| 1 | A bill to be entitled |
| 2 | An act relating to penalties for violation of traffic |
| 3 | laws; amending s. 318.14, F.S.; providing for a person |
| 4 | charged with a noncriminal traffic infraction to make |
| 5 | periodic payments to pay civil penalties and fees; |
| 6 | directing the clerks of court to establish a system to |
| 7 | accept such periodic payments; requiring the system to |
| 8 | provide for adjustment of payments under certain |
| 9 | circumstances; providing that the designated official |
| 10 | hearing the case of a traffic law violation may withhold |
| 11 | adjudication and that such action is not a conviction; |
| 12 | amending s. 318.15, F.S.; providing for suspension of a |
| 13 | driver's license for failure to enter into or make |
| 14 | payments under a penalty payment plan; providing for |
| 15 | reinstatement of the suspended license; amending s. |
| 16 | 322.01, F.S.; providing that a judicial determination to |
| 17 | withhold adjudication for a violation of specified |
| 18 | provisions for driver licenses and identification cards is |
| 19 | not a conviction; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
|
| 23 | Section 1. Section 318.14, Florida Statutes, is amended to |
| 24 | read: |
| 25 | 318.14 Noncriminal traffic infractions; exception; |
| 26 | procedures.- |
| 27 | (1) Except as provided in ss. 318.17 and 320.07(3)(c), any |
| 28 | person cited for a violation of chapter 316, s. 320.0605, s. |
| 29 | 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or |
| 30 | (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with |
| 31 | a noncriminal infraction and must be cited for such an |
| 32 | infraction and cited to appear before an official. If another |
| 33 | person dies as a result of the noncriminal infraction, the |
| 34 | person cited may be required to perform 120 community service |
| 35 | hours under s. 316.027(4), in addition to any other penalties. |
| 36 | (2) Except as provided in s. 316.1001(2), any person cited |
| 37 | for an infraction under this section must sign and accept a |
| 38 | citation indicating a promise to appear. The officer may |
| 39 | indicate on the traffic citation the time and location of the |
| 40 | scheduled hearing and must indicate the applicable civil penalty |
| 41 | established in s. 318.18. |
| 42 | (3) Any person who willfully refuses to accept and sign a |
| 43 | summons is guilty of a misdemeanor of the second degree. |
| 44 | (4)(a) Except as provided in subsection (12), any person |
| 45 | charged with a noncriminal infraction under this section who |
| 46 | does not elect to appear shall, within 30 days after the date of |
| 47 | issuance of the citation: |
| 48 | 1. Pay the civil penalty and delinquent fee, if |
| 49 | applicable, either by mail or in person; or |
| 50 | 2. Enter into a payment plan with the clerk of the court |
| 51 | to pay the civil penalty and delinquent fee, if applicable, |
| 52 | within 30 days after the date of issuance of the citation. |
| 53 | (b) If the person cited follows the procedures in |
| 54 | paragraph (a) above procedure, he or she shall be deemed to have |
| 55 | admitted the infraction and to have waived his or her right to a |
| 56 | hearing on the issue of commission of the infraction. Such |
| 57 | admission shall not be used as evidence in any other |
| 58 | proceedings. Any person who is cited for a violation of s. |
| 59 | 320.0605 or s. 322.15(1), or subject to a penalty under s. |
| 60 | 320.07(3)(a) or (b) or s. 322.065, and who makes an election |
| 61 | under this subsection shall submit proof of compliance with the |
| 62 | applicable section to the clerk of the court. For the purposes |
| 63 | of this subsection, proof of compliance consists of a valid |
| 64 | driver's license or a valid registration certificate. |
| 65 | (5) Any person electing to appear before the designated |
| 66 | official or who is required so to appear shall be deemed to have |
| 67 | waived his or her right to the civil penalty provisions of s. |
| 68 | 318.18. The official, after a hearing, shall make a |
| 69 | determination as to whether an infraction has been committed. If |
| 70 | the commission of an infraction has been proven, the official |
