Florida Senate - 2009                      CS for CS for SB 1114
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Criminal Justice; and Senator Richter
       
       
       
       576-06089-09                                          20091114c2
    1                        A bill to be entitled                      
    2         An act relating to highway safety; amending s. 318.18,
    3         F.S.; providing an additional penalty for violations
    4         of provisions that require traffic to stop for a
    5         school bus, prohibit racing on highways, and prohibit
    6         reckless driving; providing for distribution of moneys
    7         collected; amending s. 318.21, F.S.; providing for
    8         distribution of specified civil penalties; amending s.
    9         322.0261, F.S.; requiring the Department of Highway
   10         Safety and Motor Vehicles to identify a person who has
   11         committed a first violation of specified provisions
   12         and require such person to complete a driver
   13         improvement course; providing for cancellation of
   14         license for failure to complete such course within a
   15         specified time period; amending s. 395.4036, F.S.;
   16         providing for distribution of funds to trauma centers;
   17         amending s. 316.193, F.S.; requiring a court to order
   18         a defendant, after a first conviction for driving
   19         under the influence, to participate in a minimum of 50
   20         hours of community service as a condition of
   21         probation; authorizing a court to impose a specified
   22         fine under certain conditions; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (5) of section 318.18, Florida
   28  Statutes, is amended, and subsection (19) is added to that
   29  section, to read:
   30         318.18 Amount of penalties.—The penalties required for a
   31  noncriminal disposition pursuant to s. 318.14 or a criminal
   32  offense listed in s. 318.17 are as follows:
   33         (5)(a) One hundred dollars for a violation of s.
   34  316.172(1)(a), failure to stop for a school bus. If, at a
   35  hearing, the alleged offender is found to have committed this
   36  offense, the court shall impose a minimum civil penalty of $100.
   37  In addition to this penalty, for a second or subsequent offense
   38  within a period of 5 years, the department shall suspend the
   39  driver’s license of the person for not less than 90 days and not
   40  more than 6 months.
   41         (b) Two hundred dollars for a violation of s.
   42  316.172(1)(b), passing a school bus on the side that children
   43  enter and exit when the school bus displays a stop signal. If,
   44  at a hearing, the alleged offender is found to have committed
   45  this offense, the court shall impose a minimum civil penalty of
   46  $200. In addition to this penalty, for a second or subsequent
   47  offense within a period of 5 years, the department shall suspend
   48  the driver’s license of the person for not less than 180 days
   49  and not more than 1 year.
   50         (c)In addition to the penalty under paragraph (a) or
   51  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
   52  If the alleged offender is found to have committed the offense,
   53  the court shall impose the civil penalty under paragraph (a) or
   54  paragraph (b) plus an additional $65. The additional $65
   55  collected under this paragraph shall be remitted to the
   56  Department of Revenue for deposit into the Administrative Trust
   57  Fund of the Department of Health to be used as provided in s.
   58  395.4036.
   59         (19)In addition to any other penalty, $65 for a violation
   60  of s. 316.191, prohibiting racing on highways, or s. 316.192,
   61  prohibiting reckless driving. The additional $65 collected under
   62  this subsection shall be remitted to the Department of Revenue
   63  for deposit into the Administrative Trust Fund of the Department
   64  of Health to be used as provided in s. 395.4036.
   65         Section 2. Subsection (18) is added to section 318.21,
   66  Florida Statutes, to read:
   67         318.21 Disposition of civil penalties by county courts.—All
   68  civil penalties received by a county court pursuant to the
   69  provisions of this chapter shall be distributed and paid monthly
   70  as follows:
   71         (18)Notwithstanding subsections (1) and (2), the proceeds
   72  from the additional penalties imposed pursuant to s.
   73  318.18(5)(c) and (19) shall be distributed as provided in that
   74  section.
