Bill Text: FL S0488 | 2017 | Regular Session | Introduced
Bill Title: Noncriminal Traffic Infractions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0488 Detail]
Download: Florida-2017-S0488-Introduced.html
Florida Senate - 2017 SB 488 By Senator Stargel 22-00307-17 2017488__ 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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 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;and30 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 person39makes an election to attend a basic driver improvement course40under this subsection, 18 percent of the civil penalty imposed41under s. 318.18(3) shall be deposited in the State Courts42Revenue Trust Fund; however, that portion is not revenue for43purposes of s. 28.36 and may not be used in establishing the44budget 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 iswasan 18 56 percent reduction pursuant to s. 318.14(9)as it existed before57February 1, 2009, the person must pay the clerk of the court 58 that amount and a processing fee of up to $18, after whichno59 additional penalties, court costs, or surcharges may notshall60 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 whichnoadditional penalties, court costs, or surcharges may 63 notshallbe 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, 2017.