Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 1301, 1st Eng.
Ì857204ÇÎ857204
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
03/06/2024 10:35 AM .
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Senator Gruters moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 133 - 433
4 and insert:
5 Section 3. Section 316.1575, Florida Statutes, is amended
6 to read:
7 316.1575 Obedience to traffic control devices at railroad
8 highway grade crossings.—
9 (1) A Any person cycling, walking or driving a vehicle and
10 approaching a railroad-highway grade crossing under any of the
11 circumstances stated in this section must shall stop within 50
12 feet but not less than 15 feet from the nearest rail of such
13 railroad and may shall not proceed until the railroad tracks are
14 clear and he or she can do so safely. This subsection applies
15 The foregoing requirements apply when:
16 (a) A clearly visible electric or mechanical signal device
17 gives warning of the immediate approach of a railroad train or
18 railroad track equipment;
19 (b) A crossing gate is lowered or a law enforcement officer
20 or a human flagger gives or continues to give a signal of the
21 approach or passage of a railroad train or railroad track
22 equipment;
23 (c) An approaching railroad train or railroad track
24 equipment emits an audible signal or the railroad train or
25 railroad track equipment, by reason of its speed or nearness to
26 the crossing, is an immediate hazard; or
27 (d) An approaching railroad train or railroad track
28 equipment is plainly visible and is in hazardous proximity to
29 the railroad-highway grade crossing, regardless of the type of
30 traffic control devices installed at the crossing.
31 (2) A No person may not shall drive a any vehicle through,
32 around, or under any crossing gate or barrier at a railroad
33 highway grade crossing while the gate or barrier is closed or is
34 being opened or closed.
35 (3) A person who violates violation of this section commits
36 is a noncriminal traffic infraction, punishable pursuant to
37 chapter 318 as:
38 (a) either A pedestrian violation; or,
39 (b) If the infraction resulted from the operation of a
40 vehicle, as a moving violation.
41 1. For a first violation, the person must pay a fine of
42 $500 or perform 25 hours of community service and shall have 6
43 points assessed against his or her driver license as set forth
44 in s. 322.27(3)(d)7.
45 2. For a second or subsequent violation, the person must
46 pay a fine of $1,000 and shall have an additional 6 points
47 assessed against his or her driver license as set forth in s.
48 322.27(3)(d)7.
49 Section 4. Section 316.1576, Florida Statutes, is amended
50 to read:
51 316.1576 Insufficient clearance at a railroad-highway grade
52 crossing.—
53 (1) A person may not drive a any vehicle through a
54 railroad-highway grade crossing that does not have sufficient
55 space to drive completely through the crossing without stopping
56 or without obstructing the passage of other vehicles,
57 pedestrians, railroad trains, or other railroad equipment,
58 notwithstanding any traffic control signal indication to
59 proceed.
60 (2) A person may not drive a any vehicle through a
61 railroad-highway grade crossing that does not have sufficient
62 undercarriage clearance to drive completely through the crossing
63 without stopping or without obstructing the passage of a
64 railroad train or other railroad equipment.
65 (3) A person who violates violation of this section commits
66 is a noncriminal traffic infraction, punishable as a moving
67 violation as provided in chapter 318.
68 (a) For a first violation, the person must pay a fine of
69 $500 or perform 25 hours of community service and shall have 6
70 points assessed against his or her driver license as set forth
71 in s. 322.27(3)(d)7.
72 (b) For a second or subsequent violation, the person must
73 pay a fine of $1,000, shall have an additional 6 points assessed
74 against his or her driver license as set forth in s.
75 322.27(3)(d)7., and, notwithstanding s. 322.27(3)(a), (b), and
76 (c), shall have his or her driving privilege suspended for not
77 more than 6 months.
78 Section 5. Present subsections (10) through (23) of section
79 318.18, Florida Statutes, are redesignated as subsections (11)
80 through (24), respectively, a new subsection (10) is added to
81 that section, and subsection (9) of that section is amended, to
82 read:
83 318.18 Amount of penalties.—The penalties required for a
84 noncriminal disposition pursuant to s. 318.14 or a criminal
85 offense listed in s. 318.17 are as follows:
86 (9) Five One hundred dollars for a first violation and
87 $1,000 for a second or subsequent violation of s. 316.1575.
88 (10) Five hundred dollars for a first violation and $1,000
89 for a second or subsequent violation of s. 316.1576. In addition
90 to this penalty, for a second or subsequent violation, the
91 department shall suspend the driver license of the person for
92 not more than 6 months.
