Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2020
                        Barcode 864152
                            CHAMBER ACTION
              Senate                               House
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       03/15/2006 08:00 AM         .                    
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11  The Committee on Transportation (Clary) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 316.1893, Florida Statutes, is
19  created to read:
20         316.1893  Establishment of enhanced penalty zones;
21  designation.--
22         (1)  It is the intent of the Legislature to prevent
23  vehicular fatalities by prioritizing enforcement on segments
24  of highways that have a high incidence of fatalities.
25  Enforcement shall also be prioritized during the times that
26  fatalities most often occur. The enforcement of these zones
27  shall be in a way that maximizes public safety.
28         (2)  No later than July 1, 2008, the Department of
29  Transportation shall identify enhanced penalty zones on state
30  roads where there is a high incidence of fatalities.
31         (3)  The Department of Transportation, pursuant to the
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 authority granted under s. 316.187, is authorized to set such 2 maximum and minimum speed limits for travel within enhanced 3 penalty zones as it deems safe and advisable. 4 (4) The Department of Transportation shall adopt a 5 uniform system of traffic control devices for use in 6 conjunction with enhanced penalty zones pursuant to the 7 authority granted under s. 316.0745. 8 (5) A person may not drive a vehicle on a roadway 9 designated as an enhanced penalty zone at a speed greater than 10 that posted in the enhanced penalty zone in accordance with 11 this section. A person who violates the speed limit within a 12 legally posted enhanced penalty zone established under this 13 section commits a moving violation, punishable as provided in 14 chapter 318. 15 (6) The Department of Highway Safety and Motor 16 Vehicles shall annually publish the date, time, and number of 17 citations issued both in and outside enhanced penalty zones 18 and shall make available statistical information based thereon 19 as to the number and circumstances of traffic citations inside 20 an enhanced penalty zone. 21 Section 2. The Department of Transportation, the 22 Department of Highway Safety and Motor Vehicles, and the 23 Department of Education shall jointly conduct a study of 24 highway safety and transportation issues as they relate to 25 public safety, including, but not limited to, engineering, 26 enforcement, and policy, to identify measurable improvements 27 to reduce highway traffic fatalities by one-third of the 2005 28 traffic death statistics. The results of the study shall be 29 presented to the Governor, the President of the Senate, and 30 the Speaker of the House of Representatives no later than July 31 1, 2007, for a public hearing and development of legislative 2 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 recommendations. 2 Section 3. Paragraph (d) of subsection (3) of section 3 318.18, Florida Statutes, is amended, paragraphs (e) and (f) 4 of that subsection are redesignated as paragraphs (f) and (g), 5 respectively, and a new paragraph (e) is added to that 6 subsection, to read: 7 318.18 Amount of civil penalties.--The penalties 8 required for a noncriminal disposition pursuant to s. 318.14 9 are as follows: 10 (3) 11 (d) A person cited for exceeding the speed limit in a 12 posted construction zone shall pay a fine double the amount 13 listed in paragraph (b). The fine shall be doubled for 14 construction zone violations only if construction personnel 15 are present or operating equipment on the road or immediately 16 adjacent to the road under construction. 17 (e) A person cited for exceeding the speed limit in an 18 enhanced penalty zone shall pay a fine amount of $50 plus the 19 amount listed in paragraph (b). Notwithstanding paragraph (b), 20 a person cited for exceeding the speed limit by up to 5 m.p.h. 21 in a legally posted enhanced penalty zone shall pay a fine 22 amount of $50. 23 Section 4. Subsections (4) and (5) of section 318.21, 24 Florida Statutes, are amended to read: 25 318.21 Disposition of civil penalties by county 26 courts.--All civil penalties received by a county court 27 pursuant to the provisions of this chapter shall be 28 distributed and paid monthly as follows: 29 (4) Of the additional fine assessed under s. 30 318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent 31 must be remitted to the Department of Revenue for deposit in 3 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 the Grants and Donations Trust Fund of the Division of Blind 2 Services of the Department of Education, and 60 percent must 3 be distributed pursuant to subsections (1) and (2). 4 (5) Of the additional fine assessed under s. 5 318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent 6 must be remitted to the Department of Revenue for deposit in 7 the endowment fund for the Florida Endowment Foundation for 8 Vocational Rehabilitation, and 40 percent must be distributed 9 pursuant to subsections (1) and (2) of this section. 