Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 12-A
Barcode 457914
LEGISLATIVE ACTION
Senate . House
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Floor: AD/2R .
01/14/2009 10:36 AM .
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The Conference Committee on CS for SB 12-A recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (9) of section 318.14, Florida
7 Statutes, is amended to read:
8 318.14 Noncriminal traffic infractions; exception;
9 procedures.—
10 (9) Any person who does not hold a commercial driver's
11 license and who is cited for an infraction under this section
12 other than a violation of s. 316.183(2), s. 316.187, or s.
13 316.189 when the driver exceeds the posted limit by 30 miles per
14 hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
15 s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
16 appearance, elect to attend in the location of his or her choice
17 within this state a basic driver improvement course approved by
18 the Department of Highway Safety and Motor Vehicles. In such a
19 case, adjudication must be withheld and; points, as provided by
20 s. 322.27, may not be assessed.; and the civil penalty that is
21 imposed by s. 318.18(3) must be reduced by 18 percent; However,
22 a person may not make an election under this subsection if the
23 person has made an election under this subsection in the
24 preceding 12 months. A person may make no more than five
25 elections within 10 years under this subsection. The requirement
26 for community service under s. 318.18(8) is not waived by a plea
27 of nolo contendere or by the withholding of adjudication of
28 guilt by a court. If a person makes an election to attend a
29 basic driver improvement course under this subsection, 18
30 percent of the civil penalty imposed under s. 318.18(3) shall be
31 deposited in the State Courts Revenue Trust Fund; however, that
32 portion is not revenue for purposes of s. 28.36 and may not be
33 used in establishing the budget of the clerk of the court under
34 that section or s. 28.35.
35 Section 2. Subsection (1) of section 318.15, Florida
36 Statutes, is amended to read:
37 318.15 Failure to comply with civil penalty or to appear;
38 penalty.—
39 (1)(a) If a person fails to comply with the civil penalties
40 provided in s. 318.18 within the time period specified in s.
41 318.14(4), fails to attend driver improvement school, or fails
42 to appear at a scheduled hearing, the clerk of the court shall
43 notify the Division of Driver Licenses of the Department of
44 Highway Safety and Motor Vehicles of such failure within 10 days
45 after such failure. Upon receipt of such notice, the department
46 shall immediately issue an order suspending the driver's license
47 and privilege to drive of such person effective 20 days after
48 the date the order of suspension is mailed in accordance with s.
49 322.251(1), (2), and (6). Any such suspension of the driving
50 privilege which has not been reinstated, including a similar
51 suspension imposed outside Florida, shall remain on the records
52 of the department for a period of 7 years from the date imposed
53 and shall be removed from the records after the expiration of 7
54 years from the date it is imposed.
55 (b) However, a person who elects to attend driver
56 improvement school and has paid the civil penalty as provided in
57 s. 318.14(9), but who subsequently fails to attend the driver
58 improvement school within the time specified by the court shall
59 be deemed to have admitted the infraction and shall be
60 adjudicated guilty. In such a case in which there was an 18
61 percent reduction pursuant to s. 318.14(9) as it existed prior
62 to the effective date of this act, the person must pay the clerk
63 of the court that amount the 18 percent deducted pursuant to s.
64 318.14(9), and a processing fee of up to $18, after which no
65 additional penalties, court costs, or surcharges shall be
66 imposed for the violation. The clerk of the court shall notify
67 the department of the person's failure to attend driver
68 improvement school and points shall be assessed pursuant to s.
69 322.27.
70 Section 3. Subsection (3) of section 318.18, Florida
71 Statutes, is amended, and subsection (19) is added to that
72 section, to read:
73 318.18 Amount of penalties.—The penalties required for a
74 noncriminal disposition pursuant to s. 318.14 or a criminal
75 offense listed in s. 318.17 are as follows:
76 (3)(a) Except as otherwise provided in this section, $60
77 for all moving violations not requiring a mandatory appearance.
78 (b) For moving violations involving unlawful speed, the
79 fines are as follows:
80 For speed exceeding the limit by: Fine:
81 1-5 m.p.h................................................Warning
82 6-9 m.p.h....................................................$25
83 10-14 m.p.h.................................................$100
84 15-19 m.p.h............................................$150 $125
85 20-29 m.p.h............................................$175 $150
86 30 m.p.h. and above.........................................$250
87 (c) Notwithstanding paragraph (b), a person cited for
88 exceeding the speed limit by up to 5 m.p.h. in a legally posted
89 school zone will be fined $50. A person exceeding the speed
90 limit in a school zone shall pay a fine double the amount listed
91 in paragraph (b).
92 (d) A person cited for exceeding the speed limit in a
93 posted construction zone, which posting must include
94 notification of the speed limit and the doubling of fines, shall
95 pay a fine double the amount listed in paragraph (b). The fine
96 shall be doubled for construction zone violations only if
97 construction personnel are present or operating equipment on the
98 road or immediately adjacent to the road under construction.
