Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1301, 1st Eng.
       
       
       
       
       
       
                                Ì147592@Î147592                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1c/RE/2R         .                                
             03/06/2024 08:18 PM       .                                
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       Senator Gruters moved the following:
       
    1         Senate Amendment to Amendment (207018) (with title
    2  amendment)
    3  
    4         Between lines 437 and 438
    5  insert:
    6         Section 16. Section 316.1575, Florida Statutes, is amended
    7  to read:
    8         316.1575 Obedience to traffic control devices at railroad
    9  highway grade crossings.—
   10         (1) A Any person cycling, walking or driving a vehicle and
   11  approaching a railroad-highway grade crossing under any of the
   12  circumstances stated in this section must shall stop within 50
   13  feet but not less than 15 feet from the nearest rail of such
   14  railroad and may shall not proceed until the railroad tracks are
   15  clear and he or she can do so safely. This subsection applies
   16  The foregoing requirements apply when:
   17         (a) A clearly visible electric or mechanical signal device
   18  gives warning of the immediate approach of a railroad train or
   19  railroad track equipment;
   20         (b) A crossing gate is lowered or a law enforcement officer
   21  or a human flagger gives or continues to give a signal of the
   22  approach or passage of a railroad train or railroad track
   23  equipment;
   24         (c) An approaching railroad train or railroad track
   25  equipment emits an audible signal or the railroad train or
   26  railroad track equipment, by reason of its speed or nearness to
   27  the crossing, is an immediate hazard; or
   28         (d) An approaching railroad train or railroad track
   29  equipment is plainly visible and is in hazardous proximity to
   30  the railroad-highway grade crossing, regardless of the type of
   31  traffic control devices installed at the crossing.
   32         (2) A No person may not shall drive a any vehicle through,
   33  around, or under any crossing gate or barrier at a railroad
   34  highway grade crossing while the gate or barrier is closed or is
   35  being opened or closed.
   36         (3) A person who violates violation of this section commits
   37  is a noncriminal traffic infraction, punishable pursuant to
   38  chapter 318 as:
   39         (a)either A pedestrian violation; or,
   40         (b) If the infraction resulted from the operation of a
   41  vehicle, as a moving violation.
   42         1.For a first violation, the person must pay a fine of
   43  $500 or perform 25 hours of community service and shall have 6
   44  points assessed against his or her driver license as set forth
   45  in s. 322.27(3)(d)7.
   46         2.For a second or subsequent violation, the person must
   47  pay a fine of $1,000 and shall have an additional 6 points
   48  assessed against his or her driver license as set forth in s.
   49  322.27(3)(d)7.
   50         Section 17. Section 316.1576, Florida Statutes, is amended
   51  to read:
   52         316.1576 Insufficient clearance at a railroad-highway grade
   53  crossing.—
   54         (1) A person may not drive a any vehicle through a
   55  railroad-highway grade crossing that does not have sufficient
   56  space to drive completely through the crossing without stopping
   57  or without obstructing the passage of other vehicles,
   58  pedestrians, railroad trains, or other railroad equipment,
   59  notwithstanding any traffic control signal indication to
   60  proceed.
   61         (2) A person may not drive a any vehicle through a
   62  railroad-highway grade crossing that does not have sufficient
   63  undercarriage clearance to drive completely through the crossing
   64  without stopping or without obstructing the passage of a
   65  railroad train or other railroad equipment.
   66         (3) A person who violates violation of this section commits
   67  is a noncriminal traffic infraction, punishable as a moving
   68  violation as provided in chapter 318.
   69         (a)For a first violation, the person must pay a fine of
   70  $500 or perform 25 hours of community service and shall have 6
   71  points assessed against his or her driver license as set forth
   72  in s. 322.27(3)(d)7.
   73         (b)For a second or subsequent violation, the person must
   74  pay a fine of $1,000, shall have an additional 6 points assessed
   75  against his or her driver license as set forth in s.
