December 03, 2020
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       Florida Senate - 2010                                    SB 1604
       
       
       
       By Senator Smith
       
       
       
       
       29-01469-10                                           20101604__
    1                        A bill to be entitled                      
    2         An act relating to penalties for violation of traffic
    3         laws; amending s. 318.14, F.S.; providing for a person
    4         charged with a noncriminal traffic infraction to make
    5         periodic payments to pay civil penalties and fees;
    6         directing the clerks of court to establish a system to
    7         accept such periodic payments; requiring the system to
    8         provide for adjustment of payments under certain
    9         circumstances; providing that the designated official
   10         hearing the case of a traffic law violation may
   11         withhold adjudication and that such action is not a
   12         conviction; amending s. 318.15, F.S.; providing for
   13         suspension of a driver’s license for failure to enter
   14         into or make payments under a penalty payment plan;
   15         providing for reinstatement of the suspended license;
   16         amending s. 322.01, F.S.; providing that a judicial
   17         determination to withhold adjudication for a violation
   18         of specified provisions for driver licenses and
   19         identification cards is not a conviction; providing an
   20         effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 318.14, Florida Statutes, is amended to
   25  read:
   26         318.14 Noncriminal traffic infractions; exception;
   27  procedures.—
   28         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   29  person cited for a violation of chapter 316, s. 320.0605, s.
   30  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
   31  (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
   32  a noncriminal infraction and must be cited for such an
   33  infraction and cited to appear before an official. If another
   34  person dies as a result of the noncriminal infraction, the
   35  person cited may be required to perform 120 community service
   36  hours under s. 316.027(4), in addition to any other penalties.
   37         (2) Except as provided in s. 316.1001(2), any person cited
   38  for an infraction under this section must sign and accept a
   39  citation indicating a promise to appear. The officer may
   40  indicate on the traffic citation the time and location of the
   41  scheduled hearing and must indicate the applicable civil penalty
   42  established in s. 318.18.
   43         (3) Any person who willfully refuses to accept and sign a
   44  summons is guilty of a misdemeanor of the second degree.
   45         (4)(a) Except as provided in subsection (12), any person
   46  charged with a noncriminal infraction under this section who
   47  does not elect to appear shall, within 30 days after the date of
   48  issuance of the citation:
   49         1. Pay the civil penalty and delinquent fee, if applicable,
   50  either by mail or in person; or
   51         2. Enter into a payment plan with the clerk of the court to
   52  pay the civil penalty and delinquent fee, if applicable, within
   53  30 days after the date of issuance of the citation.
   54         (b) If the person cited follows the procedures in paragraph
   55  (a) above procedure, he or she shall be deemed to have admitted
   56  the infraction and to have waived his or her right to a hearing
   57  on the issue of commission of the infraction. Such admission
   58  shall not be used as evidence in any other proceedings. Any
   59  person who is cited for a violation of s. 320.0605 or s.
   60  322.15(1), or subject to a penalty under s. 320.07(3)(a) or (b)
   61  or s. 322.065, and who makes an election under this subsection
   62  shall submit proof of compliance with the applicable section to
   63  the clerk of the court. For the purposes of this subsection,
   64  proof of compliance consists of a valid driver’s license or a
   65  valid registration certificate.
   66         (5) Any person electing to appear before the designated
   67  official or who is required so to appear shall be deemed to have
   68  waived his or her right to the civil penalty provisions of s.
   69  318.18. The official, after a hearing, shall make a
   70  determination as to whether an infraction has been committed. If
   71  the commission of an infraction has been proven, the official
   72  may impose a civil penalty not to exceed $500, except that in
   73  cases involving unlawful speed in a school zone or involving
   74  unlawful speed in a construction zone, the civil penalty may not
   75  exceed $1,000; or require attendance at a driver improvement
   76  school, or both. If the person is required to appear before the
   77  designated official pursuant to s. 318.19(1) and is found to
   78  have committed the infraction, the designated official shall
   79  impose a civil penalty of $1,000 in addition to any other
   80  penalties and the person’s driver’s license shall be suspended
   81  for 6 months. If the person is required to appear before the
   82  designated official pursuant to s. 318.19(2) and is found to
   83  have committed the infraction, the designated official shall
   84  impose a civil penalty of $500 in addition to any other
   85  penalties and the person’s driver’s license shall be suspended
   86  for 3 months. After a hearing under this subsection, the
   87  designated official may withhold adjudication and such action is
   88  not a conviction. If the official determines that no infraction
   89  has been committed, no costs or penalties shall be imposed and
   90  any costs or penalties that have been paid shall be returned.
