| 1 | Representative(s) Benson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line 629 and insert: |
| 5 |
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| 6 | Section 13. Effective October 1, 2006, section 318.18, |
| 7 | Florida Statutes, is amended to read: |
| 8 | 318.18 Amount of civil penalties.--The penalties required |
| 9 | for a noncriminal disposition pursuant to s. 318.14 or a |
| 10 | criminal offense listed in s. 318.17 are as follows: |
| 11 | (1) Fifteen dollars for: |
| 12 | (a) All infractions of pedestrian regulations. |
| 13 | (b) All infractions of s. 316.2065, unless otherwise |
| 14 | specified. |
| 15 | (c) Other violations of chapter 316 by persons 14 years of |
| 16 | age or under who are operating bicycles, regardless of the |
| 17 | noncriminal traffic infraction's classification. |
| 18 | (2) Thirty dollars for all nonmoving traffic violations |
| 19 | and: |
| 20 | (a) For all violations of s. 322.19. |
| 21 | (b) For all violations of ss. 320.0605, 320.07(1), |
| 22 | 322.065, and 322.15(1). Any person who is cited for a violation |
| 23 | of s. 320.07(1) shall be charged a delinquent fee pursuant to s. |
| 24 | 320.07(4). |
| 25 | 1. If a person who is cited for a violation of s. 320.0605 |
| 26 | or s. 320.07 can show proof of having a valid registration at |
| 27 | the time of arrest, the clerk of the court may dismiss the case |
| 28 | and may assess a dismissal fee of up to $7.50. A person who |
| 29 | finds it impossible or impractical to obtain a valid |
| 30 | registration certificate must submit an affidavit detailing the |
| 31 | reasons for the impossibility or impracticality. The reasons may |
| 32 | include, but are not limited to, the fact that the vehicle was |
| 33 | sold, stolen, or destroyed; that the state in which the vehicle |
| 34 | is registered does not issue a certificate of registration; or |
| 35 | that the vehicle is owned by another person. |
| 36 | 2. If a person who is cited for a violation of s. 322.03, |
| 37 | s. 322.065, or s. 322.15 can show a driver's license issued to |
| 38 | him or her and valid at the time of arrest, the clerk of the |
| 39 | court may dismiss the case and may assess a dismissal fee of up |
| 40 | to $7.50. |
| 41 | 3. If a person who is cited for a violation of s. 316.646 |
| 42 | can show proof of security as required by s. 627.733, issued to |
| 43 | the person and valid at the time of arrest, the clerk of the |
| 44 | court may dismiss the case and may assess a dismissal fee of up |
| 45 | to $7.50. A person who finds it impossible or impractical to |
| 46 | obtain proof of security must submit an affidavit detailing the |
| 47 | reasons for the impracticality. The reasons may include, but are |
| 48 | not limited to, the fact that the vehicle has since been sold, |
| 49 | stolen, or destroyed; that the owner or registrant of the |
| 50 | vehicle is not required by s. 627.733 to maintain personal |
| 51 | injury protection insurance; or that the vehicle is owned by |
| 52 | another person. |
| 53 | (c) For all violations of ss. 316.2935 and 316.610. |
| 54 | However, for a violation of s. 316.2935 or s. 316.610, if the |
| 55 | person committing the violation corrects the defect and obtains |
| 56 | proof of such timely repair by an affidavit of compliance |
| 57 | executed by the law enforcement agency within 30 days from the |
| 58 | date upon which the traffic citation was issued, and pays $4 to |
| 59 | the law enforcement agency, thereby completing the affidavit of |
| 60 | compliance, then upon presentation of said affidavit by the |
| 61 | defendant to the clerk within the 30-day time period set forth |
| 62 | under s. 318.14(4), the fine must be reduced to $7.50, which the |
| 63 | clerk of the court shall retain. |
| 64 | (d) For all violations of s. 316.126(1)(b), unless |
| 65 | otherwise specified. |
| 66 | (3)(a) Except as otherwise provided in this section, $60 |
| 67 | for all moving violations not requiring a mandatory appearance. |
| 68 | (b) For moving violations involving unlawful speed, the |
| 69 | fines are as follows: |
| 70 |
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| 71 | For speed exceeding the limit by: Fine: |
| 72 | 1-5 m.p.h. Warning |
| 73 | 6-9 m.p.h. $ 25 |
| 74 | 10-14 m.p.h. $100 |