93 Section 6. Paragraph (d) of subsection (3) of section
94 322.27, Florida Statutes, is amended to read:
95 322.27 Authority of department to suspend or revoke driver
96 license or identification card.—
97 (3) There is established a point system for evaluation of
98 convictions of violations of motor vehicle laws or ordinances,
99 and violations of applicable provisions of s. 403.413(6)(b) when
100 such violations involve the use of motor vehicles, for the
101 determination of the continuing qualification of any person to
102 operate a motor vehicle. The department is authorized to suspend
103 the license of any person upon showing of its records or other
104 good and sufficient evidence that the licensee has been
105 convicted of violation of motor vehicle laws or ordinances, or
106 applicable provisions of s. 403.413(6)(b), amounting to 12 or
107 more points as determined by the point system. The suspension
108 shall be for a period of not more than 1 year.
109 (d) The point system shall have as its basic element a
110 graduated scale of points assigning relative values to
111 convictions of the following violations:
112 1. Reckless driving, willful and wanton—4 points.
113 2. Leaving the scene of a crash resulting in property
114 damage of more than $50—6 points.
115 3. Unlawful speed, or unlawful use of a wireless
116 communications device, resulting in a crash—6 points.
117 4. Passing a stopped school bus:
118 a. Not causing or resulting in serious bodily injury to or
119 death of another—4 points.
120 b. Causing or resulting in serious bodily injury to or
121 death of another—6 points.
122 c. Points may not be imposed for a violation of passing a
123 stopped school bus as provided in s. 316.172(1)(a) or (b) when
124 enforced by a school bus infraction detection system pursuant s.
125 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
126 when enforced by a school bus infraction detection system
127 pursuant to s. 316.173 may not be used for purposes of setting
128 motor vehicle insurance rates.
129 5. Unlawful speed:
130 a. Not in excess of 15 miles per hour of lawful or posted
131 speed—3 points.
132 b. In excess of 15 miles per hour of lawful or posted
133 speed—4 points.
134 c. Points may not be imposed for a violation of unlawful
135 speed as provided in s. 316.1895 or s. 316.183 when enforced by
136 a traffic infraction enforcement officer pursuant to s.
137 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
138 when enforced by a traffic infraction enforcement officer
139 pursuant to s. 316.1896 may not be used for purposes of setting
140 motor vehicle insurance rates.
141 6. A violation of a traffic control signal device as
142 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
143 However, points may not be imposed for a violation of s.
144 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
145 stop at a traffic signal and when enforced by a traffic
146 infraction enforcement officer. In addition, a violation of s.
147 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
148 stop at a traffic signal and when enforced by a traffic
149 infraction enforcement officer may not be used for purposes of
150 setting motor vehicle insurance rates.
151 7. Unlawfully driving a vehicle through a railroad-highway
152 grade crossing—6 points.
153 8.7. All other moving violations (including parking on a
154 highway outside the limits of a municipality)—3 points. However,
155 points may not be imposed for a violation of s. 316.0741 or s.
156 316.2065(11); and points may be imposed for a violation of s.
157 316.1001 only when imposed by the court after a hearing pursuant
158 to s. 318.14(5).
159 9.8. Any moving violation covered in this paragraph,
160 excluding unlawful speed and unlawful use of a wireless
161 communications device, resulting in a crash—4 points.
162 10.9. Any conviction under s. 403.413(6)(b)—3 points.
163 11.10. Any conviction under s. 316.0775(2)—4 points.
164 12.11. A moving violation covered in this paragraph which
165 is committed in conjunction with the unlawful use of a wireless
166 communications device within a school safety zone—2 points, in
167 addition to the points assigned for the moving violation.
168 Section 7. Section 334.046, Florida Statutes, is amended to
169 read:
170 334.046 Department mission, goals, and objectives.—
171 (1) The department shall consider the following prevailing
172 principles when to be considered in planning and developing the
173 state’s multimodal an integrated, balanced statewide
174 transportation system are: preserving Florida’s the existing
175 transportation infrastructure; supporting its enhancing
176 Florida’s economic competitiveness; promoting the efficient
177 movement of people and goods; and preserving Florida’s quality
178 of life improving travel choices to ensure mobility.
179 (2) The mission of the Department of Transportation shall
180 be to provide a safe statewide transportation system that
181 promotes the efficient movement ensures the mobility of people
182 and goods, supports the state’s enhances economic
183 competitiveness, prioritizes Florida’s environment and natural
184 resources prosperity, and preserves the quality of life and
185 connectedness of the state’s our environment and communities.
