HB 1465

1
A bill to be entitled
2An act relating to speed limit enforcement on state roads;
3creating s. 316.1893, F.S.; providing legislative intent;
4providing for establishment by the Department of
5Transportation of enhanced penalty zones on state roads;
6authorizing the department to set speed limits within
7those zones; directing the department to adopt a uniform
8system of traffic control devices to be used within the
9zones; prohibiting operation of a vehicle at a speed
10greater than that posted in the enhanced penalty zone;
11directing the Department of Highway Safety and Motor
12Vehicles to tabulate citations issued within enhanced
13penalty zones and make available certain information;
14directing the Department of Transportation, the Department
15of Highway Safety and Motor Vehicles, and the Department
16of Education to conduct a study and report to the Governor
17and the Legislature for certain purposes; amending s.
18318.18, F.S.; removing a condition for an increased
19penalty for violation of posted speed in a construction
20zone; providing penalties for violation of posted speed in
21an enhanced penalty zone; amending s. 318.21, F.S.;
22correcting cross-references to conform to changes made by
23the act; reenacting ss. 318.14(2), (5), and (9),
24318.15(1)(a) and (2), 318.21(7), 402.40(4)(b), and
25985.406(4)(b), F.S., relating to noncriminal traffic
26infraction procedures, failure to comply with civil
27penalty or to appear, disposition of civil penalties by
28county courts, child welfare training, and juvenile
29justice training academies, respectively, for the purpose
30of incorporating the amendment made to s. 318.18, F.S., in
31references thereto; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 316.1893, Florida Statutes, is created
36to read:
37     316.1893  Establishment of enhanced penalty zones;
38designation.--
39     (1)  It is the intent of the Legislature to prevent
40vehicular fatalities by prioritizing enforcement on segments of
41highways that have a high incidence of fatalities. Enforcement
42shall also be prioritized during the times that fatalities most
43often occur. The enforcement of these zones shall be in a way
44that maximizes public safety.
45     (2)  No later than July 1, 2008, the Department of
46Transportation shall identify enhanced penalty zones on state
47roads where there is a high incidence of fatalities.
48     (3)  The Department of Transportation, pursuant to the
49authority granted under s. 316.187, is authorized to set such
50maximum and minimum speed limits for travel within enhanced
51penalty zones as it deems safe and advisable.
52     (4)  The Department of Transportation shall adopt a uniform
53system of traffic control devices for use in conjunction with
54enhanced penalty zones pursuant to the authority granted under
55s. 316.0745.
56     (5)  A person may not drive a vehicle on a roadway
57designated as an enhanced penalty zone at a speed greater than
58that posted in the enhanced penalty zone in accordance with this
59section. A person who violates the speed limit within a legally
60posted enhanced penalty zone established under this section
61commits a moving violation, punishable as provided in chapter
62318.
63     (6)  The Department of Highway Safety and Motor Vehicles
64shall annually publish the date, time, and number of citations
65issued both in and outside enhanced penalty zones and shall make
66available statistical information based thereon as to the number
67and circumstances of traffic citations inside an enhanced
68penalty zone.
69     Section 2.  The Department of Transportation, the
70Department of Highway Safety and Motor Vehicles, and the
71Department of Education shall jointly conduct a study of highway
72safety and transportation issues as they relate to public
73safety, including, but not limited to, engineering, enforcement,
74and policy, to identify measurable improvements to reduce
75highway traffic fatalities by one-third of the 2005 traffic
76death statistics. The results of the study shall be presented to
77the Governor, the President of the Senate, and the Speaker of
78the House of Representatives no later than July 1, 2007, for a
79public hearing and development of legislative recommendations.
80     Section 3.  Paragraph (d) of subsection (3) of section
81318.18, Florida Statutes, is amended, paragraphs (e) and (f) of
82that subsection are redesignated as paragraphs (f) and (g),
83respectively, and a new paragraph (e) is added to that
84subsection, to read:
85     318.18  Amount of civil penalties.--The penalties required
86for a noncriminal disposition pursuant to s. 318.14 are as
87follows:
88     (3)
89     (d)  A person cited for exceeding the speed limit in a
90posted construction zone shall pay a fine double the amount
91listed in paragraph (b). The fine shall be doubled for
92construction zone violations only if construction personnel are
93present or operating equipment on the road or immediately
94adjacent to the road under construction.
