| 1 | Representative Adams offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. Subsection (9) of section 318.14, Florida |
| 7 | Statutes, is amended to read: |
| 8 | 318.14 Noncriminal traffic infractions; exception; |
| 9 | procedures.-- |
| 10 | (9) Any person who does not hold a commercial driver's |
| 11 | license and who is cited for an infraction under this section |
| 12 | other than a violation of s. 316.183(2), s. 316.187, or s. |
| 13 | 316.189 when the driver exceeds the posted limit by 30 miles per |
| 14 | hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, |
| 15 | s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court |
| 16 | appearance, elect to attend in the location of his or her choice |
| 17 | within this state a basic driver improvement course approved by |
| 18 | the Department of Highway Safety and Motor Vehicles. In such a |
| 19 | case, adjudication must be withheld, and; points, as provided by |
| 20 | s. 322.27, may not be assessed.; and the civil penalty that is |
| 21 | imposed by s. 318.18(3) must be reduced by 18 percent; However, |
| 22 | a person may not make an election under this subsection if the |
| 23 | person has made an election under this subsection in the |
| 24 | preceding 12 months. A person may make no more than five |
| 25 | elections within 10 years under this subsection. The requirement |
| 26 | for community service under s. 318.18(8) is not waived by a plea |
| 27 | of nolo contendere or by the withholding of adjudication of |
| 28 | guilt by a court. If a person makes an election to attend a |
| 29 | basic driver improvement course under this subsection, 18 |
| 30 | percent of the civil penalty imposed under s. 318.18(3) shall be |
| 31 | deposited in the Operating Trust Fund within the state courts |
| 32 | system; however, that portion shall not be considered revenue |
| 33 | under s. 28.36 and shall not be used in establishing the budget |
| 34 | of the clerk of the court under that section or s. 28.35. |
| 35 | Section 2. Paragraph (b) of subsection (1) of section |
| 36 | 318.15, Florida Statutes, is amended to read: |
| 37 | 318.15 Failure to comply with civil penalty or to appear; |
| 38 | penalty.-- |
| 39 | (1) |
| 40 | (b) However, a person who elects to attend driver |
| 41 | improvement school and has paid the civil penalty as provided in |
| 42 | s. 318.14(9), but who subsequently fails to attend the driver |
| 43 | improvement school within the time specified by the court shall |
| 44 | be deemed to have admitted the infraction and shall be |
| 45 | adjudicated guilty. In such a case in which there was an 18- |
| 46 | percent reduction pursuant to s. 318.14(9) as it existed prior |
| 47 | to February 1, 2009, the person must pay the clerk of the court |
| 48 | that amount the 18 percent deducted pursuant to s. 318.14(9), |
| 49 | and a processing fee of up to $18, after which no additional |
| 50 | penalties, court costs, or surcharges shall be imposed for the |
| 51 | violation. The clerk of the court shall notify the department of |
| 52 | the person's failure to attend driver improvement school and |
| 53 | points shall be assessed pursuant to s. 322.27. |
| 54 | Section 3. Subsection (3) of section 318.18, Florida |
| 55 | Statutes, is amended, and subsection (19) is added to that |
| 56 | section to read: |
| 57 | 318.18 Amount of penalties.--The penalties required for a |
| 58 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 59 | offense listed in s. 318.17 are as follows: |
| 60 | (3)(a) Except as otherwise provided in this section, $60 |
| 61 | for all moving violations not requiring a mandatory appearance. |
| 62 | (b) For moving violations involving unlawful speed, the |
| 63 | fines are as follows: |
| 64 |
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| 65 | For speed exceeding the limit by: Fine: |
| 66 | 1-5 m.p.h. Warning |
| 67 | 6-9 m.p.h. $25 |
| 68 | 10-14 m.p.h. $100 |
| 69 | 15-19 m.p.h. $150 $125 |
| 70 | 20-29 m.p.h. $175 $150 |
| 71 | 30 m.p.h. and above $250 |
| 72 | (c) Notwithstanding paragraph (b), a person cited for |
| 73 | exceeding the speed limit by up to 5 m.p.h. in a legally posted |
| 74 | school zone will be fined $50. A person exceeding the speed |
| 75 | limit in a school zone shall pay a fine double the amount listed |
| 76 | in paragraph (b). |