10 Section 5. For the purpose of incorporating the 11 amendment made by this act to section 318.18, Florida 12 Statutes, in references thereto, subsections (2), (5), and (9) 13 of section 318.14, Florida Statutes, are reenacted to read: 14 318.14 Noncriminal traffic infractions; exception; 15 procedures.-- 16 (2) Except as provided in s. 316.1001(2), any person 17 cited for an infraction under this section must sign and 18 accept a citation indicating a promise to appear. The officer 19 may indicate on the traffic citation the time and location of 20 the scheduled hearing and must indicate the applicable civil 21 penalty established in s. 318.18. 22 (5) Any person electing to appear before the 23 designated official or who is required so to appear shall be 24 deemed to have waived his or her right to the civil penalty 25 provisions of s. 318.18. The official, after a hearing, shall 26 make a determination as to whether an infraction has been 27 committed. If the commission of an infraction has been proven, 28 the official may impose a civil penalty not to exceed $500, 29 except that in cases involving unlawful speed in a school zone 30 or involving unlawful speed in a construction zone, the civil 31 penalty may not exceed $1,000; or require attendance at a 4 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 driver improvement school, or both. If the person is required 2 to appear before the designated official pursuant to s. 3 318.19(1) and is found to have committed the infraction, the 4 designated official shall impose a civil penalty of $1,000 in 5 addition to any other penalties and the person's driver's 6 license shall be suspended for 6 months. If the person is 7 required to appear before the designated official pursuant to 8 s. 318.19(2) and is found to have committed the infraction, 9 the designated official shall impose a civil penalty of $500 10 in addition to any other penalties and the person's driver's 11 license shall be suspended for 3 months. If the official 12 determines that no infraction has been committed, no costs or 13 penalties shall be imposed and any costs or penalties that 14 have been paid shall be returned. Moneys received from the 15 mandatory civil penalties imposed pursuant to this subsection 16 upon persons required to appear before a designated official 17 pursuant to s. 318.19(1) or (2) shall be remitted to the 18 Department of Revenue and deposited into the Department of 19 Health Administrative Trust Fund to provide financial support 20 to certified trauma centers to assure the availability and 21 accessibility of trauma services throughout the state. Funds 22 deposited into the Administrative Trust Fund under this 23 section shall be allocated as follows: 24 (a) Fifty percent shall be allocated equally among all 25 Level I, Level II, and pediatric trauma centers in recognition 26 of readiness costs for maintaining trauma services. 27 (b) Fifty percent shall be allocated among Level I, 28 Level II, and pediatric trauma centers based on each center's 29 relative volume of trauma cases as reported in the Department 30 of Health Trauma Registry. 31 (9) Any person who does not hold a commercial driver's 5 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 license and who is cited for an infraction under this section 2 other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), 3 s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu 4 of a court appearance, elect to attend in the location of his 5 or her choice within this state a basic driver improvement 6 course approved by the Department of Highway Safety and Motor 7 Vehicles. In such a case, adjudication must be withheld; 8 points, as provided by s. 322.27, may not be assessed; and the 9 civil penalty that is imposed by s. 318.18(3) must be reduced 10 by 18 percent; however, a person may not make an election 11 under this subsection if the person has made an election under 12 this subsection in the preceding 12 months. A person may make 13 no more than five elections under this subsection. The 14 requirement for community service under s. 318.18(8) is not 15 waived by a plea of nolo contendere or by the withholding of 16 adjudication of guilt by a court. 17 Section 6. For the purpose of incorporating the 18 amendment made by this act to section 318.18, Florida 19 Statutes, in references thereto, paragraph (a) of subsection 20 (1) and subsection (2) of section 318.15, Florida Statutes, 21 are reenacted to read: 22 318.15 Failure to comply with civil penalty or to 23 appear; penalty.-- 24 (1)(a) If a person fails to comply with the civil 25 penalties provided in s. 318.18 within the time period 26 specified in s. 318.14(4), fails to attend driver improvement 27 school, or fails to appear at a scheduled hearing, the clerk 28 of the court shall notify the Division of Driver Licenses of 29 the Department of Highway Safety and Motor Vehicles of such 30 failure within 10 days after such failure. Upon receipt of 31 such notice, the department shall immediately issue an order 6 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 suspending the driver's license and privilege to drive of such 2 person effective 20 days after the date the order of 3 suspension is mailed in accordance with s. 322.251(1), (2), 4 and (6). Any such suspension of the driving privilege which 5 has not been reinstated, including a similar suspension 6 imposed outside Florida, shall remain on the records of the 7 department for a period of 7 years from the date imposed and 8 shall be removed from the records after the expiration of 7 9 years from the date it is imposed. 