1 | The Transportation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to speed limit enforcement on state roads; |
7 | creating s. 316.1893, F.S.; providing legislative intent; |
8 | providing for establishment by the Department of |
9 | Transportation of enhanced penalty zones on state roads; |
10 | authorizing the department to set speed limits within |
11 | those zones; directing the department to adopt a uniform |
12 | system of traffic control devices to be used within the |
13 | zones; prohibiting operation of a vehicle at a speed |
14 | greater than that posted in the enhanced penalty zone; |
15 | directing the Department of Highway Safety and Motor |
16 | Vehicles to tabulate citations issued within enhanced |
17 | penalty zones and make available certain information; |
18 | directing the Department of Transportation, the Department |
19 | of Highway Safety and Motor Vehicles, and the Department |
20 | of Education to conduct a study and report to the Governor |
21 | and the Legislature for certain purposes; amending s. |
22 | 318.18, F.S.; removing a condition for an increased |
23 | penalty for violation of posted speed in a construction |
24 | zone; providing penalties for violation of posted speed in |
25 | an enhanced penalty zone; providing for distribution of |
26 | moneys collected; amending s. 318.21, F.S.; correcting |
27 | cross-references to conform to changes made by the act; |
28 | reenacting ss. 318.14(2), (5), and (9), 318.15(1)(a) and |
29 | (2), 318.21(7), 402.40(4)(b), and 985.406(4)(b), F.S., |
30 | relating to noncriminal traffic infraction procedures, |
31 | failure to comply with civil penalty or to appear, |
32 | disposition of civil penalties by county courts, child |
33 | welfare training, and juvenile justice training academies, |
34 | respectively, for the purpose of incorporating the |
35 | amendment made to s. 318.18, F.S., in references thereto; |
36 | providing an effective date. |
37 |
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38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Section 316.1893, Florida Statutes, is created |
41 | to read: |
42 | 316.1893 Establishment of enhanced penalty zones; |
43 | designation.-- |
44 | (1) It is the intent of the Legislature to prevent |
45 | vehicular fatalities by prioritizing enforcement on segments of |
46 | highways that have a high incidence of fatalities. Enforcement |
47 | shall also be prioritized during the times that fatalities most |
48 | often occur. The enforcement of these zones shall be in a way |
49 | that maximizes public safety. |
50 | (2) No later than July 1, 2008, the Department of |
51 | Transportation shall identify enhanced penalty zones on state |
52 | roads where there is a high incidence of fatalities. |
53 | (3) The Department of Transportation, pursuant to the |
54 | authority granted under s. 316.187, is authorized to set such |
55 | maximum and minimum speed limits for travel within enhanced |
56 | penalty zones as it deems safe and advisable. |
57 | (4) The Department of Transportation shall adopt a uniform |
58 | system of traffic control devices for use in conjunction with |
59 | enhanced penalty zones pursuant to the authority granted under |
60 | s. 316.0745. |
61 | (5) A person may not drive a vehicle on a roadway |
62 | designated as an enhanced penalty zone at a speed greater than |
63 | that posted in the enhanced penalty zone in accordance with this |
64 | section. A person who violates the speed limit within a legally |
65 | posted enhanced penalty zone established under this section |
66 | commits a moving violation, punishable as provided in chapter |
67 | 318. |
68 | (6) The Department of Highway Safety and Motor Vehicles |
69 | shall annually publish the date, time, and number of citations |
70 | issued both in and outside enhanced penalty zones and shall make |
71 | available statistical information based thereon as to the number |
72 | and circumstances of traffic citations inside an enhanced |
73 | penalty zone. |
74 | Section 2. The Department of Transportation, the |
75 | Department of Highway Safety and Motor Vehicles, and the |
76 | Department of Education shall jointly conduct a study of highway |
77 | safety and transportation issues as they relate to public |
78 | safety, including, but not limited to, engineering, enforcement, |
