Bill Text: FL H0801 | 2010 | Regular Session | Comm Sub

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Bill Title: Motor Vehicles

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Full Appropriations Council on Education & Economic Development [H0801 Detail]

Download: Florida-2010-H0801-Comm_Sub.html

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CS/HB 801

1	A bill to be entitled
2	An act relating to motor vehicles; creating the "Highway
3	Safety Act"; providing legislative intent relating to road
4	rage and aggressive careless driving; amending s. 316.003,
5	F.S.; defining the term "road rage"; amending s. 316.083,
6	F.S.; requiring an operator of a motor vehicle to yield
7	the left lane when being overtaken on a multilane highway;
8	providing exceptions; amending s. 316.1923, F.S.; revising
9	the number of specified acts necessary to qualify as an
10	aggressive careless driver; providing specified
11	punishments for aggressive careless driving; specifying
12	the allocation of moneys received from the increased fine
13	imposed for aggressive careless driving; amending s.
14	318.1451, F.S.; requiring driver improvement schools to
15	collect a fee from certain persons taking a basic driver
16	improvement course; providing for such fees to be used to
17	provide educational materials relating to this act;
18	amending s. 318.19, F.S.; providing that a second or
19	subsequent infraction as an aggressive careless driver
20	requires attendance at a mandatory hearing; providing for
21	the disposition of the increased penalties; amending s.
22	322.025, F.S.; requiring the Department of Highway Safety
23	and Motor Vehicles to provide information about the
24	Highway Safety Act in driver's license educational
25	materials; amending s. 322.05, F.S.; requiring a person
26	who is at least 16 but less than 19 years of age to
27	complete a basic driver improvement course and complete 50
28	hours of behind-the-wheel experience before being issued a
29	driver's license; reenacting s. 316.650(1)(a), F.S.,
30	relating to traffic citations, to incorporate the
31	amendments made to s. 316.1923, F.S., in a reference
32	thereto; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. This act may be cited as the "Highway Safety
37	Act."
38	Section 2. The Legislature finds that road rage and
39	aggressive careless driving are a growing threat to the health,
40	safety, and welfare of the public. The intent of the Legislature
41	is to reduce road rage and aggressive careless driving, reduce
42	the incidence of drivers' interfering with the movement of
43	traffic, minimize crashes, and promote the orderly, free flow of
44	traffic on the roads and highways of the state.
45	Section 3. Subsection (86) is added to section 316.003,
46	Florida Statutes, to read:
47	316.003 Definitions.-The following words and phrases, when
48	used in this chapter, shall have the meanings respectively
49	ascribed to them in this section, except where the context
50	otherwise requires:
51	(86) ROAD RAGE.-The act of a driver or passenger to
52	intentionally or unintentionally, due to a loss of emotional
53	control, injure or kill another driver, passenger, or
54	pedestrian, or to attempt or threaten to injure or kill another
55	driver, passenger, or pedestrian.
56	Section 4. Subsection (3) of section 316.083, Florida
57	Statutes, is renumbered as subsection (4), and a new subsection
58	(3) is added to that section to read:
59	316.083 Overtaking and passing a vehicle.-The following
60	rules shall govern the overtaking and passing of vehicles
61	proceeding in the same direction, subject to those limitations,
62	exceptions, and special rules hereinafter stated:
63	(3)(a) On roads, streets, or highways having two or more
64	lanes that allow movement in the same direction, a driver may
65	not continue to operate a motor vehicle in the furthermost left-
66	hand lane if the driver knows, or reasonably should know, that
67	he or she is being overtaken in that lane from the rear by a
68	motor vehicle traveling at a higher rate of speed.
69	(b) Paragraph (a) does not apply to a driver operating a
70	motor vehicle in the furthermost left-hand lane if:
71	1. The driver is driving the legal speed limit and is not
72	impeding the flow of traffic in the furthermost left-hand lane;
73	2. The driver is in the process of overtaking a slower
74	motor vehicle in the adjacent right-hand lane for the purpose of
75	passing the slower moving vehicle so that the driver may move to
76	the adjacent right-hand lane;
77	3. Conditions make the flow of traffic substantially the
78	same in all lanes or preclude the driver from moving to the
