Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1264
                        Barcode 985290
                            CHAMBER ACTION
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11  The Committee on Transportation (Sebesta) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Anjelica and
19  Victoria Velez Memorial Traffic Safety Act."
20         Section 2.  Paragraph (a) of subsection (1) of section
21  316.650, Florida Statutes, is amended to read:
22         316.650  Traffic citations.--
23         (1)(a)  The department shall prepare, and supply to
24  every traffic enforcement agency in this state, an appropriate
25  form traffic citation containing a notice to appear (which
26  shall be issued in prenumbered books with citations in
27  quintuplicate) and meeting the requirements of this chapter or
28  any laws of this state regulating traffic, which form shall be
29  consistent with the state traffic court rules and the
30  procedures established by the department. Upon all future
31  printings of the traffic citation, the form shall include a
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1264 Barcode 985290 1 special box which is to be checked by the law enforcement 2 officer when the officer believes that the traffic violation 3 or crash was due to aggressive careless driving as defined in 4 s. 316.1923. The form shall also include a special box that is 5 to be checked by the law enforcement officer when the officer 6 writes a uniform traffic citation for a violation of s. 7 316.074(1) as a result of the driver failing to stop at a 8 traffic signal. 9 Section 3. Subsection (14) is added to section 318.18, 10 Florida Statutes, to read: 11 318.18 Amount of civil penalties.--The penalties 12 required for a noncriminal disposition pursuant to s. 318.14 13 are as follows: 14 (14) One hundred twenty-five dollars for a violation 15 of s. 316.074(1) or s. 316.075(1)(c)1., when a driver has 16 failed to stop at a traffic signal, of which $60 shall be 17 distributed as provided in s. 318.21 and the remaining $65 18 shall be remitted to the Department of Revenue for deposit 19 into the Administrative Trust Fund of the Department of 20 Health. 21 Section 4. Subsection (13) is added to section 318.21, 22 Florida Statutes, to read: 23 318.21 Disposition of civil penalties by county 24 courts.--All civil penalties received by a county court 25 pursuant to the provisions of this chapter shall be 26 distributed and paid monthly as follows: 27 (13) Of the proceeds from the fine under s. 28 318.18(14), $65 shall be remitted to the Department of Revenue 29 for deposit into the Administrative Trust Fund of the 30 Department of Health and the remaining $60 shall be 31 distributed under subsections (1) and (2). 2 3:38 PM 04/01/05 s1264d-tr16-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1264 Barcode 985290 1 Section 5. Section 322.0261, Florida Statutes, is 2 amended to read: 3 322.0261 Mandatory Driver improvement course; 4 requirement to maintain driving privileges; failure to 5 complete; department approval of course certain crashes.-- 6 (1) The department shall screen crash reports received 7 under s. 316.066 or s. 324.051 to identify crashes involving 8 the following: 9 (a) A crash involving death or a bodily injury 10 requiring transport to a medical facility; or 11 (b) A second crash by the same operator within the 12 previous 2-year period involving property damage in an 13 apparent amount of at least $500. 14 (2) With respect to an operator convicted of, or who 15 pleaded nolo contendere to, a traffic offense giving rise to a 16 crash identified pursuant to subsection (1), the department 17 shall require that the operator, in addition to other 18 applicable penalties, attend a department-approved 19 departmentally approved driver improvement course in order to 20 maintain driving privileges. If the operator fails to complete 21 the course within 90 days of receiving notice from the 22 department, the operator's driver's license shall be canceled 23 by the department until the course is successfully completed. 24 (3) The department shall identify any operator 25 convicted of, or who has pleaded nolo contendere to, a second 26 violation of s. 316.074(1) or s. 316.075(1)(c)1., which 27 violation occurred within 12 months after the first violation, 28 and shall require that operator, in addition to other 29 applicable penalties, to attend a department-approved driver 30 improvement course in order to maintain driving privileges. If 31 the operator fails to complete the course within 90 days after 3 3:38 PM 04/01/05 s1264d-tr16-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1264 Barcode 985290 1 receiving notice from the department, the operator's driver's 2 license shall be canceled by the department until the course 3 is successfully completed. 4 (4)(3) In determining whether to approve a driver 5 improvement course for the purposes of this section, the 6 department shall consider course content designed to promote 7 safety, driver awareness, crash avoidance techniques, and 8 other factors or criteria to improve driver performance from a 9 safety viewpoint. 10 Section 6. Paragraph (d) of subsection (3) of section 11 322.27, Florida Statutes, is amended to read: 12 322.27 Authority of department to suspend or revoke 13 license.