Escambia County towns may use speed cameras in safety zones

A municipality may use a camera system to record speeding and mail civil violation notices. Only a municipality located wholly or partly in Escambia County may use the system, and only for violations within its boundaries in school or construction zones. The municipality must adopt an ordinance, post signs, and announce and promote the system before using it. A civil fine may not exceed $195, and at least $10 of each fine must go to school resource officers, school safety plans, or safety programs for the zones. The municipality must announce and promote the system at least 30 days before it first operates it.

A municipal court may decide whether a person is liable and impose a civil fine and court costs. These rules apply to a person who receives a notice for a violation recorded by the system. The municipality must prove the violation by more likely than not, and a judge may find the person not liable. A person may raise defenses, including that someone else drove without the owner's consent. If the notice arrived late, the person may seek a hearing by filing an affidavit and requesting one within 15 days after receiving it. The notice must be mailed within 30 days after the violation and must give a payment date; a person has 25 days from mailing to request a hearing. A person found liable after a hearing must pay within 10 days.

A person may appeal a finding of liability, and the law limits consequences for these civil violations. These rules apply to civil fines and violations under this act. An appeal must be filed within 14 days and pauses enforcement of the fine while the circuit court hears the case again. No one may be arrested or jailed for not paying. The violation may not go on criminal or driving records, count as a conviction or moving violation, or affect insurance rates unless an accident occurred because of it. No civil fine or liability finding may follow if a sworn officer arrested or cited the driver for a related criminal violation from the same event. A person must file an appeal within 14 days after the municipal judge enters a finding of liability.