Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 193332
CHAMBER ACTION
Senate House
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04/25/2006 10:23 AM .
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11 The Committee on Government Efficiency Appropriations (Posey)
12 recommended the following amendment to amendment (155312):
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14 Senate Amendment (with title amendment)
15 On page 17, between lines 5 and 6,
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17 insert:
18 Section 15. Subsection (9) of section 318.14, Florida
19 Statutes, is amended to read:
20 318.14 Noncriminal traffic infractions; exception;
21 procedures.--
22 (9) Any person who does not hold a commercial driver's
23 license and who is cited for an infraction under this section
24 other than a violation of s. 316.183(2), s. 316.187, or s.
25 316.189 when the driver exceeds the posted limit by 30 miles
26 per hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s.
27 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of
28 a court appearance, elect to attend in the location of his or
29 her choice within this state a basic driver improvement course
30 approved by the Department of Highway Safety and Motor
31 Vehicles. In such a case, adjudication must be withheld;
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 193332
1 points, as provided by s. 322.27, may not be assessed; and the
2 civil penalty that is imposed by s. 318.18(3) must be reduced
3 by 18 percent; however, a person may not make an election
4 under this subsection if the person has made an election under
5 this subsection in the preceding 12 months. A person may make
6 no more than five elections under this subsection. The
7 requirement for community service under s. 318.18(8) is not
8 waived by a plea of nolo contendere or by the withholding of
9 adjudication of guilt by a court.
10 Section 16. Subsection (3) of section 318.18, Florida
11 Statutes, is amended to read:
12 318.18 Amount of civil penalties.--The penalties
13 required for a noncriminal disposition pursuant to s. 318.14
14 are as follows:
15 (3)(a) Except as otherwise provided in this section,
16 $60 for all moving violations not requiring a mandatory
17 appearance.
18 (b) For moving violations involving unlawful speed,
19 the fines are as follows:
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21 For speed exceeding the limit by: Fine:
22 1-5 m.p.h..............................................Warning
23 6-9 m.p.h.................................................$ 25
24 10-14 m.p.h...............................................$100
25 15-19 m.p.h...............................................$125
26 20-29 m.p.h...............................................$150
27 30 m.p.h. and above.......................................$250
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29 (c) Notwithstanding paragraph (b), a person cited for
30 exceeding the speed limit by up to 5 m.p.h. in a legally
31 posted school zone will be fined $50. A person exceeding the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 193332
1 speed limit in a school zone shall pay a fine double the
2 amount listed in paragraph (b).
3 (d) A person cited for exceeding the speed limit in a
4 posted construction zone shall pay a fine double the amount
5 listed in paragraph (b). The fine shall be doubled for
6 construction zone violations only if construction personnel
7 are present or operating equipment on the road or immediately
8 adjacent to the road under construction.
9 (e) If a violation of s. 316.1301 or s. 316.1303
10 results in an injury to the pedestrian or damage to the
11 property of the pedestrian, an additional fine of up to $250
12 shall be paid. This amount must be distributed pursuant to s.
13 318.21.
14 (f) A person cited for exceeding the speed limit
15 within a zone posted for any electronic or manual toll
16 collection facility shall pay a fine double the amount listed
17 in paragraph (b). However, no person cited for exceeding the
18 speed limit in any toll collection zone shall be subject to a
19 doubled fine unless the governmental entity or authority
20 controlling the toll collection zone first installs a traffic
21 control device providing warning that speeding fines are
22 doubled. Any such traffic control device must meet the
23 requirements of the uniform system of traffic control devices.
24 (g) A person cited for a second or subsequent
25 conviction of speed exceeding the limit by 30 miles per hour
26 and above within a 12-month period shall pay a fine that is
27 double the amount listed in paragraph (b). For purposes of
28 this paragraph, the term "conviction" means a finding of
29 guilt, with or without adjudication of guilt, as a result of a
30 jury verdict, nonjury trial, or entry of a plea of guilty or
31 nolo contendere, notwithstanding s. 318.14(11). Moneys
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 193332
1 received from the increased fine imposed by this paragraph
2 shall be remitted to the Department of Revenue and deposited
3 into the Department of Health Administrative Trust Fund to
4 provide financial support to certified trauma centers to
5 assure the availability and accessibility of trauma services
6 throughout the state. Funds deposited into the Administrative
7 Trust Fund under this section shall be allocated as follows:
8 1. Fifty percent shall be allocated equally among all
9 Level I, Level II, and pediatric trauma centers in recognition
10 of readiness costs for maintaining trauma services.
11 2. Fifty percent shall be allocated among Level I,
12 Level II, and pediatric trauma centers based on each center's
13 relative volume of trauma cases as reported in the Department
14 of Health Trauma Registry.
15 Section 17. Section 318.19, Florida Statutes, is
16 amended to read:
17 318.19 Infractions requiring a mandatory hearing.--Any
18 person cited for the infractions listed in this section shall
19 not have the provisions of s. 318.14(2), (4), and (9)
20 available to him or her but must appear before the designated
21 official at the time and location of the scheduled hearing:
22 (1) Any infraction which results in a crash that
23 causes the death of another;
24 (2) Any infraction which results in a crash that
25 causes "serious bodily injury" of another as defined in s.
26 316.1933(1);
27 (3) Any infraction of s. 316.172(1)(b); or
28 (4) Any infraction of s. 316.520(1) or (2); or.
29 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
30 316.189 of exceeding the speed limit by 30 m.p.h. or more.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 193332
1 (Redesignate subsequent sections.)
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 81, line 13, after the semicolon
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8 insert:
9 amending s. 318.14, F.S.; providing exceptions
10 to procedures for certain speed-limit
11 violations; removing the option for certain
12 offenders to attend driver improvement school;
13 amending s. 318.18, F.S.; providing increased
14 penalties for certain speed-limit violations;
15 providing for disposition of increased
16 penalties; amending s. 318.19, F.S.; requiring
17 mandatory hearings for certain speed-limit
18 violations;
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