Senate Bill 2368c1

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    Florida Senate - 2000                           CS for SB 2368

    By the Committee on Transportation and Senator King





    306-2210-00

  1                      A bill to be entitled

  2         An act relating to traffic control; amending s.

  3         316.650, F.S.; requiring the issuance of a copy

  4         of the Traffic School Reference Guide with

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

  6         deleting reference to a restriction on the

  7         number of elections a person may make to attend

  8         a basic driver improvement course; amending s.

  9         318.1451, F.S.; providing an assessment fee

10         with respect to driver improvement courses for

11         persons who are ordered by the court to attend

12         and for certain other violations; amending s.

13         322.0261, F.S.; deleting reference to a time

14         period and increasing the amount of damage

15         required with respect to a crash for the

16         screening of certain crash reports; creating s.

17         322.02615, F.S.; providing for mandatory driver

18         improvement courses for certain violations;

19         providing an effective date.

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21         WHEREAS, over 240,000 injuries and crashes involving

22  motor vehicles occur in Florida each year, which constitutes

23  an injury and crash every 2 minutes, and

24         WHEREAS, motor vehicle crashes are a leading cause of

25  death in the State of Florida, with a fatality occurring every

26  three hours as a direct result of these crashes, and

27         WHEREAS, motor vehicle crashes are the leading cause of

28  death for teenagers, and

29         WHEREAS, in the last decade, over 68,000 teens have

30  died in motor vehicle crashes, and

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    Florida Senate - 2000                           CS for SB 2368
    306-2210-00




  1         WHEREAS, the Insurance Institute for Highway Safety

  2  found that teenage drivers (ages 15-20) make up only 7 percent

  3  of the driving population, but are involved in 14 percent of

  4  all crashes and in 21 percent of fatal crashes, and

  5         WHEREAS, driver improvement education and training has

  6  proven to significantly reduce the number of crashes, and

  7         WHEREAS, the Florida Department of Highway Safety and

  8  Motor Vehicles found, in an independent study of driver

  9  improvement courses offered in the state, that the courses

10  were as much as twenty percent effective at reducing motor

11  vehicle crash recidivism, and

12         WHEREAS, it is the intent of the Legislature that the

13  citizens of the State of Florida are provided with driver

14  improvement education and training in an effort to reduce

15  motor vehicle crashes, NOW, THEREFORE,

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

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

20  Statutes, is amended to read:

21         316.650  Traffic citations.--

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

23  traffic citation to an alleged violator of any provision of

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

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

26  Traffic School Reference Guide and shall deposit the original

27  citation and one copy of such traffic citation or, in the case

28  of a traffic enforcement agency which has an automated

29  citation issuance system, shall provide an electronic

30  facsimile with a court having jurisdiction over the alleged

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    Florida Senate - 2000                           CS for SB 2368
    306-2210-00




  1  offense or with its traffic violations bureau within 5 days

  2  after issuance to the violator.

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

  4  Statutes, is amended to read:

  5         318.14  Noncriminal traffic infractions; exception;

  6  procedures.--

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

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

  9  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

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

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

12  driver improvement course approved by the Department of

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

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

15  322.27, may not be assessed; and the civil penalty that is

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

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

18  subsection if the person has made an election under this

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

20  more than five elections under this subsection. The

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

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

23  adjudication of guilt by a court.

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

25  Statutes, is amended to read:

26         318.1451  Driver improvement schools.--

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

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

29  from each person who is court ordered to attend a course or

30  elects to attend a course, as it relates to ss. 318.14(9),

31  322.0261, 322.02615, 322.05(2), 322.291, and 627.06501, which

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    Florida Senate - 2000                           CS for SB 2368
    306-2210-00




  1  shall be remitted to the Department of Highway Safety and

  2  Motor Vehicles and deposited in the Highway Safety Operating

  3  Trust Fund to administer this program and to fund the general

  4  operations of the department.

  5         Section 4.  Paragraph (b) of subsection (1) and

  6  subsection (2) of section 322.0261, Florida Statutes, are

  7  amended to read:

  8         322.0261  Mandatory driver improvement course; certain

  9  crashes.--

10         (1)  The department shall screen crash reports received

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

12  the following:

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

14  previous 2-year period involving property damage in an

15  apparent amount of at least $2,500 $500.

16         (2)  With respect to an operator convicted of, or who

17  pleaded nolo contendere to, a traffic offense giving rise to a

18  crash identified pursuant to subsection (1), the department

19  shall require that the operator, in addition to other

20  applicable penalties, attend a departmentally approved basic

21  driver improvement course in order to maintain driving

22  privileges. If the operator fails to complete the course

23  within 90 days of receiving notice from the department, the

24  operator's driver's license shall be canceled by the

25  department until the course is successfully completed.

26         Section 5.  Section 322.02615, Florida Statutes, is

27  created to read:

28         322.02615  Mandatory driver improvement course; certain

29  violations.--

30         (1)  The department shall screen reports of convictions

31  for violations of chapter 316 to identify operators who:

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    Florida Senate - 2000                           CS for SB 2368
    306-2210-00




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

  2  convicted of, or pleaded nolo contendere to, a noncriminal

  3  moving infraction and also have been convicted of, or pleaded

  4  nolo contendere to, another noncriminal moving infraction

  5  since initial license issuance.

  6         (b)  Have been convicted of, or pleaded nolo contendere

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

  8  period.

  9         (2)  With respect to an operator convicted of, or who

10  pleaded nolo contendere to, a noncriminal traffic offense

11  identified under subsection (1), the department shall require

12  that the operator, in addition to other applicable penalties,

13  attend a departmentally approved basic driver improvement

14  course in order to maintain driving privileges. If the

15  operator fails to complete the course within 90 days after

16  receiving notice from the department, the operator's driver's

17  license shall be canceled by the department until the course

18  is successfully completed.

19         (3)  Attendance of a course approved by the department

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

21  shall satisfy the requirements of this section. However,

22  attendance of a course as required by this section is not

23  included in the limitation on course elections under s.

24  318.14(9).

25         Section 6.  This act shall take effect October 1, 2000.

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    Florida Senate - 2000                           CS for SB 2368
    306-2210-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2368

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  4  The CS requires DHSMV to screen accident reports and require
    any driver who pleads guilty or nolo contendere to an
  5  infraction arising from a crash where the apparent property
    damage exceeds $2500 to attend a basic driver improvement
  6  course. The bill as originally filed required any person
    involved in a second crash causing damage of $500 or more who
  7  was convicted or pleaded nolo contendere to a traffic offense
    relating to the crash to attend a basic driver improvement
  8  course.

  9  The CS deletes a provision in the bill requiring drivers at
    least 16 years of age but under the age of 18 to attend one of
10  the specified driver education programs as a prerequisite for
    an operator's license.
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    The CS provides whereas language and implements several
12  technical corrections.

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