HB 5107A

1
A bill to be entitled
2An act relating to the state judicial system; amending s.
3318.14, F.S.; eliminating a percentage reduction in
4penalties for noncriminal traffic infractions provided for
5attending a basic driver improvement course; providing for
6the distribution of a specified portion of penalty
7revenues; amending s. 318.15, F.S.; conforming a provision
8to the elimination of the percentage deduction in s.
9318.14, F.S.; amending s. 318.18, F.S.; increasing certain
10fines for speeding; creating an assessment to be paid for
11noncriminal moving and nonmoving traffic infractions;
12providing for distribution of the assessment; amending s.
13318.21, F.S.; providing for the distribution of funds from
14certain penalties for traffic infractions; amending s.
15775.03, F.S.; providing for distribution of fines for
16certain violations; defining the terms "convicted" and
17"conviction" for purposes of liability for payment of
18criminal and noncriminal fines; amending s. 948.01, F.S.;
19providing that the imposition of probation in certain
20nonfelony cases is discretionary rather than mandatory;
21authorizing the court to impose a fine without placing a
22nonfelony offender on probation; providing an effective
23date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (9) of section 318.14, Florida
28Statutes, is amended to read:
29     318.14  Noncriminal traffic infractions; exception;
30procedures.--
31     (9)  Any person who does not hold a commercial driver's
32license and who is cited for an infraction under this section
33other than a violation of s. 316.183(2), s. 316.187, or s.
34316.189 when the driver exceeds the posted limit by 30 miles per
35hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
36s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
37appearance, elect to attend in the location of his or her choice
38within this state a basic driver improvement course approved by
39the Department of Highway Safety and Motor Vehicles. In such a
40case, adjudication must be withheld, and; points, as provided by
41s. 322.27, may not be assessed.; and the civil penalty that is
42imposed by s. 318.18(3) must be reduced by 18 percent; However,
43a person may not make an election under this subsection if the
44person has made an election under this subsection in the
45preceding 12 months. A person may make no more than five
46elections within 10 years under this subsection. The requirement
47for community service under s. 318.18(8) is not waived by a plea
48of nolo contendere or by the withholding of adjudication of
49guilt by a court. If a person makes an election to attend a
50basic driver improvement course under this subsection, 18
51percent of the civil penalty imposed under s. 318.18(3) shall be
52deposited in the Operating Trust Fund within the state courts
53system; however, that portion shall not be considered revenue
54under s. 28.36 and shall not be used in establishing the budget
55of the clerk of the court under that section or s. 28.35.
56     Section 2.  Paragraph (b) of subsection (1) of section
57318.15, Florida Statutes, is amended to read:
58     318.15  Failure to comply with civil penalty or to appear;
59penalty.--
60     (1)
61     (b)  However, a person who elects to attend driver
62improvement school and has paid the civil penalty as provided in
63s. 318.14(9), but who subsequently fails to attend the driver
64improvement school within the time specified by the court shall
65be deemed to have admitted the infraction and shall be
66adjudicated guilty. In such a case in which there was an 18-
67percent reduction pursuant to s. 318.14(9) as it existed prior
68to February 1, 2009, the person must pay the clerk of the court
69that amount the 18 percent deducted pursuant to s. 318.14(9),
70and a processing fee of up to $18, after which no additional
71penalties, court costs, or surcharges shall be imposed for the
72violation. The clerk of the court shall notify the department of
73the person's failure to attend driver improvement school and
74points shall be assessed pursuant to s. 322.27.
75     Section 3.  Subsection (3) of section 318.18, Florida
76Statutes, is amended, and subsection (19) is added to that
77section to read:
78     318.18  Amount of penalties.--The penalties required for a
79noncriminal disposition pursuant to s. 318.14 or a criminal
80offense listed in s. 318.17 are as follows:
81     (3)(a)  Except as otherwise provided in this section, $60
82for all moving violations not requiring a mandatory appearance.
83     (b)  For moving violations involving unlawful speed, the
84fines are as follows:
85
86For speed exceeding the limit by:     Fine:
871-5 m.p.h.      Warning
886-9 m.p.h.     $25
8910-14 m.p.h.     $100
9015-19 m.p.h.     $150 $125
9120-29 m.p.h.     $175 $150
9230 m.p.h. and above     $250
93     (c)  Notwithstanding paragraph (b), a person cited for
94exceeding the speed limit by up to 5 m.p.h. in a legally posted
95school zone will be fined $50. A person exceeding the speed
96limit in a school zone shall pay a fine double the amount listed
97in paragraph (b).
