HB 1465CS

CHAMBER ACTION




1The State Infrastructure Council 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;
8creating a pilot program for establishment by the
9Department of Transportation of enhanced penalty zones on
10state roads in certain counties; providing for future
11review and repeal of the pilot program; authorizing the
12department to set speed limits within enhanced penalty
13zones; directing the department to adopt a uniform system
14of traffic control devices to be used within the zones;
15prohibiting operation of a vehicle at a speed greater than
16that posted in the enhanced penalty zone; directing the
17Department of Highway Safety and Motor Vehicles to
18tabulate citations issued within enhanced penalty zones
19and make available certain information; directing the
20Department of Transportation, the Department of Highway
21Safety and Motor Vehicles, and the Department of Education
22to conduct a study and report to the Governor and the
23Legislature for certain purposes; amending s. 318.18,
24F.S.; specifying criteria for posting in a construction
25zone; providing penalties for violation of posted speed in
26an enhanced penalty zone; amending s. 318.21, F.S.;
27correcting cross-references to conform to changes made by
28the act; providing for disposition of fines collected;
29reenacting ss. 318.14(2), (5), and (9), 318.15(1)(a) and
30(2), 318.21(7), 402.40(4)(b), and 985.406(4)(b), F.S.,
31relating to noncriminal traffic infraction procedures,
32failure to comply with civil penalty or to appear,
33disposition of civil penalties by county courts, child
34welfare training, and juvenile justice training academies,
35respectively, for the purpose of incorporating the
36amendment made to s. 318.18, F.S., in references thereto;
37providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 316.1893, Florida Statutes, is created
42to read:
43     316.1893  Establishment of enhanced penalty zones;
44designation.--
45     (1)  It is the intent of the Legislature to prevent
46vehicular fatalities by prioritizing enforcement on segments of
47highways that have a high incidence of speeding-related crashes.
48Enforcement shall also be prioritized during the times that
49speeding-related crashes most often occur. The enforcement of
50these zones shall be in a way that maximizes public safety.
51     (2)  No later than July 1, 2007, the Department of
52Transportation shall identify enhanced penalty zones on state
53roads in Brevard, Duval, and Palm Beach Counties as a pilot
54program in an effort to reduce speeding-related crashes on state
55roads. This pilot program shall stand repealed July 1, 2010,
56unless reviewed and saved from repeal through reenactment by the
57Legislature.
58     (3)  The Department of Transportation, pursuant to the
59authority granted under s. 316.187, is authorized to set such
60maximum and minimum speed limits for travel within enhanced
61penalty zones as it deems safe and advisable.
62     (4)  The Department of Transportation shall adopt a uniform
63system of traffic control devices for use in conjunction with
64enhanced penalty zones pursuant to the authority granted under
65s. 316.0745.
66     (5)  A person may not drive a vehicle on a roadway
67designated as an enhanced penalty zone at a speed greater than
68that posted in the enhanced penalty zone in accordance with this
69section. A person who violates the speed limit within a legally
70posted enhanced penalty zone established under this section
71commits a moving violation, punishable as provided in chapter
72318.
73     (6)  The Department of Highway Safety and Motor Vehicles
74shall annually publish the date, time, and number of citations
75issued both in and outside enhanced penalty zones and shall make
76available statistical information based thereon as to the number
77and circumstances of traffic citations inside an enhanced
78penalty zone.
79     Section 2.  The Department of Transportation, the
80Department of Highway Safety and Motor Vehicles, and the
81Department of Education shall jointly conduct a study of highway
82safety and transportation issues as they relate to public
83safety, including, but not limited to, engineering, enforcement,
84and policy, to identify measurable improvements to reduce
85highway traffic fatalities by one-third of the 2005 traffic
86death statistics. The results of the study shall be presented to
87the Governor, the President of the Senate, and the Speaker of
88the House of Representatives no later than July 1, 2007, for a
89public hearing and development of legislative recommendations.
90     Section 3.  Paragraph (d) of subsection (3) of section
91318.18, Florida Statutes, is amended, paragraphs (e) and (f) of
92that subsection are redesignated as paragraphs (f) and (g),
93respectively, and a new paragraph (e) is added to that
94subsection, to read:
95     318.18  Amount of civil penalties.--The penalties required
96for a noncriminal disposition pursuant to s. 318.14 are as
97follows:
98     (3)
99     (d)  A person cited for exceeding the speed limit in a
100posted construction zone, which posting must include
101notification of the speed limit and the doubling of fines, shall
102pay a fine double the amount listed in paragraph (b). The fine
103shall be doubled for construction zone violations only if
104construction personnel are present or operating equipment on the
105road or immediately adjacent to the road under construction.
