Florida Statutes § 316.173 — School bus infraction detection systems.

316.173 School bus infraction detection systems.—(1)(a) A school district may install and operate a school bus infraction detection system on a school bus for the purpose of enforcing s. 316.172(1)(a) and (b) as provided in and consistent with this section. (b) The school district may contract with a private vendor or manufacturer to install a school bus infraction detection system on any school bus within its fleet, whether owned, contracted, or leased, and for services including, but not limited to, the installation, operation, and maintenance of the system. The school district’s decision to install school bus infraction detection systems must be based solely on the need to increase public safety. An individual may not receive a commission from any revenue collected from violations detected through the use of a school bus infraction detection system. A private vendor or manufacturer may not receive a fee or remuneration based upon the number of violations detected through the use of a school bus infraction detection system. This paragraph may not be construed to prohibit a private vendor or manufacturer from receiving a fixed amount of collected proceeds for service rendered in relation to the installation, operation, or maintenance of school bus infraction detection systems. (c) The school district must ensure that each school bus infraction detection system meets the requirements of subsection (19). (d) The school district must enter into an interlocal agreement with one or more law enforcement agencies authorized to enforce violations of s. 316.172(1)(a) and (b) within the school district which jointly establishes the responsibilities of enforcement and the reimbursement of costs associated with school bus infraction detection systems consistent with this section. (2)(a) The school district must post signage on the rear of each school bus in which a school bus infraction detection system is installed and operational which indicates the use of such system. The signage must be in the form of one or more signs or stickers and must contain the following elements in substantially the following form:1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED LIGHTS FLASH.” 2. The words “CAMERA ENFORCED.” 3. A graphic depiction of a camera. (b) The signage must occupy at least 75 percent of the available space that does not contain signs or insignia that are required by other applicable law or by the State Board of Education. (c) The sufficiency of signage or compliance with the signage requirements under this subsection may not be raised in a proceeding challenging a violation of s. 316.172(1)(a) or (b). (3) If a school district that has never conducted a school bus infraction detection system program begins such a program, the school district must make a public announcement and conduct a public awareness campaign of the proposed use of school bus infraction detection systems at least 30 days before commencing enforcement under the school bus infraction detection system program and notify the public of the specific date on which the program will commence. During the 30-day public awareness campaign, only a warning may be issued to the registered owner of a motor vehicle for a violation of s. 316.172(1)(a) or (b) enforced by a school bus infraction detection system, and a civil penalty may not be imposed under chapter 318. (4) Within 30 days after an alleged violation of s. 316.172(1)(a) or (b) is recorded by a school bus infraction detection system, the school district or the private vendor or manufacturer under paragraph (1)(b) must submit the following information to a law enforcement agency that has entered into an interlocal agreement with the school district pursuant to paragraph (1)(d) and has traffic infraction enforcement jurisdiction at the location where the alleged violation occurred:(a) A copy of the recorded video and images showing the motor vehicle allegedly violating s. 316.172(1)(a) or (b). (b) The motor vehicle’s license plate number and the state of issuance of the motor vehicle’s license plate. (c) The date, time, and location of the alleged violation. (5) Within 30 days after receiving the information required in subsection (4), the law enforcement agency or its designee must, if it is determined that the motor vehicle violated s. 316.172(1)(a) or (b), send a notice of violation to the registered owner of the motor vehicle involved in the violation specifying the remedies available under s. 318.14 and that the violator must pay the penalty under s. 318.18(5), furnish an affidavit in accordance with subsection (11), or request an administrative hearing with the school district or county, as applicable, within 60 days after the notice of violation is sent in order to avoid court fees, costs, and the issuance of a uniform traffic citation. The mailing of the notice of violation constitutes notification. The notice of violation must be sent by first-class mail and include all of the following:(a) A copy of one or more recorded images showing the motor vehicle involved in the violation, including an image showing the license plate of the motor vehicle. (b) The date, time, and location of the violation. (c) The amount of the civil penalty, the date by which the civil penalty must be paid, and instructions on how to pay the civil penalty. (d) Instructions on how to request a hearing to contest liability or the notice of violation. (e) A notice that the owner has the right to review, in person or remotely, the video and images recorded by the school bus infraction detection system which constitute a rebuttable presumption against the owner of the motor vehicle that the motor vehicle was used