SB 994 — Student Transportation Safety

II of the State Constitution.

The school district, charter school, or private school may enter into an interlocal agreement to use the local hearing officer of a county or municipality.

Section 2.

Present subsections (6) through (19) of section 316.173, Florida Statutes, are redesignated as subsections (7) through (20), respectively, a new subsection (6) is added to that section, and subsection (1), paragraph (a) of subsection (2), subsections (3), (4), and (5), and present subsections (7), (8), (10), (11), (12), (16), and (17) of that section are amended, to read:

316.173 School bus infraction detection systems.— (1)(a) A school district, charter school, or private school may install and operate a school bus infraction detection system on a school bus for the purpose of enforcing s.

316.172(1)(a) and (b) as provided in and consistent with this section.

(b) The school district, charter school, or private school may contract with a private vendor or manufacturer to install a school bus infraction detection system on any school bus within its fleet, whether owned, contracted, or leased, and for services including, but not limited to, the installation, operation, and maintenance of the system.

The school district’s, Page 3 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 charter school’s, or private school’s decision to install school bus infraction detection systems must be based solely on the need to increase public safety.

This paragraph may not be construed to prohibit a private vendor or manufacturer from receiving a fixed amountpercentage of collected proceeds for service rendered in relation to the installation, operation, or maintenance of school bus infraction detection systems.

(2)(a)(c) The school districtdistrict, mustcharter postschool, high-visibilityor reflectiveprivate signageschool onmust theensure rearthat of each school bus ininfraction whichdetection asystem Pagemeets 2the requirements of 7subsection CODING:(19) (18).

(d) The school district, charter school, or private school may must enter into an interlocal agreement with one or more law enforcement agencies authorized to enforce violations of s.

316.172(1)(a) and (b) within the school district which jointly establishes the responsibilities of enforcement and the reimbursement of costs associated with school bus infraction detection systems consistent with this section.

For the purposes of administering this section, a traffic infraction enforcement officer who meets the requirements of s.

316.640 or a certified school board security agency that employs law enforcement officers may enforce violations of s.

316.172(1)(a) and (b) as authorized by this section.

(2)(a) The school district, charter school, or private Page 4 of 21 CODING:

Florida Senate - 2024 CS for CS for SB 994 606-03286-24596-02663-24 2024994c22024994c1 school must post high-visibility reflective signage on the rear of each school bus in which a school bus infraction detection system is installed and operational which indicates the use of such system.

(5)(3) WithinIf 30a daysschool afterdistrict, receivingcharter school, or private school that has never conducted a school bus infraction detection system program begins such a program, the informationschool requireddistrict, incharter subsectionschool, (4),or private school must make a public announcement and conduct a public awareness campaign of the lawproposed use of school bus infraction detection systems at least 30 days before commencing enforcement agencyunder must,the ifschool itbus isinfraction determineddetection determinessystem thatprogram and notify the motorpublic vehicleof violatedthe s.specific date on which the program will commence.

During the 30- day public awareness campaign, only a warning may be issued to the registered owner of a motor vehicle for a violation of s.

316.172(1)(a) or (b) enforced by a school bus infraction detection system, and a civil penalty may not be imposed under chapter 318.

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

316.172(1)(a) or (b) is recorded by a school bus infraction detection system, the school district, charter school, or private school or the private vendor or manufacturer under paragraph (1)(b) must submit the following information to a law Page 5 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 enforcement agency or a traffic infraction enforcement officer designated that has entered into an interlocal agreement with the school district pursuant to paragraph (1)(d) and has traffic infraction enforcement jurisdiction at the location where the alleged violation occurred:

(a) A copy of the recorded video and images showing the motor vehicle allegedly violating s.

316.172(1)(a) or (b).

(b) The motor vehicle’s license plate number and the state of issuance of the motor vehicle’s license plate.

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

(5) Within 30 days after receiving the information required in subsection (4), the law enforcement agency or its agent, or a traffic infraction enforcement officer, if it is determined determines that the motor vehicle violated s.

