1 | The Transportation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to highway safety; creating the Anjelica |
7 | and Victoria Velez Memorial Traffic Safety Act; amending |
8 | s. 318.18, F.S.; revising the penalty for a moving |
9 | violation of a traffic control device or traffic control |
10 | signal steady red indication; providing for distribution |
11 | of moneys collected; amending s. 318.21, F.S.; providing |
12 | for distribution of specified civil penalties; amending s. |
13 | 322.0261, F.S.; requiring the Department of Highway Safety |
14 | and Motor Vehicles to identify a person who has committed |
15 | a second moving violation of a traffic control device or |
16 | traffic control signal steady red indication within a |
17 | specified time period and require such person to complete |
18 | a driver improvement course; providing for cancellation of |
19 | license for failure to complete said course within a |
20 | specified time period; amending s. 322.27, F.S.; assigning |
21 | a point value for the conviction of a moving violation of |
22 | a traffic control device or traffic control signal steady |
23 | red indication; creating s. 395.4036, F.S.; providing for |
24 | distribution of funds to trauma centers; providing for |
25 | audits and attestations; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. This act may be cited as the "Anjelica and |
30 | Victoria Velez Memorial Traffic Safety Act." |
31 | Section 2. Subsection (14) is added to section 318.18, |
32 | Florida Statutes, to read: |
33 | 318.18 Amount of civil penalties.--The penalties required |
34 | for a noncriminal disposition pursuant to s. 318.14 are as |
35 | follows: |
36 | (14) One hundred twenty-five dollars for a violation of s. |
37 | 316.074(1) or s. 316.075(1)(c)1., of which $60 shall be |
38 | distributed as provided in s. 318.21 and the remaining $65 shall |
39 | be remitted to the Department of Revenue for deposit into the |
40 | Administrative Trust Fund of the Department of Health. |
41 | Section 3. Subsection (13) is added to section 318.21, |
42 | Florida Statutes, to read: |
43 | 318.21 Disposition of civil penalties by county |
44 | courts.--All civil penalties received by a county court pursuant |
45 | to the provisions of this chapter shall be distributed and paid |
46 | monthly as follows: |
47 | (13) Of the proceeds from the fine under s. 318.18(14), |
48 | $65 shall be remitted to the Department of Revenue for deposit |
49 | into the Administrative Trust Fund of the Department of Health |
50 | and the remaining $60 shall be distributed pursuant to |
51 | subsections (1) and (2). |
52 | Section 4. Section 322.0261, Florida Statutes, is amended |
53 | to read: |
54 | 322.0261 Mandatory Driver improvement course; requirement |
55 | to maintain driving privileges; failure to complete; department |
56 | approval of course certain crashes.-- |
57 | (1) The department shall screen crash reports received |
58 | under s. 316.066 or s. 324.051 to identify crashes involving the |
59 | following: |
60 | (a) A crash involving death or a bodily injury requiring |
61 | transport to a medical facility; or |
62 | (b) A second crash by the same operator within the |
63 | previous 2-year period involving property damage in an apparent |
64 | amount of at least $500. |
65 | (2) With respect to an operator convicted of, or who |
66 | pleaded nolo contendere to, a traffic offense giving rise to a |
67 | crash identified pursuant to subsection (1), the department |
68 | shall require that the operator, in addition to other applicable |
69 | penalties, attend a department-approved departmentally approved |
70 | driver improvement course in order to maintain driving |
71 | privileges. If the operator fails to complete the course within |
72 | 90 days of receiving notice from the department, the operator's |
73 | driver's license shall be canceled by the department until the |
74 | course is successfully completed. |
75 | (3) The department shall identify any operator convicted |
76 | of, or who pleaded nolo contendere to, a second violation of s. |
77 | 316.074(1) or s. 316.075(1)(c)1., which violation occurred |
78 | within 12 months after the first violation, and shall require |
79 | that operator, in addition to other applicable penalties, to |
80 | attend a department-approved driver improvement course in order |
81 | to maintain driving privileges. If the operator fails to |
82 | complete the course within 90 days after receiving notice from |
83 | the department, the operator's driver license shall be canceled |
84 | by the department until the course is successfully completed. |
85 | (4)(3) In determining whether to approve a driver |
86 | improvement course for the purposes of this section, the |
87 | department shall consider course content designed to promote |
88 | safety, driver awareness, crash avoidance techniques, and other |
