Senate Bill sb1264c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1264

    By the Committee on Transportation; and Senators Saunders,
    Fasano and Constantine




    596-1930-05

  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. 316.650, F.S.;

  5         requiring the printed traffic citation form to

  6         have a box for failing to stop at a traffic

  7         signal; amending s. 318.18, F.S.; revising the

  8         penalty for a moving violation of a traffic

  9         control signal showing a steady red indication;

10         providing for distribution of moneys collected;

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

12         distribution of specified civil penalties;

13         amending s. 322.0261, F.S.; requiring a driver

14         improvement course for a second moving

15         violation of a traffic control signal showing a

16         steady red indication within a specified time

17         period; providing a penalty for failure to

18         complete such course within a specified time

19         period; amending s. 322.27, F.S.; assigning a

20         point value for conviction of a moving

21         violation of a traffic control signal showing a

22         steady red indication; correcting a

23         cross-reference relating to assessment of

24         points for litter violations; creating s.

25         395.4036, F.S.; providing for distribution of

26         funds to trauma centers; providing for audits

27         and attestations; providing an effective date.

28  

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

30  

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1264
    596-1930-05




 1         Section 1.  This act may be cited as the "Anjelica and

 2  Victoria Velez Memorial Traffic Safety Act."

 3         Section 2.  Paragraph (a) of subsection (1) of section

 4  316.650, Florida Statutes, is amended to read:

 5         316.650  Traffic citations.--

 6         (1)(a)  The department shall prepare, and supply to

 7  every traffic enforcement agency in this state, an appropriate

 8  form traffic citation containing a notice to appear (which

 9  shall be issued in prenumbered books with citations in

10  quintuplicate) and meeting the requirements of this chapter or

11  any laws of this state regulating traffic, which form shall be

12  consistent with the state traffic court rules and the

13  procedures established by the department. Upon all future

14  printings of the traffic citation, the form shall include a

15  special box which is to be checked by the law enforcement

16  officer when the officer believes that the traffic violation

17  or crash was due to aggressive careless driving as defined in

18  s. 316.1923. The form shall also include a special box that is

19  to be checked by the law enforcement officer when the officer

20  writes a uniform traffic citation for a violation of s.

21  316.074(1) as a result of the driver failing to stop at a

22  traffic signal.

23         Section 3.  Subsection (14) is added to section 318.18,

24  Florida Statutes, to read:

25         318.18  Amount of civil penalties.--The penalties

26  required for a noncriminal disposition pursuant to s. 318.14

27  are as follows:

28         (14)  One hundred twenty-five dollars for a violation

29  of s. 316.074(1) or s. 316.075(1)(c)1., when a driver has

30  failed to stop at a traffic signal, of which $60 shall be

31  distributed as provided in s. 318.21 and the remaining $65

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1264
    596-1930-05




 1  shall be remitted to the Department of Revenue for deposit

 2  into the Administrative Trust Fund of the Department of

 3  Health.

 4         Section 4.  Subsection (13) is added to section 318.21,

 5  Florida Statutes, to read:

 6         318.21  Disposition of civil penalties by county

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

 8  pursuant to the provisions of this chapter shall be

 9  distributed and paid monthly as follows:

10         (13)  Of the proceeds from the fine under s.

11  318.18(14), $65 shall be remitted to the Department of Revenue

12  for deposit into the Administrative Trust Fund of the

13  Department of Health and the remaining $60 shall be

14  distributed under subsections (1) and (2).

15         Section 5.  Section 322.0261, Florida Statutes, is

16  amended to read:

17         322.0261  Mandatory Driver improvement course;

18  requirement to maintain driving privileges; failure to

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

20         (1)  The department shall screen crash reports received

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

22  the following:

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

24  requiring transport to a medical facility; or

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

26  previous 2-year period involving property damage in an

27  apparent amount of at least $500.

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

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

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

31  shall require that the operator, in addition to other

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1264
    596-1930-05




 1  applicable penalties, attend a department-approved

 2  departmentally approved driver improvement course in order to

 3  maintain driving privileges. If the operator fails to complete

 4  the course within 90 days of receiving notice from the

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

 6  by the department until the course is successfully completed.

