Senate Bill sb2020c2

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    Florida Senate - 2006                    CS for CS for SB 2020

    By the Committees on Criminal Justice; Transportation; and
    Senator Wise




    591-2075-06

  1                      A bill to be entitled

  2         An act relating to speed limit enforcement on

  3         state roads; creating s. 316.1893, F.S.;

  4         providing legislative intent; providing for

  5         establishment by the Department of

  6         Transportation of enhanced penalty zones on

  7         state roads; authorizing the department to set

  8         speed limits within those zones; directing the

  9         department to adopt a uniform system of traffic

10         control devices to be used within the zones;

11         prohibiting operation of a vehicle at a speed

12         greater than that posted in the enhanced

13         penalty zone; directing the Department of

14         Highway Safety and Motor Vehicles to tabulate

15         citations issued within enhanced penalty zones

16         and make available certain information;

17         directing the Department of Transportation, the

18         Department of Highway Safety and Motor

19         Vehicles, and the Department of Education to

20         conduct a study and report to the Governor and

21         the Legislature for certain purposes; amending

22         s. 318.18, F.S.; providing for the notification

23         of the speed limit and of the doubling of fines

24         in a construction zone; providing penalties for

25         violation of posted speed in an enhanced

26         penalty zone; providing for disposition of

27         enhanced penalties; amending s. 318.21, F.S.;

28         correcting cross-references to conform to

29         changes made by the act; reenacting ss.

30         318.14(2), (5), and (9), 318.15(1)(a) and (2),

31         318.21(7), 402.40(4)(b), and 985.406(4)(b),

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1         F.S., relating to noncriminal traffic

 2         infraction procedures, failure to comply with

 3         civil penalty or to appear, disposition of

 4         civil penalties by county courts, child welfare

 5         training, and juvenile justice training

 6         academies, respectively, for the purpose of

 7         incorporating the amendment made to s. 318.18,

 8         F.S., in references thereto; providing an

 9         effective date.

10  

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

12  

13         Section 1.  Section 316.1893, Florida Statutes, is

14  created to read:

15         316.1893  Establishment of enhanced penalty zones;

16  designation.--

17         (1)  It is the intent of the Legislature to prevent

18  vehicular fatalities by prioritizing enforcement on segments

19  of highways that have a high incidence of fatalities.

20  Enforcement shall also be prioritized during the times that

21  fatalities most often occur. The enforcement of these zones

22  shall be in a way that maximizes public safety.

23         (2)  No later than July 1, 2008, the Department of

24  Transportation shall identify enhanced penalty zones on state

25  roads where there is a high incidence of fatalities.

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

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

28  maximum and minimum speed limits for travel within enhanced

29  penalty zones as it deems safe and advisable.

30         (4)  The Department of Transportation shall adopt a

31  uniform system of traffic control devices for use in

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1  conjunction with enhanced penalty zones pursuant to the

 2  authority granted under s. 316.0745.

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

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

 5  that posted in the enhanced penalty zone in accordance with

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

 7  legally posted enhanced penalty zone established under this

 8  section commits a moving violation, punishable as provided in

 9  chapter 318.

10         (6)  The Department of Highway Safety and Motor

11  Vehicles shall annually publish the date, time, and number of

12  citations issued both in and outside enhanced penalty zones

13  and shall make available statistical information based thereon

14  as to the number and circumstances of traffic citations inside

15  an enhanced penalty zone.

16         Section 2.  The Department of Transportation, the

17  Department of Highway Safety and Motor Vehicles, and the

18  Department of Education shall jointly conduct a study of

19  highway safety and transportation issues as they relate to

20  public safety, including, but not limited to, engineering,

21  enforcement, and policy, to identify measurable improvements

22  to reduce highway traffic fatalities by one-third of the 2005

23  traffic death statistics. The results of the study shall be

24  presented to the Governor, the President of the Senate, and

25  the Speaker of the House of Representatives no later than July

26  1, 2007, for a public hearing and development of legislative

27  recommendations.

28         Section 3.  Paragraph (d) of subsection (3) of section

29  318.18, Florida Statutes, is amended, paragraphs (e) and (f)

30  of that subsection are redesignated as paragraphs (f) and (g),

31  

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1  respectively, and a new paragraph (e) is added to that

 2  subsection, to read:

 3         318.18  Amount of civil penalties.--The penalties

 4  required for a noncriminal disposition pursuant to s. 318.14

 5  are as follows:

 6         (3)

 7         (d)  A person cited for exceeding the speed limit in a

 8  posted construction zone, which posting must include

 9  notification of the speed limit and the doubling of fines,

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

11  The fine shall be doubled for construction zone violations

12  only if construction personnel are present or operating

13  equipment on the road or immediately adjacent to the road

14  under construction.

15         (e)  A person cited for exceeding the speed limit in an

16  enhanced penalty zone shall pay a fine amount of $50 plus the

17  amount listed in paragraph (b). Notwithstanding paragraph (b),

18  a person cited for exceeding the speed limit by up to 5 m.p.h.

19  in a legally posted enhanced penalty zone shall pay a fine

20  amount of $50. Fifty percent of the moneys received from the

21  enhanced fine imposed by this paragraph shall be remitted to

22  the Department of Revenue and deposited into the

23  Administrative Trust Fund of the Department of Health to

24  provide financial support to certified trauma centers to

25  assure the availability and accessibility of trauma services

26  throughout the state. Funds deposited into the Administrative

27  Trust Fund under this paragraph shall be allocated as follows:

28         1.  Fifty percent shall be allocated equally among all

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

30  of readiness costs for maintaining trauma services.

