Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1301, 1st Eng.
       
       
       
       
       
       
                                Ì857204ÇÎ857204                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/06/2024 10:35 AM       .                                
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       Senator Gruters moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 133 - 433
    4  and insert:
    5         Section 3. Section 316.1575, Florida Statutes, is amended
    6  to read:
    7         316.1575 Obedience to traffic control devices at railroad
    8  highway grade crossings.—
    9         (1) A Any person cycling, walking or driving a vehicle and
   10  approaching a railroad-highway grade crossing under any of the
   11  circumstances stated in this section must shall stop within 50
   12  feet but not less than 15 feet from the nearest rail of such
   13  railroad and may shall not proceed until the railroad tracks are
   14  clear and he or she can do so safely. This subsection applies
   15  The foregoing requirements apply when:
   16         (a) A clearly visible electric or mechanical signal device
   17  gives warning of the immediate approach of a railroad train or
   18  railroad track equipment;
   19         (b) A crossing gate is lowered or a law enforcement officer
   20  or a human flagger gives or continues to give a signal of the
   21  approach or passage of a railroad train or railroad track
   22  equipment;
   23         (c) An approaching railroad train or railroad track
   24  equipment emits an audible signal or the railroad train or
   25  railroad track equipment, by reason of its speed or nearness to
   26  the crossing, is an immediate hazard; or
   27         (d) An approaching railroad train or railroad track
   28  equipment is plainly visible and is in hazardous proximity to
   29  the railroad-highway grade crossing, regardless of the type of
   30  traffic control devices installed at the crossing.
   31         (2) A No person may not shall drive a any vehicle through,
   32  around, or under any crossing gate or barrier at a railroad
   33  highway grade crossing while the gate or barrier is closed or is
   34  being opened or closed.
   35         (3) A person who violates violation of this section commits
   36  is a noncriminal traffic infraction, punishable pursuant to
   37  chapter 318 as:
   38         (a)either A pedestrian violation; or,
   39         (b) If the infraction resulted from the operation of a
   40  vehicle, as a moving violation.
   41         1.For a first violation, the person must pay a fine of
   42  $500 or perform 25 hours of community service and shall have 6
   43  points assessed against his or her driver license as set forth
   44  in s. 322.27(3)(d)7.
   45         2.For a second or subsequent violation, the person must
   46  pay a fine of $1,000 and shall have an additional 6 points
   47  assessed against his or her driver license as set forth in s.
   48  322.27(3)(d)7.
   49         Section 4. Section 316.1576, Florida Statutes, is amended
   50  to read:
   51         316.1576 Insufficient clearance at a railroad-highway grade
   52  crossing.—
   53         (1) A person may not drive a any vehicle through a
   54  railroad-highway grade crossing that does not have sufficient
   55  space to drive completely through the crossing without stopping
   56  or without obstructing the passage of other vehicles,
   57  pedestrians, railroad trains, or other railroad equipment,
   58  notwithstanding any traffic control signal indication to
   59  proceed.
   60         (2) A person may not drive a any vehicle through a
   61  railroad-highway grade crossing that does not have sufficient
   62  undercarriage clearance to drive completely through the crossing
   63  without stopping or without obstructing the passage of a
   64  railroad train or other railroad equipment.
   65         (3) A person who violates violation of this section commits
   66  is a noncriminal traffic infraction, punishable as a moving
   67  violation as provided in chapter 318.
   68         (a)For a first violation, the person must pay a fine of
   69  $500 or perform 25 hours of community service and shall have 6
   70  points assessed against his or her driver license as set forth
   71  in s. 322.27(3)(d)7.
   72         (b)For a second or subsequent violation, the person must
   73  pay a fine of $1,000, shall have an additional 6 points assessed
   74  against his or her driver license as set forth in s.
   75  322.27(3)(d)7., and, notwithstanding s. 322.27(3)(a), (b), and
   76  (c), shall have his or her driving privilege suspended for not
   77  more than 6 months.
   78         Section 5. Present subsections (10) through (23) of section
   79  318.18, Florida Statutes, are redesignated as subsections (11)
   80  through (24), respectively, a new subsection (10) is added to
   81  that section, and subsection (9) of that section is amended, to
   82  read:
   83         318.18 Amount of penalties.—The penalties required for a
   84  noncriminal disposition pursuant to s. 318.14 or a criminal
   85  offense listed in s. 318.17 are as follows:
   86         (9) Five One hundred dollars for a first violation and
   87  $1,000 for a second or subsequent violation of s. 316.1575.
   88         (10)Five hundred dollars for a first violation and $1,000
   89  for a second or subsequent violation of s. 316.1576. In addition
   90  to this penalty, for a second or subsequent violation, the
   91  department shall suspend the driver license of the person for
   92  not more than 6 months.
