| 1 | The Transportation & Economic Development Appropriations |
| 2 | Committee recommends the following: |
| 3 |
|
| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to speed limit enforcement on state roads; |
| 8 | creating s. 316.1893, F.S.; providing legislative intent; |
| 9 | creating a pilot program for establishment by the |
| 10 | Department of Transportation of enhanced penalty zones on |
| 11 | state roads in certain counties; providing for future |
| 12 | review and repeal of the pilot program; authorizing the |
| 13 | department to set speed limits within enhanced penalty |
| 14 | zones; directing the department to adopt a uniform system |
| 15 | of traffic control devices to be used within the zones; |
| 16 | prohibiting operation of a vehicle at a speed greater than |
| 17 | that posted in the enhanced penalty zone; directing the |
| 18 | Department of Highway Safety and Motor Vehicles to |
| 19 | tabulate citations issued within enhanced penalty zones |
| 20 | and make available certain information; directing the |
| 21 | Department of Transportation, the Department of Highway |
| 22 | Safety and Motor Vehicles, and the Department of Education |
| 23 | to conduct a study and report to the Governor and the |
| 24 | Legislature for certain purposes; amending s. 318.18, |
| 25 | F.S.; specifying criteria for posting in a construction |
| 26 | zone; providing penalties for violation of posted speed in |
| 27 | an enhanced penalty zone; amending s. 318.21, F.S.; |
| 28 | correcting cross-references to conform to changes made by |
| 29 | the act; providing for disposition of fines collected; |
| 30 | reenacting ss. 318.14(2), (5), and (9), 318.15(1)(a) and |
| 31 | (2), 318.21(7), 402.40(4)(b), and 985.406(4)(b), F.S., |
| 32 | relating to noncriminal traffic infraction procedures, |
| 33 | failure to comply with civil penalty or to appear, |
| 34 | disposition of civil penalties by county courts, child |
| 35 | welfare training, and juvenile justice training academies, |
| 36 | respectively, for the purpose of incorporating the |
| 37 | amendment made to s. 318.18, F.S., in references thereto; |
| 38 | providing an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Section 316.1893, Florida Statutes, is created |
| 43 | to read: |
| 44 | 316.1893 Establishment of enhanced penalty zones; |
| 45 | designation.-- |
| 46 | (1) It is the intent of the Legislature to prevent |
| 47 | vehicular fatalities by prioritizing enforcement on segments of |
| 48 | highways that have a high incidence of speed-related crashes. |
| 49 | Enforcement shall also be prioritized during the times that |
| 50 | speed-related crashes most often occur. The enforcement of these |
| 51 | zones shall be in a way that maximizes public safety. |
| 52 | (2) No later than July 1, 2007, the Department of |
| 53 | Transportation shall identify enhanced penalty zones on state |
| 54 | roads in Brevard, Duval, and St. Johns Counties as a pilot |
| 55 | program in an effort to reduce speed-related crashes on state |
| 56 | roads. This pilot program shall stand repealed July 1, 2009, |
| 57 | unless reviewed and saved from repeal through reenactment by the |
| 58 | Legislature. |
| 59 | (3) The Department of Transportation, pursuant to the |
| 60 | authority granted under s. 316.187, is authorized to set such |
| 61 | maximum and minimum speed limits for travel within enhanced |
| 62 | penalty zones as it deems safe and advisable. |
| 63 | (4) The Department of Transportation shall adopt a uniform |
| 64 | system of traffic control devices for use in conjunction with |
| 65 | enhanced penalty zones pursuant to the authority granted under |
| 66 | s. 316.0745. |
| 67 | (5) A person may not drive a vehicle on a roadway |
| 68 | designated as an enhanced penalty zone at a speed greater than |
| 69 | that posted in the enhanced penalty zone in accordance with this |
| 70 | section. A person who violates the speed limit within a legally |
| 71 | posted enhanced penalty zone established under this section |
| 72 | commits a moving violation, punishable as provided in chapter |
| 73 | 318. |
| 74 | (6) The Department of Highway Safety and Motor Vehicles |
| 75 | shall annually publish the date, time, and number of citations |
| 76 | issued both in and outside enhanced penalty zones and shall make |
| 77 | available statistical information based thereon as to the number |
| 78 | and circumstances of traffic citations inside an enhanced |
| 79 | penalty zone. |
| 80 | Section 2. The Department of Transportation, the |
| 81 | Department of Highway Safety and Motor Vehicles, and the |
| 82 | Department of Education shall jointly conduct a study of highway |
