Florida Senate - 2016                                    SB 1570
       
       
        
       By Senator Simmons
       
       10-00628-16                                           20161570__
    1                        A bill to be entitled                      
    2         An act relating to school bus stop safety; providing a
    3         short title; amending s. 316.172, F.S.; revising the
    4         terms of violation and the penalties for failure to
    5         stop a vehicle upon approaching a school bus that
    6         displays a stop signal; providing for criminal
    7         penalties under certain circumstances; defining the
    8         terms “recorded image” and “video recording device”;
    9         authorizing school districts to use cameras and video
   10         recording devices under certain circumstances;
   11         requiring a school bus driver to record specified
   12         observations under certain circumstances; requiring
   13         certain photographs and recorded images to be
   14         submitted to a local law enforcement agency within a
   15         specified timeframe; amending s. 316.192, F.S.;
   16         requiring an additional fee to be added to a fine
   17         imposed for a specified violation; providing for
   18         distribution of the fee; amending s. 318.17, F.S.;
   19         conforming provisions to changes made by the act;
   20         amending s. 318.18, F.S.; revising penalties for
   21         specified violations; amending s. 318.21, F.S.;
   22         conforming a cross-reference; amending s. 395.4036,
   23         F.S.; conforming a cross-reference; conforming
   24         provisions to changes made by the act; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. This act may be cited as “Gabby’s Law for School
   30  Bus Stop Safety.”
   31         Section 2. Subsection (1) of section 316.172, Florida
   32  Statutes, is amended to read:
   33         316.172 Traffic to stop for school bus.—
   34         (1)(a) A Any person using, operating, or driving a vehicle
   35  on or over the roads or highways of this state shall, upon
   36  approaching a any school bus that which displays a stop signal,
   37  bring such vehicle to a full stop while the bus is stopped, and
   38  the vehicle may shall not pass the school bus until the signal
   39  has been withdrawn. A person who violates this paragraph section
   40  commits a moving violation, punishable as provided in chapter
   41  318.
   42         (b) A Any person using, operating, or driving a vehicle
   43  that passes a school bus on the side that children enter and
   44  exit when the school bus displays a stop signal commits reckless
   45  driving a moving violation, punishable as provided in s. 316.192
   46  chapter 318, and is subject to a mandatory hearing under the
   47  provisions of s. 318.19.
   48         (c)1. As used in this paragraph, the term:
   49         a. “Recorded image” means an image recorded by a video
   50  recording device mounted on a school bus which has a clear view
   51  of vehicles that pass the bus on either side and which shows the
   52  date and time the recording was made and an electronic symbol
   53  that shows the activation of amber lights, flashing red lights,
   54  stop arms, and brakes.
   55         b. “Video recording device” means a camera capable of
   56  recording digital images that show the date and time of the
   57  images so recorded.
   58         2. A school district may use cameras and video recording
   59  devices to enforce this section. A school bus driver who
   60  observes a violation of paragraph (a) or paragraph (b) shall
   61  record the license number of the offending vehicle, a
   62  description of the vehicle, and the time and date of the
   63  violation. Any photograph and recorded image of the violation
   64  shall be submitted within 15 days after its occurrence to the
   65  local law enforcement agency that has jurisdiction over the area
   66  where the violation occurs.
   67         Section 3. Subsection (6) is added to section 316.192,
   68  Florida Statutes, to read:
   69         316.192 Reckless driving.—
   70         (6) In addition to any other penalty provided under this
   71  section, $65 shall be added to a fine imposed pursuant to this
   72  section for a violation of s. 316.172(1)(b). The clerk shall
   73  remit the $65 to the Department of Revenue for deposit in the
   74  Emergency Medical Services Trust Fund, to be used as provided in
   75  s. 395.4036.
   76         Section 4. Section 318.17, Florida Statutes, is amended to
   77  read:
   78         318.17 Offenses excepted.—No provision of this chapter is
   79  available to a person who is charged with any of the following
   80  offenses:
   81         (1) Fleeing or attempting to elude a police officer, in
   82  violation of s. 316.1935.;
   83         (2) Leaving the scene of a crash, in violation of ss.
   84  316.027 and 316.061.;
   85         (3) Driving, or being in actual physical control of, any
   86  vehicle while under the influence of alcoholic beverages, any
   87  chemical substance set forth in s. 877.111, or any substance
   88  controlled under chapter 893, in violation of s. 316.193, or
   89  driving with an unlawful blood-alcohol level.;
   90         (4) Reckless driving, in violation of s. 316.172(1)(b) or
