| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to speed limit enforcement on state roads; |
| 7 | creating s. 316.1893, F.S.; providing legislative intent; |
| 8 | providing for establishment by the Department of |
| 9 | Transportation of enhanced penalty zones on state roads; |
| 10 | authorizing the department to set speed limits within |
| 11 | those zones; directing the department to adopt a uniform |
| 12 | system of traffic control devices to be used within the |
| 13 | zones; prohibiting operation of a vehicle at a speed |
| 14 | greater than that posted in the enhanced penalty zone; |
| 15 | directing the Department of Highway Safety and Motor |
| 16 | Vehicles to tabulate citations issued within enhanced |
| 17 | penalty zones and make available certain information; |
| 18 | directing the Department of Transportation, the Department |
| 19 | of Highway Safety and Motor Vehicles, and the Department |
| 20 | of Education to conduct a study and report to the Governor |
| 21 | and the Legislature for certain purposes; amending s. |
| 22 | 318.18, F.S.; removing a condition for an increased |
| 23 | penalty for violation of posted speed in a construction |
| 24 | zone; providing penalties for violation of posted speed in |
| 25 | an enhanced penalty zone; providing for distribution of |
| 26 | moneys collected; amending s. 318.21, F.S.; correcting |
| 27 | cross-references to conform to changes made by the act; |
| 28 | reenacting ss. 318.14(2), (5), and (9), 318.15(1)(a) and |
| 29 | (2), 318.21(7), 402.40(4)(b), and 985.406(4)(b), F.S., |
| 30 | relating to noncriminal traffic infraction procedures, |
| 31 | failure to comply with civil penalty or to appear, |
| 32 | disposition of civil penalties by county courts, child |
| 33 | welfare training, and juvenile justice training academies, |
| 34 | respectively, for the purpose of incorporating the |
| 35 | amendment made to s. 318.18, F.S., in references thereto; |
| 36 | providing an effective date. |
| 37 |
|
| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
|
| 40 | Section 1. Section 316.1893, Florida Statutes, is created |
| 41 | to read: |
| 42 | 316.1893 Establishment of enhanced penalty zones; |
| 43 | designation.-- |
| 44 | (1) It is the intent of the Legislature to prevent |
| 45 | vehicular fatalities by prioritizing enforcement on segments of |
| 46 | highways that have a high incidence of fatalities. Enforcement |
| 47 | shall also be prioritized during the times that fatalities most |
| 48 | often occur. The enforcement of these zones shall be in a way |
| 49 | that maximizes public safety. |
| 50 | (2) No later than July 1, 2008, the Department of |
| 51 | Transportation shall identify enhanced penalty zones on state |
| 52 | roads where there is a high incidence of fatalities. |
| 53 | (3) The Department of Transportation, pursuant to the |
| 54 | authority granted under s. 316.187, is authorized to set such |
| 55 | maximum and minimum speed limits for travel within enhanced |
| 56 | penalty zones as it deems safe and advisable. |
| 57 | (4) The Department of Transportation shall adopt a uniform |
| 58 | system of traffic control devices for use in conjunction with |
| 59 | enhanced penalty zones pursuant to the authority granted under |
| 60 | s. 316.0745. |
| 61 | (5) A person may not drive a vehicle on a roadway |
| 62 | designated as an enhanced penalty zone at a speed greater than |
| 63 | that posted in the enhanced penalty zone in accordance with this |
| 64 | section. A person who violates the speed limit within a legally |
| 65 | posted enhanced penalty zone established under this section |
| 66 | commits a moving violation, punishable as provided in chapter |
| 67 | 318. |
| 68 | (6) The Department of Highway Safety and Motor Vehicles |
| 69 | shall annually publish the date, time, and number of citations |
| 70 | issued both in and outside enhanced penalty zones and shall make |
| 71 | available statistical information based thereon as to the number |
| 72 | and circumstances of traffic citations inside an enhanced |
| 73 | penalty zone. |
| 74 | Section 2. The Department of Transportation, the |
| 75 | Department of Highway Safety and Motor Vehicles, and the |
| 76 | Department of Education shall jointly conduct a study of highway |
| 77 | safety and transportation issues as they relate to public |
| 78 | safety, including, but not limited to, engineering, enforcement, |