98     (d)  A person cited for exceeding the speed limit in a
99posted construction zone, which posting must include
100notification of the speed limit and the doubling of fines, shall
101pay a fine double the amount listed in paragraph (b). The fine
102shall be doubled for construction zone violations only if
103construction personnel are present or operating equipment on the
104road or immediately adjacent to the road under construction.
105     (e)  A person cited for exceeding the speed limit in an
106enhanced penalty zone shall pay a fine amount of $50 plus the
107amount listed in paragraph (b). Notwithstanding paragraph (b), a
108person cited for exceeding the speed limit by up to 5 m.p.h. in
109a legally posted enhanced penalty zone shall pay a fine amount
110of $50.
111     (f)  If a violation of s. 316.1301 or s. 316.1303 results
112in an injury to the pedestrian or damage to the property of the
113pedestrian, an additional fine of up to $250 shall be paid. This
114amount must be distributed pursuant to s. 318.21.
115     (g)  A person cited for exceeding the speed limit within a
116zone posted for any electronic or manual toll collection
117facility shall pay a fine double the amount listed in paragraph
118(b). However, no person cited for exceeding the speed limit in
119any toll collection zone shall be subject to a doubled fine
120unless the governmental entity or authority controlling the toll
121collection zone first installs a traffic control device
122providing warning that speeding fines are doubled. Any such
123traffic control device must meet the requirements of the uniform
124system of traffic control devices.
125     (h)  A person cited for a second or subsequent conviction
126of speed exceeding the limit by 30 miles per hour and above
127within a 12-month period shall pay a fine that is double the
128amount listed in paragraph (b). For purposes of this paragraph,
129the term "conviction" means a finding of guilt as a result of a
130jury verdict, nonjury trial, or entry of a plea of guilty.
131Moneys received from the increased fine imposed by this
132paragraph shall be remitted to the Department of Revenue and
133deposited into the Department of Health Administrative Trust
134Fund to provide financial support to certified trauma centers to
135assure the availability and accessibility of trauma services
136throughout the state. Funds deposited into the Administrative
137Trust Fund under this section shall be allocated as follows:
138     1.  Fifty percent shall be allocated equally among all
139Level I, Level II, and pediatric trauma centers in recognition
140of readiness costs for maintaining trauma services.
141     2.  Fifty percent shall be allocated among Level I, Level
142II, and pediatric trauma centers based on each center's relative
143volume of trauma cases as reported in the Department of Health
144Trauma Registry.
145     (19)  In addition to any penalties imposed, an Article V
146assessment of $10 must be paid for all noncriminal moving and
147nonmoving traffic violations under chapter 316. The assessment
148shall not be considered revenue under s. 28.36 and shall not be
149used in establishing the budget of the clerk of the court under
150that section or s. 28.35. Of each assessment collected under
151this subsection:
152     (a)  The amount of $5 shall be deposited in the Operating
153Trust Fund within the state courts system;
154     (b)  The amount of $3.33 shall be deposited in the Grants
155and Donations Trust Fund within the Justice Administrative
156Commission for use by the state attorneys; and
157     (c)  The amount of $1.67 shall be deposited in the Grants
158and Donations Trust Fund within the Justice Administrative
159Commission for use by the public defenders.
160     Section 4.  Subsections (18), (19), and (20) are added to
161section 318.21, Florida Statutes, to read:
162     318.21  Disposition of civil penalties by county
163courts.--All civil penalties received by a county court pursuant
164to the provisions of this chapter shall be distributed and paid
165monthly as follows:
166     (18)  Notwithstanding subsections (1) and (2), the proceeds
167from the administrative fee imposed under s. 318.18(18) shall be
168distributed as provided in that subsection.
169     (19)  Notwithstanding subsections (1) and (2), the proceeds
170from the Article V assessment imposed under s. 318.18(19) shall
171be distributed as provided in that subsection.
172     (20)  For fines assessed under s. 318.18(3) for unlawful
173speed, effective for violations occurring on or after February
1741, 2009, the following amounts must be remitted to the
175Department of Revenue for deposit in the Operating Trust Fund
176within the state courts system; however, these collections shall
177not be considered revenue under s. 28.36 and shall not be used
178in establishing the budget of the clerk of the court under that
179section or s. 28.35:
180
181For speed exceeding the limit by:     Fine:
1821-5 m.p.h.      $.00
1836-9 m.p.h.      $.00
18410-14 m.p.h.      $.00
18515-19 m.p.h.     $25.00
18620-29 m.p.h.     $25.00
18730 m.p.h. and above     $.00
188
189The remaining amount must be distributed pursuant to subsections
190(1) and (2).
