CS/CS/SB 654 full text · Session Watch

Florida Senate - 2026 CS for CS for SB 654 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator DiCeglie 606-02294-26 2026654c2

1 A bill to be entitled

2 An act relating to traffic infraction enforcement;

3 amending s. 28.37, F.S.; deleting a provision

4 exempting certain penalties and fines from a

5 requirement that a certain percentage of all court

6 related fines collected by the clerk be deposited into

7 the fines and forfeiture fund for a specified purpose;

8 amending s. 316.003, F.S.; revising the definitions of

9 the terms “local hearing officer” and “speed detection

10 system”; amending s. 316.008, F.S.; revising the

11 periods during which a county or municipality may

12 enforce school zone speed limits, and the violations

13 for which such enforcement is authorized, through the

14 use of a speed detection system; prohibiting the

15 enforcement of a school zone speed limit through the

16 use of a speed detection system under certain

17 circumstances; revising the circumstances for which a

18 county or municipality may place or install, or

19 contract with a vendor to place or install, a speed

20 detection system within a roadway maintained as a

21 school zone; amending s. 316.0083, F.S.; deleting a

22 provision prohibiting the issuance of certain notices

23 of violation and traffic citations for failure to stop

24 before crossing over a stop line or other point at

25 which a stop is required under certain circumstances;

26 defining the term “careful and prudent manner”;

27 providing that certain counties and municipalities are

28 responsible for and must maintain certain data for a

29 specified period; requiring the Department of Highway

30 Safety and Motor Vehicles to provide to the Governor

31 and the Legislature recommended legislation, rather

32 than necessary legislation, with a certain report;

33 providing that certain hearings may be conducted

34 either virtually or in person; prohibiting the use of

35 a traffic infraction detector for remote surveillance;

36 providing construction; specifying the purposes for

37 which video and images recorded by a traffic

38 infraction detector may be used; requiring that a

39 traffic infraction detector use technology to obscure

40 certain personal identifying information; providing

41 that certain notices of violation and uniform traffic

42 citations may not be dismissed for a specified reason;

43 requiring the destruction of certain recorded videos

44 and images within a certain timeframe; requiring a

45 traffic infraction detector vendor annually to provide

46 certain written notice to the county or municipality;

47 providing that motor vehicle registration and owner

48 information obtained in a certain manner is not the

49 property of certain manufacturers and vendors;

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

51 of penalties collected under the Mark Wandall Traffic

52 Safety Program; amending s. 316.07456, F.S.; deleting

53 obsolete provisions; amending s. 316.0776, F.S.;

54 providing that only warnings may be issued for certain

55 violations during the duration of a certain public

56 awareness campaign; deleting an obsolete provision;

57 prohibiting a county or municipality from operating a

58 speed detection system under certain circumstances;

59 conforming provisions to changes made by the act;

60 amending s. 316.173, F.S.; requiring district school

61 board authorization and a public hearing process

62 before a school district may place or install, or

63 contract with a vendor to install, operate, and

64 maintain, school bus infraction detection systems;

65 providing requirements for such authorization and

66 public hearing process; requiring a school district

67 that establishes a school bus infraction detection

68 system program after a certain date to enter into a

69 certain interlocal agreement before beginning its

70 school bus infraction detection system program;

71 providing that law enforcement agencies may authorize

72 traffic infraction enforcement officers to issue

73 certain uniform traffic citations for violations

74 enforced through the use of a school bus infraction

75 detection system; providing construction; deleting a

76 prohibition on raising certain arguments in a

77 proceeding challenging certain traffic violations;

78 deleting a required evidentiary standard for certain

79 findings and determinations by local hearing officers;

80 revising the notice of hearing process; revising the

81 number of times a petitioner may reschedule a certain

82 hearing; requiring a petitioner to pay certain costs

83 before the start of the hearing in order to cancel the

84 hearing; requiring that certain testimony be recorded;

85 authorizing, rather than requiring, a local hearing

86 officer to require a petitioner to pay certain costs;

87 revising authorized uses for videos and images

88 recorded as part of a school bus infraction detection

89 system; requiring a school district that operates a

90 school bus infraction detection system annually to

91 report the results of such systems at a meeting of the

92 school board; providing requirements for such meeting;

93 prohibiting certain arguments in a proceeding

94 challenging certain traffic violations; prohibiting a

95 school district from operating school bus infraction

96 detection systems under certain circumstances;

97 requiring certain school districts to submit a certain

98 report to the department annually, rather than

99 quarterly; requiring the department to publish certain

100 reports on its website; deleting obsolete provisions;

101 conforming provisions to changes made by the act;

102 amending s. 316.1896, F.S.; revising the periods for

103 which a county or municipality may authorize a traffic

104 infraction enforcement officer to issue certain

105 uniform traffic citations; prohibiting the enforcement

106 of a school zone speed limit through the use of a

107 speed detection system under certain circumstances;

108 revising the period within which a person may take

109 certain action after receiving a notice of violation;

110 prohibiting an individual from receiving certain

111 commissions or per-ticket fees under a contract

112 established or renewed on or after a certain date;

113 prohibiting a manufacturer or vendor of speed

114 detection systems from receiving certain fees or

115 remuneration; providing that certain hearings may be

116 conducted either virtually or in person; revising

117 authorized uses for videos and images recorded as part

118 of a speed detection system; deleting an obsolete

119 provision; revising information that must be included

120 in certain reports; deleting a provision authorizing

121 the department to require quarterly submission of

122 certain data components; requiring the department to

123 publish certain reports on its website; conforming

124 provisions to changes made by the act; reordering and

125 amending s. 316.1906, F.S.; conforming provisions to

126 changes made by the act; making a technical change;

127 amending ss. 316.640, 316.650, and 318.15, F.S.;

128 conforming provisions to changes made by the act;

129 amending s. 318.18, F.S.; prohibiting an individual

130 from receiving certain commissions or per-ticket fees

131 under a contract established or renewed on or after a

132 certain date; prohibiting a manufacturer or vendor of

133 speed detection systems from receiving certain fees or

134 remuneration; providing exceptions to requirements

135 that certain civil penalties be remitted to school

136 districts; conforming provisions to changes made by

137 the act; amending s. 320.02, F.S.; authorizing the

138 department to withhold registration or reregistration

139 of a motor vehicle under certain circumstances;

140 amending s. 322.27, F.S.; prohibiting the

141 admissibility of certain infractions as character

142 evidence; conforming provisions to changes made by the

143 act; amending s. 775.15, F.S.; providing that a 1-year

144 period of limitation for certain noncriminal

145 violations resets upon receipt of certain affidavits;

146 amending s. 1006.21, F.S.; conforming a provision to

147 changes made by the act; reenacting s. 318.121, F.S.,

148 relating to preemption of additional fees, fines,

149 surcharges, and costs, to incorporate the amendment

150 made to s. 318.18, F.S., in a reference thereto;

151 providing an effective date.

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

155 Section 1. Subsection (6) of section 28.37, Florida

156 Statutes, is amended to read:

157 28.37 Fines, fees, service charges, and costs remitted to

158 the state.—

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

160 clerk ~~, except for penalties or fines distributed to counties or~~

161 ~~municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a),~~

162 must be deposited into the fine and forfeiture fund to be used

163 exclusively for clerk court-related functions, as provided in s.

164 28.35(3)(a).

165 Section 2. Subsections (38) and (84) of section 316.003,

166 Florida Statutes, are amended to read:

167 316.003 Definitions.—The following words and phrases, when

168 used in this chapter, shall have the meanings respectively

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

170 otherwise requires:

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

172 department, county, or municipality , or school district that

173 elects to authorize traffic infraction enforcement officers to

174 issue traffic citations under s. 316.0083(1)(a), s.

175 316.173(1)(f), or s. 316.1896(1) ~~ss. 316.0083(1)(a) and~~

176 ~~316.1896(1)~~ , who is authorized to conduct hearings related to a

177 notice of violation issued pursuant to s. 316.0083 , s. 316.173,

178 or s. 316.1896. A ~~The charter~~ county ~~, noncharter county,~~ or

179 municipality may use its ~~currently~~ appointed code enforcement

180 board or special magistrate to serve as the local hearing

181 officer. A school district may appoint an attorney who is, and

182 has been for the preceding 5 years, a member in good standing of

183 The Florida Bar to serve as the local hearing officer or may

184 enter into an interlocal agreement to use the local hearing

185 officer of the county. The department may enter into an

186 interlocal agreement to use the local hearing officer of a

187 county or municipality.

188 (84) SPEED DETECTION SYSTEM.—A portable or fixed automated

189 system used to detect a motor vehicle’s speed using radar or

190 LiDAR and to capture a photograph or video of the rear of a

191 motor vehicle that exceeds the speed limit in a school zone

192 during the times listed in s. 316.1895(5) ~~force at the time of~~

193 ~~the violation~~ .

194 Section 3. Paragraphs (a) and (b) of subsection (9) of

195 section 316.008, Florida Statutes, are amended to read:

196 316.008 Powers of local authorities.—

197 (9)(a) A county or municipality may enforce the applicable

198 speed limit on a roadway properly maintained as a school zone

199 pursuant to s. 316.1895 during the times listed in s.