| 83 | safety and transportation issues as they relate to public |
| 84 | safety, including, but not limited to, engineering, enforcement, |
| 85 | and policy, to identify measurable improvements to reduce |
| 86 | highway traffic fatalities by one-third of the 2005 traffic |
| 87 | death statistics. The results of the study shall be presented to |
| 88 | the Governor, the President of the Senate, and the Speaker of |
| 89 | the House of Representatives no later than July 1, 2007, for a |
| 90 | public hearing and development of legislative recommendations. |
| 91 | Section 3. Paragraph (d) of subsection (3) of section |
| 92 | 318.18, Florida Statutes, is amended, paragraphs (e) and (f) of |
| 93 | that subsection are redesignated as paragraphs (f) and (g), |
| 94 | respectively, and a new paragraph (e) is added to that |
| 95 | subsection, to read: |
| 96 | 318.18 Amount of civil penalties.--The penalties required |
| 97 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 98 | follows: |
| 99 | (3) |
| 100 | (d) A person cited for exceeding the speed limit in a |
| 101 | posted construction zone, which posting must include |
| 102 | notification of the speed limit and the doubling of fines, shall |
| 103 | pay a fine double the amount listed in paragraph (b). The fine |
| 104 | shall be doubled for construction zone violations only if |
| 105 | construction personnel are present or operating equipment on the |
| 106 | road or immediately adjacent to the road under construction. |
| 107 | (e) A person cited for exceeding the speed limit in an |
| 108 | enhanced penalty zone shall pay a fine amount of $50 plus the |
| 109 | amount listed in paragraph (b). Notwithstanding paragraph (b), a |
| 110 | person cited for exceeding the speed limit by up to 5 m.p.h. in |
| 111 | a legally posted enhanced penalty zone shall pay a fine amount |
| 112 | of $50. |
| 113 | Section 4. Subsections (4) and (5) of section 318.21, |
| 114 | Florida Statutes, are amended, and subsection (15) is added to |
| 115 | that section, to read: |
| 116 | 318.21 Disposition of civil penalties by county |
| 117 | courts.--All civil penalties received by a county court pursuant |
| 118 | to the provisions of this chapter shall be distributed and paid |
| 119 | monthly as follows: |
| 120 | (4) Of the additional fine assessed under s. |
| 121 | 318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must |
| 122 | be remitted to the Department of Revenue for deposit in the |
| 123 | Grants and Donations Trust Fund of the Division of Blind |
| 124 | Services of the Department of Education, and 60 percent must be |
| 125 | distributed pursuant to subsections (1) and (2). |
| 126 | (5) Of the additional fine assessed under s. |
| 127 | 318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must |
| 128 | be remitted to the Department of Revenue for deposit in the |
| 129 | endowment fund for the Florida Endowment Foundation for |
| 130 | Vocational Rehabilitation, and 40 percent must be distributed |
| 131 | pursuant to subsections (1) and (2) of this section. |
| 132 | (15) Of the additional fine assessed under s. 318.18(3)(e) |
| 133 | for a violation of s. 316.1893, 50 percent of the moneys |
| 134 | received from the fines shall be appropriated to the Agency for |
| 135 | Health Care Administration as general revenue to provide an |
| 136 | enhanced Medicaid payment to nursing homes that serve Medicaid |
| 137 | recipients with brain and spinal cord injuries. The remaining 50 |
| 138 | percent of the moneys received from the enhanced fine imposed |
| 139 | under s. 318.18(3)(e) shall be remitted to the Department of |
| 140 | Revenue and deposited into the Department of Health |
| 141 | Administrative Trust Fund to provide financial support to |
| 142 | certified trauma centers in Brevard, Duval, and St. Johns |
| 143 | Counties to ensure the availability and accessibility of trauma |
| 144 | services. Funds deposited into the Administrative Trust Fund |
| 145 | under this subsection shall be allocated as follows: |
| 146 | (a) Fifty percent shall be allocated equally among all |
| 147 | Level I, Level II, and pediatric trauma centers in recognition |
| 148 | of readiness costs for maintaining trauma services. |
| 149 | (b) Fifty percent shall be allocated among Level I, Level |
| 150 | II, and pediatric trauma centers based on each center's relative |
| 151 | volume of trauma cases as reported in the Department of Health |
| 152 | Trauma Registry. |
| 153 | Section 5. For the purpose of incorporating the amendment |
| 154 | made by this act to section 318.18, Florida Statutes, in |
