| 1 | The Fiscal Council 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. 316.650, F.S.; requiring traffic citation forms to |
| 9 | include a check box indicating a failure to stop at a |
| 10 | traffic signal; amending s. 318.18, F.S.; revising the |
| 11 | penalty for a moving violation of a traffic control signal |
| 12 | steady red indication and of a traffic control device when |
| 13 | a driver fails to stop at a traffic signal; providing for |
| 14 | distribution of moneys collected; amending s. 318.21, |
| 15 | F.S.; providing for distribution of specified civil |
| 16 | penalties; amending s. 322.0261, F.S.; requiring the |
| 17 | Department of Highway Safety and Motor Vehicles to |
| 18 | identify a person who has committed a second moving |
| 19 | violation of a traffic control signal steady red |
| 20 | indication or of a traffic control device within a |
| 21 | specified time period and require such person to complete |
| 22 | a driver improvement course; providing for cancellation of |
| 23 | license for failure to complete said course within a |
| 24 | specified time period; amending s. 322.27, F.S.; assigning |
| 25 | a point value for the conviction of a moving violation of |
| 26 | a traffic control signal steady red indication or of a |
| 27 | traffic control device; creating s. 395.4036, F.S.; |
| 28 | providing for distribution of funds to trauma centers; |
| 29 | providing for audits and attestations; providing an |
| 30 | appropriation; providing an effective date. |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. This act may be cited as the "Anjelica and |
| 35 | Victoria Velez Memorial Traffic Safety Act." |
| 36 | Section 2. Paragraph (a) of subsection (1) of section |
| 37 | 316.650, Florida Statutes, is amended to read: |
| 38 | 316.650 Traffic citations.-- |
| 39 | (1)(a) The department shall prepare, and supply to every |
| 40 | traffic enforcement agency in this state, an appropriate form |
| 41 | traffic citation containing a notice to appear (which shall be |
| 42 | issued in prenumbered books with citations in quintuplicate) and |
| 43 | meeting the requirements of this chapter or any laws of this |
| 44 | state regulating traffic, which form shall be consistent with |
| 45 | the state traffic court rules and the procedures established by |
| 46 | the department. Upon all future printings of the traffic |
| 47 | citation, The form shall include a special box which is to be |
| 48 | checked by the law enforcement officer when the officer believes |
| 49 | that the traffic violation or crash was due to aggressive |
| 50 | careless driving as defined in s. 316.1923. The form shall also |
| 51 | include a box which is to be checked by the law enforcement |
| 52 | officer when the officer writes a uniform traffic citation for a |
| 53 | violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of |
| 54 | the driver failing to stop at a traffic signal. |
| 55 | Section 3. Subsection (14) is added to section 318.18, |
| 56 | Florida Statutes, to read: |
| 57 | 318.18 Amount of civil penalties.--The penalties required |
| 58 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 59 | follows: |
| 60 | (14) One hundred twenty-five dollars for a violation of s. |
| 61 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 62 | stop at a traffic signal. Sixty dollars shall be distributed as |
| 63 | provided in s. 318.21, and the remaining $65 shall be remitted |
| 64 | to the Department of Revenue for deposit into the Administrative |
| 65 | Trust Fund of the Department of Health. |
| 66 | Section 4. Subsection (13) is added to section 318.21, |
| 67 | Florida Statutes, to read: |
| 68 | 318.21 Disposition of civil penalties by county |
| 69 | courts.--All civil penalties received by a county court pursuant |
| 70 | to the provisions of this chapter shall be distributed and paid |
| 71 | monthly as follows: |
| 72 | (13) Of the proceeds from the fine under s. 318.18(14), |
| 73 | $65 shall be remitted to the Department of Revenue for deposit |
| 74 | into the Administrative Trust Fund of the Department of Health |
| 75 | and the remaining $60 shall be distributed pursuant to |
| 76 | subsections (1) and (2). |
| 77 | Section 5. Section 322.0261, Florida Statutes, is amended |
| 78 | to read: |
| 79 | 322.0261 Mandatory Driver improvement course; requirement |
| 80 | to maintain driving privileges; failure to complete; department |
| 81 | approval of course certain crashes.-- |
| 82 | (1) The department shall screen crash reports received |
| 83 | under s. 316.066 or s. 324.051 to identify crashes involving the |
| 84 | following: |
| 85 | (a) A crash involving death or a bodily injury requiring |
| 86 | transport to a medical facility; or |
| 87 | (b) A second crash by the same operator within the |
| 88 | previous 2-year period involving property damage in an apparent |
| 89 | amount of at least $500. |
| 90 | (2) With respect to an operator convicted of, or who |
| 91 | pleaded nolo contendere to, a traffic offense giving rise to a |
| 92 | crash identified pursuant to subsection (1), the department |
| 93 | shall require that the operator, in addition to other applicable |
| 94 | penalties, attend a department-approved departmentally approved |
| 95 | driver improvement course in order to maintain driving |
| 96 | privileges. If the operator fails to complete the course within |
| 97 | 90 days of receiving notice from the department, the operator's |
| 98 | driver's license shall be canceled by the department until the |
| 99 | course is successfully completed. |
| 100 | (3) The department shall identify any operator convicted |
| 101 | of, or who pleaded nolo contendere to, a second violation of s. |
| 102 | 316.074(1) or s. 316.075(1)(c)1., which violation occurred |
| 103 | within 12 months after the first violation, and shall require |
