HB 0997

CS

CHAMBER ACTION

1	The Transportation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the state agency law enforcement radio
7	system; amending s. 318.18, F.S.; revising penalty
8	provisions to provide for certain criminal penalties;
9	imposing a surcharge to be paid for specified traffic-
10	related criminal offenses and all moving traffic
11	violations; providing for distribution of the proceeds of
12	the surcharge to be used for the state agency law
13	enforcement radio system; amending s. 318.21, F.S.;
14	revising distribution provisions to provide for
15	distribution of the surcharge; providing an effective
16	date.
17
18	WHEREAS, during the 2004 and 2005 hurricane seasons, the
19	State of Florida experienced eight catastrophic storms within a
20	15-month period, and
21	WHEREAS, designed in 1988, the state agency law enforcement
22	radio system was able to serve law enforcement units of state
23	agencies and local law enforcement agencies through mutual aid
24	channels, and
25	WHEREAS, the state recognizes the importance of maintaining
26	a law enforcement radio system throughout the state to ensure
27	that first responders and law enforcement officers are able to
28	communicate, protect, and provide relief, and
29	WHEREAS, the state agency law enforcement radio system
30	performed as designed and was able to withstand and operate
31	effectively during all recent hurricanes, and
32	WHEREAS, recent legislative studies and agency reviews
33	indicate that the radio system should be strengthened to ensure
34	continued communication and protection by investment in the
35	infrastructure, and
36	WHEREAS, in 2005, the Joint Task Force on State Agency Law
37	Enforcement Communications conducted a review of the operations
38	and identified a number of enhancements to strengthen the system
39	for future events, and
40	WHEREAS, these permanent enhancements to the statewide
41	system should be funded by recurring funding sources, and
42	WHEREAS, all Floridians benefit from a law enforcement
43	radio system that allows constant communication throughout the
44	state during hurricane seasons, emergencies, and the normal
45	course of performing their duties, NOW, THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  Section 318.18, Florida Statutes, is amended to
50	read:
51	318.18  Amount of civil penalties.--The penalties required
52	for a noncriminal disposition pursuant to s. 318.14 or a
53	criminal offense listed in s. 318.17 are as follows:
54	(1)  Fifteen dollars for:
55	(a)  All infractions of pedestrian regulations.
56	(b)  All infractions of s. 316.2065, unless otherwise
57	specified.
58	(c)  Other violations of chapter 316 by persons 14 years of
59	age or under who are operating bicycles, regardless of the
60	noncriminal traffic infraction's classification.
61	(2)  Thirty dollars for all nonmoving traffic violations
62	and:
63	(a)  For all violations of s. 322.19.
64	(b)  For all violations of ss. 320.0605, 320.07(1),
65	322.065, and 322.15(1). Any person who is cited for a violation
66	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
67	320.07(4).
68	1.  If a person who is cited for a violation of s. 320.0605
69	or s. 320.07 can show proof of having a valid registration at
70	the time of arrest, the clerk of the court may dismiss the case
71	and may assess a dismissal fee of up to $7.50. A person who
72	finds it impossible or impractical to obtain a valid
73	registration certificate must submit an affidavit detailing the
74	reasons for the impossibility or impracticality. The reasons may
75	include, but are not limited to, the fact that the vehicle was
76	sold, stolen, or destroyed; that the state in which the vehicle
77	is registered does not issue a certificate of registration; or
78	that the vehicle is owned by another person.
79	2.  If a person who is cited for a violation of s. 322.03,
80	s. 322.065, or s. 322.15 can show a driver's license issued to
81	him or her and valid at the time of arrest, the clerk of the
82	court may dismiss the case and may assess a dismissal fee of up
83	to $7.50.
84	3.  If a person who is cited for a violation of s. 316.646
85	can show proof of security as required by s. 627.733, issued to
86	the person and valid at the time of arrest, the clerk of the
87	court may dismiss the case and may assess a dismissal fee of up
88	to $7.50. A person who finds it impossible or impractical to
89	obtain proof of security must submit an affidavit detailing the
90	reasons for the impracticality. The reasons may include, but are
91	not limited to, the fact that the vehicle has since been sold,
92	stolen, or destroyed; that the owner or registrant of the
93	vehicle is not required by s. 627.733 to maintain personal
94	injury protection insurance; or that the vehicle is owned by
95	another person.
96	(c)  For all violations of ss. 316.2935 and 316.610.
