CS/CS/HB 481

1
A bill to be entitled
2An act relating to highway safety; amending s. 318.18,
3F.S.; providing an additional penalty for violations of
4provisions that require traffic to stop for a school bus,
5prohibit racing on highways, and prohibit reckless
6driving; providing for distribution of moneys collected;
7amending s. 318.21, F.S.; providing for distribution of
8specified civil penalties; amending s. 322.0261, F.S.;
9requiring the Department of Highway Safety and Motor
10Vehicles to identify a person who has committed a
11violation of specified provisions and require such person
12to complete a driver improvement course; providing for
13cancellation of license for failure to complete such
14course within a specified time period; amending s.
15395.4036, F.S.; providing for distribution of funds to
16trauma centers; amending s. 316.193, F.S.; requiring a
17court to order a defendant, after a first conviction for
18driving under the influence, to participate in a minimum
19of 50 hours of community service as a condition of
20probation; authorizing a court to impose a specified fine
21under certain conditions; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (5) of section 318.18, Florida
26Statutes, is amended, and subsection (19) is added to that
27section, to read:
28     318.18  Amount of penalties.--The penalties required for a
29noncriminal disposition pursuant to s. 318.14 or a criminal
30offense listed in s. 318.17 are as follows:
31     (5)(a)  One hundred dollars for a violation of s.
32316.172(1)(a), failure to stop for a school bus. If, at a
33hearing, the alleged offender is found to have committed this
34offense, the court shall impose a minimum civil penalty of $100.
35In addition to this penalty, for a second or subsequent offense
36within a period of 5 years, the department shall suspend the
37driver's license of the person for not less than 90 days and not
38more than 6 months.
39     (b)  Two hundred dollars for a violation of s.
40316.172(1)(b), passing a school bus on the side that children
41enter and exit when the school bus displays a stop signal. If,
42at a hearing, the alleged offender is found to have committed
43this offense, the court shall impose a minimum civil penalty of
44$200. In addition to this penalty, for a second or subsequent
45offense within a period of 5 years, the department shall suspend
46the driver's license of the person for not less than 180 days
47and not more than 1 year.
48     (c)  In addition to the penalty under paragraph (a) or
49paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
50If the alleged offender is found to have committed the offense,
51the court shall impose the civil penalty under paragraph (a) or
52paragraph (b) plus an additional $65. The additional $65
53collected under this paragraph shall be remitted to the
54Department of Revenue for deposit into the Administrative Trust
55Fund of the Department of Health to be used as provided in s.
56395.4036.
57     (19)  In addition to any other penalty, $65 for a violation
58of s. 316.191, prohibiting racing on highways, or s. 316.192,
59prohibiting reckless driving. The additional $65 collected under
60this subsection shall be remitted to the Department of Revenue
61for deposit into the Administrative Trust Fund of the Department
62of Health to be used as provided in s. 395.4036.
63     Section 2.  Subsection (18) is added to section 318.21,
64Florida Statutes, to read:
65     318.21  Disposition of civil penalties by county
66courts.--All civil penalties received by a county court pursuant
67to the provisions of this chapter shall be distributed and paid
68monthly as follows:
69     (18)  Notwithstanding subsections (1) and (2), the proceeds
70from the additional penalties imposed pursuant to s.
71318.18(5)(c) and (19) shall be distributed as provided in that
72section.
73     Section 3.  Subsection (3) of section 322.0261, Florida
74Statutes, is amended to read:
75     322.0261  Driver improvement course; requirement to
76maintain driving privileges; failure to complete; department
77approval of course.--
78     (3)  The department shall identify any operator convicted
79of, or who pleaded nolo contendere to, a second violation of s.
80316.074(1), or s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
81316.192 which violation occurred within 12 months after the
82first violation, and shall require that operator, in addition to
83other applicable penalties, to attend a department-approved
84driver improvement course in order to maintain driving
85privileges. If the operator fails to complete the course within
8690 days after receiving notice from the department, the
87operator's driver license shall be canceled by the department
88until the course is successfully completed.
89     Section 4.  Section 395.4036, Florida Statutes, is amended
90to read:
91     395.4036  Trauma payments.--
92     (1)  Recognizing the Legislature's stated intent to provide
93financial support to the current verified trauma centers and to
94provide incentives for the establishment of additional trauma
95centers as part of a system of state-sponsored trauma centers,
96the department shall utilize funds collected under s. 318.18(15)
97and deposited into the Administrative Trust Fund of the
98department to ensure the availability and accessibility of
99trauma services throughout the state as provided in this
100subsection.
101     (a)  Funds collected under s. 318.18(15) shall be
102distributed as follows:
103     1.(a)  Twenty percent of the total funds collected under
104this subsection during the state fiscal year shall be
105distributed to verified trauma centers that have a local funding
106contribution as of December 31. Distribution of funds under this
107subparagraph paragraph shall be based on trauma caseload volume
108for the most recent calendar year available.
109     2.(b)  Forty percent of the total funds collected under
110this subsection shall be distributed to verified trauma centers
111based on trauma caseload volume for the most recent calendar
112year available. The determination of caseload volume for
113distribution of funds under this subparagraph paragraph shall be
114based on the department's Trauma Registry data.
115     3.(c)  Forty percent of the total funds collected under
116this subsection shall be distributed to verified trauma centers
117based on severity of trauma patients for the most recent
118calendar year available. The determination of severity for
119distribution of funds under this subparagraph paragraph shall be
120based on the department's International Classification Injury
121Severity Scores or another statistically valid and
122scientifically accepted method of stratifying a trauma patient's
123severity of injury, risk of mortality, and resource consumption
124as adopted by the department by rule, weighted based on the
125costs associated with and incurred by the trauma center in
126treating trauma patients. The weighting of scores shall be
127established by the department by rule.
