HB 0497CS

CHAMBER ACTION




1The Judiciary 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. 316.003, F.S.; revising the definition of "official
9traffic control devices"; amending s. 318.18, F.S.;
10revising the penalty for a moving violation of a traffic
11control signal steady red indication; providing for
12distribution of moneys collected; amending s. 318.21,
13F.S.; providing for distribution of specified civil
14penalties; amending s. 322.0261, F.S.; requiring the
15Department of Highway Safety and Motor Vehicles to
16identify a person who has committed a second moving
17violation of a traffic control signal steady red
18indication within a specified time period and require such
19person to complete a driver improvement course; providing
20for cancellation of license for failure to complete said
21course within a specified time period; amending s. 322.27,
22F.S.; assigning a point value for the conviction of a
23moving violation of a traffic control signal steady red
24indication; creating s. 395.4036, F.S.; providing for
25distribution of funds to trauma centers; providing for
26audits and attestations; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  This act may be cited as the "Anjelica and
31Victoria Velez Memorial Traffic Safety Act."
32     Section 2.  Subsection (23) of section 316.003, Florida
33Statutes, is amended to read:
34     316.003  Definitions.--The following words and phrases,
35when used in this chapter, shall have the meanings respectively
36ascribed to them in this section, except where the context
37otherwise requires:
38     (23)  OFFICIAL TRAFFIC CONTROL DEVICES.--All signs,
39signals, markings, and devices, not inconsistent with this
40chapter, placed or erected by authority of a public body or
41official having jurisdiction for the purpose of regulating,
42warning, or guiding traffic. For purposes of s. 316.074(1),
43"official traffic control devices" does not include official
44traffic control signals.
45     Section 3.  Subsection (14) is added to section 318.18,
46Florida Statutes, to read:
47     318.18  Amount of civil penalties.--The penalties required
48for a noncriminal disposition pursuant to s. 318.14 are as
49follows:
50     (14)  One hundred twenty-five dollars for a violation of s.
51316.075(1)(c)1., of which $60 shall be distributed as provided
52in s. 318.21 and the remaining $65 shall be remitted to the
53Department of Revenue for deposit into the Administrative Trust
54Fund of the Department of Health.
55     Section 4.  Subsection (13) is added to section 318.21,
56Florida Statutes, to read:
57     318.21  Disposition of civil penalties by county
58courts.--All civil penalties received by a county court pursuant
59to the provisions of this chapter shall be distributed and paid
60monthly as follows:
61     (13)  Of the proceeds from the fine under s. 318.18(14),
62$65 shall be remitted to the Department of Revenue for deposit
63into the Administrative Trust Fund of the Department of Health
64and the remaining $60 shall be distributed pursuant to
65subsections (1) and (2).
66     Section 5.  Section 322.0261, Florida Statutes, is amended
67to read:
68     322.0261  Mandatory Driver improvement course; requirement
69to maintain driving privileges; failure to complete; department
70approval of course certain crashes.--
71     (1)  The department shall screen crash reports received
72under s. 316.066 or s. 324.051 to identify crashes involving the
73following:
74     (a)  A crash involving death or a bodily injury requiring
75transport to a medical facility; or
76     (b)  A second crash by the same operator within the
77previous 2-year period involving property damage in an apparent
78amount of at least $500.
79     (2)  With respect to an operator convicted of, or who
80pleaded nolo contendere to, a traffic offense giving rise to a
81crash identified pursuant to subsection (1), the department
82shall require that the operator, in addition to other applicable
83penalties, attend a department-approved departmentally approved
84driver improvement course in order to maintain driving
85privileges. If the operator fails to complete the course within
8690 days of receiving notice from the department, the operator's
87driver's license shall be canceled by the department until the
88course is successfully completed.
89     (3)  The department shall identify any operator convicted
90of, or who pleaded nolo contendere to, a second violation of s.
91316.075(1)(c)1., which violation occurred within 12 months after
92the first violation, and shall require that operator, in
93addition to other applicable penalties, to attend a department-
94approved driver improvement course in order to maintain driving
95privileges. If the operator fails to complete the course within
9690 days after receiving notice from the department, the
97operator's driver license shall be canceled by the department
98until the course is successfully completed.
