New Red Light Camera Legislation
On June 12, 2013, Governor Scott signed new legislation into law that becomes effective July 1, 2013. These new amendments to the Mark Wandall Traffic Safety Act of 2010 clarify and enhance several provisions to the existing legislation specific to right-turn-on-red violations, the appeals process in regards to Notice of Violations and the issuance of Uniform Traffic Citations.
Notice of Violation: A person who receives a Notice of Violation (NOV) has sixty (60) days to select one of the following options:
- Pay the $158.00 statutory penalty.
- Submit an affidavit transferring liability to another who was actually driving the vehicle at the time of the violation or establish one of the other statutory exemptions from liability.
- Request a hearing before a local hearing officer.
If the violator seeks a hearing on a notice of violation and the violation is upheld by the local hearing officer, the violator will be responsible for administrative costs of up to $250.00 in addition to the statutory penalty of $158.00. They are then required to pay within thirty (30) days from the date of this administrative order. If the violator fails to comply with the administrative order, the clerk to the hearing officer shall notify the DHSMV. The DHSMV may not issue a license plate or revalidation sticker to the violator until the amounts assessed have been paid in full.
If a violator is dissatisfied with the local hearing officer’s ruling, they may appeal the decision to the circuit court by paying a filing fee and filing the appropriate papers. The appeal is limited to appellate review of the record only and is not a new hearing for the notice of violation. (F.S.S.162.11)
If the violator requests a hearing on a notice of violation and is not able to appear on the date set by the clerk to the local hearing officer, the violator may reschedule the hearing one time by submitting a request to reschedule. This request to reschedule must be submitted at least five (5) calendar days before the originally scheduled hearing date. If the violator fails to appear for a scheduled hearing, the violator is responsible to pay the statutory fine of $158.00 and the administrative fees. After ten (10) days of the failure to appear, the clerk to the hearing officer shall notify the DHSMV of the failure to appear if payment has not been received. The DHSMV may not issue a license plate or revalidation sticker to the violator until the $158.00 statutory fine and administrative fees have been paid in full.
If the violator decides to cancel the hearing before it has occurred, the violator must pay the $158.00 statutory fine and an additional $50.00 in administrative costs.
Uniform Traffic Citation: A person shall be issued a Uniform Traffic Citation (UTC) if they have not made payment, filed an affidavit or requested a hearing to challenge a NOV within sixty (60) days of the date of mailing of the NOV.
Right Turn on Red Violation: Prohibits issuance of a violation from being issued if the driver of the vehicle came to a complete stop before turning right (if permissible at a red light), but failed to stop before crossing over the stop bar or other point at which stopping is required.