   76  322.27(3)(d)7., and, notwithstanding s. 322.27(3)(a), (b), and
   77  (c), shall have his or her driving privilege suspended for not
   78  more than 6 months.
   79         Section 18. Present subsections (10) through (23) of
   80  section 318.18, Florida Statutes, are redesignated as
   81  subsections (11) through (24), respectively, a new subsection
   82  (10) is added to that section, and subsection (9) of that
   83  section is amended, to read:
   84         318.18 Amount of penalties.—The penalties required for a
   85  noncriminal disposition pursuant to s. 318.14 or a criminal
   86  offense listed in s. 318.17 are as follows:
   87         (9) Five One hundred dollars for a first violation and
   88  $1,000 for a second or subsequent violation of s. 316.1575.
   89         (10)Five hundred dollars for a first violation and $1,000
   90  for a second or subsequent violation of s. 316.1576. In addition
   91  to this penalty, for a second or subsequent violation, the
   92  department shall suspend the driver license of the person for
   93  not more than 6 months.
   94         Section 19. Paragraph (d) of subsection (3) of section
   95  322.27, Florida Statutes, is amended to read:
   96         322.27 Authority of department to suspend or revoke driver
   97  license or identification card.—
   98         (3) There is established a point system for evaluation of
   99  convictions of violations of motor vehicle laws or ordinances,
  100  and violations of applicable provisions of s. 403.413(6)(b) when
  101  such violations involve the use of motor vehicles, for the
  102  determination of the continuing qualification of any person to
  103  operate a motor vehicle. The department is authorized to suspend
  104  the license of any person upon showing of its records or other
  105  good and sufficient evidence that the licensee has been
  106  convicted of violation of motor vehicle laws or ordinances, or
  107  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  108  more points as determined by the point system. The suspension
  109  shall be for a period of not more than 1 year.
  110         (d) The point system shall have as its basic element a
  111  graduated scale of points assigning relative values to
  112  convictions of the following violations:
  113         1. Reckless driving, willful and wanton—4 points.
  114         2. Leaving the scene of a crash resulting in property
  115  damage of more than $50—6 points.
  116         3. Unlawful speed, or unlawful use of a wireless
  117  communications device, resulting in a crash—6 points.
  118         4. Passing a stopped school bus:
  119         a. Not causing or resulting in serious bodily injury to or
  120  death of another—4 points.
  121         b. Causing or resulting in serious bodily injury to or
  122  death of another—6 points.
  123         c. Points may not be imposed for a violation of passing a
  124  stopped school bus as provided in s. 316.172(1)(a) or (b) when
  125  enforced by a school bus infraction detection system pursuant s.
  126  316.173. In addition, a violation of s. 316.172(1)(a) or (b)
  127  when enforced by a school bus infraction detection system
  128  pursuant to s. 316.173 may not be used for purposes of setting
  129  motor vehicle insurance rates.
  130         5. Unlawful speed:
  131         a. Not in excess of 15 miles per hour of lawful or posted
  132  speed—3 points.
  133         b. In excess of 15 miles per hour of lawful or posted
  134  speed—4 points.
  135         c. Points may not be imposed for a violation of unlawful
  136  speed as provided in s. 316.1895 or s. 316.183 when enforced by
  137  a traffic infraction enforcement officer pursuant to s.
  138  316.1896. In addition, a violation of s. 316.1895 or s. 316.183
  139  when enforced by a traffic infraction enforcement officer
  140  pursuant to s. 316.1896 may not be used for purposes of setting
  141  motor vehicle insurance rates.
  142         6. A violation of a traffic control signal device as
  143  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  144  However, points may not be imposed for a violation of s.
  145  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  146  stop at a traffic signal and when enforced by a traffic
  147  infraction enforcement officer. In addition, a violation of s.
  148  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  149  stop at a traffic signal and when enforced by a traffic
  150  infraction enforcement officer may not be used for purposes of
  151  setting motor vehicle insurance rates.