97	However, for a violation of s. 316.2935 or s. 316.610, if the
98	person committing the violation corrects the defect and obtains
99	proof of such timely repair by an affidavit of compliance
100	executed by the law enforcement agency within 30 days from the
101	date upon which the traffic citation was issued, and pays $4 to
102	the law enforcement agency, thereby completing the affidavit of
103	compliance, then upon presentation of said affidavit by the
104	defendant to the clerk within the 30-day time period set forth
105	under s. 318.14(4), the fine must be reduced to $7.50, which the
106	clerk of the court shall retain.
107	(d)  For all violations of s. 316.126(1)(b), unless
108	otherwise specified.
109	(3)(a)  Except as otherwise provided in this section, $60
110	for all moving violations not requiring a mandatory appearance.
111	(b)  For moving violations involving unlawful speed, the
112	fines are as follows:
113
114	For speed exceeding the limit by:     Fine:
115	1-5 m.p.h.     Warning
116	6-9 m.p.h.     $ 25
117	10-14 m.p.h.     $100
118	15-19 m.p.h.     $125
119	20-29 m.p.h.     $150
120	30 m.p.h. and above.     $250
121	(c)  Notwithstanding paragraph (b), a person cited for
122	exceeding the speed limit by up to 5 m.p.h. in a legally posted
123	school zone will be fined $50. A person exceeding the speed
124	limit in a school zone shall pay a fine double the amount listed
125	in paragraph (b).
126	(d)  A person cited for exceeding the speed limit in a
127	posted construction zone shall pay a fine double the amount
128	listed in paragraph (b). The fine shall be doubled for
129	construction zone violations only if construction personnel are
130	present or operating equipment on the road or immediately
131	adjacent to the road under construction.
132	(e)  If a violation of s. 316.1301 or s. 316.1303 results
133	in an injury to the pedestrian or damage to the property of the
134	pedestrian, an additional fine of up to $250 shall be paid. This
135	amount must be distributed pursuant to s. 318.21.
136	(f)  A person cited for exceeding the speed limit within a
137	zone posted for any electronic or manual toll collection
138	facility shall pay a fine double the amount listed in paragraph
139	(b). However, no person cited for exceeding the speed limit in
140	any toll collection zone shall be subject to a doubled fine
141	unless the governmental entity or authority controlling the toll
142	collection zone first installs a traffic control device
143	providing warning that speeding fines are doubled. Any such
144	traffic control device must meet the requirements of the uniform
145	system of traffic control devices.
146	(4)  The penalty imposed under s. 316.545 shall be
147	determined by the officer in accordance with the provisions of
148	ss. 316.535 and 316.545.
149	(5)(a)  One hundred dollars for a violation of s.
150	316.172(1)(a), failure to stop for a school bus. If, at a
151	hearing, the alleged offender is found to have committed this
152	offense, the court shall impose a minimum civil penalty of $100.
153	In addition to this penalty, for a second or subsequent offense
154	within a period of 5 years, the department shall suspend the
155	driver's license of the person for not less than 90 days and not
156	more than 6 months.
157	(b)  Two hundred dollars for a violation of s.
158	316.172(1)(b), passing a school bus on the side that children
159	enter and exit when the school bus displays a stop signal. If,
160	at a hearing, the alleged offender is found to have committed
161	this offense, the court shall impose a minimum civil penalty of
162	$200. In addition to this penalty, for a second or subsequent
163	offense within a period of 5 years, the department shall suspend
164	the driver's license of the person for not less than 180 days
165	and not more than 1 year.
166	(6)  One hundred dollars or the fine amount designated by
167	county ordinance, plus court costs for illegally parking, under
168	s. 316.1955, in a parking space provided for people who have
169	disabilities. However, this fine will be waived if a person
170	provides to the law enforcement agency that issued the citation
171	for such a violation proof that the person committing the
172	violation has a valid parking permit or license plate issued
173	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
174	or s. 320.0848 or a signed affidavit that the owner of the
175	disabled parking permit or license plate was present at the time
176	the violation occurred, and that such a parking permit or
177	license plate was valid at the time the violation occurred. The
178	law enforcement officer, upon determining that all required
179	documentation has been submitted verifying that the required
180	parking permit or license plate was valid at the time of the
181	violation, must sign an affidavit of compliance. Upon provision
182	of the affidavit of compliance and payment of a dismissal fee of
183	up to $7.50 to the clerk of the circuit court, the clerk shall
184	dismiss the citation.
185	(7)  One hundred dollars for a violation of s. 316.1001.
