthly.

363 2. In addition to the penalty under paragraph (a) or

364 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).

365 If the alleged offender is found to have committed the offense,

366 the court shall impose the civil penalty under paragraph (a) or

367 paragraph (b) plus an additional $65. The additional $65

368 collected under this subparagraph shall be remitted to the

369 Department of Revenue for deposit into the Emergency Medical

370 Services Trust Fund of the Department of Health to be used as

371 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or

372 (b) is enforced by a school bus infraction detection system

373 pursuant to s. 316.173, the additional amount imposed on a

374 notice of violation, on a uniform traffic citation, or by the

375 court under this paragraph must be $25, in lieu of the

376 additional $65, and, notwithstanding any other provision of law,

377 the civil penalties and additional costs must be remitted to the

378 participating school district at least monthly and used pursuant

379 to s. 316.173(8).

380 (16)(a)1. One hundred and fifty-eight dollars for a

381 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver

382 has failed to stop at a traffic signal ~~and when enforced by a~~

383 ~~law enforcement officer.~~ Sixty dollars shall be distributed as

384 provided in s. 318.21, $30 shall be distributed to the General

385 Revenue Fund, $3 shall be remitted to the Department of Revenue

386 for deposit into the Brain and Spinal Cord Injury Trust Fund,

387 and the remaining $65 shall be remitted to the Department of

388 Revenue for deposit into the Emergency Medical Services Trust

389 Fund of the Department of Health.

390 ~~2. One hundred and fifty-eight dollars for a violation of~~

391 ~~s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to~~

392 ~~stop at a traffic signal and when enforced by the department's~~

393 ~~traffic infraction enforcement officer. One hundred dollars~~

394 ~~shall be remitted to the Department of Revenue for deposit into~~

395 ~~the General Revenue Fund, $45 shall be distributed to the county~~

396 ~~for any violations occurring in any unincorporated areas of the~~

397 ~~county or to the municipality for any violations occurring in~~

398 ~~the incorporated boundaries of the municipality in which the~~

399 ~~infraction occurred, $10 shall be remitted to the Department of~~

400 ~~Revenue for deposit into the Department of Health Emergency~~

401 ~~Medical Services Trust Fund for distribution as provided in s.~~

402 ~~395.4036(1), and $3 shall be remitted to the Department of~~

403 ~~Revenue for deposit into the Brain and Spinal Cord Injury Trust~~

404 ~~Fund.~~

405 ~~3. One hundred and fifty-eight dollars for a violation of~~

406 ~~s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to~~

407 ~~stop at a traffic signal and when enforced by a county's or~~

408 ~~municipality's traffic infraction enforcement officer. Seventy-~~

409 ~~five dollars shall be distributed to the county or municipality~~

410 ~~issuing the traffic citation, $70 shall be remitted to the~~

411 ~~Department of Revenue for deposit into the General Revenue Fund,~~

412 ~~$10 shall be remitted to the Department of Revenue for deposit~~

413 ~~into the Department of Health Emergency Medical Services Trust~~

414 ~~Fund for distribution as provided in s. 395.4036(1), and $3~~

415 ~~shall be remitted to the Department of Revenue for deposit into~~

416 ~~the Brain and Spinal Cord Injury Trust Fund.~~

417 (b) Amounts deposited into the Brain and Spinal Cord

418 Injury Trust Fund pursuant to this subsection shall be

419 distributed quarterly to the Miami Project to Cure Paralysis and

420 shall be used for brain and spinal cord research.

421 ~~(c) If a person who is mailed a notice of violation or~~

422 ~~cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as~~

423 ~~enforced by a traffic infraction enforcement officer under s.~~

424 ~~316.0083, presents documentation from the appropriate~~

425 ~~governmental entity that the notice of violation or traffic~~

426 ~~citation was in error, the clerk of court or clerk to the local~~

427 ~~hearing officer may dismiss the case. The clerk of court or~~

428 ~~clerk to the local hearing officer may not charge for this~~

429 ~~service.~~

430 (c)(d) An individual may not receive a commission or per-

431 ticket fee from any revenue collected from violations detected

432 through the use of a traffic infraction detector. A manufacturer

433 or vendor may not receive a fee or remuneration based upon the

434 number of violations detected through the use of a traffic

435 infraction detector.

436 (d)(e) Funds deposited into the Department of Health

437 Emergency Medical Services Trust Fund under this subsection

438 shall be distributed as provided in s. 395.4036(1).

439 ~~(23) In addition to the penalty prescribed under s.~~

440 ~~316.0083 for violations enforced under s. 316.0083 which are~~

441 ~~upheld, the local hearing officer may also order the payment of~~

442 ~~county or municipal costs, not to exceed $250.~~

443 Section 14. Subsection (8) of section 320.03, Florida

444 Statutes, is amended to read:

445 320.03 Registration; duties of tax collectors;

446 International Registration Plan.—

447 (8) If the applicant's name appears on the list referred

448 to in s. 316.1001(4), s. 316.1967(6), ~~s. 318.15(3),~~ or s.