79	adjacent right-hand lane;
80	4. The driver's movement to the adjacent right-hand lane
81	could endanger the driver or other drivers;
82	5. The driver is directed by a law enforcement officer,
83	road sign, or road crew to remain in the furthermost left-hand
84	lane; or
85	6. The driver is preparing to make a left turn.
86	(c) A driver who violates s. 316.183 and this subsection
87	simultaneously shall receive a uniform traffic citation solely
88	under s. 316.183.
89	Section 5. Section 316.1923, Florida Statutes, is amended
90	to read:
91	316.1923 Aggressive careless driving.-
92	(1) "Aggressive careless driving" means committing three
93	two or more of the following acts simultaneously or in
94	succession:
95	(a)(1) Exceeding the posted speed as defined in s.
96	322.27(3)(d)5.b.
97	(b)(2) Unsafely or improperly changing lanes as defined in
98	s. 316.085.
99	(c)(3) Following another vehicle too closely as defined in
100	s. 316.0895(1).
101	(d)(4) Failing to yield the right-of-way as defined in s.
102	316.079, s. 316.0815, or s. 316.123.
103	(e)(5) Improperly passing or failing to yield to
104	overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
105	316.085.
106	(f)(6) Violating traffic control and signal devices as
107	defined in ss. 316.074 and 316.075.
108	(2) Any person convicted of aggressive careless driving
109	shall be cited for a moving violation and punished as provided
110	in chapter 318, and by the accumulation of points as provided in
111	s. 322.27, for each act of aggressive careless driving.
112	(3) In addition to any fine or points administered under
113	subsection (2), a person convicted of aggressive careless
114	driving shall also pay:
115	(a) Upon a first violation, a fine of $100.
116	(b) Upon a second or subsequent conviction, a fine of not
117	less than $250 but not more than $500 and be subject to a
118	mandatory hearing under s. 318.19.
119	(4) The clerk of the court shall remit the moneys
120	collected from the increased fine imposed by subsection (3) to
121	the Department of Revenue for deposit into the Department of
122	Health Administrative Trust Fund. Of the funds deposited into
123	the Department of Health Administrative Trust Fund, $200,000 in
124	the 2010-2011 fiscal year and $50,000 in the 2011-2012 and 2012-
125	2013 fiscal years shall be transferred to the Department of
126	Highway Safety and Motor Vehicles and deposited in the Highway
127	Safety Operating Trust Fund to offset the cost of providing
128	information about the Highway Safety Act in driver's license
129	educational materials as required under s. 322.025. All other
130	funds deposited into the Department of Health Administrative
131	Trust Fund under this section shall be used to provide financial
132	support to verified trauma centers to ensure the availability
133	and accessibility of trauma services throughout the state and
134	shall be allocated as follows:
135	(a) Twenty-five percent shall be allocated equally among
136	all Level I, Level II, and pediatric trauma centers in
137	recognition of readiness costs for maintaining trauma services.
138	(b) Twenty-five percent shall be allocated among Level I,
139	Level II, and pediatric trauma centers based on each center's
140	relative volume of trauma cases as reported in the Department of
141	Health Trauma Registry.
142	(c) Twenty-five percent shall be transferred to the
143	Emergency Medical Services Trust Fund and used by the department
144	for making matching grants to emergency medical services
145	organizations as defined in s. 401.107.
146	(d) Twenty-five percent shall be transferred to the
147	Emergency Medical Services Trust Fund and made available to
148	rural emergency medical services as defined in s. 401.107 and
149	shall be used solely to improve and expand prehospital emergency
150	medical services in this state. Additionally, these moneys may
151	be used for the improvement, expansion, or continuation of
152	services provided.
153	Section 6. Subsection (4) of section 318.1451, Florida
154	Statutes, is amended to read:
155	318.1451 Driver improvement schools.-
156	(4)(a) In addition to a regular course fee, an assessment
157	fee in the amount of $2.50 shall be collected by the school from
158	each person who elects to attend a course, as it relates to ss.
159	318.14(9), 322.0261, 322.291, and 627.06501, which shall be
160	remitted to the Department of Highway Safety and Motor Vehicles
161	and deposited in the Highway Safety Operating Trust Fund to
162	administer this program and to fund the general operations of
163	the department.
164	(b) In addition to a regular course fee, an assessment fee
