HB 1395CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to traffic safety; providing a short
7title; providing legislative findings and intent; amending
8s. 316.083, F.S.; prohibiting a person from operating a
9motor vehicle in the most left-hand lane under described
10circumstances; providing penalties for violations;
11amending s. 316.1923, F.S.; redefining the term
12"aggressive careless driving"; providing penalties for
13aggressive careless driving; amending s. 318.19, F.S.;
14requiring a hearing for a second or subsequent aggressive
15careless driving violation; requiring the Department of
16Highway Safety and Motor Vehicles to provide an
17educational awareness campaign; providing an effective
18date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act may be cited as the "Road Rage
23Reduction Act."
24     Section 2.  The Legislature finds that road rage and
25aggressive careless driving are growing threats to the public's
26health, safety, and welfare. Road rage occurs when a driver or
27passenger intentionally injures or kills, or attempts or
28threatens to injure or kill, another motorist, passenger, or
29pedestrian. Aggressive careless driving occurs when a driver
30commits multiple traffic control violations simultaneously or in
31succession. The intent of the Legislature is to reduce road rage
32and aggressive careless driving, to reduce the incidence of
33drivers interfering with the movement of traffic, to minimize
34crashes, and to promote the safe, orderly, and free flow of
35traffic on the roads and highways of the state.
36     Section 3.  Subsection (3) of section 316.083, Florida
37Statutes, is renumbered as subsection (4), and a new subsection
38(3) is added to that section, to read:
39     316.083  Overtaking and passing a vehicle.--The following
40rules shall govern the overtaking and passing of vehicles
41proceeding in the same direction, subject to those limitations,
42exceptions, and special rules hereinafter stated:
43     (3)  On roads, streets, or highways with two or more lanes
44allowing for movement in the same direction, no person shall
45continue to operate a motor vehicle in the most left-hand lane
46once such person knows or reasonably should know he or she is
47being overtaken in such lane from the rear by a motor vehicle
48traveling at a higher rate of speed except when such motor
49vehicle is in the process of overtaking a slower vehicle in an
50adjacent lane or is preparing for a left turn.
51     (4)(3)  A violation of this section is a noncriminal
52traffic infraction, punishable as a moving violation as provided
53in chapter 318.
54     Section 4.  Section 316.1923, Florida Statutes, is amended
55to read:
56     316.1923  Aggressive careless driving.--
57     (1)  "Aggressive careless driving" means committing three
58two or more of the following acts simultaneously or in
59succession:
60     (a)(1)  Exceeding the posted speed as defined in s.
61322.27(3)(d)5.b.
62     (b)(2)  Unsafely or improperly changing lanes as defined in
63s. 316.085.
64     (c)(3)  Following another vehicle too closely as defined in
65s. 316.0895(1).
66     (d)(4)  Failing to yield the right-of-way as defined in s.
67316.079, s. 316.0815, or s. 316.123.
68     (e)(5)  Improperly passing or failing to yield to
69overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
70316.085.
71     (f)(6)  Violating traffic control and signal devices as
72defined in ss. 316.074 and 316.075.
73     (2)  Any person convicted of aggressive careless driving
74shall be guilty of a moving violation and shall be punished as
75provided in chapter 318, including the accumulation of points as
76provided in s. 322.27, for each of the acts committed.
77     (3)  In addition to the fines and accumulation of points
78under subsection (2) for each of the acts committed, a person
79convicted of aggressive careless driving shall be punished:
80     (a)  Upon a first conviction, by fine of $100.
81     (b)  Upon a second or subsequent conviction, by a fine of
82not less than $250 or more than $500.
83     (4)  A second or subsequent citation for aggressive
84careless driving is subject to a mandatory hearing under s.
85318.19.
86     Section 5.  Subsections (3), (4), and (5) of section
87318.19, Florida Statutes, are amended to read:
88     318.19  Infractions requiring a mandatory hearing.--Any
89person cited for the infractions listed in this section shall
90not have the provisions of s. 318.14(2), (4), and (9) available
91to him or her but must appear before the designated official at
92the time and location of the scheduled hearing:
93     (3)  Any infraction of s. 316.172(1)(b); or
94     (4)  Any infraction of s. 316.520(1) or (2); or
95     (5)  Any second or subsequent infraction of s. 316.1923(1).
96     Section 6.  The Department of Highway Safety and Motor
97Vehicles shall provide an educational awareness campaign
98informing the motoring public about the Road Rage Reduction Act.
99The department shall provide information about the Road Rage
100Reduction Act in all newly printed driver's license educational
101materials after October 1, 2006, and in public service
102announcements produced in cooperation with the Florida Highway
103Patrol.
104     Section 7.  This act shall take effect July 1, 2006.


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