Senate Bill 2368

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    Florida Senate - 2000                                  SB 2368

    By Senator King





    8-1422-00

  1                      A bill to be entitled

  2         An act relating to motor vehicle drivers;

  3         amending s. 316.650, F.S.; requiring a traffic

  4         school reference guide to be issued with

  5         traffic citations; amending s. 318.14, F.S.;

  6         deleting a limit on the number of times a

  7         person may elect to attend a basic driver

  8         improvement course in lieu of a court

  9         appearance; amending s. 318.1451, F.S.;

10         establishing a fee for persons attending such

11         courses under court order; amending s.

12         322.0261, F.S.; requiring certain persons

13         involved in crashes to attend such courses;

14         creating s. 322.02615, F.S.; requiring certain

15         persons who have been convicted or have pled

16         nolo contendere to moving infractions to attend

17         such courses; amending s. 322.05, F.S.;

18         requiring persons under 18 years of age to

19         attend a driver's education course before

20         receiving a driver's license; providing an

21         effective date.

22

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

24

25         Section 1.  Subsection (3) of section 316.650, Florida

26  Statutes, is amended to read:

27         316.650  Traffic citations.--

28         (3)  Every traffic enforcement officer, upon issuing a

29  traffic citation to an alleged violator of any provision of

30  the motor vehicle laws of this state or of any traffic

31  ordinance of any city or town, shall issue a copy of the

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    Florida Senate - 2000                                  SB 2368
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  1  traffic school reference guide issued under s. 318.1451 to the

  2  alleged violator and deposit the original citation and one

  3  copy of such traffic citation or, in the case of a traffic

  4  enforcement agency which has an automated citation issuance

  5  system, shall provide an electronic facsimile with a court

  6  having jurisdiction over the alleged offense or with its

  7  traffic violations bureau within 5 days after issuance to the

  8  violator.

  9         Section 2.  Subsection (9) of section 318.14, Florida

10  Statutes, is amended to read:

11         318.14  Noncriminal traffic infractions; exception;

12  procedures.--

13         (9)  Any person who is cited for an infraction under

14  this section other than a violation of s. 320.0605, s.

15  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

16  s. 322.62 may, in lieu of a court appearance, elect to attend

17  in the location of his or her choice within this state a basic

18  driver improvement course approved by the Department of

19  Highway Safety and Motor Vehicles. In such a case,

20  adjudication must be withheld; points, as provided by s.

21  322.27, may not be assessed; and the civil penalty that is

22  imposed by s. 318.18(3) must be reduced by 18 percent;

23  however, a person may not make an election under this

24  subsection if the person has made an election under this

25  subsection in the preceding 12 months. A person may make no

26  more than five elections under this subsection. The

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

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

29  adjudication of guilt by a court.

30         Section 3.  Subsection (4) of section 318.1451, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2000                                  SB 2368
    8-1422-00




  1         318.1451  Driver improvement schools.--

  2         (4)  In addition to a regular course fee, an assessment

  3  fee in the amount of $2.50 shall be collected by the school

  4  from each person who is ordered by a court or who elects to

  5  attend a course, as it relates to ss. 318.14(9), 322.0261,

  6  322.0265, 322.05(2), 322.291, and 627.06501, which shall be

  7  remitted to the Department of Highway Safety and Motor

  8  Vehicles and deposited in the Highway Safety Operating Trust

  9  Fund to administer this program and to fund the general

10  operations of the department.

11         Section 4.  Subsection (1) of section 322.0261, Florida

12  Statutes, is amended to read:

13         322.0261  Mandatory driver improvement course; certain

14  crashes.--

15         (1)  The department shall screen crash reports received

16  under s. 316.066 or s. 324.051 to identify crashes involving

17  the following:

18         (a)  A crash involving death or a bodily injury

19  requiring transport to a medical facility; or

20         (b)  A second crash by the same operator within the

21  previous 2-year period involving property damage in an

22  apparent amount of at least $500.

23         Section 5.  Section 322.02615, Florida Statutes, is

24  created to read:

25         322.02615  Mandatory driver improvement course; certain

26  violations.--

27         (1)  The department shall screen reports of convictions

28  for violations of chapter 316 to identify operators who:

29         (a)  Are less than 21 years of age and have been

30  convicted of or pleaded nolo contendere to a noncriminal

31  moving infraction and also have been convicted of or pleaded

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    Florida Senate - 2000                                  SB 2368
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  1  nolo contendere to another noncriminal moving infraction since

  2  initial license issuance; or

  3         (b)  Have been convicted of or pleaded nolo contendere

  4  to more than one noncriminal moving infraction in a 12-month

  5  period.

  6         (2)  The department shall require that such operators,

  7  in addition to other applicable penalties, complete a

  8  department-approved basic driver-improvement course to

  9  maintain driving privileges. If the operator does not complete

10  the course within 90 days after receiving notice from the

11  department, the department shall suspend the operator's

12  driver's license until the course is successfully completed.

13         (3)  Completion of a course approved by the department

14  as a driver improvement course for purposes of s. 318.14(9)

15  satisfies the requirements of this section. However,

16  completion of a course required by this section is not

17  included in the limitation on course elections under s.

18  318.14(9).

19         Section 6.  Subsection (2) of section 322.05, Florida

20  Statutes, is amended to read:

21         322.05  Persons not to be licensed.--The department may

22  not issue a license:

23         (2)  To a person who is at least 16 years of age but is

24  under 18 years of age unless the person has passed a driver's

25  education course under s. 233.063, a course under s. 488.01,

26  or a basic driver-improvement course approved by the

27  department, and meets the requirements of s. 322.091 and holds

28  a valid:

29         (a)  Learner's driver's license for at least 6 months

30  before applying for a license; or

31

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    Florida Senate - 2000                                  SB 2368
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  1         (b)  License that was issued in another state or in a

  2  foreign jurisdiction and that would not be subject to

  3  suspension or revocation under the laws of this state.

  4         Section 7.  This act shall take effect October 1, 2000.

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  7                          SENATE SUMMARY

  8    Requires the issuance of a traffic school reference guide
      with every moving violation citation. Removes maximum
  9    elections for driver-improvement training. Requires that
      certain persons who are involved in certain crashes or
10    are convicted of or plead nolo contendere to certain
      noncriminal traffic offenses complete a mandatory
11    driver-improvement course. Requires persons 16 and 17
      years old to complete a basic driver-improvement course
12    or a driver-education course to obtain an operator's
      license.
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