| 1 | The State Infrastructure Council recommends the following: | 
| 2 | 
 | 
| 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 | creating a pilot program for establishment by the | 
| 9 | Department of Transportation of enhanced penalty zones on | 
| 10 | state roads in certain counties; providing for future | 
| 11 | review and repeal of the pilot program; authorizing the | 
| 12 | department to set speed limits within enhanced penalty | 
| 13 | zones; directing the department to adopt a uniform system | 
| 14 | of traffic control devices to be used within the zones; | 
| 15 | prohibiting operation of a vehicle at a speed greater than | 
| 16 | that posted in the enhanced penalty zone; directing the | 
| 17 | Department of Highway Safety and Motor Vehicles to | 
| 18 | tabulate citations issued within enhanced penalty zones | 
| 19 | and make available certain information; directing the | 
| 20 | Department of Transportation, the Department of Highway | 
| 21 | Safety and Motor Vehicles, and the Department of Education | 
| 22 | to conduct a study and report to the Governor and the | 
| 23 | Legislature for certain purposes; amending s. 318.18, | 
| 24 | F.S.; specifying criteria for posting in a construction | 
| 25 | zone; providing penalties for violation of posted speed in | 
| 26 | an enhanced penalty zone; amending s. 318.21, F.S.; | 
| 27 | correcting cross-references to conform to changes made by | 
| 28 | the act; providing for disposition of fines collected; | 
| 29 | reenacting ss. 318.14(2), (5), and (9), 318.15(1)(a) and | 
| 30 | (2), 318.21(7), 402.40(4)(b), and 985.406(4)(b), F.S., | 
| 31 | relating to noncriminal traffic infraction procedures, | 
| 32 | failure to comply with civil penalty or to appear, | 
| 33 | disposition of civil penalties by county courts, child | 
| 34 | welfare training, and juvenile justice training academies, | 
| 35 | respectively, for the purpose of incorporating the | 
| 36 | amendment made to s. 318.18, F.S., in references thereto; | 
| 37 | providing an effective date. | 
| 38 | 
 | 
| 39 | Be It Enacted by the Legislature of the State of Florida: | 
| 40 | 
 | 
| 41 | Section 1.  Section 316.1893, Florida Statutes, is created | 
| 42 | to read: | 
| 43 | 316.1893  Establishment of enhanced penalty zones; | 
| 44 | designation.-- | 
| 45 | (1)  It is the intent of the Legislature to prevent | 
| 46 | vehicular fatalities by prioritizing enforcement on segments of | 
| 47 | highways that have a high incidence of speeding-related crashes. | 
| 48 | Enforcement shall also be prioritized during the times that | 
| 49 | speeding-related crashes most often occur. The enforcement of | 
| 50 | these zones shall be in a way that maximizes public safety. | 
| 51 | (2)  No later than July 1, 2007, the Department of | 
| 52 | Transportation shall identify enhanced penalty zones on state | 
| 53 | roads in Brevard, Duval, and Palm Beach Counties as a pilot | 
| 54 | program in an effort to reduce speeding-related crashes on state | 
| 55 | roads. This pilot program shall stand repealed July 1, 2010, | 
| 56 | unless reviewed and saved from repeal through reenactment by the | 
| 57 | Legislature. | 
| 58 | (3)  The Department of Transportation, pursuant to the | 
| 59 | authority granted under s. 316.187, is authorized to set such | 
| 60 | maximum and minimum speed limits for travel within enhanced | 
| 61 | penalty zones as it deems safe and advisable. | 
| 62 | (4)  The Department of Transportation shall adopt a uniform | 
| 63 | system of traffic control devices for use in conjunction with | 
| 64 | enhanced penalty zones pursuant to the authority granted under | 
| 65 | s. 316.0745. | 
| 66 | (5)  A person may not drive a vehicle on a roadway | 
| 67 | designated as an enhanced penalty zone at a speed greater than | 
| 68 | that posted in the enhanced penalty zone in accordance with this | 
| 69 | section. A person who violates the speed limit within a legally | 
| 70 | posted enhanced penalty zone established under this section | 
| 71 | commits a moving violation, punishable as provided in chapter | 
| 72 | 318. | 
| 73 | (6)  The Department of Highway Safety and Motor Vehicles | 
| 74 | shall annually publish the date, time, and number of citations | 
| 75 | issued both in and outside enhanced penalty zones and shall make | 
| 76 | available statistical information based thereon as to the number | 
| 77 | and circumstances of traffic citations inside an enhanced | 
| 78 | penalty zone. | 
| 79 | Section 2.  The Department of Transportation, the | 
| 80 | Department of Highway Safety and Motor Vehicles, and the | 
| 81 | Department of Education shall jointly conduct a study of highway | 
| 82 | safety and transportation issues as they relate to public | 