99 (e) A person cited for exceeding the speed limit in an
100 enhanced penalty zone shall pay a fine amount of $50 plus the
101 amount listed in paragraph (b). Notwithstanding paragraph (b), a
102 person cited for exceeding the speed limit by up to 5 m.p.h. in
103 a legally posted enhanced penalty zone shall pay a fine amount
104 of $50.
105 (f) If a violation of s. 316.1301 or s. 316.1303 results in
106 an injury to the pedestrian or damage to the property of the
107 pedestrian, an additional fine of up to $250 shall be paid. This
108 amount must be distributed pursuant to s. 318.21.
109 (g) A person cited for exceeding the speed limit within a
110 zone posted for any electronic or manual toll collection
111 facility shall pay a fine double the amount listed in paragraph
112 (b). However, no person cited for exceeding the speed limit in
113 any toll collection zone shall be subject to a doubled fine
114 unless the governmental entity or authority controlling the toll
115 collection zone first installs a traffic control device
116 providing warning that speeding fines are doubled. Any such
117 traffic control device must meet the requirements of the uniform
118 system of traffic control devices.
119 (h) A person cited for a second or subsequent conviction of
120 speed exceeding the limit by 30 miles per hour and above within
121 a 12-month period shall pay a fine that is double the amount
122 listed in paragraph (b). For purposes of this paragraph, the
123 term “conviction” means a finding of guilt as a result of a jury
124 verdict, nonjury trial, or entry of a plea of guilty. Moneys
125 received from the increased fine imposed by this paragraph shall
126 be remitted to the Department of Revenue and deposited into the
127 Department of Health Administrative Trust Fund to provide
128 financial support to certified trauma centers to assure the
129 availability and accessibility of trauma services throughout the
130 state. Funds deposited into the Administrative Trust Fund under
131 this section shall be allocated as follows:
132 1. Fifty percent shall be allocated equally among all Level
133 I, Level II, and pediatric trauma centers in recognition of
134 readiness costs for maintaining trauma services.
135 2. Fifty percent shall be allocated among Level I, Level
136 II, and pediatric trauma centers based on each center's relative
137 volume of trauma cases as reported in the Department of Health
138 Trauma Registry.
139 (19) In addition to any penalties imposed, an Article V
140 assessment of $10 must be paid for all noncriminal moving and
141 nonmoving traffic violations under chapter 316. The assessment
142 is not revenue for purposes of s. 28.36 and may not be used in
143 establishing the budget of the clerk of the court under that
144 section or s. 28.35. Of the funds collected under this
145 subsection:
146 (a) The sum of $5 shall be deposited in the State Courts
147 Revenue Trust Fund for use by the state courts system;
148 (b) The sum of $3.33 shall be deposited in the State
149 Attorneys Revenue Trust Fund for use by the state attorneys; and
150 (c) The sum of $1.67 shall be deposited in the Public
151 Defenders Revenue Trust Fund for use by the public defenders.
152 Section 4. Subsections (18), (19), and (20) are added to
153 section 318.21, Florida Statutes, to read:
154 318.21 Disposition of civil penalties by county courts.—All
155 civil penalties received by a county court pursuant to the
156 provisions of this chapter shall be distributed and paid monthly
157 as follows:
158 (18) Notwithstanding subsections (1) and (2), the proceeds
159 from the administrative fee imposed under s. 318.18(18) shall be
160 distributed as provided in that subsection.
161 (19) Notwithstanding subsections (1) and (2), the proceeds
162 from the Article V assessment imposed under s. 318.18(19) shall
163 be distributed as provided in that subsection.
164 (20) For fines assessed under s. 318.18(3) for unlawful
165 speed, effective for violations occurring on or after the
166 effective date of this act, the following amounts shall be
167 remitted to the Department of Revenue for deposit in the State
168 Courts Revenue Trust Fund; however, these amounts are not
169 revenue for purposes of s. 28.36 and may not be used in
170 establishing the budget of the clerk of the court under that
171 section or s. 28.35:
172 For speed exceeding the limit by: Fine:
173 1-5 m.p.h..................................................$ .00
174 6-9 m.p.h..................................................$ .00
175 10-14 m.p.h................................................$ .00
176 15-19 m.p.h..................................................$25
177 20-29 m.p.h..................................................$25
178 30 m.p.h. and above........................................$ .00
179 The remaining amount shall be distributed pursuant to
180 subsections (1) and (2).
181 Section 5. Section 775.083, Florida Statutes, is amended to
182 read:
183 775.083 Fines.—
184 (1) A person who has been convicted of an offense other
185 than a capital felony may be sentenced to pay a fine in addition
186 to any punishment described in s. 775.082; when specifically
187 authorized by statute, he or she may be sentenced to pay a fine
188 in lieu of any punishment described in s. 775.082. A person who
189 has been convicted of a noncriminal violation may be sentenced
190 to pay a fine. Fines for designated crimes and for noncriminal
191 violations shall not exceed:
192 (a) $15,000, when the conviction is of a life felony.
193 (b) $10,000, when the conviction is of a felony of the
194 first or second degree.