186 (3) The department shall document in the Florida
187 Transportation Plan, in accordance with s. 339.155 and based
188 upon the prevailing principles outlined in this section shall be
189 incorporated into all of preserving the existing transportation
190 infrastructure, enhancing Florida’s economic competitiveness,
191 and improving travel choices to ensure mobility, the goals and
192 objectives that provide statewide policy guidance for
193 accomplishing the department’s mission, including the Florida
194 Transportation Plan outlined in s. 339.155.
195 (4) At a minimum, the department’s goals shall address the
196 following prevailing principles:.
197 (a) Maintaining investments Preservation.—Protecting the
198 state’s transportation infrastructure investment, which.
199 Preservation includes:
200 1. Ensuring that 80 percent of the pavement on the State
201 Highway System meets department standards;
202 2. Ensuring that 90 percent of department-maintained
203 bridges meet department standards; and
204 3. Ensuring that the department achieves 100 percent of the
205 acceptable maintenance standard on the state highway system.
206 (b) Economic competitiveness.—Ensuring that the state has a
207 clear understanding of the return on investment and economic
208 impacts consequences of transportation infrastructure
209 investments, and how such investments affect the state’s
210 economic competitiveness. The department must develop a
211 macroeconomic analysis of the linkages between transportation
212 investment and economic performance, as well as a method to
213 quantifiably measure the economic benefits of the district-work
214 program investments. Such an analysis must analyze:
215 1. The state’s and district’s economic performance relative
216 to the competition.
217 2. The business environment as viewed from the perspective
218 of companies evaluating the state as a place in which to do
219 business.
220 3. The state’s capacity to sustain long-term growth.
221 (c) Connected transportation system Mobility.—Ensuring a
222 cost-effective, statewide, interconnected transportation system
223 that provides for the most efficient and effective multimodality
224 and mobility.
225 (d) Preserving Florida’s natural resources and quality of
226 life.—Prioritizing Florida’s natural resources and the quality
227 of life of its communities.
228 Section 8. Section 334.61, Florida Statutes, is created to
229 read:
230 334.61 Traffic lane repurposing.—
231 (1) Whenever a governmental entity proposes any project
232 that will repurpose one or more existing traffic lanes, the
233 governmental entity shall include a traffic study to address any
234 potential adverse impacts of the project, including, but not
235 limited to, changes in traffic congestion and impacts on safety.
236 (2) If, following the study required by subsection (1), the
237 governmental entity elects to continue with the design of the
238 project, it must notify all affected property owners, impacted
239 municipalities, and the counties in which the project is located
240 at least 180 days before the design phase of the project is
241 completed. The notice must provide a written explanation
242 regarding the need for the project, include information on how
243 to review the traffic study required by subsection (1), and
244 indicate that all affected parties will be given an opportunity
245 to provide comments to the proposing entity regarding potential
246 impacts of the change.
247 (3) The governmental entity shall hold at least one public
248 meeting, with at least 30 days’ prior notice, before completing
249 the design phase of the project in the jurisdiction where the
250 project is located. At the public meeting, the governmental
251 entity shall explain the purpose of the project and receive
252 public input, including possible alternatives, to determine the
253 manner in which the project will affect the community.
254 (4) The governmental entity shall review all comments from
255 the public meeting and take the comments and any alternatives
256 presented during the meeting into consideration in the final
257 design of the project.
258 Section 9. Paragraph (c) of subsection (3) of section
259 338.231, Florida Statutes, is amended to read:
260 338.231 Turnpike tolls, fixing; pledge of tolls and other
261 revenues.—The department shall at all times fix, adjust, charge,
262 and collect such tolls and amounts for the use of the turnpike
263 system as are required in order to provide a fund sufficient
264 with other revenues of the turnpike system to pay the cost of
265 maintaining, improving, repairing, and operating such turnpike
266 system; to pay the principal of and interest on all bonds issued
267 to finance or refinance any portion of the turnpike system as
268 the same become due and payable; and to create reserves for all
269 such purposes.
270 (3)
271 (c) Notwithstanding any other provision of law to the
272 contrary, any prepaid toll account of any kind which has
273 remained inactive for 10 3 years is shall be presumed unclaimed,
274 and its disposition shall be handled by the Department of
275 Financial Services in accordance with all applicable provisions
276 of chapter 717 relating to the disposition of unclaimed
277 property, and the prepaid toll account shall be closed by the
278 department.