  152         7.Unlawfully driving a vehicle through a railroad-highway
  153  grade crossing—6 points.
  154         8.7. All other moving violations (including parking on a
  155  highway outside the limits of a municipality)—3 points. However,
  156  points may not be imposed for a violation of s. 316.0741 or s.
  157  316.2065(11); and points may be imposed for a violation of s.
  158  316.1001 only when imposed by the court after a hearing pursuant
  159  to s. 318.14(5).
  160         9.8. Any moving violation covered in this paragraph,
  161  excluding unlawful speed and unlawful use of a wireless
  162  communications device, resulting in a crash—4 points.
  163         10.9. Any conviction under s. 403.413(6)(b)—3 points.
  164         11.10. Any conviction under s. 316.0775(2)—4 points.
  165         12.11. A moving violation covered in this paragraph which
  166  is committed in conjunction with the unlawful use of a wireless
  167  communications device within a school safety zone—2 points, in
  168  addition to the points assigned for the moving violation.
  169         Section 20. Subsection (6) of section 28.37, Florida
  170  Statutes, is amended to read:
  171         28.37 Fines, fees, service charges, and costs remitted to
  172  the state.—
  173         (6) Ten percent of all court-related fines collected by the
  174  clerk, except for penalties or fines distributed to counties or
  175  municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a) s.
  176  318.18(15)(a), must be deposited into the fine and forfeiture
  177  fund to be used exclusively for clerk court-related functions,
  178  as provided in s. 28.35(3)(a).
  179         Section 21. Paragraph (c) of subsection (1) of section
  180  142.01, Florida Statutes, is amended to read:
  181         142.01 Fine and forfeiture fund; disposition of revenue;
  182  clerk of the circuit court.—
  183         (1) There shall be established by the clerk of the circuit
  184  court in each county of this state a separate fund to be known
  185  as the fine and forfeiture fund for use by the clerk of the
  186  circuit court in performing court-related functions. The fund
  187  shall consist of the following:
  188         (c) Court costs pursuant to ss. 28.2402(1)(b),
  189  34.045(1)(b), 318.14(10)(b), 318.18(12)(a) 318.18(11)(a),
  190  327.73(9)(a) and (11)(a), and 938.05(3).
  191         Section 22. Subsection (4) of section 316.1951, Florida
  192  Statutes, is amended to read:
  193         316.1951 Parking for certain purposes prohibited; sale of
  194  motor vehicles; prohibited acts.—
  195         (4) A local government may adopt an ordinance to allow the
  196  towing of a motor vehicle parked in violation of this section. A
  197  law enforcement officer, compliance officer, code enforcement
  198  officer from any local government agency, or supervisor of the
  199  department may issue a citation and cause to be immediately
  200  removed at the owner’s expense any motor vehicle found in
  201  violation of subsection (1), except as provided in subsections
  202  (2) and (3), or in violation of subsection (5), subsection (6),
  203  subsection (7), or subsection (8), and the owner shall be
  204  assessed a penalty as provided in s. 318.18(22) s. 318.18(21) by
  205  the government agency or authority that orders immediate removal
  206  of the motor vehicle. A motor vehicle removed under this section
  207  shall not be released from an impound or towing and storage
  208  facility before a release form prescribed by the department has
  209  been completed verifying that the fine has been paid to the
  210  government agency or authority that ordered immediate removal of
  211  the motor vehicle. However, the owner may pay towing and storage
  212  charges to the towing and storage facility pursuant to s. 713.78
  213  before payment of the fine or before the release form has been
  214  completed.
  215         Section 23. Subsection (4) of section 316.306, Florida
  216  Statutes, is amended to read:
  217         316.306 School and work zones; prohibition on the use of a
  218  wireless communications device in a handheld manner.—
  219         (4)(a) Any person who violates this section commits a
  220  noncriminal traffic infraction, punishable as a moving
  221  violation, as provided in chapter 318, and shall have 3 points
  222  assessed against his or her driver license as set forth in s.
