Florida Senate - 2015                                     SB 346
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00347-15                                            2015346__
    1                        A bill to be entitled                      
    2         An act relating to school bus stop safety; providing a
    3         short title; amending ss. 316.172, 316.192, and
    4         318.18, F.S.; revising penalties for failure to stop a
    5         vehicle upon approaching a school bus that displays a
    6         stop signal; providing for criminal penalties under
    7         certain circumstances; amending ss. 318.17, 318.21,
    8         and 395.4036, F.S., relating to application of
    9         specified provisions, disposition of penalty amounts
   10         received, and trauma payments; conforming provisions
   11         to changes made by the act; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. This act may be cited as “Gabby’s Law for School
   17  Bus Stop Safety.”
   18         Section 2. Subsection (1) of section 316.172, Florida
   19  Statutes, is amended to read:
   20         316.172 Traffic to stop for school bus.—
   21         (1)(a) A Any person using, operating, or driving a vehicle
   22  on or over the roads or highways of this state shall, upon
   23  approaching a any school bus that which displays a stop signal,
   24  bring such vehicle to a full stop while the bus is stopped, and
   25  the vehicle may shall not pass the school bus until the signal
   26  has been withdrawn. Except as provided in paragraph (b), a
   27  person who violates this subsection section commits a moving
   28  violation, punishable as provided in chapter 318.
   29         (b) A Any person using, operating, or driving a vehicle
   30  that passes a school bus on the side that children enter and
   31  exit when the school bus displays a stop signal commits reckless
   32  driving a moving violation, punishable as provided in s. 316.192
   33  chapter 318, and is subject to a mandatory hearing under the
   34  provisions of s. 318.19.
   35         Section 3. Section 316.192, Florida Statutes, is amended to
   36  read:
   37         316.192 Reckless driving.—
   38         (1)(a) A Any person who drives a any vehicle in willful or
   39  wanton disregard for the safety of persons or property commits
   40  is guilty of reckless driving.
   41         (b) Fleeing a law enforcement officer in a motor vehicle is
   42  reckless driving per se.
   43         (2) Except as provided in subsection (3), a any person
   44  convicted of reckless driving shall be punished:
   45         (a) Upon a first conviction, by imprisonment for a period
   46  of not more than 90 days or by a fine of not less than $25 nor
   47  more than $500, or by both such fine and imprisonment.
   48         (b) On a second or subsequent conviction, by imprisonment
   49  for not more than 6 months or by a fine of not less than $50 nor
   50  more than $1,000, or by both such fine and imprisonment.
   51         (3) A Any person:
   52         (a) Who is in violation of subsection (1);
   53         (b) Who operates a vehicle; and
   54         (c) Who, by reason of such operation, causes:
   55         1. Damage to the property or person of another commits a
   56  misdemeanor of the first degree, punishable as provided in s.
   57  775.082 or s. 775.083.
   58         2. Serious bodily injury to another commits a felony of the
   59  third degree, punishable as provided in s. 775.082, s. 775.083,
   60  or s. 775.084. The term “serious bodily injury” means an injury
   61  to another person, which consists of a physical condition that
   62  creates a substantial risk of death, serious personal
   63  disfigurement, or protracted loss or impairment of the function
   64  of any bodily member or organ.
   65         (4) Notwithstanding any other provision of this section, $5
   66  shall be added to a fine imposed pursuant to this section. The
   67  clerk shall remit the $5 to the Department of Revenue for
   68  deposit in the Emergency Medical Services Trust Fund.
   69         (5) In addition to any other penalty provided under this
   70  section, if the court has reasonable cause to believe that the
   71  use of alcohol, chemical substances set forth in s. 877.111, or
   72  substances controlled under chapter 893 contributed to a
   73  violation of this section, the court shall direct the person so
   74  convicted to complete a DUI program substance abuse education
   75  course and evaluation as provided in s. 316.193(5) within a
   76  reasonable period of time specified by the court. If the DUI
   77  program conducting such course and evaluation refers the person
   78  to an authorized substance abuse treatment provider for
   79  substance abuse evaluation and treatment, the directive of the
   80  court requiring completion of such course, evaluation, and
   81  treatment shall be enforced as provided in s. 322.245. The
   82  referral to treatment resulting from the DUI program evaluation
   83  may not be waived without a supporting independent psychosocial
   84  evaluation conducted by an authorized substance abuse treatment
   85  provider, appointed by the court, which shall have access to the
   86  DUI program psychosocial evaluation before the independent
   87  psychosocial evaluation is conducted. The court shall review the
   88  results and recommendations of both evaluations before
   89  determining the request for waiver. The offender shall bear the
   90  full cost of this procedure. If a person directed to a DUI
   91  program substance abuse education course and evaluation or
   92  referred to treatment under this subsection fails to report for
   93  or complete such course, evaluation, or treatment, the DUI
   94  program shall notify the court and the department of the
   95  failure. Upon receipt of such notice, the department shall
   96  cancel the person’s driving privilege, notwithstanding the terms
   97  of the court order or any suspension or revocation of the
   98  driving privilege. The department may reinstate the driving
   99  privilege upon verification from the DUI program that the
  100  education, evaluation, and treatment are completed. The
  101  department may temporarily reinstate the driving privilege on a
  102  restricted basis upon verification that the offender is
  103  currently participating in treatment and has completed the DUI
  104  education course and evaluation requirement. If the DUI program
  105  notifies the department of the second failure to complete
  106  treatment, the department shall reinstate the driving privilege
  107  only after notice of successful completion of treatment from the
  108  DUI program.
  109         (6) In addition, $65 shall be added to a fine imposed
  110  pursuant to this section for a violation under s. 316.172(1)(b).
