Fines for Violations Detected by Traffic Infraction Detectors

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A bill to be entitled 1
An act relating to fines for violations detected by 2
traffic infraction detectors; repealing ss. 316.0083 3
and 321.50, F.S., relating to the Mark Wandall Traffic 4
Safety Program and authorization to use traffic 5
infraction detectors, respectively; amending ss. 28.37 6
and 316.003, F.S.; conforming provisions to changes 7
made by the act; amending s. 316.008, F.S.; 8
authorizing a county or municipality to issue a fine 9
for certain violations detected through the use of a 10
traffic infraction detector; requiring the fine to be 11
accompanied by a certain photograph or image; 12
repealing s. 316.00831, F.S., relating to distribution 13
of penalties; amending ss. 316.173, 316.1896, 316.640, 14
316.650, 318.121, 318.14, 318.15, 318.18, 320.03, and 15
322.27, F.S.; conforming provisions to changes made by 16
the act; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Sections 316.0083 and 321.50, Florida Statutes, 21
are repealed. 22
Section 2. Subsection (6) of section 28.37, Florida 23
Statutes, is amended to read: 24
28.37 Fines, fees, service charges, and costs remitted to 25

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the state.— 26
(6) Ten percent of all court-related fines collected by 27
the clerk, except for penalties or fines distributed to counties 28
or municipalities under s. 318.18(16) s. 316.0083(1)(b)3. or s. 29
318.18(16)(a), must be deposited into the fine and forfeiture 30
fund to be used exclusively for clerk court-related functions, 31
as provided in s. 28.35(3)(a). 32
Section 3. Subsections (38) and (101) of section 316.003, 33
Florida Statutes, are amended to read: 34
316.003 Definitions.—The following words and phrases, when 35
used in this chapter, shall have the meanings respectively 36
ascribed to them in this section, except where the context 37
otherwise requires: 38
(38) LOCAL HEARING OFFICER.—The person, designated by a 39
department, county, or municipality that elects to authorize 40
traffic infraction enforcement officers to issue traffic 41
citations under s. 316.1896(1) ss. 316.0083(1)(a) and 42
316.1896(1), who is authorized to conduct hearings related to a 43
notice of violation issued pursuant to s. 316.0083 or s. 44
316.1896. The charter county, noncharter county, or municipality 45
may use its currently appointed code enforcement board or 46
special magistrate to serve as the local hearing officer. The 47
department may enter into an interlocal agreement to use the 48
local hearing officer of a county or municipality. 49
(101) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor 50

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installed to work in conjunction with a traffic control signal 51
and a camera or cameras synchronized to automatically record two 52
or more sequenced photographic or electronic images or streaming 53
video of only the rear of a motor vehicle at the time the 54
vehicle fails to stop behind the stop bar or clearly marked stop 55
line when facing a traffic control signal steady red light. Any 56
notification under s. 316.0083(1)(b) or traffic citation issued 57
by the use of a traffic infraction detector must include a 58
photograph or other recorded image showing both the license tag 59
of the offending vehicle and the traffic control device being 60
violated. 61
Section 4. Subsection (8) of section 316.008, Florida 62
Statutes, is amended to read: 63
316.008 Powers of local authorities.— 64
(8)(a) A county or municipality may use traffic infraction 65
detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a 66
driver fails to stop at a traffic signal on streets and highways 67
under its jurisdiction under s. 316.0083. Only a municipality 68
may install or authorize the installation of any such detectors 69
within the incorporated area of the municipality. Only a county 70
may install or authorize the installation of any such detectors 71
within the unincorporated area of the county. 72
(b) Pursuant to paragraph (a), a municipality may install 73
or, by contract or interlocal agreement, authorize the 74
installation of any such detectors only within the incorporated 75

