HB 0065CS

CHAMBER ACTION




1The Committee on Transportation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to highway safety; amending s. 316.075,
7F.S.; requiring hearing for specified violations of
8traffic control signal devices resulting in a crash;
9amending s. 318.14, F.S.; providing penalties for certain
10traffic infractions requiring a mandatory hearing;
11providing for distribution of moneys collected; requiring
12audit of certain funds; amending s. 318.18, F.S.;
13providing penalty for specified violation of traffic
14control signal devices; providing for distribution of
15moneys collected; amending s. 318.19, F.S.; requiring
16hearing for certain violations resulting in a crash;
17amending s. 318.21, F.S.; providing for distribution of
18specified civil penalties by county courts; amending s.
19322.0261, F.S.; requiring driver improvement course for a
20second violation of specified provisions within a
21specified time period; providing penalty for failure to
22complete said course within a specified time period;
23amending s. 322.27, F.S.; assigning point value for
24conviction of specified violation of traffic control
25signal device; creating s. 395.4036, F.S.; providing for
26distribution of funds to trauma centers; providing for
27distribution of funds for nursing student loan forgiveness
28and scholarship programs; providing for audits and
29attestations; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsection (4) of section 316.075, Florida
34Statutes, is amended to read:
35     316.075  Traffic control signal devices.--
36     (1)  Except for automatic warning signal lights installed
37or to be installed at railroad crossings, whenever traffic,
38including municipal traffic, is controlled by traffic control
39signals exhibiting different colored lights, or colored lighted
40arrows, successively one at a time or in combination, only the
41colors green, red, and yellow shall be used, except for special
42pedestrian signals carrying a word legend, and the lights shall
43indicate and apply to drivers of vehicles and pedestrians as
44follows:
45     (a)  Green indication.--
46     1.  Vehicular traffic facing a circular green signal may
47proceed cautiously straight through or turn right or left unless
48a sign at such place prohibits either such turn. But vehicular
49traffic, including vehicles turning right or left, shall yield
50the right-of-way to other vehicles and to pedestrians lawfully
51within the intersection or an adjacent crosswalk at the time
52such signal is exhibited.
53     2.  Vehicular traffic facing a green arrow signal, shown
54alone or in combination with another indication, as directed by
55the manual, may cautiously enter the intersection only to make
56the movement indicated by such arrow, or such other movement as
57is permitted by other indications shown at the same time, except
58the driver of any vehicle may U-turn, so as to proceed in the
59opposite direction unless such movement is prohibited by posted
60traffic control signs. Such vehicular traffic shall yield the
61right-of-way to pedestrians lawfully within an adjacent
62crosswalk and to other traffic lawfully using the intersection.
63     3.  Unless otherwise directed by a pedestrian control
64signal as provided in s. 316.0755, pedestrians facing any green
65signal, except when the sole green signal is a turn arrow, may
66proceed across the roadway within any marked or unmarked
67crosswalk.
68     (b)  Steady yellow indication.--
69     1.  Vehicular traffic facing a steady yellow signal is
70thereby warned that the related green movement is being
71terminated or that a red indication will be exhibited
72immediately thereafter when vehicular traffic shall not enter
73the intersection.
74     2.  Pedestrians facing a steady yellow signal, unless
75otherwise directed by a pedestrian control signal as provided in
76s. 316.0755, are thereby advised that there is insufficient time
77to cross the roadway before a red indication is shown and no
78pedestrian shall start to cross the roadway.
