Senate Bill sb2020

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2020

    By Senator Wise





    5-1384-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to highway speed limits;

  3         creating s. 316.1893, F.S.; providing for

  4         establishment by the Department of

  5         Transportation of enhanced penalty zones on

  6         state highways; authorizing the department to

  7         set speed limits within those zones; directing

  8         the department to adopt a uniform system of

  9         traffic control devices and establish adequate

10         standards for signs to be used within the

11         zones; requiring signs designating enhanced

12         penalty zones and enhanced penalty zone speed

13         limits to be uniform in size and color;

14         prohibiting operation of a vehicle at a speed

15         greater than that posted in the enhanced

16         penalty zone; directing the Department of

17         Transportation and the Department of Highway

18         Safety and Motor Vehicles to conduct a study

19         and report to the Governor and the Legislature

20         for certain purposes; amending s. 318.18, F.S.;

21         providing penalties for violation of posted

22         speed in an enhanced penalty zone; amending s.

23         318.21, F.S.; correcting cross-references to

24         conform to changes made by the act; reenacting

25         ss. 318.14(2), (5), and (9), 318.15(1)(a) and

26         (2), 318.21(7), 402.40(4)(b), and

27         985.406(4)(b), F.S., relating to noncriminal

28         traffic infraction procedures, failure to

29         comply with civil penalty or to appear,

30         disposition of civil penalties by county

31         courts, child welfare training, and juvenile

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1         justice training academies, respectively, for

 2         the purpose of incorporating the amendment made

 3         to s. 318.18, F.S., in references thereto;

 4         providing an effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Section 316.1893, Florida Statutes, is

 9  created to read:

10         316.1893  Establishment of enhanced penalty zones;

11  designation.--

12         (1)  No later than July 1, 2007, the Department of

13  Transportation shall identify enhanced penalty zones on state

14  highways where there is an increased risk of crashes or damage

15  to people or property caused by crashes. Factors for

16  consideration to identify enhanced penalty zones shall

17  include:

18         (a)  High incidence of crashes.

19         (b)  High volume of pedestrian or vehicular traffic.

20         (c)  Increased volume of pedestrian or vehicular

21  traffic during certain times.

22         (2)  The Department of Transportation, pursuant to the

23  authority granted under s. 316.187, is authorized to set such

24  maximum and minimum speed limits for travel within enhanced

25  penalty zones as it deems safe and advisable.

26         (3)  The Department of Transportation, pursuant to the

27  authority granted under s. 316.0745, shall adopt a uniform

28  system of traffic control devices for use inside all enhanced

29  penalty zones.

30         (4)  Permanent and portable signs designating enhanced

31  penalty zones and enhanced penalty zone speed limits shall be

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  uniform in size and color. The Department of Transportation

 2  shall establish adequate standards for such permanent and

 3  portable signs.

 4         (5)  A person may not drive a vehicle on a roadway

 5  designated as an enhanced penalty zone at a speed greater than

 6  that posted in the enhanced penalty zone in accordance with

 7  this section. A person who violates the speed limit within a

 8  legally posted enhanced penalty zone established under this

 9  section commits a moving violation, punishable as provided in

10  chapter 318.

11         Section 2.  The Department of Transportation and the

12  Department of Highway Safety and Motor Vehicles shall jointly

13  conduct a study of highway safety and transportation issues as

14  they relate to public safety, including, but not limited to,

15  engineering, enforcement, and policy, to identify measurable

16  improvements to reduce highway traffic fatalities by one-third

17  of the 2005 traffic death statistics. The results of the study

18  shall be presented to the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives no

20  later than November 1, 2006, for a public hearing and

21  development of legislative recommendations.

22         Section 3.  Paragraphs (e) and (f) of subsection (3) of

23  section 318.18, Florida Statutes, are redesignated as

24  paragraphs (f) and (g), respectively, and a new paragraph (e)

25  is added to that subsection to read:

26         318.18  Amount of civil penalties.--The penalties

27  required for a noncriminal disposition pursuant to s. 318.14

28  are as follows:

29         (3)

30         (e)  Notwithstanding paragraph (b), a person cited for

31  exceeding the speed limit by up to 5 m.p.h. in a legally

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  posted enhanced penalty zone will be fined $50. A person

 2  exceeding the speed limit in an enhanced penalty zone shall

 3  pay a fine double the amount listed in paragraph (b).