| 77 | (d) A person cited for exceeding the speed limit in a |
| 78 | posted construction zone, which posting must include |
| 79 | notification of the speed limit and the doubling of fines, shall |
| 80 | pay a fine double the amount listed in paragraph (b). The fine |
| 81 | shall be doubled for construction zone violations only if |
| 82 | construction personnel are present or operating equipment on the |
| 83 | road or immediately adjacent to the road under construction. |
| 84 | (e) A person cited for exceeding the speed limit in an |
| 85 | enhanced penalty zone shall pay a fine amount of $50 plus the |
| 86 | amount listed in paragraph (b). Notwithstanding paragraph (b), a |
| 87 | person cited for exceeding the speed limit by up to 5 m.p.h. in |
| 88 | a legally posted enhanced penalty zone shall pay a fine amount |
| 89 | of $50. |
| 90 | (f) If a violation of s. 316.1301 or s. 316.1303 results |
| 91 | in an injury to the pedestrian or damage to the property of the |
| 92 | pedestrian, an additional fine of up to $250 shall be paid. This |
| 93 | amount must be distributed pursuant to s. 318.21. |
| 94 | (g) A person cited for exceeding the speed limit within a |
| 95 | zone posted for any electronic or manual toll collection |
| 96 | facility shall pay a fine double the amount listed in paragraph |
| 97 | (b). However, no person cited for exceeding the speed limit in |
| 98 | any toll collection zone shall be subject to a doubled fine |
| 99 | unless the governmental entity or authority controlling the toll |
| 100 | collection zone first installs a traffic control device |
| 101 | providing warning that speeding fines are doubled. Any such |
| 102 | traffic control device must meet the requirements of the uniform |
| 103 | system of traffic control devices. |
| 104 | (h) A person cited for a second or subsequent conviction |
| 105 | of speed exceeding the limit by 30 miles per hour and above |
| 106 | within a 12-month period shall pay a fine that is double the |
| 107 | amount listed in paragraph (b). For purposes of this paragraph, |
| 108 | the term "conviction" means a finding of guilt as a result of a |
| 109 | jury verdict, nonjury trial, or entry of a plea of guilty. |
| 110 | Moneys received from the increased fine imposed by this |
| 111 | paragraph shall be remitted to the Department of Revenue and |
| 112 | deposited into the Department of Health Administrative Trust |
| 113 | Fund to provide financial support to certified trauma centers to |
| 114 | assure the availability and accessibility of trauma services |
| 115 | throughout the state. Funds deposited into the Administrative |
| 116 | Trust Fund under this section shall be allocated as follows: |
| 117 | 1. Fifty percent shall be allocated equally among all |
| 118 | Level I, Level II, and pediatric trauma centers in recognition |
| 119 | of readiness costs for maintaining trauma services. |
| 120 | 2. Fifty percent shall be allocated among Level I, Level |
| 121 | II, and pediatric trauma centers based on each center's relative |
| 122 | volume of trauma cases as reported in the Department of Health |
| 123 | Trauma Registry. |
| 124 | (19) In addition to any penalties imposed, an Article V |
| 125 | assessment of $10 must be paid for all noncriminal moving and |
| 126 | nonmoving traffic violations under chapter 316. The assessment |
| 127 | shall not be considered revenue under s. 28.36 and shall not be |
| 128 | used in establishing the budget of the clerk of the court under |
| 129 | that section or s. 28.35. Of each assessment collected under |
| 130 | this subsection: |
| 131 | (a) The amount of $5 shall be deposited in the Operating |
| 132 | Trust Fund within the state courts system; |
| 133 | (b) The amount of $3.33 shall be deposited in the Grants |
| 134 | and Donations Trust Fund within the Justice Administrative |
| 135 | Commission for use by the state attorneys; and |
| 136 | (c) The amount of $1.67 shall be deposited in the Grants |
| 137 | and Donations Trust Fund within the Justice Administrative |
| 138 | Commission for use by the public defenders. |
| 139 | Section 4. Subsections (18), (19), and (20) are added to |
| 140 | section 318.21, Florida Statutes, to read: |
| 141 | 318.21 Disposition of civil penalties by county |
| 142 | courts.--All civil penalties received by a county court pursuant |