79     (c)  Steady red indication.--
80     1.  Vehicular traffic facing a steady red signal shall stop
81before entering the crosswalk on the near side of the
82intersection or, if none, then before entering the intersection
83and shall remain standing until a green indication is shown;
84however:
85     a.  The driver of a vehicle which is stopped at a clearly
86marked stop line, but if none, before entering the crosswalk on
87the near side of the intersection, or, if none then at the point
88nearest the intersecting roadway where the driver has a view of
89approaching traffic on the intersecting roadway before entering
90the intersection in obedience to a steady red signal may make a
91right turn, but shall yield the right-of-way to pedestrians and
92other traffic proceeding as directed by the signal at the
93intersection, except that municipal and county authorities may
94prohibit any such right turn against a steady red signal at any
95intersection, which prohibition shall be effective when a sign
96giving notice thereof is erected in a location visible to
97traffic approaching the intersection.
98     b.  The driver of a vehicle on a one-way street that
99intersects another one-way street on which traffic moves to the
100left shall stop in obedience to a steady red signal, but may
101then make a left turn into the one-way street, but shall yield
102the right-of-way to pedestrians and other traffic proceeding as
103directed by the signal at the intersection, except that
104municipal and county authorities may prohibit any such left turn
105as described, which prohibition shall be effective when a sign
106giving notice thereof is attached to the traffic control signal
107device at the intersection.
108     2.  Unless otherwise directed by a pedestrian control
109signal as provided in s. 316.0755, pedestrians facing a steady
110red signal shall not enter the roadway.
111     (4)(a)  A violation of this section is a noncriminal
112traffic infraction, punishable pursuant to chapter 318 as either
113a pedestrian violation or, if the infraction resulted from the
114operation of a vehicle, as a moving violation.
115     (b)  A person committing a violation of subparagraph
116(1)(c)1. resulting in a crash is subject to a mandatory hearing
117under the provisions of s. 318.19.
118     Section 2.  Subsection (5) of section 318.14, Florida
119Statutes, is amended to read:
120     318.14  Noncriminal traffic infractions; exception;
121procedures.--
122     (5)  Any person electing to appear before the designated
123official or who is required so to appear shall be deemed to have
124waived his or her right to the civil penalty provisions of s.
125318.18. The official, after a hearing, shall make a
126determination as to whether an infraction has been committed. If
127the commission of an infraction has been proven, the official
128may impose a civil penalty not to exceed $500, except that in
129cases involving unlawful speed in a school zone or, involving
130unlawful speed in a construction zone, or involving a death, the
131civil penalty may not exceed $1,000; or require attendance at a
132driver improvement school, or both. If the person is required to
133appear before the designated official pursuant to s. 318.19(1)
134and is found to have committed the infraction, the designated
135official shall impose a civil penalty of $1,000 in addition to
136any other penalties and the person?s driver license shall be
137suspended for 6 months. If the person is required to appear
138before the designated official pursuant to s. 318.19(2) and is
139found to have committed the infraction, the designated official
140shall impose a civil penalty of $500 in addition to any other
141penalties and the person?s driver license shall be suspended for
1423 months. If the person is required to appear before the
143designated official pursuant to s. 318.19(3) and is found to
144have committed the infraction, the designated official shall
145impose a civil penalty of $200 in addition to any other
146penalties and the person?s driver license shall be suspended for
14730 days. If the official determines that no infraction has been
148committed, no costs or penalties shall be imposed and any costs
149or penalties that have been paid shall be returned. Moneys
150received from the mandatory civil penalties imposed pursuant to
151this subsection upon persons required to appear before a
152designated official pursuant to s. 318.19(1), (2), or (3) shall
153be remitted to the Department of Revenue and distributed in the
154following manner:
155     (a)  One million dollars annually shall be transferred to
156ABATE of Florida, Inc., a 501(c)(4) corporation, for the purpose
157of fostering motorcycle safety awareness, education, and
158research programs relating to accident prevention. Such funds
159shall be subject to annual audit by the department and the
160Auditor General.
161     (b)  The remaining funds shall be deposited into the Trauma
162Services Trust Fund created under s. 395.4035 to be used by the
163Department of Health as required under s. 395.4036.