186	However, a person may elect to pay $30 to the clerk of the
187	court, in which case adjudication is withheld, and no points are
188	assessed under s. 322.27. Upon receipt of the fine, the clerk of
189	the court must retain $5 for administrative purposes and must
190	forward the $25 to the governmental entity that issued the
191	citation. Any funds received by a governmental entity for this
192	violation may be used for any lawful purpose related to the
193	operation or maintenance of a toll facility.
194	(8)(a)  Any person who fails to comply with the court's
195	requirements or who fails to pay the civil penalties specified
196	in this section within the 30-day period provided for in s.
197	318.14 must pay an additional civil penalty of $12, $2.50 of
198	which must be remitted to the Department of Revenue for deposit
199	in the General Revenue Fund, and $9.50 of which must be remitted
200	to the Department of Revenue for deposit in the Highway Safety
201	Operating Trust Fund. The department shall contract with the
202	Florida Association of Court Clerks, Inc., to design, establish,
203	operate, upgrade, and maintain an automated statewide Uniform
204	Traffic Citation Accounting System to be operated by the clerks
205	of the court which shall include, but not be limited to, the
206	accounting for traffic infractions by type, a record of the
207	disposition of the citations, and an accounting system for the
208	fines assessed and the subsequent fine amounts paid to the
209	clerks of the court. On or before December 1, 2001, the clerks
210	of the court must provide the information required by this
211	chapter to be transmitted to the department by electronic
212	transmission pursuant to the contract.
213	(b)  Any person who fails to comply with the court's
214	requirements as to civil penalties specified in this section due
215	to demonstrable financial hardship shall be authorized to
216	satisfy such civil penalties by public works or community
217	service. Each hour of such service shall be applied, at the rate
218	of the minimum wage, toward payment of the person's civil
219	penalties; provided, however, that if the person has a trade or
220	profession for which there is a community service need and
221	application, the rate for each hour of such service shall be the
222	average standard wage for such trade or profession. Any person
223	who fails to comply with the court's requirements as to such
224	civil penalties who does not demonstrate financial hardship may
225	also, at the discretion of the court, be authorized to satisfy
226	such civil penalties by public works or community service in the
227	same manner.
228	(c)  If the noncriminal infraction has caused or resulted
229	in the death of another, the person who committed the infraction
230	may perform 120 community service hours under s. 316.027(4), in
231	addition to any other penalties.
232	(9)  One hundred dollars for a violation of s. 316.1575.
233	(10)  Twenty-five dollars for a violation of s. 316.2074.
234	(11)(a)  In addition to the stated fine, court costs must
235	be paid in the following amounts and shall be deposited by the
236	clerk into the fine and forfeiture fund established pursuant to
237	s. 142.01:
238
239	For pedestrian infractions     $  3.
240	For nonmoving traffic infractions     $ 16.
241	For moving traffic infractions     $ 30.
242	(b)  In addition to the court cost required under paragraph
243	(a), up to $3 for each infraction shall be collected and
244	distributed by the clerk in those counties that have been
245	authorized to establish a criminal justice selection center or a
246	criminal justice access and assessment center pursuant to the
247	following special acts of the Legislature:
248	1.  Chapter 87-423, Laws of Florida, for Brevard County.
249	2.  Chapter 89-521, Laws of Florida, for Bay County.
250	3.  Chapter 94-444, Laws of Florida, for Alachua County.
251	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
252
253	Funds collected by the clerk pursuant to this paragraph shall be
254	distributed to the centers authorized by those special acts.
255	(c)  In addition to the court cost required under paragraph
256	(a), a $2.50 court cost must be paid for each infraction to be
257	distributed by the clerk to the county to help pay for criminal
258	justice education and training programs pursuant to s. 938.15.
259	Funds from the distribution to the county not directed by the
260	county to fund these centers or programs shall be retained by
261	the clerk and used for funding the court-related services of the
262	clerk.
263	(d)  In addition to the court cost required under paragraph
264	(a), a $3 court cost must be paid for each infraction to be
265	distributed as provided in s. 938.01 and a $2 court cost as
266	provided in s. 938.15 when assessed by a municipality or county.
267	(12)  One hundred dollars for a violation of s. 316.520(1)
268	or (2). If, at a hearing, the alleged offender is found to have
269	committed this offense, the court shall impose a minimum civil
270	penalty of $100. For a second or subsequent adjudication within
271	a period of 5 years, the department shall suspend the driver's
272	license of the person for not less than 180 days and not more
273	than 1 year.
274	(13)  In addition to any penalties imposed for noncriminal
275	traffic infractions pursuant to this chapter or imposed for
276	criminal violations listed in s. 318.17, a board of county
277	commissioners or any unit of local government which is
278	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	Constitution of 1968:
281	(a)  May impose by ordinance a surcharge of up to $15 for
282	any infraction or violation to fund state court facilities. The
283	court shall not waive this surcharge. Up to 25 percent of the
284	revenue from such surcharge may be used to support local law
285	libraries provided that the county or unit of local government
286	provides a level of service equal to that provided prior to July
287	1, 2004, which shall include the continuation of library
288	facilities located in or near the county courthouse or annexes.
289	(b)  That imposed increased fees or service charges by
290	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
291	purpose of securing payment of the principal and interest on
292	bonds issued by the county before July 1, 2003, to finance state
293	court facilities, may impose by ordinance a surcharge for any
294	infraction or violation for the exclusive purpose of securing
295	payment of the principal and interest on bonds issued by the
296	county before July 1, 2003, to fund state court facilities until
297	the date of stated maturity. The court shall not waive this
298	surcharge. Such surcharge may not exceed an amount per violation
299	calculated as the quotient of the maximum annual payment of the
300	principal and interest on the bonds as of July 1, 2003, divided
301	by the number of traffic citations for county fiscal year 2002-
302	2003 certified as paid by the clerk of the court of the county.
303	Such quotient shall be rounded up to the next highest dollar
304	amount. The bonds may be refunded only if savings will be
305	realized on payments of debt service and the refunding bonds are
306	scheduled to mature on the same date or before the bonds being
307	refunded.
308
309	A county may not impose both of the surcharges authorized under
310	paragraphs (a) and (b) concurrently. The clerk of court shall
311	report, no later than 30 days after the end of the quarter, the
312	amount of funds collected under this subsection during each
313	quarter of the fiscal year. The clerk shall submit the report,
314	in a format developed by the Office of State Courts
315	Administrator, to the chief judge of the circuit, the Governor,
316	the President of the Senate, and the Speaker of the House of
317	Representatives.
318	(14)  In addition to any penalties imposed for noncriminal
319	traffic infractions under this chapter or imposed for criminal
320	violations listed in s. 318.17, any unit of local government
321	that is consolidated as provided by s. 9, Art. VIII of the State
322	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
323	State Constitution of 1968, and that is granted the authority in
324	the State Constitution to exercise all the powers of a municipal
325	corporation, and any unit of local government operating under a
326	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
327	VIII of the State Constitution of 1885, as preserved by s. 6(e),
328	Art. VIII of the State Constitution of 1968, that is granted the
329	authority in the State Constitution to exercise all the powers
330	conferred now or hereafter by general law upon municipalities,
331	may impose by ordinance a surcharge of up to $15 for any
332	infraction or violation. Revenue from the surcharge shall be
333	transferred to such unit of local government for the purpose of
334	replacing fine revenue deposited into the clerk's fine and
335	forfeiture fund under s. 142.01. The court may not waive this
336	surcharge. Proceeds from the imposition of the surcharge
337	authorized in this subsection shall not be used for the purpose
338	of securing payment of the principal and interest on bonds. This
339	subsection, and any surcharge imposed pursuant to this
340	subsection, shall stand repealed September 30, 2007.
341	(15)  One hundred twenty-five dollars for a violation of s.
342	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
343	stop at a traffic signal. Sixty dollars shall be distributed as
344	provided in s. 318.21, and the remaining $65 shall be remitted
345	to the Department of Revenue for deposit into the Administrative
346	Trust Fund of the Department of Health.
347	(16)  In addition to any penalties imposed, a surcharge of
348	$4 must be paid for all criminal offenses listed in s. 318.17
349	and for all noncriminal moving traffic violations under chapter
350	316. Revenue from the surcharge shall be remitted to the
351	Department of Revenue and deposited quarterly into the State
352	Agency Law Enforcement Radio System Trust Fund of the Department
353	of Management Services for the state agency law enforcement
354	radio system, as described in s. 282.1095.
355	Section 2.  Subsection (15) is added to section 318.21,
356	Florida Statutes, to read:
357	318.21  Disposition of civil penalties by county
358	courts.--All civil penalties received by a county court pursuant
359	to the provisions of this chapter shall be distributed and paid
360	monthly as follows:
361	(15)  Notwithstanding subsections (1) and (2), the proceeds
362	from the surcharge imposed under to s. 318.18(16) shall be
363	distributed as provided in that subsection.
364	Section 3.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.