   91  Moneys received from the mandatory civil penalties imposed
   92  pursuant to this subsection upon persons required to appear
   93  before a designated official pursuant to s. 318.19(1) or (2)
   94  shall be remitted to the Department of Revenue and deposited
   95  into the Department of Health Administrative Trust Fund to
   96  provide financial support to certified trauma centers to assure
   97  the availability and accessibility of trauma services throughout
   98  the state. Funds deposited into the Administrative Trust Fund
   99  under this section shall be allocated as follows:
  100         (a) Fifty percent shall be allocated equally among all
  101  Level I, Level II, and pediatric trauma centers in recognition
  102  of readiness costs for maintaining trauma services.
  103         (b) Fifty percent shall be allocated among Level I, Level
  104  II, and pediatric trauma centers based on each center’s relative
  105  volume of trauma cases as reported in the Department of Health
  106  Trauma Registry.
  107         (6) The commission of a charged infraction at a hearing
  108  under this chapter must be proved beyond a reasonable doubt.
  109         (7)(a) The official having jurisdiction over the infraction
  110  shall certify to the department within 10 days after payment of
  111  the civil penalty that the defendant has admitted to the
  112  infraction. If the charge results in a hearing, the official
  113  having jurisdiction shall certify to the department the final
  114  disposition within 10 days after the hearing. All dispositions
  115  returned to the county requiring a correction shall be
  116  resubmitted to the department within 10 days after the
  117  notification of the error.
  118         (b) If the official having jurisdiction over the traffic
  119  infraction submits the final disposition to the department more
  120  than 180 days after the final hearing or after payment of the
  121  civil penalty, the department may modify any resulting
  122  suspension or revocation action to begin as if the citation were
  123  reported in a timely manner.
  124         (8) When a report of a determination or admission of an
  125  infraction is received by the department, it shall proceed to
  126  enter the proper number of points on the licensee’s driving
  127  record in accordance with s. 322.27.
  128         (9) Any person who does not hold a commercial driver’s
  129  license and who is cited for an infraction under this section
  130  other than a violation of s. 316.183(2), s. 316.187, or s.
  131  316.189 when the driver exceeds the posted limit by 30 miles per
  132  hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
  133  s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
  134  appearance, elect to attend in the location of his or her choice
  135  within this state a basic driver improvement course approved by
  136  the Department of Highway Safety and Motor Vehicles. In such a
  137  case, adjudication must be withheld and points, as provided by
  138  s. 322.27, may not be assessed. However, a person may not make
  139  an election under this subsection if the person has made an
  140  election under this subsection in the preceding 12 months. A
  141  person may make no more than five elections within 10 years
  142  under this subsection. The requirement for community service
  143  under s. 318.18(8) is not waived by a plea of nolo contendere or
  144  by the withholding of adjudication of guilt by a court. If a
  145  person makes an election to attend a basic driver improvement
  146  course under this subsection, 18 percent of the civil penalty
  147  imposed under s. 318.18(3) shall be deposited in the State
  148  Courts Revenue Trust Fund; however, that portion is not revenue
  149  for purposes of s. 28.36 and may not be used in establishing the
  150  budget of the clerk of the court under that section or s. 28.35.
  151         (10)(a) Any person who does not hold a commercial driver’s
  152  license and who is cited for an offense listed under this
  153  subsection may, in lieu of payment of fine or court appearance,
  154  elect to enter a plea of nolo contendere and provide proof of
  155  compliance to the clerk of the court or authorized operator of a
  156  traffic violations bureau. In such case, adjudication shall be
  157  withheld; however, no election shall be made under this
  158  subsection if such person has made an election under this
  159  subsection in the 12 months preceding election hereunder. No
  160  person may make more than three elections under this subsection.
  161  This subsection applies to the following offenses:
  162         1. Operating a motor vehicle without a valid driver’s
  163  license in violation of the provisions of s. 322.03, s. 322.065,
  164  or s. 322.15(1), or operating a motor vehicle with a license
  165  which has been suspended for failure to appear, failure to pay
  166  civil penalty, or failure to attend a driver improvement course
  167  pursuant to s. 322.291.