| 71 | may impose a civil penalty not to exceed $500, except that in |
| 72 | cases involving unlawful speed in a school zone or involving |
| 73 | unlawful speed in a construction zone, the civil penalty may not |
| 74 | exceed $1,000; or require attendance at a driver improvement |
| 75 | school, or both. If the person is required to appear before the |
| 76 | designated official pursuant to s. 318.19(1) and is found to |
| 77 | have committed the infraction, the designated official shall |
| 78 | impose a civil penalty of $1,000 in addition to any other |
| 79 | penalties and the person's driver's license shall be suspended |
| 80 | for 6 months. If the person is required to appear before the |
| 81 | designated official pursuant to s. 318.19(2) and is found to |
| 82 | have committed the infraction, the designated official shall |
| 83 | impose a civil penalty of $500 in addition to any other |
| 84 | penalties and the person's driver's license shall be suspended |
| 85 | for 3 months. After a hearing under this subsection, the |
| 86 | designated official may withhold adjudication and such action is |
| 87 | not a conviction. If the official determines that no infraction |
| 88 | has been committed, no costs or penalties shall be imposed and |
| 89 | any costs or penalties that have been paid shall be returned. |
| 90 | Moneys received from the mandatory civil penalties imposed |
| 91 | pursuant to this subsection upon persons required to appear |
| 92 | before a designated official pursuant to s. 318.19(1) or (2) |
| 93 | shall be remitted to the Department of Revenue and deposited |
| 94 | into the Department of Health Administrative Trust Fund to |
| 95 | provide financial support to certified trauma centers to assure |
| 96 | the availability and accessibility of trauma services throughout |
| 97 | the state. Funds deposited into the Administrative Trust Fund |
| 98 | under this section shall be allocated as follows: |
| 99 | (a) Fifty percent shall be allocated equally among all |
| 100 | Level I, Level II, and pediatric trauma centers in recognition |
| 101 | of readiness costs for maintaining trauma services. |
| 102 | (b) Fifty percent shall be allocated among Level I, Level |
| 103 | II, and pediatric trauma centers based on each center's relative |
| 104 | volume of trauma cases as reported in the Department of Health |
| 105 | Trauma Registry. |
| 106 | (6) The commission of a charged infraction at a hearing |
| 107 | under this chapter must be proved beyond a reasonable doubt. |
| 108 | (7)(a) The official having jurisdiction over the |
| 109 | infraction shall certify to the department within 10 days after |
| 110 | payment of the civil penalty that the defendant has admitted to |
| 111 | the infraction. If the charge results in a hearing, the official |
| 112 | having jurisdiction shall certify to the department the final |
| 113 | disposition within 10 days after the hearing. All dispositions |
| 114 | returned to the county requiring a correction shall be |
| 115 | resubmitted to the department within 10 days after the |
| 116 | notification of the error. |
| 117 | (b) If the official having jurisdiction over the traffic |
| 118 | infraction submits the final disposition to the department more |
| 119 | than 180 days after the final hearing or after payment of the |
| 120 | civil penalty, the department may modify any resulting |
| 121 | suspension or revocation action to begin as if the citation were |
| 122 | reported in a timely manner. |
| 123 | (8) When a report of a determination or admission of an |
| 124 | infraction is received by the department, it shall proceed to |
| 125 | enter the proper number of points on the licensee's driving |
| 126 | record in accordance with s. 322.27. |
| 127 | (9) Any person who does not hold a commercial driver's |
| 128 | license and who is cited for an infraction under this section |
| 129 | other than a violation of s. 316.183(2), s. 316.187, or s. |
| 130 | 316.189 when the driver exceeds the posted limit by 30 miles per |
| 131 | hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, |
| 132 | s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court |