| 75 | 15-19 m.p.h. $125 |
| 76 | 20-29 m.p.h. $150 |
| 77 | 30 m.p.h. and above. $250 |
| 78 | (c) Notwithstanding paragraph (b), a person cited for |
| 79 | exceeding the speed limit by up to 5 m.p.h. in a legally posted |
| 80 | school zone will be fined $50. A person exceeding the speed |
| 81 | limit in a school zone shall pay a fine double the amount listed |
| 82 | in paragraph (b). |
| 83 | (d) A person cited for exceeding the speed limit in a |
| 84 | posted construction zone shall pay a fine double the amount |
| 85 | listed in paragraph (b). The fine shall be doubled for |
| 86 | construction zone violations only if construction personnel are |
| 87 | present or operating equipment on the road or immediately |
| 88 | adjacent to the road under construction. |
| 89 | (e) If a violation of s. 316.1301 or s. 316.1303 results |
| 90 | in an injury to the pedestrian or damage to the property of the |
| 91 | pedestrian, an additional fine of up to $250 shall be paid. This |
| 92 | amount must be distributed pursuant to s. 318.21. |
| 93 | (f) A person cited for exceeding the speed limit within a |
| 94 | zone posted for any electronic or manual toll collection |
| 95 | facility shall pay a fine double the amount listed in paragraph |
| 96 | (b). However, no person cited for exceeding the speed limit in |
| 97 | any toll collection zone shall be subject to a doubled fine |
| 98 | unless the governmental entity or authority controlling the toll |
| 99 | collection zone first installs a traffic control device |
| 100 | providing warning that speeding fines are doubled. Any such |
| 101 | traffic control device must meet the requirements of the uniform |
| 102 | system of traffic control devices. |
| 103 | (4) The penalty imposed under s. 316.545 shall be |
| 104 | determined by the officer in accordance with the provisions of |
| 105 | ss. 316.535 and 316.545. |
| 106 | (5)(a) One hundred dollars for a violation of s. |
| 107 | 316.172(1)(a), failure to stop for a school bus. If, at a |
| 108 | hearing, the alleged offender is found to have committed this |
| 109 | offense, the court shall impose a minimum civil penalty of $100. |
| 110 | In addition to this penalty, for a second or subsequent offense |
| 111 | within a period of 5 years, the department shall suspend the |
| 112 | driver's license of the person for not less than 90 days and not |
| 113 | more than 6 months. |
| 114 | (b) Two hundred dollars for a violation of s. |
| 115 | 316.172(1)(b), passing a school bus on the side that children |
| 116 | enter and exit when the school bus displays a stop signal. If, |
| 117 | at a hearing, the alleged offender is found to have committed |
| 118 | this offense, the court shall impose a minimum civil penalty of |
| 119 | $200. In addition to this penalty, for a second or subsequent |
| 120 | offense within a period of 5 years, the department shall suspend |
| 121 | the driver's license of the person for not less than 180 days |
| 122 | and not more than 1 year. |
| 123 | (6) One hundred dollars or the fine amount designated by |
| 124 | county ordinance, plus court costs for illegally parking, under |
| 125 | s. 316.1955, in a parking space provided for people who have |
| 126 | disabilities. However, this fine will be waived if a person |
| 127 | provides to the law enforcement agency that issued the citation |
| 128 | for such a violation proof that the person committing the |
| 129 | violation has a valid parking permit or license plate issued |
| 130 | pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845, |
| 131 | or s. 320.0848 or a signed affidavit that the owner of the |
| 132 | disabled parking permit or license plate was present at the time |
| 133 | the violation occurred, and that such a parking permit or |
| 134 | license plate was valid at the time the violation occurred. The |
| 135 | law enforcement officer, upon determining that all required |
| 136 | documentation has been submitted verifying that the required |
| 137 | parking permit or license plate was valid at the time of the |
| 138 | violation, must sign an affidavit of compliance. Upon provision |
| 139 | of the affidavit of compliance and payment of a dismissal fee of |
| 140 | up to $7.50 to the clerk of the circuit court, the clerk shall |