200 316.1895(5) :

201 ~~1. Within 30 minutes before through 30 minutes after the~~

202 ~~start of a regularly scheduled breakfast program;~~

203 ~~2. Within 30 minutes before through 30 minutes after the~~

204 ~~start of a regularly scheduled school session;~~

205 ~~3. During the entirety of a regularly scheduled school~~

206 ~~session; and~~

207 ~~4. Within 30 minutes before through 30 minutes after the~~

208 ~~end of a regularly scheduled school session~~

210 through the use of a speed detection system for the detection of

211 speed and capturing of photographs or videos for violations in

212 excess of 10 miles per hour over the school zone speed limit in

213 ~~force at the time of the violation~~ . A school zone’s compliance

214 with s. 316.1895 creates a rebuttable presumption that the

215 school zone is properly maintained. The school zone speed limit

216 may not be enforced through the use of a speed detection system

217 if any flashing beacon used to provide notice of the times

218 during which a restrictive school speed limit is being enforced

219 in the school zone is not activated at the time of the

220 violation.

221 (b) A county or municipality may place or install, or

222 contract with a vendor to place or install, a speed detection

223 system within a roadway maintained as a school zone as provided

224 in s. 316.1895 to enforce school zone ~~unlawful~~ speed limit

225 violations, as specified in s. 316.1895(10) , which are in excess

226 of 10 miles per hour over the school zone speed limit ~~or s.~~

227 ~~316.183,~~ on that roadway.

228 Section 4. Paragraph (a) of subsection (1) and subsections

229 (2), (4), and (5) of section 316.0083, Florida Statutes, are

230 amended, and subsection (6) is added to that section, to read:

231 316.0083 Mark Wandall Traffic Safety Program;

232 administration; report.—

233 (1)(a) For purposes of administering this section, the

234 department, a county, or a municipality may authorize a traffic

235 infraction enforcement officer under s. 316.640 to issue a

236 traffic citation for a violation of s. 316.074(1) or s.

237 316.075(1)(c)1. ~~A notice of violation and a traffic citation may~~

238 ~~not be issued for failure to stop at a red light if the driver~~

239 ~~is making a right-hand turn in a careful and prudent manner at~~

240 ~~an intersection where right-hand turns are permissible. A notice~~

241 ~~of violation and a traffic citation may not be issued under this~~

242 ~~section if the driver of the vehicle came to a complete stop~~

243 ~~after crossing the stop line and before turning right if~~

244 ~~permissible at a red light, but failed to stop before crossing~~

245 ~~over the stop line or other point at which a stop is required.~~

246 This paragraph does not prohibit a review of information from a

247 traffic infraction detector by an authorized employee or agent

248 of the department, a county, or a municipality before issuance

249 of the traffic citation by the traffic infraction enforcement

250 officer. This paragraph does not prohibit the department, a

251 county, or a municipality from issuing notification as provided

252 in paragraph (b) to the registered owner of the motor vehicle

253 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.

254 (2) A notice of violation and a traffic citation may not be

255 issued under this section for failure to stop at a red light if

256 the driver is making a right-hand turn in a careful and prudent

257 manner at an intersection where right-hand turns are

258 permissible. For purposes of this subsection, the term “careful

259 and prudent manner” means that the driver made a right-hand turn

260 after coming to a complete stop and, in the traffic enforcement

261 officer’s determination, failed to yield to a pedestrian or

262 bicyclist or placed a pedestrian or bicyclist in danger of

263 injury as a result of the right-hand turn, failed to yield to

264 another vehicle, or did not substantially reduce the speed of

265 the motor vehicle before making the right-hand turn.

266 (4)(a)1. A county or municipality that desires to have one

267 or more traffic infraction detectors placed or installed on or

268 after July 1, 2025, in an area where no traffic infraction

269 detectors are currently placed or installed must enact an

270 ordinance in order to authorize the placement or installation

271 of, or to authorize contracting with a vendor for the placement

272 or installation of, one or more traffic infraction detectors to

273 enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the

274 public hearing on such proposed ordinance, the county or

275 municipality must consider traffic data or other evidence

276 supporting the installation and operation of each traffic

277 infraction detector, and the county or municipality must

278 determine that the intersection at which a traffic infraction

279 detector is to be placed or installed constitutes a heightened

280 safety risk that warrants additional enforcement measures.

281 2. A county or municipality that operates one or more

282 traffic infraction detectors must annually report the results of

283 all traffic infraction detectors within the county’s or

284 municipality’s jurisdiction by placing the annual report to the

285 department required under paragraph (b) as a single reporting

286 item on the agenda of a regular or special meeting of the

287 county’s or municipality’s governing body. Before a county or

288 municipality contracts or renews a contract to place or install

289 one or more traffic infraction detectors, the county or

290 municipality must approve the contract or contract renewal at a

291 regular or special meeting of the county’s or municipality’s

292 governing body.

293 a. Interested members of the public must be allowed to

294 comment regarding the report, contract, or contract renewal

295 under the county’s or municipality’s public comment policies or

296 procedures ~~formats~~ , and the report, contract, or contract

297 renewal may not be considered as part of a consent agenda.

298 b. The report required under this subparagraph must include

299 a written summary, which must be read aloud at the regular or

300 special meeting, and the summary must contain, for the same time

301 period pertaining to the annual report to the department

302 required under paragraph (b), the number of notices of violation

303 issued, the number that were contested, the number that were

304 upheld, the number that were dismissed, the number that were

305 issued as uniform traffic citations, and the number that were

306 paid and how collected funds were distributed and in what

307 amounts. The county or municipality must report to the

308 department that the county’s or municipality’s annual report was

309 considered in accordance with this subparagraph, including the

310 date of the regular or special meeting at which the annual

311 report was considered.

312 3. The compliance or sufficiency of compliance with this

313 paragraph may not be raised in a proceeding challenging a

314 violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a

315 traffic infraction detector.

316 4. A county or municipality that does not comply with this

317 paragraph may not operate ~~is suspended from operating~~ traffic

318 infraction detectors under this subsection until such

319 noncompliance is corrected.

320 (b) Each county or municipality that operates a traffic

321 infraction detector shall submit a report by October 1,

322 annually, to the department which details the results of using

323 the traffic infraction detector and the procedures for

324 enforcement for the preceding state fiscal year. The information

325 submitted by the counties and municipalities must include:

326 1. The number of notices of violation issued, the number

327 that were contested, the number that were upheld, the number

328 that were dismissed, the number that were issued as uniform

329 traffic citations, the number that were paid, and the number in

330 each of the preceding categories for which the notice of

331 violation was issued for a right-hand turn violation.

332 2. A description of alternative safety countermeasures

333 taken before and after the placement or installation of a

334 traffic infraction detector.

335 3. Statistical data and information required by the

336 department to complete the summary report required under

337 paragraph (d) ~~(c)~~ .

339 The department shall ~~must~~ publish on its website each report

340 submitted by a county or municipality pursuant to this paragraph

341 ~~on its website~~ .

342 (c) Each county or municipality that operates a traffic

343 infraction detector is responsible for and shall maintain its

344 respective data for reporting purposes under this subsection for

345 at least 2 years after such data is reported to the department.

346 (d) On or before December 31, annually, the department

347 shall provide a summary report to the Governor, the President of

348 the Senate, and the Speaker of the House of Representatives

349 regarding the use and operation of traffic infraction detectors

350 under this section, along with the department’s recommendations

351 and any recommended ~~necessary~~ legislation. The summary report

352 must include a review of the information submitted to the

353 department by the counties and municipalities and must describe

354 the enhancement of the traffic safety and enforcement programs.

355 (5) Procedures for a hearing under this section are as

356 follows:

357 (a) The department shall publish and make available

358 electronically to each county and municipality a model Request

359 for Hearing form to assist each county and municipality ~~local~~

360 ~~government~~ administering this section.

361 (b) The ~~charter county, noncharter~~ county , or municipality

362 electing to authorize traffic infraction enforcement officers to

363 issue traffic citations under paragraph (1)(a) shall designate

364 by resolution existing staff to serve as the clerk to the local

365 hearing officer.

366 (c) Any person, herein referred to as the “petitioner,” who

367 elects to request a hearing under paragraph (1)(b) must ~~shall~~ be

368 scheduled for a hearing . The hearing may be conducted either

369 virtually through live video conferencing or in person. The

370 clerk to the local hearing officer shall provide the petitioner

371 with notice of the hearing, including the option for a virtual

372 or in-person hearing, which must ~~by the clerk to the local~~

373 ~~hearing officer to appear before a local hearing officer with~~

374 ~~notice to~~ be sent by first-class mail. Upon receipt of the

375 notice, the petitioner may reschedule the hearing up to two

376 times ~~once~~ by submitting a written request to reschedule to the

377 clerk to the local hearing officer , at least 5 calendar days

378 before the day of the originally scheduled hearing. The

379 petitioner may cancel his or her appearance before the local

380 hearing officer by paying the penalty assessed under paragraph

381 (1)(b), plus $50 in administrative costs, before the start of

382 the hearing.

383 (6)(a)1. A traffic infraction detector may not be used for

384 remote surveillance. The collection of evidence by a traffic

385 infraction detector to enforce violations of s. 316.074(1) or s.

386 316.075(1)(c)1. does not constitute remote surveillance.

387 2. Video and images recorded by a traffic infraction

388 detector may be used only for the enforcement of violations of

389 s. 316.074(1) or s. 316.075(1)(c)1. and for purposes of

390 determining criminal or civil liability captured by the traffic

391 infraction detector incidental to the permissible use of a

392 traffic infraction detector.