106     (e)  A person cited for exceeding the speed limit in an
107enhanced penalty zone shall pay a fine amount of $50 plus the
108amount listed in paragraph (b). Notwithstanding paragraph (b), a
109person cited for exceeding the speed limit by up to 5 m.p.h. in
110a legally posted enhanced penalty zone shall pay a fine amount
111of $50.
112     Section 4.  Subsections (4) and (5) of section 318.21,
113Florida Statutes, are amended, and subsection (15) is added to
114that section, to read:
115     318.21  Disposition of civil penalties by county
116courts.--All civil penalties received by a county court pursuant
117to the provisions of this chapter shall be distributed and paid
118monthly as follows:
119     (4)  Of the additional fine assessed under s.
120318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must
121be remitted to the Department of Revenue for deposit in the
122Grants and Donations Trust Fund of the Division of Blind
123Services of the Department of Education, and 60 percent must be
124distributed pursuant to subsections (1) and (2).
125     (5)  Of the additional fine assessed under s.
126318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must
127be remitted to the Department of Revenue for deposit in the
128endowment fund for the Florida Endowment Foundation for
129Vocational Rehabilitation, and 40 percent must be distributed
130pursuant to subsections (1) and (2) of this section.
131     (15)  Of the additional fine assessed under s. 318.18(3)(e)
132for a violation of s. 316.1893, 50 percent of the moneys
133received from the fines shall be appropriated to the Agency for
134Health Care Administration as general revenue to provide an
135enhanced Medicaid payment to nursing homes that serve Medicaid
136recipients with brain and spinal cord injuries. The remaining 50
137percent of the moneys received from the enhanced fine imposed
138under s. 318.18(3)(e) shall be remitted to the Department of
139Revenue and deposited into the Department of Health
140Administrative Trust Fund to provide financial support to
141certified trauma centers in the counties where enhanced penalty
142zones are established to ensure the availability and
143accessibility of trauma services. Funds deposited into the
144Administrative Trust Fund under this subsection shall be
145allocated as follows:
146     (a)  Fifty percent shall be allocated equally among all
147Level I, Level II, and pediatric trauma centers in recognition
148of readiness costs for maintaining trauma services.
149     (b)  Fifty percent shall be allocated among Level I, Level
150II, and pediatric trauma centers based on each center's relative
151volume of trauma cases as reported in the Department of Health
152Trauma Registry.
153     Section 5.  For the purpose of incorporating the amendment
154made by this act to section 318.18, Florida Statutes, in
155references thereto, subsections (2), (5), and (9) of section
156318.14, Florida Statutes, are reenacted to read:
157     318.14  Noncriminal traffic infractions; exception;
158procedures.--
159     (2)  Except as provided in s. 316.1001(2), any person cited
160for an infraction under this section must sign and accept a
161citation indicating a promise to appear. The officer may
162indicate on the traffic citation the time and location of the
163scheduled hearing and must indicate the applicable civil penalty
164established in s. 318.18.
165     (5)  Any person electing to appear before the designated
166official or who is required so to appear shall be deemed to have
167waived his or her right to the civil penalty provisions of s.
168318.18. The official, after a hearing, shall make a
169determination as to whether an infraction has been committed. If
170the commission of an infraction has been proven, the official
171may impose a civil penalty not to exceed $500, except that in
172cases involving unlawful speed in a school zone or involving
173unlawful speed in a construction zone, the civil penalty may not
174exceed $1,000; or require attendance at a driver improvement
175school, or both. If the person is required to appear before the
176designated official pursuant to s. 318.19(1) and is found to
177have committed the infraction, the designated official shall
178impose a civil penalty of $1,000 in addition to any other
179penalties and the person's driver's license shall be suspended
180for 6 months. If the person is required to appear before the
181designated official pursuant to s. 318.19(2) and is found to
182have committed the infraction, the designated official shall
183impose a civil penalty of $500 in addition to any other
184penalties and the person's driver's license shall be suspended
185for 3 months. If the official determines that no infraction has
186been committed, no costs or penalties shall be imposed and any
187costs or penalties that have been paid shall be returned. Moneys
188received from the mandatory civil penalties imposed pursuant to
189this subsection upon persons required to appear before a
190designated official pursuant to s. 318.19(1) or (2) shall be
191remitted to the Department of Revenue and deposited into the
192Department of Health Administrative Trust Fund to provide
193financial support to certified trauma centers to assure the
194availability and accessibility of trauma services throughout the
195state. Funds deposited into the Administrative Trust Fund under
196this section shall be allocated as follows:
197     (a)  Fifty percent shall be allocated equally among all
198Level I, Level II, and pediatric trauma centers in recognition
199of readiness costs for maintaining trauma services.