99     (4)(3)  In determining whether to approve a driver
100improvement course for the purposes of this section, the
101department shall consider course content designed to promote
102safety, driver awareness, crash avoidance techniques, and other
103factors or criteria to improve driver performance from a safety
104viewpoint.
105     Section 6.  Paragraph (d) of subsection (3) of section
106322.27, Florida Statutes, is amended to read:
107     322.27  Authority of department to suspend or revoke
108license.--
109     (3)  There is established a point system for evaluation of
110convictions of violations of motor vehicle laws or ordinances,
111and violations of applicable provisions of s. 403.413(6)(b) when
112such violations involve the use of motor vehicles, for the
113determination of the continuing qualification of any person to
114operate a motor vehicle. The department is authorized to suspend
115the license of any person upon showing of its records or other
116good and sufficient evidence that the licensee has been
117convicted of violation of motor vehicle laws or ordinances, or
118applicable provisions of s. 403.413(6)(b), amounting to 12 or
119more points as determined by the point system. The suspension
120shall be for a period of not more than 1 year.
121     (d)  The point system shall have as its basic element a
122graduated scale of points assigning relative values to
123convictions of the following violations:
124     1.  Reckless driving, willful and wanton--4 points.
125     2.  Leaving the scene of a crash resulting in property
126damage of more than $50--6 points.
127     3.  Unlawful speed resulting in a crash--6 points.
128     4.  Passing a stopped school bus--4 points.
129     5.  Unlawful speed:
130     a.  Not in excess of 15 miles per hour of lawful or posted
131speed--3 points.
132     b.  In excess of 15 miles per hour of lawful or posted
133speed--4 points.
134     6.  A violation of a traffic control signal device as
135provided in s. 316.075(1)(c)1.--4 points.
136     7.6.  All other moving violations (including parking on a
137highway outside the limits of a municipality)--3 points.
138However, no points shall be imposed for a violation of s.
139316.0741 or s. 316.2065(12).
140     8.7.  Any moving violation covered above, excluding
141unlawful speed, resulting in a crash--4 points.
142     9.8.  Any conviction under s. 403.413(5)(b)--3 points.
143     Section 7.  Section 395.4036, Florida Statutes, is created
144to read:
145     395.4036  Trauma payments.--
146     (1)  Recognizing the Legislature's stated intent to provide
147financial support to the current verified trauma centers and to
148provide incentives for the establishment of additional trauma
149centers as part of a system of state-sponsored trauma centers,
150the department shall utilize funds collected under s. 318.18(14)
151and deposited into the Administrative Trust Fund of the
152department to ensure the availability and accessibility of
153trauma services throughout the state as provided in this
154subsection.
155     (a)  Twenty percent of the total funds collected under this
156subsection shall be distributed to verified trauma centers
157located in a region that has a local funding contribution as of
158December 31. Distribution of funds under this paragraph shall be
159based on trauma caseload volume.
160     (b)  Forty percent of the total funds collected under this
161subsection shall be distributed to verified trauma centers based
162on trauma caseload volume of the previous calendar year. The
163determination of caseload volume for distribution of funds under
164this paragraph shall be based on the department's Trauma
165Registry data.
166     (c)  Forty percent of the total funds collected under this
167subsection shall be distributed to verified trauma centers based
168on severity of trauma patients. The determination of severity
169for distribution of funds under this paragraph shall be based on
170the department's Injury Severity Scores, weighted based on
171scores of 1-14 and 15 plus.
172     (2)(a)  Any trauma center not subject to audit pursuant to
173s. 215.97 shall annually attest, under penalties of perjury,
174that such proceeds were used in compliance with law. The annual
175attestation shall be made in a form and format determined by the
176department. The annual attestation shall be submitted to the
177department for review within 9 months after the end of the
178organization's fiscal year.
179     (b)  Any trauma center subject to audit pursuant to s.
180215.97 shall submit an audit report in accordance with rules
181adopted by the Auditor General.
182     (3)  The department, working with the Agency for Health
183Care Administration, shall maximize resources for trauma
184services wherever possible.
185     Section 8.  This act shall take effect October 1, 2005.


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