393 3. To the extent practicable, a traffic infraction detector

394 must use necessary technology to ensure that personal

395 identifying information contained in the video and images

396 recorded by the traffic infraction detector which is not

397 relevant to the alleged violation is sufficiently obscured so as

398 to not reveal such personal identifying information.

399 4. A notice of violation or a uniform traffic citation

400 issued under this section may not be dismissed solely because

401 the recorded video or images reveal personal identifying

402 information as provided in subparagraph 3. as long as a

403 reasonable effort has been made to comply with this subsection.

404 (b) Any recorded video or image obtained through the use of

405 a traffic infraction detector must be destroyed within 90 days

406 after the final disposition of the recorded event. The vendor of

407 the traffic infraction detector must provide the county or

408 municipality with written notice by December 31 of each year

409 that such records have been destroyed in accordance with this

410 paragraph.

411 (c) Notwithstanding any other law, motor vehicle

412 registration and owner information obtained as the result of the

413 operation of a traffic infraction detector is not the property

414 of the manufacturer or vendor of the traffic infraction detector

415 and may be used only for purposes authorized in this section.

416 Section 5. Section 316.00831, Florida Statutes, is

417 repealed.

418 Section 6. Section 316.07456, Florida Statutes, is amended

419 to read:

420 316.07456 Traffic infraction detectors; specifications

421 ~~Transitional implementation~~ .—Any traffic infraction detector

422 deployed on the highways, streets, and roads of this state must

423 meet specifications established by the Department of

424 Transportation, and must be tested at regular intervals

425 according to specifications prescribed by the Department of

426 Transportation. ~~The Department of Transportation must establish~~

427 ~~such specifications on or before December 31, 2010. However, any~~

428 ~~such equipment acquired by purchase, lease, or other arrangement~~

429 ~~under an agreement entered into by a county or municipality on~~

430 ~~or before July 1, 2011, or equipment used to enforce an~~

431 ~~ordinance enacted by a county or municipality on or before July~~

432 ~~1, 2011, is not required to meet the specifications established~~

433 ~~by the Department of Transportation until July 1, 2011.~~

434 Section 7. Paragraph (b) of subsection (2) and subsection

435 (3) of section 316.0776, Florida Statutes, are amended to read:

436 316.0776 Traffic infraction detectors; speed detection

437 systems; placement and installation.—

438 (2)

439 (b) If the department, county, or municipality begins a

440 traffic infraction detector program in a county or municipality

441 that has never conducted such a program, the respective

442 department, county, or municipality must ~~shall~~ also make a

443 public announcement and conduct a public awareness campaign of

444 the proposed use of traffic infraction detectors at least 30

445 days before commencing the enforcement program. During the 30

446 day public awareness campaign, only a warning may be issued to

447 the registered owner of a motor vehicle for a violation of s.

448 316.074(1) or s. 316.075(1)(c)1. enforced by a traffic

449 infraction detector, and a penalty may not be imposed pursuant

450 to s. 318.18(16)(a)2. or 3.

451 (3) A speed detection system authorized by s. 316.008(9)

452 may be placed or installed in a school zone on a state road when

453 permitted by the Department of Transportation and in accordance

454 with placement and installation specifications developed by the

455 Department of Transportation. The speed detection system may be

456 placed or installed in a school zone on a street or highway

457 under the jurisdiction of a county or a municipality in

458 accordance with placement and installation specifications

459 established by the Department of Transportation. ~~The Department~~

460 ~~of Transportation must establish such placement and installation~~

461 ~~specifications by December 31, 2023.~~

462 (a) If a county or municipality places or installs a speed

463 detection system as authorized by s. 316.008(9), the county or

464 municipality must notify the public that a speed detection

465 system may be in use by posting signage indicating photographic

466 or video enforcement of the school zone speed limits. Such

467 signage must ~~shall~~ clearly designate the time period during

468 which the school zone speed limits are enforced using a speed

469 detection system and must meet the placement and installation

470 specifications established by the Department of Transportation.

471 For a speed detection system enforcing violations of s. 316.1895

472 ~~or s. 316.183~~ on a roadway maintained as a school zone, this

473 paragraph governs the signage notifying the public of the use of

474 a speed detection system.

475 (b) If a county or municipality begins a school zone speed

476 detection system program in a county or municipality that has

477 never conducted such a program, the respective county or

478 municipality must make a public announcement and conduct a

479 public awareness campaign of the proposed use of speed detection

480 systems at least 30 days before commencing enforcement under the

481 speed detection system program and must notify the public of the

482 specific date on which the program will commence. During the 30

483 day public awareness campaign, only a warning may be issued to

484 the registered owner of a motor vehicle for a violation of s.

485 316.1895 ~~or s. 316.183~~ enforced by a speed detection system, and

486 liability may not be imposed for the civil penalty under s.

487 318.18(3)(d).

488 (c) A county or municipality that operates one or more

489 school zone speed detection systems shall ~~must~~ annually report

490 the results of all systems within the county’s or municipality’s

491 jurisdiction by placing the report required under s.

492 316.1896(16)(a) as a single reporting item on the agenda of a

493 regular or special meeting of the county’s or municipality’s

494 governing body. Before a county or municipality contracts or

495 renews a contract to place or install a speed detection system

496 in a school zone pursuant to s. 316.008(9), the county or

497 municipality must approve the contract or contract renewal at a

498 regular or special meeting of the county’s or municipality’s

499 governing body.

500 1. Interested members of the public must be allowed to

501 comment regarding the report, contract, or contract renewal

502 under the county’s or municipality’s public comment policies or

503 procedures ~~formats~~ , and the report, contract, or contract

504 renewal may not be considered as part of a consent agenda.

505 2. The report required under this paragraph must include a

506 written summary, which must be read aloud at the regular or

507 special meeting, and the summary must contain, for the same time

508 period pertaining to the annual report to the department under

509 s. 316.1896(16)(a), the number of notices of violation issued,

510 the number that were contested, the number that were upheld, the

511 number that were dismissed, the number that were issued as

512 uniform traffic citations, and the number that were paid and how

513 collected funds were distributed and in what amounts. The county

514 or municipality shall ~~must~~ report to the department that the

515 county’s or municipality’s annual report was considered in

516 accordance with this paragraph, including the date of the

517 regular or special meeting at which the annual report was

518 considered.

519 3. The compliance or sufficiency of compliance with this

520 paragraph may not be raised in a proceeding challenging a

521 violation of s. 316.1895 ~~or s. 316.183~~ enforced by a speed

522 detection system in a school zone.

523 4. A county or municipality that does not comply with this

524 paragraph may not operate a speed detection system under this

525 section until such noncompliance is corrected.

526 Section 8. Subsection (1), paragraph (c) of subsection (2),

527 subsections (4) and (6), paragraph (a) of subsection (17), and

528 subsections (18) and (19) of section 316.173, Florida Statutes,

529 are amended to read:

530 316.173 School bus infraction detection systems.—

531 (1)(a) A school district may install and operate a school

532 bus infraction detection system on a school bus for the purpose

533 of enforcing s. 316.172(1)(a) and (b) as provided in and

534 consistent with this section.

535 (b) A school district that desires to install one or more

536 school bus infraction detection systems on school buses in its

537 fleet must have specific authorization from the district school

538 board to place or install, or contract with a vendor to install,

539 operate, and maintain, school bus infraction detection systems

540 to enforce s. 316.172(1)(a) and (b). As part of a public hearing

541 held by the school board on such authorization, the school board

542 shall consider traffic data or other evidence supporting the

543 installation and operation of each school bus infraction

544 detection system, and the school board shall determine whether

545 the school bus route for which school bus infraction detection

546 systems are to be placed or installed constitutes a heightened

547 safety risk that warrants additional enforcement measures.

548 Interested members of the public must be allowed to comment

549 regarding a contract or renewal of a contract for the

550 installation, operation, and maintenance of school bus

551 infraction detection systems under the school board’s public

552 comment policies or procedures, and the contract or contract

553 renewal may not be considered as part of a consent agenda.

554 (c) After an affirmative vote from the school board

555 authorizing such a contract, the school district may enter into

556 a contract with a private vendor or manufacturer to install a

557 school bus infraction detection system on any school bus in

558 ~~within~~ its fleet, whether owned, contracted, or leased, and for

559 services including, but not limited to, the installation,

560 operation, and maintenance of the system. ~~The school district’s~~

561 ~~decision to install school bus infraction detection systems must~~

562 ~~be based solely on the need to increase public safety.~~ An

563 individual may not receive a commission from any revenue

564 collected from violations detected through the use of a school

565 bus infraction detection system. A private vendor or

566 manufacturer may not receive a fee or remuneration based upon

567 the number of violations detected through the use of a school

568 bus infraction detection system. This paragraph may not be

569 construed to prohibit a private vendor or manufacturer from

570 receiving a fixed amount of collected proceeds for service

571 rendered in relation to the installation, operation, or

572 maintenance of school bus infraction detection systems.

573 (d) ~~(c)~~ The school district shall ~~must~~ ensure that each

574 school bus infraction detection system meets the requirements of

575 subsection (19).