165	in the amount of $2.50 shall be collected by the school from
166	each person who attends a course, as it relates to s. 322.05(3),
167	which shall be remitted to the Department of Highway Safety and
168	Motor Vehicles and deposited in the Highway Safety Operating
169	Trust Fund to fund the provision of information about the
170	Highway Safety Act in driver's license educational materials as
171	required under s. 322.025.
172	Section 7. Section 318.19, Florida Statutes, is amended to
173	read:
174	318.19 Infractions requiring a mandatory hearing.-Any
175	person cited for the infractions listed in this section shall
176	not have the provisions of s. 318.14(2), (4), and (9) available
177	to him or her but must appear before the designated official at
178	the time and location of the scheduled hearing:
179	(1) Any infraction which results in a crash that causes
180	the death of another;
181	(2) Any infraction which results in a crash that causes
182	"serious bodily injury" of another as defined in s. 316.1933(1);
183	(3) Any infraction of s. 316.172(1)(b);
184	(4) Any infraction of s. 316.520(1) or (2); or
185	(5) Any infraction of s. 316.183(2), s. 316.187, or s.
186	316.189 of exceeding the speed limit by 30 m.p.h. or more; or
187	(6) A second or subsequent infraction of s. 316.1923(1).
188	Section 8. Section 322.025, Florida Statutes, is amended
189	to read:
190	322.025 Driver improvement.-The department may implement
191	programs to improve the driving ability of the drivers of this
192	state. Such programs may include, but shall not be limited to,
193	safety awareness campaigns, driver training, and licensing
194	improvement. Motorcycle driver improvement programs implemented
195	pursuant to this section or s. 322.0255 may be funded by the
196	motorcycle safety education fee collected pursuant to s.
197	320.08(1)(c), which shall be deposited in the Highway Safety
198	Operating Trust Fund. The department shall provide information
199	about the Highway Safety Act in all newly printed driver's
200	license educational materials after October 1, 2010.
201	Section 9. Subsection (3) of section 322.05, Florida
202	Statutes, is amended to read:
203	322.05 Persons not to be licensed.-The department may not
204	issue a license:
205	(3) To a person who is at least 16 years of age but who
206	has not attained 19 is under 18 years of age, unless:
207	(a) The person provides proof of successfully completing a
208	basic driver improvement course that meets the requirements of
209	s. 318.1451 within 3 months before the date the person applied
210	for licensure; and
211	(b) The parent, guardian, or other responsible adult
212	meeting the requirements of s. 322.09 certifies that he or she,
213	or another licensed driver 21 years of age or older, has
214	accompanied the applicant for a total of not less than 50 hours'
215	behind-the-wheel experience, of which not less than 10 hours
216	must be at night. This paragraph subsection is not intended to
217	create a private cause of action as a result of the
218	certification. The certification is inadmissible for any purpose
219	in any civil proceeding.
220
221	Paragraph (a) does not apply to a person who has been licensed
222	in any other jurisdiction or who has satisfactorily completed a
223	Department of Education driver education course offered pursuant
224	to s. 1003.48.
225	Section 10. For the purpose of incorporating the
226	amendments made by this act to section 316.1923, Florida
227	Statutes, in a reference thereto, paragraph (a) of subsection
228	(1) of section 316.650, Florida Statutes, is reenacted to read:
229	316.650 Traffic citations.-
230	(1)(a) The department shall prepare and supply to every
231	traffic enforcement agency in this state an appropriate form
232	traffic citation that contains a notice to appear, is issued in
233	prenumbered books, meets the requirements of this chapter or any
234	laws of this state regulating traffic, and is consistent with
235	the state traffic court rules and the procedures established by
236	the department. The form shall include a box that is to be
237	checked by the law enforcement officer when the officer believes
238	that the traffic violation or crash was due to aggressive
239	careless driving as defined in s. 316.1923. The form shall also
240	include a box that is to be checked by the law enforcement
241	officer when the officer writes a uniform traffic citation for a
242	violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
243	the driver failing to stop at a traffic signal.
244	Section 11. This act shall take effect July 1, 2010.

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