HB 0875 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to highway safety; amending s. 316.075,
12	F.S.; requiring hearing for specified violations of
13	traffic control signal devices resulting in a crash;
14	amending s. 318.14, F.S.; providing penalties for certain
15	traffic infractions requiring a mandatory hearing;
16	amending s. 318.18, F.S.; providing penalty for specified
17	violation; providing for distribution of moneys collected;
18	amending s. 318.19, F.S.; requiring hearing for specified
19	violations resulting in a crash; amending s. 322.0261,
20	F.S.; requiring driver improvement course for a second
21	violation of specified provisions within a specified time
22	period; providing penalty for failure to complete said
23	course within a specified time period; amending s. 322.27,
24	F.S.; assigning point value for conviction of specified
25	violation of traffic control device; providing an
26	effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Subsection (4) of section 316.075, Florida
31	Statutes, is amended to read:
32	316.075 Traffic control signal devices.--
33	(1) Except for automatic warning signal lights installed
34	or to be installed at railroad crossings, whenever traffic,
35	including municipal traffic, is controlled by traffic control
36	signals exhibiting different colored lights, or colored lighted
37	arrows, successively one at a time or in combination, only the
38	colors green, red, and yellow shall be used, except for special
39	pedestrian signals carrying a word legend, and the lights shall
40	indicate and apply to drivers of vehicles and pedestrians as
41	follows:
42	(a) Green indication.--
43	1. Vehicular traffic facing a circular green signal may
44	proceed cautiously straight through or turn right or left unless
45	a sign at such place prohibits either such turn. But vehicular
46	traffic, including vehicles turning right or left, shall yield
47	the right-of-way to other vehicles and to pedestrians lawfully
48	within the intersection or an adjacent crosswalk at the time
49	such signal is exhibited.
50	2. Vehicular traffic facing a green arrow signal, shown
51	alone or in combination with another indication, as directed by
52	the manual, may cautiously enter the intersection only to make
53	the movement indicated by such arrow, or such other movement as
54	is permitted by other indications shown at the same time, except
55	the driver of any vehicle may U-turn, so as to proceed in the
56	opposite direction unless such movement is prohibited by posted
57	traffic control signs. Such vehicular traffic shall yield the
58	right-of-way to pedestrians lawfully within an adjacent
59	crosswalk and to other traffic lawfully using the intersection.
60	3. Unless otherwise directed by a pedestrian control
61	signal as provided in s. 316.0755, pedestrians facing any green
62	signal, except when the sole green signal is a turn arrow, may
63	proceed across the roadway within any marked or unmarked
64	crosswalk.
65	(b) Steady yellow indication.--
66	1. Vehicular traffic facing a steady yellow signal is
67	thereby warned that the related green movement is being
68	terminated or that a red indication will be exhibited
69	immediately thereafter when vehicular traffic shall not enter
70	the intersection.
71	2. Pedestrians facing a steady yellow signal, unless
72	otherwise directed by a pedestrian control signal as provided in
73	s. 316.0755, are thereby advised that there is insufficient time
74	to cross the roadway before a red indication is shown and no
75	pedestrian shall start to cross the roadway.
76	(c) Steady red indication.--
77	1. Vehicular traffic facing a steady red signal shall stop
78	before entering the crosswalk on the near side of the
79	intersection or, if none, then before entering the intersection
80	and shall remain standing until a green indication is shown;
81	however:
82	a. The driver of a vehicle which is stopped at a clearly
83	marked stop line, but if none, before entering the crosswalk on
84	the near side of the intersection, or, if none then at the point
85	nearest the intersecting roadway where the driver has a view of
86	approaching traffic on the intersecting roadway before entering
87	the intersection in obedience to a steady red signal may make a
88	right turn, but shall yield the right-of-way to pedestrians and
89	other traffic proceeding as directed by the signal at the
90	intersection, except that municipal and county authorities may
91	prohibit any such right turn against a steady red signal at any
92	intersection, which prohibition shall be effective when a sign
93	giving notice thereof is erected in a location visible to
94	traffic approaching the intersection.
