| 1 | The Committee on Transportation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to highway safety; amending s. 316.075, |
| 7 | F.S.; requiring hearing for specified violations of |
| 8 | traffic control signal devices resulting in a crash; |
| 9 | amending s. 318.14, F.S.; providing penalties for certain |
| 10 | traffic infractions requiring a mandatory hearing; |
| 11 | providing for distribution of moneys collected; requiring |
| 12 | audit of certain funds; amending s. 318.18, F.S.; |
| 13 | providing penalty for specified violation of traffic |
| 14 | control signal devices; providing for distribution of |
| 15 | moneys collected; amending s. 318.19, F.S.; requiring |
| 16 | hearing for certain violations resulting in a crash; |
| 17 | amending s. 318.21, F.S.; providing for distribution of |
| 18 | specified civil penalties by county courts; amending s. |
| 19 | 322.0261, F.S.; requiring driver improvement course for a |
| 20 | second violation of specified provisions within a |
| 21 | specified time period; providing penalty for failure to |
| 22 | complete said course within a specified time period; |
| 23 | amending s. 322.27, F.S.; assigning point value for |
| 24 | conviction of specified violation of traffic control |
| 25 | signal device; creating s. 395.4036, F.S.; providing for |
| 26 | distribution of funds to trauma centers; providing for |
| 27 | distribution of funds for nursing student loan forgiveness |
| 28 | and scholarship programs; providing for audits and |
| 29 | attestations; providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Subsection (4) of section 316.075, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 316.075 Traffic control signal devices.-- |
| 36 | (1) Except for automatic warning signal lights installed |
| 37 | or to be installed at railroad crossings, whenever traffic, |
| 38 | including municipal traffic, is controlled by traffic control |
| 39 | signals exhibiting different colored lights, or colored lighted |
| 40 | arrows, successively one at a time or in combination, only the |
| 41 | colors green, red, and yellow shall be used, except for special |
| 42 | pedestrian signals carrying a word legend, and the lights shall |
| 43 | indicate and apply to drivers of vehicles and pedestrians as |
| 44 | follows: |
| 45 | (a) Green indication.-- |
| 46 | 1. Vehicular traffic facing a circular green signal may |
| 47 | proceed cautiously straight through or turn right or left unless |
| 48 | a sign at such place prohibits either such turn. But vehicular |
| 49 | traffic, including vehicles turning right or left, shall yield |
| 50 | the right-of-way to other vehicles and to pedestrians lawfully |
| 51 | within the intersection or an adjacent crosswalk at the time |
| 52 | such signal is exhibited. |
| 53 | 2. Vehicular traffic facing a green arrow signal, shown |
| 54 | alone or in combination with another indication, as directed by |
| 55 | the manual, may cautiously enter the intersection only to make |
| 56 | the movement indicated by such arrow, or such other movement as |
| 57 | is permitted by other indications shown at the same time, except |
| 58 | the driver of any vehicle may U-turn, so as to proceed in the |
| 59 | opposite direction unless such movement is prohibited by posted |
| 60 | traffic control signs. Such vehicular traffic shall yield the |
| 61 | right-of-way to pedestrians lawfully within an adjacent |
| 62 | crosswalk and to other traffic lawfully using the intersection. |
| 63 | 3. Unless otherwise directed by a pedestrian control |
| 64 | signal as provided in s. 316.0755, pedestrians facing any green |
| 65 | signal, except when the sole green signal is a turn arrow, may |
| 66 | proceed across the roadway within any marked or unmarked |
| 67 | crosswalk. |
| 68 | (b) Steady yellow indication.-- |
| 69 | 1. Vehicular traffic facing a steady yellow signal is |
| 70 | thereby warned that the related green movement is being |
| 71 | terminated or that a red indication will be exhibited |
| 72 | immediately thereafter when vehicular traffic shall not enter |
| 73 | the intersection. |
| 74 | 2. Pedestrians facing a steady yellow signal, unless |
| 75 | otherwise directed by a pedestrian control signal as provided in |
| 76 | s. 316.0755, are thereby advised that there is insufficient time |
| 77 | to cross the roadway before a red indication is shown and no |
| 78 | pedestrian shall start to cross the roadway. |
| 79 | (c) Steady red indication.-- |
| 80 | 1. Vehicular traffic facing a steady red signal shall stop |
| 81 | before entering the crosswalk on the near side of the |
| 82 | intersection or, if none, then before entering the intersection |
| 83 | and shall remain standing until a green indication is shown; |
| 84 | however: |
| 85 | a. The driver of a vehicle which is stopped at a clearly |