| 79 | and policy, to identify measurable improvements to reduce |
| 80 | highway traffic fatalities by one-third of the 2005 traffic |
| 81 | death statistics. The results of the study shall be presented to |
| 82 | the Governor, the President of the Senate, and the Speaker of |
| 83 | the House of Representatives no later than July 1, 2007, for a |
| 84 | public hearing and development of legislative recommendations. |
| 85 | Section 3. Paragraph (d) of subsection (3) of section |
| 86 | 318.18, Florida Statutes, is amended, paragraphs (e) and (f) of |
| 87 | that subsection are redesignated as paragraphs (f) and (g), |
| 88 | respectively, and a new paragraph (e) is added to that |
| 89 | subsection, to read: |
| 90 | 318.18 Amount of civil penalties.--The penalties required |
| 91 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 92 | follows: |
| 93 | (3) |
| 94 | (d) A person cited for exceeding the speed limit in a |
| 95 | posted construction zone shall pay a fine double the amount |
| 96 | listed in paragraph (b). The fine shall be doubled for |
| 97 | construction zone violations only if construction personnel are |
| 98 | present or operating equipment on the road or immediately |
| 99 | adjacent to the road under construction. |
| 100 | (e) A person cited for exceeding the speed limit in an |
| 101 | enhanced penalty zone shall pay a fine amount of $50 plus the |
| 102 | amount listed in paragraph (b). Notwithstanding paragraph (b), a |
| 103 | person cited for exceeding the speed limit by up to 5 m.p.h. in |
| 104 | a legally posted enhanced penalty zone shall pay a fine amount |
| 105 | of $50. |
| 106 | 1. Fifty percent of the moneys received from the enhanced |
| 107 | fine imposed by this paragraph shall be remitted to the |
| 108 | Department of Revenue and deposited into the Department of |
| 109 | Health Administrative Trust Fund to provide financial support to |
| 110 | certified trauma centers to ensure the availability and |
| 111 | accessibility of trauma services throughout the state. Funds |
| 112 | deposited into the Administrative Trust Fund under this |
| 113 | paragraph shall be allocated as follows: |
| 114 | a. Fifty percent shall be allocated equally among all |
| 115 | Level I, Level II, and pediatric trauma centers in recognition |
| 116 | of readiness costs for maintaining trauma services. |
| 117 | b. Fifty percent shall be allocated among Level I, Level |
| 118 | II, and pediatric trauma centers based on each center's relative |
| 119 | volume of trauma cases as reported in the Department of Health |
| 120 | Trauma Registry. |
| 121 | 2. The remainder of the enhanced fine moneys imposed by |
| 122 | this paragraph shall be remitted for disposition under s. |
| 123 | 318.21. |
| 124 | Section 4. Subsections (4) and (5) of section 318.21, |
| 125 | Florida Statutes, are amended to read: |
| 126 | 318.21 Disposition of civil penalties by county |
| 127 | courts.--All civil penalties received by a county court pursuant |
| 128 | to the provisions of this chapter shall be distributed and paid |
| 129 | monthly as follows: |
| 130 | (4) Of the additional fine assessed under s. |
| 131 | 318.18(3)(f)(e) for a violation of s. 316.1301, 40 percent must |
| 132 | be remitted to the Department of Revenue for deposit in the |
| 133 | Grants and Donations Trust Fund of the Division of Blind |
| 134 | Services of the Department of Education, and 60 percent must be |
| 135 | distributed pursuant to subsections (1) and (2). |
| 136 | (5) Of the additional fine assessed under s. |
| 137 | 318.18(3)(f)(e) for a violation of s. 316.1303, 60 percent must |
| 138 | be remitted to the Department of Revenue for deposit in the |
| 139 | endowment fund for the Florida Endowment Foundation for |
| 140 | Vocational Rehabilitation, and 40 percent must be distributed |
| 141 | pursuant to subsections (1) and (2) of this section. |
| 142 | Section 5. For the purpose of incorporating the amendment |
| 143 | made by this act to section 318.18, Florida Statutes, in |
| 144 | references thereto, subsections (2), (5), and (9) of section |
| 145 | 318.14, Florida Statutes, are reenacted to read: |
| 146 | 318.14 Noncriminal traffic infractions; exception; |
| 147 | procedures.-- |
| 148 | (2) Except as provided in s. 316.1001(2), any person cited |
| 149 | for an infraction under this section must sign and accept a |
| 150 | citation indicating a promise to appear. The officer may |