279 Section 10. Subsection (5) is added to section 339.08,
280 Florida Statutes, to read:
281 339.08 Use of moneys in State Transportation Trust Fund.—
282 (5) The department may not expend any state funds as
283 described in s. 215.31 to support a project or program of:
284 (a) A public transit provider as defined in s. 341.031(1);
285 (b) An authority created pursuant to chapter 343, chapter
286 348, or chapter 349;
287 (c) A public-use airport as defined in s. 332.004; or
288 (d) A port enumerated in s. 311.09(1)
289
290 which is found in violation of s. 381.00316. The department
291 shall withhold state funds until the public transit provider,
292 authority, public-use airport, or port is found in compliance
293 with s. 381.00316.
294 Section 11. Section 339.0803, Florida Statutes, is amended
295 to read:
296 339.0803 Allocation of increased revenues derived from
297 amendments to s. 320.08 by ch. 2019-43.—
298 (1) Beginning in the 2021-2022 fiscal year and each fiscal
299 year thereafter, funds that result from increased revenues to
300 the State Transportation Trust Fund derived from the amendments
301 to s. 320.08 made by chapter 2019-43, Laws of Florida, and
302 deposited into the fund pursuant to s. 320.20(5)(a) must be used
303 to fund arterial highway projects identified by the department
304 in accordance with s. 339.65 and may be used for projects as
305 specified in ss. 339.66 and 339.67. For purposes of the funding
306 provided in this section, the department shall prioritize use of
307 existing facilities or portions thereof when upgrading arterial
308 highways to limited or controlled access facilities. However,
309 this section does not preclude use of the funding for projects
310 that enhance the capacity of an arterial highway. The funds
311 allocated as provided in this section shall be in addition to
312 any other statutory funding allocations provided by law.
313 (2) Revenues deposited into the State Transportation Trust
314 Fund pursuant to s. 320.20(5)(a) shall first be available for
315 appropriation for payments under a service contract entered into
316 with the Florida Department of Transportation Financing
317 Corporation pursuant to s. 339.0809(4) to fund arterial highway
318 projects. For the corporation’s bonding purposes, two or more of
319 such projects in the department’s approved work program may be
320 treated as a single project.
321 Section 12. Subsection (13) of section 339.0809, Florida
322 Statutes, is amended, and subsection (14) is added to that
323 section, to read:
324 339.0809 Florida Department of Transportation Financing
325 Corporation.—
326 (13) The department may enter into a service contract in
327 conjunction with the issuance of debt obligations as provided in
328 this section which provides for periodic payments for debt
329 service or other amounts payable with respect to debt
330 obligations, plus any administrative expenses of the Florida
331 Department of Transportation Financing Corporation. Funds
332 appropriated for payments under a service contract shall be
333 available after funds pledged to payment on bonds but before
334 other statutorily required distributions.
335 (14) The department may enter into a service contract to
336 finance the projects authorized in s. 215 of ch. 2023-239, Laws
337 of Florida, and in Budget Amendment EOG# 2024-B0112, and
338 subsequently adopted into the 5-year work program. Service
339 contract payments may not exceed 7 percent of the funds
340 deposited in the State Transportation Trust Fund in each fiscal
341 year. The annual payments under such service contract shall be
342 included in the department’s work program and legislative budget
343 request developed pursuant to s. 339.135. The department shall
344 ensure that the annual payments are programmed for the life of
345 the service contract before execution of the service contract
346 and shall remain programmed until fully paid.
347 Section 13. Subsection (8) is added to section 339.2818,
348 Florida Statutes, to read:
349 339.2818 Small County Outreach Program.—
350 (8) Subject to specific appropriation in addition to funds
351 appropriated for projects under this section, a local government
352 either wholly or partially within the Everglades Agricultural
353 Area as defined in s. 373.4592(15), the Peace River Basin, or
354 the Suwannee River Basin may compete for additional funding
355 using the criteria listed in paragraph (4)(c) at up to 100
356 percent of project costs on state or county roads used primarily
357 as farm-to-market connections between rural agricultural areas
358 and market distribution centers, excluding capacity improvement
359 projects.
360 Section 14. Subsection (6) of section 341.051, Florida
361 Statutes, is amended, paragraphs (c) and (d) are added to
362 subsection (2), and subsection (8) is added to that section, to
363 read:
364 341.051 Administration and financing of public transit and
365 intercity bus service programs and projects.—
366 (2) PUBLIC TRANSIT PLAN.—
367 (c) Any lane elimination or lane repurposing,
368 recommendation, or application relating to public transit
369 projects must be approved by a two-thirds vote of the transit
370 authority board in a public meeting with a 30-day public notice.
