THE BILL ITSELF
HB 807
Noncriminal Traffic Infractions Resulting in Vehicle Crashes
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A bill to be entitled
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An act relating to noncriminal traffic infractions
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resulting in vehicle crashes; amending s. 318.14,
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F.S.; providing specified penalties for certain
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infractions which resulted in a crash with another
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vehicle; amending s. 318.19, F.S.; requiring a hearing
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for certain infractions which resulted in a crash with
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another vehicle; amending s. 324.023, F.S.; requiring
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persons convicted of certain infractions which
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resulted in a crash with another vehicle to carry
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higher bodily injury or death coverage limits for a
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specified time period; providing an exception;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (5) of section 318.14, Florida
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Statutes, is amended to read:
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318.14 Noncriminal traffic infractions; exception;
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procedures.—
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(5)(a) Any person electing to appear before the designated
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official or who is required to appear shall be deemed to have
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waived his or her right to the civil penalty provisions of s.
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318.18. The official, after a hearing, shall make a
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determination as to whether an infraction has been committed. If
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the commission of an infraction has been proven, the official
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may impose a civil penalty not to exceed $500, except that in
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cases involving unlawful speed in a school zone or involving
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unlawful speed in a construction zone, the civil penalty may not
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exceed $1,000; or require attendance at a driver improvement
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school, or both.
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(b)1. If the person is required to appear before the
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designated official pursuant to s. 318.19(1) and is found to
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have committed the infraction, the designated official shall
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impose a civil penalty of $1,000 in addition to any other
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penalties and the person's driver license shall be suspended for
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6 months.
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2. If the person is required to appear before the
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designated official pursuant to s. 318.19(1) and is found to
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have committed the infraction against a vulnerable road user as
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defined in s. 316.027(1), the designated official shall impose a
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civil penalty of not less than $5,000 in addition to any other
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penalties, the person's driver license shall be suspended for 1
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year, and the person shall be required to attend a department-
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approved driver improvement course relating to the rights of
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vulnerable road users relative to vehicles on the roadway as
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provided in s. 322.0261(2).
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(c)1. If the person is required to appear before the
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designated official pursuant to s. 318.19(2) and is found to
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have committed the infraction, the designated official shall
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impose a civil penalty of $500 in addition to any other
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penalties and the person's driver license shall be suspended for
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3 months.
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2. If the person is required to appear before the
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designated official pursuant to s. 318.19(2) and is found to
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have committed the infraction against a vulnerable road user as
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defined in s. 316.027(1), the designated official shall impose a
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civil penalty of not less than $1,500 in addition to any other
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penalties, the person's driver license shall be suspended for 3
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months, and the person shall be required to attend a department-
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approved driver improvement course relating to the rights of
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vulnerable road users relative to vehicles on the roadway as
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provided in s. 322.0261(2).
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(d) If the person is required to appear before the
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designated official pursuant to s. 318.19(7) and is found to
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have committed an infraction of s. 316.075(1)(c) or s.
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316.123(2):
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1. Except as provided in subparagraphs 2. and 3., the
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designated official shall impose a civil penalty of $500 in
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addition to any other penalties.
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2. A second time, the designated official shall impose a
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civil penalty of $1,000 in addition to any other penalties and
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the person's driver license shall be suspended for 6 months.
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3. A third or subsequent time, the designated official
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shall impose a civil penalty of $1,000 in addition to any other
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penalties and the person's driver license shall be suspended for
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1 year.
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(e) If the official determines that no infraction has been
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committed, no costs or penalties shall be imposed and any costs
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or penalties that have been paid shall be returned.
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(f) Moneys received from the mandatory civil penalties
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imposed pursuant to this subsection upon persons required to
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appear before a designated official pursuant to s. 318.19(1), or
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(2), or (7) shall be remitted to the Department of Revenue and
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deposited into the Department of Health Emergency Medical
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Services Trust Fund to provide financial support to certified
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trauma centers to assure the availability and accessibility of
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trauma services throughout the state. Funds deposited into the
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Emergency Medical Services Trust Fund under this section shall
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be allocated as follows:
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1.(a) Fifty percent shall be allocated equally among all
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Level I, Level II, and pediatric trauma centers in recognition
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of readiness costs for maintaining trauma services.
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2.(b) Fifty percent shall be allocated among Level I,
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Level II, and pediatric trauma centers based on each center's
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relative volume of trauma cases as calculated using the hospital
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discharge data collected pursuant to s. 408.061.
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Section 2. Subsections (5) and (6) of section 318.19,
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Florida Statutes, are amended, and subsection (7) is added to
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that section, to read:
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318.19 Infractions requiring a mandatory hearing.—Any
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person cited for the infractions listed in this section shall
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not have the provisions of s. 318.14(2), (4), and (9) available
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to him or her but must appear before the designated official at
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the time and location of the scheduled hearing:
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(5) Any infraction of s. 316.183(2), s. 316.187, or s.
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316.189 of exceeding the speed limit by 30 mph or more; or
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(6) Any infraction of s. 316.1926(2); or
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(7) Any infraction of s. 316.075(1)(c) or s. 316.123(2)
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which resulted in a crash with another vehicle as defined in s.
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316.003.
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Section 3. Section 324.023, Florida Statutes, is amended
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to read:
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324.023 Financial responsibility for bodily injury or
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death.—
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(1) In addition to any other financial responsibility
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required by law, every owner or operator of a motor vehicle that
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is required to be registered in this state, or that is located
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within this state, and who:,
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(a) Regardless of adjudication of guilt, has been found
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guilty of or entered a plea of guilty or nolo contendere to a
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charge of driving under the influence under s. 316.193 after
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October 1, 2007; or
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(b) Is found to have committed an infraction of s.
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316.075(1)(c) or s. 316.123(2) which resulted in a crash with
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another vehicle as defined in s. 316.003,
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shall, by one of the methods established in s. 324.031(1) or
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(2), establish and maintain the ability to respond in damages
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for liability on account of accidents arising out of the use of
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a motor vehicle in the amount of $100,000 because of bodily
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injury to, or death of, one person in any one crash and, subject
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to such limits for one person, in the amount of $300,000 because
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of bodily injury to, or death of, two or more persons in any one
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crash and in the amount of $50,000 because of property damage in
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any one crash. If the owner or operator chooses to establish and
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maintain such ability by furnishing a certificate of deposit
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pursuant to s. 324.031(2), such certificate of deposit must be
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at least $350,000. An owner or operator convicted under
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paragraph (a) must carry such higher limits must be carried for
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at least a minimum period of 3 years. An owner or operator
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convicted under paragraph (b) must carry such higher limits for
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at least 1 year.
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(2) If an the owner or operator convicted under paragraph
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(1)(a) has not been convicted of driving under the influence or
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a felony traffic offense for at least a period of 3 years after
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from the date of reinstatement of driving privileges for a
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violation of s. 316.193, the owner or operator is shall be
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exempt from this section.
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Section 4. This act shall take effect October 1, 2026.