 4         Section 4.  Subsections (4) and (5) of section 318.21,

 5  Florida Statutes, are amended to read:

 6         318.21  Disposition of civil penalties by county

 7  courts.--All civil penalties received by a county court

 8  pursuant to the provisions of this chapter shall be

 9  distributed and paid monthly as follows:

10         (4)  Of the additional fine assessed under s.

11  318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent

12  must be remitted to the Department of Revenue for deposit in

13  the Grants and Donations Trust Fund of the Division of Blind

14  Services of the Department of Education, and 60 percent must

15  be distributed pursuant to subsections (1) and (2).

16         (5)  Of the additional fine assessed under s.

17  318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent

18  must be remitted to the Department of Revenue for deposit in

19  the endowment fund for the Florida Endowment Foundation for

20  Vocational Rehabilitation, and 40 percent must be distributed

21  pursuant to subsections (1) and (2) of this section.

22         Section 5.  For the purpose of incorporating the

23  amendment made by this act to section 318.18, Florida

24  Statutes, in references thereto, subsections (2), (5), and (9)

25  of section 318.14, Florida Statutes, are reenacted to read:

26         318.14  Noncriminal traffic infractions; exception;

27  procedures.--

28         (2)  Except as provided in s. 316.1001(2), any person

29  cited for an infraction under this section must sign and

30  accept a citation indicating a promise to appear. The officer

31  may indicate on the traffic citation the time and location of

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  the scheduled hearing and must indicate the applicable civil

 2  penalty established in s. 318.18.

 3         (5)  Any person electing to appear before the

 4  designated official or who is required so to appear shall be

 5  deemed to have waived his or her right to the civil penalty

 6  provisions of s. 318.18. The official, after a hearing, shall

 7  make a determination as to whether an infraction has been

 8  committed. If the commission of an infraction has been proven,

 9  the official may impose a civil penalty not to exceed $500,

10  except that in cases involving unlawful speed in a school zone

11  or involving unlawful speed in a construction zone, the civil

12  penalty may not exceed $1,000; or require attendance at a

13  driver improvement school, or both. If the person is required

14  to appear before the designated official pursuant to s.

15  318.19(1) and is found to have committed the infraction, the

16  designated official shall impose a civil penalty of $1,000 in

17  addition to any other penalties and the person's driver's

18  license shall be suspended for 6 months. If the person is

19  required to appear before the designated official pursuant to

20  s. 318.19(2) and is found to have committed the infraction,

21  the designated official shall impose a civil penalty of $500

22  in addition to any other penalties and the person's driver's

23  license shall be suspended for 3 months. If the official

24  determines that no infraction has been committed, no costs or

25  penalties shall be imposed and any costs or penalties that

26  have been paid shall be returned. Moneys received from the

27  mandatory civil penalties imposed pursuant to this subsection

28  upon persons required to appear before a designated official

29  pursuant to s. 318.19(1) or (2) shall be remitted to the

30  Department of Revenue and deposited into the Department of

31  Health Administrative Trust Fund to provide financial support

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  to certified trauma centers to assure the availability and

 2  accessibility of trauma services throughout the state. Funds

 3  deposited into the Administrative Trust Fund under this

 4  section shall be allocated as follows:

 5         (a)  Fifty percent shall be allocated equally among all

 6  Level I, Level II, and pediatric trauma centers in recognition

 7  of readiness costs for maintaining trauma services.

 8         (b)  Fifty percent shall be allocated among Level I,

 9  Level II, and pediatric trauma centers based on each center's

10  relative volume of trauma cases as reported in the Department

11  of Health Trauma Registry.

12         (9)  Any person who does not hold a commercial driver's

13  license and who is cited for an infraction under this section

14  other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),

15  s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu

16  of a court appearance, elect to attend in the location of his

17  or her choice within this state a basic driver improvement

18  course approved by the Department of Highway Safety and Motor

19  Vehicles. In such a case, adjudication must be withheld;

20  points, as provided by s. 322.27, may not be assessed; and the

21  civil penalty that is imposed by s. 318.18(3) must be reduced

22  by 18 percent; however, a person may not make an election

23  under this subsection if the person has made an election under

24  this subsection in the preceding 12 months. A person may make

25  no more than five elections under this subsection. The

26  requirement for community service under s. 318.18(8) is not

27  waived by a plea of nolo contendere or by the withholding of

28  adjudication of guilt by a court.

