Senate Bill sb2020c3

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    Florida Senate - 2006             CS for CS for CS for SB 2020

    By the Committees on Government Efficiency Appropriations;
    Criminal Justice; Transportation; and Senators Wise and Crist




    593-2286-06

  1                      A bill to be entitled

  2         An act relating to speed limit enforcement on

  3         state roads; creating s. 316.1893, F.S.;

  4         providing legislative intent; creating a pilot

  5         program for establishment by the Department of

  6         Transportation of enhanced penalty zones on

  7         state roads in certain counties; providing for

  8         future review and repeal of the pilot program;

  9         authorizing the department to set speed limits

10         within enhanced penalty zones; directing the

11         department to adopt a uniform system of traffic

12         control devices to be used within the zones;

13         prohibiting operation of a vehicle at a speed

14         greater than that posted in the enhanced

15         penalty zone; directing the Department of

16         Highway Safety and Motor Vehicles to tabulate

17         citations issued within enhanced penalty zones

18         and make available certain information;

19         directing the Department of Transportation, the

20         Department of Highway Safety and Motor

21         Vehicles, and the Department of Education to

22         conduct a study and report to the Governor and

23         the Legislature for certain purposes; amending

24         s. 318.18, F.S.; specifying criteria for

25         posting in a construction zone; providing

26         penalties for violation of posted speed in an

27         enhanced penalty zone; amending s. 318.21,

28         F.S.; correcting cross-references to conform to

29         changes made by the act; providing for

30         disposition of fines collected; reenacting ss.

31         318.14(2), (5), and (9), 318.15(1)(a) and (2),

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1         318.21(7), 402.40(4)(b), and 985.406(4)(b),

 2         F.S., relating to noncriminal traffic

 3         infraction procedures, failure to comply with

 4         civil penalty or to appear, disposition of

 5         civil penalties by county courts, child welfare

 6         training, and juvenile justice training

 7         academies, respectively, for the purpose of

 8         incorporating the amendment made to s. 318.18,

 9         F.S., in references thereto; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 316.1893, Florida Statutes, is

15  created to read:

16         316.1893  Establishment of enhanced penalty zones;

17  designation.--

18         (1)  It is the intent of the Legislature to prevent

19  vehicular fatalities by prioritizing enforcement on segments

20  of highways that have a high incidence of speed-related

21  crashes. Enforcement shall also be prioritized during the

22  times that speed-related crashes most often occur. The

23  enforcement of these zones shall be in a way that maximizes

24  public safety.

25         (2)  No later than July 1, 2007, the Department of

26  Transportation shall identify enhanced penalty zones on state

27  roads in Brevard, Duval, and St. Johns Counties as a pilot

28  program in an effort to reduce speed-related crashes on state

29  roads. This pilot program shall stand repealed July 1, 2009,

30  unless reviewed and saved from repeal through reenactment by

31  the Legislature.

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1         (3)  The Department of Transportation, pursuant to the

 2  authority granted under s. 316.187, is authorized to set such

 3  maximum and minimum speed limits for travel within enhanced

 4  penalty zones as it deems safe and advisable.

 5         (4)  The Department of Transportation shall adopt a

 6  uniform system of traffic control devices for use in

 7  conjunction with enhanced penalty zones pursuant to the

 8  authority granted under s. 316.0745.

 9         (5)  A person may not drive a vehicle on a roadway

10  designated as an enhanced penalty zone at a speed greater than

11  that posted in the enhanced penalty zone in accordance with

12  this section. A person who violates the speed limit within a

13  legally posted enhanced penalty zone established under this

14  section commits a moving violation, punishable as provided in

15  chapter 318.

16         (6)  The Department of Highway Safety and Motor

17  Vehicles shall annually publish the date, time, and number of

18  citations issued both in and outside enhanced penalty zones

19  and shall make available statistical information based thereon

20  as to the number and circumstances of traffic citations inside

21  an enhanced penalty zone.