in violation of s. 316.172(1)(a) or (b). (f) The time when, and the place or website at which, the recorded video and images may be examined and observed. (g) A warning that failure to pay the civil penalty or to contest liability within 60 days after the notice is sent will result in the issuance of a uniform traffic citation. (6)(a) A local hearing officer appointed by the school district or county shall administer an administrative hearing process for a contested notice of violation. The school district may appoint an attorney who is, and has been for the preceding 5 years, a member in good standing with The Florida Bar to serve as a local hearing officer. The county in which a school district has entered into an interlocal agreement with a law enforcement agency to issue uniform traffic citations may designate by resolution existing staff to serve as the local hearing officer. At the administrative hearing, the local hearing officer shall determine whether a violation of s. 316.172(1)(a) or (b) has occurred. If the local hearing officer finds by a preponderance of the evidence that a violation has occurred, the local hearing officer must uphold the notice of violation and require the petitioner to pay the penalty previously assessed under s. 318.18(5). The local hearing officer shall also require the petitioner to pay costs consistent with this subsection. (b) Procedures for an administrative hearing conducted under this subsection are as follows:1. The department shall make available electronically to the school district or its designee or the county a Request for Hearing form to assist each district or county with administering this subsection. 2. A person, referred to in this paragraph as the petitioner, who elects to request a hearing under this subsection shall be scheduled for a hearing. The hearing may be conducted either virtually via live video conferencing or in person. 3. Within 120 days after receipt of a timely request for a hearing, the law enforcement agency or its designee shall provide a replica of the notice of violation data to the school district or county by manual or electronic transmission, and thereafter the school district or its designee or the county shall mail a notice of hearing, which shall include a hearing date and may at the discretion of the district or county include virtual and in-person hearing options, to the petitioner by first-class mail. Mailing of the notice of hearing constitutes notification. Upon receipt of the notice of hearing, the petitioner may reschedule the hearing once by submitting a written request to the local hearing officer at least 5 calendar days before the day of the originally scheduled hearing. The petitioner may cancel his or her hearing by paying the penalty assessed in the notice of violation. 4. All testimony at the hearing shall be under oath. The local hearing officer shall take testimony from the law enforcement agency and the petitioner, and may take testimony from others. The local hearing officer shall review the video and images recorded by a school bus infraction detection system. Formal rules of evidence do not apply, but due process shall be observed and govern the proceedings. 5. At the conclusion of the hearing, the local hearing officer shall determine by a preponderance of the evidence whether a violation has occurred and shall uphold or dismiss the violation. The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay the civil penalty previously assessed in the notice of violation, and shall also require the petitioner to pay costs, not to exceed those established in s. 316.0083(5)(e), to be used by the county for operational costs relating to the hearing process or by the school district for technology and operational costs relating to the hearing process as well as school transportation safety-related initiatives. The final administrative order shall be mailed to the petitioner by first-class mail. 6. An aggrieved party may appeal a final administrative order consistent with the process provided in s. 162.11. (c) Any hearing for a contested notice of violation that has not been conducted before July 1, 2025, may be conducted pursuant to the procedures in this subsection within 1 year after such date. (7) If the registered owner or co-owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle at the time of the violation; or an authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the violation, such person waives any challenge or dispute as to the delivery of the notice of violation. (8) The civil penalties assessed and collected for a violation of s. 316.172(1)(a) or (b) enforced by a school bus infraction detection system must be remitted to the school district in which the violation occurred. Such civil penalties must be used for the installation, operation, or maintenance of school bus infraction detection systems on school buses, including student transportation safety initiatives, driver recruitment and retention stipends, or other student transportation safety enhancements; for the administration and costs associated with the enforcement of violations as described in this section; or to provide financial awards to recruit or retain school bus drivers in the school district in which the civil penalties are assessed and collected. (9) A uniform traffic citation must be issued by mailing the uniform traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation if, within 60 days after notification under subsection (5), payment has not been made, the registered owner has not submitted an affidavit in accordance with subsection (11), or the registered owner has not requested an administrative hearing with the school district or county, as applicable, contesting the notice of violation pursuant to subsection (6).