371 (d) Any action of eminent domain for acquisition of public
372 transit facilities carried out by a public transit provider must
373 be discussed by the public transit provider at a public meeting
374 with a 30-day public notice.
375 (6) ANNUAL APPROPRIATION.—Funds paid into the State
376 Transportation Trust Fund pursuant to s. 201.15 for the New
377 Starts Transit Program are hereby annually appropriated for
378 expenditure to support the New Starts Transit Program. The
379 remaining unallocated New Starts Transit Program funds as of
380 June 30 of each fiscal year shall be reallocated for the purpose
381 of the Strategic Intermodal System within the State
382 Transportation Trust Fund.
383 (8) EXTERIOR VEHICLE WRAP, TINTING, PAINT, MARKETING, AND
384 ADVERTISING.—
385 (a) As a condition of receiving funds from the department,
386 a public transit provider may not expend department funds for
387 marketing or advertising activities, including any wrap,
388 tinting, paint, or other medium displayed, attached, or affixed
389 on a bus, commercial motor vehicle, or motor vehicle that is
390 owned, leased, or operated by a public transit provider that is
391 limited to displaying a brand or logo of the public transit
392 provider, the official seal of the jurisdictional government
393 entity, or a state agency public service announcement.
394 (b) The department shall incorporate guidelines for the
395 activities allowed under paragraph (a) in the public
396 transportation grant agreement entered into with each public
397 transit provider.
398 (c) Any new wrap, tinting, paint, medium, or advertisement
399 on the passenger windows of a vehicle used by a public transit
400 provider may not be darker than the legally allowed window
401 tinting requirements as provided in s. 316.2954.
402
403 For purposes of this section, the term “net operating costs”
404 means all operating costs of a project less any federal funds,
405 fares, or other sources of income to the project.
406 Section 15. Subsection (4) is added to section 341.071,
407 Florida Statutes, to read:
408 341.071 Transit productivity and performance measures;
409 reports.—
410 (4)(a) As used in this subsection, the term:
411 1. “General administration costs” includes, but is not
412 limited to, costs related to transit service development,
413 injuries and damages, safety, personnel administration, legal
414 services, data processing, finance and accounting, purchasing
415 and stores, engineering, real estate management, office
416 management and services, customer service, promotion, market
417 research, and planning. The term does not include insurance
418 costs.
419 2. “Public transit provider” means a public agency
420 providing public transit service, including an authority created
421 pursuant to part II of chapter 343 or chapter 349. The term does
422 not include the Central Florida Commuter Rail or the authority
423 created pursuant to part I of chapter 343.
424 3. “Tier I provider” has the same meaning as in 49 C.F.R.
425 part 625.
426 4. “Tier II provider” has the same meaning as in 49 C.F.R.
427 part 625.
428 (b) Beginning November 1, 2024, and annually thereafter,
429 each public transit provider, during a publicly noticed meeting,
430 shall:
431 1. Certify that its budgeted and general administration
432 costs are not greater than 20 percent above the annual state
433 average of administrative costs for its respective tier.
434 2. Present a line-item budget report of its budgeted and
435 actual general administration costs.
436 3. Disclose all salaried executive and management level
437 employees’ total compensation packages, ridership performance
438 and metrics, and any gift as defined in s. 112.312 accepted in
439 exchange for contracts. This disclosure shall be posted annually
440 on the public transit provider’s website.
441 (c) To support compliance with paragraph (b), the
442 department shall determine, by tier, the annual state average of
443 administrative costs by determining the percentage of the total
444 operating budget that is expended on general administration
445 costs in this state annually by March 31 to inform the public
446 transit provider’s budget for the following fiscal year. Upon
447 review and certification by the department, costs budgeted and
448 expended in association with nontransit-related engineering and
449 construction services may be excluded.
450 (d) A year-over-year cumulative increase of 3 percent or
451 more in general administration costs must be reviewed before the
452 start of the next fiscal year and must be reviewed and approved
453 by the department before approval by the public transportation
454 provider’s governing board.
455 Section 16. Paragraph (a) of subsection (2) of section
456 341.822, Florida Statutes, is amended to read:
457 341.822 Powers and duties.—
458 (2)(a) In addition to the powers granted to the department,
459 the enterprise has full authority to exercise all powers granted
460 to it under this chapter. Powers shall include, but are not
461 limited to, the ability to plan, construct, maintain, repair,
462 and operate a high-speed rail system, to acquire corridors, and
463 to coordinate the development and operation of publicly funded
464 passenger rail systems in the state, and to preserve and acquire
465 future rail corridors and rights-of-way in coordination with the
466 department’s planning of the State Highway System.
