CS for SB 12-A                                   First Engrossed
       
       
       
       
       
       
       
       
       200912Ae1
       
    1                        A bill to be entitled                      
    2         An act relating to the state judicial system; amending
    3         s. 318.14, F.S.; eliminating a percentage reduction in
    4         penalties for noncriminal traffic infractions which is
    5         provided for attending a basic driver improvement
    6         course; providing for the distribution of a specified
    7         portion of penalty revenues; amending s. 318.15, F.S.,
    8         to conform; amending s. 318.18, F.S.; increasing
    9         certain fines for speeding; creating an assessment to
   10         be paid for noncriminal moving and nonmoving traffic
   11         infractions; providing for distribution of the
   12         assessment; amending s. 318.21, F.S.; providing for
   13         the distribution of funds from certain penalties
   14         imposed for traffic infractions; amending s. 775.083,
   15         F.S.; providing for the distribution of certain
   16         criminal and noncriminal fines; defining the terms
   17         “convicted” and “conviction” for purposes of liability
   18         for payment of criminal and noncriminal fines;
   19         providing that a fine may be imposed for a
   20         determination of guilt from a trial or plea,
   21         regardless of whether adjudication is withheld;
   22         amending s. 948.01, F.S.; providing that the
   23         imposition of probation in certain nonfelony cases is
   24         discretionary rather than mandatory; authorizing the
   25         court to impose a fine without placing a nonfelony
   26         offender on probation; providing that certain revenues
   27         generated under the act may not be used to establish
   28         the budgets of clerks of the court; providing an
   29         effective date.
   30         
   31  Be It Enacted by the Legislature of the State of Florida:
   32         
   33         Section 1. Subsection (9) of section 318.14, Florida
   34  Statutes, is amended to read:
   35         318.14 Noncriminal traffic infractions; exception;
   36  procedures.—
   37         (9) Any person who does not hold a commercial driver's
   38  license and who is cited for an infraction under this section
   39  other than a violation of s. 316.183(2), s. 316.187, or s.
   40  316.189 when the driver exceeds the posted limit by 30 miles per
   41  hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
   42  s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
   43  appearance, elect to attend in the location of his or her choice
   44  within this state a basic driver improvement course approved by
   45  the Department of Highway Safety and Motor Vehicles. In such a
   46  case, adjudication must be withheld and; points, as provided by
   47  s. 322.27, may not be assessed.; and the civil penalty that is
   48  imposed by s. 318.18(3) must be reduced by 18 percent; However,
   49  a person may not make an election under this subsection if the
   50  person has made an election under this subsection in the
   51  preceding 12 months. A person may make no more than five
   52  elections within 10 years under this subsection. The requirement
   53  for community service under s. 318.18(8) is not waived by a plea
   54  of nolo contendere or by the withholding of adjudication of
   55  guilt by a court. If a person makes an election to attend a
   56  basic driver improvement course under this subsection, 18
   57  percent of the civil penalty imposed under s. 318.18(3) shall be
   58  deposited in the State Courts Revenue Trust Fund; however, that
   59  portion is not revenue for purposes of s. 28.36 and may not be
   60  used in establishing the budget of the clerk of the court under
   61  that section or s. 28.35.
   62         Section 2. Subsection (1) of section 318.15, Florida
   63  Statutes, is amended to read:
   64         318.15 Failure to comply with civil penalty or to appear;
   65  penalty.—
   66         (1)(a) If a person fails to comply with the civil penalties
   67  provided in s. 318.18 within the time period specified in s.
   68  318.14(4), fails to attend driver improvement school, or fails
   69  to appear at a scheduled hearing, the clerk of the court shall
   70  notify the Division of Driver Licenses of the Department of
   71  Highway Safety and Motor Vehicles of such failure within 10 days
   72  after such failure. Upon receipt of such notice, the department
   73  shall immediately issue an order suspending the driver's license
   74  and privilege to drive of such person effective 20 days after
   75  the date the order of suspension is mailed in accordance with s.
   76  322.251(1), (2), and (6). Any such suspension of the driving
   77  privilege which has not been reinstated, including a similar
   78  suspension imposed outside Florida, shall remain on the records
   79  of the department for a period of 7 years from the date imposed
   80  and shall be removed from the records after the expiration of 7
   81  years from the date it is imposed.
   82         (b) However, a person who elects to attend driver
   83  improvement school and has paid the civil penalty as provided in
   84  s. 318.14(9), but who subsequently fails to attend the driver
   85  improvement school within the time specified by the court shall
   86  be deemed to have admitted the infraction and shall be
   87  adjudicated guilty. In such a case in which there was an 18
   88  percent reduction pursuant to s. 318.14(9) as it existed prior
   89  to the effective date of this act, the person must pay the clerk
   90  of the court that amount the 18 percent deducted pursuant to s.
   91  318.14(9), and a processing fee of up to $18, after which no