89 | factors or criteria to improve driver performance from a safety |
90 | viewpoint. |
91 | Section 5. Paragraph (d) of subsection (3) of section |
92 | 322.27, Florida Statutes, is amended to read: |
93 | 322.27 Authority of department to suspend or revoke |
94 | license.-- |
95 | (3) There is established a point system for evaluation of |
96 | convictions of violations of motor vehicle laws or ordinances, |
97 | and violations of applicable provisions of s. 403.413(6)(b) when |
98 | such violations involve the use of motor vehicles, for the |
99 | determination of the continuing qualification of any person to |
100 | operate a motor vehicle. The department is authorized to suspend |
101 | the license of any person upon showing of its records or other |
102 | good and sufficient evidence that the licensee has been |
103 | convicted of violation of motor vehicle laws or ordinances, or |
104 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
105 | more points as determined by the point system. The suspension |
106 | shall be for a period of not more than 1 year. |
107 | (d) The point system shall have as its basic element a |
108 | graduated scale of points assigning relative values to |
109 | convictions of the following violations: |
110 | 1. Reckless driving, willful and wanton--4 points. |
111 | 2. Leaving the scene of a crash resulting in property |
112 | damage of more than $50--6 points. |
113 | 3. Unlawful speed resulting in a crash--6 points. |
114 | 4. Passing a stopped school bus--4 points. |
115 | 5. Unlawful speed: |
116 | a. Not in excess of 15 miles per hour of lawful or posted |
117 | speed--3 points. |
118 | b. In excess of 15 miles per hour of lawful or posted |
119 | speed--4 points. |
120 | 6. A violation of a traffic control signal device as |
121 | provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. |
122 | 7.6. All other moving violations (including parking on a |
123 | highway outside the limits of a municipality)--3 points. |
124 | However, no points shall be imposed for a violation of s. |
125 | 316.0741 or s. 316.2065(12). |
126 | 8.7. Any moving violation covered above, excluding |
127 | unlawful speed, resulting in a crash--4 points. |
128 | 9.8. Any conviction under s. 403.413(5)(b)--3 points. |
129 | Section 6. Section 395.4036, Florida Statutes, is created |
130 | to read: |
131 | 395.4036 Trauma payments.-- |
132 | (1) Recognizing the Legislature's stated intent to provide |
133 | financial support to the current verified trauma centers and to |
134 | provide incentives for the establishment of additional trauma |
135 | centers as part of a system of state-sponsored trauma centers, |
136 | the department shall utilize funds collected under s. 318.18(14) |
137 | and deposited into the Administrative Trust Fund of the |
138 | department to ensure the availability and accessibility of |
139 | trauma services throughout the state as provided in this |
140 | subsection. |
141 | (a) Twenty percent of the total funds collected under this |
142 | subsection shall be distributed to verified trauma centers |
143 | located in a region that has a local funding contribution as of |
144 | December 31. Distribution of funds under this paragraph shall be |
145 | based on trauma caseload volume. |
146 | (b) Forty percent of the total funds collected under this |
147 | subsection shall be distributed to verified trauma centers based |
148 | on trauma caseload volume of the previous calendar year. The |
149 | determination of caseload volume for distribution of funds under |
150 | this paragraph shall be based on the department's Trauma |
151 | Registry data. |
152 | (c) Forty percent of the total funds collected under this |
153 | subsection shall be distributed to verified trauma centers based |
154 | on severity of trauma patients. The determination of severity |
155 | for distribution of funds under this paragraph shall be based on |
156 | the department's Injury Severity Scores, weighted based on |
157 | scores of 1-14 and 15 plus. |
158 | (2)(a) Any trauma center not subject to audit pursuant to |
159 | s. 215.97 shall annually attest, under penalties of perjury, |
160 | that such proceeds were used in compliance with law. The annual |
161 | attestation shall be made in a form and format determined by the |
162 | department. The annual attestation shall be submitted to the |
163 | department for review within 9 months after the end of the |
164 | organization's fiscal year. |
165 | (b) Any trauma center subject to audit pursuant to s. |
166 | 215.97 shall submit an audit report in accordance with rules |
167 | adopted by the Auditor General. |
168 | (3) The department, working with the Agency for Health |
169 | Care Administration, shall maximize resources for trauma |
170 | services wherever possible. |
171 | Section 7. This act shall take effect October 1, 2005. |