95	b. The driver of a vehicle on a one-way street that
96	intersects another one-way street on which traffic moves to the
97	left shall stop in obedience to a steady red signal, but may
98	then make a left turn into the one-way street, but shall yield
99	the right-of-way to pedestrians and other traffic proceeding as
100	directed by the signal at the intersection, except that
101	municipal and county authorities may prohibit any such left turn
102	as described, which prohibition shall be effective when a sign
103	giving notice thereof is attached to the traffic control signal
104	device at the intersection.
105	2. Unless otherwise directed by a pedestrian control
106	signal as provided in s. 316.0755, pedestrians facing a steady
107	red signal shall not enter the roadway.
108	(4)(a)A violation of this section is a noncriminal
109	traffic infraction, punishable pursuant to chapter 318 as either
110	a pedestrian violation or, if the infraction resulted from the
111	operation of a vehicle, as a moving violation.
112	(b) A person committing a violation of subparagraph
113	(1)(c)1. resulting in a crash is subject to a mandatory hearing
114	under the provisions of s. 318.19.
115	Section 2. Subsection (5) of section 318.14, Florida
116	Statutes, is amended to read:
117	318.14 Noncriminal traffic infractions; exception;
118	procedures.--
119	(5) Any person electing to appear before the designated
120	official or who is required so to appear shall be deemed to have
121	waived his or her right to the civil penalty provisions of s.
122	318.18. The official, after a hearing, shall make a
123	determination as to whether an infraction has been committed. If
124	the commission of an infraction has been proven, the official
125	may impose a civil penalty not to exceed $500, except that in
126	cases involving unlawful speed in a school zone or,involving
127	unlawful speed in a construction zone, or involving a death,the
128	civil penalty may not exceed $1,000; or require attendance at a
129	driver improvement school, or both. If the person is required to
130	appear before the designated official pursuant to s. 318.19(1)
131	and is found to have committed the infraction, the designated
132	official shall impose a civil penalty of $1,000 in addition to
133	any other penalties and the person’s driver license shall be
134	suspended for 6 months. If the person is required to appear
135	before the designated official pursuant to s. 318.19(2) and is
136	found to have committed the infraction, the designated official
137	shall impose a civil penalty of $500 in addition to any other
138	penalties and the person’s driver license shall be suspended for
139	3 months. If the person is required to appear before the
140	designated official pursuant to s. 318.19(3) and is found to
141	have committed the infraction, the designated official shall
142	impose a civil penalty of $200 in addition to any other
143	penalties and the person’s driver license shall be suspended for
144	30 days.If the official determines that no infraction has been
145	committed, no costs or penalties shall be imposed and any costs
146	or penalties that have been paid shall be returned.
147	Section 3. Subsection (13) is added to section 318.18,
148	Florida Statutes, to read:
149	318.18 Amount of civil penalties.--The penalties required
150	for a noncriminal disposition pursuant to s. 318.14 are as
151	follows:
152	(13) One hundred twenty-five dollars for a violation of s.
153	316.075(1)(c)1., of which $60 shall be distributed as provided
154	in s. 318.21 and $65 shall be used to fund traffic education
155	programs in public and nonpublic schools.
156	Section 4. Section 318.19, Florida Statutes, is amended to
157	read:
158	318.19 Infractions requiring a mandatory hearing.--Any
159	person cited for the infractions listed in this section shall
160	not have the provisions of s. 318.14(2), (4), and (9) available
161	to him or her but must appear before the designated official at
162	the time and location of the scheduled hearing:
163	(1) Any infraction which results in a crash that causes
164	the death of another;
165	(2) Any infraction which results in a crash that causes
166	"serious bodily injury" of another as defined in s. 316.1933(1);
167	(3) Any infraction which results in a crash that causes
168	any bodily injury not specified in s. 316.1933(1);
169	(4)(3) Any infraction of s. 316.172(1)(b); or
170	(5)(4) Any infraction of s. 316.520(1) or (2); or
171	(6) Any infraction of s. 316.075(1)(c)1. resulting in a
172	crash.
