Senate Bill sb0682c1

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    Florida Senate - 2004                            CS for SB 682

    By the Committee on Transportation; and Senator Argenziano





    306-2286-04

  1                      A bill to be entitled

  2         An act relating to highway safety; amending s.

  3         316.075, F.S.; requiring a hearing for

  4         specified violations of traffic control signal

  5         devices resulting in a crash; amending s.

  6         318.14, F.S.; providing penalties for certain

  7         traffic infractions requiring a mandatory

  8         hearing; providing for the distribution of

  9         penalty proceeds; amending s. 318.18, F.S.;

10         providing a penalty for a specified violation

11         of traffic control signal devices; providing

12         for distribution of moneys collected; amending

13         s. 318.19, F.S.; requiring a hearing for

14         certain violations resulting in a crash;

15         amending s. 318.21, F.S.; providing for

16         distribution of specified civil penalties by

17         county courts; amending s. 322.0261, F.S.;

18         requiring the driver improvement course for a

19         second violation of specified provisions within

20         a specified time period; providing a penalty

21         for failure to complete the course within a

22         specified time period; amending s. 322.27,

23         F.S.; assigning a point value for conviction of

24         a specified violation of traffic control signal

25         devices; creating s. 395.4036, F.S.; providing

26         for the distribution of funds to trauma

27         centers; providing for the distribution of

28         funds for nursing student loan forgiveness and

29         scholarship programs; providing for audits and

30         attestations; providing an effective date.

31  

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (4) of section 316.075, Florida

 4  Statutes, is amended to read:

 5         316.075  Traffic control signal devices.--

 6         (1)  Except for automatic warning signal lights

 7  installed or to be installed at railroad crossings, whenever

 8  traffic, including municipal traffic, is controlled by traffic

 9  control signals exhibiting different colored lights, or

10  colored lighted arrows, successively one at a time or in

11  combination, only the colors green, red, and yellow shall be

12  used, except for special pedestrian signals carrying a word

13  legend, and the lights shall indicate and apply to drivers of

14  vehicles and pedestrians as follows:

15         (a)  Green indication.--

16         1.  Vehicular traffic facing a circular green signal

17  may proceed cautiously straight through or turn right or left

18  unless a sign at such place prohibits either such turn. But

19  vehicular traffic, including vehicles turning right or left,

20  shall yield the right-of-way to other vehicles and to

21  pedestrians lawfully within the intersection or an adjacent

22  crosswalk at the time such signal is exhibited.

23         2.  Vehicular traffic facing a green arrow signal,

24  shown alone or in combination with another indication, as

25  directed by the manual, may cautiously enter the intersection

26  only to make the movement indicated by such arrow, or such

27  other movement as is permitted by other indications shown at

28  the same time, except the driver of any vehicle may U-turn, so

29  as to proceed in the opposite direction unless such movement

30  is prohibited by posted traffic control signs. Such vehicular

31  traffic shall yield the right-of-way to pedestrians lawfully

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1  within an adjacent crosswalk and to other traffic lawfully

 2  using the intersection.

 3         3.  Unless otherwise directed by a pedestrian control

 4  signal as provided in s. 316.0755, pedestrians facing any

 5  green signal, except when the sole green signal is a turn

 6  arrow, may proceed across the roadway within any marked or

 7  unmarked crosswalk.

 8         (b)  Steady yellow indication.--

 9         1.  Vehicular traffic facing a steady yellow signal is

10  thereby warned that the related green movement is being

11  terminated or that a red indication will be exhibited

12  immediately thereafter when vehicular traffic shall not enter

13  the intersection.

14         2.  Pedestrians facing a steady yellow signal, unless

15  otherwise directed by a pedestrian control signal as provided

16  in s. 316.0755, are thereby advised that there is insufficient

17  time to cross the roadway before a red indication is shown and

18  no pedestrian shall start to cross the roadway.