  223  322.27(3)(d)8. s. 322.27(3)(d)7. For a first offense under this
  224  section, in lieu of the penalty specified in s. 318.18 and the
  225  assessment of points, a person who violates this section may
  226  elect to participate in a wireless communications device driving
  227  safety program approved by the Department of Highway Safety and
  228  Motor Vehicles. Upon completion of such program, the penalty
  229  specified in s. 318.18 and associated costs may be waived by the
  230  clerk of the court and the assessment of points must be waived.
  231         (b) The clerk of the court may dismiss a case and assess
  232  court costs in accordance with s. 318.18(12)(a) s. 318.18(11)(a)
  233  for a nonmoving traffic infraction for a person who is cited for
  234  a first time violation of this section if the person shows the
  235  clerk proof of purchase of equipment that enables his or her
  236  personal wireless communications device to be used in a hands
  237  free manner.
  238         Section 24. Subsection (7) of section 316.622, Florida
  239  Statutes, is amended to read:
  240         316.622 Farm labor vehicles.—
  241         (7) A violation of this section is a noncriminal traffic
  242  infraction, punishable as provided in s. 318.18(17) s.
  243  318.18(16).
  244         Section 25. Section 318.121, Florida Statutes, is amended
  245  to read:
  246         318.121 Preemption of additional fees, fines, surcharges,
  247  and costs.—Notwithstanding any general or special law, or
  248  municipal or county ordinance, additional fees, fines,
  249  surcharges, or costs other than the court costs and surcharges
  250  assessed under s. 318.18(12), (14), (19), (20), and (23) s.
  251  318.18(11), (13), (18), (19), and (22) may not be added to the
  252  civil traffic penalties assessed under this chapter.
  253         Section 26. Subsections (13), (16) through (19), and (21)
  254  of section 318.21, Florida Statutes, are amended to read:
  255         318.21 Disposition of civil penalties by county courts.—All
  256  civil penalties received by a county court pursuant to the
  257  provisions of this chapter shall be distributed and paid monthly
  258  as follows:
  259         (13) Of the proceeds from the fine under s. 318.18(16) s.
  260  318.18(15), $65 shall be remitted to the Department of Revenue
  261  for deposit into the Administrative Trust Fund of the Department
  262  of Health and the remaining $60 shall be distributed pursuant to
  263  subsections (1) and (2).
  264         (16) The proceeds from the fines described in s. 318.18(17)
  265  s. 318.18(16) shall be remitted to the law enforcement agency
  266  that issues the citation for a violation of s. 316.622. The
  267  funds must be used for continued education and enforcement of s.
  268  316.622 and other related safety measures contained in chapter
  269  316.
  270         (17) Notwithstanding subsections (1) and (2), the proceeds
  271  from the administrative fee surcharge imposed under s.
  272  318.18(18) s. 318.18(17) shall be distributed as provided in
  273  that subsection. This subsection expires July 1, 2026.
  274         (18) Notwithstanding subsections (1) and (2), the proceeds
  275  from the administrative fee imposed under s. 318.18(19) s.
  276  318.18(18) shall be distributed as provided in that subsection.
  277         (19) Notwithstanding subsections (1) and (2), the proceeds
  278  from the fees Article V assessment imposed under s. 318.18(20)
  279  s. 318.18(19) shall be distributed as provided in that
  280  subsection.
  281         (21) Notwithstanding subsections (1) and (2), the proceeds
  282  from the additional penalties imposed pursuant to s.
  283  318.18(5)(c) and (21) (20) shall be distributed as provided in
  284  that section.
  285         Section 27. Subsection (1) of section 395.4036, Florida
  286  Statutes, is amended to read:
  287         395.4036 Trauma payments.—
  288         (1) Recognizing the Legislature’s stated intent to provide
  289  financial support to the current verified trauma centers and to
  290  provide incentives for the establishment of additional trauma
  291  centers as part of a system of state-sponsored trauma centers,
  292  the department shall utilize funds collected under s. 318.18 and
  293  deposited into the Emergency Medical Services Trust Fund of the
  294  department to ensure the availability and accessibility of
  295  trauma services throughout the state as provided in this
  296  subsection.