95     (e)  A person cited for exceeding the speed limit in an
96enhanced penalty zone shall pay a fine amount of $50 plus the
97amount listed in paragraph (b). Notwithstanding paragraph (b), a
98person cited for exceeding the speed limit by up to 5 m.p.h. in
99a legally posted enhanced penalty zone shall pay a fine amount
100of $50.
101     Section 4.  Subsections (4) and (5) of section 318.21,
102Florida Statutes, are amended to read:
103     318.21  Disposition of civil penalties by county
104courts.--All civil penalties received by a county court pursuant
105to the provisions of this chapter shall be distributed and paid
106monthly as follows:
107     (4)  Of the additional fine assessed under s.
108318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must
109be remitted to the Department of Revenue for deposit in the
110Grants and Donations Trust Fund of the Division of Blind
111Services of the Department of Education, and 60 percent must be
112distributed pursuant to subsections (1) and (2).
113     (5)  Of the additional fine assessed under s.
114318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must
115be remitted to the Department of Revenue for deposit in the
116endowment fund for the Florida Endowment Foundation for
117Vocational Rehabilitation, and 40 percent must be distributed
118pursuant to subsections (1) and (2) of this section.
119     Section 5.  For the purpose of incorporating the amendment
120made by this act to section 318.18, Florida Statutes, in
121references thereto, subsections (2), (5), and (9) of section
122318.14, Florida Statutes, are reenacted to read:
123     318.14  Noncriminal traffic infractions; exception;
124procedures.--
125     (2)  Except as provided in s. 316.1001(2), any person cited
126for an infraction under this section must sign and accept a
127citation indicating a promise to appear. The officer may
128indicate on the traffic citation the time and location of the
129scheduled hearing and must indicate the applicable civil penalty
130established in s. 318.18.
131     (5)  Any person electing to appear before the designated
132official or who is required so to appear shall be deemed to have
133waived his or her right to the civil penalty provisions of s.
134318.18. The official, after a hearing, shall make a
135determination as to whether an infraction has been committed. If
136the commission of an infraction has been proven, the official
137may impose a civil penalty not to exceed $500, except that in
138cases involving unlawful speed in a school zone or involving
139unlawful speed in a construction zone, the civil penalty may not
140exceed $1,000; or require attendance at a driver improvement
141school, or both. If the person is required to appear before the
142designated official pursuant to s. 318.19(1) and is found to
143have committed the infraction, the designated official shall
144impose a civil penalty of $1,000 in addition to any other
145penalties and the person's driver's license shall be suspended
146for 6 months. If the person is required to appear before the
147designated official pursuant to s. 318.19(2) and is found to
148have committed the infraction, the designated official shall
149impose a civil penalty of $500 in addition to any other
150penalties and the person's driver's license shall be suspended
151for 3 months. If the official determines that no infraction has
152been committed, no costs or penalties shall be imposed and any
153costs or penalties that have been paid shall be returned. Moneys
154received from the mandatory civil penalties imposed pursuant to
155this subsection upon persons required to appear before a
156designated official pursuant to s. 318.19(1) or (2) shall be
157remitted to the Department of Revenue and deposited into the
158Department of Health Administrative Trust Fund to provide
159financial support to certified trauma centers to assure the
160availability and accessibility of trauma services throughout the
161state. Funds deposited into the Administrative Trust Fund under
162this section shall be allocated as follows:
163     (a)  Fifty percent shall be allocated equally among all
164Level I, Level II, and pediatric trauma centers in recognition
165of readiness costs for maintaining trauma services.
166     (b)  Fifty percent shall be allocated among Level I, Level
167II, and pediatric trauma centers based on each center's relative
168volume of trauma cases as reported in the Department of Health
169Trauma Registry.
170     (9)  Any person who does not hold a commercial driver's
171license and who is cited for an infraction under this section
172other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
173s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
174of a court appearance, elect to attend in the location of his or
175her choice within this state a basic driver improvement course
176approved by the Department of Highway Safety and Motor Vehicles.