| 141 | dismiss the citation. |
| 142 | (7) One hundred dollars for a violation of s. 316.1001. |
| 143 | However, a person may elect to pay $30 to the clerk of the |
| 144 | court, in which case adjudication is withheld, and no points are |
| 145 | assessed under s. 322.27. Upon receipt of the fine, the clerk of |
| 146 | the court must retain $5 for administrative purposes and must |
| 147 | forward the $25 to the governmental entity that issued the |
| 148 | citation. Any funds received by a governmental entity for this |
| 149 | violation may be used for any lawful purpose related to the |
| 150 | operation or maintenance of a toll facility. |
| 151 | (8)(a) Any person who fails to comply with the court's |
| 152 | requirements or who fails to pay the civil penalties specified |
| 153 | in this section within the 30-day period provided for in s. |
| 154 | 318.14 must pay an additional civil penalty of $12, $2.50 of |
| 155 | which must be remitted to the Department of Revenue for deposit |
| 156 | in the General Revenue Fund, and $9.50 of which must be remitted |
| 157 | to the Department of Revenue for deposit in the Highway Safety |
| 158 | Operating Trust Fund. The department shall contract with the |
| 159 | Florida Association of Court Clerks, Inc., to design, establish, |
| 160 | operate, upgrade, and maintain an automated statewide Uniform |
| 161 | Traffic Citation Accounting System to be operated by the clerks |
| 162 | of the court which shall include, but not be limited to, the |
| 163 | accounting for traffic infractions by type, a record of the |
| 164 | disposition of the citations, and an accounting system for the |
| 165 | fines assessed and the subsequent fine amounts paid to the |
| 166 | clerks of the court. On or before December 1, 2001, the clerks |
| 167 | of the court must provide the information required by this |
| 168 | chapter to be transmitted to the department by electronic |
| 169 | transmission pursuant to the contract. |
| 170 | (b) Any person who fails to comply with the court's |
| 171 | requirements as to civil penalties specified in this section due |
| 172 | to demonstrable financial hardship shall be authorized to |
| 173 | satisfy such civil penalties by public works or community |
| 174 | service. Each hour of such service shall be applied, at the rate |
| 175 | of the minimum wage, toward payment of the person's civil |
| 176 | penalties; provided, however, that if the person has a trade or |
| 177 | profession for which there is a community service need and |
| 178 | application, the rate for each hour of such service shall be the |
| 179 | average standard wage for such trade or profession. Any person |
| 180 | who fails to comply with the court's requirements as to such |
| 181 | civil penalties who does not demonstrate financial hardship may |
| 182 | also, at the discretion of the court, be authorized to satisfy |
| 183 | such civil penalties by public works or community service in the |
| 184 | same manner. |
| 185 | (c) If the noncriminal infraction has caused or resulted |
| 186 | in the death of another, the person who committed the infraction |
| 187 | may perform 120 community service hours under s. 316.027(4), in |
| 188 | addition to any other penalties. |
| 189 | (9) One hundred dollars for a violation of s. 316.1575. |
| 190 | (10) Twenty-five dollars for a violation of s. 316.2074. |
| 191 | (11)(a) In addition to the stated fine, court costs must |
| 192 | be paid in the following amounts and shall be deposited by the |
| 193 | clerk into the fine and forfeiture fund established pursuant to |
| 194 | s. 142.01: |
| 195 |
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| 196 | For pedestrian infractions $ 3. |
| 197 | For nonmoving traffic infractions $ 16. |
| 198 | For moving traffic infractions $ 30. |
| 199 | (b) In addition to the court cost required under paragraph |
| 200 | (a), up to $3 for each infraction shall be collected and |
| 201 | distributed by the clerk in those counties that have been |
| 202 | authorized to establish a criminal justice selection center or a |
| 203 | criminal justice access and assessment center pursuant to the |
| 204 | following special acts of the Legislature: |
| 205 | 1. Chapter 87-423, Laws of Florida, for Brevard County. |
