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A bill to be entitled |
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An act relating to traffic infractions; amending s. |
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318.14, F.S.; providing penalties for certain traffic |
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infractions requiring a mandatory hearing; amending s. |
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318.19, F.S.; requiring a mandatory hearing for certain |
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infractions causing bodily injury; providing an effective |
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date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (5) of section 318.14, Florida |
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Statutes, is amended to read: |
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318.14 Noncriminal traffic infractions; exception; |
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procedures.-- |
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(5) Any person electing to appear before the designated |
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official or who is required so to appear shall be deemed to have |
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waived his or her right to the civil penalty provisions of s. |
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318.18. The official, after a hearing, shall make a |
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determination as to whether an infraction has been committed. If |
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the commission of an infraction has been proven, the official |
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may impose a civil penalty not to exceed $500, except that,in |
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cases involving unlawful speed in a school zone or,involving |
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unlawful speed in a construction zone, or involving a death, the |
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civil penalty may not exceed $1,000; or require attendance at a |
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driver improvement school, or both. If the person is required to |
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appear before the designated official pursuant to s. 318.19(1) |
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and is found to have committed the infraction, the designated |
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official shall impose a civil penalty of $1,000 in addition to |
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any other penalties and the person's driver license shall be |
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suspended for 6 months. If the person is required to appear |
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before the designated official pursuant to s. 318.19(2) and is |
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found to have committed the infraction, the designated official |
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shall impose a civil penalty of $500 in addition to any other |
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penalties and the person's driver license shall be suspended for |
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3 months. If the person is required to appear before the |
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designated official pursuant to s. 318.19(3) and is found to |
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have committed the infraction, the designated official shall |
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impose a civil penalty of $200 in addition to any other |
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penalties and the person's driver license shall be suspended for |
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30 days.If the official determines that no infraction has been |
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committed, no costs or penalties shall be imposed and any costs |
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or penalties that have been paid shall be returned. |
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Section 2. Section 318.19, Florida Statutes, is amended to |
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read: |
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318.19 Infractions requiring a mandatory hearing.--Any |
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person cited for the infractions listed in this section shall |
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not have the provisions of s. 318.14(2), (4), and (9) available |
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to him or her but must appear before the designated official at |
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the time and location of the scheduled hearing: |
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(1) Any infraction which results in a crash that causes |
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the death of another; |
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(2) Any infraction which results in a crash that causes |
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"serious bodily injury" of another as defined in s. 316.1933(1); |
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(3) Any infraction which results in a crash that causes |
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any bodily injury not specified in s. 316.1933(1);
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(4)(3)Any infraction of s. 316.172(1)(b); or |
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(5)(4)Any infraction of s. 316.520(1) or (2). |
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Section 3. This act shall take effect upon becoming a law. |