Senate Bill 0732

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



    Florida Senate - 2000                                   SB 732

    By Senator Sebesta





    20-609-00                                           See HB 373

  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         careless 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 increasingly severe penalties for

12         first, second, and third or subsequent

13         violations; amending s. 322.27, F.S.; providing

14         a point assessment for certain violations;

15         amending s. 318.1451, F.S.; providing for the

16         approval of driver improvement schools with

17         respect to aggressive-careless-driving

18         violations; amending s. 318.17, F.S.; excepting

19         a violation of s. 318.1923, F.S., for

20         aggressive careless driving from the provisions

21         of the chapter; amending s. 318.19, F.S.;

22         requiring a mandatory hearing for an infraction

23         of s. 318.1923, F.S.; amending s. 322.264,

24         F.S.; including certain violations of s.

25         316.1923 within the definition of a habitual

26         traffic offender in conformance to the act;

27         providing an effective date.

28

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

30

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






    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1         Section 1.  Section 316.1923, Florida Statutes, is

  2  created to read:

  3         316.1923  Aggressive careless driving.--

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

  5  careless driving when he or she commits two or more of the

  6  following acts simultaneously or in succession:

  7         (a)  Exceeding the posted speed.

  8         (b)  Unsafely or improperly changing lanes in violation

  9  of s. 316.085.

10         (c)  Following another vehicle too closely in violation

11  of s. 316.0895.

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

13         (e)  Improperly passing in violation of s. 316.083, s.

14  316.084, or s. 316.085.

15         (f)  Failure to follow the instructions of any

16  traffic-control device or any traffic-control signal in

17  violation of s. 316.074 or s. 316.075.

18         (2)  A person who is convicted of aggressive careless

19  driving shall be punished as follows:

20         (a)  Upon a first conviction:

21         1.  By a mandatory court appearance as described in s.

22  318.19.

23         2.  By a fine as set forth in s. 318.18 of not less

24  than $60.

25         3.  By a minimum point assessment of six points on the

26  person's driver's license pursuant to s. 322.27, provided that

27  a person who is punished for a first conviction pursuant to

28  this paragraph shall be given the option of attending a driver

29  improvement school as set forth in ss. 318.14, 322.271, and

30  322.291, paid for by the offender, which shall reduce the

31

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






    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1  point assessment to one point. This option is available only

  2  for a first conviction.

  3         4.  If the court has reasonable cause to believe that

  4  the use of alcohol, a chemical substance as set forth in s.

  5  877.111, or any substance controlled under chapter 893

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

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

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

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

10  course may refer the person to an authorized agency for

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

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

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

14  substance-abuse course or treatment program under this

15  subsection fails to report for or complete such treatment or

16  education, the agency conducting the course or treatment must

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

18  receipt of such notice, the department shall cancel the

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

20  driving privilege when the person completes the

21  substance-abuse education course or reenters treatment

22  required under this subsection.

23         (b)  Upon a second conviction:

24         1.  By a minimum point assessment of six points on the

25  person's driver's license pursuant to s. 322.27.

26         2.  By a fine of not less than $250 nor more than $500.

27         3.  The court may revoke, for a period not to exceed 1

28  year, the driver's license of a person who is convicted for a

29  second violation pursuant to this paragraph.

30         4.  If the court has reasonable cause to believe that

31  the use of alcohol, a chemical substance as set forth in s.

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






    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1  877.111, or any substance controlled under chapter 893

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

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

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

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

  6  course may refer the person to an authorized agency for

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

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

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

10  substance-abuse course or treatment program under this

11  subsection fails to report for or complete such treatment or

12  education, the agency conducting the course or treatment must

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

14  receipt of such notice, the department shall cancel the

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

16  driving privilege when the person completes the

17  substance-abuse education course or reenters treatment

18  required under this subsection.

19         (c)  Upon a third or subsequent conviction, the

20  offender shall be treated as a habitual traffic offender as

21  defined in s. 322.264, and shall be punished as follows:

22         1.  By a minimum point assessment of six points on the

23  person's driver's license pursuant to s. 322.27.

