HB 0875, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to highway safety; amending s. 316.075,
3	F.S.; requiring hearing for specified violations of
4	traffic control signal devices resulting in a crash;
5	amending s. 318.14, F.S.; providing penalties for certain
6	traffic infractions requiring a mandatory hearing;
7	amending s. 318.18, F.S.; providing penalty for specified
8	violation; providing for distribution of moneys collected;
9	amending s. 318.19, F.S.; requiring hearing for specified
10	violations resulting in a crash; amending s. 318.21, F.S.;
11	providing additional criteria for distributions of certain
12	civil penalties by county courts; amending s. 322.0261,
13	F.S.; requiring driver improvement course for a second
14	violation of specified provisions within a specified time
15	period; providing penalty for failure to complete said
16	course within a specified time period; amending s. 322.27,
17	F.S.; assigning point value for conviction of specified
18	violation of traffic control device; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Subsection (4) of section 316.075, Florida
24	Statutes, is amended to read:
25	316.075 Traffic control signal devices.--
26	(1) Except for automatic warning signal lights installed
27	or to be installed at railroad crossings, whenever traffic,
28	including municipal traffic, is controlled by traffic control
29	signals exhibiting different colored lights, or colored lighted
30	arrows, successively one at a time or in combination, only the
31	colors green, red, and yellow shall be used, except for special
32	pedestrian signals carrying a word legend, and the lights shall
33	indicate and apply to drivers of vehicles and pedestrians as
34	follows:
35	(a) Green indication.--
36	1. Vehicular traffic facing a circular green signal may
37	proceed cautiously straight through or turn right or left unless
38	a sign at such place prohibits either such turn. But vehicular
39	traffic, including vehicles turning right or left, shall yield
40	the right-of-way to other vehicles and to pedestrians lawfully
41	within the intersection or an adjacent crosswalk at the time
42	such signal is exhibited.
43	2. Vehicular traffic facing a green arrow signal, shown
44	alone or in combination with another indication, as directed by
45	the manual, may cautiously enter the intersection only to make
46	the movement indicated by such arrow, or such other movement as
47	is permitted by other indications shown at the same time, except
48	the driver of any vehicle may U-turn, so as to proceed in the
49	opposite direction unless such movement is prohibited by posted
50	traffic control signs. Such vehicular traffic shall yield the
51	right-of-way to pedestrians lawfully within an adjacent
52	crosswalk and to other traffic lawfully using the intersection.
53	3. Unless otherwise directed by a pedestrian control
54	signal as provided in s. 316.0755, pedestrians facing any green
55	signal, except when the sole green signal is a turn arrow, may
56	proceed across the roadway within any marked or unmarked
57	crosswalk.
58	(b) Steady yellow indication.--
59	1. Vehicular traffic facing a steady yellow signal is
60	thereby warned that the related green movement is being
61	terminated or that a red indication will be exhibited
62	immediately thereafter when vehicular traffic shall not enter
63	the intersection.
64	2. Pedestrians facing a steady yellow signal, unless
65	otherwise directed by a pedestrian control signal as provided in
66	s. 316.0755, are thereby advised that there is insufficient time
67	to cross the roadway before a red indication is shown and no
68	pedestrian shall start to cross the roadway.
69	(c) Steady red indication.--
70	1. Vehicular traffic facing a steady red signal shall stop
71	before entering the crosswalk on the near side of the
72	intersection or, if none, then before entering the intersection
73	and shall remain standing until a green indication is shown;
74	however:
75	a. The driver of a vehicle which is stopped at a clearly
76	marked stop line, but if none, before entering the crosswalk on
77	the near side of the intersection, or, if none then at the point
78	nearest the intersecting roadway where the driver has a view of
79	approaching traffic on the intersecting roadway before entering
80	the intersection in obedience to a steady red signal may make a
81	right turn, but shall yield the right-of-way to pedestrians and
82	other traffic proceeding as directed by the signal at the
83	intersection, except that municipal and county authorities may
84	prohibit any such right turn against a steady red signal at any
85	intersection, which prohibition shall be effective when a sign
86	giving notice thereof is erected in a location visible to
87	traffic approaching the intersection.