   75         Section 3. Subsection (3) of section 322.0261, Florida
   76  Statutes, is amended to read:
   77         322.0261 Driver improvement course; requirement to maintain
   78  driving privileges; failure to complete; department approval of
   79  course.—
   80         (3) The department shall identify any operator convicted
   81  of, or who pleaded nolo contendere to, a first second violation
   82  of s. 316.074(1), or s. 316.075(1)(c)1., s. 316.172, s. 316.191,
   83  or s. 316.192, which violation occurred within 12 months after
   84  the first violation, and shall require that operator, in
   85  addition to other applicable penalties, to attend a department
   86  approved driver improvement course in order to maintain driving
   87  privileges. If the operator fails to complete the course within
   88  90 days after receiving notice from the department, the
   89  operator’s driver license shall be canceled by the department
   90  until the course is successfully completed.
   91         Section 4. Section 395.4036, Florida Statutes, is amended
   92  to read:
   93         395.4036 Trauma payments.—
   94         (1) Recognizing the Legislature’s stated intent to provide
   95  financial support to the current verified trauma centers and to
   96  provide incentives for the establishment of additional trauma
   97  centers as part of a system of state-sponsored trauma centers,
   98  the department shall utilize funds collected under s. 318.18(15)
   99  and deposited into the Administrative Trust Fund of the
  100  department to ensure the availability and accessibility of
  101  trauma services throughout the state as provided in this
  102  subsection.
  103         (a)Funds collected under s. 318.18(15) shall be
  104  distributed as follows:
  105         1.(a) Twenty percent of the total funds collected under
  106  this subsection during the state fiscal year shall be
  107  distributed to verified trauma centers that have a local funding
  108  contribution as of December 31. Distribution of funds under this
  109  subparagraph paragraph shall be based on trauma caseload volume
  110  for the most recent calendar year available.
  111         2.(b) Forty percent of the total funds collected under this
  112  subsection shall be distributed to verified trauma centers based
  113  on trauma caseload volume for the most recent calendar year
  114  available. The determination of caseload volume for distribution
  115  of funds under this subparagraph paragraph shall be based on the
  116  department’s Trauma Registry data.
  117         3.(c) Forty percent of the total funds collected under this
  118  subsection shall be distributed to verified trauma centers based
  119  on severity of trauma patients for the most recent calendar year
  120  available. The determination of severity for distribution of
  121  funds under this subparagraph paragraph shall be based on the
  122  department’s International Classification Injury Severity Scores
  123  or another statistically valid and scientifically accepted
  124  method of stratifying a trauma patient’s severity of injury,
  125  risk of mortality, and resource consumption as adopted by the
  126  department by rule, weighted based on the costs associated with
  127  and incurred by the trauma center in treating trauma patients.
  128  The weighting of scores shall be established by the department
  129  by rule.
  130         (b)Funds collected under s. 318.18(5)(c) and (19) shall be
  131  distributed as follows:
  132         1.Thirty percent of the total funds collected shall be
  133  distributed to Level II trauma centers operated by a public
  134  hospital governed by an elected board of directors as of
  135  December 31, 2008.
  136         2.Thirty-five percent of the total funds collected shall
  137  be distributed to verified trauma centers based on trauma
  138  caseload volume for the most recent calendar year available. The
  139  determination of caseload volume for distribution of funds under
  140  this subparagraph shall be based on the department’s Trauma
  141  Registry data.
  142         3.Thirty-five percent of the total funds collected shall
  143  be distributed to verified trauma centers based on severity of
  144  trauma patients for the most recent calendar year available. The
  145  determination of severity for distribution of funds under this
  146  subparagraph shall be based on the department’s International
  147  Classification Injury Severity Scores or another statistically
  148  valid and scientifically accepted method of stratifying a trauma
  149  patient’s severity of injury, risk of mortality, and resource
  150  consumption as adopted by the department by rule, weighted based
  151  on the costs associated with and incurred by the trauma center
  152  in treating trauma patients. The weighting of scores shall be
  153  established by the department by rule.
  154         (2) Funds deposited in the department’s Administrative
  155  Trust Fund for verified trauma centers may be used to maximize
  156  the receipt of federal funds that may be available for such
  157  trauma centers. Notwithstanding this section and s. 318.14,
  158  distributions to trauma centers may be adjusted in a manner to
  159  ensure that total payments to trauma centers represent the same
  160  proportional allocation as set forth in this section and s.