  111  The additional $65 collected under this subsection shall be
  112  remitted to the Department of Revenue for deposit into the
  113  Emergency Medical Services Trust Fund of the Department of
  114  Health to be used as provided in s. 395.4036.
  115         Section 4. Section 318.17, Florida Statutes, is amended to
  116  read:
  117         318.17 Offenses excepted.—No provision of this chapter is
  118  available to a person who is charged with any of the following
  119  offenses:
  120         (1) Fleeing or attempting to elude a police officer, in
  121  violation of s. 316.1935.;
  122         (2) Leaving the scene of a crash, in violation of ss.
  123  316.027 and 316.061.;
  124         (3) Driving, or being in actual physical control of, any
  125  vehicle while under the influence of alcoholic beverages, any
  126  chemical substance set forth in s. 877.111, or any substance
  127  controlled under chapter 893, in violation of s. 316.193, or
  128  driving with an unlawful blood-alcohol level.;
  129         (4) Reckless driving under s. 316.172(1)(b) or, in
  130  violation of s. 316.192.;
  131         (5) Making false crash reports, in violation of s.
  132  316.067.;
  133         (6) Willfully failing or refusing to comply with any lawful
  134  order or direction of any police officer or member of the fire
  135  department, in violation of s. 316.072(3).;
  136         (7) Obstructing an officer, in violation of s. 316.545(1).;
  137  or
  138         (8) Any other offense in chapter 316 which is classified as
  139  a criminal violation.
  140         Section 5. Subsection (5) of section 318.18, Florida
  141  Statutes, is amended to read:
  142         318.18 Amount of penalties.—The penalties required for a
  143  noncriminal disposition pursuant to s. 318.14 or a criminal
  144  offense listed in s. 318.17 are as follows:
  145         (5)(a) Two hundred fifty One hundred dollars for a
  146  violation of s. 316.172(1)(a), failure to stop for a school bus.
  147  If, at a hearing, the alleged offender is found to have
  148  committed this offense, the court shall impose a minimum civil
  149  penalty of $250 $100. In addition to this penalty, for a second
  150  or subsequent offense within a period of 5 years, the department
  151  shall suspend the driver license of the person for not less than
  152  6 months 90 days and not more than 1 year 6 months.
  153         (b) Two hundred dollars for a violation of s.
  154  316.172(1)(b), passing a school bus on the side that children
  155  enter and exit when the school bus displays a stop signal. If,
  156  at a hearing, the alleged offender is found to have committed
  157  this offense, the court shall impose a minimum civil penalty of
  158  $200. In addition to this penalty, for a second or subsequent
  159  offense within a period of 5 years, the department shall suspend
  160  the driver license of the person for not less than 180 days and
  161  not more than 1 year.
  162         (b)(c) In addition to the penalty under paragraph (a) or
  163  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  164  If the alleged offender is found to have committed the offense,
  165  the court shall impose the civil penalty under paragraph (a) or
  166  paragraph (b) plus an additional $65. The additional $65
  167  collected under this paragraph shall be remitted to the
  168  Department of Revenue for deposit into the Emergency Medical
  169  Services Trust Fund of the Department of Health to be used as
  170  provided in s. 395.4036.
  171         Section 6. Subsection (21) of section 318.21, Florida
  172  Statutes, is amended to read:
  173         318.21 Disposition of civil penalties by county courts.—All
  174  civil penalties received by a county court pursuant to the
  175  provisions of this chapter shall be distributed and paid monthly
  176  as follows:
  177         (21) Notwithstanding subsections (1) and (2), the proceeds
  178  from the additional penalties imposed pursuant to s.
  179  318.18(5)(b) s. 318.18(5)(c) and (20) shall be distributed as
  180  provided in that section.
  181         Section 7. Paragraph (b) of subsection (1) of section
  182  395.4036, Florida Statutes, is amended to read:
  183         395.4036 Trauma payments.—
  184         (1) Recognizing the Legislature’s stated intent to provide
  185  financial support to the current verified trauma centers and to
  186  provide incentives for the establishment of additional trauma
  187  centers as part of a system of state-sponsored trauma centers,
  188  the department shall utilize funds collected under s. 318.18 and
  189  deposited into the Emergency Medical Services Trust Fund of the
  190  department to ensure the availability and accessibility of
  191  trauma services throughout the state as provided in this
  192  subsection.
  193         (b) Funds collected under ss. 316.192(6) and 318.18(5)(b)
  194  s. 318.18(5)(c) and (20) shall be distributed as follows:
  195         1. Thirty percent of the total funds collected shall be
  196  distributed to Level II trauma centers operated by a public
  197  hospital governed by an elected board of directors as of
  198  December 31, 2008.
  199         2. Thirty-five percent of the total funds collected shall
  200  be distributed to verified trauma centers based on trauma
  201  caseload volume for the most recent calendar year available. The
  202  determination of caseload volume for distribution of funds under
  203  this subparagraph shall be based on the department’s Trauma
  204  Registry data.
  205         3. Thirty-five percent of the total funds collected shall
  206  be distributed to verified trauma centers based on severity of
  207  trauma patients for the most recent calendar year available. The
  208  determination of severity for distribution of funds under this
  209  subparagraph shall be based on the department’s International
  210  Classification Injury Severity Scores or another statistically
  211  valid and scientifically accepted method of stratifying a trauma
  212  patient’s severity of injury, risk of mortality, and resource
  213  consumption as adopted by the department by rule, weighted based
  214  on the costs associated with and incurred by the trauma center
  215  in treating trauma patients. The weighting of scores shall be
  216  established by the department by rule.
  217         Section 8. This act shall take effect October 1, 2015.