467 Section 17. Subsection (6) of section 28.37, Florida
468 Statutes, is amended to read:
469 28.37 Fines, fees, service charges, and costs remitted to
470 the state.—
471 (6) Ten percent of all court-related fines collected by the
472 clerk, except for penalties or fines distributed to counties or
473 municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a) s.
474 318.18(15)(a), must be deposited into the fine and forfeiture
475 fund to be used exclusively for clerk court-related functions,
476 as provided in s. 28.35(3)(a).
477 Section 18. Paragraph (c) of subsection (1) of section
478 142.01, Florida Statutes, is amended to read:
479 142.01 Fine and forfeiture fund; disposition of revenue;
480 clerk of the circuit court.—
481 (1) There shall be established by the clerk of the circuit
482 court in each county of this state a separate fund to be known
483 as the fine and forfeiture fund for use by the clerk of the
484 circuit court in performing court-related functions. The fund
485 shall consist of the following:
486 (c) Court costs pursuant to ss. 28.2402(1)(b),
487 34.045(1)(b), 318.14(10)(b), 318.18(12)(a) 318.18(11)(a),
488 327.73(9)(a) and (11)(a), and 938.05(3).
489 Section 19. Subsection (4) of section 316.1951, Florida
490 Statutes, is amended to read:
491 316.1951 Parking for certain purposes prohibited; sale of
492 motor vehicles; prohibited acts.—
493 (4) A local government may adopt an ordinance to allow the
494 towing of a motor vehicle parked in violation of this section. A
495 law enforcement officer, compliance officer, code enforcement
496 officer from any local government agency, or supervisor of the
497 department may issue a citation and cause to be immediately
498 removed at the owner’s expense any motor vehicle found in
499 violation of subsection (1), except as provided in subsections
500 (2) and (3), or in violation of subsection (5), subsection (6),
501 subsection (7), or subsection (8), and the owner shall be
502 assessed a penalty as provided in s. 318.18(22) s. 318.18(21) by
503 the government agency or authority that orders immediate removal
504 of the motor vehicle. A motor vehicle removed under this section
505 shall not be released from an impound or towing and storage
506 facility before a release form prescribed by the department has
507 been completed verifying that the fine has been paid to the
508 government agency or authority that ordered immediate removal of
509 the motor vehicle. However, the owner may pay towing and storage
510 charges to the towing and storage facility pursuant to s. 713.78
511 before payment of the fine or before the release form has been
512 completed.
513 Section 20. Subsection (4) of section 316.306, Florida
514 Statutes, is amended to read:
515 316.306 School and work zones; prohibition on the use of a
516 wireless communications device in a handheld manner.—
517 (4)(a) Any person who violates this section commits a
518 noncriminal traffic infraction, punishable as a moving
519 violation, as provided in chapter 318, and shall have 3 points
520 assessed against his or her driver license as set forth in s.
521 322.27(3)(d)8. s. 322.27(3)(d)7. For a first offense under this
522 section, in lieu of the penalty specified in s. 318.18 and the
523 assessment of points, a person who violates this section may
524 elect to participate in a wireless communications device driving
525 safety program approved by the Department of Highway Safety and
526 Motor Vehicles. Upon completion of such program, the penalty
527 specified in s. 318.18 and associated costs may be waived by the
528 clerk of the court and the assessment of points must be waived.
529 (b) The clerk of the court may dismiss a case and assess
530 court costs in accordance with s. 318.18(12)(a) s. 318.18(11)(a)
531 for a nonmoving traffic infraction for a person who is cited for
532 a first time violation of this section if the person shows the
533 clerk proof of purchase of equipment that enables his or her
534 personal wireless communications device to be used in a hands
535 free manner.
536 Section 21. Subsection (7) of section 316.622, Florida
537 Statutes, is amended to read:
538 316.622 Farm labor vehicles.—
539 (7) A violation of this section is a noncriminal traffic
540 infraction, punishable as provided in s. 318.18(17) s.
541 318.18(16).
542 Section 22. Section 318.121, Florida Statutes, is amended
543 to read:
544 318.121 Preemption of additional fees, fines, surcharges,
545 and costs.—Notwithstanding any general or special law, or
546 municipal or county ordinance, additional fees, fines,
547 surcharges, or costs other than the court costs and surcharges
548 assessed under s. 318.18(12), (14), (19), (20), and (23) s.
