Senate Bill sb2434c1

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    Florida Senate - 2003                           CS for SB 2434

    By the Committee on Judiciary; and Senator Garcia





    308-2127-03

  1                      A bill to be entitled

  2         An act relating to civil penalties for

  3         noncriminal traffic infractions; amending s.

  4         316.075, F.S.; providing for a mandatory

  5         hearing under s. 318.19, F.S., in specified

  6         circumstances; amending s. 318.14, F.S.;

  7         imposing penalties for certain noncriminal

  8         traffic infractions requiring a mandatory

  9         hearing; amending s. 318.18, F.S.; providing a

10         civil penalty for a violation of s.

11         316.075(1)(c)1., F.S.; providing for

12         distribution of proceeds from the penalty;

13         amending s. 318.19, F.S.; providing for a

14         mandatory hearing for certain noncriminal

15         traffic infractions; amending s. 322.0261,

16         F.S.; providing that operators who commit two

17         violations of s. 316.075(1)(c)1., F.S., must

18         take a driver improvement course or lose their

19         driving privileges; providing an effective

20         date.

21  

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

23  

24         Section 1.  Subsection (4) of section 316.075, Florida

25  Statutes, is amended to read:

26         316.075  Traffic control signal devices.--

27         (4)(a)  A violation of this section is a noncriminal

28  traffic infraction, punishable pursuant to chapter 318 as

29  either a pedestrian violation or, if the infraction resulted

30  from the operation of a vehicle, as a moving violation.

31  

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    Florida Senate - 2003                           CS for SB 2434
    308-2127-03




 1         (b)  A person who commits a violation of subparagraph

 2  (1)(c)1. which results in a crash is subject to a mandatory

 3  hearing under s. 318.19.

 4         Section 2.  Subsection (5) of section 318.14, Florida

 5  Statutes, is amended to read:

 6         318.14 Noncriminal traffic infractions; exception;

 7  procedures.--

 8         (5) Any person electing to appear before the designated

 9  official or who is required so to appear shall be deemed to

10  have waived his or her right to the civil penalty provisions

11  of s. 318.18. The official, after a hearing, shall make a

12  determination as to whether an infraction has been committed.

13  If the commission of an infraction has been proven, the

14  official may impose a civil penalty not to exceed $500, except

15  that in cases involving unlawful speed in a school zone, or

16  involving unlawful speed in a construction zone, or involving

17  a death, the civil penalty may not exceed $1,000; or require

18  attendance at a driver improvement school, or both. If the

19  person is required to appear before the designated official

20  pursuant to s. 318.19(1), and is found to have committed the

21  infraction, the designated official shall impose a civil

22  penalty of $1,000 in addition to any other penalties; and the

23  person's driver's license shall be suspended for 6 months. If

24  the person is required to appear before the designated

25  official pursuant to s. 318.19(2), and is found to have

26  committed the infraction, the designated official shall impose

27  a civil penalty of $500 in addition to any other penalties;

28  and the person's driver's license shall be suspended for 3

29  months. If the person is required to appear before the

30  designated official pursuant to s. 318.19(3), and is found to

31  have committed the infraction, the designated official shall

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    Florida Senate - 2003                           CS for SB 2434
    308-2127-03




 1  impose a civil penalty of $200 in addition to any other

 2  penalties; and the person's driver's license shall be

 3  suspended for 30 days. If the official determines that no

 4  infraction has been committed, no costs or penalties shall be

 5  imposed and any costs or penalties that have been paid shall

 6  be returned.

 7         Section 3.  Subsection (13) is added to section 318.18,

 8  Florida Statutes, to read:

 9         318.18  Amount of civil penalties.--The penalties

10  required for a noncriminal disposition pursuant to s. 318.14

11  are as follows:

12         (13)  One hundred twenty-five dollars for a violation

13  of s. 316.075(1)(c)1., of which $60 shall be distributed as

14  provided in s. 318.21 and $65 shall be used to fund traffic

15  education programs in public and nonpublic schools.