173	Section 5. Section 322.0261, Florida Statutes, is amended
174	to read:
175	322.0261 Mandatory driver improvement course; certain
176	instancescrashes.--
177	(1) The department shall screen crash reports received
178	under s. 316.066 or s. 324.051 to identify crashes involving the
179	following:
180	(a) A crash involving death or a bodily injury requiring
181	transport to a medical facility; or
182	(b) A second crash by the same operator within the
183	previous 2-year period involving property damage in an apparent
184	amount of at least $500.
185	(2) With respect to an operator convicted of, or who
186	pleaded nolo contendere to, a traffic offense giving rise to a
187	crash identified pursuant to subsection (1), the department
188	shall require that the operator, in addition to other applicable
189	penalties, attend a departmentally approved driver improvement
190	course in order to maintain driving privileges. If the operator
191	fails to complete the course within 90 days of receiving notice
192	from the department, the operator's driver's license shall be
193	canceled by the department until the course is successfully
194	completed.
195	(3) The department shall identify operators convicted of a
196	second violation of s. 316.075(1)(c)1. within 12 months after
197	the first violation and shall require that operator, in addition
198	to other applicable penalties, to attend a departmentally
199	approved driver improvement course in order to maintain driving
200	privileges. If the operator fails to complete the course within
201	90 days after receiving notice from the department, the
202	operator’s driver license shall be canceled by the department
203	until the course is successfully completed.
204	(4)(3)In determining whether to approve a driver
205	improvement course for the purposes of this section, the
206	department shall consider course content designed to promote
207	safety, driver awareness, crash avoidance techniques, and other
208	factors or criteria to improve driver performance from a safety
209	viewpoint.
210	Section 6. Paragraph (d) of subsection (3) of section
211	322.27, Florida Statutes, is amended to read:
212	322.27 Authority of department to suspend or revoke
213	license.--
214	(3) There is established a point system for evaluation of
215	convictions of violations of motor vehicle laws or ordinances,
216	and violations of applicable provisions of s. 403.413(6)(b) when
217	such violations involve the use of motor vehicles, for the
218	determination of the continuing qualification of any person to
219	operate a motor vehicle. The department is authorized to suspend
220	the license of any person upon showing of its records or other
221	good and sufficient evidence that the licensee has been
222	convicted of violation of motor vehicle laws or ordinances, or
223	applicable provisions of s. 403.413(6)(b), amounting to 12 or
224	more points as determined by the point system. The suspension
225	shall be for a period of not more than 1 year.
226	(d) The point system shall have as its basic element a
227	graduated scale of points assigning relative values to
228	convictions of the following violations:
229	1. Reckless driving, willful and wanton--4 points.
230	2. Leaving the scene of a crash resulting in property
231	damage of more than $50--6 points.
232	3. Unlawful speed resulting in a crash--6 points.
233	4. Passing a stopped school bus--4 points.
234	5. Unlawful speed:
235	a. Not in excess of 15 miles per hour of lawful or posted
236	speed--3 points.
237	b. In excess of 15 miles per hour of lawful or posted
238	speed--4 points.
239	6. A violation of a traffic control device as provided in
240	s. 316.075(1)(c)1.--4 points.
241	7.6.All other moving violations (including parking on a
242	highway outside the limits of a municipality)--3 points.
243	However, no points shall be imposed for a violation of s.
244	316.0741 or s. 316.2065(12).
245	8.7.Any moving violation covered above, excluding
246	unlawful speed, resulting in a crash--4 points.
247	9.8.Any conviction under s. 403.413(5)(b)--3 points.
248	Section 7. This act shall take effect upon becoming a law.
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