Florida Senate - 2022 SB 702 By Senator Burgess 20-00718-22 2022702__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to photographic enforcement of school 2 bus safety; creating s. 316.616, F.S.; defining the 3 terms “school bus” and “side stop signal arm 4 enforcement system”; authorizing school districts to 5 install and operate side stop signal arm enforcement 6 systems on school buses; requiring school districts to 7 post certain warning signs or stickers on such buses; 8 authorizing school districts to contract with a 9 private vendor or manufacturer to provide side stop 10 signal arm enforcement systems and certain services; 11 requiring manufacturers and vendors to submit 12 specified information to law enforcement agencies 13 within a specified timeframe; requiring law 14 enforcement agencies to review such information to 15 determine whether a violation occurred and 16 electronically certify the notice of violation under 17 certain circumstances; providing that certain 18 certificates sworn to or affirmed by a law enforcement 19 officer are prima facie evidence; providing that 20 recorded images evidencing a violation of this act are 21 admissible in any judicial or administrative 22 proceeding for a certain purpose; providing a 23 rebuttable presumption; providing notice requirements 24 and procedures; authorizing motor vehicle owners 25 served a notice of violation to take certain actions 26 as a final disposition of such notice; providing that 27 payment of the fine operates as a final disposition of 28 the civil penalty; providing notice requirements and 29

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. procedures for unpaid civil penalties; requiring the 30 Department of Highway Safety and Motor Vehicles to 31 refuse to renew the registration of motor vehicles and 32 prohibit the transfer of title under specified 33 circumstances; requiring the department to remove 34 penalties imposed on a motor vehicle owner upon 35 presentation of adequate proof; requiring that side 36 stop signal arm enforcement system equipment be 37 incapable of automated or user-controlled remote 38 surveillance; specifying requirements of and 39 prohibitions on the use of recorded video and still 40 images captured by the side stop signal arm 41 enforcement system; providing that a motor vehicle 42 owner is not responsible for a violation of this act 43 if the vehicle was reported stolen at the time the 44 violation occurred; providing civil penalties; 45 providing for distribution of such penalties; 46 providing construction; requiring school districts 47 operating a side stop signal arm enforcement system to 48 provide a

summary report to the Governor, the 49 Legislature, and the department annually by a 50 specified date; requiring the State Board of Education 51 to adopt rules for a specified purpose and authorizing 52 it to adopt other rules; amending s. 1006.21, F.S.; 53 conforming a provision to changes made by the act; 54 providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions.

Section

Section 316.616, Florida Statutes, is created to 59 read: 60 316.616 School buses; side stop signal arm enforcement 61 system.— 62

(1) As used in this section, the term: 63 (a) “School bus” has the same meaning as provided in s. 64 316.6145. 65 (b) “Side stop signal arm enforcement system” means a 66 camera system affixed to a school bus with two or more camera 67 sensors or computers that produce recorded video and two or more 68 film or digital photographic still images for the purpose of 69 documenting a motor vehicle being used or operated in a manner 70 that allegedly violates s. 316.172. 71 (2)(

a) A school district may install and operate a side 72 stop signal arm enforcement system on a school bus for the 73 purpose of enforcing s. 316.172. The school district shall post 74 a warning sign or sticker on all school buses in which a system 75 is installed and operational indicating the use of such system. 76 (

b) The school district may contract with a private vendor 77 or manufacturer to provide a side stop signal arm enforcement 78 system on each bus within its fleet, whether owned, contracted, 79 or leased, and for services including, but not limited to, the 80 installation, operation, and maintenance of the system. The 81 school district’s decision to establish a side stop signal arm 82 enforcement system must be based solely on the need to increase 83 public safety. 84 (

c) A school district shall ensure that the side stop 85 signal arm enforcement system meets the requirements of 86 subsection (12). 87

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(3) Each private manufacturer or vendor shall, within 30 88 days after an alleged violation is captured, submit the 89 following information to a law enforcement agency authorized to 90 enforce violations of s. 316.172: 91 (

a) A copy of the recorded image showing the motor vehicle. 92 (

b) The license plate number and state of issuance of the 93 motor vehicle. 94 (

c) The date, time, and place of the alleged violation. 95 (4)(

a) Each law enforcement agency authorized to enforce 96 violations of s. 316.172 shall review the information submitted 97 by the private manufacturer or vendor as provided under 98 subsection (3) to determine whether there is sufficient evidence 99 that a violation of s. 316.172 occurred and, if the evidence 100 shows a violation occurred, shall electronically certify a 101 notice of violation. 102 (