10 (2) After suspension of the driver's license and 11 privilege to drive of a person under subsection (1), the 12 license and privilege may not be reinstated until the person 13 complies with all obligations and penalties imposed on him or 14 her under s. 318.18 and presents to a driver license office a 15 certificate of compliance issued by the court, together with a 16 nonrefundable service charge of up to $47.50 imposed under s. 17 322.29, or presents a certificate of compliance and pays the 18 aforementioned service charge of up to $47.50 to the clerk of 19 the court or tax collector clearing such suspension. Of the 20 charge collected by the clerk of the court or the tax 21 collector, $10 shall be remitted to the Department of Revenue 22 to be deposited into the Highway Safety Operating Trust Fund. 23 Such person shall also be in compliance with requirements of 24 chapter 322 prior to reinstatement. 25 Section 7. For the purpose of incorporating the 26 amendment made by this act to section 318.18, Florida 27 Statutes, in a reference thereto, subsection (7) of section 28 318.21, Florida Statutes, is reenacted to read: 29 318.21 Disposition of civil penalties by county 30 courts.--All civil penalties received by a county court 31 pursuant to the provisions of this chapter shall be 7 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 distributed and paid monthly as follows: 2 (7) For fines assessed under s. 318.18(3) for unlawful 3 speed, the following amounts must be remitted to the 4 Department of Revenue for deposit in the Nongame Wildlife 5 Trust Fund: 6 7 For speed exceeding the limit by:Fine: 8 1-5 m.p.h.$ .00 9 6-9 m.p.h.$ .25 10 10-14 m.p.h.$ 3.00 11 15-19 m.p.h.$ 4.00 12 20-29 m.p.h.$ 5.00 13 30 m.p.h. and above.$10.00 14 15 The remaining amount must be distributed pursuant to 16 subsections (1) and (2). 17 Section 8. For the purpose of incorporating the 18 amendment made by this act to section 318.18, Florida 19 Statutes, in a reference thereto, paragraph (b) of subsection 20 (4) of section 402.40, Florida Statutes, is reenacted to read: 21 402.40 Child welfare training.-- 22 (4) CHILD WELFARE TRAINING TRUST FUND.-- 23 (b) One dollar from every noncriminal traffic 24 infraction collected pursuant to s. 318.14(10)(b) or s. 318.18 25 shall be deposited into the Child Welfare Training Trust Fund. 26 Section 9. For the purpose of incorporating the 27 amendment made by this act to section 318.18, Florida 28 Statutes, in a reference thereto, paragraph (b) of subsection 29 (4) of section 985.406, Florida Statutes, is reenacted to 30 read: 31 985.406 Juvenile justice training academies 8 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 established; Juvenile Justice Standards and Training 2 Commission created; Juvenile Justice Training Trust Fund 3 created.-- 4 (4) JUVENILE JUSTICE TRAINING TRUST FUND.-- 5 (b) One dollar from every noncriminal traffic 6 infraction collected pursuant to ss. 318.14(10)(b) and 318.18 7 shall be deposited into the Juvenile Justice Training Trust 8 Fund. 9 Section 10. This act shall take effect July 1, 2006. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the enacting clause 15 16 and insert: 17 A bill to be entitled 18 An act relating to speed limit enforcement on 19 state roads; creating s. 316.1893, F.S.; 20 providing legislative intent; providing for 21 establishment by the Department of 22 Transportation of enhanced penalty zones on 23 state roads; authorizing the department to set 24 speed limits within those zones; directing the 25 department to adopt a uniform system of traffic 26 control devices to be used within the zones; 27 prohibiting operation of a vehicle at a speed 28 greater than that posted in the enhanced 29 penalty zone; directing the Department of 30 Highway Safety and Motor Vehicles to tabulate 31 citations issued within enhanced penalty zones 9 9:36 AM 03/13/06 s2020d-tr04-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2020 Barcode 864152 1 and make available certain information; 2 directing the Department of Transportation, the 3 Department of Highway Safety and Motor 4 Vehicles, and the Department of Education to 5 conduct a study and report to the Governor and 6 the Legislature for certain purposes; amending 7 s. 318.18, F.S.; removing a condition for an 8 increased penalty for violation of posted speed 9 in a construction zone; providing penalties for 10 violation of posted speed in an enhanced 11 penalty zone; amending s. 318.21, F.S.; 12 correcting cross-references to conform to 13 changes made by the act; reenacting ss. 14 318.14(2), (5), and (9), 318.15(1)(a) and (2), 15 318.21(7), 402.40(4)(b), and 985.406(4)(b), 16 F.S., relating to noncriminal traffic 17 infraction procedures, failure to comply with 18 civil penalty or to appear, disposition of 19 civil penalties by county courts, child welfare 20 training, and juvenile justice training 21 academies, respectively, for the purpose of 22 incorporating the amendment made to s. 318.18, 23 F.S., in references thereto; providing an 24 effective date. 25 26 27 28 29 30 31 10 9:36 AM 03/13/06 s2020d-tr04-t01