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area of the municipality, and a county may install or, by 76
contract or interlocal agreement, authorize the installation of 77
any such detectors only within the unincorporated area of the 78
county. A county may authorize installation of any such 79
detectors by interlocal agreement on roads under its 80
jurisdiction. 81
(c) Pursuant to s. 316.0083, A county or municipality may 82
use traffic infraction detectors to enforce s. 316.074(1) or s. 83
316.075(1)(c)1. when a driver fails to stop at a traffic signal 84
on state roads under the original jurisdiction of the Department 85
of Transportation when permitted by the Department of 86
Transportation. 87
(d) Notwithstanding any other provision of law, a county 88
or municipality may issue a fine for a violation of s. 89
316.074(1) or s. 316.075(1)(c)1. detected through the use of a 90
traffic infraction detector. The fine must be accompanied by a 91
photograph or other recorded image showing both the license tag 92
of the offending vehicle and the traffic control device being 93
violated. 94
Section 5. Section 316.00831, Florida Statutes, is 95
repealed. 96
Section 6. Paragraph (b) of subsection (6) of section 97
316.173, Florida Statutes, is amended to read: 98
316.173 School bus infraction detection systems.— 99
(6) 100

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(b) Procedures for an administrative hearing conducted 101
under this subsection are as follows: 102
1. The department shall make available electronically to 103
the school district or its designee or the county a Request for 104
Hearing form to assist each district or county with 105
administering this subsection. 106
2. A person, referred to in this paragraph as the 107
petitioner, who elects to request a hearing under this 108
subsection shall be scheduled for a hearing. The hearing may be 109
conducted either virtually via live video conferencing or in 110
person. 111
3. Within 120 days after receipt of a timely request for a 112
hearing, the law enforcement agency or its designee shall 113
provide a replica of the notice of violation data to the school 114
district or county by manual or electronic transmission, and 115
thereafter the school district or its designee or the county 116
shall mail a notice of hearing, which shall include a hearing 117
date and may at the discretion of the district or county include 118
virtual and in-person hearing options, to the petitioner by 119
first-class mail. Mailing of the notice of hearing constitutes 120
notification. Upon receipt of the notice of hearing, the 121
petitioner may reschedule the hearing once by submitting a 122
written request to the local hearing officer at least 5 calendar 123
days before the day of the originally scheduled hearing. The 124
petitioner may cancel his or her hearing by paying the penalty 125

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assessed in the notice of violation. 126
4. All testimony at the hearing shall be under oath. The 127
local hearing officer shall take testimony from the law 128
enforcement agency and the petitioner, and may take testimony 129
from others. The local hearing officer shall review the video 130
and images recorded by a school bus infraction detection system. 131
Formal rules of evidence do not apply, but due process shall be 132
observed and govern the proceedings. 133
5. At the conclusion of the hearing, the local hearing 134
officer shall determine by a preponderance of the evidence 135
whether a violation has occurred and shall uphold or dismiss the 136
violation. The local hearing officer shall issue a final 137
administrative order including the determination and, if the 138
notice of violation is upheld, require the petitioner to pay the 139
civil penalty previously assessed in the notice of violation, 140
and shall also require the petitioner to pay costs, not to 141
exceed those established in s. 316.0083(5)(e), to be used by the 142
county for operational costs relating to the hearing process or 143
by the school district for technology and operational costs 144
relating to the hearing process as well as school transportation 145
safety-related initiatives. The final administrative order shall 146
be mailed to the petitioner by first-class mail. 147
6. An aggrieved party may appeal a final administrative 148
order consistent with the process provided in s. 162.11. 149
Section 7. Subsection (14) of section 316.1896, Florida 150

