Senate Bill sb2336c1

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    Florida Senate - 2006                           CS for SB 2336

    By the Committee on Transportation; and Senator Baker





    596-2024-06

  1                      A bill to be entitled

  2         An act relating to traffic infractions;

  3         amending s. 318.14, F.S.; providing exceptions

  4         to procedures for certain speed-limit

  5         violations; removing the option for certain

  6         offenders to attend driver improvement school;

  7         amending s. 318.18, F.S.; providing increased

  8         penalties for certain speed-limit violations;

  9         providing for disposition of increased

10         penalties; amending s. 318.19, F.S.; requiring

11         mandatory hearings for certain speed-limit

12         violations; amending s. 322.27, F.S.; providing

13         for an increase in driver points for certain

14         speed-limit violations; providing an effective

15         date.

16  

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

18  

19         Section 1.  Subsection (9) of section 318.14, Florida

20  Statutes, is amended to read:

21         318.14  Noncriminal traffic infractions; exception;

22  procedures.--

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

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

25  other than a violation of s. 316.183(2), s. 316.187, or s.

26  316.189 when the driver exceeds the posted limit by 30 miles

27  per hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s.

28  322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of

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

30  her choice within this state a basic driver improvement course

31  approved by the Department of Highway Safety and Motor

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    Florida Senate - 2006                           CS for SB 2336
    596-2024-06




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

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

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

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

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

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

 7  no more than five elections under this subsection. The

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

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

10  adjudication of guilt by a court.

11         Section 2.  Subsection (3) of section 318.18, Florida

12  Statutes, is amended to read:

13         318.18  Amount of civil penalties.--The penalties

14  required for a noncriminal disposition pursuant to s. 318.14

15  are as follows:

16         (3)(a)  Except as otherwise provided in this section,

17  $60 for all moving violations not requiring a mandatory

18  appearance.

19         (b)  For moving violations involving unlawful speed,

20  the fines are as follows:

21  

22  For speed exceeding the limit by:                        Fine:

23  1-5 m.p.h..............................................Warning

24  6-9 m.p.h.................................................$ 25

25  10-14 m.p.h...............................................$100

26  15-19 m.p.h...............................................$125

27  20-29 m.p.h...............................................$150

28  30 m.p.h. and above.......................................$250

29  

30         (c)  Notwithstanding paragraph (b), a person cited for

31  exceeding the speed limit by up to 5 m.p.h. in a legally

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    Florida Senate - 2006                           CS for SB 2336
    596-2024-06




 1  posted school zone will be fined $50. A person exceeding the

 2  speed limit in a school zone shall pay a fine double the

 3  amount listed in paragraph (b).

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

 5  posted construction zone shall pay a fine double the amount

 6  listed in paragraph (b). The fine shall be doubled for

 7  construction zone violations only if construction personnel

 8  are present or operating equipment on the road or immediately

 9  adjacent to the road under construction.

10         (e)  If a violation of s. 316.1301 or s. 316.1303

11  results in an injury to the pedestrian or damage to the

12  property of the pedestrian, an additional fine of up to $250

13  shall be paid. This amount must be distributed pursuant to s.

14  318.21.

15         (f)  A person cited for exceeding the speed limit

16  within a zone posted for any electronic or manual toll

17  collection facility shall pay a fine double the amount listed

18  in paragraph (b). However, no person cited for exceeding the

19  speed limit in any toll collection zone shall be subject to a

20  doubled fine unless the governmental entity or authority

21  controlling the toll collection zone first installs a traffic

22  control device providing warning that speeding fines are

23  doubled. Any such traffic control device must meet the

24  requirements of the uniform system of traffic control devices.

25         (g)  A person cited for a second or subsequent

26  conviction of speed exceeding the limit by 30 miles per hour

27  and above within a 12-month period shall pay a fine that is

28  double the amount listed in paragraph (b). For purposes of

29  this paragraph, the term "conviction" means a finding of

30  guilt, with or without adjudication of guilt, as a result of a

31  jury verdict, nonjury trial, or entry of a plea of guilty or

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    Florida Senate - 2006                           CS for SB 2336
    596-2024-06




 1  nolo contendere, notwithstanding s. 318.14(11). Moneys

 2  received from the increased fine imposed by this paragraph

 3  shall be remitted to the Department of Revenue and deposited

 4  into the Department of Health Administrative Trust Fund to

 5  provide financial support to certified trauma centers to

 6  assure the availability and accessibility of trauma services

 7  throughout the state. Funds deposited into the Administrative

 8  Trust Fund under this section shall be allocated as follows:

 9         1.  Fifty percent shall be allocated equally among all

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

11  of readiness costs for maintaining trauma services.

12         2.  Fifty percent shall be allocated among Level I,

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

14  relative volume of trauma cases as reported in the Department

15  of Health Trauma Registry.