| 133 | appearance, elect to attend in the location of his or her choice |
| 134 | within this state a basic driver improvement course approved by |
| 135 | the Department of Highway Safety and Motor Vehicles. In such a |
| 136 | case, adjudication must be withheld and points, as provided by |
| 137 | s. 322.27, may not be assessed. However, a person may not make |
| 138 | an election under this subsection if the person has made an |
| 139 | election under this subsection in the preceding 12 months. A |
| 140 | person may make no more than five elections within 10 years |
| 141 | under this subsection. The requirement for community service |
| 142 | under s. 318.18(8) is not waived by a plea of nolo contendere or |
| 143 | by the withholding of adjudication of guilt by a court. If a |
| 144 | person makes an election to attend a basic driver improvement |
| 145 | course under this subsection, 18 percent of the civil penalty |
| 146 | imposed under s. 318.18(3) shall be deposited in the State |
| 147 | Courts Revenue Trust Fund; however, that portion is not revenue |
| 148 | for purposes of s. 28.36 and may not be used in establishing the |
| 149 | budget of the clerk of the court under that section or s. 28.35. |
| 150 | (10)(a) Any person who does not hold a commercial driver's |
| 151 | license and who is cited for an offense listed under this |
| 152 | subsection may, in lieu of payment of fine or court appearance, |
| 153 | elect to enter a plea of nolo contendere and provide proof of |
| 154 | compliance to the clerk of the court or authorized operator of a |
| 155 | traffic violations bureau. In such case, adjudication shall be |
| 156 | withheld; however, no election shall be made under this |
| 157 | subsection if such person has made an election under this |
| 158 | subsection in the 12 months preceding election hereunder. No |
| 159 | person may make more than three elections under this subsection. |
| 160 | This subsection applies to the following offenses: |
| 161 | 1. Operating a motor vehicle without a valid driver's |
| 162 | license in violation of the provisions of s. 322.03, s. 322.065, |
| 163 | or s. 322.15(1), or operating a motor vehicle with a license |
| 164 | which has been suspended for failure to appear, failure to pay |
| 165 | civil penalty, or failure to attend a driver improvement course |
| 166 | pursuant to s. 322.291. |
| 167 | 2. Operating a motor vehicle without a valid registration |
| 168 | in violation of s. 320.0605, s. 320.07, or s. 320.131. |
| 169 | 3. Operating a motor vehicle in violation of s. 316.646. |
| 170 | (b) Any person cited for an offense listed in this |
| 171 | subsection shall present proof of compliance prior to the |
| 172 | scheduled court appearance date. For the purposes of this |
| 173 | subsection, proof of compliance shall consist of a valid, |
| 174 | renewed, or reinstated driver's license or registration |
| 175 | certificate and proper proof of maintenance of security as |
| 176 | required by s. 316.646. Notwithstanding waiver of fine, any |
| 177 | person establishing proof of compliance shall be assessed court |
| 178 | costs of $25, except that a person charged with violation of s. |
| 179 | 316.646(1)-(3) may be assessed court costs of $8. One dollar of |
| 180 | such costs shall be remitted to the Department of Revenue for |
| 181 | deposit into the Child Welfare Training Trust Fund of the |
| 182 | Department of Children and Family Services. One dollar of such |
| 183 | costs shall be distributed to the Department of Juvenile Justice |
| 184 | for deposit into the Juvenile Justice Training Trust Fund. |
| 185 | Fourteen dollars of such costs shall be distributed to the |
| 186 | municipality and $9 shall be deposited by the clerk of the court |
| 187 | into the fine and forfeiture fund established pursuant to s. |
| 188 | 142.01, if the offense was committed within the municipality. If |
| 189 | the offense was committed in an unincorporated area of a county |
| 190 | or if the citation was for a violation of s. 316.646(1)-(3), the |
| 191 | entire amount shall be deposited by the clerk of the court into |
| 192 | the fine and forfeiture fund established pursuant to s. 142.01, |
