Bill Text: FL S0476 | 2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Aggressive Careless Driving
Spectrum:
Status: (Failed) 2022-03-14 - Died in Rules [S0476 Detail]
Download: Florida-2022-S0476-Introduced.html
Bill Title: Aggressive Careless Driving
Spectrum:
Status: (Failed) 2022-03-14 - Died in Rules [S0476 Detail]
Download: Florida-2022-S0476-Introduced.html
Florida Senate - 2022 SB 476
By Senator Pizzo
38-00543-22 2022476__
1 A bill to be entitled
2 An act relating to aggressive careless driving;
3 amending s. 316.1923, F.S.; providing a short title;
4 revising the definition of the term “aggressive
5 careless driving”; providing a civil penalty for
6 aggressive careless driving; providing criminal
7 penalties for aggressive careless driving resulting in
8 damage to property or person, serious bodily injury,
9 or death; defining the term “serious bodily injury”;
10 amending s. 921.0022, F.S.; ranking an offense created
11 by the act on the offense severity ranking chart of
12 the Criminal Punishment Code; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 316.1923, Florida Statutes, is amended
18 to read:
19 316.1923 Aggressive careless driving.—
20 (1) This section may be cited as the “Anthony Reznik Act.”
21 (2) As used in this chapter, the term “aggressive careless
22 driving” means committing two or more of the following acts
23 simultaneously or in succession:
24 (a)(1) Exceeding the posted speed as defined in s.
25 322.27(3)(d)5.b.
26 (b)(2) Unsafely or improperly changing lanes as defined in
27 s. 316.085.
28 (c)(3) Following another vehicle too closely as defined in
29 s. 316.0895(1).
30 (d)(4) Failing to yield the right-of-way as defined in s.
31 316.079, s. 316.0815, or s. 316.123.
32 (e)(5) Improperly passing as defined in s. 316.083, s.
33 316.084, or s. 316.085.
34 (f)(6) Violating traffic control and signal devices as
35 defined in ss. 316.074 and 316.075.
36 (g) Operating a motor vehicle while texting as defined in
37 s. 316.305(3)(a).
38 (h) Operating a motor vehicle in violation of restrictions
39 imposed under s. 322.16(1)(a) or (b).
40 (3) A person who commits aggressive careless driving shall
41 be cited for a moving violation, punishable as provided in
42 chapter 318.
43 (4) A person who commits aggressive careless driving and
44 who, by reason of such operation, causes:
45 (a) Damage to the property or person of another commits a
46 misdemeanor of the second degree, punishable as provided in s.
47 775.082 or s. 775.083.
48 (b) Serious bodily injury to another person commits a
49 misdemeanor of the first degree, punishable as provided in s.
50 775.082, s. 775.083, or s. 775.084. As used in this paragraph,
51 the term “serious bodily injury” means an injury to another
52 person which consists of a physical condition that creates a
53 substantial risk of death, serious personal disfigurement, or
54 protracted loss or impairment of the function of any bodily
55 member or organ.
56 (c) Death to another person commits a felony of the third
57 degree, punishable as provided in s. 775.082, s. 775.083, or s.
58 775.084.
59 Section 2. Paragraph (f) of subsection (3) of section
60 921.0022, Florida Statutes, is amended to read:
61 921.0022 Criminal Punishment Code; offense severity ranking
62 chart.—
63 (3) OFFENSE SEVERITY RANKING CHART
64 (f) LEVEL 6
65
66 FloridaStatute FelonyDegree Description
67 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
68 316.1923(4)(c) 3rd Aggressive careless driving resulting in death.
69 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
70 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
71 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
72 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
73 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
74 775.0875(1) 3rd Taking firearm from law enforcement officer.
75 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
76 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
77 784.041 3rd Felony battery; domestic battery by strangulation.
78 784.048(3) 3rd Aggravated stalking; credible threat.
79 784.048(5) 3rd Aggravated stalking of person under 16.
80 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
81 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
82 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
83 784.081(2) 2nd Aggravated assault on specified official or employee.
84 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
85 784.083(2) 2nd Aggravated assault on code inspector.
86 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
87 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
88 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
89 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
90 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
91 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
92 794.05(1) 2nd Unlawful sexual activity with specified minor.
93 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
94 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
95 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
96 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
97 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
98 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
99 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
100 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
101 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
102 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
103 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
104 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
105 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
106 825.102(1) 3rd Abuse of an elderly person or disabled adult.
107 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
108 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
109 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
110 827.03(2)(c) 3rd Abuse of a child.
111 827.03(2)(d) 3rd Neglect of a child.
112 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
113 836.05 2nd Threats; extortion.
114 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
115 843.12 3rd Aids or assists person to escape.
116 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
117 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
118 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
119 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
120 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
121 944.40 2nd Escapes.
122 944.46 3rd Harboring, concealing, aiding escaped prisoners.
123 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
124 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
125
126 Section 3. This act shall take effect October 1, 2022.
