| 1 | A bill to be entitled |
| 2 | An act relating to civil traffic court; creating the |
| 3 | "Traffic Safety Act of 2004"; amending s. 318.18, F.S.; |
| 4 | providing additional court costs for traffic violations; |
| 5 | limiting the amount of certain court costs; providing for |
| 6 | moneys collected to be used for the operation of civil |
| 7 | traffic infraction magistrate programs; providing for use |
| 8 | of certain nondesignated funds for criminal justice |
| 9 | selection centers or other local criminal justice access |
| 10 | and assessment centers; amending s. 318.21, F.S.; |
| 11 | providing for distribution of moneys collected; amending |
| 12 | s. 318.37, F.S.; providing for funding of civil traffic |
| 13 | infraction magistrate programs; renaming hearing officers |
| 14 | as traffic magistrates; amending ss. 318.30, 318.31, |
| 15 | 318.32, 318.325, 318.33, 318.34, 318.35, 318.36, and |
| 16 | 318.38, F.S.; conforming provisions; providing an |
| 17 | effective date. |
| 18 |
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| 19 | WHEREAS, the civil traffic court hearing officer programs |
| 20 | have been designated an essential element of the statewide court |
| 21 | system, and |
| 22 | WHEREAS, the funding for these programs is now the |
| 23 | obligation of the state, and |
| 24 | WHEREAS, the Legislature desires to continue to provide |
| 25 | effective and efficient resolution of civil traffic court cases, |
| 26 | NOW, THEREFORE, |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. This act may be known by the popular name the |
| 31 | "Traffic Safety Act of 2004." |
| 32 | Section 2. Subsection (11) of section 318.18, Florida |
| 33 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
| 34 | amended to read: |
| 35 | 318.18 Amount of civil penalties.--The penalties required |
| 36 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 37 | follows: |
| 38 | (11)(a) Court costs that are to be in addition to the |
| 39 | stated fine must be paid in an amount not less than the |
| 40 | following and shall be deposited by the clerk into the fine and |
| 41 | forfeiture fund established pursuant to s. 142.01: |
| 42 |
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| 43 | For pedestrian infractions $ 3. |
| 44 | For nonmoving traffic infractions $16. |
| 45 | For moving traffic infractions $30. |
| 46 |
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| 47 | (b) In addition to the court costs cost required under |
| 48 | paragraph (a), the court shall impose an additional cost for |
| 49 | each infraction as follows: |
| 50 | 1. A $3 court cost must be paid for each infraction to be |
| 51 | distributed as provided in s. 938.01. and |
| 52 | 2. A $2 court cost to be distributed as provided in s. |
| 53 | 938.15 when assessed by a municipality or county. |
| 54 | 3. A $3 court cost to fund the county civil traffic |
| 55 | infraction magistrate programs. These funds shall be managed by |
| 56 | the state, and each county's funds shall be earmarked |
| 57 | exclusively for the operation of the civil traffic infraction |
| 58 | magistrate programs. |
| 59 |
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| 60 | Court costs imposed under this subsection may not exceed $35. A |
| 61 | criminal justice selection center or other local criminal |
| 62 | justice access and assessment center may be funded from |
| 63 | nondesignated court costs collected under this section. |
| 64 | Section 3. Subsection (13) is added to section 318.21, |
| 65 | Florida Statutes, to read: |
| 66 | 318.21 Disposition of civil penalties by county |
| 67 | courts.--All civil penalties received by a county court pursuant |
| 68 | to the provisions of this chapter shall be distributed and paid |
| 69 | monthly as follows: |
| 70 | (13) The court costs from traffic violations provided for |
| 71 | under s. 318.18(11) shall be collected and distributed by the |
| 72 | clerk of the court as provided in that subsection. |
| 73 | Section 4. Section 318.37, Florida Statutes, is amended to |
| 74 | read: |
| 75 | 318.37 Funding.--In any county electing to establish a |
| 76 | civil traffic infraction magistrate hearing officer program |