| 193 | except for the moneys to be deposited into the Child Welfare |
| 194 | Training Trust Fund and the Juvenile Justice Training Trust |
| 195 | Fund. This subsection shall not be construed to authorize the |
| 196 | operation of a vehicle without a valid driver's license, without |
| 197 | a valid vehicle tag and registration, or without the maintenance |
| 198 | of required security. |
| 199 | (11) If adjudication is withheld for any person charged or |
| 200 | cited under this section, such action is not a conviction. |
| 201 | (12) Any person cited for a violation of s. 316.1001 may, |
| 202 | in lieu of making an election as set forth in subsection (4) or |
| 203 | s. 318.18(7), elect to pay a fine of $25, or such other amount |
| 204 | as imposed by the governmental entity owning the applicable toll |
| 205 | facility, plus the amount of the unpaid toll that is shown on |
| 206 | the traffic citation directly to the governmental entity that |
| 207 | issued the citation, or on whose behalf the citation was issued, |
| 208 | within 30 days after the date of issuance of the citation. Any |
| 209 | person cited for a violation of s. 316.1001 who does not elect |
| 210 | to pay the fine imposed by the governmental entity owning the |
| 211 | applicable toll facility plus the amount of the unpaid toll that |
| 212 | is shown on the traffic citation directly to the governmental |
| 213 | entity that issued the citation, or on whose behalf the citation |
| 214 | was issued, as described in this subsection shall have an |
| 215 | additional 45 days after the date of the issuance of the |
| 216 | citation in which to request a court hearing or to pay the civil |
| 217 | penalty and delinquent fee, if applicable, as provided in s. |
| 218 | 318.18(7), either by mail or in person, in accordance with |
| 219 | subsection (4). |
| 220 | (13)(a) A person cited for a violation of s. 316.1926 |
| 221 | shall, in addition to any other requirements provided in this |
| 222 | section, pay a fine of $1,000. This fine is in lieu of the fine |
| 223 | required under s. 318.18(3)(b), if the person was cited for |
| 224 | violation of s. 316.1926(2). |
| 225 | (b) A person cited for a second violation of s. 316.1926 |
| 226 | shall, in addition to any other requirements provided in this |
| 227 | section, pay a fine of $2,500. This fine is in lieu of the fine |
| 228 | required under s. 318.18(3)(b), if the person was cited for |
| 229 | violation of s. 316.1926(2). In addition, the court shall revoke |
| 230 | the person's authorization and privilege to operate a motor |
| 231 | vehicle for a period of 1 year and order the person to surrender |
| 232 | his or her driver's license. |
| 233 | (c) A person cited for a third violation of s. 316.1926 |
| 234 | commits a felony of the third degree, punishable as provided in |
| 235 | s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the |
| 236 | court shall impose a fine of $5,000, revoke the person's |
| 237 | authorization and privilege to operate a motor vehicle for a |
| 238 | period of 10 years, and order the person to surrender his or her |
| 239 | driver's license. |
| 240 | (14) The clerks of the court shall establish a system for |
| 241 | accepting periodic payments of civil penalties and applicable |
| 242 | fees and charges associated with the disposition of traffic |
| 243 | infraction citations. The payment plan shall provide for the |
| 244 | adjustment of payments, without penalty, due to changes in the |
| 245 | ability of the payor to make the payments. |
| 246 | Section 2. Section 318.15, Florida Statutes, is amended to |
| 247 | read: |
| 248 | 318.15 Failure to comply with civil penalty or to appear; |
| 249 | penalty.- |
| 250 | (1)(a) If a person fails to comply with the civil |
| 251 | penalties provided in s. 318.18 within the time period specified |
| 252 | in s. 318.14(4), fails to enter into a penalty payment plan with |
| 253 | the clerk of the court or fails to make payments for 8 |
| 254 | consecutive weeks under that plan, fails to attend driver |
| 255 | improvement school, or fails to appear at a scheduled hearing, |
| 256 | the clerk of the court shall notify the Division of Driver |
| 257 | Licenses of the Department of Highway Safety and Motor Vehicles |