   92  additional penalties, court costs, or surcharges shall be
   93  imposed for the violation. The clerk of the court shall notify
   94  the department of the person's failure to attend driver
   95  improvement school and points shall be assessed pursuant to s.
   96  322.27.
   97         Section 3. Subsection (3) of section 318.18, Florida
   98  Statutes, is amended, and subsection (19) is added to that
   99  section, to read:
  100         318.18 Amount of penalties.—The penalties required for a
  101  noncriminal disposition pursuant to s. 318.14 or a criminal
  102  offense listed in s. 318.17 are as follows:
  103         (3)(a) Except as otherwise provided in this section, $60
  104  for all moving violations not requiring a mandatory appearance.
  105         (b) For moving violations involving unlawful speed, the
  106  fines are as follows:
  107  For speed exceeding the limit by:                          Fine:
  108  1-5 m.p.h................................................Warning
  109  6-9 m.p.h....................................................$25
  110  10-14 m.p.h.................................................$100
  111  15-19 m.p.h............................................$150 $125
  112  20-29 m.p.h............................................$175 $150
  113  30 m.p.h. and above.........................................$250
  114         (c) Notwithstanding paragraph (b), a person cited for
  115  exceeding the speed limit by up to 5 m.p.h. in a legally posted
  116  school zone will be fined $50. A person exceeding the speed
  117  limit in a school zone shall pay a fine double the amount listed
  118  in paragraph (b).
  119         (d) A person cited for exceeding the speed limit in a
  120  posted construction zone, which posting must include
  121  notification of the speed limit and the doubling of fines, shall
  122  pay a fine double the amount listed in paragraph (b). The fine
  123  shall be doubled for construction zone violations only if
  124  construction personnel are present or operating equipment on the
  125  road or immediately adjacent to the road under construction.
  126         (e) A person cited for exceeding the speed limit in an
  127  enhanced penalty zone shall pay a fine amount of $50 plus the
  128  amount listed in paragraph (b). Notwithstanding paragraph (b), a
  129  person cited for exceeding the speed limit by up to 5 m.p.h. in
  130  a legally posted enhanced penalty zone shall pay a fine amount
  131  of $50.
  132         (f) If a violation of s. 316.1301 or s. 316.1303 results in
  133  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         (g) 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         (h) A person cited for a second or subsequent conviction of
  147  speed exceeding the limit by 30 miles per hour and above within
  148  a 12-month period shall pay a fine that is double the amount
  149  listed in paragraph (b). For purposes of this paragraph, the
  150  term “conviction” means a finding of guilt as a result of a jury
  151  verdict, nonjury trial, or entry of a plea of guilty. Moneys
  152  received from the increased fine imposed by this paragraph shall
  153  be remitted to the Department of Revenue and deposited into the
  154  Department of Health Administrative Trust Fund to provide
  155  financial support to certified trauma centers to assure the
  156  availability and accessibility of trauma services throughout the
  157  state. Funds deposited into the Administrative Trust Fund under
  158  this section shall be allocated as follows:
  159         1. Fifty percent shall be allocated equally among all Level
  160  I, Level II, and pediatric trauma centers in recognition of
  161  readiness costs for maintaining trauma services.
  162         2. Fifty percent shall be allocated among Level I, Level
  163  II, and pediatric trauma centers based on each center's relative
  164  volume of trauma cases as reported in the Department of Health
  165  Trauma Registry.
  166         (19)In addition to any penalties imposed, an Article V
  167  assessment of $10 must be paid for all noncriminal moving and
  168  nonmoving traffic violations under chapter 316. The assessment
  169  is not revenue for purposes of s. 28.36 and may not be used in
  170  establishing the budget of the clerk of the court under that
  171  section or s. 28.35. Of the funds collected under this
  172  subsection:
  173         (a)The sum of $5 shall be deposited in the State Courts
  174  Revenue Trust Fund for use by the state courts system;
  175         (b)The sum of $3.33 shall be deposited in the State
  176  Attorneys Revenue Trust Fund for use by the state attorneys; and
  177         (c)The sum of $1.67 shall be deposited in the Public
  178  Defenders Revenue Trust Fund for use by the public defenders.
  179         Section 4. Subsections (18), (19), and (20) are added to
  180  section 318.21, Florida Statutes, to read:
  181         318.21 Disposition of civil penalties by county courts.—All
  182  civil penalties received by a county court pursuant to the
  183  provisions of this chapter shall be distributed and paid monthly
  184  as follows:
  185         (18)Notwithstanding subsections (1) and (2), the proceeds
  186  from the administrative fee imposed under s. 318.18(18) shall be
  187  distributed as provided in that subsection.
  188         (19)Notwithstanding subsections (1) and (2), the proceeds
  189  from the Article V assessment imposed under s. 318.18(19) shall
  190  be distributed as provided in that subsection.
  191         (20)For fines assessed under s. 318.18(3) for unlawful
  192  speed, effective for violations occurring on or after the
  193  effective date of this act, the following amounts shall be
  194  remitted to the Department of Revenue for deposit in the State
  195  Courts Revenue Trust Fund; however, these amounts are not
