Bill Text: FL H0159 | 2012 | Regular Session | Introduced

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Bill Title: Motor Vehicles

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Transportation and Highway Safety Subcommittee [H0159 Detail]

Download: Florida-2012-H0159-Introduced.html

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HB 159

1	A bill to be entitled
2	An act relating to motor vehicles; creating the
3	"Highway Safety Act"; providing legislative intent
4	relating to road rage and aggressive careless driving;
5	amending s. 316.003, F.S.; defining the term "road
6	rage"; amending s. 316.083, F.S.; requiring an
7	operator of a motor vehicle to yield the left lane
8	when being overtaken on a multilane highway; providing
9	exceptions; amending s. 316.1923, F.S.; revising the
10	number of specified acts necessary to qualify as an
11	aggressive careless driver; providing specified
12	punishments for aggressive careless driving, including
13	imposition of an increased fine; amending s. 318.121,
14	F.S.; revising the preemption of additional fees,
15	fines, surcharges, and court costs to allow imposition
16	of the increased fine for aggressive careless driving;
17	amending s. 318.18, F.S.; specifying the amount of the
18	fine and the allocation of moneys received from the
19	increased fine imposed for aggressive careless
20	driving; amending s. 318.19, F.S.; providing that a
21	second or subsequent infraction as an aggressive
22	careless driver requires attendance at a mandatory
23	hearing; requiring the Department of Highway Safety
24	and Motor Vehicles to provide information about the
25	Highway Safety Act in driver's license educational
26	materials; reenacting s. 316.650(1)(a), F.S., relating
27	to traffic citations, to incorporate the amendments
28	made to s. 316.1923, F.S., in a reference thereto;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  This act may be cited as the "Highway Safety
34	Act."
35	Section 2.  The Legislature finds that road rage and
36	aggressive careless driving are a growing threat to the health,
37	safety, and welfare of the public. The intent of the Legislature
38	is to reduce road rage and aggressive careless driving, reduce
39	the incidence of drivers' interfering with the movement of
40	traffic, minimize crashes, and promote the orderly, free flow of
41	traffic on the roads and highways of the state.
42	Section 3.  Subsection (89) is added to section 316.003,
43	Florida Statutes, to read:
44	316.003  Definitions.-The following words and phrases, when
45	used in this chapter, shall have the meanings respectively
46	ascribed to them in this section, except where the context
47	otherwise requires:
48	(89)  ROAD RAGE.-The act of a driver or passenger to
49	intentionally or unintentionally, due to a loss of emotional
50	control, injure or kill another driver, passenger, or
51	pedestrian, or to attempt or threaten to injure or kill another
52	driver, passenger, or pedestrian.
53	Section 4.  Present subsection (3) of section 316.083,
54	Florida Statutes, is redesignated as subsection (4), and a new
55	subsection (3) is added to that section, to read:
56	316.083  Overtaking and passing a vehicle.-The following
57	rules shall govern the overtaking and passing of vehicles
58	proceeding in the same direction, subject to those limitations,
59	exceptions, and special rules hereinafter stated:
60	(3)(a)  On roads, streets, or highways having two or more
61	lanes that allow movement in the same direction, a driver may
62	not continue to operate a motor vehicle in the furthermost left-
63	hand lane if the driver knows, or reasonably should know, that
64	he or she is being overtaken in that lane from the rear by a
65	motor vehicle traveling at a higher rate of speed.
66	(b)  Paragraph (a) does not apply to a driver operating a
67	motor vehicle in the furthermost left-hand lane if:
68	1.  The driver is driving the legal speed limit and is not
69	impeding the flow of traffic in the furthermost left-hand lane;
70	2.  The driver is in the process of overtaking a slower
71	motor vehicle in the adjacent right-hand lane for the purpose of
72	passing the slower moving vehicle so that the driver may move to
73	the adjacent right-hand lane;
74	3.  Conditions make the flow of traffic substantially the
75	same in all lanes or preclude the driver from moving to the
76	adjacent right-hand lane;
77	4.  The driver's movement to the adjacent right-hand lane
78	could endanger the driver or other drivers;
79	5.  The driver is directed by a law enforcement officer,
80	road sign, or road crew to remain in the furthermost left-hand
81	lane; or
82	6.  The driver is preparing to make a left turn.
83	(c)  A driver who violates s. 316.183 and this subsection
84	simultaneously shall receive a uniform traffic citation solely
85	under s. 316.183.
86	Section 5.  Section 316.1923, Florida Statutes, is amended
87	to read:
88	316.1923  Aggressive careless driving.-
89	(1)  "Aggressive careless driving" means committing three
90	two or more of the following acts simultaneously or in
91	succession:
92	(a)(1)  Exceeding the posted speed as defined in s.
93	322.27(3)(d)5.b.
94	(b)(2)  Unsafely or improperly changing lanes as defined in
95	s. 316.085.
96	(c)(3)  Following another vehicle too closely as defined in
97	s. 316.0895(1).
98	(d)(4)  Failing to yield the right-of-way as defined in s.
99	316.079, s. 316.0815, or s. 316.123.
100	(e)(5)  Improperly passing or failing to yield to
101	overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
102	316.085.
