Senate Bill sb1264c2
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Florida Senate - 2005 CS for CS for SB 1264
By the Committees on Health and Human Services Appropriations;
Transportation; and Senators Saunders, Fasano and Constantine
603-2306-05
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; authorizing trauma
27 centers to request that such funds be used as
28 intergovernmental transfer funds in the
29 Medicaid program; providing for audits and
30 attestations; providing an appropriation;
31 providing an effective date.
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Florida Senate - 2005 CS for CS for SB 1264
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. This act may be cited as the "Anjelica and
4 Victoria Velez Memorial Traffic Safety Act."
5 Section 2. Paragraph (a) of subsection (1) of section
6 316.650, Florida Statutes, is amended to read:
7 316.650 Traffic citations.--
8 (1)(a) The department shall prepare, and supply to
9 every traffic enforcement agency in this state, an appropriate
10 form traffic citation containing a notice to appear (which
11 shall be issued in prenumbered books with citations in
12 quintuplicate) and meeting the requirements of this chapter or
13 any laws of this state regulating traffic, which form shall be
14 consistent with the state traffic court rules and the
15 procedures established by the department. Upon all future
16 printings of the traffic citation, the form shall include a
17 special box which is to be checked by the law enforcement
18 officer when the officer believes that the traffic violation
19 or crash was due to aggressive careless driving as defined in
20 s. 316.1923. The form shall also include a special box that is
21 to be checked by the law enforcement officer when the officer
22 writes a uniform traffic citation for a violation of s.
23 316.074(1) as a result of the driver failing to stop at a
24 traffic signal.
25 Section 3. Subsection (14) is added to section 318.18,
26 Florida Statutes, to read:
27 318.18 Amount of civil penalties.--The penalties
28 required for a noncriminal disposition pursuant to s. 318.14
29 are as follows:
30 (14) One hundred twenty-five dollars for a violation
31 of s. 316.074(1) or s. 316.075(1)(c)1., when a driver has
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1 failed to stop at a traffic signal, of which $60 shall be
2 distributed as provided in s. 318.21 and the remaining $65
3 shall be remitted to the Department of Revenue for deposit
4 into the Grants and Donations Trust Fund of the Agency for
5 Health Care Administration.
6 Section 4. Subsection (13) is added to section 318.21,
7 Florida Statutes, to read:
8 318.21 Disposition of civil penalties by county
9 courts.--All civil penalties received by a county court
10 pursuant to the provisions of this chapter shall be
11 distributed and paid monthly as follows:
12 (13) Of the proceeds from the fine under s.
13 318.18(14), $65 shall be remitted to the Department of Revenue
14 for deposit into the Administrative Trust Fund of the Agency
15 for Health Care Administration, and the remaining $60 shall be
16 distributed under subsections (1) and (2).
17 Section 5. Section 322.0261, Florida Statutes, is
18 amended to read:
19 322.0261 Mandatory Driver improvement course;
20 requirement to maintain driving privileges; failure to
21 complete; department approval of course certain crashes.--
22 (1) The department shall screen crash reports received
23 under s. 316.066 or s. 324.051 to identify crashes involving
24 the following:
25 (a) A crash involving death or a bodily injury
26 requiring transport to a medical facility; or
27 (b) A second crash by the same operator within the
28 previous 2-year period involving property damage in an
29 apparent amount of at least $500.
30 (2) With respect to an operator convicted of, or who
31 pleaded nolo contendere to, a traffic offense giving rise to a
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1 crash identified pursuant to subsection (1), the department
2 shall require that the operator, in addition to other
3 applicable penalties, attend a department-approved
4 departmentally approved driver improvement course in order to
5 maintain driving privileges. If the operator fails to complete
6 the course within 90 days of receiving notice from the
7 department, the operator's driver's license shall be canceled
8 by the department until the course is successfully completed.
9 (3) The department shall identify any operator
10 convicted of, or who has pleaded nolo contendere to, a second
11 violation of s. 316.074(1) or s. 316.075(1)(c)1., which
12 violation occurred within 12 months after the first violation,
13 and shall require that operator, in addition to other
14 applicable penalties, to attend a department-approved driver
15 improvement course in order to maintain driving privileges. If
16 the operator fails to complete the course within 90 days after
17 receiving notice from the department, the operator's driver's
18 license shall be canceled by the department until the course
19 is successfully completed.
20 (4)(3) In determining whether to approve a driver
21 improvement course for the purposes of this section, the
22 department shall consider course content designed to promote
23 safety, driver awareness, crash avoidance techniques, and
24 other factors or criteria to improve driver performance from a
25 safety viewpoint.
26 Section 6. Paragraph (d) of subsection (3) of section
27 322.27, Florida Statutes, is amended to read:
28 322.27 Authority of department to suspend or revoke
29 license.--
30 (3) There is established a point system for evaluation
31 of convictions of violations of motor vehicle laws or
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1 ordinances, and violations of applicable provisions of s.
