HB 0497

1
A bill to be entitled
2An act relating to highway safety; creating the Anjelica
3and Victoria Velez Memorial Traffic Safety Act; amending
4s. 318.18, F.S.; revising penalty for moving violation of
5traffic control signal steady red indication; providing
6for distribution of moneys collected; amending s. 318.21,
7F.S.; providing for distribution of specified civil
8penalties; amending s. 322.0261, F.S.; requiring driver
9improvement course for a second moving violation of
10traffic control signal steady red indication within a
11specified time period; providing penalty for failure to
12complete said course within a specified time period;
13amending s. 322.27, F.S.; assigning point value for
14conviction of moving violation of traffic control signal
15steady red indication; creating s. 395.4036, F.S.;
16providing for distribution of funds to trauma centers;
17providing for audits and attestations; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act may be cited as the "Anjelica and
23Victoria Velez Memorial Traffic Safety Act."
24     Section 2.  Subsection (14) is added to section 318.18,
25Florida Statutes, to read:
26     318.18  Amount of civil penalties.--The penalties required
27for a noncriminal disposition pursuant to s. 318.14 are as
28follows:
29     (14)  One hundred twenty-five dollars for a violation of s.
30316.075(1)(c)1., of which $60 shall be distributed as provided
31in s. 318.21 and the remaining $65 shall be remitted to the
32Department of Revenue for deposit into the Administrative Trust
33Fund of the Department of Health.
34     Section 3.  Subsection (13) is added to section 318.21,
35Florida Statutes, to read:
36     318.21  Disposition of civil penalties by county
37courts.--All civil penalties received by a county court pursuant
38to the provisions of this chapter shall be distributed and paid
39monthly as follows:
40     (13)  Of the proceeds from the fine under s. 318.18(14),
41$65 shall be remitted to the Department of Revenue for deposit
42into the Administrative Trust Fund of the Department of Health
43and the remaining $60 shall be distributed pursuant to
44subsections (1) and (2).
45     Section 4.  Section 322.0261, Florida Statutes, is amended
46to read:
47     322.0261  Mandatory Driver improvement course; requirement
48to maintain driving privileges; failure to complete; department
49approval of course certain crashes.--
50     (1)  The department shall screen crash reports received
51under s. 316.066 or s. 324.051 to identify crashes involving the
52following:
53     (a)  A crash involving death or a bodily injury requiring
54transport to a medical facility; or
55     (b)  A second crash by the same operator within the
56previous 2-year period involving property damage in an apparent
57amount of at least $500.
58     (2)  With respect to an operator convicted of, or who
59pleaded nolo contendere to, a traffic offense giving rise to a
60crash identified pursuant to subsection (1), the department
61shall require that the operator, in addition to other applicable
62penalties, attend a department-approved departmentally approved
63driver improvement course in order to maintain driving
64privileges. If the operator fails to complete the course within
6590 days of receiving notice from the department, the operator's
66driver's license shall be canceled by the department until the
67course is successfully completed.
68     (3)  The department shall identify any operator convicted
69of, or who pleaded nolo contendere to, a second violation of s.
70316.075(1)(c)1., which violation occurred within 12 months after
71the first violation, and shall require that operator, in
72addition to other applicable penalties, to attend a department-
73approved driver improvement course in order to maintain driving
74privileges. If the operator fails to complete the course within
7590 days after receiving notice from the department, the
76operator's driver license shall be canceled by the department
77until the course is successfully completed.
78     (4)(3)  In determining whether to approve a driver
79improvement course for the purposes of this section, the
80department shall consider course content designed to promote
81safety, driver awareness, crash avoidance techniques, and other
82factors or criteria to improve driver performance from a safety
83viewpoint.
84     Section 5.  Paragraph (d) of subsection (3) of section
85322.27, Florida Statutes, is amended to read:
86     322.27  Authority of department to suspend or revoke
87license.--
88     (3)  There is established a point system for evaluation of
89convictions of violations of motor vehicle laws or ordinances,
90and violations of applicable provisions of s. 403.413(6)(b) when
91such violations involve the use of motor vehicles, for the
92determination of the continuing qualification of any person to
93operate a motor vehicle. The department is authorized to suspend
94the license of any person upon showing of its records or other
95good and sufficient evidence that the licensee has been
96convicted of violation of motor vehicle laws or ordinances, or
97applicable provisions of s. 403.413(6)(b), amounting to 12 or
98more points as determined by the point system. The suspension
99shall be for a period of not more than 1 year.
100     (d)  The point system shall have as its basic element a
101graduated scale of points assigning relative values to
102convictions of the following violations:
103     1.  Reckless driving, willful and wanton--4 points.
104     2.  Leaving the scene of a crash resulting in property
105damage of more than $50--6 points.
106     3.  Unlawful speed resulting in a crash--6 points.
107     4.  Passing a stopped school bus--4 points.
108     5.  Unlawful speed:
109     a.  Not in excess of 15 miles per hour of lawful or posted
110speed--3 points.
111     b.  In excess of 15 miles per hour of lawful or posted
112speed--4 points.
113     6.  A violation of a traffic control signal device as
114provided in s. 316.075(1)(c)1.--4 points.
115     7.6.  All other moving violations (including parking on a
116highway outside the limits of a municipality)--3 points.
117However, no points shall be imposed for a violation of s.
118316.0741 or s. 316.2065(12).
119     8.7.  Any moving violation covered above, excluding
120unlawful speed, resulting in a crash--4 points.
121     9.8.  Any conviction under s. 403.413(5)(b)--3 points.
122     Section 6.  Section 395.4036, Florida Statutes, is created
123to read:
124     395.4036  Trauma payments.--
125     (1)  Recognizing the Legislature's stated intent to provide
126financial support to the current verified trauma centers and to
127provide incentives for the establishment of additional trauma
128centers as part of a system of state-sponsored trauma centers,
129the department shall utilize funds collected under s. 318.18(14)
130and deposited into the Administrative Trust Fund of the
131department to ensure the availability and accessibility of
132trauma services throughout the state as provided in this
133subsection.
134     (a)  Twenty percent of the total funds collected under this
135subsection shall be distributed to verified trauma centers
136located in a region that has a local funding contribution as of
137December 31. Distribution of funds under this paragraph shall be
138based on trauma caseload volume.
139     (b)  Forty percent of the total funds collected under this
140subsection shall be distributed to verified trauma centers based
141on trauma caseload volume of the previous calendar year. The
142determination of caseload volume for distribution of funds under
143this paragraph shall be based on the department's Trauma
144Registry data.
145     (c)  Forty percent of the total funds collected under this
146subsection shall be distributed to verified trauma centers based
147on severity of trauma patients. The determination of severity
148for distribution of funds under this paragraph shall be based on
149the department's Injury Severity Scores, weighted based on
150scores of 1-14 and 15 plus.
151     (2)(a)  Any trauma center not subject to audit pursuant to
152s. 215.97 shall annually attest, under penalties of perjury,
153that such proceeds were used in compliance with law. The annual
154attestation shall be made in a form and format determined by the
155department.
156     (b)  Any trauma center subject to audit pursuant to s.
157215.97 shall submit an audit report in accordance with rules
158adopted by the Auditor General. The annual attestation shall be
159submitted to the department for review within 9 months after the
160end of the organization's fiscal year.
161     (3)  The department, working with the Agency for Health
162Care Administration, shall maximize resources for trauma
163services wherever possible.
164     Section 7.  This act shall take effect upon becoming a law.


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