22         Section 2.  The Department of Transportation, the

23  Department of Highway Safety and Motor Vehicles, and the

24  Department of Education shall jointly conduct a study of

25  highway safety and transportation issues as they relate to

26  public safety, including, but not limited to, engineering,

27  enforcement, and policy, to identify measurable improvements

28  to reduce highway traffic fatalities by one-third of the 2005

29  traffic death statistics. The results of the study shall be

30  presented to the Governor, the President of the Senate, and

31  the Speaker of the House of Representatives no later than July

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1  1, 2007, for a public hearing and development of legislative

 2  recommendations.

 3         Section 3.  Paragraph (d) of subsection (3) of section

 4  318.18, Florida Statutes, is amended, paragraphs (e) and (f)

 5  of that subsection are redesignated as paragraphs (f) and (g),

 6  respectively, and a new paragraph (e) is added to that

 7  subsection, to read:

 8         318.18  Amount of civil penalties.--The penalties

 9  required for a noncriminal disposition pursuant to s. 318.14

10  are as follows:

11         (3)

12         (d)  A person cited for exceeding the speed limit in a

13  posted construction zone, which posting must include

14  notification of the speed limit and the doubling of fines,

15  shall pay a fine double the amount listed in paragraph (b).

16  The fine shall be doubled for construction zone violations

17  only if construction personnel are present or operating

18  equipment on the road or immediately adjacent to the road

19  under construction.

20         (e)  A person cited for exceeding the speed limit in an

21  enhanced penalty zone shall pay a fine amount of $50 plus the

22  amount listed in paragraph (b). Notwithstanding paragraph (b),

23  a person cited for exceeding the speed limit by up to 5 m.p.h.

24  in a legally posted enhanced penalty zone shall pay a fine

25  amount of $50.

26         Section 4.  Subsections (4) and (5) of section 318.21,

27  Florida Statutes, are amended, and subsection (15) is added to

28  that section, to read:

29         318.21  Disposition of civil penalties by county

30  courts.--All civil penalties received by a county court

31  

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1  pursuant to the provisions of this chapter shall be

 2  distributed and paid monthly as follows:

 3         (4)  Of the additional fine assessed under s.

 4  318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent

 5  must be remitted to the Department of Revenue for deposit in

 6  the Grants and Donations Trust Fund of the Division of Blind

 7  Services of the Department of Education, and 60 percent must

 8  be distributed pursuant to subsections (1) and (2).

 9         (5)  Of the additional fine assessed under s.

10  318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent

11  must be remitted to the Department of Revenue for deposit in

12  the endowment fund for the Florida Endowment Foundation for

13  Vocational Rehabilitation, and 40 percent must be distributed

14  pursuant to subsections (1) and (2) of this section.

15         (15)  Of the additional fine assessed under s.

16  318.18(3)(e) for a violation of s. 316.1893, 50 percent of the

17  moneys received from the fines shall be appropriated to the

18  Agency for Health Care Administration as general revenue to

19  provide an enhanced Medicaid payment to nursing homes that

20  serve Medicaid recipients with brain and spinal cord injuries.

21  The remaining 50 percent of the moneys received from the

22  enhanced fine imposed under s. 318.18(3)(e) shall be remitted

23  to the Department of Revenue and deposited into the Department

24  of Health Administrative Trust Fund to provide financial

25  support to certified trauma centers in Brevard, Duval, and St.

26  Johns Counties to ensure the availability and accessibility of

27  trauma services. Funds deposited into the Administrative Trust

28  Fund under this subsection shall be allocated as follows:

29         (a)  Fifty percent shall be allocated equally among all

30  Level I, Level II, and pediatric trauma centers in recognition

31  of readiness costs for maintaining trauma services.

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1         (b)  Fifty percent shall be allocated among Level I,

 2  Level II, and pediatric trauma centers based on each center's

 3  relative volume of trauma cases as reported in the Department

 4  of Health Trauma Registry.

 5         Section 5.  For the purpose of incorporating the

 6  amendment made by this act to section 318.18, Florida

 7  Statutes, in references thereto, subsections (2), (5), and (9)

 8  of section 318.14, Florida Statutes, are reenacted to read:

 9         318.14  Noncriminal traffic infractions; exception;

10  procedures.--

11         (2)  Except as provided in s. 316.1001(2), any person

12  cited for an infraction under this section must sign and

13  accept a citation indicating a promise to appear. The officer

14  may indicate on the traffic citation the time and location of

15  the scheduled hearing and must indicate the applicable civil

16  penalty established in s. 318.18.