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Statutes, is amended to read: 151
316.1896 Roadways maintained as school zones; speed 152
detection system enforcement; penalties; appeal procedure; 153
privacy; reports.— 154
(14) A hearing under this section must be conducted under 155
the procedures established by s. 316.0083(5) and as follows: 156
(a) The department must publish and make available 157
electronically to each county and municipality a model request 158
for hearing form to assist each county or municipality 159
administering this section. 160
(b) A county or municipality electing to authorize traffic 161
infraction enforcement officers to issue uniform traffic 162
citations under subsection (6) must designate by resolution 163
existing staff to serve as the clerk to the local hearing 164
officer. 165
(c) A person, referred to in this subsection as the 166
"petitioner," who elects to request a hearing under subsection 167
(3) must be scheduled for a hearing by the clerk to the local 168
hearing officer. The clerk must furnish the petitioner with 169
notice sent by first-class mail. Upon receipt of the notice, the 170
petitioner may reschedule the hearing up to two times by 171
submitting a written request to reschedule to the clerk at least 172
5 calendar days before the day of the scheduled hearing. The 173
petitioner may cancel his or her appearance before the local 174
hearing officer by paying the penalty assessed under subsection 175

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(2), plus the administrative costs established in s. 176
316.0083(5)(c), before the start of the hearing. 177
(d) All testimony at the hearing must be under oath and 178
must be recorded. The local hearing officer must take testimony 179
from a traffic infraction enforcement officer and the petitioner 180
and may take testimony from others. The local hearing officer 181
must review the photograph or video captured by the speed 182
detection system and the evidence of the speed of the motor 183
vehicle detected by the speed detection system made available 184
under paragraph (2)(b). Formal rules of evidence do not apply, 185
but due process must be observed and govern the proceedings. 186
(e) At the conclusion of the hearing, the local hearing 187
officer must determine whether a violation under this section 188
occurred and must uphold or dismiss the violation. The local 189
hearing officer must issue a final administrative order 190
including the determination and, if the notice of violation is 191
upheld, must require the petitioner to pay the penalty 192
previously assessed under subsection (2), and may also require 193
the petitioner to pay county or municipal costs not to exceed 194
the amount established in s. 316.0083(5)(e). The final 195
administrative order must be mailed to the petitioner by first-196
class mail. 197
(f) An aggrieved party may appeal a final administrative 198
order consistent with the process provided in s. 162.11. 199
Section 8. Paragraph (b) of subsection (1) and paragraph 200

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(a) of subsection (5) of section 316.640, Florida Statutes, are 201
amended to read: 202
316.640 Enforcement.—The enforcement of the traffic laws 203
of this state is vested as follows: 204
(1) STATE.— 205
(b)1. The Department of Transportation has authority to 206
enforce on all the streets and highways of this state all laws 207
applicable within its authority. 208
2.a. The Department of Transportation shall develop 209
training and qualifications standards for toll enforcement 210
officers whose sole authority is to enforce the payment of tolls 211
pursuant to s. 316.1001. Nothing in this subparagraph shall be 212
construed to permit the carrying of firearms or other weapons, 213
nor shall a toll enforcement officer have arrest authority. 214
b. For the purpose of enforcing s. 316.1001, governmental 215
entities, as defined in s. 334.03, which own or operate a toll 216
facility may employ independent contractors or designate 217
employees as toll enforcement officers; however, any such toll 218
enforcement officer must successfully meet the training and 219
qualifications standards for toll enforcement officers 220
established by the Department of Transportation. 221
3. For the purpose of enforcing s. 316.0083, the 222
department may designate employees as traffic infraction 223
enforcement officers. A traffic infraction enforcement officer 224
must successfully complete instruction in traffic enforcement 225

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procedures and court presentation through the Selective Traffic 226
Enforcement Program as approved by the Division of Criminal 227
Justice Standards and Training of the Department of Law 228
Enforcement, or through a similar program, but may not 229
necessarily otherwise meet the uniform minimum standards 230
established by the Criminal Justice Standards and Training 231
Commission for law enforcement officers or auxiliary law 232
enforcement officers under s. 943.13. This subparagraph does not 233
authorize the carrying of firearms or other weapons by a traffic 234
infraction enforcement officer and does not authorize a traffic 235
infraction enforcement officer to make arrests. The department's 236
traffic infraction enforcement officers must be physically 237
located in the state. 238
(5)(a) Any sheriff's department or police department of a 239
municipality may employ, as a traffic infraction enforcement 240
officer, any individual who successfully completes instruction 241
in traffic enforcement procedures and court presentation through 242
the Selective Traffic Enforcement Program as approved by the 243
Division of Criminal Justice Standards and Training of the 244
Department of Law Enforcement, or through a similar program, but 245
who does not necessarily otherwise meet the uniform minimum 246
standards established by the Criminal Justice Standards and 247
Training Commission for law enforcement officers or auxiliary 248
law enforcement officers under s. 943.13. Any such traffic 249
infraction enforcement officer who observes the commission of a 250