549 318.18(11), (13), (18), (19), and (22) may not be added to the
550 civil traffic penalties assessed under this chapter.
551 Section 23. Subsections (13), (16) through (19), and (21)
552 of section 318.21, Florida Statutes, are amended to read:
553 318.21 Disposition of civil penalties by county courts.—All
554 civil penalties received by a county court pursuant to the
555 provisions of this chapter shall be distributed and paid monthly
556 as follows:
557 (13) Of the proceeds from the fine under s. 318.18(16) s.
558 318.18(15), $65 shall be remitted to the Department of Revenue
559 for deposit into the Administrative Trust Fund of the Department
560 of Health and the remaining $60 shall be distributed pursuant to
561 subsections (1) and (2).
562 (16) The proceeds from the fines described in s. 318.18(17)
563 s. 318.18(16) shall be remitted to the law enforcement agency
564 that issues the citation for a violation of s. 316.622. The
565 funds must be used for continued education and enforcement of s.
566 316.622 and other related safety measures contained in chapter
567 316.
568 (17) Notwithstanding subsections (1) and (2), the proceeds
569 from the administrative fee surcharge imposed under s.
570 318.18(18) s. 318.18(17) shall be distributed as provided in
571 that subsection. This subsection expires July 1, 2026.
572 (18) Notwithstanding subsections (1) and (2), the proceeds
573 from the administrative fee imposed under s. 318.18(19) s.
574 318.18(18) shall be distributed as provided in that subsection.
575 (19) Notwithstanding subsections (1) and (2), the proceeds
576 from the fees Article V assessment imposed under s. 318.18(20)
577 s. 318.18(19) shall be distributed as provided in that
578 subsection.
579 (21) Notwithstanding subsections (1) and (2), the proceeds
580 from the additional penalties imposed pursuant to s.
581 318.18(5)(c) and (21) (20) shall be distributed as provided in
582 that section.
583 Section 24. Subsection (1) of section 395.4036, Florida
584 Statutes, is amended to read:
585 395.4036 Trauma payments.—
586 (1) Recognizing the Legislature’s stated intent to provide
587 financial support to the current verified trauma centers and to
588 provide incentives for the establishment of additional trauma
589 centers as part of a system of state-sponsored trauma centers,
590 the department shall utilize funds collected under s. 318.18 and
591 deposited into the Emergency Medical Services Trust Fund of the
592 department to ensure the availability and accessibility of
593 trauma services throughout the state as provided in this
594 subsection.
595 (a) Funds collected under s. 318.18(16) s. 318.18(15) shall
596 be distributed as follows:
597 1. Twenty percent of the total funds collected during the
598 state fiscal year shall be distributed to verified trauma
599 centers that have a local funding contribution as of December
600 31. Distribution of funds under this subparagraph shall be based
601 on trauma caseload volume for the most recent calendar year
602 available.
603 2. Forty percent of the total funds collected shall be
604 distributed to verified trauma centers based on trauma caseload
605 volume for the most recent calendar year available. The
606 determination of caseload volume for distribution of funds under
607 this subparagraph shall be based on the hospital discharge data
608 for patients who meet the criteria for classification as a
609 trauma patient reported by each trauma center pursuant to s.
610 408.061.
611 3. Forty percent of the total funds collected shall be
612 distributed to verified trauma centers based on severity of
613 trauma patients for the most recent calendar year available. The
614 determination of severity for distribution of funds under this
615 subparagraph shall be based on the department’s International
616 Classification Injury Severity Scores or another statistically
617 valid and scientifically accepted method of stratifying a trauma
618 patient’s severity of injury, risk of mortality, and resource
619 consumption as adopted by the department by rule, weighted based
620 on the costs associated with and incurred by the trauma center
621 in treating trauma patients. The weighting of scores shall be
622 established by the department by rule.
623 (b) Funds collected under s. 318.18(5)(c) and (21) (20)
624 shall be distributed as follows:
625 1. Thirty percent of the total funds collected shall be
626 distributed to Level II trauma centers operated by a public
627 hospital governed by an elected board of directors as of
628 December 31, 2008.
629 2. Thirty-five percent of the total funds collected shall
630 be distributed to verified trauma centers based on trauma
631 caseload volume for the most recent calendar year available. The
632 determination of caseload volume for distribution of funds under
633 this subparagraph shall be based on the hospital discharge data
634 for patients who meet the criteria for classification as a
635 trauma patient reported by each trauma center pursuant to s.