b) A certificate or a facsimile of a certificate based on 103 inspection of recorded images produced by a side stop signal arm 104 enforcement system and sworn to or affirmed by a law enforcement 105 officer authorized to enforce violations of s. 316.172 shall be 106 prima facie evidence of the facts contained in it. Upon request 107 by the law enforcement agency, the school district shall provide 108 written documentation that the side stop signal arm enforcement 109 system was operating correctly at the time of the alleged 110 violation. 111 (

c) A recorded image evidencing a violation of s. 316.172 112 shall be admissible in any judicial or administrative proceeding 113 to adjudicate the liability for the violation. 114 (

d) A rebuttable presumption shall exist that the 115 registered owner of the motor vehicle was the driver at the time 116

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. of the alleged violation. 117 (5)(

a) Within 30 days after receiving the information 118 provided under subsection (3), a law enforcement agency 119 authorized to enforce violations of s. 316.172 or an agent 120 authorized by such law enforcement agency shall send by first-121 class mail a notice of violation to the registered owner of the 122 motor vehicle involved in the violation. Mailing the notice of 123 violation constitutes notification. 124 (

b) In the case of joint ownership of a motor vehicle, the 125 notice of violation shall be mailed to the first name appearing 126 on the registration. However, if the first name appearing on the 127 registration is a business entity, the second name appearing on 128 the registration may be used. 129 (

c) The notice of violation must include all of the 130 following: 131 1. A copy of the recorded image showing the motor vehicle 132 involved in the violation. 133 2. A citation for the violation indicating the date, time, 134 and location of the alleged violation. 135 3. The amount of the civil penalty and the date by which 136 such penalty must be paid. 137 4. A copy of the certificate described in subsection (4) 138 and a statement of the inference therein. 139 5. Instructions on how to request a hearing to contest 140 liability or notice. 141 6.

A warning that failure to pay the civil penalty or to 142 contest liability within 30 days after the notice is mailed 143 shall waive the right to contest liability. 144 (

d) The owner of the motor vehicle involved in a violation 145

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. may admit responsibility for the violation and pay the fine as 146 indicated on the notice of violation. Payment of the fine 147 operates as a final disposition of the civil penalty. 148 (6)(

a) If a violation has not been contested and the civil 149 penalty has not been paid within 30 days after a notice required 150 under subsection (5) is mailed, the law enforcement agency or an 151 agent authorized by the law enforcement agency shall send by 152 first-class mail a final notice of the unpaid civil penalty.

The 153 final notice must inform the owner that the law enforcement 154 agency or the agent authorized by the law enforcement agency 155 shall send a referral to the department if the civil penalty is 156 not paid within 30 days after the final notice was mailed and 157 that such referral shall result in the nonrenewal of the 158 registration of such motor vehicle and prohibit the title 159 transfer of such motor vehicle within this state. 160 (

b) A referral sent to the department under paragraph (a) 161 must include all of the following: 162 1. Any information known or available to the law 163 enforcement agency or an authorized agent concerning the motor 164 vehicle’s license plate number and year of registration and the 165 name of the registered owner of the motor vehicle. 166 2. The date on which the violation occurred. 167 3. The dates on which the required notice and final notice 168 were mailed. 169 4. The seal, logo, emblem, or electronic seal of the law 170 enforcement agency. 171 (

c) Within 5 days after receipt of a referral under 172 paragraph (a), the department shall enter the referral into the 173 department’s motor vehicle database and shall refuse to renew 174

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. the registration of the motor vehicle and prohibit the title 175 transfer of the motor vehicle within this state until the civil 176 penalty is paid. The department shall send the registered owner 177 of the motor vehicle by first-class mail a notice stating: 178 1. That the registration of the motor vehicle involved in 179 the violation cannot be renewed within this state. 180 2.

That the title of the motor vehicle involved in the 181 violation cannot be transferred within this state. 182 3. That the penalties provided in this paragraph are being 183 imposed due to failure to pay the civil penalty for a violation 184 of s. 316.172 as provided in this section. 185 4. The procedure provided in paragraph (

d) for removing the 186 penalties provided in this paragraph. 187 (

d) The department shall remove the penalties imposed under 188 paragraph (

c) when the registered owner of the motor vehicle or 189 any other person presents the department with adequate proof 190 that the civil penalty has been paid. 191 (7)(a)1. Notwithstanding any other law, equipment deployed 192 as part of a side stop signal arm enforcement system as provided 193 under this

section must be incapable of automated or user-194 controlled remote surveillance by means of recorded video or 195 still images. 196 2. Recorded images collected as part of the side stop 197 signal arm enforcement system may only be used to document 198 violations of s. 316.172 and may not be used for any other 199 surveillance purposes. 200 3. To the extent practicable, a side stop signal arm 201 enforcement system must use necessary technology to ensure that 202 recorded video or still images produced by the system do not 203

