1 | A bill to be entitled |
2 | An act relating to highway safety; creating the Anjelica |
3 | and Victoria Velez Memorial Traffic Safety Act; amending |
4 | s. 316.650, F.S.; requiring traffic citation forms to |
5 | include a check box indicating a failure to stop at a |
6 | traffic signal; amending s. 318.18, F.S.; revising the |
7 | penalty for a moving violation of a traffic control signal |
8 | steady red indication and of a traffic control device when |
9 | a driver fails to stop at a traffic signal; providing for |
10 | distribution of moneys collected; amending s. 318.21, |
11 | F.S.; providing for distribution of specified civil |
12 | penalties; amending s. 322.0261, F.S.; requiring the |
13 | Department of Highway Safety and Motor Vehicles to |
14 | identify a person who has committed a second moving |
15 | violation of a traffic control signal steady red |
16 | indication or of a traffic control device 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 signal steady red indication or of a |
23 | traffic control device; creating s. 395.4036, F.S.; |
24 | providing for distribution of funds to trauma centers; |
25 | authorizing trauma centers to request that such funds be |
26 | used as intergovernmental transfer funds in the Medicaid |
27 | program; providing for audits and attestations; providing |
28 | an appropriation; providing an effective date. |
29 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. This act may be cited as the "Anjelica and |
33 | Victoria Velez Memorial Traffic Safety Act." |
34 | Section 2. Paragraph (a) of subsection (1) of section |
35 | 316.650, Florida Statutes, is amended to read: |
36 | 316.650 Traffic citations.-- |
37 | (1)(a) The department shall prepare, and supply to every |
38 | traffic enforcement agency in this state, an appropriate form |
39 | traffic citation containing a notice to appear (which shall be |
40 | issued in prenumbered books with citations in quintuplicate) and |
41 | meeting the requirements of this chapter or any laws of this |
42 | state regulating traffic, which form shall be consistent with |
43 | the state traffic court rules and the procedures established by |
44 | the department. Upon all future printings of the traffic |
45 | citation, The form shall include a special box which is to be |
46 | checked by the law enforcement officer when the officer believes |
47 | that the traffic violation or crash was due to aggressive |
48 | careless driving as defined in s. 316.1923. The form shall also |
49 | include a box which is to be checked by the law enforcement |
50 | officer when the officer writes a uniform traffic citation for a |
51 | violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of |
52 | the driver failing to stop at a traffic signal. |
53 | Section 3. Subsection (14) is added to section 318.18, |
54 | Florida Statutes, to read: |
55 | 318.18 Amount of civil penalties.--The penalties required |
56 | for a noncriminal disposition pursuant to s. 318.14 are as |
57 | follows: |
58 | (14) One hundred twenty-five dollars for a violation of s. |
59 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
60 | stop at a traffic signal. Sixty dollars shall be distributed as |
61 | provided in s. 318.21, and the remaining $65 shall be remitted |
62 | to the Department of Revenue for deposit into the Administrative |
63 | Trust Fund of the Department of Health. |
64 | Section 4. Subsection (13) is added to section 318.21, |
65 | Florida Statutes, to read: |
66 | 318.21 Disposition of civil penalties by county |
67 | courts.--All civil penalties received by a county court pursuant |
68 | to the provisions of this chapter shall be distributed and paid |
69 | monthly 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 |
72 | into the Administrative Trust Fund of the Department of Health |
73 | and the remaining $60 shall be distributed pursuant to |
74 | subsections (1) and (2). |
75 | Section 5. Section 322.0261, Florida Statutes, is amended |
76 | to read: |
77 | 322.0261 Mandatory Driver improvement course; requirement |
78 | to maintain driving privileges; failure to complete; department |
79 | approval of course certain crashes.-- |
80 | (1) The department shall screen crash reports received |
81 | under s. 316.066 or s. 324.051 to identify crashes involving the |
82 | following: |
83 | (a) A crash involving death or a bodily injury requiring |
84 | transport to a medical facility; or |
85 | (b) A second crash by the same operator within the |
86 | previous 2-year period involving property damage in an apparent |
87 | amount of at least $500. |
88 | (2) With respect to an operator convicted of, or who |
89 | pleaded nolo contendere to, a traffic offense giving rise to a |
90 | crash identified pursuant to subsection (1), the department |
91 | shall require that the operator, in addition to other applicable |
92 | penalties, attend a department-approved departmentally approved |
93 | driver improvement course in order to maintain driving |
94 | privileges. If the operator fails to complete the course within |
95 | 90 days of receiving notice from the department, the operator's |
96 | driver's license shall be canceled by the department until the |
97 | course is successfully completed. |
98 | (3) The department shall identify any operator convicted |
99 | of, or who pleaded nolo contendere to, a second violation of s. |
100 | 316.074(1) or s. 316.075(1)(c)1., which violation occurred |
101 | within 12 months after the first violation, and shall require |
102 | that operator, in addition to other applicable penalties, to |