| 86 | marked stop line, but if none, before entering the crosswalk on |
| 87 | the near side of the intersection, or, if none then at the point |
| 88 | nearest the intersecting roadway where the driver has a view of |
| 89 | approaching traffic on the intersecting roadway before entering |
| 90 | the intersection in obedience to a steady red signal may make a |
| 91 | right turn, but shall yield the right-of-way to pedestrians and |
| 92 | other traffic proceeding as directed by the signal at the |
| 93 | intersection, except that municipal and county authorities may |
| 94 | prohibit any such right turn against a steady red signal at any |
| 95 | intersection, which prohibition shall be effective when a sign |
| 96 | giving notice thereof is erected in a location visible to |
| 97 | traffic approaching the intersection. |
| 98 | b. The driver of a vehicle on a one-way street that |
| 99 | intersects another one-way street on which traffic moves to the |
| 100 | left shall stop in obedience to a steady red signal, but may |
| 101 | then make a left turn into the one-way street, but shall yield |
| 102 | the right-of-way to pedestrians and other traffic proceeding as |
| 103 | directed by the signal at the intersection, except that |
| 104 | municipal and county authorities may prohibit any such left turn |
| 105 | as described, which prohibition shall be effective when a sign |
| 106 | giving notice thereof is attached to the traffic control signal |
| 107 | device at the intersection. |
| 108 | 2. Unless otherwise directed by a pedestrian control |
| 109 | signal as provided in s. 316.0755, pedestrians facing a steady |
| 110 | red signal shall not enter the roadway. |
| 111 | (4)(a) A violation of this section is a noncriminal |
| 112 | traffic infraction, punishable pursuant to chapter 318 as either |
| 113 | a pedestrian violation or, if the infraction resulted from the |
| 114 | operation 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 |
| 117 | under the provisions of s. 318.19. |
| 118 | Section 2. Subsection (5) of section 318.14, Florida |
| 119 | Statutes, is amended to read: |
| 120 | 318.14 Noncriminal traffic infractions; exception; |
| 121 | procedures.-- |
| 122 | (5) Any person electing to appear before the designated |
| 123 | official or who is required so to appear shall be deemed to have |
| 124 | waived his or her right to the civil penalty provisions of s. |
| 125 | 318.18. The official, after a hearing, shall make a |
| 126 | determination as to whether an infraction has been committed. If |
| 127 | the commission of an infraction has been proven, the official |
| 128 | may impose a civil penalty not to exceed $500, except that in |
| 129 | cases involving unlawful speed in a school zone or, involving |
| 130 | unlawful speed in a construction zone, or involving a death, the |
| 131 | civil penalty may not exceed $1,000; or require attendance at a |
| 132 | driver improvement school, or both. If the person is required to |
| 133 | appear before the designated official pursuant to s. 318.19(1) |
| 134 | and is found to have committed the infraction, the designated |
| 135 | official shall impose a civil penalty of $1,000 in addition to |
| 136 | any other penalties and the person?s driver license shall be |
| 137 | suspended for 6 months. If the person is required to appear |
| 138 | before the designated official pursuant to s. 318.19(2) and is |
| 139 | found to have committed the infraction, the designated official |
| 140 | shall impose a civil penalty of $500 in addition to any other |
| 141 | penalties and the person?s driver license shall be suspended for |
| 142 | 3 months. If the person is required to appear before the |
| 143 | designated official pursuant to s. 318.19(3) and is found to |
| 144 | have committed the infraction, the designated official shall |
| 145 | impose a civil penalty of $200 in addition to any other |
| 146 | penalties and the person?s driver license shall be suspended for |
| 147 | 30 days. If the official determines that no infraction has been |
| 148 | committed, no costs or penalties shall be imposed and any costs |
| 149 | or penalties that have been paid shall be returned. Moneys |
| 150 | received from the mandatory civil penalties imposed pursuant to |
| 151 | this subsection upon persons required to appear before a |
| 152 | designated official pursuant to s. 318.19(1), (2), or (3) shall |
| 153 | be remitted to the Department of Revenue and distributed in the |
| 154 | following manner: |
| 155 | (a) One million dollars annually shall be transferred to |
| 156 | ABATE of Florida, Inc., a 501(c)(4) corporation, for the purpose |
| 157 | of fostering motorcycle safety awareness, education, and |
| 158 | research programs relating to accident prevention. Such funds |