| 206 | 2. Chapter 89-521, Laws of Florida, for Bay County. |
| 207 | 3. Chapter 94-444, Laws of Florida, for Alachua County. |
| 208 | 4. Chapter 97-333, Laws of Florida, for Pinellas County. |
| 209 |
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| 210 | Funds collected by the clerk pursuant to this paragraph shall be |
| 211 | distributed to the centers authorized by those special acts. |
| 212 | (c) In addition to the court cost required under paragraph |
| 213 | (a), a $2.50 court cost must be paid for each infraction to be |
| 214 | distributed by the clerk to the county to help pay for criminal |
| 215 | justice education and training programs pursuant to s. 938.15. |
| 216 | Funds from the distribution to the county not directed by the |
| 217 | county to fund these centers or programs shall be retained by |
| 218 | the clerk and used for funding the court-related services of the |
| 219 | clerk. |
| 220 | (d) In addition to the court cost required under paragraph |
| 221 | (a), a $3 court cost must be paid for each infraction to be |
| 222 | distributed as provided in s. 938.01 and a $2 court cost as |
| 223 | provided in s. 938.15 when assessed by a municipality or county. |
| 224 | (12) One hundred dollars for a violation of s. 316.520(1) |
| 225 | or (2). If, at a hearing, the alleged offender is found to have |
| 226 | committed this offense, the court shall impose a minimum civil |
| 227 | penalty of $100. For a second or subsequent adjudication within |
| 228 | a period of 5 years, the department shall suspend the driver's |
| 229 | license of the person for not less than 180 days and not more |
| 230 | than 1 year. |
| 231 | (13) In addition to any penalties imposed for noncriminal |
| 232 | traffic infractions pursuant to this chapter or imposed for |
| 233 | criminal violations listed in s. 318.17, a board of county |
| 234 | commissioners or any unit of local government which is |
| 235 | consolidated as provided by s. 9, Art. VIII of the State |
| 236 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
| 237 | Constitution of 1968: |
| 238 | (a) May impose by ordinance a surcharge of up to $15 for |
| 239 | any infraction or violation to fund state court facilities. The |
| 240 | court shall not waive this surcharge. Up to 25 percent of the |
| 241 | revenue from such surcharge may be used to support local law |
| 242 | libraries provided that the county or unit of local government |
| 243 | provides a level of service equal to that provided prior to July |
| 244 | 1, 2004, which shall include the continuation of library |
| 245 | facilities located in or near the county courthouse or annexes. |
| 246 | (b) That imposed increased fees or service charges by |
| 247 | ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the |
| 248 | purpose of securing payment of the principal and interest on |
| 249 | bonds issued by the county before July 1, 2003, to finance state |
| 250 | court facilities, may impose by ordinance a surcharge for any |
| 251 | infraction or violation for the exclusive purpose of securing |
| 252 | payment of the principal and interest on bonds issued by the |
| 253 | county before July 1, 2003, to fund state court facilities until |
| 254 | the date of stated maturity. The court shall not waive this |
| 255 | surcharge. Such surcharge may not exceed an amount per violation |
| 256 | calculated as the quotient of the maximum annual payment of the |
| 257 | principal and interest on the bonds as of July 1, 2003, divided |
| 258 | by the number of traffic citations for county fiscal year 2002- |
| 259 | 2003 certified as paid by the clerk of the court of the county. |
| 260 | Such quotient shall be rounded up to the next highest dollar |
| 261 | amount. The bonds may be refunded only if savings will be |
| 262 | realized on payments of debt service and the refunding bonds are |
| 263 | scheduled to mature on the same date or before the bonds being |
| 264 | refunded. |
| 265 |
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| 266 | A county may not impose both of the surcharges authorized under |
| 267 | paragraphs (a) and (b) concurrently. The clerk of court shall |
| 268 | report, no later than 30 days after the end of the quarter, the |
| 269 | amount of funds collected under this subsection during each |