| 155 | references thereto, subsections (2), (5), and (9) of section |
| 156 | 318.14, Florida Statutes, are reenacted to read: |
| 157 | 318.14 Noncriminal traffic infractions; exception; |
| 158 | procedures.-- |
| 159 | (2) Except as provided in s. 316.1001(2), any person cited |
| 160 | for an infraction under this section must sign and accept a |
| 161 | citation indicating a promise to appear. The officer may |
| 162 | indicate on the traffic citation the time and location of the |
| 163 | scheduled hearing and must indicate the applicable civil penalty |
| 164 | established in s. 318.18. |
| 165 | (5) Any person electing to appear before the designated |
| 166 | official or who is required so to appear shall be deemed to have |
| 167 | waived his or her right to the civil penalty provisions of s. |
| 168 | 318.18. The official, after a hearing, shall make a |
| 169 | determination as to whether an infraction has been committed. If |
| 170 | the commission of an infraction has been proven, the official |
| 171 | may impose a civil penalty not to exceed $500, except that in |
| 172 | cases involving unlawful speed in a school zone or involving |
| 173 | unlawful speed in a construction zone, the civil penalty may not |
| 174 | exceed $1,000; or require attendance at a driver improvement |
| 175 | school, or both. If the person is required to appear before the |
| 176 | designated official pursuant to s. 318.19(1) and is found to |
| 177 | have committed the infraction, the designated official shall |
| 178 | impose a civil penalty of $1,000 in addition to any other |
| 179 | penalties and the person's driver's license shall be suspended |
| 180 | for 6 months. If the person is required to appear before the |
| 181 | designated official pursuant to s. 318.19(2) and is found to |
| 182 | have committed the infraction, the designated official shall |
| 183 | impose a civil penalty of $500 in addition to any other |
| 184 | penalties and the person's driver's license shall be suspended |
| 185 | for 3 months. If the official determines that no infraction has |
| 186 | been committed, no costs or penalties shall be imposed and any |
| 187 | costs or penalties that have been paid shall be returned. Moneys |
| 188 | received from the mandatory civil penalties imposed pursuant to |
| 189 | this subsection upon persons required to appear before a |
| 190 | designated official pursuant to s. 318.19(1) or (2) shall be |
| 191 | remitted to the Department of Revenue and deposited into the |
| 192 | Department of Health Administrative Trust Fund to provide |
| 193 | financial support to certified trauma centers to assure the |
| 194 | availability and accessibility of trauma services throughout the |
| 195 | state. Funds deposited into the Administrative Trust Fund under |
| 196 | this section shall be allocated as follows: |
| 197 | (a) Fifty percent shall be allocated equally among all |
| 198 | Level I, Level II, and pediatric trauma centers in recognition |
| 199 | of readiness costs for maintaining trauma services. |
| 200 | (b) Fifty percent shall be allocated among Level I, Level |
| 201 | II, and pediatric trauma centers based on each center's relative |
| 202 | volume of trauma cases as reported in the Department of Health |
| 203 | Trauma Registry. |
| 204 | (9) Any person who does not hold a commercial driver's |
| 205 | license and who is cited for an infraction under this section |
| 206 | other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), |
| 207 | s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu |
| 208 | of a court appearance, elect to attend in the location of his or |
| 209 | her choice within this state a basic driver improvement course |
| 210 | approved by the Department of Highway Safety and Motor Vehicles. |
| 211 | In such a case, adjudication must be withheld; points, as |
| 212 | provided by s. 322.27, may not be assessed; and the civil |
| 213 | penalty that is imposed by s. 318.18(3) must be reduced by 18 |
| 214 | percent; however, a person may not make an election under this |
| 215 | subsection if the person has made an election under this |
| 216 | subsection in the preceding 12 months. A person may make no more |
| 217 | than five elections under this subsection. The requirement for |
| 218 | community service under s. 318.18(8) is not waived by a plea of |
| 219 | nolo contendere or by the withholding of adjudication of guilt |
| 220 | by a court. |
| 221 | Section 6. For the purpose of incorporating the amendment |
| 222 | made by this act to section 318.18, Florida Statutes, in |
| 223 | references thereto, paragraph (a) of subsection (1) and |