19         (c)  Steady red indication.--

20         1.  Vehicular traffic facing a steady red signal shall

21  stop before entering the crosswalk on the near side of the

22  intersection or, if none, then before entering the

23  intersection and shall remain standing until a green

24  indication is shown; however:

25         a.  The driver of a vehicle which is stopped at a

26  clearly marked stop line, but if none, before entering the

27  crosswalk on the near side of the intersection, or, if none

28  then at the point nearest the intersecting roadway where the

29  driver has a view of approaching traffic on the intersecting

30  roadway before entering the intersection in obedience to a

31  steady red signal may make a right turn, but shall yield the

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1  right-of-way to pedestrians and other traffic proceeding as

 2  directed by the signal at the intersection, except that

 3  municipal and county authorities may prohibit any such right

 4  turn against a steady red signal at any intersection, which

 5  prohibition shall be effective when a sign giving notice

 6  thereof is erected in a location visible to traffic

 7  approaching the intersection.

 8         b.  The driver of a vehicle on a one-way street that

 9  intersects another one-way street on which traffic moves to

10  the left shall stop in obedience to a steady red signal, but

11  may then make a left turn into the one-way street, but shall

12  yield the right-of-way to pedestrians and other traffic

13  proceeding as directed by the signal at the intersection,

14  except that municipal and county authorities may prohibit any

15  such left turn as described, which prohibition shall be

16  effective when a sign giving notice thereof is attached to the

17  traffic control signal device at the intersection.

18         2.  Unless otherwise directed by a pedestrian control

19  signal as provided in s. 316.0755, pedestrians facing a steady

20  red signal shall not enter the roadway.

21         (4)(a)  A violation of this section is a noncriminal

22  traffic infraction, punishable pursuant to chapter 318 as

23  either a pedestrian violation or, if the infraction resulted

24  from the operation of a vehicle, as a moving violation.

25         (b)  A person committing a violation of subparagraph

26  (1)(c)1. resulting in a crash is subject to a mandatory

27  hearing under the provisions of s. 318.19.

28         Section 2.  Subsection (5) of section 318.14, Florida

29  Statutes, is amended to read:

30         318.14  Noncriminal traffic infractions; exception;

31  procedures.--

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1         (5)  Any person electing to appear before the

 2  designated official or who is required so to appear shall be

 3  deemed to have waived his or her right to the civil penalty

 4  provisions of s. 318.18. The official, after a hearing, shall

 5  make a determination as to whether an infraction has been

 6  committed. If the commission of an infraction has been proven,

 7  the official may impose a civil penalty not to exceed $500,

 8  except that in cases involving unlawful speed in a school zone

 9  or, involving unlawful speed in a construction zone, or

10  involving a death, the civil penalty may not exceed $1,000; or

11  require attendance at a driver improvement school, or both. If

12  the person is required to appear before the designated

13  official pursuant to s. 318.19(1) and is found to have

14  committed the infraction, the designated official shall impose

15  a civil penalty of $1,000 in addition to any other penalties.

16  If the person is required to appear before the designated

17  official pursuant to s. 318.19(2) and is found to have

18  committed the infraction, the designated official shall impose

19  a civil penalty of $500 in addition to any other penalties. If

20  the person is required to appear before the designated

21  official pursuant to s. 318.19(3) and is found to have

22  committed the infraction, the designated official shall impose

23  a civil penalty of $200 in addition to any other penalties. If

24  the official determines that no infraction has been committed,

25  no costs or penalties shall be imposed and any costs or

26  penalties that have been paid shall be returned. Moneys

27  received from the mandatory civil penalties imposed pursuant

28  to this subsection upon persons required to appear before a

29  designated official pursuant to s. 318.19(1), (2), or (3)

30  shall be remitted to the Department of Revenue and distributed

31  in the following manner:

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1         (a)  One million dollars annually shall be transferred

 2  to ABATE of Florida, Inc., a nonprofit corporation under s.

 3  501(c)(4) of the Internal Revenue Code, for the purpose of

 4  fostering motorcycle safety awareness and educational and

 5  research programs relating to accident prevention. Such funds

 6  shall be subject to annual audit by the department and the

 7  Auditor General.

 8         (b)  The remaining funds shall be deposited into the

 9  Trauma Services Trust Fund created under s. 395.4035 to be

10  used by the Department of Health as required under s.

11  395.4036.

12         Section 3.  Subsection (13) is added to section 318.18,

13  Florida Statutes, to read:

14         318.18  Amount of civil penalties.--The penalties

15  required for a noncriminal disposition pursuant to s. 318.14

16  are as follows:

17         (13)  One hundred twenty-five dollars for a violation

18  of s. 316.075(1)(c)1., of which $60 shall be distributed as

19  provided in s. 318.21, and the remaining $65 shall be remitted

20  to the Department of Revenue for deposit into the Trauma

21  Services Trust Fund created under s. 395.4035 to be used by

22  the Department of Health as required under s. 395.4036.