| 83 | safety, including, but not limited to, engineering, enforcement, | 
| 84 | and policy, to identify measurable improvements to reduce | 
| 85 | highway traffic fatalities by one-third of the 2005 traffic | 
| 86 | death statistics. The results of the study shall be presented to | 
| 87 | the Governor, the President of the Senate, and the Speaker of | 
| 88 | the House of Representatives no later than July 1, 2007, for a | 
| 89 | public hearing and development of legislative recommendations. | 
| 90 | Section 3.  Paragraph (d) of subsection (3) of section | 
| 91 | 318.18, Florida Statutes, is amended, paragraphs (e) and (f) of | 
| 92 | that subsection are redesignated as paragraphs (f) and (g), | 
| 93 | respectively, and a new paragraph (e) is added to that | 
| 94 | subsection, to read: | 
| 95 | 318.18  Amount of civil penalties.--The penalties required | 
| 96 | for a noncriminal disposition pursuant to s. 318.14 are as | 
| 97 | follows: | 
| 98 | (3) | 
| 99 | (d)  A person cited for exceeding the speed limit in a | 
| 100 | posted construction zone, which posting must include | 
| 101 | notification of the speed limit and the doubling of fines, shall | 
| 102 | pay a fine double the amount listed in paragraph (b). The fine | 
| 103 | shall be doubled for construction zone violations only if | 
| 104 | construction personnel are present or operating equipment on the | 
| 105 | road or immediately adjacent to the road under construction. | 
| 106 | (e)  A person cited for exceeding the speed limit in an | 
| 107 | enhanced penalty zone shall pay a fine amount of $50 plus the | 
| 108 | amount listed in paragraph (b). Notwithstanding paragraph (b), a | 
| 109 | person cited for exceeding the speed limit by up to 5 m.p.h. in | 
| 110 | a legally posted enhanced penalty zone shall pay a fine amount | 
| 111 | of $50. | 
| 112 | Section 4.  Subsections (4) and (5) of section 318.21, | 
| 113 | Florida Statutes, are amended, and subsection (15) is added to | 
| 114 | that section, to read: | 
| 115 | 318.21  Disposition of civil penalties by county | 
| 116 | courts.--All civil penalties received by a county court pursuant | 
| 117 | to the provisions of this chapter shall be distributed and paid | 
| 118 | monthly as follows: | 
| 119 | (4)  Of the additional fine assessed under s. | 
| 120 | 318.18(3)(f) (e)for a violation of s. 316.1301, 40 percent must | 
| 121 | be remitted to the Department of Revenue for deposit in the | 
| 122 | Grants and Donations Trust Fund of the Division of Blind | 
| 123 | Services of the Department of Education, and 60 percent must be | 
| 124 | distributed pursuant to subsections (1) and (2). | 
| 125 | (5)  Of the additional fine assessed under s. | 
| 126 | 318.18(3)(f) (e)for a violation of s. 316.1303, 60 percent must | 
| 127 | be remitted to the Department of Revenue for deposit in the | 
| 128 | endowment fund for the Florida Endowment Foundation for | 
| 129 | Vocational Rehabilitation, and 40 percent must be distributed | 
| 130 | pursuant to subsections (1) and (2) of this section. | 
| 131 | (15)  Of the additional fine assessed under s. 318.18(3)(e) | 
| 132 | for a violation of s. 316.1893, 50 percent of the moneys | 
| 133 | received from the fines shall be appropriated to the Agency for | 
| 134 | Health Care Administration as general revenue to provide an | 
| 135 | enhanced Medicaid payment to nursing homes that serve Medicaid | 
| 136 | recipients with brain and spinal cord injuries. The remaining 50 | 
| 137 | percent of the moneys received from the enhanced fine imposed | 
| 138 | under s. 318.18(3)(e) shall be remitted to the Department of | 
| 139 | Revenue and deposited into the Department of Health | 
| 140 | Administrative Trust Fund to provide financial support to | 
| 141 | certified trauma centers in the counties where enhanced penalty | 
| 142 | zones are established to ensure the availability and | 
| 143 | accessibility of trauma services. Funds deposited into the | 
| 144 | Administrative Trust Fund under this subsection shall be | 
| 145 | allocated as follows: | 
| 146 | (a)  Fifty percent shall be allocated equally among all | 
| 147 | Level I, Level II, and pediatric trauma centers in recognition | 
| 148 | of readiness costs for maintaining trauma services. | 
| 149 | (b)  Fifty percent shall be allocated among Level I, Level | 
| 150 | II, and pediatric trauma centers based on each center's relative | 
| 151 | volume of trauma cases as reported in the Department of Health | 
| 152 | Trauma Registry. | 
| 153 | Section 5.  For the purpose of incorporating the amendment | 
| 154 | made by this act to section 318.18, Florida Statutes, in | 
| 155 | references thereto, subsections (2), (5), and (9) of section | 