(a) Delivery of the uniform traffic citation constitutes notification of a violation under this subsection. If the registered owner or co-owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle at the time of the violation; or a duly authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the citation, such person waives any challenge or dispute as to the delivery of the uniform traffic citation. (b) In the case of joint ownership of a motor vehicle, the uniform traffic citation must be mailed to the first name appearing on the motor vehicle registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used. (c) The uniform traffic citation mailed to the registered owner of the motor vehicle involved in the violation must be accompanied by information described in paragraphs (5)(a)-(f). (10) The registered owner of the motor vehicle involved in the violation is responsible and liable for paying the uniform traffic citation issued for a violation of s. 316.172(1)(a) or (b) unless the owner can establish that:(a) The motor vehicle was, at the time of the violation, in the care, custody, or control of another person; (b) A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of s. 316.172(1)(a) or (b); or (c) The motor vehicle’s owner was deceased on or before the date of the alleged violation, as established by an affidavit submitted by the representative of the motor vehicle owner’s estate or other identified person or family member. (11) To establish such facts under subsection (10), the registered owner of the motor vehicle must, within 60 days after the date of issuance of the notice of violation or the uniform traffic citation, furnish to the law enforcement agency that issued the notice of violation or uniform traffic citation an affidavit setting forth information supporting an exception under subsection (10).(a) An affidavit supporting the exception under paragraph (10)(a) must include the name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation. If the motor vehicle was stolen at the time of the alleged violation, the affidavit must include the police report indicating that the motor vehicle was stolen. (b) If a uniform traffic citation for a violation of s. 316.172(1)(a) or (b) was issued at the location of the violation by a law enforcement officer, the affidavit must include the serial number of the uniform traffic citation. (c) If the motor vehicle’s owner to whom a notice of violation or a uniform traffic citation has been issued is deceased, the affidavit must include a certified copy of the owner’s death certificate showing that the date of death occurred on or before the date of the alleged violation and one of the following:1. A bill of sale or other document showing that the deceased owner’s motor vehicle was sold or transferred after his or her death but on or before the date of the alleged violation. 2. Documented proof that the registered license plate belonging to the deceased owner’s motor vehicle was returned to the department or any branch office or authorized agent of the department after his or her death but on or before the date of the alleged violation. 3. A copy of the police report showing that the deceased owner’s registered license plate or motor vehicle was stolen after his or her death but on or before the date of the alleged violation. Upon receipt of the affidavit and documentation required under paragraphs (b) and (c), or 60 days after the date of issuance of a notice of violation sent to a person identified as having care, custody, or control of the motor vehicle at the time of the violation under paragraph (a), the law enforcement agency must dismiss the notice or citation and provide proof of such dismissal to the person who submitted the affidavit. If, within 60 days after the date of a notice of violation sent to a person under subsection (12), the law enforcement agency receives an affidavit under subsection (13) from the person who was sent a notice of violation affirming that the person did not have care, custody, or control of the motor vehicle at the time of the violation, the law enforcement agency must notify the registered owner that the notice or citation will not be dismissed due to failure to establish that another person had care, custody, or control of the motor vehicle at the time of the violation. (12) Upon receipt of an affidavit under paragraph (10)(a), the law enforcement agency may issue the person identified as having care, custody, or control of the motor vehicle at the time of the violation a notice of violation pursuant to subsection (5) for a violation of s. 316.172(1)(a) or (b). The affidavit is admissible in a proceeding pursuant to this section for the purpose of providing evidence that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased motor vehicle for which a uniform traffic citation is issued for a violation of s. 316.172(1)(a) or (b) is not responsible for paying the uniform traffic citation and is not required to submit an affidavit as specified in subsection (11) if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. (13) If a law enforcement agency receives an affidavit under paragraph (10)(a), the notice of violation required under subsection (5) must be sent to the person identified in the affidavit within 30 days after receipt of the affidavit. The person identified in an affidavit and sent a notice of violation may affirm he or she did not have care, custody, or control of the motor vehicle at the time of the violation by furnishing to the appropriate law enforcement agency within 60 days after the date of the notice of violation an affidavit stating such. (14) The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (15) The video and images recorded