HB 497

1
A bill to be entitled
2An act relating to highway safety; creating the Anjelica
3and Victoria Velez Memorial Traffic Safety Act; amending
4s. 316.650, F.S.; requiring traffic citation forms to
5include a check box indicating a failure to stop at a
6traffic signal; amending s. 318.18, F.S.; revising the
7penalty for a moving violation of a traffic control signal
8steady red indication and of a traffic control device when
9a driver fails to stop at a traffic signal; providing for
10distribution of moneys collected; amending s. 318.21,
11F.S.; providing for distribution of specified civil
12penalties; amending s. 322.0261, F.S.; requiring the
13Department of Highway Safety and Motor Vehicles to
14identify a person who has committed a second moving
15violation of a traffic control signal steady red
16indication or of a traffic control device 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 signal steady red indication or of a
23traffic control device; creating s. 395.4036, F.S.;
24providing for distribution of funds to trauma centers;
25authorizing trauma centers to request that such funds be
26used as intergovernmental transfer funds in the Medicaid
27program; providing for audits and attestations; providing
28an appropriation; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  This act may be cited as the "Anjelica and
33Victoria Velez Memorial Traffic Safety Act."
34     Section 2.  Paragraph (a) of subsection (1) of section
35316.650, Florida Statutes, is amended to read:
36     316.650  Traffic citations.--
37     (1)(a)  The department shall prepare, and supply to every
38traffic enforcement agency in this state, an appropriate form
39traffic citation containing a notice to appear (which shall be
40issued in prenumbered books with citations in quintuplicate) and
41meeting the requirements of this chapter or any laws of this
42state regulating traffic, which form shall be consistent with
43the state traffic court rules and the procedures established by
44the department. Upon all future printings of the traffic
45citation, The form shall include a special box which is to be
46checked by the law enforcement officer when the officer believes
47that the traffic violation or crash was due to aggressive
48careless driving as defined in s. 316.1923. The form shall also
49include a box which is to be checked by the law enforcement
50officer when the officer writes a uniform traffic citation for a
51violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
52the driver failing to stop at a traffic signal.
53     Section 3.  Subsection (14) is added to section 318.18,
54Florida Statutes, to read:
55     318.18  Amount of civil penalties.--The penalties required
56for a noncriminal disposition pursuant to s. 318.14 are as
57follows:
58     (14)  One hundred twenty-five dollars for a violation of s.
59316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
60stop at a traffic signal. Sixty dollars shall be distributed as
61provided in s. 318.21, and the remaining $65 shall be remitted
62to the Department of Revenue for deposit into the Administrative
63Trust Fund of the Department of Health.
64     Section 4.  Subsection (13) is added to section 318.21,
65Florida Statutes, to read:
66     318.21  Disposition of civil penalties by county
67courts.--All civil penalties received by a county court pursuant
68to the provisions of this chapter shall be distributed and paid
69monthly as follows:
70     (13)  Of the proceeds from the fine under s. 318.18(14),
71$65 shall be remitted to the Department of Revenue for deposit
72into the Administrative Trust Fund of the Department of Health
73and the remaining $60 shall be distributed pursuant to
74subsections (1) and (2).
75     Section 5.  Section 322.0261, Florida Statutes, is amended
76to read:
77     322.0261  Mandatory Driver improvement course; requirement
78to maintain driving privileges; failure to complete; department
79approval of course certain crashes.--
80     (1)  The department shall screen crash reports received
81under s. 316.066 or s. 324.051 to identify crashes involving the
82following:
83     (a)  A crash involving death or a bodily injury requiring
84transport to a medical facility; or
85     (b)  A second crash by the same operator within the
86previous 2-year period involving property damage in an apparent
87amount of at least $500.
88     (2)  With respect to an operator convicted of, or who
89pleaded nolo contendere to, a traffic offense giving rise to a
90crash identified pursuant to subsection (1), the department
91shall require that the operator, in addition to other applicable
92penalties, attend a department-approved departmentally approved
93driver improvement course in order to maintain driving
94privileges. If the operator fails to complete the course within
9590 days of receiving notice from the department, the operator's
96driver's license shall be canceled by the department until the
97course is successfully completed.
98     (3)  The department shall identify any operator convicted
99of, or who pleaded nolo contendere to, a second violation of s.
100316.074(1) or s. 316.075(1)(c)1., which violation occurred
101within 12 months after the first violation, and shall require
102that operator, in addition to other applicable penalties, to
103attend a department-approved driver improvement course in order
104to maintain driving privileges. If the operator fails to
105complete the course within 90 days after receiving notice from
106the department, the operator's driver license shall be canceled
107by the department until the course is successfully completed.