| 156 | 318.14, Florida Statutes, are reenacted to read: | 
| 157 | 318.14  Noncriminal traffic infractions; exception; | 
| 158 | procedures.-- | 
| 159 | (2)  Except as provided in s. 316.1001(2), any person cited | 
| 160 | for an infraction under this section must sign and accept a | 
| 161 | citation indicating a promise to appear. The officer may | 
| 162 | indicate on the traffic citation the time and location of the | 
| 163 | scheduled hearing and must indicate the applicable civil penalty | 
| 164 | established in s. 318.18. | 
| 165 | (5)  Any person electing to appear before the designated | 
| 166 | official or who is required so to appear shall be deemed to have | 
| 167 | waived his or her right to the civil penalty provisions of s. | 
| 168 | 318.18. The official, after a hearing, shall make a | 
| 169 | determination as to whether an infraction has been committed. If | 
| 170 | the commission of an infraction has been proven, the official | 
| 171 | may impose a civil penalty not to exceed $500, except that in | 
| 172 | cases involving unlawful speed in a school zone or involving | 
| 173 | unlawful speed in a construction zone, the civil penalty may not | 
| 174 | exceed $1,000; or require attendance at a driver improvement | 
| 175 | school, or both. If the person is required to appear before the | 
| 176 | designated official pursuant to s. 318.19(1) and is found to | 
| 177 | have committed the infraction, the designated official shall | 
| 178 | impose a civil penalty of $1,000 in addition to any other | 
| 179 | penalties and the person's driver's license shall be suspended | 
| 180 | for 6 months. If the person is required to appear before the | 
| 181 | designated official pursuant to s. 318.19(2) and is found to | 
| 182 | have committed the infraction, the designated official shall | 
| 183 | impose a civil penalty of $500 in addition to any other | 
| 184 | penalties and the person's driver's license shall be suspended | 
| 185 | for 3 months. If the official determines that no infraction has | 
| 186 | been committed, no costs or penalties shall be imposed and any | 
| 187 | costs or penalties that have been paid shall be returned. Moneys | 
| 188 | received from the mandatory civil penalties imposed pursuant to | 
| 189 | this subsection upon persons required to appear before a | 
| 190 | designated official pursuant to s. 318.19(1) or (2) shall be | 
| 191 | remitted to the Department of Revenue and deposited into the | 
| 192 | Department of Health Administrative Trust Fund to provide | 
| 193 | financial support to certified trauma centers to assure the | 
| 194 | availability and accessibility of trauma services throughout the | 
| 195 | state. Funds deposited into the Administrative Trust Fund under | 
| 196 | this section shall be allocated as follows: | 
| 197 | (a)  Fifty percent shall be allocated equally among all | 
| 198 | Level I, Level II, and pediatric trauma centers in recognition | 
| 199 | of readiness costs for maintaining trauma services. | 
| 200 | (b)  Fifty percent shall be allocated among Level I, Level | 
| 201 | II, and pediatric trauma centers based on each center's relative | 
| 202 | volume of trauma cases as reported in the Department of Health | 
| 203 | Trauma Registry. | 
| 204 | (9)  Any person who does not hold a commercial driver's | 
| 205 | license and who is cited for an infraction under this section | 
| 206 | other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), | 
| 207 | s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu | 
| 208 | of a court appearance, elect to attend in the location of his or | 
| 209 | her choice within this state a basic driver improvement course | 
| 210 | approved by the Department of Highway Safety and Motor Vehicles. | 
| 211 | In such a case, adjudication must be withheld; points, as | 
| 212 | provided by s. 322.27, may not be assessed; and the civil | 
| 213 | penalty that is imposed by s. 318.18(3) must be reduced by 18 | 
| 214 | percent; however, a person may not make an election under this | 
| 215 | subsection if the person has made an election under this | 
| 216 | subsection in the preceding 12 months. A person may make no more | 
| 217 | than five elections under this subsection. The requirement for | 
| 218 | community service under s. 318.18(8) is not waived by a plea of | 
| 219 | nolo contendere or by the withholding of adjudication of guilt | 
| 220 | by a court. | 
| 221 | Section 6.  For the purpose of incorporating the amendment | 
| 222 | made by this act to section 318.18, Florida Statutes, in | 
| 223 | references thereto, paragraph (a) of subsection (1) and | 
| 224 | subsection (2) of section 318.15, Florida Statutes, are | 
