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;
4creating a pilot program for establishment by the
5Department of Transportation of enhanced penalty zones on
6state roads in certain counties; providing for future
7review and repeal of the pilot program; authorizing the
8department to set speed limits within enhanced penalty
9zones; directing the department to adopt a uniform system
10of traffic control devices to be used within the zones;
11prohibiting operation of a vehicle at a speed greater than
12that posted in the enhanced penalty zone; directing the
13Department of Highway Safety and Motor Vehicles to
14tabulate citations issued within enhanced penalty zones
15and make available certain information; directing the
16Department of Transportation, the Department of Highway
17Safety and Motor Vehicles, and the Department of Education
18to conduct a study and report to the Governor and the
19Legislature for certain purposes; amending s. 318.18,
20F.S.; specifying criteria for posting in a construction
21zone; providing penalties for violation of posted speed in
22an enhanced penalty zone; amending s. 318.21, F.S.;
23correcting cross-references to conform to changes made by
24the act; providing for disposition of fines collected;
25reenacting ss. 318.14(2), (5), and (9), 318.15(1)(a) and
26(2), 318.21(7), 402.40(4)(b), and 985.406(4)(b), F.S.,
27relating to noncriminal traffic infraction procedures,
28failure to comply with civil penalty or to appear,
29disposition of civil penalties by county courts, child
30welfare training, and juvenile justice training academies,
31respectively, for the purpose of incorporating the
32amendment made to s. 318.18, F.S., in references thereto;
33providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Section 316.1893, Florida Statutes, is created
38to read:
39     316.1893  Establishment of enhanced penalty zones;
40designation.--
41     (1)  It is the intent of the Legislature to prevent
42vehicular fatalities by prioritizing enforcement on segments of
43highways that have a high incidence of speeding-related crashes.
44Enforcement shall also be prioritized during the times that
45speeding-related crashes most often occur. The enforcement of
46these zones shall be in a way that maximizes public safety.
47     (2)  No later than July 1, 2007, the Department of
48Transportation shall identify enhanced penalty zones on state
49roads in Brevard, Duval, and Palm Beach Counties as a pilot
50program in an effort to reduce speeding-related crashes on state
51roads. This pilot program shall stand repealed July 1, 2010,
52unless reviewed and saved from repeal through reenactment by the
53Legislature.
54     (3)  The Department of Transportation, pursuant to the
55authority granted under s. 316.187, is authorized to set such
56maximum and minimum speed limits for travel within enhanced
57penalty zones as it deems safe and advisable.
58     (4)  The Department of Transportation shall adopt a uniform
59system of traffic control devices for use in conjunction with
60enhanced penalty zones pursuant to the authority granted under
61s. 316.0745.
62     (5)  A person may not drive a vehicle on a roadway
63designated as an enhanced penalty zone at a speed greater than
64that posted in the enhanced penalty zone in accordance with this
65section. A person who violates the speed limit within a legally
66posted enhanced penalty zone established under this section
67commits a moving violation, punishable as provided in chapter
68318.
69     (6)  The Department of Highway Safety and Motor Vehicles
70shall annually publish the date, time, and number of citations
71issued both in and outside enhanced penalty zones and shall make
72available statistical information based thereon as to the number
73and circumstances of traffic citations inside an enhanced
74penalty zone.
75     Section 2.  The Department of Transportation, the
76Department of Highway Safety and Motor Vehicles, and the
77Department of Education shall jointly conduct a study of highway
78safety and transportation issues as they relate to public
79safety, including, but not limited to, engineering, enforcement,
80and policy, to identify measurable improvements to reduce
81highway traffic fatalities by one-third of the 2005 traffic
82death statistics. The results of the study shall be presented to
83the Governor, the President of the Senate, and the Speaker of
84the House of Representatives no later than July 1, 2007, for a
85public hearing and development of legislative recommendations.
86     Section 3.  Paragraph (d) of subsection (3) of section
87318.18, Florida Statutes, is amended, paragraphs (e) and (f) of
88that subsection are redesignated as paragraphs (f) and (g),
89respectively, and a new paragraph (e) is added to that
90subsection, to read:
91     318.18  Amount of civil penalties.--The penalties required
92for a noncriminal disposition pursuant to s. 318.14 are as
93follows:
94     (3)
95     (d)  A person cited for exceeding the speed limit in a
96posted construction zone, which posting must include
97notification of the speed limit and the doubling of fines, shall
98pay a fine double the amount listed in paragraph (b). The fine
99shall be doubled for construction zone violations only if
100construction personnel are present or operating equipment on the
101road or immediately adjacent to the road under construction.