  168         2. Operating a motor vehicle without a valid registration
  169  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  170         3. Operating a motor vehicle in violation of s. 316.646.
  171         (b) Any person cited for an offense listed in this
  172  subsection shall present proof of compliance prior to the
  173  scheduled court appearance date. For the purposes of this
  174  subsection, proof of compliance shall consist of a valid,
  175  renewed, or reinstated driver’s license or registration
  176  certificate and proper proof of maintenance of security as
  177  required by s. 316.646. Notwithstanding waiver of fine, any
  178  person establishing proof of compliance shall be assessed court
  179  costs of $25, except that a person charged with violation of s.
  180  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  181  such costs shall be remitted to the Department of Revenue for
  182  deposit into the Child Welfare Training Trust Fund of the
  183  Department of Children and Family Services. One dollar of such
  184  costs shall be distributed to the Department of Juvenile Justice
  185  for deposit into the Juvenile Justice Training Trust Fund.
  186  Fourteen dollars of such costs shall be distributed to the
  187  municipality and $9 shall be deposited by the clerk of the court
  188  into the fine and forfeiture fund established pursuant to s.
  189  142.01, if the offense was committed within the municipality. If
  190  the offense was committed in an unincorporated area of a county
  191  or if the citation was for a violation of s. 316.646(1)-(3), the
  192  entire amount shall be deposited by the clerk of the court into
  193  the fine and forfeiture fund established pursuant to s. 142.01,
  194  except for the moneys to be deposited into the Child Welfare
  195  Training Trust Fund and the Juvenile Justice Training Trust
  196  Fund. This subsection shall not be construed to authorize the
  197  operation of a vehicle without a valid driver’s license, without
  198  a valid vehicle tag and registration, or without the maintenance
  199  of required security.
  200         (11) If adjudication is withheld for any person charged or
  201  cited under this section, such action is not a conviction.
  202         (12) Any person cited for a violation of s. 316.1001 may,
  203  in lieu of making an election as set forth in subsection (4) or
  204  s. 318.18(7), elect to pay a fine of $25, or such other amount
  205  as imposed by the governmental entity owning the applicable toll
  206  facility, plus the amount of the unpaid toll that is shown on
  207  the traffic citation directly to the governmental entity that
  208  issued the citation, or on whose behalf the citation was issued,
  209  within 30 days after the date of issuance of the citation. Any
  210  person cited for a violation of s. 316.1001 who does not elect
  211  to pay the fine imposed by the governmental entity owning the
  212  applicable toll facility plus the amount of the unpaid toll that
  213  is shown on the traffic citation directly to the governmental
  214  entity that issued the citation, or on whose behalf the citation
  215  was issued, as described in this subsection shall have an
  216  additional 45 days after the date of the issuance of the
  217  citation in which to request a court hearing or to pay the civil
  218  penalty and delinquent fee, if applicable, as provided in s.
  219  318.18(7), either by mail or in person, in accordance with
  220  subsection (4).
  221         (13)(a) A person cited for a violation of s. 316.1926
  222  shall, in addition to any other requirements provided in this
  223  section, pay a fine of $1,000. This fine is in lieu of the fine
  224  required under s. 318.18(3)(b), if the person was cited for
  225  violation of s. 316.1926(2).
  226         (b) A person cited for a second violation of s. 316.1926
  227  shall, in addition to any other requirements provided in this
  228  section, pay a fine of $2,500. This fine is in lieu of the fine
  229  required under s. 318.18(3)(b), if the person was cited for
  230  violation of s. 316.1926(2). In addition, the court shall revoke
  231  the person’s authorization and privilege to operate a motor
  232  vehicle for a period of 1 year and order the person to surrender
  233  his or her driver’s license.
  234         (c) A person cited for a third violation of s. 316.1926
  235  commits a felony of the third degree, punishable as provided in
  236  s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the
  237  court shall impose a fine of $5,000, revoke the person’s
  238  authorization and privilege to operate a motor vehicle for a
  239  period of 10 years, and order the person to surrender his or her
  240  driver’s license.
