Senate Bill 812 (2025) — Traffic infraction enforcement
SB 812
Florida Bills
Florida Senate - 2025 SB 812 By Senator Calatayud 38-00978-25 2025812__ Page 1 of 31 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to traffic infraction enforcement; 2 amending s. 316.003, F.S.; defining the term “railroad 3 traffic infraction detector”; amending s. 316.008, 4 F.S.; authorizing counties and municipalities to use 5 railroad traffic infraction detectors for a certain 6 purpose; authorizing counties and municipalities to 7 place or install, or contract with a vendor to place 8 or install, railroad traffic infraction detectors at 9 certain locations; requiring a county or municipality 10 to enact a certain ordinance before the county or 11 municipality may place or install a railroad traffic 12 infraction detector; specifying requirements for a 13 public hearing for such ordinance; amending s. 14 316.0776, F.S.; authorizing the placement or 15 installation of traffic infraction detectors at 16 certain railroad crossings with permission from the 17 railroad owner; defining the term “work zone area”; 18 authorizing the Department of Transportation to 19 enforce a posted speed limit in a work zone area 20 through the use of a speed detection system; 21 authorizing the department to place or install, or 22 contract with a vendor to place or install, speed 23 detection systems at certain locations; requiring the 24 department to install certain signage and develop and 25 maintain a certain website; requiring the department 26 to make a public announcement and conduct a public 27 awareness campaign in certain circumstances; 28 specifying requirements for such campaign; authorizing 29
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 2 of 31 CODING: Words stricken are deletions; words underlined are additions. the placement or installation of railroad traffic 30 infraction detectors at certain locations in certain 31 circumstances; requiring the department to establish 32 certain specifications by a specified date; requiring 33 the department, a county, or a municipality to install 34 certain signage in certain circumstances; requiring 35 the signage to meet certain specifications; creating 36 s. 316.1578, F.S.; authorizing the Department of 37 Highway Safety and Motor Vehicles, a county, or a 38 municipality to authorize a traffic infraction 39 enforcement officer to issue a traffic citation for 40 certain violations; requiring that certain 41 notification be sent to the registered owner of a 42 motor vehicle within a certain period; specifying 43 requirements for such notification; authorizing a 44 person who receives such notice to request an 45 administrative hearing within a certain period; 46 defining the term “person”; providing that a request 47 for such hearing waives any challenge or dispute as to 48 the delivery of the notice of violation; requiring 49 that a traffic citation be issued in a certain manner 50 under certain circumstances; providing that the 51 initiation of a proceeding to challenge such citation 52 waives any challenge or dispute as to the delivery of 53 the citation; requiring that a traffic citation 54 include notice of a certain presumption; providing 55 that the owner of a motor vehicle involved in a 56 certain violation is responsible and liable for paying 57 a uniform traffic citation except in certain 58
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 3 of 31 CODING: Words stricken are deletions; words underlined are additions. circumstances; requiring the owner of a motor vehicle 59 to provide an affidavit to an appropriate governmental 60 entity in certain circumstances; requiring the 61 governmental entity to dismiss a citation in certain 62 circumstances; authorizing the governmental entity to 63 issue a certain notice of violation to a person 64 designated in such an affidavit as having care, 65 custody, or control of the motor vehicle; providing 66 that the affidavit is admissible in certain 67 proceedings; providing criminal penalties for the 68 submission of a false affidavit; providing that 69 certain images or video is evidence of a violation and 70 admissible in certain proceedings; providing a 71 rebuttable presumption; requiring that certain 72 penalties assessed and collected by the department, a 73 county, or a municipality be paid to the Department of 74 Revenue weekly; providing for the remittance and 75 distribution of certain fines in a specified manner; 76 prohibiting an individual from receiving certain 77 commissions; prohibiting a manufacturer or vendor of a 78 railroad traffic infraction detector from receiving 79 certain fees or remuneration; amending s. 316.1894, 80 F.S.; conforming a cross-reference; amending s. 81 316.1896, F.S.; providing that the Department of 82 Transportation may authorize a traffic infraction 83 enforcement officer to issue uniform traffic citations 84 for certain violations in work zone areas; requiring 85 that such violation be evidenced by a speed detection 86 system; providing construction; requiring the 87
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 4 of 31 CODING: Words stricken are deletions; words underlined are additions. department to provide certain notice to the registered 88 owner of a motor vehicle involved in such violation 89 within a certain period; specifying requirements for 90 such notice; requiring that penalties assessed and 91 collected by the department’s transportation 92 infraction enforcement officers be paid to the 93 Department of Revenue weekly by electronic funds 94 transfer; providing for the remittance and use of such 95 penalties in a specified manner; requiring the 96 registered owner of a motor vehicle to provide an 97 affidavit to the Department of Transportation in 98 certain circumstances; specifying requirements for 99 such affidavit; requiring the department to dismiss a 100 citation in certain circumstances; requiring the 101 department to issue a certain notice of violation to a 102 person identified in such an affidavit in certain 103 circumstances; specifying requirements for certain 104 hearings; requiring the Department of Highway Safety 105 and Motor Vehicles to provide to the Department of 106 Transportation a certain model form; prohibiting the 107 use of a speed detection system in a work zone area 108 for remote surveillance; providing that certain 109 recorded video and photographs collected in a work 110 zone area may only be used for certain purposes; 111 requiring the vendor of a speed detection system to 112 provide to the department certain written notice 113 annually by a specified date; providing that 114 registered motor vehicle owner information obtained as 115 a result of certain operations in a work zone area is 116
