Bill Text: FL S1730 | 2018 | Regular Session | Introduced

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Bill Title: School Bus Safety

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Criminal Justice [S1730 Detail]

Download: Florida-2018-S1730-Introduced.html

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       Florida Senate - 2018                                    SB 1730
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01365-18                                           20181730__
    1                        A bill to be entitled                      
    2         An act relating to school bus safety; amending s.
    3         316.172, F.S.; providing that a person using,
    4         operating, or driving a vehicle who passes a school
    5         bus on the side that children enter and exit while the
    6         school bus displays a stop signal commits reckless
    7         driving, rather than a moving violation; specifying
    8         that such violation is punishable as reckless driving,
    9         rather than as a moving violation; deleting a
   10         provision requiring that such person be subject to a
   11         mandatory hearing; amending ss. 318.17, 318.18,
   12         318.19, 318.21, and 395.4036, F.S.; conforming
   13         provisions to changes made by the act; conforming
   14         cross-references; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (b) of subsection (1) of section
   19  316.172, Florida Statutes, is amended to read:
   20         316.172 Traffic to stop for school bus.—
   21         (1)
   22         (b) Any person using, operating, or driving a vehicle that
   23  passes a school bus on the side that children enter and exit
   24  while when the school bus displays a stop signal commits
   25  reckless driving a moving violation, punishable as provided in
   26  s. 316.192 chapter 318, and is subject to a mandatory hearing
   27  under the provisions of s. 318.19.
   28         Section 2. Section 318.17, Florida Statutes, is amended to
   29  read:
   30         318.17 Offenses excepted.—No provision of this chapter is
   31  available to a person who is charged with any of the following
   32  offenses:
   33         (1) Fleeing or attempting to elude a police officer, in
   34  violation of s. 316.1935.;
   35         (2) Leaving the scene of a crash, in violation of ss.
   36  316.027 and 316.061.;
   37         (3) Driving, or being in actual physical control of, any
   38  vehicle while under the influence of alcoholic beverages, any
   39  chemical substance set forth in s. 877.111, or any substance
   40  controlled under chapter 893, in violation of s. 316.193, or
   41  driving with an unlawful blood-alcohol level.;
   42         (4) Reckless driving, in violation of s. 316.172(1)(b) or
   43  s. 316.192.;
   44         (5) Making false crash reports, in violation of s.
   45  316.067.;
   46         (6) Willfully failing or refusing to comply with any lawful
   47  order or direction of any police officer or member of the fire
   48  department, in violation of s. 316.072(3).;
   49         (7) Obstructing an officer, in violation of s. 316.545(1).;
   50  or
   51         (8) Any other offense in chapter 316 which is classified as
   52  a criminal violation.
   53         Section 3. Paragraphs (b) and (c) of subsection (5) of
   54  section 318.18, Florida Statutes, are amended, paragraph (d) of
   55  that subsection is redesignated as paragraph (c), and subsection
   56  (20) of that section is amended to read:
   57         318.18 Amount of penalties.—The penalties required for a
   58  noncriminal disposition pursuant to s. 318.14 or a criminal
   59  offense listed in s. 318.17 are as follows:
   60         (5)
   61         (b) Two hundred dollars for a violation of s.
   62  316.172(1)(b), passing a school bus on the side that children
   63  enter and exit when the school bus displays a stop signal. If,
   64  at a hearing, the alleged offender is found to have committed
   65  this offense, the court shall impose a minimum civil penalty of
   66  $200. In addition to this penalty, for a second or subsequent
   67  offense within a period of 5 years, the department shall suspend
   68  the driver license of the person for not less than 180 days and
   69  not more than 1 year.
   70         (b)(c) In addition to the penalty under paragraph (a) or
   71  paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
   72  If the alleged offender is found to have committed the offense,
   73  the court shall impose the civil penalty under paragraph (a) or