  297         (a) Funds collected under s. 318.18(16) s. 318.18(15) shall
  298  be distributed as follows:
  299         1. Twenty percent of the total funds collected during the
  300  state fiscal year shall be distributed to verified trauma
  301  centers that have a local funding contribution as of December
  302  31. Distribution of funds under this subparagraph shall be based
  303  on trauma caseload volume for the most recent calendar year
  304  available.
  305         2. Forty percent of the total funds collected shall be
  306  distributed to verified trauma centers based on trauma caseload
  307  volume for the most recent calendar year available. The
  308  determination of caseload volume for distribution of funds under
  309  this subparagraph shall be based on the hospital discharge data
  310  for patients who meet the criteria for classification as a
  311  trauma patient reported by each trauma center pursuant to s.
  312  408.061.
  313         3. Forty percent of the total funds collected shall be
  314  distributed to verified trauma centers based on severity of
  315  trauma patients for the most recent calendar year available. The
  316  determination of severity for distribution of funds under this
  317  subparagraph shall be based on the department’s International
  318  Classification Injury Severity Scores or another statistically
  319  valid and scientifically accepted method of stratifying a trauma
  320  patient’s severity of injury, risk of mortality, and resource
  321  consumption as adopted by the department by rule, weighted based
  322  on the costs associated with and incurred by the trauma center
  323  in treating trauma patients. The weighting of scores shall be
  324  established by the department by rule.
  325         (b) Funds collected under s. 318.18(5)(c) and (21) (20)
  326  shall be distributed as follows:
  327         1. Thirty percent of the total funds collected shall be
  328  distributed to Level II trauma centers operated by a public
  329  hospital governed by an elected board of directors as of
  330  December 31, 2008.
  331         2. Thirty-five percent of the total funds collected shall
  332  be distributed to verified trauma centers based on trauma
  333  caseload volume for the most recent calendar year available. The
  334  determination of caseload volume for distribution of funds under
  335  this subparagraph shall be based on the hospital discharge data
  336  for patients who meet the criteria for classification as a
  337  trauma patient reported by each trauma center pursuant to s.
  338  408.061.
  339         3. Thirty-five percent of the total funds collected shall
  340  be distributed to verified trauma centers based on severity of
  341  trauma patients for the most recent calendar year available. The
  342  determination of severity for distribution of funds under this
  343  subparagraph shall be based on the department’s International
  344  Classification Injury Severity Scores or another statistically
  345  valid and scientifically accepted method of stratifying a trauma
  346  patient’s severity of injury, risk of mortality, and resource
  347  consumption as adopted by the department by rule, weighted based
  348  on the costs associated with and incurred by the trauma center
  349  in treating trauma patients. The weighting of scores shall be
  350  established by the department by rule.
  351  
  352  ================= T I T L E  A M E N D M E N T ================
  353  And the title is amended as follows:
  354         Delete line 562
  355  and insert:
  356         “streetlight provider”; amending s. 316.1575, F.S.;
  357         revising provisions requiring a person approaching a
  358         railroad-highway grade crossing to stop within a
  359         certain distance from the nearest rail; revising
  360         penalties; amending s. 316.1576, F.S.; revising
  361         circumstances under which a person is prohibited from
  362         driving a vehicle through a railroad-highway grade
  363         crossing; revising penalties; amending s. 318.18,
  364         F.S.; revising the penalties for certain offenses;
  365         amending s. 322.27, F.S.; revising the point system
  366         for convictions for violations of motor vehicle laws
  367         and ordinances; amending ss. 28.37, 142.01, 316.1951,
  368         316.306, 316.622, 318.121, 318.21, and 395.4036, F.S.;
  369         conforming cross-references; conforming provisions to
  370         changes made by the act; providing an effective date.