   93         Section 6. Paragraph (d) of subsection (3) of section
   94  322.27, Florida Statutes, is amended to read:
   95         322.27 Authority of department to suspend or revoke driver
   96  license or identification card.—
   97         (3) There is established a point system for evaluation of
   98  convictions of violations of motor vehicle laws or ordinances,
   99  and violations of applicable provisions of s. 403.413(6)(b) when
  100  such violations involve the use of motor vehicles, for the
  101  determination of the continuing qualification of any person to
  102  operate a motor vehicle. The department is authorized to suspend
  103  the license of any person upon showing of its records or other
  104  good and sufficient evidence that the licensee has been
  105  convicted of violation of motor vehicle laws or ordinances, or
  106  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  107  more points as determined by the point system. The suspension
  108  shall be for a period of not more than 1 year.
  109         (d) The point system shall have as its basic element a
  110  graduated scale of points assigning relative values to
  111  convictions of the following violations:
  112         1. Reckless driving, willful and wanton—4 points.
  113         2. Leaving the scene of a crash resulting in property
  114  damage of more than $50—6 points.
  115         3. Unlawful speed, or unlawful use of a wireless
  116  communications device, resulting in a crash—6 points.
  117         4. Passing a stopped school bus:
  118         a. Not causing or resulting in serious bodily injury to or
  119  death of another—4 points.
  120         b. Causing or resulting in serious bodily injury to or
  121  death of another—6 points.
  122         c. Points may not be imposed for a violation of passing a
  123  stopped school bus as provided in s. 316.172(1)(a) or (b) when
  124  enforced by a school bus infraction detection system pursuant s.
  125  316.173. In addition, a violation of s. 316.172(1)(a) or (b)
  126  when enforced by a school bus infraction detection system
  127  pursuant to s. 316.173 may not be used for purposes of setting
  128  motor vehicle insurance rates.
  129         5. Unlawful speed:
  130         a. Not in excess of 15 miles per hour of lawful or posted
  131  speed—3 points.
  132         b. In excess of 15 miles per hour of lawful or posted
  133  speed—4 points.
  134         c. Points may not be imposed for a violation of unlawful
  135  speed as provided in s. 316.1895 or s. 316.183 when enforced by
  136  a traffic infraction enforcement officer pursuant to s.
  137  316.1896. In addition, a violation of s. 316.1895 or s. 316.183
  138  when enforced by a traffic infraction enforcement officer
  139  pursuant to s. 316.1896 may not be used for purposes of setting
  140  motor vehicle insurance rates.
  141         6. A violation of a traffic control signal device as
  142  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  143  However, points may not be imposed for a violation of s.
  144  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  145  stop at a traffic signal and when enforced by a traffic
  146  infraction enforcement officer. In addition, a violation of s.
  147  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  148  stop at a traffic signal and when enforced by a traffic
  149  infraction enforcement officer may not be used for purposes of
  150  setting motor vehicle insurance rates.
  151         7.Unlawfully driving a vehicle through a railroad-highway
  152  grade crossing—6 points.
  153         8.7. All other moving violations (including parking on a
  154  highway outside the limits of a municipality)—3 points. However,
  155  points may not be imposed for a violation of s. 316.0741 or s.
  156  316.2065(11); and points may be imposed for a violation of s.
  157  316.1001 only when imposed by the court after a hearing pursuant
  158  to s. 318.14(5).
  159         9.8. Any moving violation covered in this paragraph,
  160  excluding unlawful speed and unlawful use of a wireless
  161  communications device, resulting in a crash—4 points.
  162         10.9. Any conviction under s. 403.413(6)(b)—3 points.
  163         11.10. Any conviction under s. 316.0775(2)—4 points.
  164         12.11. A moving violation covered in this paragraph which
  165  is committed in conjunction with the unlawful use of a wireless
  166  communications device within a school safety zone—2 points, in
  167  addition to the points assigned for the moving violation.
  168         Section 7. Section 334.046, Florida Statutes, is amended to
  169  read:
  170         334.046 Department mission, goals, and objectives.—
  171         (1) The department shall consider the following prevailing
  172  principles when to be considered in planning and developing the
  173  state’s multimodal an integrated, balanced statewide
  174  transportation system are: preserving Florida’s the existing
  175  transportation infrastructure; supporting its enhancing
  176  Florida’s economic competitiveness; promoting the efficient
  177  movement of people and goods; and preserving Florida’s quality
  178  of life improving travel choices to ensure mobility.
  179         (2) The mission of the Department of Transportation shall
  180  be to provide a safe statewide transportation system that
  181  promotes the efficient movement ensures the mobility of people
  182  and goods, supports the state’s enhances economic
  183  competitiveness, prioritizes Florida’s environment and natural
  184  resources prosperity, and preserves the quality of life and
  185  connectedness of the state’s our environment and communities.