576 (e) ~~(d)~~ The school district must enter into an interlocal

577 agreement with one or more law enforcement agencies authorized

578 to enforce violations of s. 316.172(1)(a) and (b) within the

579 school district which jointly establishes the responsibilities

580 of enforcement and the reimbursement of costs associated with

581 school bus infraction detection systems consistent with this

582 section. For school bus infraction detection system programs

583 established after October 1, 2026, the school district must

584 enter into an interlocal agreement before beginning its school

585 bus infraction detection system program.

586 (f) For purposes of administering this section, a law

587 enforcement agency may authorize a traffic infraction

588 enforcement officer under s. 316.640 to issue uniform traffic

589 citations for violations of s. 316.172(1)(a) and (b). This

590 paragraph does not prohibit the review of information from a

591 school bus infraction detection system by an authorized employee

592 or agent of the school district or law enforcement agency before

593 issuance of the traffic citation by the traffic infraction

594 enforcement officer. This paragraph does not prohibit the law

595 enforcement agency or its designee from issuing a notification

596 as provided in subsection (5) to the registered owner of the

597 motor vehicle involved in the violation of s. 316.172(1)(a) or

598 (b).

599 (2)

600 ~~(c) The sufficiency of signage or compliance with the~~

601 ~~signage requirements under this subsection may not be raised in~~

602 ~~a proceeding challenging a violation of s. 316.172(1)(a) or (b).~~

603 (4) Within 30 days after an alleged violation of s.

604 316.172(1)(a) or (b) is recorded by a school bus infraction

605 detection system, the school district or the private vendor or

606 manufacturer under paragraph (1)(c) ~~(1)(b)~~ must submit the

607 following information to a law enforcement agency that has

608 entered into an interlocal agreement with the school district

609 pursuant to paragraph (1)(e) ~~(1)(d)~~ and has traffic infraction

610 enforcement jurisdiction at the location where the alleged

611 violation occurred:

612 (a) A copy of the recorded video and images showing the

613 motor vehicle allegedly violating s. 316.172(1)(a) or (b).

614 (b) The motor vehicle’s license plate number and the state

615 of issuance of the motor vehicle’s license plate.

616 (c) The date, time, and location of the alleged violation.

617 (6)(a) A local hearing officer appointed by the school

618 district or county shall administer a ~~an administrative~~ hearing

619 process for a contested notice of violation. ~~The school district~~

620 ~~may appoint an attorney who is, and has been for the preceding 5~~

621 ~~years, a member in good standing with The Florida Bar to serve~~

622 ~~as a local hearing officer.~~ The county in which a school

623 district has entered into an interlocal agreement with a law

624 enforcement agency to issue uniform traffic citations may

625 designate by resolution existing staff to serve as clerk to the

626 local hearing officer. At the ~~administrative~~ hearing, the local

627 hearing officer shall determine whether a violation of s.

628 316.172(1)(a) or (b) has occurred. If the local hearing officer

629 finds ~~by a preponderance of the evidence~~ that a violation has

630 occurred, the local hearing officer must uphold the notice of

631 violation and require the petitioner to pay the penalty

632 previously assessed under s. 318.18(5). The local hearing

633 officer may ~~shall~~ also require the petitioner to pay costs

634 consistent with this subsection.

635 (b) Procedures for a ~~an administrative~~ hearing conducted

636 under this subsection are as follows:

637 1. The department shall make available electronically to

638 the school district ~~or its designee~~ or the county a Request for

639 Hearing form to assist each district or county with

640 administering this subsection.

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

642 petitioner, who elects to request a hearing under this

643 subsection must ~~shall~~ be scheduled for a hearing. The hearing

644 may be conducted either virtually through ~~via~~ live video

645 conferencing or in person.

646 3. The clerk to the local hearing officer shall provide the

647 petitioner with notice of the hearing, including the option for

648 a virtual or in-person hearing, which must be sent ~~Within 120~~

649 ~~days after receipt of a timely request for a hearing, the law~~

650 ~~enforcement agency or its designee shall provide a replica of~~

651 ~~the notice of violation data to the school district or county by~~

652 ~~manual or electronic transmission, and thereafter the school~~

653 ~~district or its designee or the county shall mail a notice of~~

654 ~~hearing, which shall include a hearing date and may at the~~

655 ~~discretion of the district or county include virtual and in~~

656 ~~person hearing options, to the petitioner~~ by first-class mail.

657 Mailing of the notice of hearing constitutes notification. Upon

658 receipt of the notice ~~of hearing~~ , the petitioner may reschedule

659 the hearing up to two times ~~once~~ by submitting a written request

660 to the local hearing officer at least 5 calendar days before the

661 day of the originally scheduled hearing. The petitioner may

662 cancel his or her hearing by paying the penalty assessed in the

663 notice of violation and any costs authorized in s.

664 316.0083(5)(c) before the start of the hearing .

665 4. All testimony at the hearing must ~~shall~~ be under oath

666 and recorded . The local hearing officer shall take testimony

667 from a representative of the law enforcement agency and the

668 petitioner , and may take testimony from others. The local

669 hearing officer shall review the video and images recorded by a

670 school bus infraction detection system. Formal rules of evidence

671 do not apply, but due process shall be observed and govern the

672 proceedings.

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

674 officer shall determine ~~by a preponderance of the evidence~~

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

676 violation. The local hearing officer shall issue a final

677 administrative order including the determination and, if the

678 notice of violation is upheld, must require the petitioner to

679 pay the civil penalty previously assessed in the notice of

680 violation, and may ~~shall~~ also require the petitioner to pay

681 costs, not to exceed those established in s. 316.0083(5)(e), to

682 be used by the county for operational costs relating to the

683 hearing process or by the school district for technology and

684 operational costs relating to the hearing process as well as

685 school transportation safety-related initiatives. The final

686 administrative order must ~~shall~~ be mailed to the petitioner by

687 first-class mail.

688 6. An aggrieved party may appeal a final administrative

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

690 (c) Any hearing for a contested notice of violation that

691 has not been conducted before July 1, 2025, may be conducted

692 pursuant to the procedures in this subsection within 1 year

693 after such date.

694 (17)(a)1. A school bus infraction detection system may not

695 be used for remote surveillance. The collection of evidence by a

696 school bus infraction detection system to enforce violations of

697 s. 316.172 does not constitute remote surveillance.

698 2. Video and images recorded as part of a school bus

699 infraction detection system may only be used for traffic

700 enforcement and for purposes of determining criminal or civil

701 liability ~~for incidents~~ captured by the school bus infraction

702 detection system incidental to the permissible use of the school

703 bus infraction detection system.

704 3. To the extent practicable, a school bus infraction

705 detection system must use necessary technology to ensure that

706 personal identifying information contained in the video or still

707 images recorded by the system which is not relevant to the

708 alleged violation, including, but not limited to, the identity

709 of the driver and any passenger of a motor vehicle, the interior

710 or contents of a motor vehicle, the identity of an uninvolved

711 person, a number identifying the address of a private residence,

712 and the contents or interior of a private residence, is

713 sufficiently obscured so as not to reveal such personal

714 identifying information.

715 4. A notice of a violation or uniform traffic citation

716 issued under this section may not be dismissed solely because a

717 recorded video or still images reveal personal identifying

718 information as provided in subparagraph 3. as long as a

719 reasonable effort has been made to comply with this subsection.

720 (18)(a) 1. A school district that operates one or more

721 school bus infraction detection systems shall annually report

722 the results of all such systems operated within the school

723 district by placing the annual report to the department required

724 under paragraph (b) as a single reporting item on the agenda of

725 a regular or special meeting of the school board.

726 2. Interested members of the public must be allowed to

727 comment regarding the report under the school board’s public

728 comment policies or procedures, and the report may not be

729 considered as part of a consent agenda.

730 3. The report required under this paragraph must include a

731 written summary, which must be read aloud at the regular or

732 special meeting, and the summary must contain, for the same time

733 period as the annual report to the department under paragraph

734 (b), the number of school buses that have a school bus

735 infraction detection system installed, including the date of

736 installation and, if applicable, the date the systems were

737 removed; the number of notices of violations issued and the

738 number that were contested, the number that were upheld, the

739 number that were dismissed, the number that were issued as

740 uniform traffic citations, and the number that were paid; and

741 the manner in which collected funds were distributed and in what

742 amounts.

743 4. The compliance or sufficiency of compliance with this

744 paragraph may not be raised in a proceeding challenging a

745 violation of s. 316.172(a) or (b) enforced by a school bus

746 infraction detection system.

747 5. A school district that does not comply with this

748 paragraph may not operate school bus infraction detection

749 systems under this section until such noncompliance is

750 corrected.

751 (b) By October 1, annually ~~2023, and quarterly thereafter~~ ,

752 each school district operating a school bus infraction detection

753 system shall ~~must~~ submit, in consultation with the law

754 enforcement agencies with which it has interlocal agreements

755 pursuant to this section, a report to the department which

756 details the results of the school bus infraction detection

757 systems in the school district during the preceding state fiscal

758 year ~~in the preceding quarter~~ . The information from the school

759 districts must be submitted in a form and manner determined by

760 the department ~~, which the department must make available to the~~

761 ~~school districts by August 1, 2023,~~ and must include at least

762 the following:

763 1. The number of school buses that have a school bus

764 infraction detection system installed, including the date of

765 installation and, if applicable, the date the systems were

766 removed.