| 143 | to the provisions of this chapter shall be distributed and paid |
| 144 | monthly as follows: |
| 145 | (18) Notwithstanding subsections (1) and (2), the proceeds |
| 146 | from the administrative fee imposed under s. 318.18(18) shall be |
| 147 | distributed as provided in that subsection. |
| 148 | (19) Notwithstanding subsections (1) and (2), the proceeds |
| 149 | from the Article V assessment imposed under s. 318.18(19) shall |
| 150 | be distributed as provided in that subsection. |
| 151 | (20) For fines assessed under s. 318.18(3) for unlawful |
| 152 | speed, effective for violations occurring on or after February |
| 153 | 1, 2009, the following amounts must be remitted to the |
| 154 | Department of Revenue for deposit in the Operating Trust Fund |
| 155 | within the state courts system; however, these collections shall |
| 156 | not be considered revenue under s. 28.36 and shall not be used |
| 157 | in establishing the budget of the clerk of the court under that |
| 158 | section or s. 28.35: |
| 159 | |
| 160 | For speed exceeding the limit by: Fine: |
| 161 | 1-5 m.p.h. $.00 |
| 162 | 6-9 m.p.h. $.00 |
| 163 | 10-14 m.p.h. $.00 |
| 164 | 15-19 m.p.h. $25.00 |
| 165 | 20-29 m.p.h. $25.00 |
| 166 | 30 m.p.h. and above $.00 |
| 167 | |
| 168 | The remaining amount must be distributed pursuant to subsections |
| 169 | (1) and (2). |
| 170 | Section 5. Section 775.083, Florida Statutes, is amended |
| 171 | to read: |
| 172 | 775.083 Fines.-- |
| 173 | (1) A person who has been convicted of an offense other |
| 174 | than a capital felony may be sentenced to pay a fine in addition |
| 175 | to any punishment described in s. 775.082; when specifically |
| 176 | authorized by statute, he or she may be sentenced to pay a fine |
| 177 | in lieu of any punishment described in s. 775.082. A person who |
| 178 | has been convicted of a noncriminal violation may be sentenced |
| 179 | to pay a fine. Fines for designated crimes and for noncriminal |
| 180 | violations shall not exceed: |
| 181 | (a) $15,000, when the conviction is of a life felony. |
| 182 | (b) $10,000, when the conviction is of a felony of the |
| 183 | first or second degree. |
| 184 | (c) $5,000, when the conviction is of a felony of the |
| 185 | third degree. |
| 186 | (d) $1,000, when the conviction is of a misdemeanor of the |
| 187 | first degree. |
| 188 | (e) $500, when the conviction is of a misdemeanor of the |
| 189 | second degree or a noncriminal violation. |
| 190 | (f) Any higher amount equal to double the pecuniary gain |
| 191 | derived from the offense by the offender or double the pecuniary |
| 192 | loss suffered by the victim. |
| 193 | (g) Any higher amount specifically authorized by statute. |
| 194 |
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| 195 | Fines imposed in this subsection shall be deposited by the clerk |
| 196 | of the court in the fine and forfeiture fund established |
| 197 | pursuant to s. 142.01, except that fines imposed when |
| 198 | adjudication is withheld shall be deposited in the Operating |
| 199 | Trust Fund within the state courts system and shall not be |
| 200 | considered revenue under s. 28.36 and shall not be used in |
| 201 | establishing the budget of the clerk of the court under that |
| 202 | section or s. 28.35. If a defendant is unable to pay a fine, the |
| 203 | court may defer payment of the fine to a date certain. As used |
| 204 | in this subsection, the term "convicted" or "conviction" means a |
| 205 | determination of guilt that is the result of a trial or the |
| 206 | entry of a plea of guilty or nolo contendere, regardless of |
| 207 | whether adjudication is withheld. |
| 208 | (2) In addition to the fines set forth in subsection (1), |
| 209 | court costs shall be assessed and collected in each instance a |
| 210 | defendant pleads nolo contendere to, or is convicted of, or |
| 211 | adjudicated delinquent for, a felony, a misdemeanor, or a |
| 212 | criminal traffic offense under state law, or a violation of any |
| 213 | municipal or county ordinance if the violation constitutes a |
| 214 | misdemeanor under state law. The court costs imposed by this |
| 215 | section shall be $50 for a felony and $20 for any other offense |
| 216 | and shall be deposited by the clerk of the court into an |
