Senate Bill 2390

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    Florida Senate - 1999                                  SB 2390

    By Senator Sebesta





    20-1516-99

  1                      A bill to be entitled

  2         An act relating to traffic infractions;

  3         creating s. 316.1923, F.S.; prescribing acts

  4         that constitute the offense of aggressive

  5         driving; providing criminal penalties;

  6         providing for a court to order substance-abuse

  7         treatment in specified circumstances; providing

  8         for the Department of Highway Safety and Motor

  9         Vehicles to cancel a person's driving privilege

10         for failure to complete such treatment;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 316.1923, Florida Statutes, is

16  created to read:

17         316.1923  Aggressive driving.--

18         (1)  A person is guilty of the offense of aggressive

19  driving when he or she commits two or more of the following

20  acts:

21         (a)  Exceeding the posted speed.

22         (b)  Unsafely or improperly changing lanes.

23         (c)  Following too closely.

24         (d)  Failing to yield the right-of-way.

25         (e)  Passing on the right.

26         (f)  Passing on the shoulder.

27         (g)  Improper passing.

28         (h)  Violating traffic-control devices.

29         (i)  Violating traffic signals.

30         (2)  A person who is convicted of aggressive driving

31  shall be punished:

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    Florida Senate - 1999                                  SB 2390
    20-1516-99




  1         (a)  Upon a first conviction, by imprisonment for a

  2  period of not more than 60 days or by a fine of not less than

  3  $25 nor more than $500, or by both.

  4         (b)  On a second or subsequent conviction, by

  5  imprisonment for not more than 6 months or by a fine of not

  6  less than $50 nor more than $1,000, or by both. In addition,

  7  if the person's aggressive driving causes or results in the

  8  death of another, the person may be sentenced to serve 120

  9  community hours as provided in s. 316.027(4).

10         (3)  In addition to any other penalty provided under

11  this section, if the court has reasonable cause to believe

12  that the use of alcohol, chemical substances described in s.

13  877.111, or substances controlled under chapter 893

14  contributed to a violation of this section, the court shall

15  direct the person so convicted to complete the substance-abuse

16  course provided under s. 316.193(5) within a reasonable period

17  of time specified by the court. The agency conducting the

18  course may refer the person to an authorized agency for

19  substance-abuse evaluation and treatment. The court order that

20  requires the completion of such a course must be enforced as

21  provided in s. 322.245. If a person who has been referred to a

22  substance-abuse education course or treatment under this

23  subsection fails to report for or complete such treatment or

24  education, the agency conducting the course or treatment must

25  notify the court and the department of the failure. Upon

26  receipt of such notice, the department shall cancel the

27  person's driving privilege. The department shall reinstate the

28  driving privilege when the person completes the

29  substance-abuse education course or reenters treatment

30  required under this subsection.

31         Section 2.  This act shall take effect October 1, 1999.

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    Florida Senate - 1999                                  SB 2390
    20-1516-99




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  2                          SENATE SUMMARY

  3    Provides that the commission of two or more specified
      violations constitutes the offense of aggressive driving.
  4    Provides criminal penalties. Provides that a court may
      order a person who is convicted of aggressive driving in
  5    circumstances involving substance abuse to undergo
      treatment for substance abuse. Allows the Department of
  6    Highway Safety and Motor Vehicles to cancel a person's
      driving privilege for failure to complete such treatment.
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