 7         (3)  The department shall identify any operator

 8  convicted of, or who has pleaded nolo contendere to, a second

 9  violation of s. 316.074(1) or s. 316.075(1)(c)1., which

10  violation occurred within 12 months after the first violation,

11  and shall require that operator, in addition to other

12  applicable penalties, to attend a department-approved driver

13  improvement course in order to maintain driving privileges. If

14  the operator fails to complete the course within 90 days after

15  receiving notice from the department, the operator's driver's

16  license shall be canceled by the department until the course

17  is successfully completed.

18         (4)(3)  In determining whether to approve a driver

19  improvement course for the purposes of this section, the

20  department shall consider course content designed to promote

21  safety, driver awareness, crash avoidance techniques, and

22  other factors or criteria to improve driver performance from a

23  safety viewpoint.

24         Section 6.  Paragraph (d) of subsection (3) of section

25  322.27, Florida Statutes, is amended to read:

26         322.27  Authority of department to suspend or revoke

27  license.--

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

29  of convictions of violations of motor vehicle laws or

30  ordinances, and violations of applicable provisions of s.

31  403.413(6)(b) when such violations involve the use of motor

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1264
    596-1930-05




 1  vehicles, for the determination of the continuing

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

 3  department is authorized to suspend the license of any person

 4  upon showing of its records or other good and sufficient

 5  evidence that the licensee has been convicted of violation of

 6  motor vehicle laws or ordinances, or applicable provisions of

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

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

 9  not more than 1 year.

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

11  graduated scale of points assigning relative values to

12  convictions of the following violations:

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

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

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

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

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

18         5.  Unlawful speed:

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

20  posted speed--3 points.

21         b.  In excess of 15 miles per hour of lawful or posted

22  speed--4 points.

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

24  provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

25         7.6.  All other moving violations (including parking on

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

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

28  316.0741 or s. 316.2065(12).

29         8.7.  Any moving violation covered above, excluding

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

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1264
    596-1930-05




 1         9.8.  Any conviction under s. 403.413(6)(b) s.

 2  403.413(5)(b)--3 points.

 3         Section 7.  Section 395.4036, Florida Statutes, is

 4  created to read:

 5         395.4036  Trauma payments.--

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

 7  provide financial support to the current verified trauma

 8  centers and to provide incentives for the establishment of

 9  additional trauma centers as part of a system of

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

11  collected under s. 318.18(14) and deposited into the

12  Administrative Trust Fund of the department to ensure the

13  availability and accessibility of trauma services throughout

14  the state as provided in this subsection.

15         (a)  Twenty percent of the total funds collected under

16  this subsection shall be distributed to verified trauma

17  centers located in a region that has a local funding

18  contribution as of December 31. Distribution of funds under

19  this paragraph shall be based on trauma caseload volume.

20         (b)  Forty percent of the total funds collected under

21  this subsection shall be distributed to verified trauma

22  centers based on trauma caseload volume of the previous

23  calendar year. The determination of caseload volume for

24  distribution of funds under this paragraph shall be based on

25  the department's Trauma Registry data.

26         (c)  Forty percent of the total funds collected under

27  this subsection shall be distributed to verified trauma

28  centers based on severity of trauma patients. The

29  determination of severity for distribution of funds under this

30  paragraph shall be based on the department's Injury Severity

31  Scores, weighted based on scores of 1-14 and 15 plus.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1264
    596-1930-05




 1         (2)(a)  Any trauma center not subject to audit under s.

 2  215.97 shall annually attest, under penalties of perjury, that

 3  such proceeds were used in compliance with law. The annual

 4  attestation shall be made in a form and format determined by

 5  the department. The annual attestation shall be submitted to

 6  the department for review within 9 months after the end of the

 7  organization's fiscal year.

 8         (b)  Any trauma center subject to audit under s. 215.97

 9  shall submit an audit report in accordance with rules adopted

10  by the Auditor General.

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

12  Care Administration, shall maximize resources for trauma

13  services wherever possible.

14         Section 8.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1264

19                                 

20  The CS includes references to s. 316.074(1), F.S., which was
    inadvertently omitted, but also applies to traffic control
21  devices. The CS also provides the uniform traffic citation
    form is to include a box to be checked by law enforcement
22  officers when citing a person for a violation of s.
    316.074(1), F.S. In addition, the CS corrects a cross
23  reference relating to assessment of points for litter
    violations.
24  

25  

26  

27  

28  

29  

30  

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.