103 | attend a department-approved driver improvement course in order |
104 | to maintain driving privileges. If the operator fails to |
105 | complete the course within 90 days after receiving notice from |
106 | the department, the operator's driver license shall be canceled |
107 | by the department until the course is successfully completed. |
108 | (4)(3) In determining whether to approve a driver |
109 | improvement course for the purposes of this section, the |
110 | department shall consider course content designed to promote |
111 | safety, driver awareness, crash avoidance techniques, and other |
112 | factors or criteria to improve driver performance from a safety |
113 | viewpoint. |
114 | Section 6. Paragraph (d) of subsection (3) of section |
115 | 322.27, Florida Statutes, is amended to read: |
116 | 322.27 Authority of department to suspend or revoke |
117 | license.-- |
118 | (3) There is established a point system for evaluation of |
119 | convictions of violations of motor vehicle laws or ordinances, |
120 | and violations of applicable provisions of s. 403.413(6)(b) when |
121 | such violations involve the use of motor vehicles, for the |
122 | determination of the continuing qualification of any person to |
123 | operate a motor vehicle. The department is authorized to suspend |
124 | the license of any person upon showing of its records or other |
125 | good and sufficient evidence that the licensee has been |
126 | convicted of violation of motor vehicle laws or ordinances, or |
127 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
128 | more points as determined by the point system. The suspension |
129 | shall be for a period of not more than 1 year. |
130 | (d) The point system shall have as its basic element a |
131 | graduated scale of points assigning relative values to |
132 | convictions of the following violations: |
133 | 1. Reckless driving, willful and wanton--4 points. |
134 | 2. Leaving the scene of a crash resulting in property |
135 | damage 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 |
140 | speed--3 points. |
141 | b. In excess of 15 miles per hour of lawful or posted |
142 | speed--4 points. |
143 | 6. A violation of a traffic control signal device as |
144 | provided 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 |
146 | highway outside the limits of a municipality)--3 points. |
147 | However, no points shall be imposed for a violation of s. |
148 | 316.0741 or s. 316.2065(12). |
149 | 8.7. Any moving violation covered above, excluding |
150 | unlawful 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 |
153 | to read: |
154 | 395.4036 Trauma payments.-- |
155 | (1) Recognizing the Legislature's stated intent to provide |
156 | financial support to the current verified trauma centers and to |
157 | provide incentives for the establishment of additional trauma |
158 | centers as part of a system of state-sponsored trauma centers, |
159 | the department shall utilize funds collected under s. 318.18(14) |
160 | and deposited into the Administrative Trust Fund of the |
161 | department to ensure the availability and accessibility of |
162 | trauma services throughout the state as provided in this |
163 | subsection. |
164 | (a) Twenty percent of the total funds collected under this |
165 | subsection shall be distributed to verified trauma centers |
166 | located in a region that has a local funding contribution as of |
167 | December 31. Distribution of funds under this paragraph shall be |
168 | based on trauma caseload volume. |
169 | (b) Forty percent of the total funds collected under this |
170 | subsection shall be distributed to verified trauma centers based |
171 | on trauma caseload volume of the previous calendar year. The |
172 | determination of caseload volume for distribution of funds under |
173 | this paragraph shall be based on the department's Trauma |
174 | Registry data. |
175 | (c) Forty percent of the total funds collected under this |
176 | subsection shall be distributed to verified trauma centers based |
177 | on severity of trauma patients. The determination of severity |
178 | for distribution of funds under this paragraph shall be based on |
179 | the department's Injury Severity Scores, weighted based on |
180 | scores of 1-14 and 15 plus. |
181 |
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182 | Trauma centers may request that their distributions from the |
183 | Administrative Trust Fund be used as intergovernmental transfer |
184 | funds in the Medicaid program. |
185 | (2)(a) Any trauma center not subject to audit pursuant to |
186 | s. 215.97 shall annually attest, under penalties of perjury, |
187 | that such proceeds were used in compliance with law. The annual |
188 | attestation shall be made in a form and format determined by the |
189 | department. The annual attestation shall be submitted to the |
190 | department for review within 9 months after the end of the |
191 | organization's fiscal year. |
192 | (b) Any trauma center subject to audit pursuant to s. |
193 | 215.97 shall submit an audit report in accordance with rules |
194 | adopted by the Auditor General. |
195 | (3) The department, working with the Agency for Health |
196 | Care Administration, shall maximize resources for trauma |
197 | services wherever possible. |
198 | Section 8. There is hereby appropriated $7.5 million to |
199 | the Administrative Trust Fund in the Department of Health to |
200 | provide funding for trauma centers in accordance with this act. |
201 | Section 9. This act shall take effect October 1, 2005. |