636 408.061.
637 3. Thirty-five percent of the total funds collected shall
638 be distributed to verified trauma centers based on severity of
639 trauma patients for the most recent calendar year available. The
640 determination of severity for distribution of funds under this
641 subparagraph shall be based on the department’s International
642 Classification Injury Severity Scores or another statistically
643 valid and scientifically accepted method of stratifying a trauma
644 patient’s severity of injury, risk of mortality, and resource
645 consumption as adopted by the department by rule, weighted based
646 on the costs associated with and incurred by the trauma center
647 in treating trauma patients. The weighting of scores shall be
648 established by the department by rule.
649 Section 25. This act shall take effect July 1, 2024.
650
651 ================= T I T L E A M E N D M E N T ================
652 And the title is amended as follows:
653 Delete lines 12 - 77
654 and insert:
655 amending s. 316.1575, F.S.; revising provisions
656 requiring a person approaching a railroad-highway
657 grade crossing to stop within a certain distance from
658 the nearest rail; revising penalties; amending s.
659 316.1576, F.S.; revising circumstances under which a
660 person is prohibited from driving a vehicle through a
661 railroad-highway grade crossing; revising penalties;
662 amending s. 318.18, F.S.; revising the penalties for
663 certain offenses; amending s. 322.27, F.S.; revising
664 the point system for convictions for violations of
665 motor vehicle laws and ordinances; amending s.
666 334.046, F.S.; revising provisions relating to the
667 department’s mission, goals, and objectives; creating
668 s. 334.61, F.S.; requiring a governmental entity that
669 proposes a certain project to conduct a traffic study;
670 requiring notice to affected property owners, impacted
671 municipalities, and counties in which the project is
672 located within a specified timeframe; providing notice
673 requirements; requiring such governmental entity to
674 hold a public meeting before completion of the design
675 phase of such project; providing requirements for such
676 public meeting; requiring such governmental entity to
677 review and take into consideration comments and
678 alternatives presented in such public meeting in the
679 final project design; amending s. 338.231, F.S.;
680 revising the time period for which a prepaid toll
681 account must remain inactive in order to be presumed
682 unclaimed; amending s. 339.08, F.S.; prohibiting the
683 department from expending certain state funds to
684 support certain projects or programs; amending s.
685 339.0803, F.S.; prioritizing availability of certain
686 revenues deposited into the State Transportation Trust
687 Fund for payments under service contracts with the
688 Florida Department of Transportation Financing
689 Corporation to fund arterial highway projects;
690 authorizing two or more of such projects to be treated
691 as a single project for certain purposes; amending s.
692 339.0809, F.S.; specifying priority of availability of
693 funds appropriated for payments under a service
694 contract with the corporation; authorizing the
695 department to enter into service contracts to finance
696 certain projects; providing requirements for annual
697 service contract payments; amending s. 339.2818, F.S.;
698 authorizing certain local governments, subject to
699 appropriation, to compete for additional funding for
700 certain county roads; amending s. 341.051, F.S.;
701 providing voting and meeting notice requirements for
702 specified public transit projects; providing meeting
703 notice requirements for discussion of specified
704 actions by a public transit provider; requiring
705 certain unallocated funds for the New Starts Transit
706 Program to be reallocated for the purpose of the
707 Strategic Intermodal System; limiting the displays a
708 public transit provider, as a condition of receiving
709 state funds, may display on certain vehicles;
710 requiring the department to incorporate guidelines in
711 the public transportation grant agreement entered into
712 with each public transit provider; prohibiting certain
713 media on passenger windows of public transit provider
714 vehicles from being darker than certain window tinting
715 requirements; amending s. 341.071, F.S.; providing
716 definitions; requiring each public transit provider to
717 annually certify that its budgeted and general
718 administration costs do not exceed the annual state
719 average of administrative costs by more than a certain
720 percentage, to annually present a specified budget
721 report, and to annually post a specified disclosure on
722 its website; specifying the method by which the
723 department is required to determine a certain annual
724 state average; requiring a specified increase in
725 general administration costs to be reviewed and
726 approved by certain entities; amending s. 341.822,
727 F.S.; revising powers of the Florida Rail Enterprise;
728 amending ss. 28.37, 142.01, 316.1951, 316.306,
729 316.622, 318.121, 318.21, and 395.4036, F.S.;
730 conforming cross-references; conforming provisions to
731 changes made by the act;