   91  s. 316.192.;
   92         (5) Making false crash reports, in violation of s.
   93  316.067.;
   94         (6) Willfully failing or refusing to comply with any lawful
   95  order or direction of any police officer or member of the fire
   96  department, in violation of s. 316.072(3).;
   97         (7) Obstructing an officer, in violation of s. 316.545(1).;
   98  or
   99         (8) Any other offense in chapter 316 which is classified as
  100  a criminal violation.
  101         Section 5. Subsection (5) of section 318.18, Florida
  102  Statutes, is amended to read:
  103         318.18 Amount of penalties.—The penalties required for a
  104  noncriminal disposition pursuant to s. 318.14 or a criminal
  105  offense listed in s. 318.17 are as follows:
  106         (5)(a) Two hundred fifty One hundred dollars for a
  107  violation of s. 316.172(1)(a), failure to stop for a school bus.
  108  If, at a hearing, the alleged offender is found to have
  109  committed this offense, the court shall impose a minimum civil
  110  penalty of $250 $100. In addition to this penalty, for a second
  111  or subsequent offense within a period of 5 years, the department
  112  shall suspend the driver license of the person for not less than
  113  6 months 90 days and not more than 1 year 6 months.
  114         (b) Two hundred dollars for a violation of s.
  115  316.172(1)(b), passing a school bus on the side that children
  116  enter and exit when the school bus displays a stop signal. If,
  117  at a hearing, the alleged offender is found to have committed
  118  this offense, the court shall impose a minimum civil penalty of
  119  $200. In addition to this penalty, for a second or subsequent
  120  offense within a period of 5 years, the department shall suspend
  121  the driver license of the person for not less than 180 days and
  122  not more than 1 year.
  123         (b)(c) In addition to the penalty under paragraph (a) or
  124  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
  125  If the alleged offender is found to have committed the offense,
  126  the court shall impose the civil penalty under paragraph (a) or
  127  paragraph (b) plus an additional $65. The additional $65
  128  collected under this paragraph shall be remitted to the
  129  Department of Revenue for deposit into the Emergency Medical
  130  Services Trust Fund of the Department of Health to be used as
  131  provided in s. 395.4036.
  132         Section 6. Subsection (21) of section 318.21, Florida
  133  Statutes, is amended to read:
  134         318.21 Disposition of civil penalties by county courts.—All
  135  civil penalties received by a county court pursuant to the
  136  provisions of this chapter shall be distributed and paid monthly
  137  as follows:
  138         (21) Notwithstanding subsections (1) and (2), the proceeds
  139  from the additional penalties imposed pursuant to s.
  140  318.18(5)(b) s. 318.18(5)(c) and (20) shall be distributed as
  141  provided in that section.
  142         Section 7. Paragraph (b) of subsection (1) of section
  143  395.4036, Florida Statutes, is amended to read:
  144         395.4036 Trauma payments.—
  145         (1) Recognizing the Legislature’s stated intent to provide
  146  financial support to the current verified trauma centers and to
  147  provide incentives for the establishment of additional trauma
  148  centers as part of a system of state-sponsored trauma centers,
  149  the department shall utilize funds collected under s. 318.18 and
  150  deposited into the Emergency Medical Services Trust Fund of the
  151  department to ensure the availability and accessibility of
  152  trauma services throughout the state as provided in this
  153  subsection.
  154         (b) Funds collected under ss. 316.192(6), 318.18(5)(b), and
  155  318.18(20) s. 318.18(5)(c) and (20) shall be distributed as
  156  follows:
  157         1. Thirty percent of the total funds collected shall be
  158  distributed to Level II trauma centers operated by a public
  159  hospital governed by an elected board of directors as of
  160  December 31, 2008.
  161         2. Thirty-five percent of the total funds collected shall
  162  be distributed to verified trauma centers based on trauma
  163  caseload volume for the most recent calendar year available. The
  164  determination of caseload volume for distribution of funds under
  165  this subparagraph shall be based on the department’s Trauma
  166  Registry data.
  167         3. Thirty-five percent of the total funds collected shall
  168  be distributed to verified trauma centers based on severity of
  169  trauma patients for the most recent calendar year available. The
  170  determination of severity for distribution of funds under this
  171  subparagraph shall be based on the department’s International
  172  Classification Injury Severity Scores or another statistically
  173  valid and scientifically accepted method of stratifying a trauma
  174  patient’s severity of injury, risk of mortality, and resource
  175  consumption as adopted by the department by rule, weighted based
  176  on the costs associated with and incurred by the trauma center
  177  in treating trauma patients. The weighting of scores shall be
  178  established by the department by rule.
  179         Section 8. This act shall take effect October 1, 2016.