Florida Motorist Rights Restoration bills filed!

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Today I learned HB 1061 and SB 1342 were filed this week. Each addresses red light cameras and incorporates our 2013 Florida Motorist Rights Restoration Act. Note that there is bi-partisan support for these bills, as a Democrat filed the Senate version and a Republican filed the House version.
Here is a summary of the main changes:
The bills do not ban the devices.
The bills require the ability to go to court from the mailed ticket.
The bills allow those identified by vehicle owners to be ticketed at the lower-cost NOV ticket vs the more expensive UTC.
The bills place the burden of proof upon the government, as it is for every other moving violation.
The bills require witnesses in court to verify their evidence.
The bills address the yellow light timing issue, but need additional language to set proper times.
Overall, they are very good bills. Please ask your representative to support them, and more importantly my lobbying partner and I need your financial support to be in Tallahassee to make sure the bills get through unmolested. In 2012, one person gutted our Motorist Rights bill. Since he is no longer there, we stand a better chance of passage, but there will be a lot of money spent against us.
My full analysis (2 pages) is here:
http://retiredpublicsafety.com/documents/rlc/pdf/2013_SB_1342_Analysis.pdf

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Bill Analysis of SB 1342 by Sen. Abruzzo (D)
HB 1061 by Rep. Artilles (R) similar
Analysis by Paul Henry, March 1, 2013.
Red= negative or possible negative aspect, Blue= positive aspect
Components of the Florida Motorist Rights Restoration Act (MRRA) are indicated as they appear in
the bill.
Link to PDF:
http://www.flsenate.gov/Session/Bill/2013/1342/BillText/Filed/PDF

Summary of Statutory Changes

Section 1, FS 316.0083 (main red light camera law)
• Right turn on red automated tickets are prohibited. Police officers can still write regular tickets.
“Careful and prudent” language eliminated.
• Notices of violation (NOV) can now be issued to a person identified as having custody of the
vehicle. Prior to this, they would get a more expensive uniform traffic citation (UTC).
• Ability to request a hearing from the NOV added (Component of 2013 MRRA).
• Certified mail is now required for mailed tickets, not first class. Better accountability.
• Despite any other provision of law, requesting a hearing from a NOV is now an option. No prepayment may be required. This includes those identified by the vehicle owner. (Component of 2013 MRRA)
• If the defendant challenges the delivery method of the NOV, they waive any challenge as to if the NOV was delivered. This is a negative.
• 60-day time limit for mailing the UTC deleted. This is a negative.
• 30-day time limit established for mailing to person identified via affidavit. This is a positive.
• Despite any other law, the burden of proof in the statute rests on the government. This is a huge positive, and another 2013 MRRA component.
• Despite any other law, a person charged via any automated device has the right to confront witnesses, and the witnesses must appear in person so as to validate their evidence. This is another 2013 MRRA component.

Bill Analysis of SB 1342 by Sen. Abruzzo (D)
HB 1061 by Rep. Artilles (R) similar
Analysis by Paul Henry, March 1, 2013.
Red= negative or possible negative aspect, Blue= positive aspect
Section 2, FS 316.075 (general running a red light law):
• Yellow light timing is required when an engineering analysis is performed to evaluate or reevaluate new or existing signal display durations. It is as follows:
◦ The minimum yellow duration is speed limit plus 10% based on the Florida DOT manual. A minimum of 3 seconds is required for 25 MPH or less. The minimum duration must be raised to the nearest half-second, not to exceed 6 seconds. This while good still uses flawed DOT guidelines, which were shortened in 2011. A better standard is using the posted speed
limit plus 1 second as was done in Georgia.
◦ Intersection with traffic signals where the speed limit is higher than 55 must have warning signs posted.
• An “all red” time is required as per the Florida DOT manual. It may be extended for any cycle based upon detection that a vehicle is predicted to violate the red signal. This will allow use of automated devices to control the light timing, which while good in concept can also allow for
misconduct.
• Tickets issued from signals that do not meet these standards are unenforceable. This applies to both automated and officer tickets. This is a positive.
• Intersections using automated enforcement must meet these standards by December 31, 2013. New installations after that date must meet these standards. All other intersections must meet
these standards by December 31, 2014. This is a positive.
• A local government entity that violates this law is fined $500 and the money goes to the Brain and Spinal Cord Injury Trust Fund. (The $500 fine was a 2012 MRRA component)
• Any tickets issued from the preceding 60 days at a non-conforming intersection shall be dismissed and any fines paid refunded. The effective date for the 60 days is the day it is discovered to be non-conforming. This is a positive.

The law goes into effect on July 1, 2013.
Analysis by:
Paul Henry
Paul Henry & Associates
Florida’s only liberty lobbying firm
www.liberty2010.com
What’s your liberty worth to you?

Paul Henry

Paul Henry

 

 

 

 

 

 

 

PHA

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This entry was posted on Saturday, March 2nd, 2013 at 3:36 am. It is filed under Activism and tagged with , , , , . You can follow any responses to this entry through the RSS 2.0 feed.