HB 1465CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to speed limit enforcement on state roads;
7creating s. 316.1893, F.S.; providing legislative intent;
8providing for establishment by the Department of
9Transportation of enhanced penalty zones on state roads;
10authorizing the department to set speed limits within
11those zones; directing the department to adopt a uniform
12system of traffic control devices to be used within the
13zones; prohibiting operation of a vehicle at a speed
14greater than that posted in the enhanced penalty zone;
15directing the Department of Highway Safety and Motor
16Vehicles to tabulate citations issued within enhanced
17penalty zones and make available certain information;
18directing the Department of Transportation, the Department
19of Highway Safety and Motor Vehicles, and the Department
20of Education to conduct a study and report to the Governor
21and the Legislature for certain purposes; amending s.
22318.18, F.S.; removing a condition for an increased
23penalty for violation of posted speed in a construction
24zone; providing penalties for violation of posted speed in
25an enhanced penalty zone; providing for distribution of
26moneys collected; amending s. 318.21, F.S.; correcting
27cross-references to conform to changes made by the act;
28reenacting 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.,
30relating to noncriminal traffic infraction procedures,
31failure to comply with civil penalty or to appear,
32disposition of civil penalties by county courts, child
33welfare training, and juvenile justice training academies,
34respectively, for the purpose of incorporating the
35amendment made to s. 318.18, F.S., in references thereto;
36providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Section 316.1893, Florida Statutes, is created
41to read:
42     316.1893  Establishment of enhanced penalty zones;
43designation.--
44     (1)  It is the intent of the Legislature to prevent
45vehicular fatalities by prioritizing enforcement on segments of
46highways that have a high incidence of fatalities. Enforcement
47shall also be prioritized during the times that fatalities most
48often occur. The enforcement of these zones shall be in a way
49that maximizes public safety.
50     (2)  No later than July 1, 2008, the Department of
51Transportation shall identify enhanced penalty zones on state
52roads where there is a high incidence of fatalities.
53     (3)  The Department of Transportation, pursuant to the
54authority granted under s. 316.187, is authorized to set such
55maximum and minimum speed limits for travel within enhanced
56penalty zones as it deems safe and advisable.
57     (4)  The Department of Transportation shall adopt a uniform
58system of traffic control devices for use in conjunction with
59enhanced penalty zones pursuant to the authority granted under
60s. 316.0745.
61     (5)  A person may not drive a vehicle on a roadway
62designated as an enhanced penalty zone at a speed greater than
63that posted in the enhanced penalty zone in accordance with this
64section. A person who violates the speed limit within a legally
65posted enhanced penalty zone established under this section
66commits a moving violation, punishable as provided in chapter
67318.
68     (6)  The Department of Highway Safety and Motor Vehicles
69shall annually publish the date, time, and number of citations
70issued both in and outside enhanced penalty zones and shall make
71available statistical information based thereon as to the number
72and circumstances of traffic citations inside an enhanced
73penalty zone.
74     Section 2.  The Department of Transportation, the
75Department of Highway Safety and Motor Vehicles, and the
76Department of Education shall jointly conduct a study of highway
77safety and transportation issues as they relate to public
78safety, including, but not limited to, engineering, enforcement,
79and policy, to identify measurable improvements to reduce
80highway traffic fatalities by one-third of the 2005 traffic
81death statistics. The results of the study shall be presented to
82the Governor, the President of the Senate, and the Speaker of
83the House of Representatives no later than July 1, 2007, for a
84public hearing and development of legislative recommendations.
85     Section 3.  Paragraph (d) of subsection (3) of section
86318.18, Florida Statutes, is amended, paragraphs (e) and (f) of
87that subsection are redesignated as paragraphs (f) and (g),
88respectively, and a new paragraph (e) is added to that
89subsection, to read:
90     318.18  Amount of civil penalties.--The penalties required
91for a noncriminal disposition pursuant to s. 318.14 are as
92follows:
93     (3)
94     (d)  A person cited for exceeding the speed limit in a
95posted construction zone shall pay a fine double the amount
96listed in paragraph (b). The fine shall be doubled for
97construction zone violations only if construction personnel are
98present or operating equipment on the road or immediately
99adjacent to the road under construction.