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traffic infraction or, in the case of a parking infraction, who 251
observes an illegally parked vehicle may issue a traffic 252
citation for the infraction when, based upon personal 253
investigation, he or she has reasonable and probable grounds to 254
believe that an offense has been committed which constitutes a 255
noncriminal traffic infraction as defined in s. 318.14. In 256
addition, any such traffic infraction enforcement officer may 257
issue a traffic citation under s. ss. 316.0083 and 316.1896. For 258
purposes of enforcing ss. 316.0083, 316.1895, and 316.183, any 259
sheriff's department or police department of a municipality may 260
designate employees as traffic infraction enforcement officers. 261
The traffic infraction enforcement officers must be physically 262
located in the county of the respective sheriff's or police 263
department. 264
Section 9. Paragraphs (a) and (c) of subsection (3) of 265
section 316.650, Florida Statutes, are amended to read: 266
316.650 Traffic citations.— 267
(3)(a) Except for a traffic citation issued pursuant to s. 268
316.1001, s. 316.0083, s. 316.173, or s. 316.1896, each traffic 269
enforcement officer, upon issuing a traffic citation to an 270
alleged violator of any provision of the motor vehicle laws of 271
this state or of any traffic ordinance of any municipality or 272
town, shall deposit the original traffic citation or, in the 273
case of a traffic enforcement agency that has an automated 274
citation issuance system, the agency shall provide by an 275

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electronic transmission a replica of the citation data to the 276
court having jurisdiction over the alleged offense or with its 277
traffic violations bureau within 5 business days after issuance 278
to the violator. 279
(c) If a traffic citation is issued under s. 316.0083 or 280
s. 316.1896, the traffic infraction enforcement officer shall 281
provide by electronic transmission a replica of the traffic 282
citation data to the court having jurisdiction over the alleged 283
offense or its traffic violations bureau within 5 business days 284
after the date of issuance of the traffic citation to the 285
violator. If a hearing is requested, the traffic infraction 286
enforcement officer shall provide a replica of the traffic 287
notice of violation data to the clerk for the local hearing 288
officer having jurisdiction over the alleged offense within 14 289
days. 290
Section 10. Section 318.121, Florida Statutes, is amended 291
to read: 292
318.121 Preemption of additional fees, fines, surcharges, 293
and costs.—Notwithstanding any general or special law, or 294
municipal or county ordinance, additional fees, fines, 295
surcharges, or costs other than the court costs and surcharges 296
assessed under s. 318.18(12), (14), (19), and (20), and (23) may 297
not be added to the civil traffic penalties assessed under this 298
chapter. 299
Section 11. Subsection (2) of section 318.14, Florida 300

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Statutes, is amended to read: 301
318.14 Noncriminal traffic infractions; exception; 302
procedures.— 303
(2) Except as provided in ss. 316.1001(2), 316.0083, 304
316.173, and 316.1896, any person cited for a violation 305
requiring a mandatory hearing listed in s. 318.19 or any other 306
criminal traffic violation listed in chapter 316 must sign and 307
accept a citation indicating a promise to appear. The officer 308
may indicate on the traffic citation the time and location of 309
the scheduled hearing. The officer must indicate the applicable 310
civil penalty established in s. 318.18, except for infractions 311
under s. 318.19(5) or s. 316.1926(2). For all other infractions 312
under this section, except for infractions under s. 316.1001, 313
the officer must certify by electronic, electronic facsimile, or 314
written signature that the citation was delivered to the person 315
cited. This certification is prima facie evidence that the 316
person cited was served with the citation. 317
Section 12. Subsection (3) of section 318.15, Florida 318
Statutes, is amended to read: 319
318.15 Failure to comply with civil penalty or to appear; 320
penalty.— 321
(3) The clerk shall notify the department of persons who 322
were mailed a notice of violation of s. 316.074(1) or s. 323
316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter 324
into, or comply with the terms of, a penalty payment plan, or 325