| 217 | appropriate county account for disbursement for the purposes |
| 218 | provided in this subsection. A county shall account for the |
| 219 | funds separately from other county funds as crime prevention |
| 220 | funds. The county, in consultation with the sheriff, must expend |
| 221 | such funds for crime prevention programs in the county, |
| 222 | including safe neighborhood programs under ss. 163.501-163.523. |
| 223 | (3) The purpose of this section is to provide uniform |
| 224 | penalty authorization for criminal offenses and, to this end, a |
| 225 | reference to this section constitutes a general reference under |
| 226 | the doctrine of incorporation by reference. |
| 227 | Section 6. Subsection (2) of section 948.01, Florida |
| 228 | Statutes, is amended to read: |
| 229 | 948.01 When court may place defendant on probation or into |
| 230 | community control.-- |
| 231 | (2) If it appears to the court upon a hearing of the |
| 232 | matter that the defendant is not likely again to engage in a |
| 233 | criminal course of conduct and that the ends of justice and the |
| 234 | welfare of society do not require that the defendant presently |
| 235 | suffer the penalty imposed by law, the court, in its discretion, |
| 236 | may either adjudge the defendant to be guilty or stay and |
| 237 | withhold the adjudication of guilt.; and, In either case, the |
| 238 | court it shall stay and withhold the imposition of sentence upon |
| 239 | the such defendant and shall place the defendant upon probation. |
| 240 | If the defendant is determined guilty of a felony as the result |
| 241 | of trial or the entry of a plea of guilty or nolo contendere, |
| 242 | regardless of whether adjudication is withheld, the court shall |
| 243 | place the defendant upon probation. If the defendant is |
| 244 | determined guilty of a nonfelony offense as the result of trial |
| 245 | or the entry of a plea of guilty or nolo contendere, regardless |
| 246 | of whether adjudication is withheld, the court may place the |
| 247 | defendant on probation. In the court's discretion, in addition |
| 248 | to court costs and fees, a fine authorized by law may be imposed |
| 249 | upon a nonfelony offender who has neither been adjudged guilty |
| 250 | nor first placed on probation, notwithstanding any law to the |
| 251 | contrary. However, no defendant placed on probation for a |
| 252 | misdemeanor may be placed under the supervision of the |
| 253 | department unless the circuit court was the court of original |
| 254 | jurisdiction. |
| 255 | Section 7. This act shall take effect February 1, 2009. |
| 256 |
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| 257 |
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| 258 | ----------------------------------------------------- |
| 259 | T I T L E A M E N D M E N T |
| 260 | Remove the entire title and insert: |
| 261 | A bill to be entitled |
| 262 | An act relating to the state judicial system; amending s. |
| 263 | 318.14, F.S.; eliminating a percentage reduction in |
| 264 | penalties for noncriminal traffic infractions provided for |
| 265 | attending a basic driver improvement course; providing for |
| 266 | the distribution of a specified portion of penalty |
| 267 | revenues; amending s. 318.15, F.S.; conforming a provision |
| 268 | to the elimination of the percentage deduction in s. |
| 269 | 318.14, F.S.; amending s. 318.18, F.S.; increasing certain |
| 270 | fines for speeding; creating an assessment to be paid for |
| 271 | noncriminal moving and nonmoving traffic infractions; |
| 272 | providing for distribution of the assessment; amending s. |
| 273 | 318.21, F.S.; providing for the distribution of funds from |
| 274 | certain penalties for traffic infractions; amending s. |
| 275 | 775.03, F.S.; providing for distribution of fines for |
| 276 | certain violations; defining the terms "convicted" and |
| 277 | "conviction" for purposes of liability for payment of |
| 278 | criminal and noncriminal fines; amending s. 948.01, F.S.; |
| 279 | providing that the imposition of probation in certain |
| 280 | nonfelony cases is discretionary rather than mandatory; |
| 281 | authorizing the court to impose a fine without placing a |
| 282 | nonfelony offender on probation; providing an effective |
| 283 | date. |