100     (e)  A person cited for exceeding the speed limit in an
101enhanced penalty zone shall pay a fine amount of $50 plus the
102amount listed in paragraph (b). Notwithstanding paragraph (b), a
103person cited for exceeding the speed limit by up to 5 m.p.h. in
104a legally posted enhanced penalty zone shall pay a fine amount
105of $50.
106     1.  Fifty percent of the moneys received from the enhanced
107fine imposed by this paragraph shall be remitted to the
108Department of Revenue and deposited into the Department of
109Health Administrative Trust Fund to provide financial support to
110certified trauma centers to ensure the availability and
111accessibility of trauma services throughout the state. Funds
112deposited into the Administrative Trust Fund under this
113paragraph shall be allocated as follows:
114     a.  Fifty percent shall be allocated equally among all
115Level I, Level II, and pediatric trauma centers in recognition
116of readiness costs for maintaining trauma services.
117     b.  Fifty percent shall be allocated among Level I, Level
118II, and pediatric trauma centers based on each center's relative
119volume of trauma cases as reported in the Department of Health
120Trauma Registry.
121     2.  The remainder of the enhanced fine moneys imposed by
122this paragraph shall be remitted for disposition under s.
123318.21.
124     Section 4.  Subsections (4) and (5) of section 318.21,
125Florida Statutes, are amended to read:
126     318.21  Disposition of civil penalties by county
127courts.--All civil penalties received by a county court pursuant
128to the provisions of this chapter shall be distributed and paid
129monthly as follows:
130     (4)  Of the additional fine assessed under s.
131318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must
132be remitted to the Department of Revenue for deposit in the
133Grants and Donations Trust Fund of the Division of Blind
134Services of the Department of Education, and 60 percent must be
135distributed pursuant to subsections (1) and (2).
136     (5)  Of the additional fine assessed under s.
137318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must
138be remitted to the Department of Revenue for deposit in the
139endowment fund for the Florida Endowment Foundation for
140Vocational Rehabilitation, and 40 percent must be distributed
141pursuant to subsections (1) and (2) of this section.
142     Section 5.  For the purpose of incorporating the amendment
143made by this act to section 318.18, Florida Statutes, in
144references thereto, subsections (2), (5), and (9) of section
145318.14, Florida Statutes, are reenacted to read:
146     318.14  Noncriminal traffic infractions; exception;
147procedures.--
148     (2)  Except as provided in s. 316.1001(2), any person cited
149for an infraction under this section must sign and accept a
150citation indicating a promise to appear. The officer may
151indicate on the traffic citation the time and location of the
152scheduled hearing and must indicate the applicable civil penalty
153established in s. 318.18.
154     (5)  Any person electing to appear before the designated
155official or who is required so to appear shall be deemed to have
156waived his or her right to the civil penalty provisions of s.
157318.18. The official, after a hearing, shall make a
158determination as to whether an infraction has been committed. If
159the commission of an infraction has been proven, the official
160may impose a civil penalty not to exceed $500, except that in
161cases involving unlawful speed in a school zone or involving
162unlawful speed in a construction zone, the civil penalty may not
163exceed $1,000; or require attendance at a driver improvement
164school, or both. If the person is required to appear before the
165designated official pursuant to s. 318.19(1) and is found to
166have committed the infraction, the designated official shall
167impose a civil penalty of $1,000 in addition to any other
168penalties and the person's driver's license shall be suspended
169for 6 months. If the person is required to appear before the
170designated official pursuant to s. 318.19(2) and is found to
171have committed the infraction, the designated official shall
172impose a civil penalty of $500 in addition to any other
173penalties and the person's driver's license shall be suspended
174for 3 months. If the official determines that no infraction has
175been committed, no costs or penalties shall be imposed and any
176costs or penalties that have been paid shall be returned. Moneys
177received from the mandatory civil penalties imposed pursuant to
178this subsection upon persons required to appear before a
179designated official pursuant to s. 318.19(1) or (2) shall be
180remitted to the Department of Revenue and deposited into the
181Department of Health Administrative Trust Fund to provide
182financial support to certified trauma centers to assure the
183availability and accessibility of trauma services throughout the
184state. Funds deposited into the Administrative Trust Fund under
185this section shall be allocated as follows:
186     (a)  Fifty percent shall be allocated equally among all
187Level I, Level II, and pediatric trauma centers in recognition
188of readiness costs for maintaining trauma services.