  186         (3) The department shall document in the Florida
  187  Transportation Plan, in accordance with s. 339.155 and based
  188  upon the prevailing principles outlined in this section shall be
  189  incorporated into all of preserving the existing transportation
  190  infrastructure, enhancing Florida’s economic competitiveness,
  191  and improving travel choices to ensure mobility, the goals and
  192  objectives that provide statewide policy guidance for
  193  accomplishing the department’s mission, including the Florida
  194  Transportation Plan outlined in s. 339.155.
  195         (4) At a minimum, the department’s goals shall address the
  196  following prevailing principles:.
  197         (a) Maintaining investments Preservation.—Protecting the
  198  state’s transportation infrastructure investment, which.
  199  Preservation includes:
  200         1. Ensuring that 80 percent of the pavement on the State
  201  Highway System meets department standards;
  202         2. Ensuring that 90 percent of department-maintained
  203  bridges meet department standards; and
  204         3. Ensuring that the department achieves 100 percent of the
  205  acceptable maintenance standard on the state highway system.
  206         (b) Economic competitiveness.—Ensuring that the state has a
  207  clear understanding of the return on investment and economic
  208  impacts consequences of transportation infrastructure
  209  investments, and how such investments affect the state’s
  210  economic competitiveness. The department must develop a
  211  macroeconomic analysis of the linkages between transportation
  212  investment and economic performance, as well as a method to
  213  quantifiably measure the economic benefits of the district-work
  214  program investments. Such an analysis must analyze:
  215         1. The state’s and district’s economic performance relative
  216  to the competition.
  217         2. The business environment as viewed from the perspective
  218  of companies evaluating the state as a place in which to do
  219  business.
  220         3. The state’s capacity to sustain long-term growth.
  221         (c) Connected transportation system Mobility.—Ensuring a
  222  cost-effective, statewide, interconnected transportation system
  223  that provides for the most efficient and effective multimodality
  224  and mobility.
  225         (d)Preserving Florida’s natural resources and quality of
  226  life.—Prioritizing Florida’s natural resources and the quality
  227  of life of its communities.
  228         Section 8. Section 334.61, Florida Statutes, is created to
  229  read:
  230         334.61Traffic lane repurposing.—
  231         (1)Whenever a governmental entity proposes any project
  232  that will repurpose one or more existing traffic lanes, the
  233  governmental entity shall include a traffic study to address any
  234  potential adverse impacts of the project, including, but not
  235  limited to, changes in traffic congestion and impacts on safety.
  236         (2)If, following the study required by subsection (1), the
  237  governmental entity elects to continue with the design of the
  238  project, it must notify all affected property owners, impacted
  239  municipalities, and the counties in which the project is located
  240  at least 180 days before the design phase of the project is
  241  completed. The notice must provide a written explanation
  242  regarding the need for the project, include information on how
  243  to review the traffic study required by subsection (1), and
  244  indicate that all affected parties will be given an opportunity
  245  to provide comments to the proposing entity regarding potential
  246  impacts of the change.
  247         (3)The governmental entity shall hold at least one public
  248  meeting, with at least 30 days’ prior notice, before completing
  249  the design phase of the project in the jurisdiction where the
  250  project is located. At the public meeting, the governmental
  251  entity shall explain the purpose of the project and receive
  252  public input, including possible alternatives, to determine the
  253  manner in which the project will affect the community.
  254         (4)The governmental entity shall review all comments from
  255  the public meeting and take the comments and any alternatives
  256  presented during the meeting into consideration in the final
  257  design of the project.
  258         Section 9. Paragraph (c) of subsection (3) of section
  259  338.231, Florida Statutes, is amended to read:
  260         338.231 Turnpike tolls, fixing; pledge of tolls and other
  261  revenues.—The department shall at all times fix, adjust, charge,
  262  and collect such tolls and amounts for the use of the turnpike
  263  system as are required in order to provide a fund sufficient
  264  with other revenues of the turnpike system to pay the cost of
  265  maintaining, improving, repairing, and operating such turnpike
  266  system; to pay the principal of and interest on all bonds issued
  267  to finance or refinance any portion of the turnpike system as
  268  the same become due and payable; and to create reserves for all
  269  such purposes.
  270         (3)
  271         (c) Notwithstanding any other provision of law to the
  272  contrary, any prepaid toll account of any kind which has
  273  remained inactive for 10 3 years is shall be presumed unclaimed,
  274  and its disposition shall be handled by the Department of
  275  Financial Services in accordance with all applicable provisions
  276  of chapter 717 relating to the disposition of unclaimed
  277  property, and the prepaid toll account shall be closed by the
  278  department.