164     Section 3.  Subsection (13) is added to section 318.18,
165Florida Statutes, to read:
166     318.18  Amount of civil penalties.--The penalties required
167for a noncriminal disposition pursuant to s. 318.14 are as
168follows:
169     (13)  One hundred twenty-five dollars for a violation of s.
170316.075(1)(c)1., of which $60 shall be distributed as provided
171in s. 318.21 and the remaining $65 shall be remitted to the
172Department of Revenue for deposit into the Trauma Services Trust
173Fund created under s. 395.4035 to be used by the Department of
174Health as required under s. 395.4036.
175     Section 4.  Section 318.19, Florida Statutes, is amended to
176read:
177     318.19  Infractions requiring a mandatory hearing.--Any
178person cited for the infractions listed in this section shall
179not have the provisions of s. 318.14(2), (4), and (9) available
180to him or her but must appear before the designated official at
181the time and location of the scheduled hearing:
182     (1)  Any infraction which results in a crash that causes
183the death of another;
184     (2)  Any infraction which results in a crash that causes
185"serious bodily injury" of another as defined in s. 316.1933(1);
186     (3)  Any infraction which results in a crash that causes
187any bodily injury other than "serious bodily injury" defined in
188s. 316.1933(1);
189     (4)(3)  Any infraction of s. 316.172(1)(b); or
190     (5)(4)  Any infraction of s. 316.520(1) or (2); or
191     (6)  Any infraction of s. 316.075(1)(c)1. resulting in a
192crash.
193     Section 5.  Subsection (13) is added to section 318.21,
194Florida Statutes, to read:
195     318.21  Disposition of civil penalties by county
196courts.--All civil penalties received by a county court pursuant
197to the provisions of this chapter shall be distributed and paid
198monthly as follows:
199     (13)(a)  Notwithstanding subsections (1) and (2), the
200proceeds from the mandatory civil penalties imposed pursuant to
201s. 318.14(5) shall be distributed as provided in that section.
202     (b)  Notwithstanding subsections (1) and (2), the proceeds
203from the fine under s. 318.18(13) shall be distributed as
204provided in that section.
205     Section 6.  Section 322.0261, Florida Statutes, is amended
206to read:
207     322.0261  Mandatory Driver improvement course; requirement
208to maintain driving privileges; failure to complete; department
209approval of course certain crashes.--
210     (1)  The department shall screen crash reports received
211under s. 316.066 or s. 324.051 to identify crashes involving the
212following:
213     (a)  A crash involving death or a bodily injury requiring
214transport to a medical facility; or
215     (b)  A second crash by the same operator within the
216previous 2-year period involving property damage in an apparent
217amount of at least $500.
218     (2)  With respect to an operator convicted of, or who
219pleaded nolo contendere to, a traffic offense giving rise to a
220crash identified pursuant to subsection (1), the department
221shall require that the operator, in addition to other applicable
222penalties, attend a department-approved departmentally approved
223driver improvement course in order to maintain driving
224privileges. If the operator fails to complete the course within
22590 days of receiving notice from the department, the operator's
226driver's license shall be canceled by the department until the
227course is successfully completed.
228     (3)  The department shall identify any operator convicted
229of, or who pleaded nolo contendere to, a second violation of s.
230316.075(1)(c)1., which violation occurred within 12 months after
231the first violation, and shall require that operator, in
232addition to other applicable penalties, to attend a department-
233approved driver improvement course in order to maintain driving
234privileges. If the operator fails to complete the course within
23590 days after receiving notice from the department, the
236operator?s driver license shall be canceled by the department
237until the course is successfully completed.
238     (4)(3)  In determining whether to approve a driver
239improvement course for the purposes of this section, the
240department shall consider course content designed to promote
241safety, driver awareness, crash avoidance techniques, and other
242factors or criteria to improve driver performance from a safety
243viewpoint.