189     (b)  Fifty percent shall be allocated among Level I, Level
190II, and pediatric trauma centers based on each center's relative
191volume of trauma cases as reported in the Department of Health
192Trauma Registry.
193     (9)  Any person who does not hold a commercial driver's
194license and who is cited for an infraction under this section
195other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
196s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
197of a court appearance, elect to attend in the location of his or
198her choice within this state a basic driver improvement course
199approved by the Department of Highway Safety and Motor Vehicles.
200In such a case, adjudication must be withheld; points, as
201provided by s. 322.27, may not be assessed; and the civil
202penalty that is imposed by s. 318.18(3) must be reduced by 18
203percent; however, a person may not make an election under this
204subsection if the person has made an election under this
205subsection in the preceding 12 months. A person may make no more
206than five elections under this subsection. The requirement for
207community service under s. 318.18(8) is not waived by a plea of
208nolo contendere or by the withholding of adjudication of guilt
209by a court.
210     Section 6.  For the purpose of incorporating the amendment
211made by this act to section 318.18, Florida Statutes, in
212references thereto, paragraph (a) of subsection (1) and
213subsection (2) of section 318.15, Florida Statutes, are
214reenacted to read:
215     318.15  Failure to comply with civil penalty or to appear;
216penalty.--
217     (1)(a)  If a person fails to comply with the civil
218penalties provided in s. 318.18 within the time period specified
219in s. 318.14(4), fails to attend driver improvement school, or
220fails to appear at a scheduled hearing, the clerk of the court
221shall notify the Division of Driver Licenses of the Department
222of Highway Safety and Motor Vehicles of such failure within 10
223days after such failure. Upon receipt of such notice, the
224department shall immediately issue an order suspending the
225driver's license and privilege to drive of such person effective
22620 days after the date the order of suspension is mailed in
227accordance with s. 322.251(1), (2), and (6). Any such suspension
228of the driving privilege which has not been reinstated,
229including a similar suspension imposed outside Florida, shall
230remain on the records of the department for a period of 7 years
231from the date imposed and shall be removed from the records
232after the expiration of 7 years from the date it is imposed.
233     (2)  After suspension of the driver's license and privilege
234to drive of a person under subsection (1), the license and
235privilege may not be reinstated until the person complies with
236all obligations and penalties imposed on him or her under s.
237318.18 and presents to a driver license office a certificate of
238compliance issued by the court, together with a nonrefundable
239service charge of up to $47.50 imposed under s. 322.29, or
240presents a certificate of compliance and pays the aforementioned
241service charge of up to $47.50 to the clerk of the court or tax
242collector clearing such suspension. Of the charge collected by
243the clerk of the court or the tax collector, $10 shall be
244remitted to the Department of Revenue to be deposited into the
245Highway Safety Operating Trust Fund. Such person shall also be
246in compliance with requirements of chapter 322 prior to
247reinstatement.
248     Section 7.  For the purpose of incorporating the amendment
249made by this act to section 318.18, Florida Statutes, in a
250reference thereto, subsection (7) of section 318.21, Florida
251Statutes, is reenacted to read:
252     318.21  Disposition of civil penalties by county
253courts.--All civil penalties received by a county court pursuant
254to the provisions of this chapter shall be distributed and paid
255monthly as follows:
256     (7)  For fines assessed under s. 318.18(3) for unlawful
257speed, the following amounts must be remitted to the Department
258of Revenue for deposit in the Nongame Wildlife Trust Fund:
259
260For 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
268The remaining amount must be distributed pursuant to subsections
269(1) and (2).
270     Section 8.  For the purpose of incorporating the amendment
271made by this act to section 318.18, Florida Statutes, in a
272reference thereto, paragraph (b) of subsection (4) of section
273402.40, 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
277collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
278deposited into the Child Welfare Training Trust Fund.
279     Section 9.  For the purpose of incorporating the amendment
280made by this act to section 318.18, Florida Statutes, in a
281reference thereto, paragraph (b) of subsection (4) of section
282985.406, Florida Statutes, is reenacted to read:
283     985.406  Juvenile justice training academies established;
284Juvenile Justice Standards and Training Commission created;
285Juvenile Justice Training Trust Fund created.--
286     (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
287     (b)  One dollar from every noncriminal traffic infraction
288collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
289deposited into the Juvenile Justice Training Trust Fund.
290     Section 10.  This act shall take effect July 1, 2006.


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