200     (b)  Fifty percent shall be allocated among Level I, Level
201II, and pediatric trauma centers based on each center's relative
202volume of trauma cases as reported in the Department of Health
203Trauma Registry.
204     (9)  Any person who does not hold a commercial driver's
205license and who is cited for an infraction under this section
206other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
207s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
208of a court appearance, elect to attend in the location of his or
209her choice within this state a basic driver improvement course
210approved by the Department of Highway Safety and Motor Vehicles.
211In such a case, adjudication must be withheld; points, as
212provided by s. 322.27, may not be assessed; and the civil
213penalty that is imposed by s. 318.18(3) must be reduced by 18
214percent; however, a person may not make an election under this
215subsection if the person has made an election under this
216subsection in the preceding 12 months. A person may make no more
217than five elections under this subsection. The requirement for
218community service under s. 318.18(8) is not waived by a plea of
219nolo contendere or by the withholding of adjudication of guilt
220by a court.
221     Section 6.  For the purpose of incorporating the amendment
222made by this act to section 318.18, Florida Statutes, in
223references thereto, paragraph (a) of subsection (1) and
224subsection (2) of section 318.15, Florida Statutes, are
225reenacted to read:
226     318.15  Failure to comply with civil penalty or to appear;
227penalty.--
228     (1)(a)  If a person fails to comply with the civil
229penalties provided in s. 318.18 within the time period specified
230in s. 318.14(4), fails to attend driver improvement school, or
231fails to appear at a scheduled hearing, the clerk of the court
232shall notify the Division of Driver Licenses of the Department
233of Highway Safety and Motor Vehicles of such failure within 10
234days after such failure. Upon receipt of such notice, the
235department shall immediately issue an order suspending the
236driver's license and privilege to drive of such person effective
23720 days after the date the order of suspension is mailed in
238accordance with s. 322.251(1), (2), and (6). Any such suspension
239of the driving privilege which has not been reinstated,
240including a similar suspension imposed outside Florida, shall
241remain on the records of the department for a period of 7 years
242from the date imposed and shall be removed from the records
243after the expiration of 7 years from the date it is imposed.
244     (2)  After suspension of the driver's license and privilege
245to drive of a person under subsection (1), the license and
246privilege may not be reinstated until the person complies with
247all obligations and penalties imposed on him or her under s.
248318.18 and presents to a driver license office a certificate of
249compliance issued by the court, together with a nonrefundable
250service charge of up to $47.50 imposed under s. 322.29, or
251presents a certificate of compliance and pays the aforementioned
252service charge of up to $47.50 to the clerk of the court or tax
253collector clearing such suspension. Of the charge collected by
254the clerk of the court or the tax collector, $10 shall be
255remitted to the Department of Revenue to be deposited into the
256Highway Safety Operating Trust Fund. Such person shall also be
257in compliance with requirements of chapter 322 prior to
258reinstatement.
259     Section 7.  For the purpose of incorporating the amendment
260made by this act to section 318.18, Florida Statutes, in a
261reference thereto, subsection (7) of section 318.21, Florida
262Statutes, is reenacted to read:
263     318.21  Disposition of civil penalties by county
264courts.--All civil penalties received by a county court pursuant
265to the provisions of this chapter shall be distributed and paid
266monthly as follows:
267     (7)  For fines assessed under s. 318.18(3) for unlawful
268speed, the following amounts must be remitted to the Department
269of Revenue for deposit in the Nongame Wildlife Trust Fund:
270
271For 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
279The remaining amount must be distributed pursuant to subsections
280(1) and (2).
281     Section 8.  For the purpose of incorporating the amendment
282made by this act to section 318.18, Florida Statutes, in a
283reference thereto, paragraph (b) of subsection (4) of section
284402.40, 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
288collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
289deposited into the Child Welfare Training Trust Fund.
290     Section 9.  For the purpose of incorporating the amendment
291made by this act to section 318.18, Florida Statutes, in a
292reference thereto, paragraph (b) of subsection (4) of section
293985.406, Florida Statutes, is reenacted to read:
294     985.406  Juvenile justice training academies established;
295Juvenile Justice Standards and Training Commission created;
296Juvenile Justice Training Trust Fund created.--
297     (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
298     (b)  One dollar from every noncriminal traffic infraction
299collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
300deposited into the Juvenile Justice Training Trust Fund.
301     Section 10.  This act shall take effect July 1, 2006.


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