  196  revenue for purposes of s. 28.36 and may not be used in
  197  establishing the budget of the clerk of the court under that
  198  section or s. 28.35:
  199  For speed exceeding the limit by:                          Fine:
  200  1-5 m.p.h..................................................$ .00
  201  6-9 m.p.h..................................................$ .00
  202  10-14 m.p.h................................................$ .00
  203  15-19 m.p.h..................................................$25
  204  20-29 m.p.h..................................................$25
  205  30 m.p.h. and above........................................$ .00
  206  The remaining amount shall be distributed pursuant to
  207  subsections (1) and (2).
  208         Section 5. Section 775.083, Florida Statutes, is amended to
  209  read:
  210         775.083 Fines.—
  211         (1) A person who has been convicted of an offense other
  212  than a capital felony may be sentenced to pay a fine in addition
  213  to any punishment described in s. 775.082; when specifically
  214  authorized by statute, he or she may be sentenced to pay a fine
  215  in lieu of any punishment described in s. 775.082. A person who
  216  has been convicted of a noncriminal violation may be sentenced
  217  to pay a fine. Fines for designated crimes and for noncriminal
  218  violations shall not exceed:
  219         (a) $15,000, when the conviction is of a life felony.
  220         (b) $10,000, when the conviction is of a felony of the
  221  first or second degree.
  222         (c) $5,000, when the conviction is of a felony of the third
  223  degree.
  224         (d) $1,000, when the conviction is of a misdemeanor of the
  225  first degree.
  226         (e) $500, when the conviction is of a misdemeanor of the
  227  second degree or a noncriminal violation.
  228         (f) Any higher amount equal to double the pecuniary gain
  229  derived from the offense by the offender or double the pecuniary
  230  loss suffered by the victim.
  231         (g) Any higher amount specifically authorized by statute.
  232  Fines imposed in this subsection shall be deposited by the clerk
  233  of the court in the fine and forfeiture fund established
  234  pursuant to s. 142.01, except that fines imposed when
  235  adjudication is withheld shall be deposited in the State Courts
  236  Revenue Trust Fund, and such fines imposed when adjudication is
  237  withheld are not revenue for purposes of s. 28.36 and may not be
  238  used in establishing the budget of the clerk of the court under
  239  that section or s. 28.35. If a defendant is unable to pay a
  240  fine, the court may defer payment of the fine to a date certain.
  241  As used in this subsection, the term “convicted” or “conviction”
  242  means a determination of guilt which is the result of a trial or
  243  the entry of a plea of guilty or nolo contendere, regardless of
  244  whether adjudication is withheld.
  245         (2) In addition to the fines set forth in subsection (1),
  246  court costs shall be assessed and collected in each instance a
  247  defendant pleads nolo contendere to, or is convicted of, or
  248  adjudicated delinquent for, a felony, a misdemeanor, or a
  249  criminal traffic offense under state law, or a violation of any
  250  municipal or county ordinance if the violation constitutes a
  251  misdemeanor under state law. The court costs imposed by this
  252  section shall be $50 for a felony and $20 for any other offense
  253  and shall be deposited by the clerk of the court into an
  254  appropriate county account for disbursement for the purposes
  255  provided in this subsection. A county shall account for the
  256  funds separately from other county funds as crime prevention
  257  funds. The county, in consultation with the sheriff, must expend
  258  such funds for crime prevention programs in the county,
  259  including safe neighborhood programs under ss. 163.501-163.523.
  260         (3) The purpose of this section is to provide uniform
  261  penalty authorization for criminal offenses and, to this end, a
  262  reference to this section constitutes a general reference under
  263  the doctrine of incorporation by reference.
  264         Section 6. Subsection (2) of section 948.01, Florida
  265  Statutes, is amended to read:
  266         948.01 When court may place defendant on probation or into
  267  community control.—
  268         (2) If it appears to the court upon a hearing of the matter
  269  that the defendant is not likely again to engage in a criminal
  270  course of conduct and that the ends of justice and the welfare
  271  of society do not require that the defendant presently suffer
  272  the penalty imposed by law, the court, in its discretion, may
  273  either adjudge the defendant to be guilty or stay and withhold
  274  the adjudication of guilt.; and, In either case, the court it
  275  shall stay and withhold the imposition of sentence upon the such
  276  defendant and shall place a felony the defendant upon probation.
  277  If the defendant is found guilty of a nonfelony offense as the
  278  result of a trial or entry of a plea of guilty or nolo
  279  contendere, regardless of whether adjudication is withheld, the
  280  court may place the defendant on probation. In addition to court
  281  costs and fees and notwithstanding any law to the contrary, the
  282  court may impose a fine authorized by law if the offender is a
  283  nonfelony offender who is not placed on probation. However, a no
  284  defendant who is placed on probation for a misdemeanor may not
  285  be placed under the supervision of the department unless the
  286  circuit court was the court of original jurisdiction.
  287         Section 7. This act shall take effect February 1, 2009, or
  288  upon becoming a law, whichever occurs later.