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:
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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
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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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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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Florida Senate - 2000 SB 732
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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
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2 LEGISLATIVE SUMMARY
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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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