108     (4)(3)  In determining whether to approve a driver
109improvement course for the purposes of this section, the
110department shall consider course content designed to promote
111safety, driver awareness, crash avoidance techniques, and other
112factors or criteria to improve driver performance from a safety
113viewpoint.
114     Section 6.  Paragraph (d) of subsection (3) of section
115322.27, Florida Statutes, is amended to read:
116     322.27  Authority of department to suspend or revoke
117license.--
118     (3)  There is established a point system for evaluation of
119convictions of violations of motor vehicle laws or ordinances,
120and violations of applicable provisions of s. 403.413(6)(b) when
121such violations involve the use of motor vehicles, for the
122determination of the continuing qualification of any person to
123operate a motor vehicle. The department is authorized to suspend
124the license of any person upon showing of its records or other
125good and sufficient evidence that the licensee has been
126convicted of violation of motor vehicle laws or ordinances, or
127applicable provisions of s. 403.413(6)(b), amounting to 12 or
128more points as determined by the point system. The suspension
129shall be for a period of not more than 1 year.
130     (d)  The point system shall have as its basic element a
131graduated scale of points assigning relative values to
132convictions of the following violations:
133     1.  Reckless driving, willful and wanton--4 points.
134     2.  Leaving the scene of a crash resulting in property
135damage of more than $50--6 points.
136     3.  Unlawful speed resulting in a crash--6 points.
137     4.  Passing a stopped school bus--4 points.
138     5.  Unlawful speed:
139     a.  Not in excess of 15 miles per hour of lawful or posted
140speed--3 points.
141     b.  In excess of 15 miles per hour of lawful or posted
142speed--4 points.
143     6.  A violation of a traffic control signal device as
144provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
145     7.6.  All other moving violations (including parking on a
146highway outside the limits of a municipality)--3 points.
147However, no points shall be imposed for a violation of s.
148316.0741 or s. 316.2065(12).
149     8.7.  Any moving violation covered above, excluding
150unlawful speed, resulting in a crash--4 points.
151     9.8.  Any conviction under s. 403.413(5)(b)--3 points.
152     Section 7.  Section 395.4036, Florida Statutes, is created
153to read:
154     395.4036  Trauma payments.--
155     (1)  Recognizing the Legislature's stated intent to provide
156financial support to the current verified trauma centers and to
157provide incentives for the establishment of additional trauma
158centers as part of a system of state-sponsored trauma centers,
159the department shall utilize funds collected under s. 318.18(14)
160and deposited into the Administrative Trust Fund of the
161department to ensure the availability and accessibility of
162trauma services throughout the state as provided in this
163subsection.
164     (a)  Twenty percent of the total funds collected under this
165subsection shall be distributed to verified trauma centers
166located in a region that has a local funding contribution as of
167December 31. Distribution of funds under this paragraph shall be
168based on trauma caseload volume.
169     (b)  Forty percent of the total funds collected under this
170subsection shall be distributed to verified trauma centers based
171on trauma caseload volume of the previous calendar year. The
172determination of caseload volume for distribution of funds under
173this paragraph shall be based on the department's Trauma
174Registry data.
175     (c)  Forty percent of the total funds collected under this
176subsection shall be distributed to verified trauma centers based
177on severity of trauma patients. The determination of severity
178for distribution of funds under this paragraph shall be based on
179the department's Injury Severity Scores, weighted based on
180scores of 1-14 and 15 plus.
181
182Trauma centers may request that their distributions from the
183Administrative Trust Fund be used as intergovernmental transfer
184funds in the Medicaid program.
185     (2)(a)  Any trauma center not subject to audit pursuant to
186s. 215.97 shall annually attest, under penalties of perjury,
187that such proceeds were used in compliance with law. The annual
188attestation shall be made in a form and format determined by the
189department. The annual attestation shall be submitted to the
190department for review within 9 months after the end of the
191organization's fiscal year.
192     (b)  Any trauma center subject to audit pursuant to s.
193215.97 shall submit an audit report in accordance with rules
194adopted by the Auditor General.
195     (3)  The department, working with the Agency for Health
196Care Administration, shall maximize resources for trauma
197services wherever possible.
198     Section 8.  There is hereby appropriated $7.5 million to
199the Administrative Trust Fund in the Department of Health to
200provide funding for trauma centers in accordance with this act.
201     Section 9.  This act shall take effect October 1, 2005.


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