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 5 of 31 CODING: Words stricken are deletions; words underlined are additions. not the property of certain entities and may only be 117 used for certain purposes; requiring the Department of 118 Highway Safety and Motor Vehicles to consult with the 119 Department of Transportation on certain legislative 120 recommendations; amending s. 316.1906, F.S.; revising 121 the definition of the term “traffic infraction 122 enforcement officer”; amending s. 316.306, F.S.; 123 conforming a cross-reference; amending s. 316.640, 124 F.S.; revising the purposes for which the Department 125 of Highway Safety and Motor Vehicles may designate 126 employees as traffic infraction enforcement officers; 127 amending s. 318.18, F.S.; requiring a person cited for 128 a certain violation in a work zone area to pay a 129 specified fine in certain circumstances; requiring 130 such fine to be remitted to the Department of Revenue 131 and used for certain purposes; conforming a cross-132 reference; creating s. 348.025, F.S.; defining the 133 terms “speed detection system” and “work zone area”; 134 authorizing an expressway authority to enforce the 135 posted speed limit in a work zone area through the use 136 of a speed detection system; requiring the Department 137 of Transportation to enter into a certain agreement 138 with an expressway authority in certain circumstances; 139 amending s. 351.03, F.S.; authorizing a county or 140 municipality to place or install a railroad traffic 141 infraction detector at a railroad-highway grade 142 crossing for a certain purpose; amending s. 655.960, 143 F.S.; conforming a cross-reference; providing an 144 effective date. 145
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 6 of 31 CODING: Words stricken are deletions; words underlined are additions. 146 Be It Enacted by the Legislature of the State of Florida: 147 148
Section 1. Present subsections (69) through (112) of 149
section 316.003, Florida Statutes, are redesignated as 150 subsections (70) through (113), respectively, a new subsection 151 (69) is added to that section, and subsection (65) of that 152
section is amended, to read: 153 316.003
Definitions.—The following words and phrases, when 154 used in this chapter, shall have the meanings respectively 155 ascribed to them in this section, except where the context 156 otherwise requires: 157
(65) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided 158 in paragraph (91)(b) (90)(b), any privately owned way or place 159 used for vehicular travel by the owner and those having express 160 or implied permission from the owner, but not by other persons. 161
(69) RAILROAD TRAFFIC INFRACTION DETECTOR.—A portable or 162 fixed automatic system used to detect a motor vehicle’s action 163 using radar or LiDAR and to capture a photograph or video of the 164 rear of a motor vehicle at the time the vehicle maneuvers around 165 crossing arms or stops on an at-grade railroad crossing. 166
Section 2. Subsection (10) is added to
section 316.008, 167 Florida Statutes, to read: 168 316.008 Powers of local authorities.— 169 (10)(
a) A county or municipality may use a railroad traffic 170 infraction detector to enforce applicable laws at an at-grade 171 railroad crossing. 172 (
b) A county or municipality may place or install, or 173 contract with a vendor to place or install, a railroad traffic 174
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 7 of 31 CODING: Words stricken are deletions; words underlined are additions. infraction detector on a roadway adjacent to or at an at-grade 175 railroad crossing that is on railroad property, with the 176 railroad owner’s permission. 177 (
c) A county or municipality must enact an ordinance to 178 authorize the placement or installation of a railroad traffic 179 infraction detector on a roadway adjacent to or at an at-grade 180 railroad crossing before the county or municipality may place or 181 install such a railroad traffic infraction detector.
At the 182 public hearing for such ordinance, the county or municipality 183 must consider traffic data or other evidence supporting the 184 installation and operation of each proposed railroad traffic 185 infraction detector and, in order to approve the ordinance, must 186 determine that the at-grade railroad crossing where the railroad 187 traffic infraction detector is to be installed constitutes a 188 heightened safety risk and warrants such additional enforcement 189 measures. 190
Section 3. Subsection (1) of
section 316.0776, Florida 191 Statutes, is amended, and subsections (4) and (5) are added to 192 that section, to read: 193 316.0776 Traffic infraction detectors; speed detection 194 systems; railroad traffic infraction detectors; placement and 195 installation.— 196
(1) Traffic infraction detectors are allowed on state roads 197 when permitted by the Department of Transportation and under 198 placement and installation specifications developed by the 199 Department of Transportation. Traffic infraction detectors are 200 allowed on streets and highways and, with the permission of the 201 railroad owner, at at-grade railroad crossings under the 202 jurisdiction of counties or municipalities in accordance with 203
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 8 of 31 CODING: Words stricken are deletions; words underlined are additions. placement and installation specifications developed by the 204 Department of Transportation. 205 (4)(
a) For purposes of this subsection, the term “work zone 206 area” means an area on the State Highway System where 207 construction workers are present, there is no physical barrier 208 or separation between the vehicular traffic and the construction 209 workers, and the highway is a limited access facility. 210 (
b) The Department of Transportation may enforce the posted 211 speed limit on the portion of a highway designated as a work 212 zone area through the use of a speed detection system. 213 (
c) The Department of Transportation may place or install, 214 or contract with a vendor to place or install, a speed detection 215 system on the portion of a highway designated as a work zone 216 area to enforce the speed limit in accordance with s. 316.183(6) 217 within the work zone area. 218 (
d) If the Department of Transportation places or installs, 219 or contracts with a vendor to place or install, a speed 220 detection system under paragraph (c), the Department of 221 Transportation must install signage to notify the public that a 222 speed detection system may be in use at the work zone area. Such 223 signage must meet specifications for uniform signals and devices 224 adopted by the Department of Transportation pursuant to s. 225 316.0745. The Department of Transportation shall also develop 226 and maintain a publicly accessible website for the purpose of 227 educating the traveling public about the use of speed detection 228 systems in work zone areas. 229 (
e) If the Department of Transportation begins to use speed 230 detection systems in a work zone area in which the Department of 231 Transportation has not previously used such a system, the 232
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 9 of 31 CODING: Words stricken are deletions; words underlined are additions. Department of Transportation must make a public announcement and 233 conduct a public awareness campaign about the proposed use of 234 speed detection systems beginning at least 5 days before 235 commencing enforcement using the speed detection systems. The 236 Department of Transportation must notify the public of the 237 specific date on which such use will commence.