767 2. The number of notices of violations issued, the number

768 that were contested, the number that were upheld, the number

769 that were dismissed, the number that were issued as uniform

770 traffic citations, and the number that were paid.

771 3. Data for each infraction to determine locations in need

772 of safety improvements. Such data may include, but is not

773 limited to, global positioning system coordinates of the

774 infraction, the date and time of the infraction, and the name of

775 the school that the school bus was transporting students to or

776 from.

777 4. Any other statistical data and information required by

778 the department to complete the report required by paragraph (c).

780 The department shall publish on its website each report

781 submitted by a school district pursuant to this paragraph.

782 (c) ~~(b)~~ Each school district that operates a school bus

783 infraction detection system is responsible for and shall ~~must~~

784 maintain its respective data for reporting purposes under this

785 subsection for at least 2 years after such data is reported to

786 the department.

787 (d) ~~(c)~~ On or before December 31, ~~2024, and~~ annually

788 ~~thereafter~~ , the department shall submit a summary report to the

789 Governor, the President of the Senate, and the Speaker of the

790 House of Representatives regarding the use and operation of

791 school bus infraction detection systems under this section,

792 along with the department’s recommendations and any recommended

793 legislation. The summary report must include a review of the

794 information submitted to the department by the school districts

795 and must describe the enhancement of traffic safety and

796 enforcement programs.

797 (19) A school bus infraction detection system must meet

798 specifications established by the State Board of Education and

799 must be tested at regular intervals according to specifications

800 prescribed by state board rule. ~~The state board must establish~~

801 ~~such specifications by rule on or before December 31, 2023.~~

802 ~~However, any such equipment acquired by purchase, lease, or~~

803 ~~other arrangement under an agreement entered into by a school~~

804 ~~district on or before December 31, 2023, is not required to meet~~

805 ~~the specifications established by the state board until July 1,~~

806 ~~2024.~~

807 Section 9. Subsection (1), paragraphs (b) and (c) of

808 subsection (2), subsections (3), (5) through (9), (12), and

809 (13), paragraph (c) of subsection (14), paragraph (a) of

810 subsection (15), and paragraphs (a) and (c) of subsection (16)

811 of section 316.1896, Florida Statutes, are amended to read:

812 316.1896 Roadways maintained as school zones; speed

813 detection system enforcement; penalties; appeal procedure;

814 privacy; reports.—

815 (1) For purposes of administering this section, a county or

816 municipality may authorize a traffic infraction enforcement

817 officer under s. 316.640 to issue uniform traffic citations for

818 violations of s. 316.1895 during the times listed in s.

819 316.1895(5) ~~ss. 316.1895 and 316.183~~ as authorized by s.

820 316.008(9) ~~, as follows:~~

821 ~~(a) For a violation of s. 316.1895 in excess of 10 miles~~

822 ~~per hour over the school zone speed limit which occurs within 30~~

823 ~~minutes before through 30 minutes after the start of a regularly~~

824 ~~scheduled breakfast program~~ .

825 ~~(b) For a violation of s. 316.1895 in excess of 10 miles~~

826 ~~per hour over the school zone speed limit which occurs within 30~~

827 ~~minutes before through 30 minutes after the start of a regularly~~

828 ~~scheduled school session.~~

829 ~~(c) For a violation of s. 316.183 in excess of 10 miles per~~

830 ~~hour over the posted speed limit during the entirety of a~~

831 ~~regularly scheduled school session.~~

832 ~~(d) For a violation of s. 316.1895 in excess of 10 miles~~

833 ~~per hour over the school zone speed limit which occurs within 30~~

834 ~~minutes before through 30 minutes after the end of a regularly~~

835 ~~scheduled school session.~~

837 Such violation must be evidenced by a speed detection system

838 described in ss. 316.008(9) and 316.0776(3). This subsection

839 does not prohibit a review of information from a speed detection

840 system by an authorized employee or agent of a county or

841 municipality before issuance of the uniform traffic citation by

842 the traffic infraction enforcement officer. This subsection does

843 not prohibit a county or municipality from issuing notices as

844 provided in subsection (2) to the registered owner of the motor

845 vehicle for a violation of s. 316.1895 . The school zone speed

846 limit may not be enforced through the use of a speed detection

847 system if any flashing beacon used to provide notice of the

848 times during which a restrictive school speed limit is being

849 enforced in the school zone is not activated at the time of the

850 violation ~~or s. 316.183~~ .

851 (2) Within 30 days after a violation, notice must be sent

852 to the registered owner of the motor vehicle involved in the

853 violation specifying the remedies available under s. 318.14 and

854 that the violator must pay the penalty under s. 318.18(3)(d) to

855 the county or municipality, or furnish an affidavit in

856 accordance with subsection (8), within 30 days after the date of

857 the notice of violation in order to avoid court fees, costs, and

858 the issuance of a uniform traffic citation. The notice of

859 violation must:

860 (b) Include a photograph or other recorded image showing

861 the license plate of the motor vehicle; the date, time, and

862 location of the violation; the maximum speed at which the motor

863 vehicle was traveling within the school zone; and the speed

864 limit within the school zone ~~at the time of the violation~~ .

865 (c) Include a notice that the owner has the right to

866 review, in person or remotely, the photograph or video captured

867 by the speed detection system and the evidence of the speed of

868 the motor vehicle detected by the speed detection system which

869 constitute a rebuttable presumption that the motor vehicle was

870 used in violation of s. 316.1895 ~~or s. 316.183~~ .

871 (3) Notwithstanding any other law, a person who receives a

872 notice of violation under this section may request a hearing

873 within 60 30 days after the notice of violation or may pay the

874 penalty pursuant to the notice of violation, but a payment or

875 fee may not be required before the hearing requested by the

876 person. The notice of violation must be accompanied by, or

877 direct the person to a website that provides, information on the

878 person’s right to request a hearing and on all costs related

879 thereto and a form used for requesting a hearing. As used in

880 this subsection, the term “person” includes a natural person,

881 the registered owner or co-owner of a motor vehicle, or the

882 person identified in an affidavit as having actual care,

883 custody, or control of the motor vehicle at the time of the

884 violation.

885 (5) Penalties assessed and collected by the county or

886 municipality authorized to collect the funds provided for in

887 this section, less the amount retained by the county or

888 municipality pursuant to paragraphs (b) and (e) ~~paragraph (b)~~

889 ~~and paragraph (e)~~ and the amount remitted to the county school

890 district pursuant to paragraph (d), must be paid to the

891 Department of Revenue weekly. Such payment must be made by means

892 of electronic funds transfer. In addition to the payment, a

893 detailed summary of the penalties remitted must be reported to

894 the Department of Revenue. Penalties to be assessed and

895 collected by the county or municipality as established in s.

896 318.18(3)(d) must be remitted as follows:

897 (a) Twenty dollars must be remitted to the Department of

898 Revenue for deposit into the General Revenue Fund.

899 (b) Sixty dollars must be retained by the county or

900 municipality and must be used to administer speed detection

901 systems in school zones and other public safety initiatives.

902 (c) Three dollars must be remitted to the Department of

903 Revenue for deposit into the Department of Law Enforcement

904 Criminal Justice Standards and Training Trust Fund.

905 (d) Twelve dollars must be remitted to the county school

906 district in which the violation occurred and must be used for

907 school security initiatives, for student transportation, or to

908 improve the safety of student walking conditions. Funds remitted

909 under this paragraph must be shared with charter schools in the

910 district based on each charter school’s proportionate share of

911 the district’s total unweighted full-time equivalent student

912 enrollment and must be used for school security initiatives or

913 to improve the safety of student walking conditions.

914 (e) Five dollars must be retained by the county or

915 municipality for the School Crossing Guard Recruitment and

916 Retention Program pursuant to s. 316.1894.

918 Under a school zone speed detection system contract entered into

919 or renewed on or after October 1, 2026, an individual may not

920 receive a commission or per-ticket fee from any revenue

921 collected from violations detected through the use of a speed

922 detection system. A manufacturer or vendor of speed detection

923 systems may not receive a fee or remuneration based upon the

924 number of violations detected through the use of a speed

925 detection system.

926 (6) A uniform traffic citation must be issued by mailing

927 the uniform traffic citation by certified mail to the address of

928 the registered owner of the motor vehicle involved in the

929 violation if payment has not been made within 60 30 days after

930 notification under subsection (2), if the registered owner has

931 not requested a hearing as authorized under subsection (3), and

932 if the registered owner has not submitted an affidavit in

933 accordance with subsection (8).

934 (a) Delivery of the uniform traffic citation constitutes

935 notification of a violation under this subsection. If the

936 registered owner or co-owner of the motor vehicle; the person

937 identified as having care, custody, or control of the motor

938 vehicle at the time of the violation; or a duly authorized

939 representative of the owner, co-owner, or identified person

940 initiates a proceeding to challenge the citation pursuant to

941 this section, such person waives any challenge or dispute as to

942 the delivery of the uniform traffic citation.

943 (b) In the case of joint ownership of a motor vehicle, the

944 uniform traffic citation must be mailed to the first name

945 appearing on the motor vehicle registration, unless the first

946 name appearing on the registration is a business organization,

947 in which case the second name appearing on the registration may

948 be used.

949 (c) The uniform traffic citation mailed to the registered

950 owner of the motor vehicle involved in the infraction must be

951 accompanied by the information described in paragraphs (2)(b)

952 (d).

