Senate Bill sb1264
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Florida Senate - 2005 SB 1264
By Senator Saunders
37-1141-05 See HB 497
1 A bill to be entitled
2 An act relating to highway safety; creating the
3 Anjelica and Victoria Velez Memorial Traffic
4 Safety Act; amending s. 318.18, F.S.; revising
5 the penalty for a moving violation of a traffic
6 control signal showing a steady red indication;
7 providing for distribution of moneys collected;
8 amending s. 318.21, F.S.; providing for
9 distribution of specified civil penalties;
10 amending s. 322.0261, F.S.; requiring a driver
11 improvement course for a second moving
12 violation of a traffic control signal showing a
13 steady red indication within a specified time
14 period; providing a penalty for failure to
15 complete such course within a specified time
16 period; amending s. 322.27, F.S.; assigning a
17 point value for conviction of a moving
18 violation of a traffic control signal showing a
19 steady red indication; creating s. 395.4036,
20 F.S.; providing for distribution of funds to
21 trauma centers; providing for audits and
22 attestations; providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. This act may be cited as the "Anjelica and
27 Victoria Velez Memorial Traffic Safety Act."
28 Section 2. Subsection (14) is added to section 318.18,
29 Florida Statutes, to read:
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Florida Senate - 2005 SB 1264
37-1141-05 See HB 497
1 318.18 Amount of civil penalties.--The penalties
2 required for a noncriminal disposition pursuant to s. 318.14
3 are as follows:
4 (14) One hundred twenty-five dollars for a violation
5 of s. 316.075(1)(c)1., of which $60 shall be distributed as
6 provided in s. 318.21 and the remaining $65 shall be remitted
7 to the Department of Revenue for deposit into the
8 Administrative Trust Fund of the Department of Health.
9 Section 3. Subsection (13) is added to section 318.21,
10 Florida Statutes, to read:
11 318.21 Disposition of civil penalties by county
12 courts.--All civil penalties received by a county court
13 pursuant to the provisions of this chapter shall be
14 distributed and paid monthly as follows:
15 (13) Of the proceeds from the fine under s.
16 318.18(14), $65 shall be remitted to the Department of Revenue
17 for deposit into the Administrative Trust Fund of the
18 Department of Health and the remaining $60 shall be
19 distributed pursuant to subsections (1) and (2).
20 Section 4. Section 322.0261, Florida Statutes, is
21 amended to read:
22 322.0261 Mandatory Driver improvement course;
23 requirement to maintain driving privileges; failure to
24 complete; department approval of course certain crashes.--
25 (1) The department shall screen crash reports received
26 under s. 316.066 or s. 324.051 to identify crashes involving
27 the following:
28 (a) A crash involving death or a bodily injury
29 requiring transport to a medical facility; or
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Florida Senate - 2005 SB 1264
37-1141-05 See HB 497
1 (b) A second crash by the same operator within the
2 previous 2-year period involving property damage in an
3 apparent amount of at least $500.
4 (2) With respect to an operator convicted of, or who
5 pleaded nolo contendere to, a traffic offense giving rise to a
6 crash identified pursuant to subsection (1), the department
7 shall require that the operator, in addition to other
8 applicable penalties, attend a department-approved
9 departmentally approved driver improvement course in order to
10 maintain driving privileges. If the operator fails to complete
11 the course within 90 days of receiving notice from the
12 department, the operator's driver's license shall be canceled
13 by the department until the course is successfully completed.
14 (3) The department shall identify any operator
15 convicted of, or who has pleaded nolo contendere to, a second
16 violation of s. 316.075(1)(c)1., which violation occurred
17 within 12 months after the first violation, and shall require
18 that operator, in addition to other applicable penalties, to
19 attend a department-approved driver improvement course in
20 order to maintain driving privileges. If the operator fails to
21 complete the course within 90 days after receiving notice from
22 the department, the operator's driver's license shall be
23 canceled by the department until the course is successfully
24 completed.
25 (4)(3) In determining whether to approve a driver
26 improvement course for the purposes of this section, the
27 department shall consider course content designed to promote
28 safety, driver awareness, crash avoidance techniques, and
29 other factors or criteria to improve driver performance from a
30 safety viewpoint.