During the 5-day 238 public awareness campaign, only a warning may be issued to the 239 registered owner of a motor vehicle for a violation of s. 240 316.183 enforced by a speed detection system, and liability may 241 not be imposed for the civil penalty under s. 318.18(3)(e). 242 (5)(
a) When authorized by a county or municipality, 243 railroad traffic infraction detectors may be placed or installed 244 in accordance with placement and installation specifications 245 developed by the Department of Transportation on state roads, 246 streets, and highways adjacent to or at at-grade railroad 247 crossings and on or near such railroad crossings by the 248 governmental entity having jurisdiction over or maintenance 249 responsibility for the state road, street, or highway. The 250 Department of Transportation must establish such placement and 251 installation specifications by December 31, 2025. 252 (
b) If the Department of Transportation, county, or 253 municipality installs such a railroad traffic infraction 254 detector, the Department of Transportation, county, or 255 municipality, as applicable, must install signage to notify the 256 public that a railroad traffic infraction detector, which 257 includes camera enforcement of maneuvers around crossing arms or 258 stops on an at-grade railroad crossing, may be in use at or near 259 the railroad crossing. Such signage must meet specifications for 260 uniform signals and devices adopted by the Department of 261
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 10 of 31 CODING: Words stricken are deletions; words underlined are additions. Transportation pursuant to s. 316.0745. 262
Section
Section 316.1578, Florida Statutes, is created 263 to read: 264 316.1578 Railroad-highway grade crossings; railroad traffic 265 infraction detector enforcement.— 266
(1) For the purposes of administering this section, the 267 department, a county, or a municipality may authorize a traffic 268 infraction enforcement officer under s. 316.640 to issue a 269 traffic citation for a violation of s. 316.1575 enforced as 270 authorized in ss. 316.008(10) and 351.03(6). 271 (2)(
a) Within 30 days after a violation, notification must 272 be sent to the registered owner of the motor vehicle involved in 273 the violation specifying the remedies available under s. 318.14 274 and that the violator must pay the applicable penalty provided 275 in s. 316.1575 to the department, county, or municipality, 276 furnish an affidavit in accordance with this section, or request 277 a hearing in accordance with subsection (3) within 60 days after 278 the date of the notification in order to avoid the issuance of a 279 traffic citation. The notification must be sent by first-class 280 mail. The mailing of the notice constitutes notification. 281 (
b) Included in the notification to the registered owner of 282 the motor vehicle involved in the violation must be a notice 283 that the owner has the right to review the photographic or 284 electronic images or the streaming video evidence that 285 constitutes a rebuttable presumption against the owner of the 286 vehicle. The notice must state the time and place or Internet 287 location where the evidence may be examined and observed. 288 (3)(
a) Notwithstanding any other provision of law, a person 289 who receives a notice of violation under this
section may 290
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 11 of 31 CODING: Words stricken are deletions; words underlined are additions. request an administrative hearing within 60 days after the 291 notification of violation or pay the penalty pursuant to the 292 notice of the violation, but a payment may not be required 293 before the hearing requested by the person. The notice of 294 violation must direct the person to a website that provides 295 information on the person’s right to request a hearing.
As used 296 in this subsection, the term “person” includes a natural person, 297 registered owner or co-owner of a motor vehicle, or person 298 identified on an affidavit as having care, custody, or control 299 of the motor vehicle at the time of the violation. 300 (
b) If the registered owner or co-owner of the motor 301 vehicle, or the person designated as having care, custody, or 302 control of the motor vehicle at the time of the violation, or an 303 authorized representative of the owner, co-owner, or designated 304 person, requests a hearing pursuant to this subsection, such 305 person waives any challenge or dispute as to the delivery of the 306 notice of violation. 307 (4)(a)1. A traffic citation issued under this
section shall 308 be issued by mailing the traffic citation by certified mail to 309 the address of the registered owner of the motor vehicle 310 involved in the violation if payment has not been made within 60 311 days after notification under subsection (2), if the registered 312 owner has not requested a hearing as authorized under subsection 313 (3), or if an affidavit has not been submitted under subsection 314 (5). 315 2. Delivery of the traffic citation constitutes 316 notification under this paragraph. If the registered owner or 317 co-owner of the motor vehicle, or the person designated as 318 having care, custody, or control of the motor vehicle at the 319
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 12 of 31 CODING: Words stricken are deletions; words underlined are additions. time of the violation, or a duly authorized representative of 320 the owner, co-owner, or designated person, initiates a 321 proceeding to challenge the citation pursuant to this section, 322 such person waives any challenge or dispute as to the delivery 323 of the traffic citation. 324 3.