449 713.78(13), a license plate or revalidation sticker may not be

450 issued until that person's name no longer appears on the list or

451 until the person presents a receipt from the governmental entity

452 or the clerk of court that provided the data showing that the

453 fines outstanding have been paid. This subsection does not apply

454 to the owner of a leased vehicle if the vehicle is registered in

455 the name of the lessee of the vehicle. The tax collector and the

456 clerk of the court are each entitled to receive monthly, as

457 costs for implementing and administering this subsection, 10

458 percent of the civil penalties and fines recovered from such

459 persons. As used in this subsection, the term "civil penalties

460 and fines" does not include a wrecker operator's lien as

461 described in s. 713.78(13). If the tax collector has private tag

462 agents, such tag agents are entitled to receive a pro rata share

463 of the amount paid to the tax collector, based upon the

464 percentage of license plates and revalidation stickers issued by

465 the tag agent compared to the total issued within the county.

466 The authority of any private agent to issue license plates shall

467 be revoked, after notice and a hearing as provided in chapter

468 120, if he or she issues any license plate or revalidation

469 sticker contrary to the provisions of this subsection. This

470 section applies both to the annual renewal of a motor vehicle

471 registration and the replacement of the motor vehicle

472 registration or license plate, but does not apply to the

473 transfer of a registration of a motor vehicle sold by a motor

474 vehicle dealer licensed under this chapter, except for the

475 transfer of registrations which includes the annual renewals.

476 This section does not affect the issuance of the title to a

477 motor vehicle, notwithstanding s. 319.23(8)(b).

478 Section 15. Paragraph (d) of subsection (3) of section

479 322.27, Florida Statutes, is amended to read:

480 322.27 Authority of department to suspend or revoke driver

481 license or identification card.—

482 (3) There is established a point system for evaluation of

483 convictions of violations of motor vehicle laws or ordinances,

484 and violations of applicable provisions of s. 403.413(6)(b) when

485 such violations involve the use of motor vehicles, for the

486 determination of the continuing qualification of any person to

487 operate a motor vehicle. The department is authorized to suspend

488 the license of any person upon showing of its records or other

489 good and sufficient evidence that the licensee has been

490 convicted of violation of motor vehicle laws or ordinances, or

491 applicable provisions of s. 403.413(6)(b), amounting to 12 or

492 more points as determined by the point system. The suspension

493 shall be for a period of not more than 1 year.

494 (d) The point system shall have as its basic element a

495 graduated scale of points assigning relative values to

496 convictions of the following violations:

497 1. Reckless driving, willful and wanton—4 points.

498 2. Leaving the scene of a crash resulting in property

499 damage of more than $50—6 points.

500 3. Unlawful speed, or unlawful use of a wireless

501 communications device, resulting in a crash—6 points.

502 4. Passing a stopped school bus:

503 a. Not causing or resulting in serious bodily injury to or

504 death of another—4 points.

505 b. Causing or resulting in serious bodily injury to or

506 death of another—6 points.

507 c. Points may not be imposed for a violation of passing a

508 stopped school bus as provided in s. 316.172(1)(a) or (b) when

509 enforced by a school bus infraction detection system pursuant to

510 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)

511 when enforced by a school bus infraction detection system

512 pursuant to s. 316.173 may not be used for purposes of setting

513 motor vehicle insurance rates.

514 5. Unlawful speed:

515 a. Not in excess of 15 miles per hour of lawful or posted

516 speed—3 points.

517 b. In excess of 15 miles per hour of lawful or posted

518 speed—4 points.

519 c. Points may not be imposed for a violation of unlawful

520 speed as provided in s. 316.1895 or s. 316.183 when enforced by

521 a traffic infraction enforcement officer pursuant to s.

522 316.1896. In addition, a violation of s. 316.1895 or s. 316.183

523 when enforced by a traffic infraction enforcement officer

524 pursuant to s. 316.1896 may not be used for purposes of setting

525 motor vehicle insurance rates.

526 6. A violation of a traffic control signal device as

527 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.

528 ~~However, points may not be imposed for a violation of s.~~

529 ~~316.074(1) or s. 316.075(1)(c)1. when a driver has failed to~~

530 ~~stop at a traffic signal and when enforced by a traffic~~

531 ~~infraction enforcement officer. In addition, a violation of s.~~

532 ~~316.074(1) or s. 316.075(1)(c)1. when a driver has failed to~~

533 ~~stop at a traffic signal and when enforced by a traffic~~

534 ~~infraction enforcement officer may not be used for purposes of~~

535 ~~setting motor vehicle insurance rates.~~

536 7. Unlawfully driving a vehicle through a railroad-highway

537 grade crossing—6 points.

538 8. All other moving violations (including parking on a

539 highway outside the limits of a municipality)—3 points. However,

540 points may not be imposed for a violation of s. 316.2065(11);

541 and points may be imposed for a violation of s. 316.1001 only

542 when imposed by the court after a hearing pursuant to s.

543 318.14(5).

544 9. Any moving violation covered in this paragraph,

545 excluding unlawful speed and unlawful use of a wireless

546 communications device, resulting in a crash—4 points.

547 10. Any conviction under s. 403.413(6)(b)—3 points.

548 11. Any conviction under s. 316.0775(2)—4 points.

549 12. A moving violation covered in this paragraph which is

550 committed in conjunction with the unlawful use of a wireless

551 communications device within a school safety zone—2 points, in

552 addition to the points assigned for the moving violation.

553 Section 16. This act shall take effect July 1, 2026.