  161  318.14. For purposes of this section and s. 318.14, total funds
  162  distributed to trauma centers may include revenue from the
  163  Administrative Trust Fund and federal funds for which revenue
  164  from the Administrative Trust Fund is used to meet state or
  165  local matching requirements. Funds collected under ss. 318.14
  166  and 318.18(15) and deposited in the Administrative Trust Fund of
  167  the department shall be distributed to trauma centers on a
  168  quarterly basis using the most recent calendar year data
  169  available. Such data shall not be used for more than four
  170  quarterly distributions unless there are extenuating
  171  circumstances as determined by the department, in which case the
  172  most recent calendar year data available shall continue to be
  173  used and appropriate adjustments shall be made as soon as the
  174  more recent data becomes available.
  175         (3)(2)(a) Any trauma center not subject to audit pursuant
  176  to s. 215.97 shall annually attest, under penalties of perjury,
  177  that such proceeds were used in compliance with law. The annual
  178  attestation shall be made in a form and format determined by the
  179  department. The annual attestation shall be submitted to the
  180  department for review within 9 months after the end of the
  181  organization’s fiscal year.
  182         (b) Any trauma center subject to audit pursuant to s.
  183  215.97 shall submit an audit report in accordance with rules
  184  adopted by the Auditor General.
  185         (4)(3) The department, working with the Agency for Health
  186  Care Administration, shall maximize resources for trauma
  187  services wherever possible.
  188         Section 5. Paragraph (a) of subsection (6) of section
  189  316.193, Florida Statutes, is amended to read:
  190         316.193 Driving under the influence; penalties.—
  191         (6) With respect to any person convicted of a violation of
  192  subsection (1), regardless of any penalty imposed pursuant to
  193  subsection (2), subsection (3), or subsection (4):
  194         (a) For the first conviction, the court shall place the
  195  defendant on probation for a period not to exceed 1 year and, as
  196  a condition of such probation, shall order the defendant to
  197  participate in public service or a community work project for a
  198  minimum of 50 hours.; or The court may order a instead, that any
  199  defendant to pay a an additional fine of $10 for each hour of
  200  public service or community work otherwise required only, if the
  201  court finds that, after consideration of the residence or
  202  location of the defendant at the time public service or
  203  community work is required or the defendant’s employment
  204  obligations would create an undue hardship for the defendant,
  205  payment of the fine is in the best interests of the state.
  206  However, the total period of probation and incarceration may not
  207  exceed 1 year. The court must also, as a condition of probation,
  208  order the impoundment or immobilization of the vehicle that was
  209  operated by or in the actual control of the defendant or any one
  210  vehicle registered in the defendant’s name at the time of
  211  impoundment or immobilization, for a period of 10 days or for
  212  the unexpired term of any lease or rental agreement that expires
  213  within 10 days. The impoundment or immobilization must not occur
  214  concurrently with the incarceration of the defendant. The
  215  impoundment or immobilization order may be dismissed in
  216  accordance with paragraph (e), paragraph (f), paragraph (g), or
  217  paragraph (h).
  218  
  219  For the purposes of this section, any conviction for a violation
  220  of s. 327.35; a previous conviction for the violation of former
  221  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  222  previous conviction outside this state for driving under the
  223  influence, driving while intoxicated, driving with an unlawful
  224  blood-alcohol level, driving with an unlawful breath-alcohol
  225  level, or any other similar alcohol-related or drug-related
  226  traffic offense, is also considered a previous conviction for
  227  violation of this section. However, in satisfaction of the fine
  228  imposed pursuant to this section, the court may, upon a finding
  229  that the defendant is financially unable to pay either all or
  230  part of the fine, order that the defendant participate for a
  231  specified additional period of time in public service or a
  232  community work project in lieu of payment of that portion of the
  233  fine which the court determines the defendant is unable to pay.
  234  In determining such additional sentence, the court shall
  235  consider the amount of the unpaid portion of the fine and the
  236  reasonable value of the services to be ordered; however, the
  237  court may not compute the reasonable value of services at a rate
  238  less than the federal minimum wage at the time of sentencing.
  239         Section 6. This act shall take effect October 1, 2009.