318.18(5) or furnish an affidavit in accordance with subsection (11) (10) within 30 days after the notice of violation is sent in order to avoid court fees, costs, and the issuance of a uniform traffic citation.

(c) The amount of the civil penalty, the date by which the civil penalty must be paid, and instructions on how to pay the civilPage penalty.6 of 21 CODING:

(d) Instructions on how to request a hearing to contest Page 3 of 7 CODING:

Florida Senate - 2024 CS for CS for SB 994 606-03286-24596-02663-24 2024994c22024994c1 liabilitycivil orpenalty. the notice of violation.

(d) Instructions on how to request a hearing to contest liability or the notice of violation.

In lieu of hearings administered by a county traffic court, the governing board of a school entity, by resolution, may establish the hearing procedures provided in subsection (6).

A(6) courtThe thatgoverning hasboard jurisdictionof overa trafficschool violationsentity, shallby determineresolution, whethermay aestablish violationthe offollowing thisprocedures sectionfor hasa occurred.hearing under this section:

If(a) aThe courtdepartment findsshall bypublish aand preponderancemake ofavailable theelectronically evidenceto thateach school entity’s governing board a violationmodel occurred,Request thefor courtHearing mustform upholdto theassist violation.each school entity’s governing board administering this section.

If(b) theA noticeschool ofdistrict, violationcharter isschool, upheld,or theprivate courtschool mustoperating requireschool thebus petitionerinfraction detection systems on school buses which elects to payauthorize thetraffic penaltyinfraction previouslyenforcement assessedofficers or one or more law enforcement agencies to issue traffic citations under s.this section shall designate by resolution existing staff or a designated staff agent to serve Page 7 of 21 CODING:

318.18(5), and may also require the petitioner to pay costs, not to exceed those established in s.

316.0083(5)(e).

(7) The civil penalties assessed and collected for a violation of s.

316.172(1)(a) or (b) enforced by a school bus infraction detection system must be remitted to the school district in which the violation occurred.

Such civil penalties must be used for the installation, operation, or maintenance of school bus infraction detection systems on school buses, including student transportation safety initiatives, driver recruitment and retention stipends, or other student transportation safety enhancements for any other technology that increases the safety of the transportation of students, or for Page 4 of 7 CODING:

Florida Senate - 2024 CS for CS for SB 994 606-03286-24596-02663-24 2024994c22024994c1 as the administrationclerk andto costs associated with the enforcementlocal ofhearing violationsofficer. as described in this section.

(16)(a)1.(c) A person, referred to in this subsection as the “petitioner,” who elects to request a hearing under this section must be scheduled for a hearing by the clerk to the local hearing officer to appear before a local hearing officer with notice to be sent by first-class mail.

Upon receipt of the notice, the petitioner may reschedule the hearing once by submitting a written request to reschedule to the clerk to the local hearing officer at least 5 calendar days before the day of the originally scheduled hearing.

The petitioner may cancel his or her appearance before the local hearing officer by paying the penalty assessed under s.

318.18, plus $50 in administrative costs, before the start of the hearing.

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

The local hearing officer shall take testimony from a traffic infraction enforcement officer, or law enforcement agency designee, and the petitioner, and may take testimony from others.

The local hearing officer shall review the video and images made available under this section.

Formal rules of evidence do not apply, but due process and the preponderance of evidence standard must be observed and govern the proceedings.

(e) At the conclusion of the hearing, the local hearing officer shall determine whether a violation under this section has occurred, in which case the hearing officer shall uphold or dismiss the violation.

The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay the penalty previously assessed under s.

318.18, and may also Page 8 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 require the petitioner to pay school entity costs, including local hearing officer and hearing administrative costs, not to exceed $250.

The final administrative order must be mailed to the petitioner by first-class mail.

(f) An aggrieved party may appeal a final administrative order consistent with the process provided under s.

162.11.

(8)(7) The civil penalties assessed and collected for a violation of s.