244     Section 7.  Paragraph (d) of subsection (3) of section
245322.27, Florida Statutes, is amended to read:
246     322.27  Authority of department to suspend or revoke
247license.--
248     (3)  There is established a point system for evaluation of
249convictions of violations of motor vehicle laws or ordinances,
250and violations of applicable provisions of s. 403.413(6)(b) when
251such violations involve the use of motor vehicles, for the
252determination of the continuing qualification of any person to
253operate a motor vehicle. The department is authorized to suspend
254the license of any person upon showing of its records or other
255good and sufficient evidence that the licensee has been
256convicted of violation of motor vehicle laws or ordinances, or
257applicable provisions of s. 403.413(6)(b), amounting to 12 or
258more points as determined by the point system. The suspension
259shall be for a period of not more than 1 year.
260     (d)  The point system shall have as its basic element a
261graduated scale of points assigning relative values to
262convictions of the following violations:
263     1.  Reckless driving, willful and wanton--4 points.
264     2.  Leaving the scene of a crash resulting in property
265damage of more than $50--6 points.
266     3.  Unlawful speed resulting in a crash--6 points.
267     4.  Passing a stopped school bus--4 points.
268     5.  Unlawful speed:
269     a.  Not in excess of 15 miles per hour of lawful or posted
270speed--3 points.
271     b.  In excess of 15 miles per hour of lawful or posted
272speed--4 points.
273     6.  A violation of a traffic control signal device as
274provided in s. 316.075(1)(c)1.--4 points.
275     7.6.  All other moving violations (including parking on a
276highway outside the limits of a municipality)--3 points.
277However, no points shall be imposed for a violation of s.
278316.0741 or s. 316.2065(12).
279     8.7.  Any moving violation covered above, excluding
280unlawful speed, resulting in a crash--4 points.
281     9.8.  Any conviction under s. 403.413(5)(b)--3 points.
282     Section 8.  Section 395.4036, Florida Statutes, is created
283to read:
284     395.4036  Trauma preparedness payments.--
285     (1)  Recognizing the Legislature's stated intent to provide
286financial support to the current verified trauma centers and to
287provide incentives for the establishment of additional trauma
288centers as part of a system of state-sponsored trauma centers,
289the department shall utilize funds collected under ss.
290318.18(13) and 318.14(5) and deposited into the Trauma Services
291Trust Fund to ensure the availability and accessibility of
292trauma services throughout the state as provided in this
293subsection.
294     (a)  Each existing trauma center and each new trauma center
295shall receive a one-time fixed payment to offset startup costs.
296     (b)  Equal payments shall be made to all current verified
297trauma centers for the purpose of providing financial support
298for each center to meet minimum standards of trauma
299preparedness.
300     (c)  Funds not disbursed as trauma preparedness payments or
301startup costs shall be allocated to trauma centers to pay for
302uncompensated trauma care. Distribution of available funds shall
303be proportionate to utilization of trauma center services by
304unfunded patients, as indicated in the most recent year for
305which data is available.
306     (d)  Any funds remaining after distribution under
307paragraphs (a)-(c) shall be deposited into the Nursing Student
308Loan Forgiveness Trust Fund to be used equally for the
309department's Nursing Student Loan Forgiveness Program under s.
3101009.66 and the nursing scholarship program under s. 1009.67.
311     (2)  Each trauma center receiving funds under this section
312is responsible for ensuring that the funds are used in
313accordance with law and for maintaining all associated financial
314records of the use of such funds.
315     (a)  Any trauma center not subject to audit pursuant to s.
316215.97 shall annually attest, under penalties of perjury, that
317such proceeds were used in compliance with law. The attestation
318shall be made annually in a form and format determined by the
319department.
320     (b)  Any trauma center subject to audit pursuant to s.
321215.97 shall submit an audit report in accordance with rules
322adopted by the Auditor General. The annual attestation shall be
323submitted to the department for review within 9 months after the
324end of the organization's fiscal year.
325     (3)  The department, working with the Agency for Health
326Care Administration, shall maximize resources for trauma
327services wherever possible.
328     Section 9.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.