88	b. The driver of a vehicle on a one-way street that
89	intersects another one-way street on which traffic moves to the
90	left shall stop in obedience to a steady red signal, but may
91	then make a left turn into the one-way street, but shall yield
92	the right-of-way to pedestrians and other traffic proceeding as
93	directed by the signal at the intersection, except that
94	municipal and county authorities may prohibit any such left turn
95	as described, which prohibition shall be effective when a sign
96	giving notice thereof is attached to the traffic control signal
97	device at the intersection.
98	2. Unless otherwise directed by a pedestrian control
99	signal as provided in s. 316.0755, pedestrians facing a steady
100	red signal shall not enter the roadway.
101	(4)(a)A violation of this section is a noncriminal
102	traffic infraction, punishable pursuant to chapter 318 as either
103	a pedestrian violation or, if the infraction resulted from the
104	operation of a vehicle, as a moving violation.
105	(b) A person committing a violation of subparagraph
106	(1)(c)1. resulting in a crash is subject to a mandatory hearing
107	under the provisions of s. 318.19.
108	Section 2. Subsection (5) of section 318.14, Florida
109	Statutes, is amended to read:
110	318.14 Noncriminal traffic infractions; exception;
111	procedures.--
112	(5) Any person electing to appear before the designated
113	official or who is required so to appear shall be deemed to have
114	waived his or her right to the civil penalty provisions of s.
115	318.18. The official, after a hearing, shall make a
116	determination as to whether an infraction has been committed. If
117	the commission of an infraction has been proven, the official
118	may impose a civil penalty not to exceed $500, except that in
119	cases involving unlawful speed in a school zone or,involving
120	unlawful speed in a construction zone, or involving a death,the
121	civil penalty may not exceed $1,000; or require attendance at a
122	driver improvement school, or both. If the person is required to
123	appear before the designated official pursuant to s. 318.19(1)
124	and is found to have committed the infraction, the designated
125	official shall impose a civil penalty of $1,000 in addition to
126	any other penalties and the person’s driver license shall be
127	suspended for 6 months. If the person is required to appear
128	before the designated official pursuant to s. 318.19(2) and is
129	found to have committed the infraction, the designated official
130	shall impose a civil penalty of $500 in addition to any other
131	penalties and the person’s driver license shall be suspended for
132	3 months. If the person is required to appear before the
133	designated official pursuant to s. 318.19(3) and is found to
134	have committed the infraction, the designated official shall
135	impose a civil penalty of $200 in addition to any other
136	penalties and the person’s driver license shall be suspended for
137	30 days.If the official determines that no infraction has been
138	committed, no costs or penalties shall be imposed and any costs
139	or penalties that have been paid shall be returned. Moneys
140	received from the mandatory civil penalties imposed pursuant to
141	this section shall be remitted to the Department of Revenue for
142	deposit into the General Revenue Fund.
143	Section 3. Subsection (13) is added to section 318.18,
144	Florida Statutes, to read:
145	318.18 Amount of civil penalties.--The penalties required
146	for a noncriminal disposition pursuant to s. 318.14 are as
147	follows:
148	(13) One hundred twenty-five dollars for a violation of s.
149	316.075(1)(c)1., of which $60 shall be distributed as provided
150	in s. 318.21 and $65 shall be remitted to the Department of
151	Revenue for deposit into the General Revenue Fund.
152	Section 4. Section 318.19, Florida Statutes, is amended to
153	read:
154	318.19 Infractions requiring a mandatory hearing.--Any
155	person cited for the infractions listed in this section shall
156	not have the provisions of s. 318.14(2), (4), and (9) available
157	to him or her but must appear before the designated official at
158	the time and location of the scheduled hearing:
159	(1) Any infraction which results in a crash that causes
160	the death of another;
161	(2) Any infraction which results in a crash that causes
162	"serious bodily injury" of another as defined in s. 316.1933(1);
163	(3) Any infraction which results in a crash that causes
164	any bodily injury not specified in s. 316.1933(1);
165	(4)(3) Any infraction of s. 316.172(1)(b); or
166	(5)(4) Any infraction of s. 316.520(1) or (2); or
167	(6) Any infraction of s. 316.075(1)(c)1. resulting in a
168	crash.
169	Section 5. Subsection (13) is added to section 318.21,
170	Florida Statutes, to read:
171	318.21 Disposition of civil penalties by county
172	courts.--All civil penalties received by a county court pursuant
173	to the provisions of this chapter shall be distributed and paid
174	monthly as follows:
175	(13) For fiscal year 2004-2005 and thereafter, from the
176	funds remitted to the General Revenue Fund pursuant to ss.
