Senate Bill sb0206

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    Florida Senate - 2002                                   SB 206

    By Senator Wasserman Schultz





    32-153-02

  1                      A bill to be entitled

  2         An act relating to State Uniform Traffic

  3         Control; amending s. 316.655, F.S.; providing

  4         for enhanced penalties for certain violations

  5         of chapter 316, F.S.; creating s. 318.211,

  6         F.S.; providing for the disposition of such

  7         enhanced penalties; providing an effective

  8         date.

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

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12         Section 1.  Section 316.655, Florida Statutes, is

13  amended to read:

14         316.655  Penalties; enhanced fines in certain

15  circumstances.--

16         (1)  A violation of any of the provisions of this

17  chapter, except those violations with a specific criminal

18  charge, as enumerated in s. 318.17, are infractions, as

19  defined in s. 318.13(3). Except for violations of s. 316.302,

20  infractions of this chapter are punishable as provided in

21  chapter 318. Any person convicted of a violation of or

22  otherwise found to be in violation of s. 316.063, s. 316.3025,

23  s. 316.516, s. 316.545, or s. 316.550 shall be punished as

24  specifically provided in that section.

25         (2)  Drivers convicted of a violation of any offense

26  prohibited by this chapter or any other law of this state

27  regulating motor vehicles may have their driving privileges

28  revoked or suspended by the court if the court finds such

29  revocation or suspension warranted by the totality of the

30  circumstances resulting in the conviction and the need to

31  provide for the maximum safety for all persons who travel on

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    Florida Senate - 2002                                   SB 206
    32-153-02




  1  or who are otherwise affected by the use of the highways of

  2  the state. In determining whether suspension or revocation is

  3  appropriate, the court shall consider all pertinent factors,

  4  including, but not limited to, such factors as the extent and

  5  nature of the driver's violation of this chapter, the number

  6  of persons killed or injured as the result of the driver's

  7  violation of this chapter, and the extent of any property

  8  damage resulting from the driver's violation of this chapter.

  9         (3)  Any operator of a motor vehicle who commits a

10  moving violation proscribed by this chapter while the operator

11  is engaged in a secondary activity that results in driver

12  distraction is subject to penalty enhancement of double the

13  amount of the fine established under s. 318.18. The amount of

14  the enhanced fine shall be distributed as provided for in s.

15  318.211.

16         Section 2.  Section 318.211, Florida Statutes, is

17  created to read:

18         318.211  Enhanced penalties for certain violations of

19  chapter 316; distribution.--Moneys collected for violations

20  described in s. 316.655(3) shall be distributed as follows:

21         (1)  Forty-five percent of the enhanced penalty amount

22  shall be deposited in the Brain and Spinal Cord Injury

23  Rehabilitation Trust Fund for the purposes set forth in s.

24  381.79, with funds distributed evenly between the University

25  of Miami's Miami Project to Cure Paralysis, the University of

26  South Florida's Spinal Cord and Head Injury Program, and the

27  University of Florida's McKnight Brain Institute's Neurotrauma

28  Program.

29         (2)  Twenty-five percent of the enhanced penalty amount

30  shall be paid to the Department of Children and Family

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    Florida Senate - 2002                                   SB 206
    32-153-02




  1  Services for deposit into the Child Welfare Training Trust

  2  Fund pursuant to s. 402.40, in memory of Helen Marie Witty.

  3         (3)  Ten percent of the enhanced penalty amount shall

  4  be deposited into the County Article V Trust Fund of the

  5  county in which the penalty was collected.

  6         (4)  Ten percent of the enhanced penalty amount shall

  7  be deposited in the endowment fund of the Florida Endowment

  8  Foundation for Vocational Rehabilitation established pursuant

  9  to s. 413.615.

10         (5)  Ten percent of the enhanced penalty amount shall

11  be deposited in the Criminal Justice Standards and Training

12  Trust Fund created pursuant to s. 943.25(2).

13         Section 3.  This act shall take effect January 1, 2003.

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16                          SENATE SUMMARY

17    Provides for the doubling of fines against the operator
      of a motor vehicle involved in a moving traffic violation
18    while the operator is engaged in another activity that
      results in distraction of the operator. Provides for the
19    distribution of the moneys collected from the enhanced
      penalties.
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