| 151 | indicate on the traffic citation the time and location of the |
| 152 | scheduled hearing and must indicate the applicable civil penalty |
| 153 | established in s. 318.18. |
| 154 | (5) Any person electing to appear before the designated |
| 155 | official or who is required so to appear shall be deemed to have |
| 156 | waived his or her right to the civil penalty provisions of s. |
| 157 | 318.18. The official, after a hearing, shall make a |
| 158 | determination as to whether an infraction has been committed. If |
| 159 | the commission of an infraction has been proven, the official |
| 160 | may impose a civil penalty not to exceed $500, except that in |
| 161 | cases involving unlawful speed in a school zone or involving |
| 162 | unlawful speed in a construction zone, the civil penalty may not |
| 163 | exceed $1,000; or require attendance at a driver improvement |
| 164 | school, or both. If the person is required to appear before the |
| 165 | designated official pursuant to s. 318.19(1) and is found to |
| 166 | have committed the infraction, the designated official shall |
| 167 | impose a civil penalty of $1,000 in addition to any other |
| 168 | penalties and the person's driver's license shall be suspended |
| 169 | for 6 months. If the person is required to appear before the |
| 170 | designated official pursuant to s. 318.19(2) and is found to |
| 171 | have committed the infraction, the designated official shall |
| 172 | impose a civil penalty of $500 in addition to any other |
| 173 | penalties and the person's driver's license shall be suspended |
| 174 | for 3 months. If the official determines that no infraction has |
| 175 | been committed, no costs or penalties shall be imposed and any |
| 176 | costs or penalties that have been paid shall be returned. Moneys |
| 177 | received from the mandatory civil penalties imposed pursuant to |
| 178 | this subsection upon persons required to appear before a |
| 179 | designated official pursuant to s. 318.19(1) or (2) shall be |
| 180 | remitted to the Department of Revenue and deposited into the |
| 181 | Department of Health Administrative Trust Fund to provide |
| 182 | financial support to certified trauma centers to assure the |
| 183 | availability and accessibility of trauma services throughout the |
| 184 | state. Funds deposited into the Administrative Trust Fund under |
| 185 | this section shall be allocated as follows: |
| 186 | (a) Fifty percent shall be allocated equally among all |
| 187 | Level I, Level II, and pediatric trauma centers in recognition |
| 188 | of readiness costs for maintaining trauma services. |
| 189 | (b) Fifty percent shall be allocated among Level I, Level |
| 190 | II, and pediatric trauma centers based on each center's relative |
| 191 | volume of trauma cases as reported in the Department of Health |
| 192 | Trauma Registry. |
| 193 | (9) Any person who does not hold a commercial driver's |
| 194 | license and who is cited for an infraction under this section |
| 195 | other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), |
| 196 | s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu |
| 197 | of a court appearance, elect to attend in the location of his or |
| 198 | her choice within this state a basic driver improvement course |
| 199 | approved by the Department of Highway Safety and Motor Vehicles. |
| 200 | In such a case, adjudication must be withheld; points, as |
| 201 | provided by s. 322.27, may not be assessed; and the civil |
| 202 | penalty that is imposed by s. 318.18(3) must be reduced by 18 |
| 203 | percent; however, a person may not make an election under this |
| 204 | subsection if the person has made an election under this |
| 205 | subsection in the preceding 12 months. A person may make no more |
| 206 | than five elections under this subsection. The requirement for |
| 207 | community service under s. 318.18(8) is not waived by a plea of |
| 208 | nolo contendere or by the withholding of adjudication of guilt |
| 209 | by a court. |
| 210 | Section 6. For the purpose of incorporating the amendment |
| 211 | made by this act to section 318.18, Florida Statutes, in |
| 212 | references thereto, paragraph (a) of subsection (1) and |
| 213 | subsection (2) of section 318.15, Florida Statutes, are |
| 214 | reenacted to read: |
| 215 | 318.15 Failure to comply with civil penalty or to appear; |
| 216 | penalty.-- |
| 217 | (1)(a) If a person fails to comply with the civil |
