HB 0065 2004
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 of traffic control signal devices; providing for
9	distribution of moneys collected; amending s. 318.19,
10	F.S.; requiring hearing for certain violations resulting
11	in a crash; amending s. 318.21, F.S.; providing for
12	distribution of specified civil penalties by county
13	courts; amending s. 322.0261, F.S.; requiring driver
14	improvement course for a second violation of specified
15	provisions within a specified time period; providing
16	penalty for failure to complete said course within a
17	specified time period; amending s. 322.27, F.S.; assigning
18	point value for conviction of specified violation of
19	traffic control signal device; 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	(1) Except for automatic warning signal lights installed
28	or to be installed at railroad crossings, whenever traffic,
29	including municipal traffic, is controlled by traffic control
30	signals exhibiting different colored lights, or colored lighted
31	arrows, successively one at a time or in combination, only the
32	colors green, red, and yellow shall be used, except for special
33	pedestrian signals carrying a word legend, and the lights shall
34	indicate and apply to drivers of vehicles and pedestrians as
35	follows:
36	(a) Green indication.--
37	1. Vehicular traffic facing a circular green signal may
38	proceed cautiously straight through or turn right or left unless
39	a sign at such place prohibits either such turn. But vehicular
40	traffic, including vehicles turning right or left, shall yield
41	the right-of-way to other vehicles and to pedestrians lawfully
42	within the intersection or an adjacent crosswalk at the time
43	such signal is exhibited.
44	2. Vehicular traffic facing a green arrow signal, shown
45	alone or in combination with another indication, as directed by
46	the manual, may cautiously enter the intersection only to make
47	the movement indicated by such arrow, or such other movement as
48	is permitted by other indications shown at the same time, except
49	the driver of any vehicle may U-turn, so as to proceed in the
50	opposite direction unless such movement is prohibited by posted
51	traffic control signs. Such vehicular traffic shall yield the
52	right-of-way to pedestrians lawfully within an adjacent
53	crosswalk and to other traffic lawfully using the intersection.
54	3. Unless otherwise directed by a pedestrian control
55	signal as provided in s. 316.0755, pedestrians facing any green
56	signal, except when the sole green signal is a turn arrow, may
57	proceed across the roadway within any marked or unmarked
58	crosswalk.
59	(b) Steady yellow indication.--
60	1. Vehicular traffic facing a steady yellow signal is
61	thereby warned that the related green movement is being
62	terminated or that a red indication will be exhibited
63	immediately thereafter when vehicular traffic shall not enter
64	the intersection.
65	2. Pedestrians facing a steady yellow signal, unless
66	otherwise directed by a pedestrian control signal as provided in
67	s. 316.0755, are thereby advised that there is insufficient time
68	to cross the roadway before a red indication is shown and no
69	pedestrian shall start to cross the roadway.
70	(c) Steady red indication.--
71	1. Vehicular traffic facing a steady red signal shall stop
72	before entering the crosswalk on the near side of the
73	intersection or, if none, then before entering the intersection
74	and shall remain standing until a green indication is shown;
75	however:
76	a. The driver of a vehicle which is stopped at a clearly
77	marked stop line, but if none, before entering the crosswalk on
78	the near side of the intersection, or, if none then at the point
79	nearest the intersecting roadway where the driver has a view of
80	approaching traffic on the intersecting roadway before entering
81	the intersection in obedience to a steady red signal may make a
82	right turn, but shall yield the right-of-way to pedestrians and
83	other traffic proceeding as directed by the signal at the
84	intersection, except that municipal and county authorities may
85	prohibit any such right turn against a steady red signal at any
86	intersection, which prohibition shall be effective when a sign
87	giving notice thereof is erected in a location visible to
88	traffic approaching the intersection.
89	b. The driver of a vehicle on a one-way street that
90	intersects another one-way street on which traffic moves to the
91	left shall stop in obedience to a steady red signal, but may
92	then make a left turn into the one-way street, but shall yield
93	the right-of-way to pedestrians and other traffic proceeding as
94	directed by the signal at the intersection, except that
95	municipal and county authorities may prohibit any such left turn
96	as described, which prohibition shall be effective when a sign
97	giving notice thereof is attached to the traffic control signal
98	device at the intersection.
