Senate Bill sb7008pb

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7008

    FOR CONSIDERATION By the Committee on Transportation





    596-463-05

  1                      A bill to be entitled

  2         An act relating to the disposition of traffic

  3         infractions; amending s. 318.14, F.S.;

  4         providing that a person who is cited for a

  5         noncriminal traffic infraction may elect to

  6         attend, under certain circumstances, an

  7         intermediate driver improvement course approved

  8         by the Department of Highway Safety and Motor

  9         Vehicles; providing requirements for such

10         election; amending s. 322.025, F.S.; requiring

11         that the department deduct points from a

12         person's driving record for certain traffic

13         violations in another state or under federal

14         law; providing that such person may elect to

15         attend a basic driver improvement course;

16         providing certain limitations; amending s.

17         318.1451, F.S., relating to a fee collected by

18         driver improvement schools; conforming

19         provisions to changes made by the act;

20         providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsection (9) of section 318.14, Florida

25  Statutes, is amended to read:

26         318.14  Noncriminal traffic infractions; exception;

27  procedures.--

28         (9)  Any person who is cited for an infraction under

29  this section other than a violation of s. 320.0605, s.

30  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

31  s. 322.62 may, in lieu of a court appearance, elect to attend

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7008
    596-463-05




 1  in the location of his or her choice within this state a basic

 2  driver improvement course approved by the Department of

 3  Highway Safety and Motor Vehicles for the first or second

 4  election or an intermediate driver improvement course approved

 5  by the Department of Highway Safety and Motor Vehicles for the

 6  third, fourth, or fifth election. In such a case, adjudication

 7  must be withheld; points, as provided by s. 322.27, may not be

 8  assessed; and the civil penalty that is imposed by s.

 9  318.18(3) must be reduced by 18 percent; however, a person may

10  not make an election under this subsection if the person has

11  made an election under this subsection in the preceding 12

12  months. A person may make no more than five elections under

13  this subsection. The requirement for community service under

14  s. 318.18(8) is not waived by a plea of nolo contendere or by

15  the withholding of adjudication of guilt by a court.

16         Section 2.  Section 322.025, Florida Statutes, is

17  amended to read:

18         322.025  Driver improvement; points deducted for

19  out-of-state violation or federal violation.--

20         (1)  The department may implement programs to improve

21  the driving ability of the drivers of this state.  Such

22  programs may include, but shall not be limited to, safety

23  awareness campaigns, driver training, and licensing

24  improvement.  Motorcycle driver improvement programs

25  implemented pursuant to this section or s. 322.0255 shall be

26  funded by the motorcycle safety education fee collected

27  pursuant to s. 320.08(1)(c), which shall be deposited in the

28  Highway Safety Operating Trust Fund of the department and

29  appropriated for that purpose.

30         (2)  If a person has been convicted in another state of

31  a violation that, if committed in this state, would be a

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7008
    596-463-05




 1  violation of the traffic laws of this state or has been

 2  convicted of an offense under any federal law that

 3  substantially conforms to the traffic laws of this state,

 4  except for a violation of s. 322.26, and that person has been

 5  assessed points due to any such conviction, he or she may

 6  elect to attend in the location of his or her choice within

 7  this state a basic driver improvement course approved by the

 8  department. In such case, the department shall deduct points,

 9  as provided by s. 322.27, from the person's driving record.

10  The person may not make an election under this subsection if

11  he or she has made an election under this subsection or s.

12  318.14(9) during the preceding 12 months. A person may not

13  make more than a combined total of five elections under this

14  subsection and s. 318.14(9).

15         Section 3.  Subsection (4) of section 318.1451, Florida

16  Statutes, is amended to read:

17         318.1451  Driver improvement schools.--

18         (4)  In addition to a regular course fee, an assessment

19  fee in the amount of $2.50 shall be collected by the school

20  from each person who elects to attend a course, as it relates

21  to ss. 318.14(9), 322.025(2), 322.0261, 322.291, and

22  627.06501, which shall be remitted to the Department of

23  Highway Safety and Motor Vehicles and deposited in the Highway

24  Safety Operating Trust Fund to administer this program and to

25  fund the general operations of the department.

26         Section 4.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7008
    596-463-05




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 2                          SENATE SUMMARY

 3    Authorizes a person to elect to attend an intermediate
      driver improvement course as a third, fourth, or fifth
 4    election rather than a basic driver improvement course.
      Requires the Department of Highway Safety and Motor
 5    Vehicles to deduct points from a person's driving record
      for certain traffic violations that occur in another
 6    state or that violate federal law.

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