23         Section 4.  Section 318.19, Florida Statutes, is

24  amended to read:

25         318.19  Infractions requiring a mandatory hearing.--Any

26  person cited for the infractions listed in this section shall

27  not have the provisions of s. 318.14(2), (4), and (9)

28  available to him or her but must appear before the designated

29  official at the time and location of the scheduled hearing:

30         (1)  Any infraction which results in a crash that

31  causes the death of another;

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1         (2)  Any infraction which results in a crash that

 2  causes "serious bodily injury" of another as defined in s.

 3  316.1933(1);

 4         (3)  Any infraction which results in a crash that

 5  causes any bodily injury other than "serious bodily injury"

 6  defined in s. 316.1933(1);

 7         (4)(3)  Any infraction of s. 316.172(1)(b); or

 8         (5)(4)  Any infraction of s. 316.520(1) or (2); or

 9         (6)  Any infraction of s. 316.075(1)(c)1. resulting in

10  a crash.

11         Section 5.  Subsection (13) is added to section 318.21,

12  Florida Statutes, to read:

13         318.21  Disposition of civil penalties by county

14  courts.--All civil penalties received by a county court

15  pursuant to the provisions of this chapter shall be

16  distributed and paid monthly as follows:

17         (13)(a)  Notwithstanding subsections (1) and (2), the

18  proceeds from the mandatory civil penalties imposed pursuant

19  to s. 318.14(5) shall be distributed as provided in that

20  section.

21         (b)  Notwithstanding subsections (1) and (2), the

22  proceeds from the fines imposed under s. 318.18(13) shall be

23  distributed as provided in that section.

24         Section 6.  Section 322.0261, Florida Statutes, is

25  amended to read:

26         322.0261  Mandatory Driver improvement course;

27  requirement to maintain driving privileges; failure to

28  complete; department approval of course certain crashes.--

29         (1)  The department shall screen crash reports received

30  under s. 316.066 or s. 324.051 to identify crashes involving

31  the following:

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1         (a)  A crash involving death or a bodily injury

 2  requiring transport to a medical facility; or

 3         (b)  A second crash by the same operator within the

 4  previous 2-year period involving property damage in an

 5  apparent amount of at least $500.

 6         (2)  With respect to an operator convicted of, or who

 7  pleaded nolo contendere to, a traffic offense giving rise to a

 8  crash identified pursuant to subsection (1), the department

 9  shall require that the operator, in addition to other

10  applicable penalties, attend a department-approved

11  departmentally approved driver improvement course in order to

12  maintain driving privileges. If the operator fails to complete

13  the course within 90 days of receiving notice from the

14  department, the operator's driver's license shall be canceled

15  by the department until the course is successfully completed.

16         (3)  The department shall identify any operator

17  convicted of, or who pleaded nolo contendere to, a second

18  violation of s. 316.075(1)(c)1., which violation occurred

19  within 12 months after the first violation, and shall require

20  that operator, in addition to other applicable penalties, to

21  attend a department-approved driver improvement course in

22  order to maintain driving privileges. If the operator fails to

23  complete the course within 90 days after receiving notice from

24  the department, the operator's driver's license shall be

25  canceled by the department until the course is successfully

26  completed.

27         (4)(3)  In determining whether to approve a driver

28  improvement course for the purposes of this section, the

29  department shall consider course content designed to promote

30  safety, driver awareness, crash avoidance techniques, and

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    Florida Senate - 2004                            CS for SB 682
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 1  other factors or criteria to improve driver performance from a

 2  safety viewpoint.

 3         Section 7.  Paragraph (d) of subsection (3) of section

 4  322.27, Florida Statutes, is amended to read:

 5         322.27  Authority of department to suspend or revoke

 6  license.--

 7         (3)  There is established a point system for evaluation

 8  of convictions of violations of motor vehicle laws or

 9  ordinances, and violations of applicable provisions of s.

10  403.413(6)(b) when such violations involve the use of motor

11  vehicles, for the determination of the continuing

12  qualification of any person to operate a motor vehicle. The

13  department is authorized to suspend the license of any person

14  upon showing of its records or other good and sufficient

15  evidence that the licensee has been convicted of violation of

16  motor vehicle laws or ordinances, or applicable provisions of

17  s. 403.413(6)(b), amounting to 12 or more points as determined

18  by the point system. The suspension shall be for a period of

19  not more than 1 year.

