HB 1041

1
A bill to be entitled
2An act relating to noncriminal traffic infractions;
3amending s. 318.14, F.S.; revising a requirement that
4persons required to appear before a designated official
5for infractions that resulted in a crash that caused
6serious bodily injury of another receive a specified fine
7and a license suspension; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (5) of section 318.14, Florida
12Statutes, is amended to read:
13     318.14  Noncriminal traffic infractions; exception;
14procedures.--
15     (5)  Any person electing to appear before the designated
16official or who is required so to appear shall be deemed to have
17waived his or her right to the civil penalty provisions of s.
18318.18. The official, after a hearing, shall make a
19determination as to whether an infraction has been committed. If
20the commission of an infraction has been proven, the official
21may impose a civil penalty not to exceed $500, except that in
22cases involving unlawful speed in a school zone or involving
23unlawful speed in a construction zone, the civil penalty may not
24exceed $1,000; or require attendance at a driver improvement
25school, or both. If the person is required to appear before the
26designated official pursuant to s. 318.19(1) and is found to
27have committed the infraction, the designated official shall
28impose a civil penalty of $1,000 in addition to any other
29penalties and the person's driver's license shall be suspended
30for 6 months. If the person is required to appear before the
31designated official pursuant to s. 318.19(2) and is found to
32have committed the infraction, the designated official may shall
33impose a civil penalty of $500 in addition to any other
34penalties and the person's driver's license may shall be
35suspended for 3 months. If the official determines that no
36infraction has been committed, no costs or penalties shall be
37imposed and any costs or penalties that have been paid shall be
38returned. Moneys received from the mandatory civil penalties
39imposed pursuant to this subsection upon persons required to
40appear before a designated official pursuant to s. 318.19(1) or
41(2) shall be remitted to the Department of Revenue and deposited
42into the Department of Health Administrative Trust Fund to
43provide financial support to certified trauma centers to assure
44the availability and accessibility of trauma services throughout
45the state. Funds deposited into the Administrative Trust Fund
46under this section shall be allocated as follows:
47     (a)  Fifty percent shall be allocated equally among all
48Level I, Level II, and pediatric trauma centers in recognition
49of readiness costs for maintaining trauma services.
50     (b)  Fifty percent shall be allocated among Level I, Level
51II, and pediatric trauma centers based on each center's relative
52volume of trauma cases as reported in the Department of Health
53Trauma Registry.
54     Section 2.  This act shall take effect July 1, 2006.


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