177	318.14(5) and 318.18(3), and ss. 318.1225 and 322.287 if
178	created:
179	(a) An amount as provided in the general appropriations
180	act shall be transferred to the Biomedical Research Trust Fund
181	in the Department of Health established under s. 20.435.
182	(b) Twenty-five million dollars shall be transferred to
183	the Johnnie Bryars Byrd, Sr., Trust Fund for Alzheimer’s
184	Research, contingent upon the creation of the trust fund by July
185	1, 2004.
186	Section 6. Section 322.0261, Florida Statutes, is amended
187	to read:
188	322.0261 Mandatory driver improvement course; certain
189	instancescrashes.--
190	(1) The department shall screen crash reports received
191	under s. 316.066 or s. 324.051 to identify crashes involving the
192	following:
193	(a) A crash involving death or a bodily injury requiring
194	transport to a medical facility; or
195	(b) A second crash by the same operator within the
196	previous 2-year period involving property damage in an apparent
197	amount of at least $500.
198	(2) With respect to an operator convicted of, or who
199	pleaded nolo contendere to, a traffic offense giving rise to a
200	crash identified pursuant to subsection (1), the department
201	shall require that the operator, in addition to other applicable
202	penalties, attend a departmentally approved driver improvement
203	course in order to maintain driving privileges. If the operator
204	fails to complete the course within 90 days of receiving notice
205	from the department, the operator's driver's license shall be
206	canceled by the department until the course is successfully
207	completed.
208	(3) The department shall identify operators convicted of a
209	second violation of s. 316.075(1)(c)1. within 12 months after
210	the first violation and shall require that operator, in addition
211	to other applicable penalties, to attend a departmentally
212	approved driver improvement course in order to maintain driving
213	privileges. If the operator fails to complete the course within
214	90 days after receiving notice from the department, the
215	operator’s driver license shall be canceled by the department
216	until the course is successfully completed.
217	(4)(3)In determining whether to approve a driver
218	improvement course for the purposes of this section, the
219	department shall consider course content designed to promote
220	safety, driver awareness, crash avoidance techniques, and other
221	factors or criteria to improve driver performance from a safety
222	viewpoint.
223	Section 7. Paragraph (d) of subsection (3) of section
224	322.27, Florida Statutes, is amended to read:
225	322.27 Authority of department to suspend or revoke
226	license.--
227	(3) There is established a point system for evaluation of
228	convictions of violations of motor vehicle laws or ordinances,
229	and violations of applicable provisions of s. 403.413(6)(b) when
230	such violations involve the use of motor vehicles, for the
231	determination of the continuing qualification of any person to
232	operate a motor vehicle. The department is authorized to suspend
233	the license of any person upon showing of its records or other
234	good and sufficient evidence that the licensee has been
235	convicted of violation of motor vehicle laws or ordinances, or
236	applicable provisions of s. 403.413(6)(b), amounting to 12 or
237	more points as determined by the point system. The suspension
238	shall be for a period of not more than 1 year.
239	(d) The point system shall have as its basic element a
240	graduated scale of points assigning relative values to
241	convictions of the following violations:
242	1. Reckless driving, willful and wanton--4 points.
243	2. Leaving the scene of a crash resulting in property
244	damage of more than $50--6 points.
245	3. Unlawful speed resulting in a crash--6 points.
246	4. Passing a stopped school bus--4 points.
247	5. Unlawful speed:
248	a. Not in excess of 15 miles per hour of lawful or posted
249	speed--3 points.
250	b. In excess of 15 miles per hour of lawful or posted
251	speed--4 points.
252	6. A violation of a traffic control device as provided in
253	s. 316.075(1)(c)1.--4 points.
254	7.6.All other moving violations (including parking on a
255	highway outside the limits of a municipality)--3 points.
256	However, no points shall be imposed for a violation of s.
257	316.0741 or s. 316.2065(12).
258	8.7.Any moving violation covered above, excluding
259	unlawful speed, resulting in a crash--4 points.
260	9.8.Any conviction under s. 403.413(5)(b)--3 points.
261	Section 8. This act shall take effect upon becoming a law.