  279         Section 10. Subsection (5) is added to section 339.08,
  280  Florida Statutes, to read:
  281         339.08 Use of moneys in State Transportation Trust Fund.—
  282         (5)The department may not expend any state funds as
  283  described in s. 215.31 to support a project or program of:
  284         (a)A public transit provider as defined in s. 341.031(1);
  285         (b)An authority created pursuant to chapter 343, chapter
  286  348, or chapter 349;
  287         (c)A public-use airport as defined in s. 332.004; or
  288         (d)A port enumerated in s. 311.09(1)
  289  
  290  which is found in violation of s. 381.00316. The department
  291  shall withhold state funds until the public transit provider,
  292  authority, public-use airport, or port is found in compliance
  293  with s. 381.00316.
  294         Section 11. Section 339.0803, Florida Statutes, is amended
  295  to read:
  296         339.0803 Allocation of increased revenues derived from
  297  amendments to s. 320.08 by ch. 2019-43.—
  298         (1) Beginning in the 2021-2022 fiscal year and each fiscal
  299  year thereafter, funds that result from increased revenues to
  300  the State Transportation Trust Fund derived from the amendments
  301  to s. 320.08 made by chapter 2019-43, Laws of Florida, and
  302  deposited into the fund pursuant to s. 320.20(5)(a) must be used
  303  to fund arterial highway projects identified by the department
  304  in accordance with s. 339.65 and may be used for projects as
  305  specified in ss. 339.66 and 339.67. For purposes of the funding
  306  provided in this section, the department shall prioritize use of
  307  existing facilities or portions thereof when upgrading arterial
  308  highways to limited or controlled access facilities. However,
  309  this section does not preclude use of the funding for projects
  310  that enhance the capacity of an arterial highway. The funds
  311  allocated as provided in this section shall be in addition to
  312  any other statutory funding allocations provided by law.
  313         (2)Revenues deposited into the State Transportation Trust
  314  Fund pursuant to s. 320.20(5)(a) shall first be available for
  315  appropriation for payments under a service contract entered into
  316  with the Florida Department of Transportation Financing
  317  Corporation pursuant to s. 339.0809(4) to fund arterial highway
  318  projects. For the corporation’s bonding purposes, two or more of
  319  such projects in the department’s approved work program may be
  320  treated as a single project.
  321         Section 12. Subsection (13) of section 339.0809, Florida
  322  Statutes, is amended, and subsection (14) is added to that
  323  section, to read:
  324         339.0809 Florida Department of Transportation Financing
  325  Corporation.—
  326         (13) The department may enter into a service contract in
  327  conjunction with the issuance of debt obligations as provided in
  328  this section which provides for periodic payments for debt
  329  service or other amounts payable with respect to debt
  330  obligations, plus any administrative expenses of the Florida
  331  Department of Transportation Financing Corporation. Funds
  332  appropriated for payments under a service contract shall be
  333  available after funds pledged to payment on bonds but before
  334  other statutorily required distributions.
  335         (14)The department may enter into a service contract to
  336  finance the projects authorized in s. 215 of ch. 2023-239, Laws
  337  of Florida, and in Budget Amendment EOG# 2024-B0112, and
  338  subsequently adopted into the 5-year work program. Service
  339  contract payments may not exceed 7 percent of the funds
  340  deposited in the State Transportation Trust Fund in each fiscal
  341  year. The annual payments under such service contract shall be
  342  included in the department’s work program and legislative budget
  343  request developed pursuant to s. 339.135. The department shall
  344  ensure that the annual payments are programmed for the life of
  345  the service contract before execution of the service contract
  346  and shall remain programmed until fully paid.
  347         Section 13. Subsection (8) is added to section 339.2818,
  348  Florida Statutes, to read:
  349         339.2818 Small County Outreach Program.—
  350         (8)Subject to specific appropriation in addition to funds
  351  appropriated for projects under this section, a local government
  352  either wholly or partially within the Everglades Agricultural
  353  Area as defined in s. 373.4592(15), the Peace River Basin, or
  354  the Suwannee River Basin may compete for additional funding
  355  using the criteria listed in paragraph (4)(c) at up to 100
  356  percent of project costs on state or county roads used primarily
  357  as farm-to-market connections between rural agricultural areas
  358  and market distribution centers, excluding capacity improvement
  359  projects.
  360         Section 14. Subsection (6) of section 341.051, Florida
  361  Statutes, is amended, paragraphs (c) and (d) are added to
  362  subsection (2), and subsection (8) is added to that section, to
  363  read:
  364         341.051 Administration and financing of public transit and
  365  intercity bus service programs and projects.—
  366         (2) PUBLIC TRANSIT PLAN.—
  367         (c)Any lane elimination or lane repurposing,
  368  recommendation, or application relating to public transit
  369  projects must be approved by a two-thirds vote of the transit
  370  authority board in a public meeting with a 30-day public notice.
