Florida Senate - 2026                                    SB 1054
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00608B-26                                          20261054__
    1                        A bill to be entitled                      
    2         An act relating to traffic infractions resulting in a
    3         crash with another vehicle; amending s. 318.14, F.S.;
    4         requiring the imposition of specified civil penalties
    5         and periods of driver license suspension on a person
    6         found at a mandatory hearing to have committed certain
    7         traffic infractions that resulted in a crash with
    8         another vehicle, in addition to any other penalties;
    9         amending s. 318.19, F.S.; requiring persons cited for
   10         specified infractions that result in a crash with
   11         another vehicle to appear at a certain mandatory
   12         hearing; amending s. 324.023, F.S.; requiring certain
   13         owners and operators of motor vehicles to establish
   14         and maintain the ability to respond in damages for
   15         liability on account of certain accidents; revising
   16         the specified minimum period during which certain
   17         owners and operators of motor vehicles are required to
   18         maintain the ability to respond in damages for certain
   19         liability in certain amounts; providing an effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (5) of section 318.14, Florida
   25  Statutes, is amended to read:
   26         318.14 Noncriminal traffic infractions; exception;
   27  procedures.—
   28         (5) A Any person who elects electing to appear before the
   29  designated official or who is required to appear is shall be
   30  deemed to have waived his or her right to the civil penalty
   31  provisions of s. 318.18. The official, after a hearing, shall
   32  make a determination as to whether an infraction has been
   33  committed. If the commission of an infraction has been proven,
   34  the official may impose a civil penalty not to exceed $500,
   35  except that in cases involving unlawful speed in a school zone
   36  or involving unlawful speed in a construction zone, the civil
   37  penalty may not exceed $1,000; or require attendance at a driver
   38  improvement school, or both. If the person is required to appear
   39  before the designated official pursuant to s. 318.19(1) and is
   40  found to have committed the infraction, the designated official
   41  must shall impose a civil penalty of $1,000 in addition to any
   42  other penalties and the person’s driver license must shall be
   43  suspended for 6 months. If the person is required to appear
   44  before the designated official pursuant to s. 318.19(1) and is
   45  found to have committed the infraction against a vulnerable road
   46  user as defined in s. 316.027(1), the designated official must
   47  shall impose a civil penalty of not less than $5,000 in addition
   48  to any other penalties, the person’s driver license must shall
   49  be suspended for 1 year, and the person must shall be required
   50  to attend a department-approved driver improvement course
   51  relating to the rights of vulnerable road users relative to
   52  vehicles on the roadway as provided in s. 322.0261(2). If the
   53  person is required to appear before the designated official
   54  pursuant to s. 318.19(2) and is found to have committed the
   55  infraction, the designated official must shall impose a civil
   56  penalty of $500 in addition to any other penalties and the
   57  person’s driver license must shall be suspended for 3 months. If
   58  the person is required to appear before the designated official
   59  pursuant to s. 318.19(2) and is found to have committed the
   60  infraction against a vulnerable road user as defined in s.
   61  316.027(1), the designated official must shall impose a civil
   62  penalty of not less than $1,500 in addition to any other
   63  penalties, the person’s driver license must shall be suspended
   64  for 3 months, and the person must shall be required to attend a
   65  department-approved driver improvement course relating to the
   66  rights of vulnerable road users relative to vehicles on the
   67  roadway as provided in s. 322.0261(2). If the person is required
   68  to appear before the designated official pursuant to s.
   69  318.19(7) and is found to have committed an infraction of s.
   70  316.074(1) or s. 316.123(2) which resulted in a crash with
   71  another vehicle as defined in s. 316.003, the designated
   72  official must impose a civil penalty of $500 in addition to any
   73  other penalties. If the person is required to appear before the
   74  designated official pursuant to s. 318.19(7) for an infraction
   75  and is found to have committed a second infraction of s.
