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.

23  

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

25  

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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