29         Section 6.  For the purpose of incorporating the

30  amendment made by this act to section 318.18, Florida

31  Statutes, in references thereto, paragraph (a) of subsection

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  (1) and subsection (2) of section 318.15, Florida Statutes,

 2  are reenacted to read:

 3         318.15  Failure to comply with civil penalty or to

 4  appear; penalty.--

 5         (1)(a)  If a person fails to comply with the civil

 6  penalties provided in s. 318.18 within the time period

 7  specified in s. 318.14(4), fails to attend driver improvement

 8  school, or fails to appear at a scheduled hearing, the clerk

 9  of the court shall notify the Division of Driver Licenses of

10  the Department of Highway Safety and Motor Vehicles of such

11  failure within 10 days after such failure. Upon receipt of

12  such notice, the department shall immediately issue an order

13  suspending the driver's license and privilege to drive of such

14  person effective 20 days after the date the order of

15  suspension is mailed in accordance with s. 322.251(1), (2),

16  and (6). Any such suspension of the driving privilege which

17  has not been reinstated, including a similar suspension

18  imposed outside Florida, shall remain on the records of the

19  department for a period of 7 years from the date imposed and

20  shall be removed from the records after the expiration of 7

21  years from the date it is imposed.

22         (2)  After suspension of the driver's license and

23  privilege to drive of a person under subsection (1), the

24  license and privilege may not be reinstated until the person

25  complies with all obligations and penalties imposed on him or

26  her under s. 318.18 and presents to a driver license office a

27  certificate of compliance issued by the court, together with a

28  nonrefundable service charge of up to $47.50 imposed under s.

29  322.29, or presents a certificate of compliance and pays the

30  aforementioned service charge of up to $47.50 to the clerk of

31  the court or tax collector clearing such suspension. Of the

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  charge collected by the clerk of the court or the tax

 2  collector, $10 shall be remitted to the Department of Revenue

 3  to be deposited into the Highway Safety Operating Trust Fund.

 4  Such person shall also be in compliance with requirements of

 5  chapter 322 prior to reinstatement.

 6         Section 7.  For the purpose of incorporating the

 7  amendment made by this act to section 318.18, Florida

 8  Statutes, in a reference thereto, subsection (7) of section

 9  318.21, Florida Statutes, is reenacted to read:

10         318.21  Disposition of civil penalties by county

11  courts.--All civil penalties received by a county court

12  pursuant to the provisions of this chapter shall be

13  distributed and paid monthly as follows:

14         (7)  For fines assessed under s. 318.18(3) for unlawful

15  speed, the following amounts must be remitted to the

16  Department of Revenue for deposit in the Nongame Wildlife

17  Trust Fund:

18  

19  For speed exceeding the limit by:                        Fine:

20  1-5 m.p.h...............................................$  .00

21  6-9 m.p.h...............................................$  .25

22  10-14 m.p.h.............................................$ 3.00

23  15-19 m.p.h.............................................$ 4.00

24  20-29 m.p.h.............................................$ 5.00

25  30 m.p.h. and above.....................................$10.00

26  

27  The remaining amount must be distributed pursuant to

28  subsections (1) and (2).

29         Section 8.  For the purpose of incorporating the

30  amendment made by this act to section 318.18, Florida

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2020
    5-1384-06                                               See HB




 1  Statutes, in a reference thereto, paragraph (b) of subsection

 2  (4) of section 402.40, Florida Statutes, is reenacted to read:

 3         402.40  Child welfare training.--

 4         (4)  CHILD WELFARE TRAINING TRUST FUND.--

 5         (b)  One dollar from every noncriminal traffic

 6  infraction collected pursuant to s. 318.14(10)(b) or s. 318.18

 7  shall be deposited into the Child Welfare Training Trust Fund.

 8         Section 9.  For the purpose of incorporating the

 9  amendment made by this act to section 318.18, Florida

10  Statutes, in a reference thereto, paragraph (b) of subsection

11  (4) of section 985.406, Florida Statutes, is reenacted to

12  read:

13         985.406  Juvenile justice training academies

14  established; Juvenile Justice Standards and Training

15  Commission created; Juvenile Justice Training Trust Fund

16  created.--

17         (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--

18         (b)  One dollar from every noncriminal traffic

19  infraction collected pursuant to ss. 318.14(10)(b) and 318.18

20  shall be deposited into the Juvenile Justice Training Trust

21  Fund.

22         Section 10.  This act shall take effect July 1, 2006.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.