20         (d)  The point system shall have as its basic element a

21  graduated scale of points assigning relative values to

22  convictions of the following violations:

23         1.  Reckless driving, willful and wanton--4 points.

24         2.  Leaving the scene of a crash resulting in property

25  damage of more than $50--6 points.

26         3.  Unlawful speed resulting in a crash--6 points.

27         4.  Passing a stopped school bus--4 points.

28         5.  Unlawful speed:

29         a.  Not in excess of 15 miles per hour of lawful or

30  posted speed--3 points.

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    Florida Senate - 2004                            CS for SB 682
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 1         b.  In excess of 15 miles per hour of lawful or posted

 2  speed--4 points.

 3         6.  A violation of a traffic control signal device as

 4  provided in s. 316.075(1)(c)1.--4 points.

 5         7.6.  All other moving violations (including parking on

 6  a highway outside the limits of a municipality)--3 points.

 7  However, no points shall be imposed for a violation of s.

 8  316.0741 or s. 316.2065(12).

 9         8.7.  Any moving violation covered above, excluding

10  unlawful speed, resulting in a crash--4 points.

11         9.8.  Any conviction under s. 403.413(5)(b)--3 points.

12         Section 8.  Section 395.4036, Florida Statutes, is

13  created to read:

14         395.4036  Trauma preparedness payments.--

15         (1)  Recognizing the Legislature's stated intent to

16  provide financial support to the current verified trauma

17  centers and to provide incentives for the establishment of

18  additional trauma centers as part of a system of

19  state-sponsored trauma centers, the department shall use funds

20  collected under ss. 318.18(13) and 318.14(5) and deposited

21  into the Trauma Services Trust Fund to assure the availability

22  and accessibility of trauma services throughout the state as

23  provided in this subsection.

24         (a)  Each existing trauma center and each new center

25  shall receive a one-time fixed payment to offset startup

26  costs.

27         (b)  Equal payments shall be made to all current

28  verified trauma centers for the purpose of providing financial

29  support for each center to meet minimum standards of trauma

30  preparedness.

31  

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    Florida Senate - 2004                            CS for SB 682
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 1         (c)  Funds not disbursed as trauma preparedness

 2  payments or startup costs shall be allocated to trauma centers

 3  to pay for uncompensated trauma care. Distribution of

 4  available funds shall be proportionate to utilization of

 5  trauma center services by unfunded patients, as indicated in

 6  the most recent year for which data is available.

 7         (d)  Any funds remaining after distribution under

 8  paragraphs (a)-(c) shall be deposited into the Nursing Student

 9  Loan Forgiveness Trust Fund to be used equally for the

10  department's Nursing Student Loan Forgiveness Program under s.

11  1009.66, and the Nursing Scholarship Program under s. 1009.67.

12         (2)  Each trauma center receiving funds under this

13  section is responsible for ensuring that the funds are used in

14  accordance with law and for maintaining all associated

15  financial records of the use of such funds.

16         (a)  Any trauma center not subject to audit pursuant to

17  s. 215.97 shall annually attest, under penalty of perjury,

18  that such proceeds were used in compliance with law. The

19  attestation shall be made annually in a form and format

20  determined by the department.

21         (b)  Any trauma center subject to audit pursuant to s.

22  215.97 shall submit an audit report in accordance with rules

23  adopted by the Auditor General. The annual attestation shall

24  be submitted to the department for review within 9 months

25  after the end of the organization's fiscal year.

26         (3)  The department, working with the Agency for Health

27  Care Administration, shall maximize resources for trauma

28  services wherever possible.

29         Section 9.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2004                            CS for SB 682
    306-2286-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate bill 682

 3                                 

 4  This CS restores local government revenue generated by fines
    for running red lights that had been redirected to the General
 5  Revenue Fund. The CS provides for the distribution of the
    increased amount of the red light fine to the Trauma Services
 6  Trust Fund. In addition, the CS provides for the distribution
    of $1 million to ABATE of Florida, Inc.  Finally, the CS
 7  provides a method of distributing those amounts deposited into
    the Trauma Services Trust Fund pursuant to the provision of
 8  the CS.

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