24         2.  By a fine of not less than $500 nor more than

25  $1,000.

26         3.  If the person's aggressive careless driving causes

27  or results in an accident, the person may be sentenced to

28  serve 240 community service hours as provided in s.

29  316.027(4).

30         4.  If the court has reasonable cause to believe that

31  the use of alcohol, a chemical substance as set forth in s.

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






    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1  877.111, or any substance controlled under chapter 893

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

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

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

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

  6  course may refer the person to an authorized agency for

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

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

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

10  substance-abuse course or treatment program under this

11  subsection fails to report for or complete such treatment or

12  education, the agency conducting the course or treatment must

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

14  receipt of such notice, the department shall cancel the

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

16  driving privilege when the person completes the

17  substance-abuse education course or reenters treatment

18  required under this subsection.

19         Section 2.  Paragraph (d) of subsection (3) of section

20  322.27, Florida Statutes, is amended to read:

21         322.27  Authority of department to suspend or revoke

22  license.--

23         (3)  There is established a point system for evaluation

24  of convictions of violations of motor vehicle laws or

25  ordinances, and violations of applicable provisions of s.

26  403.413(6)(b) when such violations involve the use of motor

27  vehicles, for the determination of the continuing

28  qualification of any person to operate a motor vehicle. The

29  department is authorized to suspend the license of any person

30  upon showing of its records or other good and sufficient

31  evidence that the licensee has been convicted of violation of

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






    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1  motor vehicle laws or ordinances, or applicable provisions of

  2  s. 403.413(6)(b), amounting to 12 or more points as determined

  3  by the point system. The suspension shall be for a period of

  4  not more than 1 year.

  5         (d)  The point system shall have as its basic element a

  6  graduated scale of points assigning relative values to

  7  convictions of the following violations:

  8         1.  Reckless driving, willful and wanton--4 points.

  9         2.  Leaving the scene of a crash resulting in property

10  damage of more than $50--6 points.

11         3.  Unlawful speed resulting in a crash--6 points.

12         4.  Passing a stopped school bus--4 points.

13         5.  Unlawful speed:

14         a.  Not in excess of 15 miles per hour of lawful or

15  posted speed--3 points.

16         b.  In excess of 15 miles per hour of lawful or posted

17  speed--4 points.

18         6.  All other moving violations (including parking on a

19  highway outside the limits of a municipality)--3 points.

20  However, no points shall be imposed for a violation of s.

21  316.0741 or s. 316.2065(12).

22         7.  Any moving violation covered above, excluding

23  unlawful speed, resulting in a crash--4 points.

24         8.  Any conviction under s. 403.413(5)(b)--3 points.

25         9.  A conviction under s. 316.1923(12)(a) or (b)--6

26  points, provided that a reduction in points may be awarded

27  pursuant to s. 316.1923(2)(a).

28         Section 3.  Subsection (1) of section 318.1451, Florida

29  Statutes, is amended to read:

30         318.1451  Driver improvement schools.--

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    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1         (1)  The Department of Highway Safety and Motor

  2  Vehicles shall approve the courses of all driver improvement

  3  schools, as the courses relate to ss. 316.1923, 318.14(9),

  4  322.0261, 322.095, and 322.291. The chief judge of the

  5  applicable judicial circuit may establish requirements

  6  regarding the location of schools within the judicial circuit.

  7  A person may engage in the business of operating a driver

  8  improvement school that offers department-approved courses

  9  related to ss. 316.1923, 318.14(9), 322.0261, 322.095, and

10  322.291.

11         Section 4.  Section 318.17, Florida Statutes, is

12  amended to read:

13         318.17  Offenses excepted.--No provision of this

14  chapter is available to a person who is charged with any of

15  the following offenses:

16         (1)  Fleeing or attempting to elude a police officer,

17  in violation of s. 316.1935;

18         (2)  Leaving the scene of a crash, in violation of ss.

19  316.027 and 316.061;

20         (3)  Driving, or being in actual physical control of,

21  any vehicle while under the influence of alcoholic beverages,

22  any chemical substance set forth in s. 877.111, or any

23  substance controlled under chapter 893, in violation of s.