| 159 | shall be subject to annual audit by the department and the |
| 160 | Auditor General. |
| 161 | (b) The remaining funds shall be deposited into the Trauma |
| 162 | Services Trust Fund created under s. 395.4035 to be used by the |
| 163 | Department of Health as required under s. 395.4036. |
| 164 | Section 3. Subsection (13) is added to section 318.18, |
| 165 | Florida Statutes, to read: |
| 166 | 318.18 Amount of civil penalties.--The penalties required |
| 167 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 168 | follows: |
| 169 | (13) One hundred twenty-five dollars for a violation of s. |
| 170 | 316.075(1)(c)1., of which $60 shall be distributed as provided |
| 171 | in s. 318.21 and the remaining $65 shall be remitted to the |
| 172 | Department of Revenue for deposit into the Trauma Services Trust |
| 173 | Fund created under s. 395.4035 to be used by the Department of |
| 174 | Health as required under s. 395.4036. |
| 175 | Section 4. Section 318.19, Florida Statutes, is amended to |
| 176 | read: |
| 177 | 318.19 Infractions requiring a mandatory hearing.--Any |
| 178 | person cited for the infractions listed in this section shall |
| 179 | not have the provisions of s. 318.14(2), (4), and (9) available |
| 180 | to him or her but must appear before the designated official at |
| 181 | the time and location of the scheduled hearing: |
| 182 | (1) Any infraction which results in a crash that causes |
| 183 | the 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 |
| 187 | any bodily injury other than "serious bodily injury" defined in |
| 188 | s. 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 |
| 192 | crash. |
| 193 | Section 5. Subsection (13) is added to section 318.21, |
| 194 | Florida Statutes, to read: |
| 195 | 318.21 Disposition of civil penalties by county |
| 196 | courts.--All civil penalties received by a county court pursuant |
| 197 | to the provisions of this chapter shall be distributed and paid |
| 198 | monthly as follows: |
| 199 | (13)(a) Notwithstanding subsections (1) and (2), the |
| 200 | proceeds from the mandatory civil penalties imposed pursuant to |
| 201 | s. 318.14(5) shall be distributed as provided in that section. |
| 202 | (b) Notwithstanding subsections (1) and (2), the proceeds |
| 203 | from the fine under s. 318.18(13) shall be distributed as |
| 204 | provided in that section. |
| 205 | Section 6. Section 322.0261, Florida Statutes, is amended |
| 206 | to read: |
| 207 | 322.0261 Mandatory Driver improvement course; requirement |
| 208 | to maintain driving privileges; failure to complete; department |
| 209 | approval of course certain crashes.-- |
| 210 | (1) The department shall screen crash reports received |
| 211 | under s. 316.066 or s. 324.051 to identify crashes involving the |
| 212 | following: |
| 213 | (a) A crash involving death or a bodily injury requiring |
| 214 | transport to a medical facility; or |
| 215 | (b) A second crash by the same operator within the |
| 216 | previous 2-year period involving property damage in an apparent |
| 217 | amount of at least $500. |
| 218 | (2) With respect to an operator convicted of, or who |
| 219 | pleaded nolo contendere to, a traffic offense giving rise to a |
| 220 | crash identified pursuant to subsection (1), the department |
| 221 | shall require that the operator, in addition to other applicable |
| 222 | penalties, attend a department-approved departmentally approved |
| 223 | driver improvement course in order to maintain driving |
| 224 | privileges. If the operator fails to complete the course within |
| 225 | 90 days of receiving notice from the department, the operator's |
| 226 | driver's license shall be canceled by the department until the |
| 227 | course is successfully completed. |
| 228 | (3) The department shall identify any operator convicted |
| 229 | of, or who pleaded nolo contendere to, a second violation of s. |
| 230 | 316.075(1)(c)1., which violation occurred within 12 months after |
| 231 | the first violation, and shall require that operator, in |
| 232 | addition to other applicable penalties, to attend a department- |
| 233 | approved driver improvement course in order to maintain driving |
| 234 | privileges. If the operator fails to complete the course within |
| 235 | 90 days after receiving notice from the department, the |
| 236 | operator?s driver license shall be canceled by the department |
| 237 | until the course is successfully completed. |
| 238 | (4)(3) In determining whether to approve a driver |
| 239 | improvement course for the purposes of this section, the |
| 240 | department shall consider course content designed to promote |
| 241 | safety, driver awareness, crash avoidance techniques, and other |
| 242 | factors or criteria to improve driver performance from a safety |
| 243 | viewpoint. |