In the case of joint ownership of a motor vehicle, the 325 traffic citation shall be mailed to the first name appearing on 326 the registration, unless the first name appearing on the 327 registration is a business organization, in which case the 328 second name appearing on the registration may be used. 329 (
b) Included with the traffic citation must be a notice 330 that the owner has the right to review, in person or remotely, 331 the photographic or electronic images or the streaming video 332 evidence that constitutes a rebuttable presumption against the 333 owner of the vehicle. The notice must state the time and place 334 or Internet location where the evidence may be examined and 335 observed. 336 (5)(
a) The owner of the motor vehicle involved in the 337 violation is responsible and liable for paying the uniform 338 traffic citation issued for a violation of s. 316.1575 unless: 339 1. The motor vehicle was, at the time of the violation, in 340 the care, custody, or control of another person; or 341 2. The motor vehicle’s owner was deceased on or before the 342 date that the uniform traffic citation was issued, as 343 established by an affidavit submitted by the representative of 344 the motor vehicle owner’s estate or other designated person or 345 family member. 346 (
b) In order to establish such facts, the owner of the 347 motor vehicle must, within 30 days after the date of issuance of 348
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 13 of 31 CODING: Words stricken are deletions; words underlined are additions. the traffic citation, provide to the appropriate governmental 349 entity an affidavit setting forth detailed information 350 supporting an exemption as provided in this subsection. 351 (
c) An affidavit supporting an exemption under subparagraph 352 (a)2. must include a certified copy of the owner’s death 353 certificate showing that the date of death occurred on or before 354 the issuance of the uniform traffic citation and one of the 355 following: 356 1. A bill of sale or other document showing that the 357 deceased owner’s motor vehicle was sold or transferred after his 358 or her death, but on or before the date of the alleged 359 violation. 360 2.
Documentary proof that the registered license plate 361 belonging to the deceased owner’s vehicle was returned to the 362 department, or any branch office or authorized agent of the 363 department, on or before the date of the alleged violation. 364 3. A copy of a police report showing that the deceased 365 owner’s registered license plate or motor vehicle was stolen 366 after the owner’s death, but on or before the date of the 367 alleged violation. 368 (
d) Upon receipt of an affidavit and documentation required 369 under paragraph (c), the governmental entity must dismiss the 370 citation and provide proof of such dismissal to the person that 371 submitted the affidavit. 372 (
e) Upon receipt of an affidavit supporting an exemption 373 under subparagraph (a)1., the governmental entity may issue to 374 the person designated as having care, custody, or control of the 375 motor vehicle at the time of the violation a notice of violation 376 pursuant to subsection (2) for a violation of s. 316.1575. The 377
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 14 of 31 CODING: Words stricken are deletions; words underlined are additions. affidavit is admissible in a proceeding pursuant to this
section 378 for the purpose of providing proof that the person identified in 379 the affidavit was in actual care, custody, or control of the 380 motor vehicle. Notwithstanding paragraph (b), the owner of a 381 leased vehicle for which a traffic citation is issued for a 382 violation of s. 316.1575 is not responsible for paying the 383 traffic citation and is not required to submit an affidavit as 384 specified in this subsection if the motor vehicle involved in 385 the violation is registered in the name of the lessee of such 386 motor vehicle. 387 (
f) The submission of a false affidavit is a misdemeanor of 388 the second degree, punishable as provided in s. 775.082 or s. 389 775.083. 390
(6) The photographic or electronic images or streaming 391 video attached to or referenced in the traffic citation is 392 evidence that a violation of s. 316.1575 has occurred and is 393 admissible in any proceeding to enforce this
section and raises 394 a rebuttable presumption that the motor vehicle named in the 395 report or shown in the photographic or electronic images or 396 streaming video evidence was used in violation of s. 316.1575. 397 (7)(
a) Penalties assessed and collected by the department, 398 county, or municipality authorized to collect the funds provided 399 for in this section, less the amount retained by the county or 400 municipality pursuant to paragraph (b), shall be paid to the 401 Department of Revenue weekly. Payment by the department, county, 402 or municipality to the state shall be made by means of 403 electronic funds transfers. In addition to the payment,
summary 404 detail of the penalties remitted shall be reported to the 405 Department of Revenue. 406
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b) Penalties to be assessed and collected by the 407 department, county, or municipality are as follows: 408 1.
If a $500 fine is imposed as authorized under s. 409 316.1575(3)(b)1., $300 shall be remitted to the Department of 410 Revenue for deposit into the General Revenue Fund, $150 shall be 411 remitted to the Department of Revenue for deposit into the 412 Department of Transportation for Florida Operation Lifesaver, 413 and $50 shall be distributed to the municipality in which the 414 violation occurred, or, if the violation occurred in an 415 unincorporated area, to the county in which the violation 416 occurred. 417 2.
