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
    603-2306-05




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

 2  

 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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    Florida Senate - 2005                    CS for CS for SB 1264
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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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    Florida Senate - 2005                    CS for CS for SB 1264
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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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    Florida Senate - 2005                    CS for CS for SB 1264
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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).

31  

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    Florida Senate - 2005                    CS for CS for SB 1264
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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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    Florida Senate - 2005                    CS for CS for SB 1264
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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.

 4  

 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.

30  

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    Florida Senate - 2005                    CS for CS for SB 1264
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 1264

 3                                 

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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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