| 244 | Section 7. Paragraph (d) of subsection (3) of section |
| 245 | 322.27, Florida Statutes, is amended to read: |
| 246 | 322.27 Authority of department to suspend or revoke |
| 247 | license.-- |
| 248 | (3) There is established a point system for evaluation of |
| 249 | convictions of violations of motor vehicle laws or ordinances, |
| 250 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 251 | such violations involve the use of motor vehicles, for the |
| 252 | determination of the continuing qualification of any person to |
| 253 | operate a motor vehicle. The department is authorized to suspend |
| 254 | the license of any person upon showing of its records or other |
| 255 | good and sufficient evidence that the licensee has been |
| 256 | convicted of violation of motor vehicle laws or ordinances, or |
| 257 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 258 | more points as determined by the point system. The suspension |
| 259 | shall be for a period of not more than 1 year. |
| 260 | (d) The point system shall have as its basic element a |
| 261 | graduated scale of points assigning relative values to |
| 262 | convictions of the following violations: |
| 263 | 1. Reckless driving, willful and wanton--4 points. |
| 264 | 2. Leaving the scene of a crash resulting in property |
| 265 | damage 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 |
| 270 | speed--3 points. |
| 271 | b. In excess of 15 miles per hour of lawful or posted |
| 272 | speed--4 points. |
| 273 | 6. A violation of a traffic control signal device as |
| 274 | provided in s. 316.075(1)(c)1.--4 points. |
| 275 | 7.6. All other moving violations (including parking on a |
| 276 | highway outside the limits of a municipality)--3 points. |
| 277 | However, no points shall be imposed for a violation of s. |
| 278 | 316.0741 or s. 316.2065(12). |
| 279 | 8.7. Any moving violation covered above, excluding |
| 280 | unlawful 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 |
| 283 | to read: |
| 284 | 395.4036 Trauma preparedness payments.-- |
| 285 | (1) Recognizing the Legislature's stated intent to provide |
| 286 | financial support to the current verified trauma centers and to |
| 287 | provide incentives for the establishment of additional trauma |
| 288 | centers as part of a system of state-sponsored trauma centers, |
| 289 | the department shall utilize funds collected under ss. |
| 290 | 318.18(13) and 318.14(5) and deposited into the Trauma Services |
| 291 | Trust Fund to ensure the availability and accessibility of |
| 292 | trauma services throughout the state as provided in this |
| 293 | subsection. |
| 294 | (a) Each existing trauma center and each new trauma center |
| 295 | shall receive a one-time fixed payment to offset startup costs. |
| 296 | (b) Equal payments shall be made to all current verified |
| 297 | trauma centers for the purpose of providing financial support |
| 298 | for each center to meet minimum standards of trauma |
| 299 | preparedness. |
| 300 | (c) Funds not disbursed as trauma preparedness payments or |
| 301 | startup costs shall be allocated to trauma centers to pay for |
| 302 | uncompensated trauma care. Distribution of available funds shall |
| 303 | be proportionate to utilization of trauma center services by |
| 304 | unfunded patients, as indicated in the most recent year for |
| 305 | which data is available. |
| 306 | (d) Any funds remaining after distribution under |
| 307 | paragraphs (a)-(c) shall be deposited into the Nursing Student |
| 308 | Loan Forgiveness Trust Fund to be used equally for the |
| 309 | department's Nursing Student Loan Forgiveness Program under s. |
| 310 | 1009.66 and the nursing scholarship program under s. 1009.67. |
| 311 | (2) Each trauma center receiving funds under this section |
| 312 | is responsible for ensuring that the funds are used in |
| 313 | accordance with law and for maintaining all associated financial |
| 314 | records of the use of such funds. |
| 315 | (a) Any trauma center not subject to audit pursuant to s. |
| 316 | 215.97 shall annually attest, under penalties of perjury, that |
| 317 | such proceeds were used in compliance with law. The attestation |
| 318 | shall be made annually in a form and format determined by the |
| 319 | department. |
| 320 | (b) Any trauma center subject to audit pursuant to s. |
| 321 | 215.97 shall submit an audit report in accordance with rules |
| 322 | adopted by the Auditor General. The annual attestation shall be |
| 323 | submitted to the department for review within 9 months after the |
| 324 | end of the organization's fiscal year. |
| 325 | (3) The department, working with the Agency for Health |
| 326 | Care Administration, shall maximize resources for trauma |
| 327 | services wherever possible. |
| 328 | Section 9. This act shall take effect upon becoming a law. |