17         (5)  Any person electing to appear before the

18  designated official or who is required so to appear shall be

19  deemed to have waived his or her right to the civil penalty

20  provisions of s. 318.18. The official, after a hearing, shall

21  make a determination as to whether an infraction has been

22  committed. If the commission of an infraction has been proven,

23  the official may impose a civil penalty not to exceed $500,

24  except that in cases involving unlawful speed in a school zone

25  or involving unlawful speed in a construction zone, the civil

26  penalty may not exceed $1,000; or require attendance at a

27  driver improvement school, or both. If the person is required

28  to appear before the designated official pursuant to s.

29  318.19(1) and is found to have committed the infraction, the

30  designated official shall impose a civil penalty of $1,000 in

31  addition to any other penalties and the person's driver's

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1  license shall be suspended for 6 months. If the person is

 2  required to appear before the designated official pursuant to

 3  s. 318.19(2) and is found to have committed the infraction,

 4  the designated official shall impose a civil penalty of $500

 5  in addition to any other penalties and the person's driver's

 6  license shall be suspended for 3 months. If the official

 7  determines that no infraction has been committed, no costs or

 8  penalties shall be imposed and any costs or penalties that

 9  have been paid shall be returned. Moneys received from the

10  mandatory civil penalties imposed pursuant to this subsection

11  upon persons required to appear before a designated official

12  pursuant to s. 318.19(1) or (2) shall be remitted to the

13  Department of Revenue and deposited into the Department of

14  Health Administrative Trust Fund to provide financial support

15  to certified trauma centers to assure the availability and

16  accessibility of trauma services throughout the state. Funds

17  deposited into the Administrative Trust Fund under this

18  section shall be allocated as follows:

19         (a)  Fifty percent shall be allocated equally among all

20  Level I, Level II, and pediatric trauma centers in recognition

21  of readiness costs for maintaining trauma services.

22         (b)  Fifty percent shall be allocated among Level I,

23  Level II, and pediatric trauma centers based on each center's

24  relative volume of trauma cases as reported in the Department

25  of Health Trauma Registry.

26         (9)  Any person who does not hold a commercial driver's

27  license and who is cited for an infraction under this section

28  other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),

29  s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu

30  of a court appearance, elect to attend in the location of his

31  or her choice within this state a basic driver improvement

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1  course approved by the Department of Highway Safety and Motor

 2  Vehicles. In such a case, adjudication must be withheld;

 3  points, as provided by s. 322.27, may not be assessed; and the

 4  civil penalty that is imposed by s. 318.18(3) must be reduced

 5  by 18 percent; however, a person may not make an election

 6  under this subsection if the person has made an election under

 7  this subsection in the preceding 12 months. A person may make

 8  no more than five elections under this subsection. The

 9  requirement for community service under s. 318.18(8) is not

10  waived by a plea of nolo contendere or by the withholding of

11  adjudication of guilt by a court.

12         Section 6.  For the purpose of incorporating the

13  amendment made by this act to section 318.18, Florida

14  Statutes, in references thereto, paragraph (a) of subsection

15  (1) and subsection (2) of section 318.15, Florida Statutes,

16  are reenacted to read:

17         318.15  Failure to comply with civil penalty or to

18  appear; penalty.--

19         (1)(a)  If a person fails to comply with the civil

20  penalties provided in s. 318.18 within the time period

21  specified in s. 318.14(4), fails to attend driver improvement

22  school, or fails to appear at a scheduled hearing, the clerk

23  of the court shall notify the Division of Driver Licenses of

24  the Department of Highway Safety and Motor Vehicles of such

25  failure within 10 days after such failure. Upon receipt of

26  such notice, the department shall immediately issue an order

27  suspending the driver's license and privilege to drive of such

28  person effective 20 days after the date the order of

29  suspension is mailed in accordance with s. 322.251(1), (2),

30  and (6). Any such suspension of the driving privilege which

31  has not been reinstated, including a similar suspension

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1  imposed outside Florida, shall remain on the records of the

 2  department for a period of 7 years from the date imposed and

 3  shall be removed from the records after the expiration of 7

 4  years from the date it is imposed.