195 (c) $5,000, when the conviction is of a felony of the third
196 degree.
197 (d) $1,000, when the conviction is of a misdemeanor of the
198 first degree.
199 (e) $500, when the conviction is of a misdemeanor of the
200 second degree or a noncriminal violation.
201 (f) Any higher amount equal to double the pecuniary gain
202 derived from the offense by the offender or double the pecuniary
203 loss suffered by the victim.
204 (g) Any higher amount specifically authorized by statute.
205 Fines imposed in this subsection shall be deposited by the clerk
206 of the court in the fine and forfeiture fund established
207 pursuant to s. 142.01, except that fines imposed when
208 adjudication is withheld shall be deposited in the State Courts
209 Revenue Trust Fund, and such fines imposed when adjudication is
210 withheld are not revenue for purposes of s. 28.36 and may not be
211 used in establishing the budget of the clerk of the court under
212 that section or s. 28.35. If a defendant is unable to pay a
213 fine, the court may defer payment of the fine to a date certain.
214 As used in this subsection, the term “convicted” or “conviction”
215 means a determination of guilt which is the result of a trial or
216 the entry of a plea of guilty or nolo contendere, regardless of
217 whether adjudication is withheld.
218 (2) In addition to the fines set forth in subsection (1),
219 court costs shall be assessed and collected in each instance a
220 defendant pleads nolo contendere to, or is convicted of, or
221 adjudicated delinquent for, a felony, a misdemeanor, or a
222 criminal traffic offense under state law, or a violation of any
223 municipal or county ordinance if the violation constitutes a
224 misdemeanor under state law. The court costs imposed by this
225 section shall be $50 for a felony and $20 for any other offense
226 and shall be deposited by the clerk of the court into an
227 appropriate county account for disbursement for the purposes
228 provided in this subsection. A county shall account for the
229 funds separately from other county funds as crime prevention
230 funds. The county, in consultation with the sheriff, must expend
231 such funds for crime prevention programs in the county,
232 including safe neighborhood programs under ss. 163.501-163.523.
233 (3) The purpose of this section is to provide uniform
234 penalty authorization for criminal offenses and, to this end, a
235 reference to this section constitutes a general reference under
236 the doctrine of incorporation by reference.
237 Section 6. Subsection (2) of section 948.01, Florida
238 Statutes, is amended to read:
239 948.01 When court may place defendant on probation or into
240 community control.—
241 (2) If it appears to the court upon a hearing of the matter
242 that the defendant is not likely again to engage in a criminal
243 course of conduct and that the ends of justice and the welfare
244 of society do not require that the defendant presently suffer
245 the penalty imposed by law, the court, in its discretion, may
246 either adjudge the defendant to be guilty or stay and withhold
247 the adjudication of guilt.; and, In either case, the court it
248 shall stay and withhold the imposition of sentence upon the such
249 defendant and shall place a felony the defendant upon probation.
250 If the defendant is found guilty of a nonfelony offense as the
251 result of a trial or entry of a plea of guilty or nolo
252 contendere, regardless of whether adjudication is withheld, the
253 court may place the defendant on probation. In addition to court
254 costs and fees and notwithstanding any law to the contrary, the
255 court may impose a fine authorized by law if the offender is a
256 nonfelony offender who is not placed on probation. However, a no
257 defendant who is placed on probation for a misdemeanor may not
258 be placed under the supervision of the department unless the
259 circuit court was the court of original jurisdiction.
260 Section 7. This act shall take effect February 1, 2009, or
261 upon becoming a law, whichever occurs later.
262
263 ================= T I T L E A M E N D M E N T ================
264 And the title is amended as follows:
265 Delete everything before the enacting clause
266 and insert:
267 A bill to be entitled
268 An act relating to the state judicial system; amending s.
269 318.14, F.S.; eliminating a percentage reduction in penalties
270 for noncriminal traffic infractions which is provided for
271 attending a basic driver improvement course; providing for the
272 distribution of a specified portion of penalty revenues;
273 amending s. 318.15, F.S., to conform; amending s. 318.18, F.S.;
274 increasing certain fines for speeding; creating an assessment to
275 be paid for noncriminal moving and nonmoving traffic
276 infractions; providing for distribution of the assessment;
277 amending s. 318.21, F.S.; providing for the distribution of
278 funds from certain penalties imposed for traffic infractions;
279 amending s. 775.083, F.S.; providing for the distribution of
280 certain criminal and noncriminal fines; defining the terms
281 “convicted” and “conviction” for purposes of liability for
282 payment of criminal and noncriminal fines; providing that a fine
283 may be imposed for a determination of guilt from a trial or
284 plea, regardless of whether adjudication is withheld; amending
285 s. 948.01, F.S.; providing that the imposition of probation in
286 certain nonfelony cases is discretionary rather than mandatory;
287 authorizing the court to impose a fine without placing a
288 nonfelony offender on probation; providing that certain revenues
289 generated under the act may not be used to establish the budgets
290 of clerks of the court; providing an effective date.