Florida Senate - 2016                             CS for SB 1570
       
       
        
       By the Committee on Transportation; and Senator Simmons
       
       596-03743-16                                          20161570c1
    1                        A bill to be entitled                      
    2         An act relating to school bus stop safety; amending s.
    3         316.172, F.S.; revising the terms of violation and the
    4         penalties for failure to stop a vehicle upon
    5         approaching a school bus that displays a stop signal;
    6         providing for criminal penalties under certain
    7         circumstances; amending s. 316.192, F.S.; requiring an
    8         additional fee to be added to a fine imposed for a
    9         specified violation; providing for distribution of the
   10         fee; amending s. 318.17, F.S.; conforming provisions
   11         to changes made by the act; amending s. 318.18, F.S.;
   12         removing provisions made obsolete by the act; amending
   13         s. 318.21, F.S.; conforming a cross-reference;
   14         amending s. 395.4036, F.S.; conforming a cross
   15         reference; conforming provisions to changes made by
   16         the act; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (1) of section 316.172, Florida
   21  Statutes, is amended to read:
   22         316.172 Traffic to stop for school bus.—
   23         (1)(a) A Any person using, operating, or driving a vehicle
   24  on or over the roads or highways of this state shall, upon
   25  approaching a any school bus that which displays a stop signal,
   26  bring such vehicle to a full stop while the bus is stopped, and
   27  the vehicle may shall not pass the school bus until the signal
   28  has been withdrawn. A person who violates this paragraph section
   29  commits a moving violation, punishable as provided in chapter
   30  318.
   31         (b) A Any person using, operating, or driving a vehicle
   32  that passes a school bus on the side that children enter and
   33  exit when the school bus displays a stop signal commits reckless
   34  driving a moving violation, punishable as provided in s. 316.192
   35  chapter 318, and is subject to a mandatory hearing under the
   36  provisions of s. 318.19.
   37         Section 2. Subsection (6) is added to section 316.192,
   38  Florida Statutes, to read:
   39         316.192 Reckless driving.—
   40         (6) In addition to any other penalty provided under this
   41  section, $65 shall be added to a fine imposed pursuant to this
   42  section for a violation of s. 316.172(1)(b). The clerk shall
   43  remit the $65 to the Department of Revenue for deposit in the
   44  Emergency Medical Services Trust Fund, to be used as provided in
   45  s. 395.4036.
   46         Section 3. Section 318.17, Florida Statutes, is amended to
   47  read:
   48         318.17 Offenses excepted.—No provision of this chapter is
   49  available to a person who is charged with any of the following
   50  offenses:
   51         (1) Fleeing or attempting to elude a police officer, in
   52  violation of s. 316.1935.;
   53         (2) Leaving the scene of a crash, in violation of ss.
   54  316.027 and 316.061.;
   55         (3) Driving, or being in actual physical control of, any
   56  vehicle while under the influence of alcoholic beverages, any
   57  chemical substance set forth in s. 877.111, or any substance
   58  controlled under chapter 893, in violation of s. 316.193, or
   59  driving with an unlawful blood-alcohol level.;
   60         (4) Reckless driving, in violation of s. 316.172(1)(b) or
   61  s. 316.192.;
   62         (5) Making false crash reports, in violation of s.
   63  316.067.;
   64         (6) Willfully failing or refusing to comply with any lawful
   65  order or direction of any police officer or member of the fire
   66  department, in violation of s. 316.072(3).;
   67         (7) Obstructing an officer, in violation of s. 316.545(1).;
   68  or
   69         (8) Any other offense in chapter 316 which is classified as
   70  a criminal violation.
   71         Section 4. Paragraphs (b) and (c) of subsection (5) of
   72  section 318.18, Florida Statutes, are amended 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         (5)
   77         (b) Two hundred dollars for a violation of s.
   78  316.172(1)(b), passing a school bus on the side that children
   79  enter and exit when the school bus displays a stop signal. If,
   80  at a hearing, the alleged offender is found to have committed
   81  this offense, the court shall impose a minimum civil penalty of
   82  $200. In addition to this penalty, for a second or subsequent
   83  offense within a period of 5 years, the department shall suspend
   84  the driver license of the person for not less than 180 days and
   85  not more than 1 year.
   86         (b)(c) In addition to the penalty under paragraph (a) or
   87  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
   88  If the alleged offender is found to have committed the offense,
   89  the court shall impose the civil penalty under paragraph (a) or
   90  paragraph (b) plus an additional $65. The additional $65
   91  collected under this paragraph shall be remitted to the
   92  Department of Revenue for deposit into the Emergency Medical
   93  Services Trust Fund of the Department of Health to be used as
   94  provided in s. 395.4036.
   95         Section 5. Subsection (21) of section 318.21, Florida
   96  Statutes, is amended to read:
   97         318.21 Disposition of civil penalties by county courts.—All
   98  civil penalties received by a county court pursuant to the
   99  provisions of this chapter shall be distributed and paid monthly
  100  as follows:
  101         (21) Notwithstanding subsections (1) and (2), the proceeds
  102  from the additional penalties imposed pursuant to s.
  103  318.18(5)(b) s. 318.18(5)(c) and (20) shall be distributed as
  104  provided in that section.
  105         Section 6. Paragraph (b) of subsection (1) of section
  106  395.4036, Florida Statutes, is amended to read:
  107         395.4036 Trauma payments.—
  108         (1) Recognizing the Legislature’s stated intent to provide
  109  financial support to the current verified trauma centers and to
  110  provide incentives for the establishment of additional trauma
  111  centers as part of a system of state-sponsored trauma centers,
  112  the department shall utilize funds collected under s. 318.18 and
  113  deposited into the Emergency Medical Services Trust Fund of the
  114  department to ensure the availability and accessibility of
  115  trauma services throughout the state as provided in this
  116  subsection.
  117         (b) Funds collected under ss. 316.192(6), 318.18(5)(b), and
  118  318.18(20) s. 318.18(5)(c) and (20) shall be distributed as
  119  follows:
  120         1. Thirty percent of the total funds collected shall be
  121  distributed to Level II trauma centers operated by a public
  122  hospital governed by an elected board of directors as of
  123  December 31, 2008.
  124         2. Thirty-five percent of the total funds collected shall
  125  be distributed to verified trauma centers based on trauma
  126  caseload volume for the most recent calendar year available. The
  127  determination of caseload volume for distribution of funds under
  128  this subparagraph shall be based on the department’s Trauma
  129  Registry data.
  130         3. Thirty-five percent of the total funds collected shall
  131  be distributed to verified trauma centers based on severity of
  132  trauma patients for the most recent calendar year available. The
  133  determination of severity for distribution of funds under this
  134  subparagraph shall be based on the department’s International
  135  Classification Injury Severity Scores or another statistically
  136  valid and scientifically accepted method of stratifying a trauma
  137  patient’s severity of injury, risk of mortality, and resource
  138  consumption as adopted by the department by rule, weighted based
  139  on the costs associated with and incurred by the trauma center
  140  in treating trauma patients. The weighting of scores shall be
  141  established by the department by rule.
  142         Section 7. This act shall take effect October 1, 2016.