191     Section 5.  Section 775.083, Florida Statutes, is amended
192to read:
193     775.083  Fines.--
194     (1)  A person who has been convicted of an offense other
195than a capital felony may be sentenced to pay a fine in addition
196to any punishment described in s. 775.082; when specifically
197authorized by statute, he or she may be sentenced to pay a fine
198in lieu of any punishment described in s. 775.082. A person who
199has been convicted of a noncriminal violation may be sentenced
200to pay a fine. Fines for designated crimes and for noncriminal
201violations shall not exceed:
202     (a)  $15,000, when the conviction is of a life felony.
203     (b)  $10,000, when the conviction is of a felony of the
204first or second degree.
205     (c)  $5,000, when the conviction is of a felony of the
206third degree.
207     (d)  $1,000, when the conviction is of a misdemeanor of the
208first degree.
209     (e)  $500, when the conviction is of a misdemeanor of the
210second degree or a noncriminal violation.
211     (f)  Any higher amount equal to double the pecuniary gain
212derived from the offense by the offender or double the pecuniary
213loss suffered by the victim.
214     (g)  Any higher amount specifically authorized by statute.
215
216Fines imposed in this subsection shall be deposited by the clerk
217of the court in the fine and forfeiture fund established
218pursuant to s. 142.01, except that fines imposed when
219adjudication is withheld shall be deposited in the Operating
220Trust Fund within the state courts system and shall not be
221considered revenue under s. 28.36 and shall not be used in
222establishing the budget of the clerk of the court under that
223section or s. 28.35. If a defendant is unable to pay a fine, the
224court may defer payment of the fine to a date certain. As used
225in this subsection, the term "convicted" or "conviction" means a
226determination of guilt that is the result of a trial or the
227entry of a plea of guilty or nolo contendere, regardless of
228whether adjudication is withheld.
229     (2)  In addition to the fines set forth in subsection (1),
230court costs shall be assessed and collected in each instance a
231defendant pleads nolo contendere to, or is convicted of, or
232adjudicated delinquent for, a felony, a misdemeanor, or a
233criminal traffic offense under state law, or a violation of any
234municipal or county ordinance if the violation constitutes a
235misdemeanor under state law. The court costs imposed by this
236section shall be $50 for a felony and $20 for any other offense
237and shall be deposited by the clerk of the court into an
238appropriate county account for disbursement for the purposes
239provided in this subsection. A county shall account for the
240funds separately from other county funds as crime prevention
241funds. The county, in consultation with the sheriff, must expend
242such funds for crime prevention programs in the county,
243including safe neighborhood programs under ss. 163.501-163.523.
244     (3)  The purpose of this section is to provide uniform
245penalty authorization for criminal offenses and, to this end, a
246reference to this section constitutes a general reference under
247the doctrine of incorporation by reference.
248     Section 6.  Subsection (2) of section 948.01, Florida
249Statutes, is amended to read:
250     948.01  When court may place defendant on probation or into
251community control.--
252     (2)  If it appears to the court upon a hearing of the
253matter that the defendant is not likely again to engage in a
254criminal course of conduct and that the ends of justice and the
255welfare of society do not require that the defendant presently
256suffer the penalty imposed by law, the court, in its discretion,
257may either adjudge the defendant to be guilty or stay and
258withhold the adjudication of guilt.; and, In either case, the
259court it shall stay and withhold the imposition of sentence upon
260the such defendant and shall place the defendant upon probation.
261If the defendant is determined guilty of a felony as the result
262of trial or the entry of a plea of guilty or nolo contendere,
263regardless of whether adjudication is withheld, the court shall
264place the defendant upon probation. If the defendant is
265determined guilty of a nonfelony offense as the result of trial
266or the entry of a plea of guilty or nolo contendere, regardless
267of whether adjudication is withheld, the court may place the
268defendant on probation. In the court's discretion, in addition
269to court costs and fees, a fine authorized by law may be imposed
270upon a nonfelony offender who has neither been adjudged guilty
271nor first placed on probation, notwithstanding any law to the
272contrary. However, no defendant placed on probation for a
273misdemeanor may be placed under the supervision of the
274department unless the circuit court was the court of original
275jurisdiction.
276     Section 7.  This act shall take effect February 1, 2009.


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