| 104 | that operator, in addition to other applicable penalties, to |
| 105 | attend a department-approved driver improvement course in order |
| 106 | to maintain driving privileges. If the operator fails to |
| 107 | complete the course within 90 days after receiving notice from |
| 108 | the department, the operator's driver license shall be canceled |
| 109 | by the department until the course is successfully completed. |
| 110 | (4)(3) In determining whether to approve a driver |
| 111 | improvement course for the purposes of this section, the |
| 112 | department shall consider course content designed to promote |
| 113 | safety, driver awareness, crash avoidance techniques, and other |
| 114 | factors or criteria to improve driver performance from a safety |
| 115 | viewpoint. |
| 116 | Section 6. Paragraph (d) of subsection (3) of section |
| 117 | 322.27, Florida Statutes, is amended to read: |
| 118 | 322.27 Authority of department to suspend or revoke |
| 119 | license.-- |
| 120 | (3) There is established a point system for evaluation of |
| 121 | convictions of violations of motor vehicle laws or ordinances, |
| 122 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 123 | such violations involve the use of motor vehicles, for the |
| 124 | determination of the continuing qualification of any person to |
| 125 | operate a motor vehicle. The department is authorized to suspend |
| 126 | the license of any person upon showing of its records or other |
| 127 | good and sufficient evidence that the licensee has been |
| 128 | convicted of violation of motor vehicle laws or ordinances, or |
| 129 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 130 | more points as determined by the point system. The suspension |
| 131 | shall be for a period of not more than 1 year. |
| 132 | (d) The point system shall have as its basic element a |
| 133 | graduated scale of points assigning relative values to |
| 134 | convictions of the following violations: |
| 135 | 1. Reckless driving, willful and wanton--4 points. |
| 136 | 2. Leaving the scene of a crash resulting in property |
| 137 | damage of more than $50--6 points. |
| 138 | 3. Unlawful speed resulting in a crash--6 points. |
| 139 | 4. Passing a stopped school bus--4 points. |
| 140 | 5. Unlawful speed: |
| 141 | a. Not in excess of 15 miles per hour of lawful or posted |
| 142 | speed--3 points. |
| 143 | b. In excess of 15 miles per hour of lawful or posted |
| 144 | speed--4 points. |
| 145 | 6. A violation of a traffic control signal device as |
| 146 | provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. |
| 147 | 7.6. All other moving violations (including parking on a |
| 148 | highway outside the limits of a municipality)--3 points. |
| 149 | However, no points shall be imposed for a violation of s. |
| 150 | 316.0741 or s. 316.2065(12). |
| 151 | 8.7. Any moving violation covered above, excluding |
| 152 | unlawful speed, resulting in a crash--4 points. |
| 153 | 9.8. Any conviction under s. 403.413(5)(b)--3 points. |
| 154 | Section 7. Section 395.4036, Florida Statutes, is created |
| 155 | to read: |
| 156 | 395.4036 Trauma payments.-- |
| 157 | (1) Recognizing the Legislature's stated intent to provide |
| 158 | financial support to the current verified trauma centers and to |
| 159 | provide incentives for the establishment of additional trauma |
| 160 | centers as part of a system of state-sponsored trauma centers, |
| 161 | the department shall utilize funds collected under s. 318.18(14) |
| 162 | and deposited into the Administrative Trust Fund of the |
| 163 | department to ensure the availability and accessibility of |
| 164 | trauma services throughout the state as provided in this |
| 165 | subsection. |
| 166 | (a) Twenty percent of the total funds collected under this |
| 167 | subsection shall be distributed to verified trauma centers |
| 168 | located in a region that has a local funding contribution as of |
| 169 | December 31. Distribution of funds under this paragraph shall be |
| 170 | based on trauma caseload volume. |
| 171 | (b) Forty percent of the total funds collected under this |
| 172 | subsection shall be distributed to verified trauma centers based |
| 173 | on trauma caseload volume of the previous calendar year. The |
| 174 | determination of caseload volume for distribution of funds under |
| 175 | this paragraph shall be based on the department's Trauma |
| 176 | Registry data. |
| 177 | (c) Forty percent of the total funds collected under this |
| 178 | subsection shall be distributed to verified trauma centers based |
| 179 | on severity of trauma patients. The determination of severity |
| 180 | for distribution of funds under this paragraph shall be based on |
| 181 | the department's Injury Severity Scores, weighted based on |
| 182 | scores of 1-14 and 15 plus. |
| 183 | (2)(a) Any trauma center not subject to audit pursuant to |
| 184 | s. 215.97 shall annually attest, under penalties of perjury, |
| 185 | that such proceeds were used in compliance with law. The annual |
| 186 | attestation shall be made in a form and format determined by the |
| 187 | department. The annual attestation shall be submitted to the |
| 188 | department for review within 9 months after the end of the |
| 189 | organization's fiscal year. |
| 190 | (b) Any trauma center subject to audit pursuant to s. |
| 191 | 215.97 shall submit an audit report in accordance with rules |
| 192 | adopted by the Auditor General. |
| 193 | (3) The department, working with the Agency for Health |
| 194 | Care Administration, shall maximize resources for trauma |
| 195 | services wherever possible. |
| 196 | Section 8. There is hereby appropriated $9.4 million to |
| 197 | the Administrative Trust Fund in the Department of Health to |
| 198 | provide funding for trauma centers in accordance with this act. |
| 199 | Section 9. This act shall take effect October 1, 2005. |