2 403.413(6)(b) when such violations involve the use of motor
3 vehicles, for the determination of the continuing
4 qualification of any person to operate a motor vehicle. The
5 department is authorized to suspend the license of any person
6 upon showing of its records or other good and sufficient
7 evidence that the licensee has been convicted of violation of
8 motor vehicle laws or ordinances, or applicable provisions of
9 s. 403.413(6)(b), amounting to 12 or more points as determined
10 by the point system. The suspension shall be for a period of
11 not more than 1 year.
12 (d) The point system shall have as its basic element a
13 graduated scale of points assigning relative values to
14 convictions of the following violations:
15 1. Reckless driving, willful and wanton--4 points.
16 2. Leaving the scene of a crash resulting in property
17 damage of more than $50--6 points.
18 3. Unlawful speed resulting in a crash--6 points.
19 4. Passing a stopped school bus--4 points.
20 5. Unlawful speed:
21 a. Not in excess of 15 miles per hour of lawful or
22 posted speed--3 points.
23 b. In excess of 15 miles per hour of lawful or posted
24 speed--4 points.
25 6. A violation of a traffic control signal device as
26 provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
27 7.6. All other moving violations (including parking on
28 a highway outside the limits of a municipality)--3 points.
29 However, no points shall be imposed for a violation of s.
30 316.0741 or s. 316.2065(12).
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1 8.7. Any moving violation covered above, excluding
2 unlawful speed, resulting in a crash--4 points.
3 9.8. Any conviction under s. 403.413(6)(b) s.
4 403.413(5)(b)--3 points.
5 Section 7. Section 395.4036, Florida Statutes, is
6 created to read:
7 395.4036 Trauma payments.--
8 (1) Recognizing the Legislature's stated intent to
9 provide financial support to the current verified trauma
10 centers and to provide incentives for the establishment of
11 additional trauma centers as part of a system of
12 state-sponsored trauma centers, the Agency for Health Care
13 Administration shall use funds collected under s. 318.18(14)
14 and deposited into the Grants and Donations Trust Fund to
15 ensure the availability and accessibility of trauma services
16 throughout the state as provided in this subsection.
17 (a) Twenty percent of the total funds collected under
18 this subsection shall be distributed to verified trauma
19 centers located in a region that has a local funding
20 contribution of $250,000 or more as of December 31.
21 Distribution of funds under this paragraph shall be based on
22 trauma caseload volume.
23 (b) Forty percent of the total funds collected under
24 this subsection shall be distributed to verified trauma
25 centers based on trauma caseload volume of the previous
26 calendar year. The determination of caseload volume for
27 distribution of funds under this paragraph shall be based on
28 the department's Trauma Registry data.
29 (c) Forty percent of the total funds collected under
30 this subsection shall be distributed to verified trauma
31 centers based on severity of trauma patients. The
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1 determination of severity for distribution of funds under this
2 paragraph shall be based on the department's Injury Severity
3 Scores, weighted based on scores of 1-14 and 15 plus.
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5 Trauma centers may request that their distributions from the
6 Administrative Trust Fund be used as intergovernmental
7 transfer funds in the Medicaid program.
8 (2)(a) Any trauma center not subject to audit under s.
9 215.97 shall annually attest, under penalties of perjury, that
10 such proceeds were used in compliance with law. The annual
11 attestation shall be made in a form and format determined by
12 the department. The annual attestation shall be submitted to
13 the department for review within 9 months after the end of the
14 organization's fiscal year.
15 (b) Any trauma center subject to audit under s. 215.97
16 shall submit an audit report in accordance with rules adopted
17 by the Auditor General.
18 (3) The department, working with the Agency for Health
19 Care Administration, shall maximize resources for trauma
20 services wherever possible. Total payments to trauma centers
21 that use revenues from the Grants and Donations Trust Fund
22 shall be distributed to the extent possible, in a manner which
23 is the same proportion as set forth in s. 395.4036(1).
24 Section 8. There is appropriated $7.5 million to the
25 Grants and Donations Trust Fund in the Agency for Health Care
26 Administration to provide funding for trauma centers in
27 accordance with this act.
28 Section 9. This act shall take effect upon becoming a
29 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
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- Authorizes trauma centers to request that their
5 distributions from the Administrative Trust Fund be used
as intergovernmental transfer funds in the Medicaid
6 program.
7 - Provides that funds will be deposited into the Grants and
Donations Trust Fund in the Agency for Health Care
8 Administration.
9 - Provides that twenty percent of the funds collected will
be distributed to trauma centers in a region that has a
10 local funding contribution of $250,000 or more.
11 - Provides for a $7.5 million appropriation to the Grants
and Donations Trust Fund in the Agency for Health Care
12 Administration.
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