  371         (d)Any action of eminent domain for acquisition of public
  372  transit facilities carried out by a public transit provider must
  373  be discussed by the public transit provider at a public meeting
  374  with a 30-day public notice.
  375         (6) ANNUAL APPROPRIATION.—Funds paid into the State
  376  Transportation Trust Fund pursuant to s. 201.15 for the New
  377  Starts Transit Program are hereby annually appropriated for
  378  expenditure to support the New Starts Transit Program. The
  379  remaining unallocated New Starts Transit Program funds as of
  380  June 30 of each fiscal year shall be reallocated for the purpose
  381  of the Strategic Intermodal System within the State
  382  Transportation Trust Fund.
  383         (8)EXTERIOR VEHICLE WRAP, TINTING, PAINT, MARKETING, AND
  384  ADVERTISING.—
  385         (a)As a condition of receiving funds from the department,
  386  a public transit provider may not expend department funds for
  387  marketing or advertising activities, including any wrap,
  388  tinting, paint, or other medium displayed, attached, or affixed
  389  on a bus, commercial motor vehicle, or motor vehicle that is
  390  owned, leased, or operated by a public transit provider that is
  391  limited to displaying a brand or logo of the public transit
  392  provider, the official seal of the jurisdictional government
  393  entity, or a state agency public service announcement.
  394         (b)The department shall incorporate guidelines for the
  395  activities allowed under paragraph (a) in the public
  396  transportation grant agreement entered into with each public
  397  transit provider.
  398         (c)Any new wrap, tinting, paint, medium, or advertisement
  399  on the passenger windows of a vehicle used by a public transit
  400  provider may not be darker than the legally allowed window
  401  tinting requirements as provided in s. 316.2954.
  402  
  403  For purposes of this section, the term “net operating costs”
  404  means all operating costs of a project less any federal funds,
  405  fares, or other sources of income to the project.
  406         Section 15. Subsection (4) is added to section 341.071,
  407  Florida Statutes, to read:
  408         341.071 Transit productivity and performance measures;
  409  reports.—
  410         (4)(a)As used in this subsection, the term:
  411         1.“General administration costs” includes, but is not
  412  limited to, costs related to transit service development,
  413  injuries and damages, safety, personnel administration, legal
  414  services, data processing, finance and accounting, purchasing
  415  and stores, engineering, real estate management, office
  416  management and services, customer service, promotion, market
  417  research, and planning. The term does not include insurance
  418  costs.
  419         2.“Public transit provider” means a public agency
  420  providing public transit service, including an authority created
  421  pursuant to part II of chapter 343 or chapter 349. The term does
  422  not include the Central Florida Commuter Rail or the authority
  423  created pursuant to part I of chapter 343.
  424         3.“Tier I provider” has the same meaning as in 49 C.F.R.
  425  part 625.
  426         4.“Tier II provider” has the same meaning as in 49 C.F.R.
  427  part 625.
  428         (b)Beginning November 1, 2024, and annually thereafter,
  429  each public transit provider, during a publicly noticed meeting,
  430  shall:
  431         1.Certify that its budgeted and general administration
  432  costs are not greater than 20 percent above the annual state
  433  average of administrative costs for its respective tier.
  434         2.Present a line-item budget report of its budgeted and
  435  actual general administration costs.
  436         3.Disclose all salaried executive and management level
  437  employees’ total compensation packages, ridership performance
  438  and metrics, and any gift as defined in s. 112.312 accepted in
  439  exchange for contracts. This disclosure shall be posted annually
  440  on the public transit provider’s website.
  441         (c)To support compliance with paragraph (b), the
  442  department shall determine, by tier, the annual state average of
  443  administrative costs by determining the percentage of the total
  444  operating budget that is expended on general administration
  445  costs in this state annually by March 31 to inform the public
  446  transit provider’s budget for the following fiscal year. Upon
  447  review and certification by the department, costs budgeted and
  448  expended in association with nontransit-related engineering and
  449  construction services may be excluded.
  450         (d)A year-over-year cumulative increase of 3 percent or
  451  more in general administration costs must be reviewed before the
  452  start of the next fiscal year and must be reviewed and approved
  453  by the department before approval by the public transportation
  454  provider’s governing board.
