Bill Text: FL H0039 | 2012 | Regular Session | Introduced

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Bill Title: Traffic Safety

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Transportation and Highway Safety Subcommittee [H0039 Detail]

Download: Florida-2012-H0039-Introduced.html

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HB 39

1	A bill to be entitled
2	An act relating to traffic safety; creating s.
3	316.901, F.S.; directing a law enforcement officer who
4	observes a person committing a moving violation while
5	using a handheld mobile telecommunications device to
6	indicate on the citation that the person was using a
7	handheld mobile telecommunications device while
8	committing the violation and whether the violation
9	occurred within a school zone; requiring the person
10	cited to appear before a designated official; defining
11	the term "mobile telecommunications device"; amending
12	s. 318.14, F.S.; providing additional penalties for
13	any moving violation committed while using a handheld
14	mobile telecommunications device; amending s. 318.19,
15	F.S.; requiring a person cited for a moving violation
16	while using a handheld mobile telecommunications
17	device to appear before a designated official;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 316.901, Florida Statutes, is created
23	to read:
24	316.901  Moving violation while using a handheld mobile
25	telecommunications device.-A law enforcement officer who
26	observes a person committing a moving violation while using a
27	handheld mobile telecommunications device shall cite the person
28	for the moving violation and indicate on the citation that the
29	person was using a handheld mobile telecommunications device
30	while committing the violation and whether the violation
31	occurred within a school zone. A person cited for a moving
32	violation while using a handheld mobile telecommunications
33	device must appear before a designated official and pay the
34	penalties prescribed pursuant to s. 318.14(5). For purposes of
35	this section, a "mobile telecommunications device" means a
36	wireless telephone or other device used to access the services
37	of a commercial mobile radio service for the purpose of sending
38	or receiving voice, text, or other data, including, but not
39	limited to, computer data, electronic mail, electronic messages,
40	games, music, images, and video. The term "mobile
41	telecommunications device" includes, but is not limited to, a
42	cellular telephone, cellular telephone accessory device,
43	computer, game machine, personal digital assistant, and text
44	messaging device, but does not include a pager as defined in 47
45	C.F.R. s. 22.99.
46	Section 2.  Subsection (5) of section 318.14, Florida
47	Statutes, is amended to read:
48	318.14  Noncriminal traffic infractions; exception;
49	procedures.-
50	(5)  Any person electing to appear before the designated
51	official or who is required so to appear shall be deemed to have
52	waived his or her right to the civil penalty provisions of s.
53	318.18. The official, after a hearing, shall make a
54	determination as to whether an infraction has been committed. If
55	the commission of an infraction has been proven, the official
56	may impose a civil penalty not to exceed $500, except that in
57	cases involving unlawful speed in a school zone or involving
58	unlawful speed in a construction zone, the civil penalty may not
59	exceed $1,000; or require attendance at a driver improvement
60	school, or both. If the person is required to appear before the
61	designated official pursuant to s. 318.19(1) and is found to
62	have committed the infraction, the designated official shall
63	impose a civil penalty of $1,000 in addition to any other
64	penalties and the person's driver's license shall be suspended
65	for 6 months. If the person is required to appear before the
66	designated official pursuant to s. 318.19(2) and is found to
67	have committed the infraction, the designated official shall
68	impose a civil penalty of $500 in addition to any other
69	penalties and the person's driver's license shall be suspended
70	for 3 months. If the person is required to appear before the
71	designated official pursuant to s. 318.19(6) and is found to
72	have committed the infraction while using a handheld mobile
73	telecommunications device, the person shall pay $50 in addition
74	to the penalty imposed by the official and any other costs and
75	penalties imposed. If the person is required to appear before
76	the designated official pursuant to s. 318.19(6) and is found to
77	have committed the infraction while using a handheld mobile
78	telecommunications device within a school zone, the person shall
79	pay $100 in addition to the penalty imposed by the official and
80	any other costs and penalties imposed. If the official
81	determines that no infraction has been committed, no costs or
82	penalties shall be imposed and any costs or penalties that have
83	been paid shall be returned.
84	(a)  Moneys received from the mandatory civil penalties
85	imposed pursuant to this subsection upon persons required to
86	appear before a designated official pursuant to s. 318.19(1) or
87	(2) shall be remitted to the Department of Revenue and deposited
88	into the Department of Health Emergency Medical Services Trust
89	Fund to provide financial support to certified trauma centers to
90	assure the availability and accessibility of trauma services
91	throughout the state.
92	(b)  Funds deposited into the Emergency Medical Services
93	Trust Fund under this section shall be allocated as follows:
94	1.(a)  Fifty percent shall be allocated equally among all
95	Level I, Level II, and pediatric trauma centers in recognition
96	of readiness costs for maintaining trauma services.
97	2.(b)  Fifty percent shall be allocated among Level I,
98	Level II, and pediatric trauma centers based on each center's
99	relative volume of trauma cases as reported in the Department of
100	Health Trauma Registry.
101	Section 3.  Subsections (4) and (5) of section 318.19,
102	Florida Statutes, are amended, and subsection (6) is added to
103	that section, to read:
104	318.19  Infractions requiring a mandatory hearing.-Any
105	person cited for the infractions listed in this section shall
106	not have the provisions of s. 318.14(2), (4), and (9) available
107	to him or her but must appear before the designated official at
108	the time and location of the scheduled hearing:
109	(4)  Any infraction of s. 316.520(1) or (2); or
110	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
111	316.189 of exceeding the speed limit by 30 m.p.h. or more; or
112	(6)  Any moving violation under chapter 316 while using a
113	handheld mobile telecommunications device.
114	Section 4.  This act shall take effect October 1, 2012.

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