SB 702 — Photographic Enforcement of School Bus Safety

Florida Senate - 2022 CS for SB 702 By Senatorthe BurgessCommittee 20-00718-22on 2022702__Judiciary; A bill to be entitled An act relating to photographic enforcement of school bus safety;

and Senators Burgess, Taddeo, and Perry 590-02530-22 2022702c1 A bill to be entitled An act relating to photographic enforcement of school bus safety;

requiring school districts to enter into interlocal agreements with certain law enforcement agencies for certain purposes;

providing that recorded images evidencing a violation of thisthe act are admissible in any judicial or administrative proceeding for a certain purpose;

providing that paymentPage of1 the fine operates as a final disposition of the10 civilCODING: penalty;

providing notice requirements and Page 1 of 10 CODING:

Florida Senate - 2022 CS for SB 702 20-00718-22590-02530-22 2022702__2022702c1 procedurespayment forof unpaidthe fine operates as a final disposition of the civil penalties;penalty;

providing notice requirements and procedures for unpaid civil penalties;

requiring the department to remove penalties imposed on a motor vehicle owner upon presentationreceipt of adequatea proof;certain notification;

providing that a motor vehicle owner is not responsible for a violation of thisthe act if the vehicle was reported stolen at the time the violation occurred;

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

Florida Senate - 2022 CS for SB 702 20-00718-22590-02530-22 2022702__2022702c1 SectionBe 1.It Enacted by the Legislature of the State of Florida:

Section 1.

(c) A school district shall ensure that the side stop signalPage arm3 enforcement system meets the requirements of subsection10 (12).CODING:

Page 3 of 10 CODING:

Florida Senate - 2022 CS for SB 702 20-00718-22590-02530-22 2022702__2022702c1 (3)signal Eacharm privateenforcement manufacturersystem ormeets vendor shall, within 30 days after an alleged violation is captured, submit the followingrequirements information to a law enforcement agency authorized to enforce violations of s.subsection (12).

316.172:(d) A school district shall enter into an interlocal agreement with one or more law enforcement agencies authorized to enforce violations of s.

316.172 within the geographic area of the school district which jointly establishes the responsibilities of enforcement and the reimbursement of costs associated with side stop signal arm enforcement system violations consistent with this section.

(3) Each private manufacturer or vendor shall, within 30 days after an alleged violation is captured, submit the following information to a law enforcement agency authorized pursuant to paragraph (2)(d):

(4)(a) Each law enforcement agency authorized to enforce violations pursuant to paragraph (2)(d) shall review the information submitted by the private manufacturer or vendor as provided under subsection (3) to determine whether there is sufficient evidence that a violation of s.

316.172 shall review the information submitted by the private manufacturer or vendor as provided under subsection (3) to determine whether there is sufficient evidence that a violation of s.

(b) A certificate or a facsimile of a certificate based on inspection of recorded images produced by a side stop signal arm enforcement system and sworn to or affirmed by a law enforcement officer authorized pursuant to paragraph (2)(d) to enforce violations shall be prima facie evidence of s.the facts contained Page 4 of 10 CODING:

316.172Words shallstricken beare primadeletions; facie evidence of the facts contained in it.

words underlined are additions.

Florida Senate - 2022 CS for SB 702 590-02530-22 2022702c1 in it.

(d) A rebuttable presumption shall exist that the registered owner of the motor vehicle was the driver at the time Page 4 of 10the CODING:alleged violation.

Words(5)(a) strickenWithin are30 deletions;days after receiving the information provided under subsection (3), a law enforcement agency authorized pursuant to paragraph (2)(d) to enforce violations or an agent authorized by such law enforcement agency shall send by first-class mail a notice of violation to the registered owner of the motor vehicle involved in the violation.

words underlined are additions.

Florida Senate - 2022 SB 702 20-00718-22 2022702__ of the alleged violation.

(5)(a) Within 30 days after receiving the information provided under subsection (3), a law enforcement agency authorized to enforce violations of s.

316.172 or an agent authorized by such law enforcement agency shall send by first- class mail a notice of violation to the registered owner of the motor vehicle involved in the violation.

The amount of the civil penalty and the date by which suchPage penalty5 mustof be10 paid.CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 702 590-02530-22 2022702c1 such penalty must be paid.

(d) The owner of the motor vehicle involved in a violation Pagemay 5admit ofresponsibility 10for CODING:the violation and pay the fine as indicated on the notice of violation.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 702 20-00718-22 2022702__ may admit responsibility for the violation and pay the fine as indicated on the notice of violation.

The final notice must inform the owner that the law enforcement agency or the agent authorized by the law enforcement agency shall send an electronic referral, in a referralform prescribed by the department, to the department if the civil penalty is not paid within 30 days after the final notice was mailed and that such referral shall result in the nonrenewal of the registration of such motor vehicle and prohibit the title transfer of such motor vehicle within this state.