316.172(1)(a) or (b) enforced by a school bus infraction detection system must be remitted to the school district in which the violation occurred or to the charter school or private school that reported the violation.

Such civil penalties must be used for the installation, operation, or maintenance of school bus infraction detection systems on school buses, including student transportation safety initiatives, driver recruitment and retention stipends, or other student transportation safety enhancements for any other technology that increases the safety of the transportation of students, or for the administration and costs associated with the enforcement of violations as described in this section.

(9)(8) A uniform traffic citation must be issued by mailing the uniform traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 30 days after notification under subsection (5) and if the registered owner has not submitted an affidavit in accordance with subsection (11) (10).

(11)(10) To establish such facts under subsection (10) (9), the registered owner of the motor vehicle must, within 30 days after the date of issuance of the notice of violation or the Page 9 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 uniform traffic citation, furnish to the law enforcement agency or its agent who that issued the notice of violation or uniform traffic citation an affidavit setting forth information supporting an exception under subsection (10) (9).

(a) An affidavit supporting the exception under paragraph (10)(a) (9)(a) must include the name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation.

If the motor vehicle was stolen at the time of the alleged violation, the affidavit must include the police report indicating that the motor vehicle was stolen.

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

316.172(1)(a) or (b) was issued at the location of the violation by a law enforcement officer, the affidavit must include the serial number of the uniform traffic citation.

(c) If the motor vehicle’s owner to whom a notice of violation or a uniform traffic citation has been issued is deceased, the affidavit must include a certified copy of the owner’s death certificate showing that the date of death occurred on or before the date of the alleged violation and one of the following:

1.

A bill of sale or other document showing that the deceased owner’s motor vehicle was sold or transferred after his or her death but on or before the date of the alleged violation.

2.

Documented proof that the registered license plate belonging to the deceased owner’s motor vehicle was returned to the department or any branch office or authorized agent of the department after his or her death but on or before the date of Page 10 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 the alleged violation.

3.

A copy of the police report showing that the deceased owner’s registered license plate or motor vehicle was stolen after his or her death but on or before the date of the alleged violation.

Upon receipt of the affidavit and documentation required under paragraphs (b) and (c), or 30 days after the date of issuance of a notice of violation sent to a person identified as having care, custody, or control of the motor vehicle at the time of the violation under paragraph (a), the law enforcement agency or its agent, or traffic infraction enforcement officer must dismiss the notice or citation and provide proof of such dismissal to the person who submitted the affidavit.

If, within 30 days after the date of a notice of violation sent to a person under subsection (12) (11), the law enforcement agency or its agent, or traffic infraction enforcement officer receives an affidavit under subsection (13) (12) from the person who was sent a notice of violation affirming that the person did not have care, custody, or control of the motor vehicle at the time of the violation, the law enforcement agency or its agent, or traffic infraction enforcement officer must notify the registered owner that the notice or citation will not be dismissed due to failure to establish that another person had care, custody, or control of the motor vehicle at the time of the violation.

(12)(11) Upon receipt of an affidavit under paragraph (10)(a) (9)(a), the law enforcement agency may issue the person identified as having care, custody, or control of the motor Page 11 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 vehicle at the time of the violation a notice of violation pursuant to subsection (5) for a violation of s.

316.172(1)(a) or (b).

The affidavit is admissible in a proceeding pursuant to this section for the purpose of providing evidence that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle.

The owner of a leased motor vehicle for which a uniform traffic citation is issued for a violation of s.

316.172(1)(a) or (b) is not responsible for paying the uniform traffic citation and is not required to submit an affidavit as specified in subsection (11) (10) if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle.

(13)(12) If a law enforcement agency or traffic infraction enforcement officer receives an affidavit under paragraph (10)(a) (9)(a), the notice of violation required under subsection (5) must be sent to the person identified in the affidavit within 30 days after receipt of the affidavit.

The person identified in an affidavit and sent a notice of violation may also affirm he or she did not have care, custody, or control of the motor vehicle at the time of the violation by furnishing to the appropriate law enforcement agency or traffic infraction enforcement officer within 30 days after the date of the notice of violation an affidavit stating such.