| 270 | quarter of the fiscal year. The clerk shall submit the report, |
| 271 | in a format developed by the Office of State Courts |
| 272 | Administrator, to the chief judge of the circuit, the Governor, |
| 273 | the President of the Senate, and the Speaker of the House of |
| 274 | Representatives. |
| 275 | (14) In addition to any penalties imposed for noncriminal |
| 276 | traffic infractions under this chapter or imposed for criminal |
| 277 | violations listed in s. 318.17, any unit of local government |
| 278 | that is consolidated as provided by s. 9, Art. VIII of the State |
| 279 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
| 280 | State Constitution of 1968, and that is granted the authority in |
| 281 | the State Constitution to exercise all the powers of a municipal |
| 282 | corporation, and any unit of local government operating under a |
| 283 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 284 | VIII of the State Constitution of 1885, as preserved by s. 6(e), |
| 285 | Art. VIII of the State Constitution of 1968, that is granted the |
| 286 | authority in the State Constitution to exercise all the powers |
| 287 | conferred now or hereafter by general law upon municipalities, |
| 288 | may impose by ordinance a surcharge of up to $15 for any |
| 289 | infraction or violation. Revenue from the surcharge shall be |
| 290 | transferred to such unit of local government for the purpose of |
| 291 | replacing fine revenue deposited into the clerk's fine and |
| 292 | forfeiture fund under s. 142.01. The court may not waive this |
| 293 | surcharge. Proceeds from the imposition of the surcharge |
| 294 | authorized in this subsection shall not be used for the purpose |
| 295 | of securing payment of the principal and interest on bonds. This |
| 296 | subsection, and any surcharge imposed pursuant to this |
| 297 | subsection, shall stand repealed September 30, 2007. |
| 298 | (15) One hundred twenty-five dollars for a violation of s. |
| 299 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 300 | stop at a traffic signal. Sixty dollars shall be distributed as |
| 301 | provided in s. 318.21, and the remaining $65 shall be remitted |
| 302 | to the Department of Revenue for deposit into the Administrative |
| 303 | Trust Fund of the Department of Health. |
| 304 | (16) In addition to any penalties imposed, a surcharge of |
| 305 | $4 must be paid for all criminal offenses listed in s. 318.17 |
| 306 | and for all noncriminal moving traffic violations under chapter |
| 307 | 316. Revenue from the surcharge shall be remitted to the |
| 308 | Department of Revenue and deposited quarterly into the State |
| 309 | Agency Law Enforcement Radio System Trust Fund of the Department |
| 310 | of Management Services for the state agency law enforcement |
| 311 | radio system, as described in s. 282.1095. |
| 312 | Section 14. Effective October 1, 2006, subsection (15) is |
| 313 | added to section 318.21, Florida Statutes, to read: |
| 314 | 318.21 Disposition of civil penalties by county |
| 315 | courts.--All civil penalties received by a county court pursuant |
| 316 | to the provisions of this chapter shall be distributed and paid |
| 317 | monthly as follows: |
| 318 | (15) Notwithstanding subsections (1) and (2), the proceeds |
| 319 | from the surcharge imposed under to s. 318.18(16) shall be |
| 320 | distributed as provided in that subsection. |
| 321 | Section 15. Except as otherwise expressly provided in this |
| 322 | act, this act shall take effect July 1, 2006. |
| 323 |
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| 324 | ======= T I T L E A M E N D M E N T ======= |
| 325 | Remove line 104 and insert: |
| 326 |
|
| 327 | severability; amending s. 318.18, F.S.; revising penalty |
| 328 | provisions to provide for certain criminal penalties; |
| 329 | imposing a surcharge to be paid for specified traffic- |
| 330 | related criminal offenses and all moving traffic |
| 331 | violations; providing for distribution of the proceeds of |
| 332 | the surcharge to be used for the state agency law |
| 333 | enforcement radio system; amending s. 318.21, F.S.; |
| 334 | revising distribution provisions to provide for |
| 335 | distribution of the surcharge; providing effective dates. |