HB 0497CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to highway safety; creating the Anjelica
7and Victoria Velez Memorial Traffic Safety Act; amending
8s. 318.18, F.S.; revising the penalty for a moving
9violation of a traffic control device or traffic control
10signal steady red indication; providing for distribution
11of moneys collected; amending s. 318.21, F.S.; providing
12for distribution of specified civil penalties; amending s.
13322.0261, F.S.; requiring the Department of Highway Safety
14and Motor Vehicles to identify a person who has committed
15a second moving violation of a traffic control device or
16traffic control signal steady red indication within a
17specified time period and require such person to complete
18a driver improvement course; providing for cancellation of
19license for failure to complete said course within a
20specified time period; amending s. 322.27, F.S.; assigning
21a point value for the conviction of a moving violation of
22a traffic control device or traffic control signal steady
23red indication; creating s. 395.4036, F.S.; providing for
24distribution of funds to trauma centers; providing for
25audits and attestations; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  This act may be cited as the "Anjelica and
30Victoria Velez Memorial Traffic Safety Act."
31     Section 2.  Subsection (14) is added to section 318.18,
32Florida Statutes, to read:
33     318.18  Amount of civil penalties.--The penalties required
34for a noncriminal disposition pursuant to s. 318.14 are as
35follows:
36     (14)  One hundred twenty-five dollars for a violation of s.
37316.074(1) or s. 316.075(1)(c)1., of which $60 shall be
38distributed as provided in s. 318.21 and the remaining $65 shall
39be remitted to the Department of Revenue for deposit into the
40Administrative Trust Fund of the Department of Health.
41     Section 3.  Subsection (13) is added to section 318.21,
42Florida Statutes, to read:
43     318.21  Disposition of civil penalties by county
44courts.--All civil penalties received by a county court pursuant
45to the provisions of this chapter shall be distributed and paid
46monthly 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
49into the Administrative Trust Fund of the Department of Health
50and the remaining $60 shall be distributed pursuant to
51subsections (1) and (2).
52     Section 4.  Section 322.0261, Florida Statutes, is amended
53to read:
54     322.0261  Mandatory Driver improvement course; requirement
55to maintain driving privileges; failure to complete; department
56approval of course certain crashes.--
57     (1)  The department shall screen crash reports received
58under s. 316.066 or s. 324.051 to identify crashes involving the
59following:
60     (a)  A crash involving death or a bodily injury requiring
61transport to a medical facility; or
62     (b)  A second crash by the same operator within the
63previous 2-year period involving property damage in an apparent
64amount of at least $500.
65     (2)  With respect to an operator convicted of, or who
66pleaded nolo contendere to, a traffic offense giving rise to a
67crash identified pursuant to subsection (1), the department
68shall require that the operator, in addition to other applicable
69penalties, attend a department-approved departmentally approved
70driver improvement course in order to maintain driving
71privileges. If the operator fails to complete the course within
7290 days of receiving notice from the department, the operator's
73driver's license shall be canceled by the department until the
74course is successfully completed.
75     (3)  The department shall identify any operator convicted
76of, or who pleaded nolo contendere to, a second violation of s.
77316.074(1) or s. 316.075(1)(c)1., which violation occurred
78within 12 months after the first violation, and shall require
79that operator, in addition to other applicable penalties, to
80attend a department-approved driver improvement course in order
81to maintain driving privileges. If the operator fails to
82complete the course within 90 days after receiving notice from
83the department, the operator's driver license shall be canceled
84by the department until the course is successfully completed.
85     (4)(3)  In determining whether to approve a driver
86improvement course for the purposes of this section, the
87department shall consider course content designed to promote
88safety, driver awareness, crash avoidance techniques, and other
89factors or criteria to improve driver performance from a safety
90viewpoint.
91     Section 5.  Paragraph (d) of subsection (3) of section
92322.27, Florida Statutes, is amended to read:
93     322.27  Authority of department to suspend or revoke
94license.--
95     (3)  There is established a point system for evaluation of
96convictions of violations of motor vehicle laws or ordinances,
97and violations of applicable provisions of s. 403.413(6)(b) when
98such violations involve the use of motor vehicles, for the
99determination of the continuing qualification of any person to
100operate a motor vehicle. The department is authorized to suspend
101the license of any person upon showing of its records or other
102good and sufficient evidence that the licensee has been
103convicted of violation of motor vehicle laws or ordinances, or
104applicable provisions of s. 403.413(6)(b), amounting to 12 or
105more points as determined by the point system. The suspension
106shall be for a period of not more than 1 year.
107     (d)  The point system shall have as its basic element a
108graduated scale of points assigning relative values to
109convictions of the following violations:
110     1.  Reckless driving, willful and wanton--4 points.
111     2.  Leaving the scene of a crash resulting in property
112damage 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
117speed--3 points.
118     b.  In excess of 15 miles per hour of lawful or posted
119speed--4 points.
120     6.  A violation of a traffic control signal device as
121provided 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
123highway outside the limits of a municipality)--3 points.
124However, no points shall be imposed for a violation of s.
125316.0741 or s. 316.2065(12).
126     8.7.  Any moving violation covered above, excluding
127unlawful 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
130to read:
131     395.4036  Trauma payments.--
132     (1)  Recognizing the Legislature's stated intent to provide
133financial support to the current verified trauma centers and to
134provide incentives for the establishment of additional trauma
135centers as part of a system of state-sponsored trauma centers,
136the department shall utilize funds collected under s. 318.18(14)
137and deposited into the Administrative Trust Fund of the
138department to ensure the availability and accessibility of
139trauma services throughout the state as provided in this
140subsection.
141     (a)  Twenty percent of the total funds collected under this
142subsection shall be distributed to verified trauma centers
143located in a region that has a local funding contribution as of
144December 31. Distribution of funds under this paragraph shall be
145based on trauma caseload volume.
146     (b)  Forty percent of the total funds collected under this
147subsection shall be distributed to verified trauma centers based
148on trauma caseload volume of the previous calendar year. The
149determination of caseload volume for distribution of funds under
150this paragraph shall be based on the department's Trauma
151Registry data.
152     (c)  Forty percent of the total funds collected under this
153subsection shall be distributed to verified trauma centers based
154on severity of trauma patients. The determination of severity
155for distribution of funds under this paragraph shall be based on
156the department's Injury Severity Scores, weighted based on
157scores of 1-14 and 15 plus.
158     (2)(a)  Any trauma center not subject to audit pursuant to
159s. 215.97 shall annually attest, under penalties of perjury,
160that such proceeds were used in compliance with law. The annual
161attestation shall be made in a form and format determined by the
162department. The annual attestation shall be submitted to the
163department for review within 9 months after the end of the
164organization's fiscal year.
165     (b)  Any trauma center subject to audit pursuant to s.
166215.97 shall submit an audit report in accordance with rules
167adopted by the Auditor General.
168     (3)  The department, working with the Agency for Health
169Care Administration, shall maximize resources for trauma
170services wherever possible.
171     Section 7.  This act shall take effect October 1, 2005.


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