§ 35-75. Owner exemptions.

(a)

The owner of the motor vehicle involved in the violation is responsible and liable for paying the violation notice and traffic citation issued for a violation of section 316.074(1) or 316.075(1)(c)1, Florida Statutes, when the driver failed to stop at a traffic signal, unless the owner can establish that:

(1)

The motor vehicle passed through the intersection in order to yield right-of-way to an emergency vehicle or as part of a funeral procession;

(2)

The motor vehicle passed through the intersection at the direction of a law enforcement officer;

(3)

The motor vehicle was, at the time of the violation, in the care, custody, or control of another person;

(4)

A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of section 316.074(1) or 316.075(1)(c)1, Florida Statutes; or

(5)

The motor vehicle's owner was deceased on or before the date that the uniform traffic citation was issued, as established by an affidavit submitted by the representative of the motor vehicle owner's estate or other designated person or family member.

(b)

In order to establish facts to support any of the provisions set forth in (a)(1)—(5) above, the owner of the motor vehicle shall, within sixty (60) days after the date of issuance of the notice of violation or within thirty (30) days after the date of issuance of the traffic citation, furnish to the appropriate governmental entity an affidavit setting forth detailed information supporting an exemption as provided in this paragraph.

(1)

An affidavit supporting an exemption under subsection (a)(3) must include the name, address, date of birth, and, if known, the driver's 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 vehicle was stolen at the time of the alleged offense, the affidavit must include the police report indicating that the vehicle was stolen.

(2)

If a traffic citation for a violation of section 316.074(1) or 316.075(1)(c)1, Florida Statutes, 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)

Upon receipt of an affidavit, the person designated as having care, custody, or control of the motor vehicle at the time of the violation may be issued a notice of violation for a violation of section 316.074(1) or 316.075(1)(c)1, Florida Statutes, when the driver failed to stop at a traffic signal. The affidavit is admissible in a proceeding pursuant to this section for the purpose of providing proof that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased vehicle for which a traffic citation is issued for a violation of section 316.074(1) or 316.075(1)(c)1, Florida Statutes, when the driver failed to stop at a traffic signal is not responsible for paying the traffic citation and is not required to submit an affidavit as specified in this subsection if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. The notice of violation must be sent to the person identified on the affidavit within thirty (30) days after receipt of an affidavit.

(d)

The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083, Florida Statutes.

(Ord. No. 2010-09 , § 2, 7-13-10; Ord. No. 2013-17 , § 1, 7-2-13)