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
2An act relating to traffic offenses; amending s. 316.027,
3F.S.; requiring the court to impose certain penalties for
4a person who commits a noncriminal traffic infraction that
5results in death or serious bodily injury; amending ss.
6318.14 and 318.18, F.S.; conforming provisions to changes
7made by the act; amending s. 318.19, F.S.; providing that
8the victim of a crash that causes death or serious bodily
9injury or the victim's representative is entitled to
10certain rights regarding any judicial proceeding relating
11to the crash; requiring the state attorney to consult the
12victim or the victim's representative about the
13disposition of any such case; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (4) of section 316.027, Florida
18Statutes, is amended to read:
19 316.027 Crash involving death or personal injuries.-
20 (4) A person whose commission of a noncriminal traffic
21infraction or any violation of this chapter or s. 1006.66 causes
22or results in the death or serious bodily injury, as defined in
23s. 316.1933(1), of another person shall may, in addition to any
24other civil, criminal, or administrative penalty imposed, be
25required by the court to complete an 8-hour driver improvement
26course and serve not less than 15 but not more than 120
27community service hours in a trauma center or hospital that
28regularly receives victims of vehicle accidents, under the
29supervision of a registered nurse, an emergency room physician,
30or an emergency medical technician pursuant to a voluntary
31community service program operated by the trauma center or
32hospital.
33 Section 2. Subsections (1) and (5) of section 318.14,
34Florida Statutes, are amended to read:
35 318.14 Noncriminal traffic infractions; exception;
36procedures.-
37 (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
38person cited for a violation of chapter 316, s. 320.0605, s.
39320.07(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
41a noncriminal infraction and must be cited for such an
42infraction and cited to appear before an official. If another
43person dies as a result of the noncriminal infraction, the
44person cited may be required to perform 120 community service
45hours under s. 316.027(4), in addition to any other penalties.
46 (5) Any person electing to appear before the designated
47official or who is required so to appear shall be deemed to have
48waived his or her right to the civil penalty provisions of s.
49318.18. The official, after a hearing, shall make a
50determination as to whether an infraction has been committed. If
51the commission of an infraction has been proven, the official
52may impose a civil penalty not to exceed $500, except that in
53cases involving unlawful speed in a school zone or involving
54unlawful speed in a construction zone, the civil penalty may not
55exceed $1,000; or require attendance at a driver improvement
56school, or both. If the person is required to appear before the
57designated official pursuant to s. 318.19(1)(a) and is found to
58have committed the infraction, the designated official shall
59impose a civil penalty of $1,000 in addition to any other
60penalties and the person's driver's license shall be suspended
61for 6 months. If the person is required to appear before the
62designated official pursuant to s. 318.19(1)(b)(2) and is found
63to have committed the infraction, the designated official shall
64impose a civil penalty of $500 in addition to any other
65penalties and the person's driver's license shall be suspended
66for 3 months. If the official determines that no infraction has
67been committed, no costs or penalties shall be imposed and any
68costs or penalties that have been paid shall be returned. Moneys
69received from the mandatory civil penalties imposed pursuant to
70this subsection upon persons required to appear before a
71designated official pursuant to s. 318.19(1)(a) or (b) (2) shall
72be remitted to the Department of Revenue and deposited into the
73Department of Health Administrative Trust Fund to provide
74financial support to certified trauma centers to assure the
75availability and accessibility of trauma services throughout the
76state. Funds deposited into the Administrative Trust Fund under
77this section shall be allocated as follows:
78 (a) Fifty percent shall be allocated equally among all
79Level I, Level II, and pediatric trauma centers in recognition
80of readiness costs for maintaining trauma services.
81 (b) Fifty percent shall be allocated among Level I, Level
82II, and pediatric trauma centers based on each center's relative
83volume of trauma cases as reported in the Department of Health
84Trauma Registry.
85 Section 3. Paragraph (c) of subsection (8) of section
86318.18, Florida Statutes, is amended to read:
87 318.18 Amount of penalties.-The penalties required for a
88noncriminal disposition pursuant to s. 318.14 or a criminal
89offense listed in s. 318.17 are as follows:
90 (8)
91 (c) If the noncriminal infraction has caused or resulted
92in the death of another, the person who committed the infraction
93may perform 120 community service hours under s. 316.027(4), in
94addition to any other penalties.
95 Section 4. Section 318.19, Florida Statutes, is amended to
96read:
97 318.19 Infractions requiring a mandatory hearing.-
98 (1) Any person cited for any of the following infractions
99listed in this section shall not have the provisions of s.
100318.14(2), (4), and (9) available to him or her but must appear
101before the designated official at the time and location of the
102scheduled hearing:
103 (a)(1) Any infraction which results in a crash that causes
104the 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.
110316.189 of exceeding the speed limit by 30 m.p.h. or more.
111 (2) Any victim of a crash that causes death or serious
112bodily injury as provided in paragraph (1)(a) or paragraph
113(1)(b) or his or her lawful representative, including the next
114of kin if the victim is deceased, is entitled to the right to be
115informed, to be present, and to be heard when relevant at all
116crucial stages of a judicial hearing, to the extent that these
117rights do not interfere with the constitutional rights of the
118accused. The state attorney, if applicable, shall consult the
119victim or his or her lawful representative about the disposition
120of any such case.
121 Section 5. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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