  455         Section 16. Paragraph (a) of subsection (2) of section
  456  341.822, Florida Statutes, is amended to read:
  457         341.822 Powers and duties.—
  458         (2)(a) In addition to the powers granted to the department,
  459  the enterprise has full authority to exercise all powers granted
  460  to it under this chapter. Powers shall include, but are not
  461  limited to, the ability to plan, construct, maintain, repair,
  462  and operate a high-speed rail system, to acquire corridors, and
  463  to coordinate the development and operation of publicly funded
  464  passenger rail systems in the state, and to preserve and acquire
  465  future rail corridors and rights-of-way in coordination with the
  466  department’s planning of the State Highway System.
  467         Section 17. Subsection (6) of section 28.37, Florida
  468  Statutes, is amended to read:
  469         28.37 Fines, fees, service charges, and costs remitted to
  470  the state.—
  471         (6) Ten percent of all court-related fines collected by the
  472  clerk, except for penalties or fines distributed to counties or
  473  municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a) s.
  474  318.18(15)(a), must be deposited into the fine and forfeiture
  475  fund to be used exclusively for clerk court-related functions,
  476  as provided in s. 28.35(3)(a).
  477         Section 18. Paragraph (c) of subsection (1) of section
  478  142.01, Florida Statutes, is amended to read:
  479         142.01 Fine and forfeiture fund; disposition of revenue;
  480  clerk of the circuit court.—
  481         (1) There shall be established by the clerk of the circuit
  482  court in each county of this state a separate fund to be known
  483  as the fine and forfeiture fund for use by the clerk of the
  484  circuit court in performing court-related functions. The fund
  485  shall consist of the following:
  486         (c) Court costs pursuant to ss. 28.2402(1)(b),
  487  34.045(1)(b), 318.14(10)(b), 318.18(12)(a) 318.18(11)(a),
  488  327.73(9)(a) and (11)(a), and 938.05(3).
  489         Section 19. Subsection (4) of section 316.1951, Florida
  490  Statutes, is amended to read:
  491         316.1951 Parking for certain purposes prohibited; sale of
  492  motor vehicles; prohibited acts.—
  493         (4) A local government may adopt an ordinance to allow the
  494  towing of a motor vehicle parked in violation of this section. A
  495  law enforcement officer, compliance officer, code enforcement
  496  officer from any local government agency, or supervisor of the
  497  department may issue a citation and cause to be immediately
  498  removed at the owner’s expense any motor vehicle found in
  499  violation of subsection (1), except as provided in subsections
  500  (2) and (3), or in violation of subsection (5), subsection (6),
  501  subsection (7), or subsection (8), and the owner shall be
  502  assessed a penalty as provided in s. 318.18(22) s. 318.18(21) by
  503  the government agency or authority that orders immediate removal
  504  of the motor vehicle. A motor vehicle removed under this section
  505  shall not be released from an impound or towing and storage
  506  facility before a release form prescribed by the department has
  507  been completed verifying that the fine has been paid to the
  508  government agency or authority that ordered immediate removal of
  509  the motor vehicle. However, the owner may pay towing and storage
  510  charges to the towing and storage facility pursuant to s. 713.78
  511  before payment of the fine or before the release form has been
  512  completed.
  513         Section 20. Subsection (4) of section 316.306, Florida
  514  Statutes, is amended to read:
  515         316.306 School and work zones; prohibition on the use of a
  516  wireless communications device in a handheld manner.—
  517         (4)(a) Any person who violates this section commits a
  518  noncriminal traffic infraction, punishable as a moving
  519  violation, as provided in chapter 318, and shall have 3 points
  520  assessed against his or her driver license as set forth in s.
  521  322.27(3)(d)8. s. 322.27(3)(d)7. For a first offense under this
  522  section, in lieu of the penalty specified in s. 318.18 and the
  523  assessment of points, a person who violates this section may
  524  elect to participate in a wireless communications device driving
  525  safety program approved by the Department of Highway Safety and
  526  Motor Vehicles. Upon completion of such program, the penalty
  527  specified in s. 318.18 and associated costs may be waived by the
  528  clerk of the court and the assessment of points must be waived.
  529         (b) The clerk of the court may dismiss a case and assess
  530  court costs in accordance with s. 318.18(12)(a) s. 318.18(11)(a)
  531  for a nonmoving traffic infraction for a person who is cited for
  532  a first time violation of this section if the person shows the
  533  clerk proof of purchase of equipment that enables his or her
  534  personal wireless communications device to be used in a hands
  535  free manner.
  536         Section 21. Subsection (7) of section 316.622, Florida
  537  Statutes, is amended to read:
  538         316.622 Farm labor vehicles.—
  539         (7) A violation of this section is a noncriminal traffic
  540  infraction, punishable as provided in s. 318.18(17) s.
  541  318.18(16).
  542         Section 22. Section 318.121, Florida Statutes, is amended
  543  to read:
  544         318.121 Preemption of additional fees, fines, surcharges,
  545  and costs.—Notwithstanding any general or special law, or
  546  municipal or county ordinance, additional fees, fines,
  547  surcharges, or costs other than the court costs and surcharges
  548  assessed under s. 318.18(12), (14), (19), (20), and (23) s.