99	2. Unless otherwise directed by a pedestrian control
100	signal as provided in s. 316.0755, pedestrians facing a steady
101	red signal shall not enter the roadway.
102	(4)(a)A violation of this section is a noncriminal
103	traffic infraction, punishable pursuant to chapter 318 as either
104	a pedestrian violation or, if the infraction resulted from the
105	operation of a vehicle, as a moving violation.
106	(b) A person committing a violation of subparagraph
107	(1)(c)1. resulting in a crash is subject to a mandatory hearing
108	under the provisions of s. 318.19.
109	Section 2. Subsection (5) of section 318.14, Florida
110	Statutes, is amended to read:
111	318.14 Noncriminal traffic infractions; exception;
112	procedures.--
113	(5) Any person electing to appear before the designated
114	official or who is required so to appear shall be deemed to have
115	waived his or her right to the civil penalty provisions of s.
116	318.18. The official, after a hearing, shall make a
117	determination as to whether an infraction has been committed. If
118	the commission of an infraction has been proven, the official
119	may impose a civil penalty not to exceed $500, except that in
120	cases involving unlawful speed in a school zone or,involving
121	unlawful speed in a construction zone, or involving a death,the
122	civil penalty may not exceed $1,000; or require attendance at a
123	driver improvement school, or both. If the person is required to
124	appear before the designated official pursuant to s. 318.19(1)
125	and is found to have committed the infraction, the designated
126	official shall impose a civil penalty of $1,000 in addition to
127	any other penalties and the person’s driver license shall be
128	suspended for 6 months. If the person is required to appear
129	before the designated official pursuant to s. 318.19(2) and is
130	found to have committed the infraction, the designated official
131	shall impose a civil penalty of $500 in addition to any other
132	penalties and the person’s driver license shall be suspended for
133	3 months. If the person is required to appear before the
134	designated official pursuant to s. 318.19(3) and is found to
135	have committed the infraction, the designated official shall
136	impose a civil penalty of $200 in addition to any other
137	penalties and the person’s driver license shall be suspended for
138	30 days.If the official determines that no infraction has been
139	committed, no costs or penalties shall be imposed and any costs
140	or penalties that have been paid shall be returned. Moneys
141	received from the mandatory civil penalties imposed pursuant to
142	this subsection upon persons required to appear before a
143	designated official pursuant to s. 318.19(1), (2), or (3) shall
144	be remitted to the Department of Revenue for deposit into the
145	General Revenue Fund.
146	Section 3. Subsection (13) is added to section 318.18,
147	Florida Statutes, to read:
148	318.18 Amount of civil penalties.--The penalties required
149	for a noncriminal disposition pursuant to s. 318.14 are as
150	follows:
151	(13) One hundred twenty-five dollars for a violation of s.
152	316.075(1)(c)1., which shall be remitted to the Department of
153	Revenue for deposit into the General Revenue Fund.
154	Section 4. Section 318.19, Florida Statutes, is amended to
155	read:
156	318.19 Infractions requiring a mandatory hearing.--Any
157	person cited for the infractions listed in this section shall
158	not have the provisions of s. 318.14(2), (4), and (9) available
159	to him or her but must appear before the designated official at
160	the time and location of the scheduled hearing:
161	(1) Any infraction which results in a crash that causes
162	the death of another;
163	(2) Any infraction which results in a crash that causes
164	"serious bodily injury" of another as defined in s. 316.1933(1);
165	(3) Any infraction which results in a crash that causes
166	any bodily injury other than "serious bodily injury" defined in
167	s. 316.1933(1);
168	(4)(3) Any infraction of s. 316.172(1)(b); or
169	(5)(4) Any infraction of s. 316.520(1) or (2); or
170	(6) Any infraction of s. 316.075(1)(c)1. resulting in a
171	crash.
172	Section 5. Subsection (13) is added to section 318.21,
173	Florida Statutes, to read:
174	318.21 Disposition of civil penalties by county
175	courts.--All civil penalties received by a county court pursuant
176	to the provisions of this chapter shall be distributed and paid
177	monthly as follows:
178	(13)(a) All moneys received from the mandatory civil
179	penalties imposed pursuant to s. 318.14(5) upon persons required
180	to appear before a designated official pursuant to s. 318.19(1),
181	(2), or (3) shall be remitted to the Department of Revenue for
182	deposit into the General Revenue Fund.