102     (e)  A person cited for exceeding the speed limit in an
103enhanced penalty zone shall pay a fine amount of $50 plus the
104amount listed in paragraph (b). Notwithstanding paragraph (b), a
105person cited for exceeding the speed limit by up to 5 m.p.h. in
106a legally posted enhanced penalty zone shall pay a fine amount
107of $50.
108     Section 4.  Subsections (4) and (5) of section 318.21,
109Florida Statutes, are amended, and subsection (15) is added to
110that section, to read:
111     318.21  Disposition of civil penalties by county
112courts.--All civil penalties received by a county court pursuant
113to the provisions of this chapter shall be distributed and paid
114monthly as follows:
115     (4)  Of the additional fine assessed under s.
116318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must
117be remitted to the Department of Revenue for deposit in the
118Grants and Donations Trust Fund of the Division of Blind
119Services of the Department of Education, and 60 percent must be
120distributed pursuant to subsections (1) and (2).
121     (5)  Of the additional fine assessed under s.
122318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must
123be remitted to the Department of Revenue for deposit in the
124endowment fund for the Florida Endowment Foundation for
125Vocational Rehabilitation, and 40 percent must be distributed
126pursuant to subsections (1) and (2) of this section.
127     (15)  Of the additional fine assessed under s. 318.18(3)(e)
128for a violation of s. 316.1893, 50 percent of the moneys
129received from the fines shall be appropriated to the Agency for
130Health Care Administration as general revenue to provide an
131enhanced Medicaid payment to nursing homes that serve Medicaid
132recipients with brain and spinal cord injuries. The remaining 50
133percent of the moneys received from the enhanced fine imposed
134under s. 318.18(3)(e) shall be remitted to the Department of
135Revenue and deposited into the Department of Health
136Administrative Trust Fund to provide financial support to
137certified trauma centers in the counties where enhanced penalty
138zones are established to ensure the availability and
139accessibility of trauma services. Funds deposited into the
140Administrative Trust Fund under this subsection shall be
141allocated as follows:
142     (a)  Fifty percent shall be allocated equally among all
143Level I, Level II, and pediatric trauma centers in recognition
144of readiness costs for maintaining trauma services.
145     (b)  Fifty percent shall be allocated among Level I, Level
146II, and pediatric trauma centers based on each center's relative
147volume of trauma cases as reported in the Department of Health
148Trauma Registry.
149     Section 5.  For the purpose of incorporating the amendment
150made by this act to section 318.18, Florida Statutes, in
151references thereto, subsections (2), (5), and (9) of section
152318.14, Florida Statutes, are reenacted to read:
153     318.14  Noncriminal traffic infractions; exception;
154procedures.--
155     (2)  Except as provided in s. 316.1001(2), any person cited
156for an infraction under this section must sign and accept a
157citation indicating a promise to appear. The officer may
158indicate on the traffic citation the time and location of the
159scheduled hearing and must indicate the applicable civil penalty
160established in s. 318.18.
161     (5)  Any person electing to appear before the designated
162official or who is required so to appear shall be deemed to have
163waived his or her right to the civil penalty provisions of s.
164318.18. The official, after a hearing, shall make a
165determination as to whether an infraction has been committed. If
166the commission of an infraction has been proven, the official
167may impose a civil penalty not to exceed $500, except that in
168cases involving unlawful speed in a school zone or involving
169unlawful speed in a construction zone, the civil penalty may not
170exceed $1,000; or require attendance at a driver improvement
171school, or both. If the person is required to appear before the
172designated official pursuant to s. 318.19(1) and is found to
173have committed the infraction, the designated official shall
174impose a civil penalty of $1,000 in addition to any other
175penalties and the person's driver's license shall be suspended
176for 6 months. If the person is required to appear before the
177designated official pursuant to s. 318.19(2) and is found to
178have committed the infraction, the designated official shall
179impose a civil penalty of $500 in addition to any other
180penalties and the person's driver's license shall be suspended
181for 3 months. If the official determines that no infraction has
182been committed, no costs or penalties shall be imposed and any
183costs or penalties that have been paid shall be returned. Moneys
184received from the mandatory civil penalties imposed pursuant to
185this subsection upon persons required to appear before a
186designated official pursuant to s. 318.19(1) or (2) shall be
187remitted to the Department of Revenue and deposited into the
188Department of Health Administrative Trust Fund to provide
189financial support to certified trauma centers to assure the
190availability and accessibility of trauma services throughout the
191state. Funds deposited into the Administrative Trust Fund under
192this section shall be allocated as follows:
193     (a)  Fifty percent shall be allocated equally among all
194Level I, Level II, and pediatric trauma centers in recognition
195of readiness costs for maintaining trauma services.
196     (b)  Fifty percent shall be allocated among Level I, Level
197II, and pediatric trauma centers based on each center's relative
198volume of trauma cases as reported in the Department of Health
199Trauma Registry.