  549  318.18(11), (13), (18), (19), and (22) may not be added to the
  550  civil traffic penalties assessed under this chapter.
  551         Section 23. Subsections (13), (16) through (19), and (21)
  552  of section 318.21, Florida Statutes, are amended to read:
  553         318.21 Disposition of civil penalties by county courts.—All
  554  civil penalties received by a county court pursuant to the
  555  provisions of this chapter shall be distributed and paid monthly
  556  as follows:
  557         (13) Of the proceeds from the fine under s. 318.18(16) s.
  558  318.18(15), $65 shall be remitted to the Department of Revenue
  559  for deposit into the Administrative Trust Fund of the Department
  560  of Health and the remaining $60 shall be distributed pursuant to
  561  subsections (1) and (2).
  562         (16) The proceeds from the fines described in s. 318.18(17)
  563  s. 318.18(16) shall be remitted to the law enforcement agency
  564  that issues the citation for a violation of s. 316.622. The
  565  funds must be used for continued education and enforcement of s.
  566  316.622 and other related safety measures contained in chapter
  567  316.
  568         (17) Notwithstanding subsections (1) and (2), the proceeds
  569  from the administrative fee surcharge imposed under s.
  570  318.18(18) s. 318.18(17) shall be distributed as provided in
  571  that subsection. This subsection expires July 1, 2026.
  572         (18) Notwithstanding subsections (1) and (2), the proceeds
  573  from the administrative fee imposed under s. 318.18(19) s.
  574  318.18(18) shall be distributed as provided in that subsection.
  575         (19) Notwithstanding subsections (1) and (2), the proceeds
  576  from the fees Article V assessment imposed under s. 318.18(20)
  577  s. 318.18(19) shall be distributed as provided in that
  578  subsection.
  579         (21) Notwithstanding subsections (1) and (2), the proceeds
  580  from the additional penalties imposed pursuant to s.
  581  318.18(5)(c) and (21) (20) shall be distributed as provided in
  582  that section.
  583         Section 24. Subsection (1) of section 395.4036, Florida
  584  Statutes, is amended to read:
  585         395.4036 Trauma payments.—
  586         (1) Recognizing the Legislature’s stated intent to provide
  587  financial support to the current verified trauma centers and to
  588  provide incentives for the establishment of additional trauma
  589  centers as part of a system of state-sponsored trauma centers,
  590  the department shall utilize funds collected under s. 318.18 and
  591  deposited into the Emergency Medical Services Trust Fund of the
  592  department to ensure the availability and accessibility of
  593  trauma services throughout the state as provided in this
  594  subsection.
  595         (a) Funds collected under s. 318.18(16) s. 318.18(15) shall
  596  be distributed as follows:
  597         1. Twenty percent of the total funds collected during the
  598  state fiscal year shall be distributed to verified trauma
  599  centers that have a local funding contribution as of December
  600  31. Distribution of funds under this subparagraph shall be based
  601  on trauma caseload volume for the most recent calendar year
  602  available.
  603         2. Forty percent of the total funds collected shall be
  604  distributed to verified trauma centers based on trauma caseload
  605  volume for the most recent calendar year available. The
  606  determination of caseload volume for distribution of funds under
  607  this subparagraph shall be based on the hospital discharge data
  608  for patients who meet the criteria for classification as a
  609  trauma patient reported by each trauma center pursuant to s.
  610  408.061.
  611         3. Forty percent of the total funds collected shall be
  612  distributed to verified trauma centers based on severity of
  613  trauma patients for the most recent calendar year available. The
  614  determination of severity for distribution of funds under this
  615  subparagraph shall be based on the department’s International
  616  Classification Injury Severity Scores or another statistically
  617  valid and scientifically accepted method of stratifying a trauma
  618  patient’s severity of injury, risk of mortality, and resource
  619  consumption as adopted by the department by rule, weighted based
  620  on the costs associated with and incurred by the trauma center
  621  in treating trauma patients. The weighting of scores shall be
  622  established by the department by rule.
  623         (b) Funds collected under s. 318.18(5)(c) and (21) (20)
  624  shall be distributed as follows:
  625         1. Thirty percent of the total funds collected shall be
  626  distributed to Level II trauma centers operated by a public
  627  hospital governed by an elected board of directors as of
  628  December 31, 2008.
  629         2. Thirty-five percent of the total funds collected shall
  630  be distributed to verified trauma centers based on trauma
  631  caseload volume for the most recent calendar year available. The
  632  determination of caseload volume for distribution of funds under
  633  this subparagraph shall be based on the hospital discharge data
  634  for patients who meet the criteria for classification as a
  635  trauma patient reported by each trauma center pursuant to s.