   74  paragraph (b) plus an additional $65. The additional $65
   75  collected under this paragraph shall be remitted to the
   76  Department of Revenue for deposit into the Emergency Medical
   77  Services Trust Fund of the Department of Health to be used as
   78  provided in s. 395.4036.
   79         (20) In addition to any other penalty, $65 for a violation
   80  of s. 316.191, prohibiting racing on highways, or s.
   81  316.172(1)(b) or s. 316.192, prohibiting reckless driving. The
   82  additional $65 collected under this subsection shall be remitted
   83  to the Department of Revenue for deposit into the Emergency
   84  Medical Services Trust Fund of the Department of Health to be
   85  used as provided in s. 395.4036.
   86         Section 4. Section 318.19, Florida Statutes, is amended to
   87  read:
   88         318.19 Infractions requiring a mandatory hearing.—Any
   89  person cited for the infractions listed in this section may
   90  shall not have the provisions of s. 318.14(2), (4), and (9)
   91  available to him or her but must appear before the designated
   92  official at the time and location of the scheduled hearing:
   93         (1) Any infraction that which results in a crash causing
   94  that causes the death of another;
   95         (2) Any infraction that which results in a crash causing
   96  serious bodily injury, that causes “serious bodily injury” of
   97  another as defined in s. 316.1933(1), of another;
   98         (3) Any infraction of s. 316.172(1)(b);
   99         (3)(4) Any infraction of s. 316.520(1) or (2); or
  100         (4)(5) Any infraction of s. 316.183(2), s. 316.187, or s.
  101  316.189 of exceeding the speed limit by 30 m.p.h. or more.
  102         Section 5. Subsection (21) of section 318.21, Florida
  103  Statutes, is amended to read:
  104         318.21 Disposition of civil penalties by county courts.—All
  105  civil penalties received by a county court pursuant to the
  106  provisions of this chapter shall be distributed and paid monthly
  107  as follows:
  108         (21) Notwithstanding subsections (1) and (2), the proceeds
  109  from the additional penalties imposed pursuant to s.
  110  318.18(5)(b) 318.18(5)(c) and (20) shall be distributed as
  111  provided in that section.
  112         Section 6. Paragraph (b) of subsection (1) of section
  113  395.4036, Florida Statutes, is amended to read:
  114         395.4036 Trauma payments.—
  115         (1) Recognizing the Legislature’s stated intent to provide
  116  financial support to the current verified trauma centers and to
  117  provide incentives for the establishment of additional trauma
  118  centers as part of a system of state-sponsored trauma centers,
  119  the department shall utilize funds collected under s. 318.18 and
  120  deposited into the Emergency Medical Services Trust Fund of the
  121  department to ensure the availability and accessibility of
  122  trauma services throughout the state as provided in this
  123  subsection.
  124         (b) Funds collected under s. 318.18(5)(b) s. 318.18(5)(c)
  125  and (20) shall be distributed as follows:
  126         1. Thirty percent of the total funds collected shall be
  127  distributed to Level II trauma centers operated by a public
  128  hospital governed by an elected board of directors as of
  129  December 31, 2008.
  130         2. Thirty-five percent of the total funds collected shall
  131  be distributed to verified trauma centers based on trauma
  132  caseload volume for the most recent calendar year available. The
  133  determination of caseload volume for distribution of funds under
  134  this subparagraph shall be based on the department’s Trauma
  135  Registry data.
  136         3. Thirty-five percent of the total funds collected shall
  137  be distributed to verified trauma centers based on severity of
  138  trauma patients for the most recent calendar year available. The
  139  determination of severity for distribution of funds under this
  140  subparagraph shall be based on the department’s International
  141  Classification Injury Severity Scores or another statistically
  142  valid and scientifically accepted method of stratifying a trauma
  143  patient’s severity of injury, risk of mortality, and resource
  144  consumption as adopted by the department by rule, weighted based
  145  on the costs associated with and incurred by the trauma center
  146  in treating trauma patients. The weighting of scores shall be
  147  established by the department by rule.
  148         Section 7. This act shall take effect October 1, 2018.