(17)(a)1.(16)(a)1.

316.172 does not constitute remote surveillance.Page 12 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 surveillance.

3.2.3.

4.3.4.

A notice of a violation or uniform traffic citation Pageissued 5under ofthis 7section CODING:may not be dismissed solely because a recorded video or still images reveal personal identifying information as provided in subparagraph 2.

3.

as long as a reasonable effort has been made to comply with this subsection.

(b) Any recorded video or still image obtained through the use of a school bus infraction detection system must be destroyed within 90 days after the final disposition of the recorded event.

The vendor of the school bus infraction Page 13 of 21 CODING:

Florida Senate - 2024 CS for CS for SB 994 606-03286-24596-02663-24 2024994c22024994c1 issueddetection undersystem thismust sectionprovide maythe notschool bedistrict, dismissedcharter solelyschool, becauseor aprivate recordedschool videowith orwritten stillnotice imagesby revealDecember personal31 identifyingof informationeach asyear providedthat such records have been destroyed in subparagraphaccordance 3.with this section.

as(c) longNotwithstanding any other law, registered motor vehicle owner information obtained as a reasonableresult effortof hasthe beenoperation madeof toa complyschool withbus infraction detection system is not the property of the manufacturer or vendor of the system and may be used only for the purposes of this subsection.section.

(17)(a)(18)(a)(17)(a) By October 1, 2023, and quarterly thereafter, each school district, charter school, or private school, in consultation with the law enforcement agencies with which it has interlocal agreements pursuant to this section, operating a school bus infraction detection system must submit, in consultation with the law enforcement agencies with which it has interlocal agreements pursuant to this section,section or with traffic infraction enforcement officers designated pursuant to paragraph (1)(d), a report to the department which details the results of the school bus infraction detection systems in the school districtdistrict, charter school, or private school in the preceding quarter.

The information from the school districtsdistricts, charter schools, or private schools must be submitted in a form and manner determined by the department, which the department must make available to the school districts by August 1, 2023, and to the charter schools and private schools by August 1, 2024, and must include at least the following:

The number of school buses that have a school bus infraction detection system installed, including the date of installation and, if applicable, the date the systems were removed.Page 14 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 removed.

Such data may must include, but is not limited to, global positioning system coordinates of the infraction, the date and time of the infraction, and the name of Pagethe 6school ofthat 7the CODING:school bus was transporting students to or from.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 994 606-03286-24 2024994c2 the school that the school bus was transporting students to or from.

Section(b) 2.Each school district, charter school, or private school that operates a school bus infraction detection system is responsible for and must maintain its respective data for reporting purposes under this subsection for at least 2 years after such data is reported to the department.

(c) On or before December 31, 2024, and annually thereafter, the department shall submit a summary report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the use and operation of school bus infraction detection systems under this section, along with the department’s recommendations and any recommended legislation.

The summary report must include a review of the information submitted to the department by the school districts, charter schools, and private schools and must describe the enhancement of traffic safety and enforcement programs.

Section 3.

Paragraph (a) of subsection (1), paragraph (a) Page 15 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 of subsection (3), and paragraph (a) of subsection (5) of section 316.640, Florida Statutes, are amended to read:

316.640 Enforcement.—The enforcement of the traffic laws of this state is vested as follows:

(1) STATE.— (a)1.a.

The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles;

the Division of Law Enforcement of the Fish and Wildlife Conservation Commission;

the Division of Law Enforcement of the Department of Environmental Protection;

and the agents, inspectors, and officers of the Department of Law Enforcement each have authority to enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the state wherever the public has a right to travel by motor vehicle.

b.

University police officers may enforce all of the traffic laws of this state when violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of a state university, a direct-support organization of such state university, or any other organization controlled by the state university or a direct-support organization of the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s.

23.1225(1).

Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement.

Page 16 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 c.

Florida College System institution police officers may enforce all the traffic laws of this state only when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the Florida College System institution, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s.

