Senate Bill sb2516

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    Florida Senate - 2005                                  SB 2516

    By Senator Constantine





    22-290A-05

  1                      A bill to be entitled

  2         An act relating to state uniform traffic

  3         control; amending s. 318.18, F.S.; increasing

  4         the fines imposed for failing to obey a

  5         traffic-control device and for a moving

  6         violation of a traffic control signal steady

  7         red indication; amending ss. 142.01 and

  8         318.121, F.S., relating to court costs;

  9         conforming cross-references; amending s.

10         318.21, F.S.; providing for the disposition of

11         such fines; creating s. 395.4036, F.S.;

12         providing for the distribution of funds to

13         trauma centers; providing for audits and

14         attestations; providing an effective date.

15  

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

17  

18         Section 1.  Present subsections (11) through (13) of

19  section 318.18, Florida Statutes, are redesignated as

20  subsections (12) through (14) respectively, and new

21  subsections (11) and (15) are added to that section to read:

22         318.18  Amount of civil penalties.--The penalties

23  required for a noncriminal disposition pursuant to s. 318.14

24  are as follows:

25         (11)  One hundred twenty-five dollars for a violation

26  of s. 316.074(1).

27         (15)  One hundred twenty-five dollars for a violation

28  of s. 316.075(1)(c)1., of which $60 shall be distributed as

29  provided in s. 318.21 and the remaining $65 shall be remitted

30  to the Department of Revenue for deposit into the

31  Administrative Trust Fund of the Department of Health.

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    Florida Senate - 2005                                  SB 2516
    22-290A-05




 1         Section 2.  Section 142.01, Florida Statutes, is

 2  amended to read:

 3         142.01  Trauma center Fine and forfeiture fund; clerk

 4  of the circuit court.--There shall be established by the clerk

 5  of the circuit court in each county of this state a separate

 6  fund to be known as the trauma center fine and forfeiture fund

 7  for use by hospital trauma centers the clerk of the circuit

 8  court in treating motor vehicle crash victims performing

 9  court-related functions. The fund shall consist of the

10  following:

11         (1)  Fines and penalties pursuant to ss. 28.2402(2),

12  34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).

13         (2)  That portion of civil penalties directed to this

14  fund pursuant to s. 318.21.

15         (3)  Court costs pursuant to ss. 28.2402(1)(b),

16  34.045(1)(b), 318.14(10)(b), 318.18(12)(a) 318.18(11)(a),

17  327.73(9)(a) and (11)(a), and 938.05(3).

18         (4)  Proceeds from forfeited bail bonds or

19  recognizances pursuant to ss. 321.05(4)(a), 372.72(1), and

20  903.26(3)(a).

21         (5)  Fines and forfeitures pursuant to s. 34.191.

22         (6)  All other revenues received by the clerk as

23  revenue authorized by law to be retained by the clerk.

24  

25  Notwithstanding the provisions of this section, all fines and

26  forfeitures arising from operation of the provisions of s.

27  318.1215 shall be disbursed in accordance with that section.

28         Section 3.  Section 318.121, Florida Statutes, is

29  amended to read:

30         318.121  Preemption of additional fees, fines,

31  surcharges, and costs.--Notwithstanding any general or special

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    Florida Senate - 2005                                  SB 2516
    22-290A-05




 1  law, or municipal or county ordinance, additional fees, fines,

 2  surcharges, or costs other than the court costs assessed under

 3  s. 318.18(12) s. 318.18(11) may not be added to the civil

 4  traffic penalties assessed in this chapter.

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

 6  Florida Statutes, to read:

 7         318.21  Disposition of civil penalties by county

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

 9  pursuant to the provisions of this chapter shall be

10  distributed and paid monthly as follows:

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

12  318.18(15), $65 shall be remitted to the Department of Revenue

13  for deposit into the Administrative Trust Fund of the

14  Department of Health and the remaining $60 shall be

15  distributed pursuant to subsections (1) and (2).

16         Section 5.  Section 395.4036, Florida Statutes, is

17  created to read:

18         395.4036  Trauma payments.--

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

20  provide financial support to the current verified trauma

21  centers and to provide incentives for the establishment of

22  additional trauma centers as part of a system of

23  state-sponsored trauma centers, the department shall utilize

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

25  Administrative Trust Fund of the department to ensure the

26  availability and accessibility of trauma services throughout

27  the state as provided in this subsection.

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

29  this subsection shall be distributed to verified trauma

30  centers located in a region that has a local funding

31  

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    Florida Senate - 2005                                  SB 2516
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 1  contribution as of December 31. Distribution of funds under

 2  this paragraph shall be based on trauma caseload volume.

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

 4  this subsection shall be distributed to verified trauma

 5  centers based on trauma caseload volume of the previous

 6  calendar year. The determination of caseload volume for

 7  distribution of funds under this paragraph shall be based on

 8  the department's Trauma Registry data.

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

10  this subsection shall be distributed to verified trauma

11  centers based on severity of trauma patients. The

12  determination of severity for distribution of funds under this

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

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

15         (2)(a)  Any trauma center not subject to audit pursuant

16  to s. 215.97 shall annually attest, under penalties of

17  perjury, that such proceeds were used in compliance with law.

18  The annual attestation shall be made in a form and format

19  determined by the department.

20         (b)  Any trauma center subject to audit pursuant to s.

21  215.97 shall submit an audit report in accordance with rules

22  adopted by the Auditor General. The annual attestation shall

23  be submitted to the department for review within 9 months

24  after the end of the organization's fiscal year.

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

26  Care Administration, shall maximize resources for trauma

27  services wherever possible.

28         Section 6.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 2516
    22-290A-05




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 2                          SENATE SUMMARY

 3    Increases the fines for certain traffic-control device
      violations. Provides for certain court costs to be used
 4    to fund trauma centers and establishes requirements for
      the distribution of such funds.
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