16         Section 3.  Section 318.19, Florida Statutes, is

17  amended to read:

18         318.19  Infractions requiring a mandatory hearing.--Any

19  person cited for the infractions listed in this section shall

20  not have the provisions of s. 318.14(2), (4), and (9)

21  available to him or her but must appear before the designated

22  official at the time and location of the scheduled hearing:

23         (1)  Any infraction which results in a crash that

24  causes the death of another;

25         (2)  Any infraction which results in a crash that

26  causes "serious bodily injury" of another as defined in s.

27  316.1933(1);

28         (3)  Any infraction of s. 316.172(1)(b); or

29         (4)  Any infraction of s. 316.520(1) or (2); or.

30         (5)  Any infraction of s. 316.183(2), s. 316.187, or s.

31  316.189 of exceeding the speed limit by 30 m.p.h. or more.

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    Florida Senate - 2006                           CS for SB 2336
    596-2024-06




 1         Section 4.  Subsection (3) of section 322.27, Florida

 2  Statutes, is amended to read:

 3         322.27  Authority of department to suspend or revoke

 4  license.--

 5         (3)  There is established a point system for evaluation

 6  of convictions of violations of motor vehicle laws or

 7  ordinances, and violations of applicable provisions of s.

 8  403.413(6)(b) when such violations involve the use of motor

 9  vehicles, for the determination of the continuing

10  qualification of any person to operate a motor vehicle. The

11  department is authorized to suspend the license of any person

12  upon showing of its records or other good and sufficient

13  evidence that the licensee has been convicted of violation of

14  motor vehicle laws or ordinances, or applicable provisions of

15  s. 403.413(6)(b), amounting to 12 or more points as determined

16  by the point system. The suspension shall be for a period of

17  not more than 1 year.

18         (a)  When a licensee accumulates 12 points within a

19  12-month period, the period of suspension shall be for not

20  more than 30 days.

21         (b)  When a licensee accumulates 18 points, including

22  points upon which suspension action is taken under paragraph

23  (a), within an 18-month period, the suspension shall be for a

24  period of not more than 3 months.

25         (c)  When a licensee accumulates 24 points, including

26  points upon which suspension action is taken under paragraphs

27  (a) and (b), within a 36-month period, the suspension shall be

28  for a period of not more than 1 year.

29         (d)  The point system shall have as its basic element a

30  graduated scale of points assigning relative values to

31  convictions of the following violations:

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    Florida Senate - 2006                           CS for SB 2336
    596-2024-06




 1         1.  Reckless driving, willful and wanton--4 points.

 2         2.  Leaving the scene of a crash resulting in property

 3  damage of more than $50--6 points.

 4         3.  Unlawful speed resulting in a crash--6 points.

 5         4.  Passing a stopped school bus--4 points.

 6         5.  Unlawful speed:

 7         a.  Not in excess of 15 miles per hour of lawful or

 8  posted speed--3 points.

 9         b.  In excess of 15 miles per hour but less than 30

10  miles per hour of lawful or posted speed--4 points.

11         c.  Thirty miles per hour or more in excess of lawful

12  or posted speed--6 points.

13         6.  A violation of a traffic control signal device as

14  provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

15         7.  All other moving violations (including parking on a

16  highway outside the limits of a municipality)--3 points.

17  However, no points shall be imposed for a violation of s.

18  316.0741 or s. 316.2065(12).

19         8.  Any moving violation covered above, excluding

20  unlawful speed, resulting in a crash--4 points.

21         9.  Any conviction under s. 403.413(6)(b)--3 points.

22         10.  Any conviction under s. 316.0775(2)--4 points.

23         (e)  A conviction in another state of a violation

24  therein which, if committed in this state, would be a

25  violation of the traffic laws of this state, or a conviction

26  of an offense under any federal law substantially conforming

27  to the traffic laws of this state, except a violation of s.

28  322.26, may be recorded against a driver on the basis of the

29  same number of points received had the conviction been made in

30  a court of this state.

31  

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    Florida Senate - 2006                           CS for SB 2336
    596-2024-06




 1         (f)  In computing the total number of points, when the

 2  licensee reaches the danger zone, the department is authorized

 3  to send the licensee a warning letter advising that any

 4  further convictions may result in suspension of his or her

 5  driving privilege.

 6         (g)  The department shall administer and enforce the

 7  provisions of this law and may make rules and regulations

 8  necessary for its administration.

 9         (h)  Three points shall be deducted from the driver

10  history record of any person whose driving privilege has been

11  suspended only once pursuant to this subsection and has been

12  reinstated, if such person has complied with all other

13  requirements of this chapter.

14         (i)  This subsection shall not apply to persons

15  operating a nonmotorized vehicle for which a driver's license

16  is not required.

17         (j)  For purposes of sub-subparagraph (d)5.c., the term

18  "conviction" means a finding of guilt, with or without

19  adjudication of guilt, as a result of a jury verdict, nonjury

20  trial, or entry of a plea of guilty or nolo contendere,

21  notwithstanding s. 318.14(11).

22         Section 5.  This act shall take effect October 1, 2006.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 2336

26                                 

27  This CS provides the increased fines would be used to support
    trauma centers to assure the availability and accessibility of
28  trauma services throughout the state.

29  

30  

31  

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