79 | and policy, to identify measurable improvements to reduce |
80 | highway traffic fatalities by one-third of the 2005 traffic |
81 | death statistics. The results of the study shall be presented to |
82 | the Governor, the President of the Senate, and the Speaker of |
83 | the House of Representatives no later than July 1, 2007, for a |
84 | public hearing and development of legislative recommendations. |
85 | Section 3. Paragraph (d) of subsection (3) of section |
86 | 318.18, Florida Statutes, is amended, paragraphs (e) and (f) of |
87 | that subsection are redesignated as paragraphs (f) and (g), |
88 | respectively, and a new paragraph (e) is added to that |
89 | subsection, to read: |
90 | 318.18 Amount of civil penalties.--The penalties required |
91 | for a noncriminal disposition pursuant to s. 318.14 are as |
92 | follows: |
93 | (3) |
94 | (d) A person cited for exceeding the speed limit in a |
95 | posted construction zone shall pay a fine double the amount |
96 | listed in paragraph (b). The fine shall be doubled for |
97 | construction zone violations only if construction personnel are |
98 | present or operating equipment on the road or immediately |
99 | adjacent to the road under construction. |
100 | (e) A person cited for exceeding the speed limit in an |
101 | enhanced penalty zone shall pay a fine amount of $50 plus the |
102 | amount listed in paragraph (b). Notwithstanding paragraph (b), a |
103 | person cited for exceeding the speed limit by up to 5 m.p.h. in |
104 | a legally posted enhanced penalty zone shall pay a fine amount |
105 | of $50. |
106 | 1. Fifty percent of the moneys received from the enhanced |
107 | fine imposed by this paragraph shall be remitted to the |
108 | Department of Revenue and deposited into the Department of |
109 | Health Administrative Trust Fund to provide financial support to |
110 | certified trauma centers to ensure the availability and |
111 | accessibility of trauma services throughout the state. Funds |
112 | deposited into the Administrative Trust Fund under this |
113 | paragraph shall be allocated as follows: |
114 | a. Fifty percent shall be allocated equally among all |
115 | Level I, Level II, and pediatric trauma centers in recognition |
116 | of readiness costs for maintaining trauma services. |
117 | b. Fifty percent shall be allocated among Level I, Level |
118 | II, and pediatric trauma centers based on each center's relative |
119 | volume of trauma cases as reported in the Department of Health |
120 | Trauma Registry. |
121 | 2. The remainder of the enhanced fine moneys imposed by |
122 | this paragraph shall be remitted for disposition under s. |
123 | 318.21. |
124 | Section 4. Subsections (4) and (5) of section 318.21, |
125 | Florida Statutes, are amended to read: |
126 | 318.21 Disposition of civil penalties by county |
127 | courts.--All civil penalties received by a county court pursuant |
128 | to the provisions of this chapter shall be distributed and paid |
129 | monthly as follows: |
130 | (4) Of the additional fine assessed under s. |
131 | 318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must |
132 | be remitted to the Department of Revenue for deposit in the |
133 | Grants and Donations Trust Fund of the Division of Blind |
134 | Services of the Department of Education, and 60 percent must be |
135 | distributed pursuant to subsections (1) and (2). |
136 | (5) Of the additional fine assessed under s. |
137 | 318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must |
138 | be remitted to the Department of Revenue for deposit in the |
139 | endowment fund for the Florida Endowment Foundation for |
140 | Vocational Rehabilitation, and 40 percent must be distributed |
141 | pursuant to subsections (1) and (2) of this section. |
142 | Section 5. For the purpose of incorporating the amendment |
143 | made by this act to section 318.18, Florida Statutes, in |
144 | references thereto, subsections (2), (5), and (9) of section |
145 | 318.14, Florida Statutes, are reenacted to read: |
146 | 318.14 Noncriminal traffic infractions; exception; |
147 | procedures.-- |
148 | (2) Except as provided in s. 316.1001(2), any person cited |
149 | for an infraction under this section must sign and accept a |
150 | citation indicating a promise to appear. The officer may |
151 | indicate on the traffic citation the time and location of the |