177In such a case, adjudication must be withheld; points, as
178provided by s. 322.27, may not be assessed; and the civil
179penalty that is imposed by s. 318.18(3) must be reduced by 18
180percent; however, a person may not make an election under this
181subsection if the person has made an election under this
182subsection in the preceding 12 months. A person may make no more
183than five elections under this subsection. The requirement for
184community service under s. 318.18(8) is not waived by a plea of
185nolo contendere or by the withholding of adjudication of guilt
186by a court.
187     Section 6.  For the purpose of incorporating the amendment
188made by this act to section 318.18, Florida Statutes, in
189references thereto, paragraph (a) of subsection (1) and
190subsection (2) of section 318.15, Florida Statutes, are
191reenacted to read:
192     318.15  Failure to comply with civil penalty or to appear;
193penalty.--
194     (1)(a)  If a person fails to comply with the civil
195penalties provided in s. 318.18 within the time period specified
196in s. 318.14(4), fails to attend driver improvement school, or
197fails to appear at a scheduled hearing, the clerk of the court
198shall notify the Division of Driver Licenses of the Department
199of Highway Safety and Motor Vehicles of such failure within 10
200days after such failure. Upon receipt of such notice, the
201department shall immediately issue an order suspending the
202driver's license and privilege to drive of such person effective
20320 days after the date the order of suspension is mailed in
204accordance with s. 322.251(1), (2), and (6). Any such suspension
205of the driving privilege which has not been reinstated,
206including a similar suspension imposed outside Florida, shall
207remain on the records of the department for a period of 7 years
208from the date imposed and shall be removed from the records
209after the expiration of 7 years from the date it is imposed.
210     (2)  After suspension of the driver's license and privilege
211to drive of a person under subsection (1), the license and
212privilege may not be reinstated until the person complies with
213all obligations and penalties imposed on him or her under s.
214318.18 and presents to a driver license office a certificate of
215compliance issued by the court, together with a nonrefundable
216service charge of up to $47.50 imposed under s. 322.29, or
217presents a certificate of compliance and pays the aforementioned
218service charge of up to $47.50 to the clerk of the court or tax
219collector clearing such suspension. Of the charge collected by
220the clerk of the court or the tax collector, $10 shall be
221remitted to the Department of Revenue to be deposited into the
222Highway Safety Operating Trust Fund. Such person shall also be
223in compliance with requirements of chapter 322 prior to
224reinstatement.
225     Section 7.  For the purpose of incorporating the amendment
226made by this act to section 318.18, Florida Statutes, in a
227reference thereto, subsection (7) of section 318.21, Florida
228Statutes, is reenacted to read:
229     318.21  Disposition of civil penalties by county
230courts.--All civil penalties received by a county court pursuant
231to the provisions of this chapter shall be distributed and paid
232monthly as follows:
233     (7)  For fines assessed under s. 318.18(3) for unlawful
234speed, the following amounts must be remitted to the Department
235of Revenue for deposit in the Nongame Wildlife Trust Fund:
236
237For speed exceeding the limit by:     Fine:
238     1-5 m.p.h.     $ .00
239     6-9 m.p.h.     $ .25
240     10-14 m.p.h.     $ 3.00
241     15-19 m.p.h.     $ 4.00
242     20-29 m.p.h.     $ 5.00
243     30 m.p.h. and above.     $10.00
244
245The remaining amount must be distributed pursuant to subsections
246(1) and (2).
247     Section 8.  For the purpose of incorporating the amendment
248made by this act to section 318.18, Florida Statutes, in a
249reference thereto, paragraph (b) of subsection (4) of section
250402.40, Florida Statutes, is reenacted to read:
251     402.40  Child welfare training.--
252     (4)  CHILD WELFARE TRAINING TRUST FUND.--
253     (b)  One dollar from every noncriminal traffic infraction
254collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
255deposited into the Child Welfare Training Trust Fund.
256     Section 9.  For the purpose of incorporating the amendment
257made by this act to section 318.18, Florida Statutes, in a
258reference thereto, paragraph (b) of subsection (4) of section
259985.406, Florida Statutes, is reenacted to read:
260     985.406  Juvenile justice training academies established;
261Juvenile Justice Standards and Training Commission created;
262Juvenile Justice Training Trust Fund created.--
263     (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
264     (b)  One dollar from every noncriminal traffic infraction
265collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
266deposited into the Juvenile Justice Training Trust Fund.
267     Section 10.  This act shall take effect July 1, 2006.


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