953 (7) The registered owner of the motor vehicle involved in

954 the violation is responsible and liable for paying the uniform

955 traffic citation issued for a violation of s. 316.1895 ~~or s.~~

956 ~~316.183~~ unless the owner can establish that:

957 (a) The motor vehicle was, at the time of the violation, in

958 the care, custody, or control of another person;

959 (b) A uniform traffic citation was issued by law

960 enforcement to the driver of the motor vehicle for the alleged

961 violation of s. 316.1895 ~~or s. 316.183~~ ; or

962 (c) The motor vehicle’s owner was deceased on or before the

963 date of the alleged violation, as established by an affidavit

964 submitted by the representative of the motor vehicle owner’s

965 estate or other identified person or family member.

966 (8) To establish such facts under subsection (7), the

967 registered owner of the motor vehicle must, within 60 30 days

968 after the date of issuance of the notice of violation or the

969 uniform traffic citation, furnish to the appropriate

970 governmental entity an affidavit setting forth information

971 supporting an exception under subsection (7).

972 (a) An affidavit supporting the exception under paragraph

973 (7)(a) must include the name, address, date of birth, and, if

974 known, the driver license number of the person who leased,

975 rented, or otherwise had care, custody, or control of the motor

976 vehicle at the time of the alleged violation. If the motor

977 vehicle was stolen at the time of the alleged violation, the

978 affidavit must include the police report indicating that the

979 motor vehicle was stolen.

980 (b) If a uniform traffic citation for a violation of s.

981 316.1895 ~~or s. 316.183~~ was issued at the location of the

982 violation by a law enforcement officer, the affidavit must

983 include the serial number of the uniform traffic citation.

984 (c) If the motor vehicle’s owner to whom a notice of

985 violation or a uniform traffic citation has been issued is

986 deceased, the affidavit must include a certified copy of the

987 owner’s death certificate showing that the date of death

988 occurred on or before the date of the alleged violation and one

989 of the following:

990 1. A bill of sale or other document showing that the

991 deceased owner’s motor vehicle was sold or transferred after his

992 or her death but on or before the date of the alleged violation.

993 2. Documented proof that the registered license plate

994 belonging to the deceased owner’s motor vehicle was returned to

995 the department or any branch office or authorized agent of the

996 department after his or her death but on or before the date of

997 the alleged violation.

998 3. A copy of the police report showing that the deceased

999 owner’s registered license plate or motor vehicle was stolen

1000 after his or her death but on or before the date of the alleged

1001 violation.

1003 Upon receipt of the affidavit and documentation required under

1004 paragraphs (b) and (c), or 60 30 days after the date of issuance

1005 of a notice of violation sent to a person identified as having

1006 care, custody, or control of the motor vehicle at the time of

1007 the violation under paragraph (a), the county or municipality

1008 must dismiss the notice or citation and provide proof of such

1009 dismissal to the person who submitted the affidavit. If, within

1010 30 days after the date of a notice of violation sent to a person

1011 under subsection (9), the county or municipality receives an

1012 affidavit under subsection (10) from the person sent a notice of

1013 violation affirming that the person did not have care, custody,

1014 or control of the motor vehicle at the time of the violation,

1015 the county or municipality must notify the registered owner that

1016 the notice or citation will not be dismissed due to failure to

1017 establish that another person had care, custody, or control of

1018 the motor vehicle at the time of the violation.

1019 (9) Upon receipt of an affidavit under paragraph (8)(a),

1020 the county or municipality may issue the person identified as

1021 having care, custody, or control of the motor vehicle at the

1022 time of the violation a notice of violation pursuant to

1023 subsection (2) for a violation of s. 316.1895 ~~or s. 316.183~~ . The

1024 affidavit is admissible in a proceeding pursuant to this section

1025 for the purpose of providing evidence that the person identified

1026 in the affidavit was in actual care, custody, or control of the

1027 motor vehicle. The owner of a leased motor vehicle for which a

1028 uniform traffic citation is issued for a violation of s.

1029 316.1895 ~~or s. 316.183~~ is not responsible for paying the uniform

1030 traffic citation and is not required to submit an affidavit as

1031 specified in subsection (8) if the motor vehicle involved in the

1032 violation is registered in the name of the lessee of such motor

1033 vehicle.

1034 (12) The photograph or video captured by a speed detection

1035 system and the evidence of the speed of the motor vehicle

1036 detected by a speed detection system which are attached to or

1037 referenced in the uniform traffic citation are evidence of a

1038 violation of s. 316.1895 ~~or s. 316.183~~ and are admissible in any

1039 proceeding to enforce this section. The photograph or video and

1040 the evidence of speed detected raise a rebuttable presumption

1041 that the motor vehicle named in the report or shown in the

1042 photograph or video was used in violation of s. 316.1895 ~~or s.~~

1043 ~~316.183~~ .

1044 (13) This section supplements the enforcement of s.

1045 316.1895 ~~ss. 316.1895 and 316.183~~ by a law enforcement officer

1046 and does not prohibit a law enforcement officer from issuing a

1047 uniform traffic citation for a violation of s. 316.1895 ~~or s.~~

1048 ~~316.183~~ .

1049 (14) A hearing under this section must be conducted under

1050 the procedures established by s. 316.0083(5) and as follows:

1051 (c) A person, referred to in this subsection as the

1052 “petitioner,” who elects to request a hearing under subsection

1053 (3) must be scheduled for a hearing by the clerk to the local

1054 hearing officer. The hearing may be conducted either virtually

1055 through live video conferencing or in person. The clerk to the

1056 local hearing officer shall provide ~~must furnish~~ the petitioner

1057 with notice of the hearing, including the option for a virtual

1058 or in-person hearing, which must be sent by first-class mail.

1059 Upon receipt of the notice, the petitioner may reschedule the

1060 hearing up to two times by submitting a written request to

1061 reschedule to the clerk at least 5 calendar days before the day

1062 of the scheduled hearing. The petitioner may cancel his or her

1063 appearance before the local hearing officer by paying the

1064 penalty assessed under subsection (2), plus the administrative

1065 costs established in s. 316.0083(5)(c), before the start of the

1066 hearing.

1067 (15)(a) A speed detection system in a school zone may not

1068 be used for remote surveillance. The collection of evidence by a

1069 speed detection system to enforce violations of s. 316.1895 ~~ss.~~

1070 ~~316.1895 and 316.183~~ , or user-controlled pan or tilt adjustments

1071 of speed detection system components, do not constitute remote

1072 surveillance. Recorded video or photographs collected by ~~as part~~

1073 of a speed detection system in a school zone may only be used to

1074 document violations of s. 316.1895 ~~ss. 316.1895 and 316.183~~ and

1075 for purposes of determining criminal or civil liability ~~for~~

1076 ~~incidents~~ captured by the speed detection system incidental to

1077 the permissible use of the speed detection system.

1078 (16)(a) Each county or municipality that operates one or

1079 more speed detection systems shall ~~must~~ submit a report by

1080 October 1, ~~2024, and~~ annually ~~thereafter~~ , to the department

1081 which identifies the public safety objectives used to identify a

1082 school zone for enforcement under this section, reports

1083 compliance with s. 316.0776(3)(c), and details the results of

1084 the speed detection system in the school zone during the

1085 preceding state fiscal year and the procedures for enforcement.

1086 The information from counties and municipalities must be

1087 submitted in a form and manner determined by the department ,

1088 ~~which the department must make available to the counties and~~

1089 ~~municipalities by August 1, 2023, and the department may require~~

1090 ~~data components to be submitted quarterly~~ . The report must

1091 include at least the following:

1092 1. Information related to the location of each speed

1093 detection system, including the geocoordinates of the school

1094 zone, the directional approach of the speed detection system,

1095 the school name, the school level, the times the speed detection

1096 system was active, the restricted school zone speed limit

1097 enforced pursuant to s. 316.1895(5), ~~the posted speed limit~~

1098 ~~enforced at times other than those authorized by s. 316.1895(5),~~

1099 the date the systems were activated to enforce violations of s.

1100 316.1895 ~~ss. 316.1895 and 316.183~~ , and, if applicable, the date

1101 the systems were deactivated.

1102 2. The number of notices of violation issued, the number,

1103 if any, that were issued outside of the enforcement periods

1104 authorized in subsection (1), the number that were contested,

1105 the number that were upheld, the number that were dismissed, the

1106 number that were issued as uniform traffic citations, and the

1107 number that were paid.

1108 3. Any other statistical data and information related to

1109 the procedures for enforcement which is required by the

1110 department to complete the report required under paragraph (c).

1112 The department shall publish on its website each report

1113 submitted by a county or municipality pursuant to this

1114 paragraph.

1115 (c) On or before December 31, ~~2024, and~~ annually

1116 ~~thereafter~~ , the department shall ~~must~~ submit a summary report to

1117 the Governor, the President of the Senate, and the Speaker of

1118 the House of Representatives regarding the use of speed

1119 detection systems under this section, along with any recommended

1120 legislation ~~legislative recommendations from the department~~ . The

1121 summary report must include a review of the information

1122 submitted to the department by the counties and municipalities

1123 and must describe the enhancement of safety and enforcement

1124 programs.