152 | scheduled hearing and must indicate the applicable civil penalty |
153 | established in s. 318.18. |
154 | (5) Any person electing to appear before the designated |
155 | official or who is required so to appear shall be deemed to have |
156 | waived his or her right to the civil penalty provisions of s. |
157 | 318.18. The official, after a hearing, shall make a |
158 | determination as to whether an infraction has been committed. If |
159 | the commission of an infraction has been proven, the official |
160 | may impose a civil penalty not to exceed $500, except that in |
161 | cases involving unlawful speed in a school zone or involving |
162 | unlawful speed in a construction zone, the civil penalty may not |
163 | exceed $1,000; or require attendance at a driver improvement |
164 | school, or both. If the person is required to appear before the |
165 | designated official pursuant to s. 318.19(1) and is found to |
166 | have committed the infraction, the designated official shall |
167 | impose a civil penalty of $1,000 in addition to any other |
168 | penalties and the person's driver's license shall be suspended |
169 | for 6 months. If the person is required to appear before the |
170 | designated official pursuant to s. 318.19(2) and is found to |
171 | have committed the infraction, the designated official shall |
172 | impose a civil penalty of $500 in addition to any other |
173 | penalties and the person's driver's license shall be suspended |
174 | for 3 months. If the official determines that no infraction has |
175 | been committed, no costs or penalties shall be imposed and any |
176 | costs or penalties that have been paid shall be returned. Moneys |
177 | received from the mandatory civil penalties imposed pursuant to |
178 | this subsection upon persons required to appear before a |
179 | designated official pursuant to s. 318.19(1) or (2) shall be |
180 | remitted to the Department of Revenue and deposited into the |
181 | Department of Health Administrative Trust Fund to provide |
182 | financial support to certified trauma centers to assure the |
183 | availability and accessibility of trauma services throughout the |
184 | state. Funds deposited into the Administrative Trust Fund under |
185 | this section shall be allocated as follows: |
186 | (a) Fifty percent shall be allocated equally among all |
187 | Level I, Level II, and pediatric trauma centers in recognition |
188 | of readiness costs for maintaining trauma services. |
189 | (b) Fifty percent shall be allocated among Level I, Level |
190 | II, and pediatric trauma centers based on each center's relative |
191 | volume of trauma cases as reported in the Department of Health |
192 | Trauma Registry. |
193 | (9) Any person who does not hold a commercial driver's |
194 | license and who is cited for an infraction under this section |
195 | other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), |
196 | s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu |
197 | of a court appearance, elect to attend in the location of his or |
198 | her choice within this state a basic driver improvement course |
199 | approved by the Department of Highway Safety and Motor Vehicles. |
200 | In such a case, adjudication must be withheld; points, as |
201 | provided by s. 322.27, may not be assessed; and the civil |
202 | penalty that is imposed by s. 318.18(3) must be reduced by 18 |
203 | percent; however, a person may not make an election under this |
204 | subsection if the person has made an election under this |
205 | subsection in the preceding 12 months. A person may make no more |
206 | than five elections under this subsection. The requirement for |
207 | community service under s. 318.18(8) is not waived by a plea of |
208 | nolo contendere or by the withholding of adjudication of guilt |
209 | by a court. |
210 | Section 6. For the purpose of incorporating the amendment |
211 | made by this act to section 318.18, Florida Statutes, in |
212 | references thereto, paragraph (a) of subsection (1) and |
213 | subsection (2) of section 318.15, Florida Statutes, are |
214 | reenacted to read: |
215 | 318.15 Failure to comply with civil penalty or to appear; |
216 | penalty.-- |
217 | (1)(a) If a person fails to comply with the civil |
218 | penalties provided in s. 318.18 within the time period specified |
