The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Transportation BILL: SB 1210 INTRODUCER: Senator Martin SUBJECT: Traffic Infractions Resulting in a Crash with Another Vehicle DATE: March 24, 2025 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Johnson Vickers TR Pre-meeting 2. JU 3. RC I. Summary: SB 1210 requires a mandatory hearing for a person cited for running a red light or a stop sign which resulted in a crash with another vehicle. For a first offense, there is a civil penalty of $500, in addition to other penalties. For a second offense, there is a civil penalty of $1,000, in addition to any other penalties, and the person’s driver license must be suspended for six months. For a third or subsequent infraction, there is a civil penalty of $1,000, in addition to any other penalties, and the person’s driver license must be suspended for one year. The bill requires persons found to have run a red light or stop sign resulting in a crash with another vehicle to carry the same additional insurance as is required for convictions and certain pleas relating to driving under the influence. The bill has a fiscal impact on both state and local governments. See Section V., Fiscal Impact Statement for details. This bill takes effect October 1, 2025. II. Present Situation: Requirements for Vehicles to Stop Florida law requires the driver of any vehicle to obey the instructions of any applicable official traffic control device unless otherwise directed by a police officer. 1 A violation is a noncriminal 1 Section 316.074(1), F.S. There are also exceptions granted to drivers of authorized emergency vehicles. REVISED: BILL: SB 1210 Page 2 traffic infraction, punishable as a moving violation. 2 The statutory base fine is $60, 3 but with additional fees and surcharges, the total penalty may be up to $159. 4 Florida law also requires that the driver of a vehicle approaching an intersection with a stop sign to stop before entering the intersection. 5 A violation is a noncriminal traffic infraction, punishable as a moving violation. The statutory base fine is $60, 6 but with additional fees and surcharges, the total penalty may be up to $159. 7 Traffic Infractions Requiring a Mandatory Hearing Any person cited for any traffic infraction listed below must appear before a designated official for a hearing: • Any infraction which results in a crash that causes the death of another; • Any infraction which results in a crash that causes serious bodily injury 8 of another; • Any infraction of passing a school bus on the side of the bus where children enter or exit the bus while the bus is displaying a stop signal; 9 • Any infraction related to unsecured loads; 10 or • Any speeding infraction involving exceeding the speed limit by 30 mph or more. 11,12 Motor Vehicle Insurance Requirements – Driving Under the Influence Section 324.023, F.S., provides that in addition to any other statutory insurance requirement, every owner or operator of a motor vehicle, and who, regardless of adjudication of guilt, has been found guilty of or entered a plea of guilty or nolo contendere to driving under the influence 13 must establish and maintain insurance or other ability to respond in damages for liability on account of motor vehicle accidents of: • $100,000 for bodily injury to, or death of, one person in any one crash; • $300,000 because of bodily injury to, or death of, two or more persons in any one crash; and • $50,000 in property damage in any one crash. 2 Section 316.074(6), F.S. 3 Section 318.18(3)(a), F.S., 4 Florida Association of Clerks of Court, 2024 Distribution Schedule, p. 48. https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddocuments/2024_Distribution_Schedule_-.pdf (last visited March 19, 2025). 5 Section 316.123(2)(a), F.S. There is an exception for when directed to proceed by a police officer or a traffic control signal. 6 Section 318.18(3)(a), F.S., 7 Florida Association of Clerks of Court, 2024 Distribution Schedule, p. 48. https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddocuments/2024_Distribution_Schedule_-.pdf (last visited March 19, 2025). 8 Section 316.1933(1)(b), F.S., defines the term “serious bodily injury” to mean an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 9 Section 316.172(1)(b), F.S. 10 Sections 316.520(1) and (2), F.S. 11 Sections 316.183(2), s. 316.187, or s. 316.189, F.S. 12 Section 318.19, F.S. 13 Section 316.193, F.S. This provision applies to convictions and pleas after October 1, 2007. BILL: SB 1210 Page 3 These higher insurance limits must be carried for a minimum of three years. If such person has not been convicted of driving under the influence or a felony traffic offense for a period of three years from the date of reinstatement of his or her driving privileges for the driving under the influence offense, the owner or operator is no longer subject to these additional insurance requirements. 14 Relevant Crash Data The Department of Highway Safety and Motor Vehicles’ (DHSMV) crash report database identified the following type and number of crashes in 2023 related to running red lights or stop signs: 15 First Driver Action Crashes with Fatalities Crashes with Incapacitating Injuries Crashes with Non- Incapacitating Injuries Crashes with Possible Injuries Crashes with No Injuries Total Crashes Ran Red Light 84 681 6,067 7.889 30,324 33,045 Ran Stop Sign 57 422 2,063 4,065 12,962 19,569 Total 141 1,103 8,130 11,954 43,286 52,614 III. Effect of Proposed Changes: The bill requires a mandatory hearing for the offense of running a red light or a stop sign resulting in a crash with another vehicle. 16 The bill provides that if a person is required to appear before a designated official and has been found to have committed the infraction of running a red light or a stop sign resulting in a crash with another vehicle, the designated official must impose a civil penalty of: • For a first infraction, $500 in addition to any other penalties. • For a second infraction, $1,000 in addition to any other penalties and the person’s driver license must be suspended for six months. • For a third or subsequent offense, $1,000 in addition to any other penalties and the person’s driver license must be suspended for one year. The bill requires persons found to have committed such infractions to maintain the same insurance as is currently required for convictions and certain pleas for driving under the influence for a minimum of three years. This bill takes effect October 1, 2025. 14 Section 324.023, F.S. 15 Department of Highway Safety and Motor Vehicles, 2023 Crash Report, p. 32 https://www.flhsmv.gov/pdf/crashreports/crash_facts_2023.pdf (last visited March 19, 2025). 16 Section 316.003(109), F.S., defines the term “vehicle” to mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks. BILL: SB 1210 Page 4 IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: None. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None. D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None. V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: Drivers who violate the provisions of the bill will experience a negative fiscal impact associated with increased penalties and additional insurance requirements. There may also be additional indeterminate economic costs associated with driver license suspensions. C. Government Sector Impact: State and local governments will experience an indeterminate positive fiscal impact as a result of the additional revenues associated with the enhanced civil penalties provided for in the bill. There may be an indeterminate negative fiscal impact on the court system due to the significant number of additional mandatory hearings that would be required by the bill. VI. Technical Deficiencies: On line 116, there may need to be an “or” added at the end of that line. BILL: SB 1210 Page 5 VII. Related Issues: None. VIII. Statutes Affected: This bill substantially amends the following sections of the Florida Statutes: 318.14, 318.19, and 324.023. IX. Additional Information: A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) None. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.