1125 Section 10. Paragraph (d) of subsection (1) of section

1126 316.1906, Florida Statutes, is reordered and amended, and

1127 subsection (3) of that section is amended, to read:

1128 316.1906 Radar speed-measuring devices; speed detection

1129 systems; evidence, admissibility.—

1130 (1) DEFINITIONS.—

1131 (d) “Officer” means any:

1132 2. 1. “Law enforcement officer” who is elected, appointed,

1133 or employed full time by any municipality or the state or any

1134 political subdivision thereof; who is vested with the authority

1135 to bear arms and make arrests; and whose primary responsibility

1136 is the prevention and detection of crime or the enforcement of

1137 the penal, criminal, traffic, or highway laws of the state;

1138 3. 2. “Part-time law enforcement officer” who is employed or

1139 appointed less than full time, as defined by an employing

1140 agency, with or without compensation; who is vested with

1141 authority to bear arms and make arrests; and whose primary

1142 responsibility is the prevention and detection of crime or the

1143 enforcement of the penal, criminal, traffic, or highway laws of

1144 the state; or

1145 1. 3. “Auxiliary law enforcement officer” who is employed or

1146 appointed, with or without compensation; who aids or assists a

1147 full-time or part-time law enforcement officer; and who, while

1148 under the direct supervision of a full-time or part-time law

1149 enforcement officer, has the authority to arrest and perform law

1150 enforcement functions; or

1151 4. “Traffic infraction enforcement officer” who is employed

1152 or appointed, with or without compensation, and satisfies the

1153 requirements of s. 316.640(5) and is vested with authority to

1154 enforce violations of s. 316.1895 ~~ss. 316.1895 and 316.183~~

1155 pursuant to s. 316.1896.

1156 (3) A speed detection system is exempt from the design

1157 requirements for radar or LiDAR units established by the

1158 department. A speed detection system must have the ability to

1159 perform self-tests as to its detection accuracy. The system must

1160 perform a self-test at least once every 30 days. The law

1161 enforcement agency, or an agent acting on behalf of the law

1162 enforcement agency, operating a speed detection system must

1163 maintain a log of the results of the system’s self-tests. The

1164 law enforcement agency, or an agent acting on behalf of the law

1165 enforcement agency, operating a speed detection system must also

1166 perform an independent calibration test on the speed detection

1167 system at least once every 12 months. The self-test logs, as

1168 well as the results of the annual calibration test, are

1169 admissible in any court proceeding for a uniform traffic

1170 citation issued for a violation of s. 316.1895 ~~or s. 316.183~~

1171 enforced pursuant to s. 316.1896. Notwithstanding subsection

1172 (2), evidence of the speed of a motor vehicle detected by a

1173 speed detection system compliant with this subsection and the

1174 determination by a traffic infraction enforcement officer that a

1175 motor vehicle is operating in excess of the applicable speed

1176 limit is admissible in any proceeding with respect to an alleged

1177 violation of law regulating the speed of motor vehicles in

1178 school zones.

1179 Section 11. Paragraph (a) of subsection (5) of section

1180 316.640, Florida Statutes, is amended to read:

1181 316.640 Enforcement.—The enforcement of the traffic laws of

1182 this state is vested as follows:

1183 (5)(a) Any sheriff’s department or police department of a

1184 municipality may employ, as a traffic infraction enforcement

1185 officer, any individual who successfully completes instruction

1186 in traffic enforcement procedures and court presentation through

1187 the Selective Traffic Enforcement Program as approved by the

1188 Division of Criminal Justice Standards and Training of the

1189 Department of Law Enforcement, or through a similar program, but

1190 who does not necessarily otherwise meet the uniform minimum

1191 standards established by the Criminal Justice Standards and

1192 Training Commission for law enforcement officers or auxiliary

1193 law enforcement officers under s. 943.13. Any such traffic

1194 infraction enforcement officer who observes the commission of a

1195 traffic infraction or, in the case of a parking infraction, who

1196 observes an illegally parked vehicle may issue a traffic

1197 citation for the infraction when, based upon personal

1198 investigation, he or she has reasonable and probable grounds to

1199 believe that an offense has been committed which constitutes a

1200 noncriminal traffic infraction as defined in s. 318.14. In

1201 addition, any such traffic infraction enforcement officer may

1202 issue a traffic citation under ss. 316.0083, 316.173, and

1203 316.1896 ~~ss. 316.0083 and 316.1896~~ . For purposes of enforcing

1204 ss. 316.074(1), 316.075(1)(c)1., 316.172(1)(a) and (b), and

1205 316.1895(10) ~~ss. 316.0083, 316.1895, and 316.183~~ , any sheriff’s

1206 department or police department of a municipality may designate

1207 employees as traffic infraction enforcement officers. The

1208 traffic infraction enforcement officers must be physically

1209 located in the county of the respective sheriff’s or police

1210 department.

1211 Section 12. Paragraph (c) of subsection (3) of section

1212 316.650, Florida Statutes, is amended to read:

1213 316.650 Traffic citations.—

1214 (3)

1215 (c) If a traffic citation is issued under s. 316.0083 , s.

1216 316.173, or s. 316.1896, the traffic infraction enforcement

1217 officer must ~~shall~~ provide by electronic transmission a replica

1218 of the traffic citation data to the court having jurisdiction

1219 over the alleged offense or its traffic violations bureau within

1220 5 business days after the date of issuance of the traffic

1221 citation to the violator. If a hearing is requested, the traffic

1222 infraction enforcement officer must ~~shall~~ provide a replica of

1223 the ~~traffic~~ notice of violation data to the clerk to ~~for~~ the

1224 local hearing officer having jurisdiction over the alleged

1225 offense within 14 days.

1226 Section 13. Subsection (3) of section 318.15, Florida

1227 Statutes, is amended to read:

1228 318.15 Failure to comply with civil penalty or to appear;

1229 penalty.—

1230 (3) The clerk shall notify the department of persons who

1231 were mailed a notice of violation of s. 316.074(1) or s.

1232 316.075(1)(c)1. pursuant to s. 316.0083 , of s. 316.172(1)(a) or

1233 (b) pursuant to s. 316.173, or of s. 316.1895(10) pursuant to s.

1234 316.1896, and who failed to enter into, or comply with the terms

1235 of, a penalty payment plan, or order with the clerk to the local

1236 hearing officer or failed to appear at a scheduled hearing

1237 within 10 days after such failure, and shall reference the

1238 person’s driver license number, or in the case of a business

1239 entity, vehicle registration number.

1240 (a) Upon receipt of such notice, the department, or

1241 authorized agent thereof, may not issue a license plate or

1242 revalidation sticker for any motor vehicle owned or co-owned by

1243 that person pursuant to s. 320.03(8) until the amounts assessed

1244 have been fully paid.

1245 (b) After the issuance of the person’s license plate or

1246 revalidation sticker is withheld pursuant to paragraph (a), the

1247 person may challenge the withholding of the license plate or

1248 revalidation sticker only on the basis that the outstanding

1249 fines and civil penalties have been paid pursuant to s.

1250 320.03(8).

1251 Section 14. Paragraph (d) of subsection (3), paragraphs (a)

1252 and (b) of subsection (5), and subsection (23) of section

1253 318.18, Florida Statutes, are amended to read:

1254 318.18 Amount of penalties.—The penalties required for a

1255 noncriminal disposition pursuant to s. 318.14 or a criminal

1256 offense listed in s. 318.17 are as follows:

1257 (3)

1258 (d)1. Notwithstanding paragraphs (b) and (c), a person

1259 cited for a violation of s. 316.1895(10) ~~or s. 316.183~~ for

1260 exceeding the speed limit in force at the time of the violation

1261 on a roadway maintained as a school zone as provided in s.

1262 316.1895, when enforced by a traffic infraction enforcement

1263 officer pursuant to s. 316.1896, must pay a fine of $100. Fines

1264 collected under this paragraph must be distributed as follows:

1265 a. Twenty dollars must be remitted to the Department of

1266 Revenue for deposit into the General Revenue Fund.

1267 b. Seventy-seven dollars must be distributed to the county

1268 for any violations occurring in any unincorporated areas of the

1269 county or to the municipality for any violations occurring in

1270 the incorporated boundaries of the municipality in which the

1271 infraction occurred, to be used as provided in s. 316.1896(5).

1272 c. Three dollars must be remitted to the Department of

1273 Revenue for deposit into the Department of Law Enforcement

1274 Criminal Justice Standards and Training Trust Fund to be used as

1275 provided in s. 943.25.

1276 2. If a person who is mailed a notice of violation or a

1277 uniform traffic citation for a violation of s. 316.1895(10) or

1278 ~~s. 316.183~~ , as enforced by a traffic infraction enforcement

1279 officer under s. 316.1896, presents documentation from the

1280 appropriate governmental entity that the notice of violation or

1281 uniform traffic citation was in error, the clerk of court or

1282 clerk to the local hearing officer may dismiss the case. The

1283 clerk of court or clerk to the local hearing officer may not

1284 charge for this service.

1285 3. Under a school zone speed detection system contract

1286 entered into or renewed on or after October 1, 2026, an

1287 individual may not receive a commission or per-ticket fee from

1288 any revenue collected from violations detected through the use

1289 of a speed detection system. A manufacturer or vendor may not

1290 receive a fee or remuneration based upon the number of

1291 violations detected through the use of a speed detection system.

1292 (5)(a)1. Except as provided in subparagraph 2., $200 for a

1293 violation of s. 316.172(1)(a), failure to stop for a school bus.