16         Section 4.  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 that results in a crash that causes

29  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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    Florida Senate - 2003                           CS for SB 2434
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 1         (5)(4)  Any infraction of s. 316.520(1) or (2); or.

 2         (6)  Any infraction of s. 316.075(1)(c)1. which results

 3  in a crash.

 4         Section 5.  Section 322.0261, Florida Statutes, is

 5  amended to read:

 6         322.0261  Mandatory driver improvement course; certain

 7  instances crashes.--

 8         (1)  The department shall screen crash reports received

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

10  the following:

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

12  requiring transport to a medical facility; or

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 $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 driver

21  improvement course in order to maintain driving privileges. If

22  the operator fails to complete the course within 90 days of

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

24  license shall be canceled by the department until the course

25  is successfully completed.

26         (3)  The department shall identify operators who have

27  been convicted of a second violation of s. 316.075(1)(c)1.

28  within 12 months after the first such violation and shall

29  require that operator, in addition to other applicable

30  penalties, to attend a departmentally approved driver

31  improvement course in order to maintain driving privileges. If

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    Florida Senate - 2003                           CS for SB 2434
    308-2127-03




 1  the operator fails to complete the course within 90 days after

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

 3  license shall be canceled by the department until the course

 4  is successfully completed.

 5         (4)(3)  In determining whether to approve a driver

 6  improvement course for the purposes of this section, the

 7  department shall consider course content designed to promote

 8  safety, driver awareness, crash avoidance techniques, and

 9  other factors or criteria to improve driver performance from a

10  safety viewpoint.

11         Section 6.  Paragraph (d) of subsection (3) of section

12  322.27, Florida Statutes, is amended to read:

13         322.27  Authority of department to suspend or revoke

14  license.--

15         (3)  There is established a point system for evaluation

16  of convictions of violations of motor vehicle laws or

17  ordinances, and violations of applicable provisions of s.

18  403.413(6)(b) when such violations involve the use of motor

19  vehicles, for the determination of the continuing

20  qualification of any person to operate a motor vehicle. The

21  department is authorized to suspend the license of any person

22  upon showing of its records or other good and sufficient

23  evidence that the licensee has been convicted of violation of

24  motor vehicle laws or ordinances, or applicable provisions of

25  s. 403.413(6)(b), amounting to 12 or more points as determined

26  by the point system. The suspension shall be for a period of

27  not more than 1 year.

28         (d)  The point system shall have as its basic element a

29  graduated scale of points assigning relative values to

30  convictions of the following violations:

31         1.  Reckless driving, willful and wanton--4 points.

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    Florida Senate - 2003                           CS for SB 2434
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 1         2.  Leaving the scene of a crash resulting in property

 2  damage of more than $50--6 points.

 3         3.  Unlawful speed resulting in a crash--6 points.

 4         4.  Passing a stopped school bus--4 points.

 5         5.  Unlawful speed:

 6         a.  Not in excess of 15 miles per hour of lawful or

 7  posted speed--3 points.

 8         b.  In excess of 15 miles per hour of lawful or posted

 9  speed--4 points.

10         6.  A violation of a traffic control device as provided

11  in s. 316.075(1)(c)1.--4 points.

12         7.6.  All other moving violations (including parking on

13  a highway outside the limits of a municipality)--3 points.

14  However, no points shall be imposed for a violation of s.

15  316.0741 or s. 316.2065(12).

16         8.7.  Any moving violation covered above, excluding

17  unlawful speed, resulting in a crash--4 points.

18         9.8.  Any conviction under s. 403.413(5)(b)--3 points.

19         Section 7.  This act shall take effect upon becoming a

20  law.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 2434

24                                 

25  This Committee Substitute provides for a mandatory hearing
    before a designated official when a person is cited for
26  running a red light which results in a crash. This Committee
    Substitute provides for an assessment of 4 points against a
27  person's driver license when convicted of running a red light
    and for the mandatory attendance in a driver education program
28  when convicted of same twice in a 12 month period. This
    Committee Substitute also provides enhanced penalties for a
29  person convicted of violating certain traffic regulations
    which result in a crash or which result in a crash that causes
30  the death of or injury to another.

31  

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