Florida Senate - 2018                                     SB 666
       By Senator Brandes
       24-00466-18                                            2018666__
    1                        A bill to be entitled                      
    2         An act relating to noncriminal traffic infractions;
    3         amending s. 318.14, F.S.; requiring a specified
    4         reduction for a civil penalty under certain
    5         circumstances; deleting the requirement that a
    6         specified percentage of the civil penalty be deposited
    7         in the State Courts Revenue Trust Fund; amending s.
    8         318.15, F.S.; requiring a person to pay the clerk of
    9         the court the specified percentage previously deducted
   10         under certain circumstances; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (9) of section 318.14, Florida
   16  Statutes, is amended to read:
   17         318.14 Noncriminal traffic infractions; exception;
   18  procedures.—
   19         (9) Any person who does not hold a commercial driver
   20  license or commercial learner’s permit and who is cited while
   21  driving a noncommercial motor vehicle for an infraction under
   22  this section other than a violation of s. 316.183(2), s.
   23  316.187, or s. 316.189 when the driver exceeds the posted limit
   24  by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
   25  (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
   26  lieu of a court appearance, elect to attend in the location of
   27  his or her choice within this state a basic driver improvement
   28  course approved by the Department of Highway Safety and Motor
   29  Vehicles. In such a case, adjudication must be withheld; and
   30  points, as provided by s. 322.27, may not be assessed; and any
   31  civil penalty that is imposed under s. 318.18(3) must be reduced
   32  by 18 percent. However, a person may not make an election under
   33  this subsection if the person has made an election under this
   34  subsection in the preceding 12 months. A person may not make
   35  more than five elections within his or her lifetime under this
   36  subsection. The requirement for community service under s.
   37  318.18(8) is not waived by a plea of nolo contendere or by the
   38  withholding of adjudication of guilt by a court. If a person
   39  makes an election to attend a basic driver improvement course
   40  under this subsection, 18 percent of the civil penalty imposed
   41  under s. 318.18(3) shall be deposited in the State Courts
   42  Revenue Trust Fund; however, that portion is not revenue for
   43  purposes of s. 28.36 and may not be used in establishing the
   44  budget of the clerk of the court under that section or s. 28.35.
   45         Section 2. Paragraph (b) of subsection (1) of section
   46  318.15, Florida Statutes, is amended to read:
   47         318.15 Failure to comply with civil penalty or to appear;
   48  penalty.—
   49         (1)
   50         (b) However, a person who elects to attend driver
   51  improvement school and has paid the civil penalty as provided in
   52  s. 318.14(9), but who subsequently fails to attend the driver
   53  improvement school within the time specified by the court shall
   54  be deemed to have admitted the infraction and shall be
   55  adjudicated guilty. In such a case in which there is was an 18
   56  percent reduction pursuant to s. 318.14(9) as it existed before
   57  February 1, 2009, the person must pay the clerk of the court
   58  that amount and a processing fee of up to $18, after which no
   59  additional penalties, court costs, or surcharges may not shall
   60  be imposed for the violation. In all other such cases, the
   61  person must pay the clerk a processing fee of up to $18, after
   62  which no additional penalties, court costs, or surcharges may
   63  not shall be imposed for the violation. The clerk of the court
   64  shall notify the department of the person’s failure to attend
   65  driver improvement school and points shall be assessed pursuant
   66  to s. 322.27.
   67         Section 3. This act shall take effect July 1, 2018.