| 77 | under ss. 318.30-318.38, the court shall develop a plan for its |
| 78 | implementation and shall submit the plan to the Office of the |
| 79 | State Courts Administrator. Funds for the program are to be used |
| 80 | for traffic magistrate hearing officer salaries, which may not |
| 81 | exceed $50 per hour, and other necessary expenses such as |
| 82 | traffic magistrate hearing officer training, office rental, |
| 83 | furniture, and administrative staff salaries. Any county |
| 84 | electing to establish and participate in civil traffic |
| 85 | infraction magistrate programs approved by the Supreme Court |
| 86 | shall be funded in accordance with s. 318.18(11)(b) such a |
| 87 | program shall provide the funds necessary to operate the |
| 88 | program. |
| 89 | Section 5. Funding for traffic court programs; traffic |
| 90 | magistrates designated.--Any county electing to participate in |
| 91 | civil traffic infraction magistrate programs approved by the |
| 92 | Supreme Court shall be funded in accordance with s. |
| 93 | 318.18(11)(b). Traffic hearing officers shall be referred to as |
| 94 | traffic magistrates. |
| 95 | Section 6. Section 318.30, Florida Statutes, is amended to |
| 96 | read: |
| 97 | 318.30 Legislative intent.--It is the intent of the |
| 98 | Legislature that civil traffic infraction magistrates hearing |
| 99 | officers be appointed and used in those counties where the need |
| 100 | arises for their services. Any civil traffic infraction |
| 101 | magistrate hearing officer program established in a county under |
| 102 | ss. 318.30-318.38 shall be subject to the supervision of the |
| 103 | Supreme Court. |
| 104 | Section 7. Section 318.31, Florida Statutes, is amended to |
| 105 | read: |
| 106 | 318.31 Objectives.--The Supreme Court is hereby requested |
| 107 | to adopt rules and procedures for the establishment and |
| 108 | operation of civil traffic infraction magistrate hearing officer |
| 109 | programs under ss. 318.30-318.38. However, the appointment of a |
| 110 | traffic magistrate hearing officer shall be at the option of the |
| 111 | county electing to establish such a program, upon recommendation |
| 112 | by the county court judge or judges, as the case may be, and the |
| 113 | Chief Judge of the Circuit and approval by the Chief Justice of |
| 114 | the Supreme Court. |
| 115 | Section 8. Subsections (1) and (2) of section 318.32, |
| 116 | Florida Statutes, are amended to read: |
| 117 | 318.32 Jurisdiction; limitations.-- |
| 118 | (1) Traffic magistrates Hearing officers shall be |
| 119 | empowered to accept pleas from and decide the guilt or innocence |
| 120 | of any person, adult or juvenile, charged with any civil traffic |
| 121 | infraction and shall be empowered to adjudicate or withhold |
| 122 | adjudication of guilt in the same manner as a county court judge |
| 123 | under the statutes, rules, and procedures presently existing or |
| 124 | as subsequently amended, except that traffic magistrates hearing |
| 125 | officers shall not: |
| 126 | (a) Have the power to hold a defendant in contempt of |
| 127 | court, but shall be permitted to file a motion for order of |
| 128 | contempt with the appropriate state trial court judge; |
| 129 | (b) Hear a case involving a crash resulting in injury or |
| 130 | death; or |
| 131 | (c) Hear a criminal traffic offense case or a case |
| 132 | involving a civil traffic infraction issued in conjunction with |
| 133 | a criminal traffic offense. |
| 134 | (2) This section does not prohibit a county court judge |
| 135 | from exercising concurrent jurisdiction with a civil traffic |
| 136 | magistrate hearing officer. |
| 137 | Section 9. Section 318.325, Florida Statutes, as amended |
| 138 | by chapter 2003-402, Laws of Florida, is amended to read: |
| 139 | 318.325 Jurisdiction and procedure for parking |
| 140 | infractions.--Any county or municipality may adopt an ordinance |
| 141 | that allows the county or municipality to refer cases involving |
| 142 | the violation of a county or municipal parking ordinance to a |
| 143 | traffic magistrate hearing officer funded by the county or |
| 144 | municipality. Notwithstanding the provisions of ss. 318.14 and |