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order with the clerk to the local hearing officer or failed to 326
appear at a scheduled hearing within 10 days after such failure, 327
and shall reference the person's driver license number, or in 328
the case of a business entity, vehicle registration number. 329
(a) Upon receipt of such notice, the department, or 330
authorized agent thereof, may not issue a license plate or 331
revalidation sticker for any motor vehicle owned or co-owned by 332
that person pursuant to s. 320.03(8) until the amounts assessed 333
have been fully paid. 334
(b) After the issuance of the person's license plate or 335
revalidation sticker is withheld pursuant to paragraph (a), the 336
person may challenge the withholding of the license plate or 337
revalidation sticker only on the basis that the outstanding 338
fines and civil penalties have been paid pursuant to s. 339
320.03(8). 340
Section 13. Subsection (24) of section 318.18, Florida 341
Statutes, is renumbered as subsection (23), and paragraph (c) of 342
subsection (5), subsection (16), and present subsection (23) of 343
that section are amended to read: 344
318.18 Amount of penalties.—The penalties required for a 345
noncriminal disposition pursuant to s. 318.14 or a criminal 346
offense listed in s. 318.17 are as follows: 347
(5) 348
(c)1. In addition to the penalty under subparagraph (a)2. 349
or subparagraph (b)2., if, at an administrative hearing 350

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contesting a notice of violation, the alleged offender is found 351
to have committed this offense, costs shall be imposed, not to 352
exceed those established in s. 316.0083(5)(e), to be paid by the 353
petitioner and to be used by the county for the operational 354
costs related to the hearing or the school district for 355
technology and operational costs relating to the hearing as well 356
as school transportation safety-related initiatives. 357
Notwithstanding any other provision of law, if a county's local 358
hearing officer administers the administrative hearing process 359
for a contested notice of violation, the costs imposed under 360
this subparagraph resulting from notice of violation shall be 361
remitted to the county at least monthly. 362
2. In addition to the penalty under paragraph (a) or 363
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). 364
If the alleged offender is found to have committed the offense, 365
the court shall impose the civil penalty under paragraph (a) or 366
paragraph (b) plus an additional $65. The additional $65 367
collected under this subparagraph shall be remitted to the 368
Department of Revenue for deposit into the Emergency Medical 369
Services Trust Fund of the Department of Health to be used as 370
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or 371
(b) is enforced by a school bus infraction detection system 372
pursuant to s. 316.173, the additional amount imposed on a 373
notice of violation, on a uniform traffic citation, or by the 374
court under this paragraph must be $25, in lieu of the 375

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additional $65, and, notwithstanding any other provision of law, 376
the civil penalties and additional costs must be remitted to the 377
participating school district at least monthly and used pursuant 378
to s. 316.173(8). 379
(16)(a)1. One hundred and fifty-eight dollars for a 380
violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 381
has failed to stop at a traffic signal and when enforced by a 382
law enforcement officer. Sixty dollars shall be distributed as 383
provided in s. 318.21, $30 shall be distributed to the General 384
Revenue Fund, $3 shall be remitted to the Department of Revenue 385
for deposit into the Brain and Spinal Cord Injury Trust Fund, 386
and the remaining $65 shall be remitted to the Department of 387
Revenue for deposit into the Emergency Medical Services Trust 388
Fund of the Department of Health. 389
2. One hundred and fifty-eight dollars for a violation of 390
s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 391
stop at a traffic signal and when enforced by the department's 392
traffic infraction enforcement officer. One hundred dollars 393
shall be remitted to the Department of Revenue for deposit into 394
the General Revenue Fund, $45 shall be distributed to the county 395
for any violations occurring in any unincorporated areas of the 396
county or to the municipality for any violations occurring in 397
the incorporated boundaries of the municipality in which the 398
infraction occurred, $10 shall be remitted to the Department of 399
Revenue for deposit into the Department of Health Emergency 400