-- 14 (3) There is established a point system for evaluation 15 of convictions of violations of motor vehicle laws or 16 ordinances, and violations of applicable provisions of s. 17 403.413(6)(b) when such violations involve the use of motor 18 vehicles, for the determination of the continuing 19 qualification of any person to operate a motor vehicle. The 20 department is authorized to suspend the license of any person 21 upon showing of its records or other good and sufficient 22 evidence that the licensee has been convicted of violation of 23 motor vehicle laws or ordinances, or applicable provisions of 24 s. 403.413(6)(b), amounting to 12 or more points as determined 25 by the point system. The suspension shall be for a period of 26 not more than 1 year. 27 (d) The point system shall have as its basic element a 28 graduated scale of points assigning relative values to 29 convictions of the following violations: 30 1. Reckless driving, willful and wanton--4 points. 31 2. Leaving the scene of a crash resulting in property 4 3:38 PM 04/01/05 s1264d-tr16-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1264 Barcode 985290 1 damage of more than $50--6 points. 2 3. Unlawful speed resulting in a crash--6 points. 3 4. Passing a stopped school bus--4 points. 4 5. Unlawful speed: 5 a. Not in excess of 15 miles per hour of lawful or 6 posted speed--3 points. 7 b. In excess of 15 miles per hour of lawful or posted 8 speed--4 points. 9 6. A violation of a traffic control signal device as 10 provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. 11 7.6. All other moving violations (including parking on 12 a highway outside the limits of a municipality)--3 points. 13 However, no points shall be imposed for a violation of s. 14 316.0741 or s. 316.2065(12). 15 8.7. Any moving violation covered above, excluding 16 unlawful speed, resulting in a crash--4 points. 17 9.8. Any conviction under s. 403.413(5)(b)--3 points. 18 Section 7. Section 395.4036, Florida Statutes, is 19 created to read: 20 395.4036 Trauma payments.-- 21 (1) Recognizing the Legislature's stated intent to 22 provide financial support to the current verified trauma 23 centers and to provide incentives for the establishment of 24 additional trauma centers as part of a system of 25 state-sponsored trauma centers, the department shall use funds 26 collected under s. 318.18(14) and deposited into the 27 Administrative Trust Fund of the department to ensure the 28 availability and accessibility of trauma services throughout 29 the state as provided in this subsection. 30 (a) Twenty percent of the total funds collected under 31 this subsection shall be distributed to verified trauma 5 3:38 PM 04/01/05 s1264d-tr16-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1264 Barcode 985290 1 centers located in a region that has a local funding 2 contribution as of December 31. Distribution of funds under 3 this paragraph shall be based on trauma caseload volume. 4 (b) Forty percent of the total funds collected under 5 this subsection shall be distributed to verified trauma 6 centers based on trauma caseload volume of the previous 7 calendar year. The determination of caseload volume for 8 distribution of funds under this paragraph shall be based on 9 the department's Trauma Registry data. 10 (c) Forty percent of the total funds collected under 11 this subsection shall be distributed to verified trauma 12 centers based on severity of trauma patients. The 13 determination of severity for distribution of funds under this 14 paragraph shall be based on the department's Injury Severity 15 Scores, weighted based on scores of 1-14 and 15 plus. 16 (2)(a) Any trauma center not subject to audit under s. 17 215.97 shall annually attest, under penalties of perjury, that 18 such proceeds were used in compliance with law. The annual 19 attestation shall be made in a form and format determined by 20 the department. The annual attestation shall be submitted to 21 the department for review within 9 months after the end of the 22 organization's fiscal year. 23 (b) Any trauma center subject to audit under s. 215.97 24 shall submit an audit report in accordance with rules adopted 25 by the Auditor General. 26 (3) The department, working with the Agency for Health 27 Care Administration, shall maximize resources for trauma 28 services wherever possible. 29 Section 8. This act shall take effect upon becoming a 30 law. 31 6 3:38 PM 04/01/05 s1264d-tr16-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1264 Barcode 985290 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to highway safety; creating the 8 Anjelica and Victoria Velez Memorial Traffic 9 Safety Act; amending s. 316.650, F.S.; 10 requiring the printed traffic citation form to 11 have a box for failing to stop at a traffic 12 signal; amending s. 318.18, F.S.; revising the 13 penalty for a moving violation of a traffic 14 control signal showing a steady red indication; 15 providing for distribution of moneys collected; 16 amending s. 318.21, F.S.; providing for 17 distribution of specified civil penalties; 18 amending s. 322.0261, F.S.; requiring a driver 19 improvement course for a second moving 20 violation of a traffic control signal showing a 21 steady red indication within a specified time 22 period; providing a penalty for failure to 23 complete such course within a specified time 24 period; amending s. 322.27, F.S.; assigning a 25 point value for conviction of a moving 26 violation of a traffic control signal showing a 27 steady red indication; creating s. 395.4036, 28 F.S.; providing for distribution of funds to 29 trauma centers; providing for audits and 30 attestations; providing an effective date. 31 7 3:38 PM 04/01/05 s1264d-tr16-ta1