Senate Bill sb2434
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2434
By Senator Garcia
40-963-03 See HB 875
1 A bill to be entitled
2 An act relating to civil penalties for
3 noncriminal traffic infractions; amending s.
4 318.14, F.S.; imposing penalties for certain
5 noncriminal traffic infractions requiring a
6 mandatory hearing; amending s. 318.19, F.S.;
7 providing for a mandatory hearing for certain
8 noncriminal traffic infractions; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (5) of section 318.14, Florida
14 Statutes, is amended to read:
15 318.14 Noncriminal traffic infractions; exception;
16 procedures.--
17 (5) Any person electing to appear before the designated
18 official or who is required so to appear shall be deemed to
19 have waived his or her right to the civil penalty provisions
20 of s. 318.18. The official, after a hearing, shall make a
21 determination as to whether an infraction has been committed.
22 If the commission of an infraction has been proven, the
23 official may impose a civil penalty not to exceed $500, except
24 that in cases involving unlawful speed in a school zone, or
25 involving unlawful speed in a construction zone, or involving
26 a death, the civil penalty may not exceed $1,000; or require
27 attendance at a driver improvement school, or both. If the
28 person is required to appear before the designated official
29 pursuant to s. 318.19(1), and is found to have committed the
30 infraction, the designated official shall impose a civil
31 penalty of $1,000 in addition to any other penalties; and the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2434
40-963-03 See HB 875
1 person's driver's license shall be suspended for six months.
2 If the person is required to appear before the designated
3 official pursuant to s. 318.19(2), and is found to have
4 committed the infraction, the designated official shall impose
5 a civil penalty of $500 in addition to any other penalties;
6 and the person's driver's license shall be suspended for three
7 months. If the person is required to appear before the
8 designated official pursuant to s. 318.19(3), and is found to
9 have committed the infraction, the designated official shall
10 impose a civil penalty of $200 in addition to any other
11 penalties; and the person's driver's license shall be
12 suspended for 30 days. If the official determines that no
13 infraction has been committed, no costs or penalties shall be
14 imposed and any costs or penalties that have been paid shall
15 be returned.
16 Section 2. Section 318.19, Florida Statutes, is
17 amended to read:
18 318.19 Infractions requiring a mandatory hearing.--Any
19 person cited for the infractions listed in this section shall
20 not have the provisions of s. 318.14(2), (4), and (9)
21 available to him or her but must appear before the designated
22 official at the time and location of the scheduled hearing:
23 (1) Any infraction which results in a crash that
24 causes the death of another;
25 (2) Any infraction which results in a crash that
26 causes "serious bodily injury" of another as defined in s.
27 316.1933(1);
28 (3) Any infraction which results in a crash that
29 causes any bodily injury other than the kind defined in s.
30 316.1933(1);
31 (4)(3) Any infraction of s. 316.172(1)(b); or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2434
40-963-03 See HB 875
1 (5)(4) Any infraction of s. 316.520(1) or (2).
2 Section 3. This act shall take effect upon becoming a
3 law.
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