Bill Text: FL H0875 | 2010 | Regular Session | Comm Sub

---

Bill Title: Traffic Offenses

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Public Safety & Domestic Security Policy (CCJP) [H0875 Detail]

Download: Florida-2010-H0875-Comm_Sub.html

---

CS/HB 875

1	A bill to be entitled
2	An act relating to traffic offenses; amending s. 316.027,
3	F.S.; requiring the court to impose certain penalties for
4	a person who commits a noncriminal traffic infraction that
5	results in death or serious bodily injury; amending ss.
6	318.14 and 318.18, F.S.; conforming provisions to changes
7	made by the act; amending s. 318.19, F.S.; providing that
8	the victim of a crash that causes death or serious bodily
9	injury or the victim's representative is entitled to
10	certain rights regarding any judicial proceeding relating
11	to the crash; requiring the state attorney to consult the
12	victim or the victim's representative about the
13	disposition of any such case; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (4) of section 316.027, Florida
18	Statutes, is amended to read:
19	316.027 Crash involving death or personal injuries.-
20	(4) A person whose commission of a noncriminal traffic
21	infraction or any violation of this chapter or s. 1006.66 causes
22	or results in the death or serious bodily injury, as defined in
23	s. 316.1933(1), of another person shall may, in addition to any
24	other civil, criminal, or administrative penalty imposed, be
25	required by the court to complete an 8-hour driver improvement
26	course and serve not less than 15 but not more than 120
27	community service hours in a trauma center or hospital that
28	regularly receives victims of vehicle accidents, under the
29	supervision of a registered nurse, an emergency room physician,
30	or an emergency medical technician pursuant to a voluntary
31	community service program operated by the trauma center or
32	hospital.
33	Section 2. Subsections (1) and (5) of section 318.14,
34	Florida Statutes, are amended to read:
35	318.14 Noncriminal traffic infractions; exception;
36	procedures.-
37	(1) Except as provided in ss. 318.17 and 320.07(3)(c), any
38	person cited for a violation of chapter 316, s. 320.0605, s.
39	320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
40	(3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
41	a noncriminal infraction and must be cited for such an
42	infraction and cited to appear before an official. If another
43	person dies as a result of the noncriminal infraction, the
44	person cited may be required to perform 120 community service
45	hours under s. 316.027(4), in addition to any other penalties.
46	(5) Any person electing to appear before the designated
47	official or who is required so to appear shall be deemed to have
48	waived his or her right to the civil penalty provisions of s.
49	318.18. The official, after a hearing, shall make a
50	determination as to whether an infraction has been committed. If
51	the commission of an infraction has been proven, the official
52	may impose a civil penalty not to exceed $500, except that in
53	cases involving unlawful speed in a school zone or involving
54	unlawful speed in a construction zone, the civil penalty may not
55	exceed $1,000; or require attendance at a driver improvement
56	school, or both. If the person is required to appear before the
57	designated official pursuant to s. 318.19(1)(a) and is found to
58	have committed the infraction, the designated official shall
59	impose a civil penalty of $1,000 in addition to any other
60	penalties and the person's driver's license shall be suspended
61	for 6 months. If the person is required to appear before the
62	designated official pursuant to s. 318.19(1)(b)(2) and is found
63	to have committed the infraction, the designated official shall
64	impose a civil penalty of $500 in addition to any other
65	penalties and the person's driver's license shall be suspended
66	for 3 months. If the official determines that no infraction has
67	been committed, no costs or penalties shall be imposed and any
68	costs or penalties that have been paid shall be returned. Moneys
69	received from the mandatory civil penalties imposed pursuant to
70	this subsection upon persons required to appear before a
71	designated official pursuant to s. 318.19(1)(a) or (b) (2) shall
72	be remitted to the Department of Revenue and deposited into the
73	Department of Health Administrative Trust Fund to provide
74	financial support to certified trauma centers to assure the
75	availability and accessibility of trauma services throughout the
76	state. Funds deposited into the Administrative Trust Fund under
77	this section shall be allocated as follows:
78	(a) Fifty percent shall be allocated equally among all
79	Level I, Level II, and pediatric trauma centers in recognition
80	of readiness costs for maintaining trauma services.
81	(b) Fifty percent shall be allocated among Level I, Level
82	II, and pediatric trauma centers based on each center's relative
83	volume of trauma cases as reported in the Department of Health
84	Trauma Registry.
85	Section 3. Paragraph (c) of subsection (8) of section
86	318.18, Florida Statutes, is amended to read:
87	318.18 Amount of penalties.-The penalties required for a
88	noncriminal disposition pursuant to s. 318.14 or a criminal
89	offense listed in s. 318.17 are as follows:
90	(8)
91	(c) If the noncriminal infraction has caused or resulted
92	in the death of another, the person who committed the infraction
93	may perform 120 community service hours under s. 316.027(4), in
94	addition to any other penalties.
95	Section 4. Section 318.19, Florida Statutes, is amended to
96	read:
97	318.19 Infractions requiring a mandatory hearing.-
98	(1) Any person cited for any of the following infractions
99	listed in this section shall not have the provisions of s.
100	318.14(2), (4), and (9) available to him or her but must appear
101	before the designated official at the time and location of the
102	scheduled hearing:
103	(a)(1) Any infraction which results in a crash that causes
104	the death of another;
105	(b)(2) Any infraction which results in a crash that causes
106	"serious bodily injury" of another as defined in s. 316.1933(1);
107	(c)(3) Any infraction of s. 316.172(1)(b);
108	(d)(4) Any infraction of s. 316.520(1) or (2); or
109	(e)(5) Any infraction of s. 316.183(2), s. 316.187, or s.
110	316.189 of exceeding the speed limit by 30 m.p.h. or more.
111	(2) Any victim of a crash that causes death or serious
112	bodily injury as provided in paragraph (1)(a) or paragraph
113	(1)(b) or his or her lawful representative, including the next
114	of kin if the victim is deceased, is entitled to the right to be
115	informed, to be present, and to be heard when relevant at all
116	crucial stages of a judicial hearing, to the extent that these
117	rights do not interfere with the constitutional rights of the
118	accused. The state attorney, if applicable, shall consult the
119	victim or his or her lawful representative about the disposition
120	of any such case.
121	Section 5. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.