23.1225.

Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement.

d.

Police officers employed by an airport authority may enforce all of the traffic laws of this state only when such violations occur on any property or facilities that are owned or operated by an airport authority.

(I) An airport authority may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s.

943.12.

This sub-sub-subparagraph may not be construed to permit the carrying of firearms or other weapons, nor shall such parking enforcement specialist have arrest authority.

(II) A parking enforcement specialist employed by an airport authority may enforce all state, county, and municipal laws and ordinances governing parking only when such violations are on property or facilities owned or operated by the airport Page 17 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 authority employing the specialist, by appropriate state, county, or municipal traffic citation.

e.

The Office of Agricultural Law Enforcement of the Department of Agriculture and Consumer Services may enforce traffic laws of this state.

f.

School safety officers may enforce all of the traffic laws of this state when such violations occur on or about any property or facilities that are under the guidance, supervision, regulation, or control of the district school board.

A school safety officer who successfully completes instruction in traffic enforcement procedures and court presentation as specified in paragraph (5)(a) may be authorized by a county, municipality, or applicable school entity as a traffic infraction enforcement officer and may issue notices of violation and uniform traffic citations under s.

316.173 within the county in which the school district, charter school, or private school is located.

2.

Any disciplinary action taken or performance evaluation conducted by an agency of the state as described in subparagraph 1.

of a law enforcement officer’s traffic enforcement activity must be in accordance with written work-performance standards.

Such standards must be approved by the agency and any collective bargaining unit representing such law enforcement officer.

A violation of this subparagraph is not subject to the penalties provided in chapter 318.

3.

The Division of the Florida Highway Patrol may employ as a traffic accident investigation officer any individual who successfully completes instruction in traffic accident investigation and court presentation through the Selective Traffic Enforcement Program as approved by the Criminal Justice Page 18 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the commission, but who does not necessarily meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943.

Any such traffic accident investigation officer who makes an investigation at the scene of a traffic accident may issue traffic citations, based upon personal investigation, when he or she has reasonable and probable grounds to believe that a person who was involved in the accident committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the accident.

This subparagraph does not permit the officer to carry firearms or other weapons, and such an officer does not have authority to make arrests.

(3) MUNICIPALITIES.— (a) The police department of each chartered municipality shall enforce the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the municipality wherever the public has the right to travel by motor vehicle, including by the use of school bus infraction detection systems.

In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under s.

316.006(2)(b).

However, nothing in this chapter shall affect any law, general, special, or otherwise, in effect on January 1, 1972, relating to “hot pursuit” without the boundaries of the municipality.

Page 19 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 (5)(a) Any sheriff’s department or police department of a municipality may employ, as a traffic infraction enforcement officer, any individual who successfully completes instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s.

943.13.

Any such traffic infraction enforcement officer who observes the commission of a traffic infraction or, in the case of a parking infraction, who observes an illegally parked vehicle may issue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s.

318.14.

In addition, any such traffic infraction enforcement officer may issue a traffic citation under ss.

316.0083, 316.173, and 316.1896.

For purposes of enforcing ss.

316.0083, 316.173, 316.1895, and 316.183, any sheriff’s department or police department of a municipality may designate employees as traffic infraction enforcement officers.

The traffic infraction enforcement officers must be physically located in the county of the respective sheriff’s or police department.

Section 4.

318.18 Amount of penalties.—The penalties required for a noncriminalPage disposition20 pursuantof to21 s.CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 994 596-02663-24 2024994c1 noncriminal disposition pursuant to s.

316.173, the additional amount imposed on a notice of violation, on a the uniform traffic citation, or by the court under this paragraph must be $25, in lieu of the additional $65, and must be remitted to the participating school districtdistrict, andcharter usedschool, pursuantor toprivate s.school operating the school bus with a school bus infraction detection system.

316.173(7).Such amounts must be used pursuant to s.

Section316.173(8). 3.

Section 5.

Page 721 of 721 CODING: