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The Committee on Transportation (Baker) recommended the following

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amendment to amendment (514012):

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     Senate Amendment (with title amendment)

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     Delete line(s) 33-55

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and insert:

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     Section 3.  Subsection (5) of section 318.14, Florida

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Statutes, is amended, and subsection (13) is added to that

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section, to read:

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     318.14  Noncriminal traffic infractions; exception;

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procedures.--

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     (5)  Any person electing to appear before the designated

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official or who is required so to appear shall be deemed to have

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waived his or her right to the civil penalty provisions of s.

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318.18. The official, after a hearing, shall make a determination

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as to whether an infraction has been committed. If the commission

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of an infraction has been proven, the official may impose a civil

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penalty not to exceed $500, except that in cases involving

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unlawful speed in a school zone or involving unlawful speed in a

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construction zone, the civil penalty may not exceed $1,000; or

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require attendance at a driver improvement school, or both. If

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the person is required to appear before the designated official

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pursuant to s. 318.19(1) and is found to have committed the

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infraction, the designated official shall impose a civil penalty

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of $1,000 in addition to any other penalties and the person's

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driver's license shall be suspended for 6 months. If the person

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is required to appear before the designated official pursuant to

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

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designated official shall impose a civil penalty of $500 in

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

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shall be suspended for 3 months. If the official determines that

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no infraction has been committed, no costs or penalties shall be

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imposed and any costs or penalties that have been paid shall be

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returned. Moneys received from the mandatory civil penalties

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imposed pursuant to this subsection upon persons required to

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appear before a designated official pursuant to s. 318.19(1) or

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(2) shall be remitted to the Department of Revenue and deposited

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into the Department of Health Administrative Trust Fund to

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provide financial support to certified trauma centers to assure

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the availability and accessibility of trauma services throughout

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the state. Funds deposited into the Administrative Trust Fund

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under this section shall be allocated as follows:

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     (a) Fifty percent shall be allocated equally among all

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

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readiness costs for maintaining trauma services.

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

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

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volume of trauma cases as reported in the Department of Health

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Trauma Registry.

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     (13)(a) A person cited for a violation of s. 316.1926

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shall, in addition to any other requirements in this section, pay

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a fine of $1,000. This fine is in lieu of the fine required under

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318.18(3)(b) if the person is cited for violation of 316.1926(2).

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     (b) A person cited for a second violation of 316.1926

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shall, in addition to any other requirements provided in this

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section, pay a fine of $2,500. This fine is in lieu of the fine

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required under s. 318.18(3)(b) if the person is cited for a

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violation of s. 316.1926(2). In addition, the court shall revoke

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the person's authorization and privilege to operate a motor

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vehicle for a period of 1 year and order the person to surrender

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his or her driver's license.

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     (c) A person cited for a third violation of s. 316.1926

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commits a felony of the third degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court

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shall seize the vehicle, which shall be subject to forfeiture

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under the Florida Contraband Forfeiture Act, revoke the person's

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authorization and privilege to operate a motor vehicle for a

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period of 10 years, and order the person to surrender his or her

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driver's license.

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     Section 4.  Section 318.19, Florida Statutes, is amended to

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read:

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     318.19  Infractions requiring a mandatory hearing.--Any

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person cited for the infractions listed in this section shall not

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have the provisions of s. 318.14(2), (4), and (9) available to

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him or her but must appear before the designated official at the

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time and location of the scheduled hearing:

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     (1) Any infraction which results in a crash that causes the

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death of another;

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

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"serious bodily injury" of another as defined in s. 316.1933(1);

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

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

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

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

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     Section 5.  Section 318.195, Florida Statutes, is created to

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read:

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     318.195 Enhanced penalties for moving violations involving

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death or serious bodily injury.--

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     (1) A person who is convicted of a moving violation that

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causes serious bodily injury to another, as defined in s

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316.1933, commits a misdemeanor of the second degree, punishable

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as provided in s. 775.082 or s. 775.083, shall pay a fine of not

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less than $500, shall serve a minimum term of imprisonment of 30

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days, and shall be required to attend a driver improvement

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course. In addition, the court shall revoke the driver's license

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of a person so convicted for a period of not less than 30 days.

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     (2) A person who is convicted of a moving violation that

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causes or contributes to causing the death of another person

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commits a misdemeanor of the first degree, punishable as provided

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in s. 775.082 or s. 775.083, shall pay a fine of not less than

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$1,000, shall serve a minimum term of imprisonment of 90 days,

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and shall be required in lieu of s. 322.0261 to attend an

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advanced driver improvement course. In addition, the court shall

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revoke the driver's license of a person so convicted for 1 year.

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     (3) This section does not prohibit the person from being

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charged with, convicted of, or punished for any other violation

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of law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 74, after the semicolon

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insert:

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deleting provisions relating to the disposition of funds

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received from certain civil penalties; amending s. 318.19,

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F.S.; conforming provisions relating to penalties for

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persons causing vehicular crashes involving death or

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serious bodily injury; creating s. 318.195, F.S.;

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providing enhanced penalties for persons convicted of

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moving violations that cause or contribute to the serious

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bodily injury or death of another person;

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3/31/2008  5:35:00 PM     596-06259-08