 5         (2)  After suspension of the driver's license and

 6  privilege to drive of a person under subsection (1), the

 7  license and privilege may not be reinstated until the person

 8  complies with all obligations and penalties imposed on him or

 9  her under s. 318.18 and presents to a driver license office a

10  certificate of compliance issued by the court, together with a

11  nonrefundable service charge of up to $47.50 imposed under s.

12  322.29, or presents a certificate of compliance and pays the

13  aforementioned service charge of up to $47.50 to the clerk of

14  the court or tax collector clearing such suspension. Of the

15  charge collected by the clerk of the court or the tax

16  collector, $10 shall be remitted to the Department of Revenue

17  to be deposited into the Highway Safety Operating Trust Fund.

18  Such person shall also be in compliance with requirements of

19  chapter 322 prior to reinstatement.

20         Section 7.  For the purpose of incorporating the

21  amendment made by this act to section 318.18, Florida

22  Statutes, in a reference thereto, subsection (7) of section

23  318.21, Florida Statutes, is reenacted to read:

24         318.21  Disposition of civil penalties by county

25  courts.--All civil penalties received by a county court

26  pursuant to the provisions of this chapter shall be

27  distributed and paid monthly as follows:

28         (7)  For fines assessed under s. 318.18(3) for unlawful

29  speed, the following amounts must be remitted to the

30  Department of Revenue for deposit in the Nongame Wildlife

31  Trust Fund:

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1  

 2  For speed exceeding the limit by:                        Fine:

 3  1-5 m.p.h...............................................$  .00

 4  6-9 m.p.h...............................................$  .25

 5  10-14 m.p.h.............................................$ 3.00

 6  15-19 m.p.h.............................................$ 4.00

 7  20-29 m.p.h.............................................$ 5.00

 8  30 m.p.h. and above.....................................$10.00

 9  

10  The remaining amount must be distributed pursuant to

11  subsections (1) and (2).

12         Section 8.  For the purpose of incorporating the

13  amendment made by this act to section 318.18, Florida

14  Statutes, in a reference thereto, paragraph (b) of subsection

15  (4) of section 402.40, Florida Statutes, is reenacted to read:

16         402.40  Child welfare training.--

17         (4)  CHILD WELFARE TRAINING TRUST FUND.--

18         (b)  One dollar from every noncriminal traffic

19  infraction collected pursuant to s. 318.14(10)(b) or s. 318.18

20  shall be deposited into the Child Welfare Training Trust Fund.

21         Section 9.  For the purpose of incorporating the

22  amendment made by this act to section 318.18, Florida

23  Statutes, in a reference thereto, paragraph (b) of subsection

24  (4) of section 985.406, Florida Statutes, is reenacted to

25  read:

26         985.406  Juvenile justice training academies

27  established; Juvenile Justice Standards and Training

28  Commission created; Juvenile Justice Training Trust Fund

29  created.--

30         (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--

31  

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    Florida Senate - 2006             CS for CS for CS for SB 2020
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 1         (b)  One dollar from every noncriminal traffic

 2  infraction collected pursuant to ss. 318.14(10)(b) and 318.18

 3  shall be deposited into the Juvenile Justice Training Trust

 4  Fund.

 5         Section 10.  This act shall take effect July 1, 2006.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                          CS/CS/SB 2020

 9                                 

10  The Committee Substitute narrowed the requirement for the
    Florida Department of Transportation to establish enhanced
11  penalty zones on state highways throughout the state, to a
    pilot program in Brevard, Duval, and St. Johns Counties.
12  
    The Committee Substitute requires that 50 percent of the funds
13  received from the enhanced penalty zone fines must provide an
    enhanced Medicaid payment to nursing homes that serve Medicaid
14  patients with brain and spinal cord injuries. The remaining 50
    percent of funds received are to be deposited into the
15  Department of Health Administrative Trust Fund to provide
    financial support to certified trauma centers in Brevard,
16  Duval, and St. Johns Counties.

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