200     (9)  Any person who does not hold a commercial driver's
201license and who is cited for an infraction under this section
202other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
203s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
204of a court appearance, elect to attend in the location of his or
205her choice within this state a basic driver improvement course
206approved by the Department of Highway Safety and Motor Vehicles.
207In such a case, adjudication must be withheld; points, as
208provided by s. 322.27, may not be assessed; and the civil
209penalty that is imposed by s. 318.18(3) must be reduced by 18
210percent; however, a person may not make an election under this
211subsection if the person has made an election under this
212subsection in the preceding 12 months. A person may make no more
213than five elections under this subsection. The requirement for
214community service under s. 318.18(8) is not waived by a plea of
215nolo contendere or by the withholding of adjudication of guilt
216by a court.
217     Section 6.  For the purpose of incorporating the amendment
218made by this act to section 318.18, Florida Statutes, in
219references thereto, paragraph (a) of subsection (1) and
220subsection (2) of section 318.15, Florida Statutes, are
221reenacted to read:
222     318.15  Failure to comply with civil penalty or to appear;
223penalty.--
224     (1)(a)  If a person fails to comply with the civil
225penalties provided in s. 318.18 within the time period specified
226in s. 318.14(4), fails to attend driver improvement school, or
227fails to appear at a scheduled hearing, the clerk of the court
228shall notify the Division of Driver Licenses of the Department
229of Highway Safety and Motor Vehicles of such failure within 10
230days after such failure. Upon receipt of such notice, the
231department shall immediately issue an order suspending the
232driver's license and privilege to drive of such person effective
23320 days after the date the order of suspension is mailed in
234accordance with s. 322.251(1), (2), and (6). Any such suspension
235of the driving privilege which has not been reinstated,
236including a similar suspension imposed outside Florida, shall
237remain on the records of the department for a period of 7 years
238from the date imposed and shall be removed from the records
239after the expiration of 7 years from the date it is imposed.
240     (2)  After suspension of the driver's license and privilege
241to drive of a person under subsection (1), the license and
242privilege may not be reinstated until the person complies with
243all obligations and penalties imposed on him or her under s.
244318.18 and presents to a driver license office a certificate of
245compliance issued by the court, together with a nonrefundable
246service charge of up to $47.50 imposed under s. 322.29, or
247presents a certificate of compliance and pays the aforementioned
248service charge of up to $47.50 to the clerk of the court or tax
249collector clearing such suspension. Of the charge collected by
250the clerk of the court or the tax collector, $10 shall be
251remitted to the Department of Revenue to be deposited into the
252Highway Safety Operating Trust Fund. Such person shall also be
253in compliance with requirements of chapter 322 prior to
254reinstatement.
255     Section 7.  For the purpose of incorporating the amendment
256made by this act to section 318.18, Florida Statutes, in a
257reference thereto, subsection (7) of section 318.21, Florida
258Statutes, is reenacted to read:
259     318.21  Disposition of civil penalties by county
260courts.--All civil penalties received by a county court pursuant
261to the provisions of this chapter shall be distributed and paid
262monthly as follows:
263     (7)  For fines assessed under s. 318.18(3) for unlawful
264speed, the following amounts must be remitted to the Department
265of Revenue for deposit in the Nongame Wildlife Trust Fund:
266
267For speed exceeding the limit by:     Fine:
268     1-5 m.p.h.     $ .00
269     6-9 m.p.h.     $ .25
270     10-14 m.p.h.     $ 3.00
271     15-19 m.p.h.     $ 4.00
272     20-29 m.p.h.     $ 5.00
273     30 m.p.h. and above.     $10.00
274
275The remaining amount must be distributed pursuant to subsections
276(1) and (2).
277     Section 8.  For the purpose of incorporating the amendment
278made by this act to section 318.18, Florida Statutes, in a
279reference thereto, paragraph (b) of subsection (4) of section
280402.40, Florida Statutes, is reenacted to read:
281     402.40  Child welfare training.--
282     (4)  CHILD WELFARE TRAINING TRUST FUND.--
283     (b)  One dollar from every noncriminal traffic infraction
284collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
285deposited into the Child Welfare Training Trust Fund.
286     Section 9.  For the purpose of incorporating the amendment
287made by this act to section 318.18, Florida Statutes, in a
288reference thereto, paragraph (b) of subsection (4) of section
289985.406, Florida Statutes, is reenacted to read:
290     985.406  Juvenile justice training academies established;
291Juvenile Justice Standards and Training Commission created;
292Juvenile Justice Training Trust Fund created.--
293     (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
294     (b)  One dollar from every noncriminal traffic infraction
295collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
296deposited into the Juvenile Justice Training Trust Fund.
297     Section 10.  This act shall take effect July 1, 2006.


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