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Medical Services Trust Fund for distribution as provided in s. 401
395.4036(1), and $3 shall be remitted to the Department of 402
Revenue for deposit into the Brain and Spinal Cord Injury Trust 403
Fund. 404
3. One hundred and fifty-eight dollars for a violation of 405
s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 406
stop at a traffic signal and when enforced by a county's or 407
municipality's traffic infraction enforcement officer. Seventy-408
five dollars shall be distributed to the county or municipality 409
issuing the traffic citation, $70 shall be remitted to the 410
Department of Revenue for deposit into the General Revenue Fund, 411
$10 shall be remitted to the Department of Revenue for deposit 412
into the Department of Health Emergency Medical Services Trust 413
Fund for distribution as provided in s. 395.4036(1), and $3 414
shall be remitted to the Department of Revenue for deposit into 415
the Brain and Spinal Cord Injury Trust Fund. 416
(b) Amounts deposited into the Brain and Spinal Cord 417
Injury Trust Fund pursuant to this subsection shall be 418
distributed quarterly to the Miami Project to Cure Paralysis and 419
shall be used for brain and spinal cord research. 420
(c) If a person who is mailed a notice of violation or 421
cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as 422
enforced by a traffic infraction enforcement officer under s. 423
316.0083, presents documentation from the appropriate 424
governmental entity that the notice of violation or traffic 425

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citation was in error, the clerk of court or clerk to the local 426
hearing officer may dismiss the case. The clerk of court or 427
clerk to the local hearing officer may not charge for this 428
service. 429
(c)(d) An individual may not receive a commission or per-430
ticket fee from any revenue collected from violations detected 431
through the use of a traffic infraction detector. A manufacturer 432
or vendor may not receive a fee or remuneration based upon the 433
number of violations detected through the use of a traffic 434
infraction detector. 435
(d)(e) Funds deposited into the Department of Health 436
Emergency Medical Services Trust Fund under this subsection 437
shall be distributed as provided in s. 395.4036(1). 438
(23) In addition to the penalty prescribed under s. 439
316.0083 for violations enforced under s. 316.0083 which are 440
upheld, the local hearing officer may also order the payment of 441
county or municipal costs, not to exceed $250. 442
Section 14. Subsection (8) of section 320.03, Florida 443
Statutes, is amended to read: 444
320.03 Registration; duties of tax collectors; 445
International Registration Plan.— 446
(8) If the applicant's name appears on the list referred 447
to in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 448
713.78(13), a license plate or revalidation sticker may not be 449
issued until that person's name no longer appears on the list or 450

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until the person presents a receipt from the governmental entity 451
or the clerk of court that provided the data showing that the 452
fines outstanding have been paid. This subsection does not apply 453
to the owner of a leased vehicle if the vehicle is registered in 454
the name of the lessee of the vehicle. The tax collector and the 455
clerk of the court are each entitled to receive monthly, as 456
costs for implementing and administering this subsection, 10 457
percent of the civil penalties and fines recovered from such 458
persons. As used in this subsection, the term "civil penalties 459
and fines" does not include a wrecker operator's lien as 460
described in s. 713.78(13). If the tax collector has private tag 461
agents, such tag agents are entitled to receive a pro rata share 462
of the amount paid to the tax collector, based upon the 463
percentage of license plates and revalidation stickers issued by 464
the tag agent compared to the total issued within the county. 465
The authority of any private agent to issue license plates shall 466
be revoked, after notice and a hearing as provided in chapter 467
120, if he or she issues any license plate or revalidation 468
sticker contrary to the provisions of this subsection. This 469
section applies both to the annual renewal of a motor vehicle 470
registration and the replacement of the motor vehicle 471
registration or license plate, but does not apply to the 472
transfer of a registration of a motor vehicle sold by a motor 473
vehicle dealer licensed under this chapter, except for the 474
transfer of registrations which includes the annual renewals. 475