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. identify the driver, any passenger, or the contents of a motor 204 vehicle. 205 4. A notice of a violation issued under this

section may 206 not be dismissed solely because a recorded video or still images 207 allow for the identification of the driver, any passenger, or 208 the contents of a motor vehicle as long as a reasonable effort 209 has been made to comply with this subsection. 210 (

b) Any recorded video or still image obtained through the 211 use of a side stop signal arm enforcement system must be 212 destroyed within 90 days after the final disposition of the 213 recorded event. The vendor of a side stop signal arm enforcement 214 system shall provide the school district with written notice by 215 December 31 of each year that such records have been destroyed 216 in accordance with this section. 217 (

c) Notwithstanding any other law, registered motor vehicle 218 owner information obtained as a result of the operation of a 219 side stop signal arm enforcement system is not the property of 220 the manufacturer or vendor of the system and may be used only 221 for the purposes of this section. 222

(8) The owner of a motor vehicle is not responsible for a 223 violation of this

section if the vehicle involved was reported 224 to a state or local law enforcement agency as stolen at the time 225 the violation occurred. 226

(9) This

section supplements the enforcement of s. 316.172 227 by law enforcement officers when a driver fails to stop while a 228 school bus is stopped and does not prohibit a law enforcement 229 officer from issuing a traffic citation for a violation of s. 230 316.172. 231 (10)(

a) The registered owner of a motor vehicle who is 232

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. found in violation of s. 316.172 by a side stop signal arm 233 enforcement system is subject to a civil penalty of $200 for a 234 violation of s. 316.172(1)(

a) and $400 for a violation of s. 235 316.172(1)(b). Notwithstanding s. 318.18(5), the fine shall be 236 paid to the school district in which the violation occurred and 237 must be used for the installation or maintenance of side stop 238 signal arm enforcement systems on school buses or for any other 239 technology that increases the safety of the transportation of 240 students. 241 (

b) For each violation under this section, the registered 242 owner of the motor vehicle shall be liable for the imposed 243 penalty unless the owner is convicted of the same violation 244 under s. 316.172 or unless the motor vehicle was stolen at the 245 time of the violation as provided under subsection (8). 246 (

c) A violation for which a civil penalty is imposed 247 pursuant to this

section is not considered a moving violation 248 for the purpose of assessing points under s. 322.27(3). Such 249 violation is noncriminal, and imposition of a civil penalty 250 pursuant to this

section does not constitute a conviction, may 251 not be made a part of the driving record of the person upon whom 252 such liability is imposed, and may not be used for any purposes 253 in the provision of motor vehicle insurance. 254

(11) By December 31, 2022, and annually thereafter, a 255 school district operating a side stop signal arm enforcement 256 system shall provide a

summary report to the Governor, the 257 President of the Senate, the Speaker of the House of 258 Representatives, and the department regarding the use and 259 operation of the system under this section, including the number 260 of citations issued and the amount of funds collected for the 261

Florida Senate - 2022 SB 702 20-00718-22 2022702__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. preceding state fiscal year. 262

(12) A side stop signal arm enforcement system must meet 263 specifications established by the State Board of Education and 264 must be tested at regular intervals according to specifications 265 prescribed by state board rule. The state board must establish 266 such specifications by rule on or before December 31, 2022. 267 However, any such equipment acquired by purchase, lease, or 268 other arrangement under an agreement entered into by a school 269 district on or before July 1, 2023, or equipment used to enforce 270 violations of s. 316.172 on or before July 1, 2023, is not 271 required to meet the specifications established by the state 272 board until July 1, 2023. 273

(13) The State Board of Education may adopt rules to 274 address student privacy concerns that may arise from the use of 275 a side stop signal arm enforcement system. 276

Section 2. Paragraph (

h) is added to subsection (3) of 277

section 1006.21, Florida Statutes, to read: 278 1006.21 Duties of district school superintendent and 279 district school board regarding transportation.— 280

(3) District school boards, after considering 281 recommendations of the district school superintendent: 282 (

h) May install and operate, or enter into an agreement 283 with a private vendor or manufacturer to provide, a side stop 284 signal arm enforcement system for each school bus pursuant to s. 285 316.616. 286

Section 3. This act shall take effect July 1, 2022. 287