  636  408.061.
  637         3. Thirty-five percent of the total funds collected shall
  638  be distributed to verified trauma centers based on severity of
  639  trauma patients for the most recent calendar year available. The
  640  determination of severity for distribution of funds under this
  641  subparagraph shall be based on the department’s International
  642  Classification Injury Severity Scores or another statistically
  643  valid and scientifically accepted method of stratifying a trauma
  644  patient’s severity of injury, risk of mortality, and resource
  645  consumption as adopted by the department by rule, weighted based
  646  on the costs associated with and incurred by the trauma center
  647  in treating trauma patients. The weighting of scores shall be
  648  established by the department by rule.
  649         Section 25. This act shall take effect July 1, 2024.
  650  
  651  ================= T I T L E  A M E N D M E N T ================
  652  And the title is amended as follows:
  653         Delete lines 12 - 77
  654  and insert:
  655         amending s. 316.1575, F.S.; revising provisions
  656         requiring a person approaching a railroad-highway
  657         grade crossing to stop within a certain distance from
  658         the nearest rail; revising penalties; amending s.
  659         316.1576, F.S.; revising circumstances under which a
  660         person is prohibited from driving a vehicle through a
  661         railroad-highway grade crossing; revising penalties;
  662         amending s. 318.18, F.S.; revising the penalties for
  663         certain offenses; amending s. 322.27, F.S.; revising
  664         the point system for convictions for violations of
  665         motor vehicle laws and ordinances; amending s.
  666         334.046, F.S.; revising provisions relating to the
  667         department’s mission, goals, and objectives; creating
  668         s. 334.61, F.S.; requiring a governmental entity that
  669         proposes a certain project to conduct a traffic study;
  670         requiring notice to affected property owners, impacted
  671         municipalities, and counties in which the project is
  672         located within a specified timeframe; providing notice
  673         requirements; requiring such governmental entity to
  674         hold a public meeting before completion of the design
  675         phase of such project; providing requirements for such
  676         public meeting; requiring such governmental entity to
  677         review and take into consideration comments and
  678         alternatives presented in such public meeting in the
  679         final project design; amending s. 338.231, F.S.;
  680         revising the time period for which a prepaid toll
  681         account must remain inactive in order to be presumed
  682         unclaimed; amending s. 339.08, F.S.; prohibiting the
  683         department from expending certain state funds to
  684         support certain projects or programs; amending s.
  685         339.0803, F.S.; prioritizing availability of certain
  686         revenues deposited into the State Transportation Trust
  687         Fund for payments under service contracts with the
  688         Florida Department of Transportation Financing
  689         Corporation to fund arterial highway projects;
  690         authorizing two or more of such projects to be treated
  691         as a single project for certain purposes; amending s.
  692         339.0809, F.S.; specifying priority of availability of
  693         funds appropriated for payments under a service
  694         contract with the corporation; authorizing the
  695         department to enter into service contracts to finance
  696         certain projects; providing requirements for annual
  697         service contract payments; amending s. 339.2818, F.S.;
  698         authorizing certain local governments, subject to
  699         appropriation, to compete for additional funding for
  700         certain county roads; amending s. 341.051, F.S.;
  701         providing voting and meeting notice requirements for
  702         specified public transit projects; providing meeting
  703         notice requirements for discussion of specified
  704         actions by a public transit provider; requiring
  705         certain unallocated funds for the New Starts Transit
  706         Program to be reallocated for the purpose of the
  707         Strategic Intermodal System; limiting the displays a
  708         public transit provider, as a condition of receiving
  709         state funds, may display on certain vehicles;
  710         requiring the department to incorporate guidelines in
  711         the public transportation grant agreement entered into
  712         with each public transit provider; prohibiting certain
  713         media on passenger windows of public transit provider
  714         vehicles from being darker than certain window tinting
  715         requirements; amending s. 341.071, F.S.; providing
  716         definitions; requiring each public transit provider to
  717         annually certify that its budgeted and general
  718         administration costs do not exceed the annual state
  719         average of administrative costs by more than a certain
  720         percentage, to annually present a specified budget
  721         report, and to annually post a specified disclosure on
  722         its website; specifying the method by which the
  723         department is required to determine a certain annual
  724         state average; requiring a specified increase in
  725         general administration costs to be reviewed and
  726         approved by certain entities; amending s. 341.822,
  727         F.S.; revising powers of the Florida Rail Enterprise;
  728         amending ss. 28.37, 142.01, 316.1951, 316.306,
  729         316.622, 318.121, 318.21, and 395.4036, F.S.;
  730         conforming cross-references; conforming provisions to
  731         changes made by the act;