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This section does not affect the issuance of the title to a 476
motor vehicle, notwithstanding s. 319.23(8)(b). 477
Section 15. Paragraph (d) of subsection (3) of section 478
322.27, Florida Statutes, is amended to read: 479
322.27 Authority of department to suspend or revoke driver 480
license or identification card.— 481
(3) There is established a point system for evaluation of 482
convictions of violations of motor vehicle laws or ordinances, 483
and violations of applicable provisions of s. 403.413(6)(b) when 484
such violations involve the use of motor vehicles, for the 485
determination of the continuing qualification of any person to 486
operate a motor vehicle. The department is authorized to suspend 487
the license of any person upon showing of its records or other 488
good and sufficient evidence that the licensee has been 489
convicted of violation of motor vehicle laws or ordinances, or 490
applicable provisions of s. 403.413(6)(b), amounting to 12 or 491
more points as determined by the point system. The suspension 492
shall be for a period of not more than 1 year. 493
(d) The point system shall have as its basic element a 494
graduated scale of points assigning relative values to 495
convictions of the following violations: 496
1. Reckless driving, willful and wanton—4 points. 497
2. Leaving the scene of a crash resulting in property 498
damage of more than $50—6 points. 499
3. Unlawful speed, or unlawful use of a wireless 500

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communications device, resulting in a crash—6 points. 501
4. Passing a stopped school bus: 502
a. Not causing or resulting in serious bodily injury to or 503
death of another—4 points. 504
b. Causing or resulting in serious bodily injury to or 505
death of another—6 points. 506
c. Points may not be imposed for a violation of passing a 507
stopped school bus as provided in s. 316.172(1)(a) or (b) when 508
enforced by a school bus infraction detection system pursuant to 509
s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 510
when enforced by a school bus infraction detection system 511
pursuant to s. 316.173 may not be used for purposes of setting 512
motor vehicle insurance rates. 513
5. Unlawful speed: 514
a. Not in excess of 15 miles per hour of lawful or posted 515
speed—3 points. 516
b. In excess of 15 miles per hour of lawful or posted 517
speed—4 points. 518
c. Points may not be imposed for a violation of unlawful 519
speed as provided in s. 316.1895 or s. 316.183 when enforced by 520
a traffic infraction enforcement officer pursuant to s. 521
316.1896. In addition, a violation of s. 316.1895 or s. 316.183 522
when enforced by a traffic infraction enforcement officer 523
pursuant to s. 316.1896 may not be used for purposes of setting 524
motor vehicle insurance rates. 525

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6. A violation of a traffic control signal device as 526
provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 527
However, points may not be imposed for a violation of s. 528
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 529
stop at a traffic signal and when enforced by a traffic 530
infraction enforcement officer. In addition, a violation of s. 531
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 532
stop at a traffic signal and when enforced by a traffic 533
infraction enforcement officer may not be used for purposes of 534
setting motor vehicle insurance rates. 535
7. Unlawfully driving a vehicle through a railroad-highway 536
grade crossing—6 points. 537
8. All other moving violations (including parking on a 538
highway outside the limits of a municipality)—3 points. However, 539
points may not be imposed for a violation of s. 316.2065(11); 540
and points may be imposed for a violation of s. 316.1001 only 541
when imposed by the court after a hearing pursuant to s. 542
318.14(5). 543
9. Any moving violation covered in this paragraph, 544
excluding unlawful speed and unlawful use of a wireless 545
communications device, resulting in a crash—4 points. 546
10. Any conviction under s. 403.413(6)(b)—3 points. 547
11. Any conviction under s. 316.0775(2)—4 points. 548
12. A moving violation covered in this paragraph which is 549
committed in conjunction with the unlawful use of a wireless 550

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communications device within a school safety zone—2 points, in 551
addition to the points assigned for the moving violation. 552
Section 16. This act shall take effect July 1, 2026. 553