by a school bus infraction detection system which are attached to or referenced in the uniform traffic citation are evidence of a violation of s. 316.172(1)(a) or (b) and are admissible in any proceeding to enforce this section. The recorded video and images raise a rebuttable presumption that the motor vehicle shown in the recorded video and images was used in violation of s. 316.172(1)(a) or (b). (16) This section supplements the enforcement of s. 316.172(1)(a) and (b) by a law enforcement officer and does not prohibit a law enforcement officer from issuing a uniform traffic citation for a violation of s. 316.172(1)(a) or (b). (17)(a)1. A school bus infraction detection system may not be used for remote surveillance. The collection of evidence by a school bus infraction detection system to enforce violations of s. 316.172 does not constitute remote surveillance. 2. Video and images recorded as part of a school bus infraction detection system may only be used for traffic enforcement and for purposes of determining criminal or civil liability for incidents captured by the school bus infraction detection system incidental to the permissible use of the school bus infraction detection system. 3. To the extent practicable, a school bus infraction detection system must use necessary technology to ensure that personal identifying information contained in the video or still images recorded by the system which is not relevant to the alleged violation, including, but not limited to, the identity of the driver and any passenger of a motor vehicle, the interior or contents of a motor vehicle, the identity of an uninvolved person, a number identifying the address of a private residence, and the contents or interior of a private residence, is sufficiently obscured so as not to reveal such personal identifying information. 4. A notice of a violation or uniform traffic citation issued under this section may not be dismissed solely because a recorded video or still images reveal personal identifying information as provided in subparagraph 3. as long as a reasonable effort has been made to comply with this subsection. (b) Any recorded video or still image obtained through the use of a school bus infraction detection system must be destroyed within 90 days after the final disposition of the recorded event. The vendor of the school bus infraction detection system must provide the school district with written notice by December 31 of each year that such records have been destroyed in accordance with this section. (c) Notwithstanding any other law, registered motor vehicle owner information obtained as a result of the operation of a school bus infraction detection system is not the property of the manufacturer or vendor of the system and may be used only for the purposes of this section. (18)(a) By October 1, 2023, and quarterly thereafter, each school district operating a school bus infraction detection system must submit, in consultation with the law enforcement agencies with which it has interlocal agreements pursuant to this section, a report to the department which details the results of the school bus infraction detection systems in the school district in the preceding quarter. The information from the school districts must be submitted in a form and manner determined by the department, which the department must make available to the school districts by August 1, 2023, and must include at least the following:1. The number of school buses that have a school bus infraction detection system installed, including the date of installation and, if applicable, the date the systems were removed. 2. The number of notices of violations issued, the number that were contested, the number that were upheld, the number that were dismissed, the number that were issued as uniform traffic citations, and the number that were paid. 3. Data for each infraction to determine locations in need of safety improvements. Such data may include, but is not limited to, global positioning system coordinates of the infraction, the date and time of the infraction, and the name of the school that the school bus was transporting students to or from. 4. Any other statistical data and information required by the department to complete the report required by paragraph (c). (b) Each school district that operates a school bus infraction detection system is responsible for and must maintain its respective data for reporting purposes under this subsection for at least 2 years after such data is reported to the department. (c) On or before December 31, 2024, and annually thereafter, the department shall submit a summary report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the use and operation of school bus infraction detection systems under this section, along with the department’s recommendations and any recommended legislation. The summary report must include a review of the information submitted to the department by the school districts and must describe the enhancement of traffic safety and enforcement programs. (19) A school bus infraction detection system must meet specifications established by the State Board of Education and must be tested at regular intervals according to specifications prescribed by state board rule. The state board must establish such specifications by rule on or before December 31, 2023. However, any such equipment acquired by purchase, lease, or other arrangement under an agreement entered into by a school district on or before December 31, 2023, is not required to meet the specifications established by the state board until July 1, 2024. (20) The State Board of Education may adopt rules to address student privacy concerns that may arise from the use of a school bus infraction detection system.