If a $1,000 fine is imposed as authorized under s. 418 316.1575(3)(b)2., $600 shall be remitted to the Department of 419 Revenue for deposit into the General Revenue Fund, $300 shall be 420 remitted to the Department of Revenue for deposit into the 421 Department of Transportation for Florida Operation Lifesaver, 422 and $100 shall be distributed to the municipality in which the 423 violation occurred, or, if the violation occurred in an 424 unincorporated area, to the county in which the violation 425 occurred. 426 (
c) An individual may not receive a commission from any 427 revenue collected from violations detected through the use of a 428 railroad traffic infraction detector. A manufacturer or vendor 429 may not receive a fee or remuneration based upon the number of 430 violations detected through the use of a railroad traffic 431 infraction detector. 432
Section
Section 316.1894, Florida Statutes, is amended 433 to read: 434 316.1894 School Crossing Guard Recruitment and Retention 435
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 16 of 31 CODING: Words stricken are deletions; words underlined are additions. Program.—The law enforcement agency having jurisdiction over a 436 county or municipality conducting a school zone speed detection 437 system program authorized by s. 316.008(9) must use funds 438 generated pursuant to s. 316.1896(5)(a)5. s. 316.1896(5)(
e) from 439 the school zone speed detection system program to administer the 440 School Crossing Guard Recruitment and Retention Program. Such 441 program may provide recruitment and retention stipends to 442 crossing guards at K-12 public schools, including charter 443 schools, or stipends to third parties for the recruitment of new 444 crossing guards. The School Crossing Guard Recruitment and 445 Retention Program must be designed and managed at the discretion 446 of the law enforcement agency. 447
Section 6. Subsections (1), (2), (5), (8), (9), and (10), 448 paragraph (
a) of subsection (14), subsection (15), and paragraph 449 (
c) of subsection (16) of
section 316.1896, Florida Statutes, 450 are amended to read: 451 316.1896 Roadways maintained as school zones; speed 452 detection system enforcement; penalties; appeal procedure; 453 privacy; reports.— 454
(1) For purposes of administering this section, the 455 Department of Transportation, a county, or a municipality may 456 authorize a traffic infraction enforcement officer under s. 457 316.640 to issue uniform traffic citations for violations of ss. 458 316.1895 and 316.183 as authorized by s. 316.008(9) or s. 459 316.0776(4), as follows: 460 (
a) For a violation of s. 316.1895 in excess of 10 miles 461 per hour over the school zone speed limit which occurs within 30 462 minutes before through 30 minutes after the start of a regularly 463 scheduled breakfast program. 464
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b) For a violation of s. 316.1895 in excess of 10 miles 465 per hour over the school zone speed limit which occurs within 30 466 minutes before through 30 minutes after the start of a regularly 467 scheduled school session. 468 (
c) For a violation of s. 316.183 in excess of 10 miles per 469 hour over the posted speed limit during the entirety of a 470 regularly scheduled school session. 471 (
d) For a violation of s. 316.1895 in excess of 10 miles 472 per hour over the school zone speed limit which occurs within 30 473 minutes before through 30 minutes after the end of a regularly 474 scheduled school session. 475 (
e) For a violation of s. 316.183 in excess of the posted 476 maximum speed in a work zone area as defined in s. 477 316.0776(4)(a). 478 479 Such violation must be evidenced by a speed detection system 480 described in ss. 316.008(9) and 316.0776(3) or s. 316.0776(4). 481 This subsection does not prohibit a review of information from a 482 speed detection system by an authorized employee or agent of the 483 Department of Transportation, a county, or a municipality before 484 issuance of the uniform traffic citation by the traffic 485 infraction enforcement officer.
This subsection does not 486 prohibit the Department of Transportation, a county, or a 487 municipality from issuing notices as provided in subsection (2) 488 to the registered owner of the motor vehicle for a violation of 489 s. 316.1895 or s. 316.183. 490
(2) Within 30 days after a violation, notice must be sent 491 to the registered owner of the motor vehicle involved in the 492 violation specifying the remedies available under s. 318.14 and 493
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 18 of 31 CODING: Words stricken are deletions; words underlined are additions. that the violator must pay the penalty under s. 318.18(3)(
d) or 494 (e), as applicable, to the Department of Transportation, county, 495 or municipality, or furnish an affidavit in accordance with 496 subsection (8), within 30 days after the date of the notice of 497 violation in order to avoid court fees, costs, and the issuance 498 of a uniform traffic citation. The notice of violation must: 499 (
a) Be sent by first-class mail. 500 (
b) Include a photograph or other recorded image showing 501 the license plate of the motor vehicle; the date, time, and 502 location of the violation; the maximum speed at which the motor 503 vehicle was traveling within the school zone or work zone area; 504 and the speed limit within the school zone or work zone area at 505 the time of the violation. 506 (
c) Include a notice that the owner has the right to 507 review, in person or remotely, the photograph or video captured 508 by the speed detection system and the evidence of the speed of 509 the motor vehicle detected by the speed detection system which 510 constitute a rebuttable presumption that the motor vehicle was 511 used in violation of s. 316.1895 or s. 316.183. 512 (
d) State the time when, and the place or website at which, 513 the photograph or video captured and evidence of speed detected 514 may be examined and observed. 515 (5)(
a) Penalties assessed and collected by the county or 516 municipality authorized to collect the funds provided for in 517 this
section for violations in school zones, less the amount 518 retained by the county or municipality pursuant to subparagraph 519 2. and subparagraph 5. paragraph (
b) and paragraph (
e) and the 520 amount remitted to the county school district pursuant to 521 subparagraph 4. paragraph (d), must be paid to the Department of 522
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 19 of 31 CODING: Words stricken are deletions; words underlined are additions. Revenue weekly. Such payment must be made by means of electronic 523 funds transfer. In addition to the payment, a detailed
summary 524 of the penalties remitted must be reported to the Department of 525 Revenue. Penalties to be assessed and collected by the county or 526 municipality as established in s. 318.18(3)(
d) must be remitted 527 as follows: 528 1.(
a) Twenty dollars must be remitted to the Department of 529 Revenue for deposit into the General Revenue Fund. 530 2.(
b) Sixty dollars must be retained by the county or 531 municipality and must be used to administer speed detection 532 systems in school zones and other public safety initiatives. 533 3.(
c) Three dollars must be remitted to the Department of 534 Revenue for deposit into the Department of Law Enforcement 535 Criminal Justice Standards and Training Trust Fund. 536 4.(
