Florida 2025 2025 Regular Session

Florida Senate Bill S1210 Introduced / Bill

Filed 02/25/2025

 Florida Senate - 2025 SB 1210  By Senator Martin 33-01746A-25 20251210__ 1 A bill to be entitled 2 An act relating to traffic infractions resulting in a 3 crash with another vehicle; amending s. 318.14, F.S.; 4 requiring the imposition of specified civil penalties 5 and periods of driver license suspension on a person 6 found at a mandatory hearing to have committed certain 7 traffic infractions that resulted in a crash with 8 another vehicle, in addition to any other penalties; 9 amending s. 318.19, F.S.; requiring persons cited for 10 specified infractions that result in a crash with 11 another vehicle to appear at a certain mandatory 12 hearing; amending s. 324.023, F.S.; requiring certain 13 owners and operators of motor vehicles to establish 14 and maintain the ability to respond in damages for 15 liability on account of certain accidents; providing 16 an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1.Subsection (5) of section 318.14, Florida 21 Statutes, is amended to read: 22 318.14Noncriminal traffic infractions; exception; 23 procedures. 24 (5)Any person electing to appear before the designated 25 official or who is required to appear is shall be deemed to have 26 waived his or her right to the civil penalty provisions of s. 27 318.18. The official, after a hearing, shall make a 28 determination as to whether an infraction has been committed. If 29 the commission of an infraction has been proven, the official 30 may impose a civil penalty not to exceed $500, except that in 31 cases involving unlawful speed in a school zone or involving 32 unlawful speed in a construction zone, the civil penalty may not 33 exceed $1,000; or require attendance at a driver improvement 34 school, or both. If the person is required to appear before the 35 designated official pursuant to s. 318.19(1) and is found to 36 have committed the infraction, the designated official must 37 shall impose a civil penalty of $1,000 in addition to any other 38 penalties and the persons driver license shall be suspended for 39 6 months. If the person is required to appear before the 40 designated official pursuant to s. 318.19(1) and is found to 41 have committed the infraction against a vulnerable road user as 42 defined in s. 316.027(1), the designated official must shall 43 impose a civil penalty of not less than $5,000 in addition to 44 any other penalties, the persons driver license must shall be 45 suspended for 1 year, and the person must shall be required to 46 attend a department-approved driver improvement course relating 47 to the rights of vulnerable road users relative to vehicles on 48 the roadway as provided in s. 322.0261(2). If the person is 49 required to appear before the designated official pursuant to s. 50 318.19(2) and is found to have committed the infraction, the 51 designated official must shall impose a civil penalty of $500 in 52 addition to any other penalties and the persons driver license 53 must shall be suspended for 3 months. If the person is required 54 to appear before the designated official pursuant to s. 55 318.19(2) and is found to have committed the infraction against 56 a vulnerable road user as defined in s. 316.027(1), the 57 designated official must shall impose a civil penalty of not 58 less than $1,500 in addition to any other penalties, the 59 persons driver license must shall be suspended for 3 months, 60 and the person must shall be required to attend a department 61 approved driver improvement course relating to the rights of 62 vulnerable road users relative to vehicles on the roadway as 63 provided in s. 322.0261(2). If the person is required to appear 64 before the designated official pursuant to s. 318.19(6) and is 65 found to have committed an infraction of s. 316.074(1) or s. 66 316.123(2) which resulted in a crash with another vehicle as 67 defined in s. 316.003, the designated official must impose a 68 civil penalty of $500 in addition to any other penalties. If the 69 person is required to appear before the designated official 70 pursuant to s. 318.19(6) for an infraction and is found to have 71 committed a second infraction of s. 316.074(1) or s. 316.123(2) 72 which resulted in a crash with another vehicle as defined in s. 73 316.003, the designated official must impose a civil penalty of 74 $1,000 in addition to any other penalties and the persons 75 driver license must be suspended for 6 months. If the person is 76 required to appear before the