219 | in s. 318.14(4), fails to attend driver improvement school, or |
220 | fails to appear at a scheduled hearing, the clerk of the court |
221 | shall notify the Division of Driver Licenses of the Department |
222 | of Highway Safety and Motor Vehicles of such failure within 10 |
223 | days after such failure. Upon receipt of such notice, the |
224 | department shall immediately issue an order suspending the |
225 | driver's license and privilege to drive of such person effective |
226 | 20 days after the date the order of suspension is mailed in |
227 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
228 | of the driving privilege which has not been reinstated, |
229 | including a similar suspension imposed outside Florida, shall |
230 | remain on the records of the department for a period of 7 years |
231 | from the date imposed and shall be removed from the records |
232 | after the expiration of 7 years from the date it is imposed. |
233 | (2) After suspension of the driver's license and privilege |
234 | to drive of a person under subsection (1), the license and |
235 | privilege may not be reinstated until the person complies with |
236 | all obligations and penalties imposed on him or her under s. |
237 | 318.18 and presents to a driver license office a certificate of |
238 | compliance issued by the court, together with a nonrefundable |
239 | service charge of up to $47.50 imposed under s. 322.29, or |
240 | presents a certificate of compliance and pays the aforementioned |
241 | service charge of up to $47.50 to the clerk of the court or tax |
242 | collector clearing such suspension. Of the charge collected by |
243 | the clerk of the court or the tax collector, $10 shall be |
244 | remitted to the Department of Revenue to be deposited into the |
245 | Highway Safety Operating Trust Fund. Such person shall also be |
246 | in compliance with requirements of chapter 322 prior to |
247 | reinstatement. |
248 | Section 7. For the purpose of incorporating the amendment |
249 | made by this act to section 318.18, Florida Statutes, in a |
250 | reference thereto, subsection (7) of section 318.21, Florida |
251 | Statutes, is reenacted to read: |
252 | 318.21 Disposition of civil penalties by county |
253 | courts.--All civil penalties received by a county court pursuant |
254 | to the provisions of this chapter shall be distributed and paid |
255 | monthly as follows: |
256 | (7) For fines assessed under s. 318.18(3) for unlawful |
257 | speed, the following amounts must be remitted to the Department |
258 | of Revenue for deposit in the Nongame Wildlife Trust Fund: |
259 |
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260 | For speed exceeding the limit by: Fine: |
261 | 1-5 m.p.h. $ .00 |
262 | 6-9 m.p.h. $ .25 |
263 | 10-14 m.p.h. $ 3.00 |
264 | 15-19 m.p.h. $ 4.00 |
265 | 20-29 m.p.h. $ 5.00 |
266 | 30 m.p.h. and above. $10.00 |
267 |
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268 | The remaining amount must be distributed pursuant to subsections |
269 | (1) and (2). |
270 | Section 8. For the purpose of incorporating the amendment |
271 | made by this act to section 318.18, Florida Statutes, in a |
272 | reference thereto, paragraph (b) of subsection (4) of section |
273 | 402.40, Florida Statutes, is reenacted to read: |
274 | 402.40 Child welfare training.-- |
275 | (4) CHILD WELFARE TRAINING TRUST FUND.-- |
276 | (b) One dollar from every noncriminal traffic infraction |
277 | collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be |
278 | deposited into the Child Welfare Training Trust Fund. |
279 | Section 9. For the purpose of incorporating the amendment |
280 | made by this act to section 318.18, Florida Statutes, in a |
281 | reference thereto, paragraph (b) of subsection (4) of section |
282 | 985.406, Florida Statutes, is reenacted to read: |
283 | 985.406 Juvenile justice training academies established; |
284 | Juvenile Justice Standards and Training Commission created; |
285 | Juvenile Justice Training Trust Fund created.-- |
286 | (4) JUVENILE JUSTICE TRAINING TRUST FUND.-- |
287 | (b) One dollar from every noncriminal traffic infraction |
288 | collected pursuant to ss. 318.14(10)(b) and 318.18 shall be |
289 | deposited into the Juvenile Justice Training Trust Fund. |
290 | Section 10. This act shall take effect July 1, 2006. |