d) Twelve dollars must be remitted to the county school 537 district in which the violation occurred and must be used for 538 school security initiatives, for student transportation, or to 539 improve the safety of student walking conditions. Funds remitted 540 under this subparagraph paragraph must be shared with charter 541 schools in the district based on each charter school’s 542 proportionate share of the district’s total unweighted full-time 543 equivalent student enrollment and must be used for school 544 security initiatives or to improve the safety of student walking 545 conditions. 546 5.(
e) Five dollars must be retained by the county or 547 municipality for the School Crossing Guard Recruitment and 548 Retention Program pursuant to s. 316.1894. 549 (
b) Penalties assessed and collected by the Department of 550 Transportation’s traffic infraction enforcement officers 551
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 20 of 31 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 318.18(3)(
e) must be paid to the Department of 552 Revenue weekly. Such payments must be made by means of 553 electronic funds transfer. Penalties assessed and collected by 554 the Department of Revenue must be remitted as follows: 555 1. Sixty dollars must be remitted to the Department of 556 Revenue for deposit into the State Transportation Trust Fund and 557 used for safety campaigns. 558 2. Forty dollars must be remitted to the Department of 559 Revenue for deposit into the General Revenue Fund and used to 560 support charities designated by the Department of Transportation 561 which provide financial assistance to families of construction 562 workers killed in work zone areas. 563
(8) To establish such facts under subsection (7), the 564 registered owner of the motor vehicle must, within 30 days after 565 the date of issuance of the notice of violation or the uniform 566 traffic citation, furnish to the appropriate governmental entity 567 an affidavit setting forth information supporting an exception 568 under subsection (7). 569 (
a) An affidavit supporting the exception under paragraph 570 (7)(
a) must include the name, address, date of birth, and, if 571 known, the driver license number of the person who leased, 572 rented, or otherwise had care, custody, or control of the motor 573 vehicle at the time of the alleged violation. If the motor 574 vehicle was stolen at the time of the alleged violation, the 575 affidavit must include the police report indicating that the 576 motor vehicle was stolen. 577 (
b) If a uniform traffic citation for a violation of s. 578 316.1895 or s. 316.183 was issued at the location of the 579 violation by a law enforcement officer, the affidavit must 580
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 21 of 31 CODING: Words stricken are deletions; words underlined are additions. include the serial number of the uniform traffic citation. 581 (
c) If the motor vehicle’s owner to whom a notice of 582 violation or a uniform traffic citation has been issued is 583 deceased, the affidavit must include a certified copy of the 584 owner’s death certificate showing that the date of death 585 occurred on or before the date of the alleged violation and one 586 of the following: 587 1. A bill of sale or other document showing that the 588 deceased owner’s motor vehicle was sold or transferred after his 589 or her death but on or before the date of the alleged violation. 590 2.
Documented proof that the registered license plate 591 belonging to the deceased owner’s motor vehicle was returned to 592 the department or any branch office or authorized agent of the 593 department after his or her death but on or before the date of 594 the alleged violation. 595 3. A copy of the police report showing that the deceased 596 owner’s registered license plate or motor vehicle was stolen 597 after his or her death but on or before the date of the alleged 598 violation. 599 600 Upon receipt of the affidavit and documentation required under 601 paragraphs (
b) and (c), or 30 days after the date of issuance of 602 a notice of violation sent to a person identified as having 603 care, custody, or control of the motor vehicle at the time of 604 the violation under paragraph (a), the Department of 605 Transportation, county, or municipality must dismiss the notice 606 or citation and provide proof of such dismissal to the person 607 who submitted the affidavit. If, within 30 days after the date 608 of a notice of violation sent to a person under subsection (9), 609
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 22 of 31 CODING: Words stricken are deletions; words underlined are additions. the Department of Transportation, county, or municipality 610 receives an affidavit under subsection (10) from the person sent 611 a notice of violation affirming that the person did not have 612 care, custody, or control of the motor vehicle at the time of 613 the violation, the Department of Transportation, county, or 614 municipality must notify the registered owner that the notice or 615 citation will not be dismissed due to failure to establish that 616 another person had care, custody, or control of the motor 617 vehicle at the time of the violation. 618
(9) Upon receipt of an affidavit under paragraph (8)(a), 619 the Department of Transportation, county, or municipality may 620 issue the person identified as having care, custody, or control 621 of the motor vehicle at the time of the violation a notice of 622 violation pursuant to subsection (2) for a violation of s. 623 316.1895 or s. 316.183. The affidavit is admissible in a 624 proceeding pursuant to this
section for the purpose of providing 625 evidence that the person identified in the affidavit was in 626 actual care, custody, or control of the motor vehicle. The owner 627 of a leased motor vehicle for which a uniform traffic citation 628 is issued for a violation of s. 316.1895 or s. 316.183 is not 629 responsible for paying the uniform traffic citation and is not 630 required to submit an affidavit as specified in subsection (8) 631 if the motor vehicle involved in the violation is registered in 632 the name of the lessee of such motor vehicle. 633
(10) If the Department of Transportation, a county, or a 634 municipality receives an affidavit under paragraph (8)(a), the 635 notice of violation required under subsection (2) must be sent 636 to the person identified in the affidavit within 30 days after 637 receipt of the affidavit. The person identified in an affidavit 638
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 23 of 31 CODING: Words stricken are deletions; words underlined are additions. and sent a notice of violation may also affirm that he or she 639 did not have care, custody, or control of the motor vehicle at 640 the time of the violation by furnishing to the appropriate 641 governmental entity within 30 days after the date of the notice 642 of violation an affidavit stating such. 643
(14) A hearing under this
section must be conducted under 644 the procedures established by s. 316.0083(5) and as follows: 645 (
a) The department must publish and make available 646 electronically to the Department of Transportation and each 647 county and municipality a model request for hearing form to 648 assist the Department of Transportation and each county or 649 municipality administering this section. 650 (15)(
a) A speed detection system in a school zone or a work 651 zone area may not be used for remote surveillance. The 652 collection of evidence by a speed detection system to enforce 653 violations of ss. 316.1895 and 316.183, or user-controlled pan 654 or tilt adjustments of speed detection system components, do not 655 constitute remote surveillance.