103	(f)(6)  Violating traffic control and signal devices as
104	defined in ss. 316.074 and 316.075.
105	(2)  Any person convicted of aggressive careless driving
106	shall be cited for a moving violation and punished as provided
107	in chapter 318, and by the accumulation of points as provided in
108	s. 322.27, for each act of aggressive careless driving.
109	Section 6.  Section 318.121, Florida Statutes, is amended
110	to read
111	318.121  Preemption of additional fees, fines, surcharges,
112	and costs.-Notwithstanding any general or special law, or
113	municipal or county ordinance, additional fees, fines,
114	surcharges, or costs other than the additional fees, fines,
115	court costs, and surcharges assessed under s. 318.18(11), (13),
116	(18), and (19), and (22) may not be added to the civil traffic
117	penalties assessed in this chapter.
118	Section 7.  Subsection (22) is added to section 318.18,
119	Florida Statutes, to read:
120	318.18  Amount of penalties.-The penalties required for a
121	noncriminal disposition pursuant to s. 318.14 or a criminal
122	offense listed in s. 318.17 are as follows:
123	(22)(a)  In addition to any penalties or points imposed
124	under s. 316.1923, a person convicted of aggressive careless
125	driving shall also pay:
126	1.  Upon a first violation, a fine of $100.
127	2.  Upon a second or subsequent conviction, a fine of not
128	less than $250 but not more than $500 and be subject to a
129	mandatory hearing under s. 318.19.
130	(b)  The clerk of the court shall remit the moneys
131	collected from the increased fine imposed by this subsection to
132	the Department of Revenue for deposit into the Department of
133	Health Administrative Trust Fund. Of the funds deposited into
134	the Department of Health Administrative Trust Fund, $200,000 in
135	the first year after October 1, 2012, and $50,000 in the second
136	and third years, shall be transferred into the Highway Safety
137	Operating Trust Fund to offset the cost of providing educational
138	materials related to this act. Funds deposited into the
139	Department of Health Administrative Trust Fund under this
140	subsection shall be allocated as follows:
141	1.  Twenty-five percent shall be allocated equally among
142	all Level I, Level II, and pediatric trauma centers in
143	recognition of readiness costs for maintaining trauma services.
144	2.  Twenty-five percent shall be allocated among Level I,
145	Level II, and pediatric trauma centers based on each center's
146	relative volume of trauma cases as reported in the Department of
147	Health Trauma Registry.
148	3.  Twenty-five percent shall be transferred to the
149	Emergency Medical Services Trust Fund and used by the department
150	for making matching grants to emergency medical services
151	organizations as defined in s. 401.107.
152	4.  Twenty-five percent shall be transferred to the
153	Emergency Medical Services Trust Fund and made available to
154	rural emergency medical services as defined in s. 401.107, and
155	shall be used solely to improve and expand prehospital emergency
156	medical services in this state. Additionally, these moneys may
157	be used for the improvement, expansion, or continuation of
158	services provided.
159	Section 8.  Section 318.19, Florida Statutes, is amended to
160	read:
161	318.19  Infractions requiring a mandatory hearing.-Any
162	person cited for the infractions listed in this section shall
163	not have the provisions of s. 318.14(2), (4), and (9) available
164	to him or her but must appear before the designated official at
165	the time and location of the scheduled hearing:
166	(1)  Any infraction which results in a crash that causes
167	the death of another;
168	(2)  Any infraction which results in a crash that causes
169	"serious bodily injury" of another as defined in s. 316.1933(1);
170	(3)  Any infraction of s. 316.172(1)(b);
171	(4)  Any infraction of s. 316.520(1) or (2); or
172	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
173	316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
174	(6)  A second or subsequent infraction of s. 316.1923(1).
175	Section 9.  The Department of Highway Safety and Motor
176	Vehicles shall provide information about the Highway Safety Act
177	in all driver's license educational materials newly printed on
178	or after October 1, 2012.
179	Section 10.  For the purpose of incorporating the
180	amendments made by this act to section 316.1923, Florida
181	Statutes, in a reference thereto, paragraph (a) of subsection
182	(1) of section 316.650, Florida Statutes, is reenacted to read:
183	316.650  Traffic citations.-
184	(1)(a)  The department shall prepare and supply to every
185	traffic enforcement agency in this state an appropriate form
186	traffic citation that contains a notice to appear, is issued in
187	prenumbered books, meets the requirements of this chapter or any
188	laws of this state regulating traffic, and is consistent with
189	the state traffic court rules and the procedures established by
190	the department. The form shall include a box that is to be
191	checked by the law enforcement officer when the officer believes
192	that the traffic violation or crash was due to aggressive
193	careless driving as defined in s. 316.1923. The form shall also
194	include a box that is to be checked by the law enforcement
195	officer when the officer writes a uniform traffic citation for a
196	violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
197	the driver failing to stop at a traffic signal.
198	Section 11.  This act shall take effect October 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.