| 218 | penalties provided in s. 318.18 within the time period specified |
| 219 | in s. 318.14(4), fails to attend driver improvement school, or |
| 220 | fails to appear at a scheduled hearing, the clerk of the court |
| 221 | shall notify the Division of Driver Licenses of the Department |
| 222 | of Highway Safety and Motor Vehicles of such failure within 10 |
| 223 | days after such failure. Upon receipt of such notice, the |
| 224 | department shall immediately issue an order suspending the |
| 225 | driver's license and privilege to drive of such person effective |
| 226 | 20 days after the date the order of suspension is mailed in |
| 227 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
| 228 | of the driving privilege which has not been reinstated, |
| 229 | including a similar suspension imposed outside Florida, shall |
| 230 | remain on the records of the department for a period of 7 years |
| 231 | from the date imposed and shall be removed from the records |
| 232 | after the expiration of 7 years from the date it is imposed. |
| 233 | (2) After suspension of the driver's license and privilege |
| 234 | to drive of a person under subsection (1), the license and |
| 235 | privilege may not be reinstated until the person complies with |
| 236 | all obligations and penalties imposed on him or her under s. |
| 237 | 318.18 and presents to a driver license office a certificate of |
| 238 | compliance issued by the court, together with a nonrefundable |
| 239 | service charge of up to $47.50 imposed under s. 322.29, or |
| 240 | presents a certificate of compliance and pays the aforementioned |
| 241 | service charge of up to $47.50 to the clerk of the court or tax |
| 242 | collector clearing such suspension. Of the charge collected by |
| 243 | the clerk of the court or the tax collector, $10 shall be |
| 244 | remitted to the Department of Revenue to be deposited into the |
| 245 | Highway Safety Operating Trust Fund. Such person shall also be |
| 246 | in compliance with requirements of chapter 322 prior to |
| 247 | reinstatement. |
| 248 | Section 7. For the purpose of incorporating the amendment |
| 249 | made by this act to section 318.18, Florida Statutes, in a |
| 250 | reference thereto, subsection (7) of section 318.21, Florida |
| 251 | Statutes, is reenacted to read: |
| 252 | 318.21 Disposition of civil penalties by county |
| 253 | courts.--All civil penalties received by a county court pursuant |
| 254 | to the provisions of this chapter shall be distributed and paid |
| 255 | monthly as follows: |
| 256 | (7) For fines assessed under s. 318.18(3) for unlawful |
| 257 | speed, the following amounts must be remitted to the Department |
| 258 | of Revenue for deposit in the Nongame Wildlife Trust Fund: |
| 259 |
|
| 260 | For speed exceeding the limit by: Fine: |
| 261 | 1-5 m.p.h. $ .00 |
| 262 | 6-9 m.p.h. $ .25 |
| 263 | 10-14 m.p.h. $ 3.00 |
| 264 | 15-19 m.p.h. $ 4.00 |
| 265 | 20-29 m.p.h. $ 5.00 |
| 266 | 30 m.p.h. and above. $10.00 |
| 267 |
|
| 268 | The remaining amount must be distributed pursuant to subsections |
| 269 | (1) and (2). |
| 270 | Section 8. For the purpose of incorporating the amendment |
| 271 | made by this act to section 318.18, Florida Statutes, in a |
| 272 | reference thereto, paragraph (b) of subsection (4) of section |
| 273 | 402.40, Florida Statutes, is reenacted to read: |
| 274 | 402.40 Child welfare training.-- |
| 275 | (4) CHILD WELFARE TRAINING TRUST FUND.-- |
| 276 | (b) One dollar from every noncriminal traffic infraction |
| 277 | collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be |
| 278 | deposited into the Child Welfare Training Trust Fund. |
| 279 | Section 9. For the purpose of incorporating the amendment |
| 280 | made by this act to section 318.18, Florida Statutes, in a |
| 281 | reference thereto, paragraph (b) of subsection (4) of section |
| 282 | 985.406, Florida Statutes, is reenacted to read: |
| 283 | 985.406 Juvenile justice training academies established; |
| 284 | Juvenile Justice Standards and Training Commission created; |
| 285 | Juvenile Justice Training Trust Fund created.-- |
| 286 | (4) JUVENILE JUSTICE TRAINING TRUST FUND.-- |
| 287 | (b) One dollar from every noncriminal traffic infraction |
| 288 | collected pursuant to ss. 318.14(10)(b) and 318.18 shall be |
| 289 | deposited into the Juvenile Justice Training Trust Fund. |
| 290 | Section 10. This act shall take effect July 1, 2006. |