1294 If, at a hearing, the alleged offender is found to have

1295 committed this offense, the court shall impose a minimum civil

1296 penalty of $200. In addition to this penalty, for a second or

1297 subsequent offense within a period of 5 years, the department

1298 shall suspend the driver license of the person for not less than

1299 180 days and not more than 1 year.

1300 2. If a violation of s. 316.172(1)(a) is enforced by a

1301 school bus infraction detection system pursuant to s. 316.173,

1302 the penalty of $200 shall be imposed. If, at a ~~an administrative~~

1303 hearing contesting a notice of violation or uniform traffic

1304 citation, the alleged offender is found to have committed this

1305 offense, a minimum civil penalty of $200 shall be imposed.

1306 Notwithstanding any other provision of law except s. 28.37(6) ,

1307 the civil penalties assessed under this subparagraph resulting

1308 from a notice of violation or uniform traffic citation shall be

1309 remitted to the school district at least monthly and used

1310 pursuant to s. 316.173(8).

1311 (b)1. Except as provided in subparagraph 2., $400 for a

1312 violation of s. 316.172(1)(b), passing a school bus on the side

1313 that children enter and exit when the school bus displays a stop

1314 signal. If, at a hearing, the alleged offender is found to have

1315 committed this offense, the court shall impose a minimum civil

1316 penalty of $400.

1317 2. If a violation of s. 316.172(1)(b) is enforced by a

1318 school bus infraction detection system pursuant to s. 316.173,

1319 the penalty under this subparagraph is a minimum of $200. If, at

1320 a hearing contesting a notice of violation or uniform traffic

1321 citation, the alleged offender is found to have committed this

1322 offense, the court shall impose a minimum civil penalty of $200.

1323 Notwithstanding any other provision of law except s. 28.37(6) ,

1324 the civil penalties assessed under this subparagraph resulting

1325 from notice of violation or uniform traffic citation shall be

1326 remitted to the school district at least monthly and used

1327 pursuant to s. 316.173(8).

1328 3. In addition to this penalty, for a second or subsequent

1329 offense within a period of 5 years, the department shall suspend

1330 the driver license of the person for not less than 360 days and

1331 not more than 2 years.

1332 (23) In addition to the penalty prescribed under s.

1333 316.0083 , s. 316.173, or s. 316.1896 for violations enforced

1334 under those sections ~~s. 316.0083~~ which are upheld by the local

1335 hearing officer , the local hearing officer may also order the

1336 payment of county , or municipal , or school district costs, not

1337 to exceed $250.

1338 Section 15. Subsection (12) of section 320.02, Florida

1339 Statutes, is amended to read:

1340 320.02 Registration required; application for registration;

1341 forms.—

1342 (12) The department is authorized to withhold registration

1343 or reregistration of any motor vehicle if the owner, or one of

1344 the co-owners of the vehicle : ,

1345 (a) Has a driver license which is under suspension for the

1346 failure to remit payment of any fines levied in this state

1347 pursuant to chapter 318 or chapter 322 ; or

1348 (b) Received a traffic citation for a violation of s.

1349 316.074(1) or s. 316.075(1)(c)1., s. 316.172(1)(a) or (b), or s.

1350 316.1895(10), as enforced by s. 316.0083, s. 316.173, or s.

1351 316.1896, respectively, and did not request a hearing, submit an

1352 affidavit claiming an exception, or pay the traffic citation .

1353 Section 16. Paragraph (d) of subsection (3) of section

1354 322.27, Florida Statutes, is amended to read:

1355 322.27 Authority of department to suspend or revoke driver

1356 license or identification card.—

1357 (3) There is established a point system for evaluation of

1358 convictions of violations of motor vehicle laws or ordinances,

1359 and violations of applicable provisions of s. 403.413(6)(b) when

1360 such violations involve the use of motor vehicles, for the

1361 determination of the continuing qualification of any person to

1362 operate a motor vehicle. The department is authorized to suspend

1363 the license of any person upon showing of its records or other

1364 good and sufficient evidence that the licensee has been

1365 convicted of violation of motor vehicle laws or ordinances, or

1366 applicable provisions of s. 403.413(6)(b), amounting to 12 or

1367 more points as determined by the point system. The suspension

1368 shall be for a period of not more than 1 year.

1369 (d) The point system shall have as its basic element a

1370 graduated scale of points assigning relative values to

1371 convictions of the following violations:

1372 1. Reckless driving, willful and wanton—4 points.

1373 2. Leaving the scene of a crash resulting in property

1374 damage of more than $50—6 points.

1375 3. Unlawful speed, or unlawful use of a wireless

1376 communications device, resulting in a crash—6 points.

1377 4. Passing a stopped school bus:

1378 a. Not causing or resulting in serious bodily injury to or

1379 death of another—4 points.

1380 b. Causing or resulting in serious bodily injury to or

1381 death of another—6 points.

1382 c. Points may not be imposed for a violation of passing a

1383 stopped school bus as provided in s. 316.172(1)(a) or (b) when

1384 enforced by a school bus infraction detection system pursuant to

1385 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)

1386 when enforced by a school bus infraction detection system

1387 pursuant to s. 316.173 may not be used for purposes of setting

1388 motor vehicle insurance rates and is not admissible as character

1389 evidence under s. 90.404 .

1390 5. Unlawful speed:

1391 a. Not in excess of 15 miles per hour of lawful or posted

1392 speed—3 points.

1393 b. In excess of 15 miles per hour of lawful or posted

1394 speed—4 points.

1395 c. Points may not be imposed for a violation of unlawful

1396 speed as provided in s. 316.1895 ~~or s. 316.183~~ when enforced by

1397 a traffic infraction enforcement officer pursuant to s.

1398 316.1896. In addition, a violation of s. 316.1895 ~~or s. 316.183~~

1399 when enforced by a traffic infraction enforcement officer

1400 pursuant to s. 316.1896 may not be used for purposes of setting

1401 motor vehicle insurance rates and is not admissible as character

1402 evidence under s. 90.404 .

1403 6. A violation of a traffic control signal device as

1404 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.

1405 However, points may not be imposed for a violation of s.

1406 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to

1407 stop at a traffic signal and when enforced by a traffic

1408 infraction enforcement officer. In addition, a violation of s.

1409 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to

1410 stop at a traffic signal and when enforced by a traffic

1411 infraction enforcement officer may not be used for purposes of

1412 setting motor vehicle insurance rates and is not admissible as

1413 character evidence under s. 90.404 .

1414 7. Unlawfully driving a vehicle through a railroad-highway

1415 grade crossing—6 points.

1416 8. All other moving violations (including parking on a

1417 highway outside the limits of a municipality)—3 points. However,

1418 points may not be imposed for a violation of s. 316.2065(11);

1419 and points may be imposed for a violation of s. 316.1001 only

1420 when imposed by the court after a hearing pursuant to s.

1421 318.14(5).

1422 9. Any moving violation covered in this paragraph,

1423 excluding unlawful speed and unlawful use of a wireless

1424 communications device, resulting in a crash—4 points.

1425 10. Any conviction under s. 403.413(6)(b)—3 points.

1426 11. Any conviction under s. 316.0775(2)—4 points.

1427 12. A moving violation covered in this paragraph which is

1428 committed in conjunction with the unlawful use of a wireless

1429 communications device within a school safety zone—2 points, in

1430 addition to the points assigned for the moving violation.

1431 Section 17. Subsection (23) is added to section 775.15,

1432 Florida Statutes, to read:

1433 775.15 Time limitations; general time limitations;

1434 exceptions.—

1435 (23) For a traffic violation enforced pursuant to s.

1436 316.0083, s. 316.173, or s. 316.1896, the 1-year period of

1437 limitation for a noncriminal violation pursuant to paragraph

1438 (2)(d) resets upon receipt by the appropriate county,

1439 municipality, or law enforcement agency of an affidavit

1440 indicating that the motor vehicle was in the care, custody, and

1441 control of another person at the time of the violation, as

1442 authorized in s. 316.0083, s. 316.173, or s. 316.1896,

1443 respectively.

1444 Section 18. Paragraph (h) of subsection (3) of section

1445 1006.21, Florida Statutes, is amended to read:

1446 1006.21 Duties of district school superintendent and

1447 district school board regarding transportation.—

1448 (3) District school boards, after considering

1449 recommendations of the district school superintendent:

1450 (h) Upon an affirmative vote of the school board

1451 authorizing the use of school bus infraction detection systems,

1452 may install and operate, or enter into an agreement with a

1453 private vendor or manufacturer to install, operate, and maintain

1454 ~~provide~~ , a school bus infraction detection system pursuant to s.

1455 316.173.

1456 Section 19. For the purpose of incorporating the amendment

1457 made by this act to section 318.18, Florida Statutes, in a

1458 reference thereto, section 318.121, Florida Statutes, is

1459 reenacted to read:

1460 318.121 Preemption of additional fees, fines, surcharges,

1461 and costs.—Notwithstanding any general or special law, or

1462 municipal or county ordinance, additional fees, fines,

1463 surcharges, or costs other than the court costs and surcharges

1464 assessed under s. 318.18(12), (14), (19), (20), and (23) may not

1465 be added to the civil traffic penalties assessed under this

1466 chapter.

1467 Section 20. This act shall take effect October 1, 2026.