24  316.193, or driving with an unlawful blood-alcohol level;

25         (4)  Reckless driving, in violation of s. 316.192;

26         (5)  Making false crash reports, in violation of s.

27  316.067;

28         (6)  Willfully failing or refusing to comply with any

29  lawful order or direction of any police officer or member of

30  the fire department, in violation of s. 316.072(3);

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    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1         (7)  Obstructing an officer, in violation of s.

  2  316.545(1); or

  3         (8)  Aggressive careless driving, in violation of s.

  4  316.1923; or

  5         (9)(8)  Any other offense in chapter 316 which is

  6  classified as a criminal violation.

  7         Section 5.  Section 318.19, Florida Statutes, is

  8  amended to read:

  9         318.19  Infractions requiring a mandatory hearing.--Any

10  person cited for the infractions listed in this section shall

11  not have the provisions of s. 318.14(2), (4), and (9)

12  available to him or her but must appear before the designated

13  official at the time and location of the scheduled hearing:

14         (1)  Any infraction which results in a crash that

15  causes the death of another; or

16         (2)  Any infraction which results in a crash that

17  causes "serious bodily injury" of another as defined in s.

18  316.1933(1); or

19         (3)  Any infraction of s. 316.172(1)(b); or.

20         (4)  Any infraction of s. 316.1923.

21         Section 6.  Section 322.264, Florida Statutes, is

22  amended to read:

23         322.264  "Habitual traffic offender" defined.--A

24  "habitual traffic offender" is any person whose record, as

25  maintained by the Department of Highway Safety and Motor

26  Vehicles, shows that such person has accumulated the specified

27  number of convictions for offenses described in subsection (1)

28  or subsection (2) within a 5-year period:

29         (1)  Three or more convictions of any one or more of

30  the following offenses arising out of separate acts:

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    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1         (a)  Voluntary or involuntary manslaughter resulting

  2  from the operation of a motor vehicle;

  3         (b)  Any violation of s. 316.193, former s. 316.1931,

  4  or former s. 860.01;

  5         (c)  Any felony in the commission of which a motor

  6  vehicle is used;

  7         (d)  Driving a motor vehicle while his or her license

  8  is suspended or revoked;

  9         (e)  Failing to stop and render aid as required under

10  the laws of this state in the event of a motor vehicle crash

11  resulting in the death or personal injury of another; or

12         (f)  Driving a commercial motor vehicle while his or

13  her privilege is disqualified.

14         (2)  Fifteen convictions for moving traffic offenses

15  for which points may be assessed as set forth in s. 322.27,

16  including those offenses in subsection (1).

17         (3)  A conviction for a violation of s. 316.1923(1)(c).

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19  Any violation of any federal law, any law of another state or

20  country, or any valid ordinance of a municipality or county of

21  another state similar to a statutory prohibition specified in

22  subsection (1), or subsection (2), or subsection (3) shall be

23  counted as a violation of such prohibition.  In computing the

24  number of convictions, all convictions during the 5 years

25  previous to July 1, 1972, will be used, provided at least one

26  conviction occurs after that date.  The fact that previous

27  convictions may have resulted in suspension, revocation, or

28  disqualification under another section does not exempt them

29  from being used for suspension or revocation under this

30  section as a habitual offender.

31         Section 7.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                   SB 732
    20-609-00                                           See HB 373




  1            *****************************************

  2                        LEGISLATIVE SUMMARY

  3
      Provides that the commission of two or more specified
  4    traffic violations simultaneously or in succession
      constitutes the offense of aggressive careless driving.
  5    Provides criminal penalties. Provides increasingly severe
      penalties for first, second, and third or subsequent
  6    violations of the offense of aggressive careless driving.
      Provides that a court may order a person who is convicted
  7    of aggressive careless driving in circumstances involving
      substance abuse to undergo treatment for substance abuse.
  8    Allows the Department of Highway Safety and Motor
      Vehicles to cancel a person's driving privilege for
  9    failure to complete such treatment. Provides a point
      assessment against an operator's license for described
10    violations. (See bill for details.)

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