| 145 | 775.08(3), any parking violation shall be deemed to be an |
| 146 | infraction as defined in s. 318.13(3). However, the violation |
| 147 | must be enforced and disposed of in accordance with the |
| 148 | provisions of general law applicable to parking violations and |
| 149 | with the charter or code of the county or municipality where the |
| 150 | violation occurred. The clerk of the court or the designated |
| 151 | traffic violations bureau must collect and distribute the fines, |
| 152 | forfeitures, and court costs assessed under this section. |
| 153 | Notwithstanding the provisions of s. 318.21, fines and |
| 154 | forfeitures received from parking violations committed within |
| 155 | the unincorporated areas of the county or within the boundaries |
| 156 | of the municipality must be collected and paid monthly to the |
| 157 | county or municipality, respectively. Court costs assessed by |
| 158 | the traffic magistrate hearing officer must be paid to the |
| 159 | county. |
| 160 | Section 10. Section 318.33, Florida Statutes, is amended |
| 161 | to read: |
| 162 | 318.33 Appeals.--Decisions of the traffic magistrate |
| 163 | hearing officer are appealable, under the rules of court, to the |
| 164 | circuit court. Appeals shall be based upon the record of the |
| 165 | hearing before the traffic magistrate hearing officer and shall |
| 166 | not be hearings de novo. Appellants are responsible for |
| 167 | producing the record of the hearing beyond that which normally |
| 168 | results from the civil traffic infraction hearing process. |
| 169 | Section 11. Section 318.34, Florida Statutes, is amended |
| 170 | to read: |
| 171 | 318.34 Qualifications.--Applicants for the position of |
| 172 | traffic magistrate hearing officer of the civil traffic court |
| 173 | shall be members in good standing of The Florida Bar and shall |
| 174 | have completed a 40-hour education and training program which |
| 175 | has been approved by the Florida Supreme Court. Thereafter, |
| 176 | traffic magistrates hearing officers shall complete an approved |
| 177 | 4-hour continuing education program annually. |
| 178 | Section 12. Section 318.35, Florida Statutes, is amended |
| 179 | to read: |
| 180 | 318.35 Term of office.--Traffic magistrates Hearing |
| 181 | officers shall be independent contractors and may serve either |
| 182 | full time or part time as determined by the chief judge. In |
| 183 | either case, they shall serve at the pleasure of the chief judge |
| 184 | of the county and circuit in which they are to hear cases and |
| 185 | shall have no definite term of office. |
| 186 | Section 13. Section 318.36, Florida Statutes, is amended |
| 187 | to read: |
| 188 | 318.36 Code of ethics.--Traffic magistrates Hearing |
| 189 | officers shall be subject to The Florida Bar Code of |
| 190 | Professional Responsibility and not the Judicial Code of Ethics, |
| 191 | except that they shall avoid practices or occupations that would |
| 192 | constitute a conflict of interest or give the appearance of |
| 193 | impropriety. Whether serving full time or part time, traffic |
| 194 | magistrates hearing officers shall be prohibited from |
| 195 | representing clients or practicing before any other traffic |
| 196 | magistrate hearing officer of a civil traffic court or from |
| 197 | representing any client appealing the decision of any other |
| 198 | traffic magistrate hearing officer. A civil traffic infraction |
| 199 | magistrate infractions hearing officer appointed under s. 318.30 |
| 200 | shall have judicial immunity in the same manner and to the same |
| 201 | extent as judges. |
| 202 | Section 14. Section 318.38, Florida Statutes, is amended |
| 203 | to read: |
| 204 | 318.38 Nonseverability.--If the provisions of s. 318.32 |
| 205 | authorizing traffic magistrates hearing officers to impose the |
| 206 | same sanctions as county court judges for civil traffic |
| 207 | infractions are found to be unconstitutional by the Florida |
| 208 | Supreme Court, then the traffic magistrates hearing officers |
| 209 | shall have no further jurisdiction over any civil traffic |
| 210 | infractions. |
| 211 | Section 15. This act shall take effect January 1, 2005. |