| 258 | of such failure within 10 days after such failure. Upon receipt |
| 259 | of such notice, the department shall immediately issue an order |
| 260 | suspending the driver's license and privilege to drive of such |
| 261 | person effective 20 days after the date the order of suspension |
| 262 | is mailed in accordance with s. 322.251(1), (2), and (6). Any |
| 263 | such suspension of the driving privilege which has not been |
| 264 | reinstated, including a similar suspension imposed outside |
| 265 | Florida, shall remain on the records of the department for a |
| 266 | period of 7 years from the date imposed and shall be removed |
| 267 | from the records after the expiration of 7 years from the date |
| 268 | it is imposed. |
| 269 | (b) However, a person who elects to attend driver |
| 270 | improvement school and has paid the civil penalty as provided in |
| 271 | s. 318.14(9), but who subsequently fails to attend the driver |
| 272 | improvement school within the time specified by the court shall |
| 273 | be deemed to have admitted the infraction and shall be |
| 274 | adjudicated guilty. In such a case in which there was an 18- |
| 275 | percent reduction pursuant to s. 318.14(9) as it existed before |
| 276 | February 1, 2009, the person must pay the clerk of the court |
| 277 | that amount and a processing fee of up to $18, after which no |
| 278 | additional penalties, court costs, or surcharges shall be |
| 279 | imposed for the violation. In all other such cases, the person |
| 280 | must pay the clerk a processing fee of up to $18, after which no |
| 281 | additional penalties, court costs, or surcharges shall be |
| 282 | imposed for the violation. The clerk of the court shall notify |
| 283 | the department of the person's failure to attend driver |
| 284 | improvement school and points shall be assessed pursuant to s. |
| 285 | 322.27. |
| 286 | (2) After the suspension of a person's driver's license |
| 287 | and privilege to drive under subsection (1), the license and |
| 288 | privilege may not be reinstated until the person complies with |
| 289 | the terms of a periodic payment plan or a revised payment plan |
| 290 | with the clerk of the court pursuant to s. 318.14 or with all |
| 291 | obligations and penalties imposed under s. 318.18 and presents |
| 292 | to a driver license office a certificate of compliance issued by |
| 293 | the court, together with a nonrefundable service charge of $60 |
| 294 | imposed under s. 322.29, or presents a certificate of compliance |
| 295 | and pays the service charge to the clerk of the court or a |
| 296 | driver licensing agent authorized under s. 322.135 clearing such |
| 297 | suspension. Of the charge collected, $22.50 shall be remitted to |
| 298 | the Department of Revenue to be deposited into the Highway |
| 299 | Safety Operating Trust Fund. Such person must also be in |
| 300 | compliance with requirements of chapter 322 before |
| 301 | reinstatement. |
| 302 | Section 3. Subsection (11) of section 322.01, Florida |
| 303 | Statutes, is amended to read: |
| 304 | 322.01 Definitions.-As used in this chapter: |
| 305 | (11)(a) "Conviction" means a conviction of an offense |
| 306 | relating to the operation of motor vehicles on highways which is |
| 307 | a violation of this chapter or any other such law of this state |
| 308 | or any other state, including an admission or determination of a |
| 309 | noncriminal traffic infraction pursuant to s. 318.14, or a |
| 310 | judicial disposition of an offense committed under any federal |
| 311 | law substantially conforming to the aforesaid state statutory |
| 312 | provisions. |
| 313 | (b) Notwithstanding any other provisions of this chapter, |
| 314 | the definition of "conviction" provided in 49 C.F.R. part 383.5 |
| 315 | applies to offenses committed in a commercial motor vehicle or |
| 316 | by a person holding a commercial driver's license. |
| 317 | (c) Except as otherwise specifically provided in this |
| 318 | chapter, a judicial determination to withhold adjudication for a |
| 319 | violation under this chapter is not a conviction. |
| 320 | Section 4. This act shall take effect July 1, 2010. |