Recorded video or photographs 656 collected as part of a speed detection system in a school zone 657 or a work zone area may only be used to document violations of 658 ss. 316.1895 and 316.183 and for purposes of determining 659 criminal or civil liability for incidents captured by the speed 660 detection system incidental to the permissible use of the speed 661 detection system. 662 (
b) Any recorded video or photograph obtained through the 663 use of a speed detection system must be destroyed within 90 days 664 after the final disposition of the recorded event. The vendor of 665 a speed detection system must provide the Department of 666 Transportation, county, or municipality with written notice by 667
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 24 of 31 CODING: Words stricken are deletions; words underlined are additions. December 31 of each year that such records have been destroyed 668 in accordance with this subsection. 669 (
c) Notwithstanding any other law, registered motor vehicle 670 owner information obtained as a result of the operation of a 671 speed detection system in a school zone or a work zone area is 672 not the property of the manufacturer or vendor of the speed 673 detection system and may be used only for the purposes of this 674 section. 675 (16) 676 (
c) On or before December 31, 2024, and annually 677 thereafter, the department must submit a
summary report to the 678 Governor, the President of the Senate, and the Speaker of the 679 House of Representatives regarding the use of speed detection 680 systems under this section, along with any legislative 681 recommendations from the department. The department shall 682 consult with the Department of Transportation on any legislative 683 recommendations related to speed detection systems in work zone 684 areas. The
summary report must include a review of the 685 information submitted to the department by the counties and 686 municipalities and must describe the enhancement of safety and 687 enforcement programs. 688
Section 7. Paragraph (
d) of subsection (1) of
section 689 316.1906, Florida Statutes, is amended to read: 690 316.1906 Radar speed-measuring devices; speed detection 691 systems; evidence, admissibility.— 692
(1) DEFINITIONS.— 693 (d) “Officer” means any: 694 1. “Law enforcement officer” who is elected, appointed, or 695 employed full time by any municipality or the state or any 696
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 25 of 31 CODING: Words stricken are deletions; words underlined are additions. political subdivision thereof; who is vested with the authority 697 to bear arms and make arrests; and whose primary responsibility 698 is the prevention and detection of crime or the enforcement of 699 the penal, criminal, traffic, or highway laws of the state; 700 2. “Part-time law enforcement officer” who is employed or 701 appointed less than full time, as defined by an employing 702 agency, with or without compensation; who is vested with 703 authority to bear arms and make arrests; and whose primary 704 responsibility is the prevention and detection of crime or the 705 enforcement of the penal, criminal, traffic, or highway laws of 706 the state; 707 3. “Auxiliary law enforcement officer” who is employed or 708 appointed, with or without compensation; who aids or assists a 709 full-time or part-time law enforcement officer; and who, while 710 under the direct supervision of a full-time or part-time law 711 enforcement officer, has the authority to arrest and perform law 712 enforcement functions; or 713 4. “Traffic infraction enforcement officer” who is employed 714 or appointed, with or without compensation, and satisfies the 715 requirements of s. 316.640(1) or (5) s. 316.640(5) and is vested 716 with authority to enforce violations of ss. 316.1895 and 316.183 717 pursuant to s. 316.1896. 718
Section 8. Paragraph (
a) of subsection (3) of
section 719 316.306, Florida Statutes, is amended to read: 720 316.306 School and work zones; prohibition on the use of a 721 wireless communications device in a handheld manner.— 722 (3)(a)1. A person may not operate a motor vehicle while 723 using a wireless communications device in a handheld manner in a 724 designated school crossing, school zone, or work zone area as 725
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 26 of 31 CODING: Words stricken are deletions; words underlined are additions. defined in s. 316.003 s. 316.003(112). This subparagraph shall 726 only be applicable to work zone areas if construction personnel 727 are present or are operating equipment on the road or 728 immediately adjacent to the work zone area. For the purposes of 729 this paragraph, a motor vehicle that is stationary is not being 730 operated and is not subject to the prohibition in this 731 paragraph. 732 2.
Effective January 1, 2020, a law enforcement officer may 733 stop motor vehicles and issue citations to persons who are 734 driving while using a wireless communications device in a 735 handheld manner in violation of subparagraph 1. 736
Section 9. Paragraph (
b) of subsection (1) of
section 737 316.640, Florida Statutes, is amended to read: 738 316.640 Enforcement.—The enforcement of the traffic laws of 739 this state is vested as follows: 740
(1) STATE.— 741 (b)1. The Department of Transportation has authority to 742 enforce on all the streets and highways of this state all laws 743 applicable within its authority. 744 2.a. The Department of Transportation shall develop 745 training and qualifications standards for toll enforcement 746 officers whose sole authority is to enforce the payment of tolls 747 pursuant to s. 316.1001. Nothing in this subparagraph shall be 748 construed to permit the carrying of firearms or other weapons, 749 nor shall a toll enforcement officer have arrest authority. 750 b.
For the purpose of enforcing s. 316.1001, governmental 751 entities, as defined in s. 334.03, which own or operate a toll 752 facility may employ independent contractors or designate 753 employees as toll enforcement officers; however, any such toll 754
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 27 of 31 CODING: Words stricken are deletions; words underlined are additions. enforcement officer must successfully meet the training and 755 qualifications standards for toll enforcement officers 756 established by the Department of Transportation. 757 3. For the purpose of enforcing s. 316.0083 or s. 316.1896, 758 the department may designate employees as traffic infraction 759 enforcement officers.
A traffic infraction enforcement officer 760 must successfully complete instruction in traffic enforcement 761 procedures and court presentation through the Selective Traffic 762 Enforcement Program as approved by the Division of Criminal 763 Justice Standards and Training of the Department of Law 764 Enforcement, or through a similar program, but may not 765 necessarily otherwise meet the uniform minimum standards 766 established by the Criminal Justice Standards and Training 767 Commission for law enforcement officers or auxiliary law 768 enforcement officers under s. 943.13.