  241         (14) The clerks of the court shall establish a system for
  242  accepting periodic payments of civil penalties and applicable
  243  fees and charges associated with the disposition of traffic
  244  infraction citations. The payment plan shall provide for the
  245  adjustment of payments, without penalty, due to changes in the
  246  ability of the payor to make the payments.
  247         Section 2. Section 318.15, Florida Statutes, is amended to
  248  read:
  249         318.15 Failure to comply with civil penalty or to appear;
  250  penalty.—
  251         (1)(a) If a person fails to comply with the civil penalties
  252  provided in s. 318.18 within the time period specified in s.
  253  318.14(4), fails to enter into a penalty payment plan with the
  254  clerk of the court or fails to make payments for 8 consecutive
  255  weeks under that plan, fails to attend driver improvement
  256  school, or fails to appear at a scheduled hearing, the clerk of
  257  the court shall notify the Division of Driver Licenses of the
  258  Department of Highway Safety and Motor Vehicles of such failure
  259  within 10 days after such failure. Upon receipt of such notice,
  260  the department shall immediately issue an order suspending the
  261  driver’s license and privilege to drive of such person effective
  262  20 days after the date the order of suspension is mailed in
  263  accordance with s. 322.251(1), (2), and (6). Any such suspension
  264  of the driving privilege which has not been reinstated,
  265  including a similar suspension imposed outside Florida, shall
  266  remain on the records of the department for a period of 7 years
  267  from the date imposed and shall be removed from the records
  268  after the expiration of 7 years from the date it is imposed.
  269         (b) However, a person who elects to attend driver
  270  improvement school and has paid the civil penalty as provided in
  271  s. 318.14(9), but who subsequently fails to attend the driver
  272  improvement school within the time specified by the court shall
  273  be deemed to have admitted the infraction and shall be
  274  adjudicated guilty. In such a case in which there was an 18
  275  percent reduction pursuant to s. 318.14(9) as it existed before
  276  February 1, 2009, the person must pay the clerk of the court
  277  that amount and a processing fee of up to $18, after which no
  278  additional penalties, court costs, or surcharges shall be
  279  imposed for the violation. In all other such cases, the person
  280  must pay the clerk a processing fee of up to $18, after which no
  281  additional penalties, court costs, or surcharges shall be
  282  imposed for the violation. The clerk of the court shall notify
  283  the department of the person’s failure to attend driver
  284  improvement school and points shall be assessed pursuant to s.
  285  322.27.
  286         (2) After the suspension of a person’s driver’s license and
  287  privilege to drive under subsection (1), the license and
  288  privilege may not be reinstated until the person complies with
  289  the terms of a periodic payment plan or a revised payment plan
  290  with the clerk of the court pursuant to s. 318.14 or with all
  291  obligations and penalties imposed under s. 318.18 and presents
  292  to a driver license office a certificate of compliance issued by
  293  the court, together with a nonrefundable service charge of $60
  294  imposed under s. 322.29, or presents a certificate of compliance
  295  and pays the service charge to the clerk of the court or a
  296  driver licensing agent authorized under s. 322.135 clearing such
  297  suspension. Of the charge collected, $22.50 shall be remitted to
  298  the Department of Revenue to be deposited into the Highway
  299  Safety Operating Trust Fund. Such person must also be in
  300  compliance with requirements of chapter 322 before
  301  reinstatement.
  302         Section 3. Subsection (11) of section 322.01, Florida
  303  Statutes, is amended to read:
  304         322.01 Definitions.—As used in this chapter:
  305         (11)(a) “Conviction” means a conviction of an offense
  306  relating to the operation of motor vehicles on highways which is
  307  a violation of this chapter or any other such law of this state
  308  or any other state, including an admission or determination of a
  309  noncriminal traffic infraction pursuant to s. 318.14, or a
  310  judicial disposition of an offense committed under any federal
  311  law substantially conforming to the aforesaid state statutory
  312  provisions.
  313         (b) Notwithstanding any other provisions of this chapter,
  314  the definition of “conviction” provided in 49 C.F.R. part 383.5
  315  applies to offenses committed in a commercial motor vehicle or
  316  by a person holding a commercial driver’s license.
  317         (c) Except as otherwise specifically provided in this
  318  chapter, a judicial determination to withhold adjudication for a
  319  violation under this chapter is not a conviction.
  320         Section 4. This act shall take effect July 1, 2010.

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