   76  316.074(1) or s. 316.123(2) which resulted in a crash with
   77  another vehicle as defined in s. 316.003, the designated
   78  official must impose a civil penalty of $1,000 in addition to
   79  any other penalties and the person’s driver license must be
   80  suspended for 6 months. If the person is required to appear
   81  before the designated official pursuant to s. 318.19(7) for an
   82  infraction and is found to have committed a third or subsequent
   83  infraction of s. 316.074(1) or s. 316.123(2) which resulted in a
   84  crash with another vehicle as defined in s. 316.003, the
   85  designated official must impose a civil penalty of $1,000 in
   86  addition to any other penalties and the person’s driver license
   87  must be suspended for 1 year. If the official determines that no
   88  infraction has been committed, no costs or penalties may shall
   89  be imposed and any costs or penalties that have been paid must
   90  shall be returned. Moneys received from the mandatory civil
   91  penalties imposed pursuant to this subsection upon persons
   92  required to appear before a designated official pursuant to s.
   93  318.19(1) or (2) shall be remitted to the Department of Revenue
   94  and deposited into the Department of Health Emergency Medical
   95  Services Trust Fund to provide financial support to certified
   96  trauma centers to assure the availability and accessibility of
   97  trauma services throughout the state. Funds deposited into the
   98  Emergency Medical Services Trust Fund under this section shall
   99  be allocated as follows:
  100         (a) Fifty percent shall be allocated equally among all
  101  Level I, Level II, and pediatric trauma centers in recognition
  102  of readiness costs for maintaining trauma services.
  103         (b) Fifty percent shall be allocated among Level I, Level
  104  II, and pediatric trauma centers based on each center’s relative
  105  volume of trauma cases as calculated using the hospital
  106  discharge data collected pursuant to s. 408.061.
  107         Section 2. Section 318.19, Florida Statutes, is amended to
  108  read:
  109         318.19 Infractions requiring a mandatory hearing.—Any
  110  person cited for the infractions listed in this section does
  111  shall not have the provisions of s. 318.14(2), (4), and (9)
  112  available to him or her but must appear before the designated
  113  official at the time and location of the scheduled hearing:
  114         (1) Any infraction which results in a crash that causes the
  115  death of another;
  116         (2) Any infraction which results in a crash that causes
  117  “serious bodily injury” of another as defined in s. 316.1933(1);
  118         (3) Any infraction of s. 316.172(1)(b);
  119         (4) Any infraction of s. 316.520(1) or (2);
  120         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  121  316.189 of exceeding the speed limit by 30 mph or more; or
  122         (6) Any infraction of s. 316.1926(2); or
  123         (7) Any infraction of s. 316.074(1) or s. 316.123(2) which
  124  results in a crash with another vehicle as defined in s.
  125  316.003.
  126         Section 3. Section 324.023, Florida Statutes, is amended to
  127  read:
  128         324.023 Financial responsibility for bodily injury or
  129  death.—
  130         (1) In addition to any other financial responsibility
  131  required by law, every owner or operator of a motor vehicle that
  132  is required to be registered in this state, or that is located
  133  within this state, and who:,
  134         (a) Regardless of adjudication of guilt, has been found
  135  guilty of or entered a plea of guilty or nolo contendere to a
  136  charge of driving under the influence under s. 316.193 after
  137  October 1, 2007; or
  138         (b) Is found to have committed an infraction of s.
  139  316.075(1)(c) or s. 316.123(2) which resulted in a crash with
  140  another vehicle as defined in s. 316.003,
  141  
  142  shall, by one of the methods established in s. 324.031(1) or
  143  (2), establish and maintain the ability to respond in damages
  144  for liability on account of accidents arising out of the use of
  145  a motor vehicle in the amount of $100,000 because of bodily
  146  injury to, or death of, one person in any one crash and, subject
  147  to such limits for one person, in the amount of $300,000 because
  148  of bodily injury to, or death of, two or more persons in any one
  149  crash and in the amount of $50,000 because of property damage in
  150  any one crash. If the owner or operator chooses to establish and
  151  maintain such ability by furnishing a certificate of deposit
  152  pursuant to s. 324.031(2), such certificate of deposit must be
  153  at least $350,000. Such higher limits must be carried for a
  154  minimum period of 1 year 3 years.
  155         (2) If an the owner or operator required to establish and
  156  maintain such ability under paragraph (1)(a) has not been
  157  convicted of driving under the influence or a felony traffic
  158  offense for a period of 3 years from the date of reinstatement
  159  of driving privileges for a violation of s. 316.193, the owner
  160  or operator is shall be exempt from this section.
  161         Section 4. This act shall take effect October 1, 2026.