183	(b) All moneys received from the civil penalties imposed
184	pursuant to s. 318.18(13) shall be remitted to the Department of
185	Revenue for deposit into the General Revenue Fund.
186	Section 6. Section 322.0261, Florida Statutes, is amended
187	to read:
188	322.0261 Mandatory Driver improvement course; requirement
189	to maintain driving privileges; failure to complete; department
190	approval of course certain crashes.--
191	(1) The department shall screen crash reports received
192	under s. 316.066 or s. 324.051 to identify crashes involving the
193	following:
194	(a) A crash involving death or a bodily injury requiring
195	transport to a medical facility; or
196	(b) A second crash by the same operator within the
197	previous 2-year period involving property damage in an apparent
198	amount of at least $500.
199	(2) With respect to an operator convicted of, or who
200	pleaded nolo contendere to, a traffic offense giving rise to a
201	crash identified pursuant to subsection (1), the department
202	shall require that the operator, in addition to other applicable
203	penalties, attend a department-approved departmentally approved
204	driver improvement course in order to maintain driving
205	privileges. If the operator fails to complete the course within
206	90 days of receiving notice from the department, the operator's
207	driver's license shall be canceled by the department until the
208	course is successfully completed.
209	(3) The department shall identify any operator convicted
210	of, or who pleaded nolo contendere to, a second violation of s.
211	316.075(1)(c)1., which violation occurred within 12 months after
212	the first violation, and shall require that operator, in
213	addition to other applicable penalties, to attend a department-
214	approved driver improvement course in order to maintain driving
215	privileges. If the operator fails to complete the course within
216	90 days after receiving notice from the department, the
217	operator’s driver license shall be canceled by the department
218	until the course is successfully completed.
219	(4)(3)In determining whether to approve a driver
220	improvement course for the purposes of this section, the
221	department shall consider course content designed to promote
222	safety, driver awareness, crash avoidance techniques, and other
223	factors or criteria to improve driver performance from a safety
224	viewpoint.
225	Section 7. Paragraph (d) of subsection (3) of section
226	322.27, Florida Statutes, is amended to read:
227	322.27 Authority of department to suspend or revoke
228	license.--
229	(3) There is established a point system for evaluation of
230	convictions of violations of motor vehicle laws or ordinances,
231	and violations of applicable provisions of s. 403.413(6)(b) when
232	such violations involve the use of motor vehicles, for the
233	determination of the continuing qualification of any person to
234	operate a motor vehicle. The department is authorized to suspend
235	the license of any person upon showing of its records or other
236	good and sufficient evidence that the licensee has been
237	convicted of violation of motor vehicle laws or ordinances, or
238	applicable provisions of s. 403.413(6)(b), amounting to 12 or
239	more points as determined by the point system. The suspension
240	shall be for a period of not more than 1 year.
241	(d) The point system shall have as its basic element a
242	graduated scale of points assigning relative values to
243	convictions of the following violations:
244	1. Reckless driving, willful and wanton--4 points.
245	2. Leaving the scene of a crash resulting in property
246	damage of more than $50--6 points.
247	3. Unlawful speed resulting in a crash--6 points.
248	4. Passing a stopped school bus--4 points.
249	5. Unlawful speed:
250	a. Not in excess of 15 miles per hour of lawful or posted
251	speed--3 points.
252	b. In excess of 15 miles per hour of lawful or posted
253	speed--4 points.
254	6. A violation of a traffic control signal device as
255	provided in s. 316.075(1)(c)1.--4 points.
256	7.6.All other moving violations (including parking on a
257	highway outside the limits of a municipality)--3 points.
258	However, no points shall be imposed for a violation of s.
259	316.0741 or s. 316.2065(12).
260	8.7.Any moving violation covered above, excluding
261	unlawful speed, resulting in a crash--4 points.
262	9.8.Any conviction under s. 403.413(5)(b)--3 points.
263	Section 8. This act shall take effect upon becoming a law.