designated official pursuant to s. 77 318.19(6) for an infraction and is found to have committed a 78 third or subsequent infraction of s. 316.074(1) or s. 316.123(2) 79 which resulted in a crash with another vehicle as defined in s. 80 316.003, the designated official must impose a civil penalty of 81 $1,000 in addition to any other penalties and the persons 82 driver license must be suspended for 1 year. If the official 83 determines that no infraction has been committed, no costs or 84 penalties may shall be imposed and any costs or penalties that 85 have been paid must shall be returned. Moneys received from the 86 mandatory civil penalties imposed pursuant to this subsection 87 upon persons required to appear before a designated official 88 pursuant to s. 318.19(1) or (2) shall be remitted to the 89 Department of Revenue and deposited into the Department of 90 Health Emergency Medical Services Trust Fund to provide 91 financial support to certified trauma centers to assure the 92 availability and accessibility of trauma services throughout the 93 state. Funds deposited into the Emergency Medical Services Trust 94 Fund under this section shall be allocated as follows: 95 (a)Fifty percent shall be allocated equally among all 96 Level I, Level II, and pediatric trauma centers in recognition 97 of readiness costs for maintaining trauma services. 98 (b)Fifty percent shall be allocated among Level I, Level 99 II, and pediatric trauma centers based on each centers relative 100 volume of trauma cases as calculated using the hospital 101 discharge data collected pursuant to s. 408.061. 102 Section 2.Section 318.19, Florida Statutes, is amended to 103 read: 104 318.19Infractions requiring a mandatory hearing.Any 105 person cited for the infractions listed in this section does 106 shall not have the provisions of s. 318.14(2), (4), and (9) 107 available to him or her but must appear before the designated 108 official at the time and location of the scheduled hearing: 109 (1)Any infraction which results in a crash that causes the 110 death of another; 111 (2)Any infraction which results in a crash that causes 112 serious bodily injury of another as defined in s. 316.1933(1); 113 (3)Any infraction of s. 316.172(1)(b); 114 (4)Any infraction of s. 316.520(1) or (2); or 115 (5)Any infraction of s. 316.183(2), s. 316.187, or s. 116 316.189 of exceeding the speed limit by 30 mph or more; 117 (6)Any infraction of s. 316.074(1) or s. 316.123(2) which 118 results in a crash with another vehicle as defined in s. 119 316.003. 120 Section 3.Section 324.023, Florida Statutes, is amended to 121 read: 122 324.023Financial responsibility for bodily injury or 123 death. 124 (1)In addition to any other financial responsibility 125 required by law, every owner or operator of a motor vehicle that 126 is required to be registered in this state, or that is located 127 within this state, and who:, 128 (a)Regardless of adjudication of guilt, has been found 129 guilty of or entered a plea of guilty or nolo contendere to a 130 charge of driving under the influence under s. 316.193 after 131 October 1, 2007; or 132 (b)Is found to have committed an infraction of s. 133 316.074(1) or s. 316.123(2) which resulted in a crash with 134 another vehicle as defined in s. 316.003, 135 136 shall, by one of the methods established in s. 324.031(1) or 137 (2), establish and maintain the ability to respond in damages 138 for liability on account of accidents arising out of the use of 139 a motor vehicle in the amount of $100,000 because of bodily 140 injury to, or death of, one person in any one crash and, subject 141 to such limits for one person, in the amount of $300,000 because 142 of bodily injury to, or death of, two or more persons in any one 143 crash and in the amount of $50,000 because of property damage in 144 any one crash. If the owner or operator chooses to establish and 145 maintain such ability by furnishing a certificate of deposit 146 pursuant to s. 324.031(2), such certificate of deposit must be 147 at least $350,000. Such higher limits must be carried for a 148 minimum period of 3 years. 149 (2)If an the owner or operator required to establish and 150 maintain such ability under paragraph (1)(a) has not been 151 convicted of driving under the influence or a felony traffic 152 offense for a period of 3 years from the date of reinstatement 153 of driving privileges for a violation of s. 316.193, the owner 154 or operator is shall be exempt from this section. 155 Section 4.This act shall take effect October 1, 2025.