This subparagraph does not 769 authorize the carrying of firearms or other weapons by a traffic 770 infraction enforcement officer and does not authorize a traffic 771 infraction enforcement officer to make arrests. The department’s 772 traffic infraction enforcement officers must be physically 773 located in the state. 774
Section 10. Paragraphs (
d) and (
e) of subsection (3) of 775
section 318.18, Florida Statutes, are amended to read: 776 318.18 Amount of penalties.—The penalties required for a 777 noncriminal disposition pursuant to s. 318.14 or a criminal 778 offense listed in s. 318.17 are as follows: 779 (3) 780 (d)1. Notwithstanding paragraphs (
b) and (c), a person 781 cited for a violation of s. 316.1895(10) or s. 316.183 for 782 exceeding the speed limit in force at the time of the violation 783
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 28 of 31 CODING: Words stricken are deletions; words underlined are additions. on a roadway maintained as a school zone as provided in s. 784 316.1895, when enforced by a traffic infraction enforcement 785 officer pursuant to s. 316.1896, must pay a fine of $100. Fines 786 collected under this paragraph must be distributed as follows: 787 a. Twenty dollars must be remitted to the Department of 788 Revenue for deposit into the General Revenue Fund. 789 b.
Seventy-seven dollars must be distributed to the county 790 for any violations occurring in any unincorporated areas of the 791 county or to the municipality for any violations occurring in 792 the incorporated boundaries of the municipality in which the 793 infraction occurred, to be used as provided in s. 316.1896(5)(a) 794 s. 316.1896(5). 795 c. Three dollars must be remitted to the Department of 796 Revenue for deposit into the Department of Law Enforcement 797 Criminal Justice Standards and Training Trust Fund to be used as 798 provided in s. 943.25. 799 2.
If a person who is mailed a notice of violation or a 800 uniform traffic citation for a violation of s. 316.1895(10) or 801 s. 316.183, as enforced by a traffic infraction enforcement 802 officer under s. 316.1896, presents documentation from the 803 appropriate governmental entity that the notice of violation or 804 uniform traffic citation was in error, the clerk of court or 805 clerk to the local hearing officer may dismiss the case. The 806 clerk of court or clerk to the local hearing officer may not 807 charge for this service. 808 (e)1.
Except as provided in subparagraph 2., a person cited 809 for exceeding the speed limit in a posted construction zone, 810 which posting must include notification of the speed limit and 811 the doubling of fines, shall pay a fine double the amount listed 812
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 29 of 31 CODING: Words stricken are deletions; words underlined are additions. in paragraph (b). The fine shall be doubled for construction 813 zone violations only if construction personnel are present or 814 operating equipment on the road or immediately adjacent to the 815 road under construction. 816 2.a.
Notwithstanding paragraph (b), a person cited for a 817 violation of s. 316.183 for exceeding the speed limit in force 818 at the time of the violation in a work zone area as defined in 819 s. 316.0776(4)(a), when enforced by a traffic infraction 820 enforcement officer pursuant to s. 316.1896, must pay a fine of 821 $100. The $100 fine must be remitted as follows: 822 (
I) Sixty dollars must be remitted to the Department of 823 Revenue for deposit into the State Transportation Trust Fund and 824 used for safety campaigns. 825 (II) Forty dollars must be remitted to the Department of 826 Revenue for deposit into the General Revenue Fund and used to 827 support charities designated by the Department of Transportation 828 which provide financial assistance to families of construction 829 workers killed in work zone areas. 830 b.
If a person who is mailed a uniform traffic citation for 831 a violation of s. 316.183, as enforced by a traffic infraction 832 enforcement officer under s. 316.1896, presents documentation 833 from the appropriate governmental entity that the traffic 834 citation was in error, the clerk of the court must dismiss the 835 citation. The clerk of the court may not charge for this 836 service. 837
Section
Section 348.025, Florida Statutes, is created 838 to read: 839 348.025 Speed detection systems; placement and 840 installation.— 841
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 30 of 31 CODING: Words stricken are deletions; words underlined are additions.
(1) For purposes of this section, the term: 842 (a) “Speed detection system” has the same meaning as in s. 843 316.003. 844 (b) “Work zone area” has the same meaning as in s. 845 316.0776(4)(a). 846
(2) An expressway authority created in this
chapter may 847 enforce the posted speed limit on the portion of a highway 848 designated as a work zone area through the use of a speed 849 detection system. 850
(3) If the department has contracted with a vendor for the 851 placement or installation of speed detection systems in work 852 zone areas as authorized under s. 316.0776(4)(c), the department 853 must enter into an agreement with any expressway authority that 854 decides to use speed detection systems as authorized in 855 subsection (2) to place or install such speed detection systems 856 under the department’s contract. 857
Section 12. Subsection (6) is added to
section 351.03, 858 Florida Statutes, to read: 859 351.03 Railroad-highway grade-crossing warning signs and 860 signals; audible warnings; exercise of reasonable care; blocking 861 highways, roads, and streets during darkness.— 862
(6) A county or municipality may place or install a 863 railroad traffic infraction detector as defined in s. 316.003 to 864 enforce s. 316.1575 at a railroad-highway grade crossing. 865
Section 13. Subsection (1) of
section 655.960, Florida 866 Statutes, is amended to read: 867 655.960
Definitions; ss. 655.960-655.965.—As used in this 868
section and ss. 655.961-655.965, unless the context otherwise 869 requires: 870
Florida Senate - 2025 SB 812 38-00978-25 2025812__ Page 31 of 31 CODING: Words stricken are deletions; words underlined are additions. (1) “Access area” means any paved walkway or sidewalk which 871 is within 50 feet of any automated teller machine. The term does 872 not include any street or highway open to the use of the public, 873 as defined in s. 316.003(91)(
a) or (
b) s. 316.003(90)(
a) or (b), 874 including any adjacent sidewalk, as defined in s. 316.003. 875