128     (b)  Funds collected under s. 318.18(5)(c) and (19) shall
129be distributed as follows:
130     1.  Thirty percent of the total funds collected shall be
131distributed to Level II trauma centers operated by a public
132hospital governed by an elected board of directors as of
133December 31, 2008.
134     2.  Thirty-five percent of the total funds collected shall
135be distributed to verified trauma centers based on trauma
136caseload volume for the most recent calendar year available. The
137determination of caseload volume for distribution of funds under
138this subparagraph shall be based on the department's Trauma
139Registry data.
140     3.  Thirty-five percent of the total funds collected shall
141be distributed to verified trauma centers based on severity of
142trauma patients for the most recent calendar year available. The
143determination of severity for distribution of funds under this
144subparagraph shall be based on the department's International
145Classification Injury Severity Scores or another statistically
146valid and scientifically accepted method of stratifying a trauma
147patient's severity of injury, risk of mortality, and resource
148consumption as adopted by the department by rule, weighted based
149on the costs associated with and incurred by the trauma center
150in treating trauma patients. The weighting of scores shall be
151established by the department by rule.
152     (2)  Funds deposited in the department's Administrative
153Trust Fund for verified trauma centers may be used to maximize
154the receipt of federal funds that may be available for such
155trauma centers. Notwithstanding this section and s. 318.14,
156distributions to trauma centers may be adjusted in a manner to
157ensure that total payments to trauma centers represent the same
158proportional allocation as set forth in this section and s.
159318.14. For purposes of this section and s. 318.14, total funds
160distributed to trauma centers may include revenue from the
161Administrative Trust Fund and federal funds for which revenue
162from the Administrative Trust Fund is used to meet state or
163local matching requirements. Funds collected under ss. 318.14
164and 318.18(15) and deposited in the Administrative Trust Fund of
165the department shall be distributed to trauma centers on a
166quarterly basis using the most recent calendar year data
167available. Such data shall not be used for more than four
168quarterly distributions unless there are extenuating
169circumstances as determined by the department, in which case the
170most recent calendar year data available shall continue to be
171used and appropriate adjustments shall be made as soon as the
172more recent data becomes available.
173     (3)(2)(a)  Any trauma center not subject to audit pursuant
174to s. 215.97 shall annually attest, under penalties of perjury,
175that such proceeds were used in compliance with law. The annual
176attestation shall be made in a form and format determined by the
177department. The annual attestation shall be submitted to the
178department for review within 9 months after the end of the
179organization's fiscal year.
180     (b)  Any trauma center subject to audit pursuant to s.
181215.97 shall submit an audit report in accordance with rules
182adopted by the Auditor General.
183     (4)(3)  The department, working with the Agency for Health
184Care Administration, shall maximize resources for trauma
185services wherever possible.
186     Section 5.  Paragraph (a) of subsection (6) of section
187316.193, Florida Statutes, is amended to read:
188     316.193  Driving under the influence; penalties.--
189     (6)  With respect to any person convicted of a violation of
190subsection (1), regardless of any penalty imposed pursuant to
191subsection (2), subsection (3), or subsection (4):
192     (a)  For the first conviction, the court shall place the
193defendant on probation for a period not to exceed 1 year and, as
194a condition of such probation, shall order the defendant to
195participate in public service or a community work project for a
196minimum of 50 hours.; or The court may order a instead, that any
197defendant to pay a an additional fine of $10 for each hour of
198public service or community work otherwise required only, if the
199court finds that, after consideration of the residence or
200location of the defendant at the time public service or
201community work is required or the defendant's employment
202obligations would create an undue hardship for the defendant,
203payment of the fine is in the best interests of the state.
204However, the total period of probation and incarceration may not
205exceed 1 year. The court must also, as a condition of probation,
206order the impoundment or immobilization of the vehicle that was
207operated by or in the actual control of the defendant or any one
208vehicle registered in the defendant's name at the time of
209impoundment or immobilization, for a period of 10 days or for
210the unexpired term of any lease or rental agreement that expires
211within 10 days. The impoundment or immobilization must not occur
212concurrently with the incarceration of the defendant. The
213impoundment or immobilization order may be dismissed in
214accordance with paragraph (e), paragraph (f), paragraph (g), or
215paragraph (h).
216
217For the purposes of this section, any conviction for a violation
218of s. 327.35; a previous conviction for the violation of former
219s. 316.1931, former s. 860.01, or former s. 316.028; or a
220previous conviction outside this state for driving under the
221influence, driving while intoxicated, driving with an unlawful
222blood-alcohol level, driving with an unlawful breath-alcohol
223level, or any other similar alcohol-related or drug-related
224traffic offense, is also considered a previous conviction for
225violation of this section. However, in satisfaction of the fine
226imposed pursuant to this section, the court may, upon a finding
227that the defendant is financially unable to pay either all or
228part of the fine, order that the defendant participate for a
229specified additional period of time in public service or a
230community work project in lieu of payment of that portion of the
231fine which the court determines the defendant is unable to pay.
232In determining such additional sentence, the court shall
233consider the amount of the unpaid portion of the fine and the
234reasonable value of the services to be ordered; however, the
235court may not compute the reasonable value of services at a rate
236less than the federal minimum wage at the time of sentencing.
237     Section 6.  This act shall take effect October 1, 2009.


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