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Florida Senate - 2005 SB 1264
37-1141-05 See HB 497
1 Section 5. Paragraph (d) of subsection (3) of section
2 322.27, Florida Statutes, is amended to read:
3 322.27 Authority of department to suspend or revoke
4 license.--
5 (3) There is established a point system for evaluation
6 of convictions of violations of motor vehicle laws or
7 ordinances, and violations of applicable provisions of s.
8 403.413(6)(b) when such violations involve the use of motor
9 vehicles, for the determination of the continuing
10 qualification of any person to operate a motor vehicle. The
11 department is authorized to suspend the license of any person
12 upon showing of its records or other good and sufficient
13 evidence that the licensee has been convicted of violation of
14 motor vehicle laws or ordinances, or applicable provisions of
15 s. 403.413(6)(b), amounting to 12 or more points as determined
16 by the point system. The suspension shall be for a period of
17 not more than 1 year.
18 (d) The point system shall have as its basic element a
19 graduated scale of points assigning relative values to
20 convictions of the following violations:
21 1. Reckless driving, willful and wanton--4 points.
22 2. Leaving the scene of a crash resulting in property
23 damage of more than $50--6 points.
24 3. Unlawful speed resulting in a crash--6 points.
25 4. Passing a stopped school bus--4 points.
26 5. Unlawful speed:
27 a. Not in excess of 15 miles per hour of lawful or
28 posted speed--3 points.
29 b. In excess of 15 miles per hour of lawful or posted
30 speed--4 points.
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Florida Senate - 2005 SB 1264
37-1141-05 See HB 497
1 6. A violation of a traffic control signal device as
2 provided in s. 316.075(1)(c)1.--4 points.
3 7.6. All other moving violations (including parking on
4 a highway outside the limits of a municipality)--3 points.
5 However, no points shall be imposed for a violation of s.
6 316.0741 or s. 316.2065(12).
7 8.7. Any moving violation covered above, excluding
8 unlawful speed, resulting in a crash--4 points.
9 9.8. Any conviction under s. 403.413(5)(b)--3 points.
10 Section 6. Section 395.4036, Florida Statutes, is
11 created to read:
12 395.4036 Trauma payments.--
13 (1) Recognizing the Legislature's stated intent to
14 provide financial support to the current verified trauma
15 centers and to provide incentives for the establishment of
16 additional trauma centers as part of a system of
17 state-sponsored trauma centers, the department shall use funds
18 collected under s. 318.18(14) and deposited into the
19 Administrative Trust Fund of the department to ensure the
20 availability and accessibility of trauma services throughout
21 the state as provided in this subsection.
22 (a) Twenty percent of the total funds collected under
23 this subsection shall be distributed to verified trauma
24 centers located in a region that has a local funding
25 contribution as of December 31. Distribution of funds under
26 this paragraph shall be based on trauma caseload volume.
27 (b) Forty percent of the total funds collected under
28 this subsection shall be distributed to verified trauma
29 centers based on trauma caseload volume of the previous
30 calendar year. The determination of caseload volume for
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Florida Senate - 2005 SB 1264
37-1141-05 See HB 497
1 distribution of funds under this paragraph shall be based on
2 the department's Trauma Registry data.
3 (c) Forty percent of the total funds collected under
4 this subsection shall be distributed to verified trauma
5 centers based on severity of trauma patients. The
6 determination of severity for distribution of funds under this
7 paragraph shall be based on the department's Injury Severity
8 Scores, weighted based on scores of 1-14 and 15 plus.
9 (2)(a) Any trauma center not subject to audit pursuant
10 to s. 215.97 shall annually attest, under penalties of
11 perjury, that such proceeds were used in compliance with law.
12 The annual attestation shall be made in a form and format
13 determined by the department.
14 (b) Any trauma center subject to audit pursuant to s.
15 215.97 shall submit an audit report in accordance with rules
16 adopted by the Auditor General. The annual attestation shall
17 be submitted to the department for review within 9 months
18 after the end of the organization's fiscal year.
19 (3) The department, working with the Agency for Health
20 Care Administration, shall maximize resources for trauma
21 services wherever possible.
22 Section 7. This act shall take effect upon becoming a
23 law.
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