| 224 | subsection (2) of section 318.15, Florida Statutes, are |
| 225 | reenacted to read: |
| 226 | 318.15 Failure to comply with civil penalty or to appear; |
| 227 | penalty.-- |
| 228 | (1)(a) If a person fails to comply with the civil |
| 229 | penalties provided in s. 318.18 within the time period specified |
| 230 | in s. 318.14(4), fails to attend driver improvement school, or |
| 231 | fails to appear at a scheduled hearing, the clerk of the court |
| 232 | shall notify the Division of Driver Licenses of the Department |
| 233 | of Highway Safety and Motor Vehicles of such failure within 10 |
| 234 | days after such failure. Upon receipt of such notice, the |
| 235 | department shall immediately issue an order suspending the |
| 236 | driver's license and privilege to drive of such person effective |
| 237 | 20 days after the date the order of suspension is mailed in |
| 238 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
| 239 | of the driving privilege which has not been reinstated, |
| 240 | including a similar suspension imposed outside Florida, shall |
| 241 | remain on the records of the department for a period of 7 years |
| 242 | from the date imposed and shall be removed from the records |
| 243 | after the expiration of 7 years from the date it is imposed. |
| 244 | (2) After suspension of the driver's license and privilege |
| 245 | to drive of a person under subsection (1), the license and |
| 246 | privilege may not be reinstated until the person complies with |
| 247 | all obligations and penalties imposed on him or her under s. |
| 248 | 318.18 and presents to a driver license office a certificate of |
| 249 | compliance issued by the court, together with a nonrefundable |
| 250 | service charge of up to $47.50 imposed under s. 322.29, or |
| 251 | presents a certificate of compliance and pays the aforementioned |
| 252 | service charge of up to $47.50 to the clerk of the court or tax |
| 253 | collector clearing such suspension. Of the charge collected by |
| 254 | the clerk of the court or the tax collector, $10 shall be |
| 255 | remitted to the Department of Revenue to be deposited into the |
| 256 | Highway Safety Operating Trust Fund. Such person shall also be |
| 257 | in compliance with requirements of chapter 322 prior to |
| 258 | reinstatement. |
| 259 | Section 7. For the purpose of incorporating the amendment |
| 260 | made by this act to section 318.18, Florida Statutes, in a |
| 261 | reference thereto, subsection (7) of section 318.21, Florida |
| 262 | Statutes, is reenacted to read: |
| 263 | 318.21 Disposition of civil penalties by county |
| 264 | courts.--All civil penalties received by a county court pursuant |
| 265 | to the provisions of this chapter shall be distributed and paid |
| 266 | monthly as follows: |
| 267 | (7) For fines assessed under s. 318.18(3) for unlawful |
| 268 | speed, the following amounts must be remitted to the Department |
| 269 | of Revenue for deposit in the Nongame Wildlife Trust Fund: |
| 270 |
|
| 271 | For speed exceeding the limit by: Fine: |
| 272 | 1-5 m.p.h. $ .00 |
| 273 | 6-9 m.p.h. $ .25 |
| 274 | 10-14 m.p.h. $ 3.00 |
| 275 | 15-19 m.p.h. $ 4.00 |
| 276 | 20-29 m.p.h. $ 5.00 |
| 277 | 30 m.p.h. and above. $10.00 |
| 278 |
|
| 279 | The remaining amount must be distributed pursuant to subsections |
| 280 | (1) and (2). |
| 281 | Section 8. For the purpose of incorporating the amendment |
| 282 | made by this act to section 318.18, Florida Statutes, in a |
| 283 | reference thereto, paragraph (b) of subsection (4) of section |
| 284 | 402.40, Florida Statutes, is reenacted to read: |
| 285 | 402.40 Child welfare training.-- |
| 286 | (4) CHILD WELFARE TRAINING TRUST FUND.-- |
| 287 | (b) One dollar from every noncriminal traffic infraction |
| 288 | collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be |
| 289 | deposited into the Child Welfare Training Trust Fund. |
| 290 | Section 9. For the purpose of incorporating the amendment |
| 291 | made by this act to section 318.18, Florida Statutes, in a |
| 292 | reference thereto, paragraph (b) of subsection (4) of section |
| 293 | 985.406, Florida Statutes, is reenacted to read: |
| 294 | 985.406 Juvenile justice training academies established; |
| 295 | Juvenile Justice Standards and Training Commission created; |
| 296 | Juvenile Justice Training Trust Fund created.-- |
| 297 | (4) JUVENILE JUSTICE TRAINING TRUST FUND.-- |
| 298 | (b) One dollar from every noncriminal traffic infraction |
| 299 | collected pursuant to ss. 318.14(10)(b) and 318.18 shall be |
| 300 | deposited into the Juvenile Justice Training Trust Fund. |
| 301 | Section 10. This act shall take effect July 1, 2006. |