31  

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1         2.  Fifty percent shall be allocated among Level I,

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

 3  relative volume of trauma cases as reported in the Department

 4  of Health Trauma Registry. The remainder of the moneys

 5  received from the enhanced fine imposed by this paragraph

 6  shall be remitted for disposition under s. 318.21.

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

 8  Florida Statutes, are amended to read:

 9         318.21  Disposition of civil penalties by county

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

11  pursuant to the provisions of this chapter shall be

12  distributed and paid monthly as follows:

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

14  318.18(3)(f) s. 318.18(3)(e) for a violation of s. 316.1301,

15  40 percent must be remitted to the Department of Revenue for

16  deposit in the Grants and Donations Trust Fund of the Division

17  of Blind Services of the Department of Education, and 60

18  percent must be distributed pursuant to subsections (1) and

19  (2).

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

21  318.18(3)(f) s. 318.18(3)(e) for a violation of s. 316.1303,

22  60 percent must be remitted to the Department of Revenue for

23  deposit in the endowment fund for the Florida Endowment

24  Foundation for Vocational Rehabilitation, and 40 percent must

25  be distributed pursuant to subsections (1) and (2) of this

26  section.

27         Section 5.  For the purpose of incorporating the

28  amendment made by this act to section 318.18, Florida

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

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

31  

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1         318.14  Noncriminal traffic infractions; exception;

 2  procedures.--

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

 4  cited for an infraction under this section must sign and

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

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

 7  the scheduled hearing and must indicate the applicable civil

 8  penalty established in s. 318.18.

 9         (5)  Any person electing to appear before the

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

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

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

13  make a determination as to whether an infraction has been

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

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

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

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

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

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

20  to appear before the designated official pursuant to s.

21  318.19(1) and is found to have committed the infraction, the

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

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

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

25  required to appear before the designated official pursuant to

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

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

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

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

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

31  penalties shall be imposed and any costs or penalties that

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1  have been paid shall be returned. Moneys received from the

 2  mandatory civil penalties imposed pursuant to this subsection

 3  upon persons required to appear before a designated official

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

 5  Department of Revenue and deposited into the Department of

 6  Health Administrative Trust Fund to provide financial support

 7  to certified trauma centers to assure the availability and

 8  accessibility of trauma services throughout the state. Funds

 9  deposited into the Administrative Trust Fund under this

10  section shall be allocated as follows:

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

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

13  of readiness costs for maintaining trauma services.

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

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

16  relative volume of trauma cases as reported in the Department

17  of Health Trauma Registry.

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

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

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

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

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

23  or her choice within this state a basic driver improvement

24  course approved by the Department of Highway Safety and Motor

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

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

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

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

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

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

31  no more than five elections under this subsection. The

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1  requirement for community service under s. 318.18(8) is not

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

 3  adjudication of guilt by a court.

 4         Section 6.  For the purpose of incorporating the

 5  amendment made by this act to section 318.18, Florida

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

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

 8  are reenacted to read:

 9         318.15  Failure to comply with civil penalty or to

10  appear; penalty.--

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

12  penalties provided in s. 318.18 within the time period

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

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

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

16  the Department of Highway Safety and Motor Vehicles of such

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

18  such notice, the department shall immediately issue an order

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

20  person effective 20 days after the date the order of

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

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

23  has not been reinstated, including a similar suspension

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

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

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

27  years from the date it is imposed.

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

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

30  license and privilege may not be reinstated until the person

31  complies with all obligations and penalties imposed on him or

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1  her under s. 318.18 and presents to a driver license office a

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

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

 4  322.29, or presents a certificate of compliance and pays the

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

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

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

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

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

10  Such person shall also be in compliance with requirements of

11  chapter 322 prior to reinstatement.

12         Section 7.  For the purpose of incorporating the

13  amendment made by this act to section 318.18, Florida

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

15  318.21, Florida Statutes, is reenacted to read:

16         318.21  Disposition of civil penalties by county

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

18  pursuant to the provisions of this chapter shall be

19  distributed and paid monthly as follows:

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

21  speed, the following amounts must be remitted to the

22  Department of Revenue for deposit in the Nongame Wildlife

23  Trust Fund:

24  

25  For speed exceeding the limit by:                        Fine:

26  1-5 m.p.h...............................................$  .00

27  6-9 m.p.h...............................................$  .25

28  10-14 m.p.h.............................................$ 3.00

29  15-19 m.p.h.............................................$ 4.00

30  20-29 m.p.h.............................................$ 5.00

31  30 m.p.h. and above.....................................$10.00

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1  

 2  The remaining amount must be distributed pursuant to

 3  subsections (1) and (2).

 4         Section 8.  For the purpose of incorporating the

 5  amendment made by this act to section 318.18, Florida

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

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

 8         402.40  Child welfare training.--

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

10         (b)  One dollar from every noncriminal traffic

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

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

13         Section 9.  For the purpose of incorporating the

14  amendment made by this act to section 318.18, Florida

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

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

17  read:

18         985.406  Juvenile justice training academies

19  established; Juvenile Justice Standards and Training

20  Commission created; Juvenile Justice Training Trust Fund

21  created.--

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

23         (b)  One dollar from every noncriminal traffic

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

25  shall be deposited into the Juvenile Justice Training Trust

26  Fund.

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

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    Florida Senate - 2006                    CS for CS for SB 2020
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2020

 3                                 

 4  Reinstates statutory language which was removed in the
    original committee substitute which states that fines in
 5  construction zones would be doubled only if construction
    workers are present or operating equipment nearby. Language is
 6  also added which requires the posting of the speed limit in
    construction zones and tells of the doubling of fines if
 7  workers are present or nearby when a motorist is ticketed for
    speeding.
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