| 225 | reenacted to read: | 
| 226 | 318.15  Failure to comply with civil penalty or to appear; | 
| 227 | penalty.-- | 
| 228 | (1)(a)  If a person fails to comply with the civil | 
| 229 | penalties provided in s. 318.18 within the time period specified | 
| 230 | in s. 318.14(4), fails to attend driver improvement school, or | 
| 231 | fails to appear at a scheduled hearing, the clerk of the court | 
| 232 | shall notify the Division of Driver Licenses of the Department | 
| 233 | of Highway Safety and Motor Vehicles of such failure within 10 | 
| 234 | days after such failure. Upon receipt of such notice, the | 
| 235 | department shall immediately issue an order suspending the | 
| 236 | driver's license and privilege to drive of such person effective | 
| 237 | 20 days after the date the order of suspension is mailed in | 
| 238 | accordance with s. 322.251(1), (2), and (6). Any such suspension | 
| 239 | of the driving privilege which has not been reinstated, | 
| 240 | including a similar suspension imposed outside Florida, shall | 
| 241 | remain on the records of the department for a period of 7 years | 
| 242 | from the date imposed and shall be removed from the records | 
| 243 | after the expiration of 7 years from the date it is imposed. | 
| 244 | (2)  After suspension of the driver's license and privilege | 
| 245 | to drive of a person under subsection (1), the license and | 
| 246 | privilege may not be reinstated until the person complies with | 
| 247 | all obligations and penalties imposed on him or her under s. | 
| 248 | 318.18 and presents to a driver license office a certificate of | 
| 249 | compliance issued by the court, together with a nonrefundable | 
| 250 | service charge of up to $47.50 imposed under s. 322.29, or | 
| 251 | presents a certificate of compliance and pays the aforementioned | 
| 252 | service charge of up to $47.50 to the clerk of the court or tax | 
| 253 | collector clearing such suspension. Of the charge collected by | 
| 254 | the clerk of the court or the tax collector, $10 shall be | 
| 255 | remitted to the Department of Revenue to be deposited into the | 
| 256 | Highway Safety Operating Trust Fund. Such person shall also be | 
| 257 | in compliance with requirements of chapter 322 prior to | 
| 258 | reinstatement. | 
| 259 | Section 7.  For the purpose of incorporating the amendment | 
| 260 | made by this act to section 318.18, Florida Statutes, in a | 
| 261 | reference thereto, subsection (7) of section 318.21, Florida | 
| 262 | Statutes, is reenacted to read: | 
| 263 | 318.21  Disposition of civil penalties by county | 
| 264 | courts.--All civil penalties received by a county court pursuant | 
| 265 | to the provisions of this chapter shall be distributed and paid | 
| 266 | monthly as follows: | 
| 267 | (7)  For fines assessed under s. 318.18(3) for unlawful | 
| 268 | speed, the following amounts must be remitted to the Department | 
| 269 | of Revenue for deposit in the Nongame Wildlife Trust Fund: | 
| 270 | 
 | 
| 271 | For speed exceeding the limit by:     Fine: | 
| 272 | 1-5 m.p.h.     $ .00 | 
| 273 | 6-9 m.p.h.     $ .25 | 
| 274 | 10-14 m.p.h.     $ 3.00 | 
| 275 | 15-19 m.p.h.     $ 4.00 | 
| 276 | 20-29 m.p.h.     $ 5.00 | 
| 277 | 30 m.p.h. and above.     $10.00 | 
| 278 | 
 | 
| 279 | The remaining amount must be distributed pursuant to subsections | 
| 280 | (1) and (2). | 
| 281 | Section 8.  For the purpose of incorporating the amendment | 
| 282 | made by this act to section 318.18, Florida Statutes, in a | 
| 283 | reference thereto, paragraph (b) of subsection (4) of section | 
| 284 | 402.40, Florida Statutes, is reenacted to read: | 
| 285 | 402.40  Child welfare training.-- | 
| 286 | (4)  CHILD WELFARE TRAINING TRUST FUND.-- | 
| 287 | (b)  One dollar from every noncriminal traffic infraction | 
| 288 | collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be | 
| 289 | deposited into the Child Welfare Training Trust Fund. | 
| 290 | Section 9.  For the purpose of incorporating the amendment | 
| 291 | made by this act to section 318.18, Florida Statutes, in a | 
| 292 | reference thereto, paragraph (b) of subsection (4) of section | 
| 293 | 985.406, Florida Statutes, is reenacted to read: | 
| 294 | 985.406  Juvenile justice training academies established; | 
| 295 | Juvenile Justice Standards and Training Commission created; | 
| 296 | Juvenile Justice Training Trust Fund created.-- | 
| 297 | (4)  JUVENILE JUSTICE TRAINING TRUST FUND.-- | 
| 298 | (b)  One dollar from every noncriminal traffic infraction | 
| 299 | collected pursuant to ss. 318.14(10)(b) and 318.18 shall be | 
| 300 | deposited into the Juvenile Justice Training Trust Fund. | 
| 301 | Section 10.  This act shall take effect July 1, 2006. |