| 1 | The State Infrastructure Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to traffic safety; providing a short |
| 7 | title; providing legislative findings and intent; amending |
| 8 | s. 316.083, F.S.; prohibiting a person from operating a |
| 9 | motor vehicle in the most left-hand lane under described |
| 10 | circumstances; providing penalties for violations; |
| 11 | amending s. 316.1923, F.S.; redefining the term |
| 12 | "aggressive careless driving"; providing penalties for |
| 13 | aggressive careless driving; providing for distribution of |
| 14 | certain fines collected; amending s. 318.19, F.S.; |
| 15 | requiring a hearing for a second or subsequent aggressive |
| 16 | careless driving violation; requiring the Department of |
| 17 | Highway Safety and Motor Vehicles to provide an |
| 18 | educational awareness campaign; providing an effective |
| 19 | date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. This act may be cited as the "Road Rage |
| 24 | Reduction Act." |
| 25 | Section 2. The Legislature finds that road rage and |
| 26 | aggressive careless driving are growing threats to the public's |
| 27 | health, safety, and welfare. Road rage occurs when a driver or |
| 28 | passenger intentionally injures or kills, or attempts or |
| 29 | threatens to injure or kill, another motorist, passenger, or |
| 30 | pedestrian. Aggressive careless driving occurs when a driver |
| 31 | commits multiple traffic control violations simultaneously or in |
| 32 | succession. The intent of the Legislature is to reduce road rage |
| 33 | and aggressive careless driving, to reduce the incidence of |
| 34 | drivers interfering with the movement of traffic, to minimize |
| 35 | crashes, and to promote the safe, orderly, and free flow of |
| 36 | traffic on the roads and highways of the state. |
| 37 | Section 3. Subsection (3) of section 316.083, Florida |
| 38 | Statutes, is renumbered as subsection (4), and a new subsection |
| 39 | (3) is added to that section, to read: |
| 40 | 316.083 Overtaking and passing a vehicle.--The following |
| 41 | rules shall govern the overtaking and passing of vehicles |
| 42 | proceeding in the same direction, subject to those limitations, |
| 43 | exceptions, and special rules hereinafter stated: |
| 44 | (3) On roads, streets, or highways with two or more lanes |
| 45 | allowing for movement in the same direction, no person shall |
| 46 | continue to operate a motor vehicle in the most left-hand lane |
| 47 | once such person knows or reasonably should know he or she is |
| 48 | being overtaken in such lane from the rear by a motor vehicle |
| 49 | traveling at a higher rate of speed except when such motor |
| 50 | vehicle is in the process of overtaking a slower vehicle in an |
| 51 | adjacent lane or is preparing for a left turn. |
| 52 | (4)(3) A violation of this section is a noncriminal |
| 53 | traffic infraction, punishable as a moving violation as provided |
| 54 | in chapter 318. |
| 55 | Section 4. Section 316.1923, Florida Statutes, is amended |
| 56 | to read: |
| 57 | 316.1923 Aggressive careless driving.-- |
| 58 | (1) "Aggressive careless driving" means committing three |
| 59 | two or more of the following acts simultaneously or in |
| 60 | succession: |
| 61 | (a)(1) Exceeding the posted speed as defined in s. |
| 62 | 322.27(3)(d)5.b. |
| 63 | (b)(2) Unsafely or improperly changing lanes as defined in |
| 64 | s. 316.085. |
| 65 | (c)(3) Following another vehicle too closely as defined in |
| 66 | s. 316.0895(1). |
| 67 | (d)(4) Failing to yield the right-of-way as defined in s. |
| 68 | 316.079, s. 316.0815, or s. 316.123. |
| 69 | (e)(5) Improperly passing or failing to yield to |
| 70 | overtaking vehicles as defined in s. 316.083, s. 316.084, or s. |
| 71 | 316.085. |
| 72 | (f)(6) Violating traffic control and signal devices as |
| 73 | defined in ss. 316.074 and 316.075. |
| 74 | (2) Any person convicted of aggressive careless driving |
| 75 | shall be guilty of a moving violation and shall be punished as |
| 76 | provided in chapter 318, including the accumulation of points as |
| 77 | provided in s. 322.27, for each of the acts committed. |
| 78 | (3) In addition to the fines and accumulation of points |
| 79 | under subsection (2) for each of the acts committed, a person |
| 80 | convicted of aggressive careless driving shall be punished: |
| 81 | (a) Upon a first conviction, by a fine of $100. |
| 82 | (b) Upon a second or subsequent conviction, by a fine of |
| 83 | not less than $250 or more than $500. |
| 84 | (4) Moneys received from the increased fines imposed by |
| 85 | subsection (3) shall be remitted to the Department of Revenue |
| 86 | and deposited into the Department of Health Administrative Trust |
| 87 | Fund to provide financial support to certified trauma centers to |
| 88 | ensure the availability and accessibility of trauma services |
| 89 | throughout the state. Funds deposited into the Administrative |
| 90 | Trust Fund under this subsection shall be allocated as follows: |
| 91 | (a) Fifty percent shall be allocated equally among all |
| 92 | Level I, Level II, and pediatric trauma centers in recognition |
| 93 | of readiness costs for maintaining trauma services. |
| 94 | (b) Fifty percent shall be allocated among Level I, Level |
| 95 | II, and pediatric trauma centers based on each center's relative |
| 96 | volume of trauma cases as reported in the Department of Health |
| 97 | Trauma Registry. |
| 98 | (5) A second or subsequent citation for aggressive |
| 99 | careless driving is subject to a mandatory hearing under s. |
| 100 | 318.19. |
| 101 | Section 5. Subsections (3) and (4) of section 318.19, |
| 102 | Florida Statutes, are amended, and subsection (5) is added to |
| 103 | that section, to read: |
| 104 | 318.19 Infractions requiring a mandatory hearing.--Any |
| 105 | person cited for the infractions listed in this section shall |
| 106 | not have the provisions of s. 318.14(2), (4), and (9) available |
| 107 | to him or her but must appear before the designated official at |
| 108 | the time and location of the scheduled hearing: |
| 109 | (3) Any infraction of s. 316.172(1)(b); or |
| 110 | (4) Any infraction of s. 316.520(1) or (2); or |
| 111 | (5) Any second or subsequent infraction of s. 316.1923(1). |
| 112 | Section 6. The Department of Highway Safety and Motor |
| 113 | Vehicles shall provide an educational awareness campaign |
| 114 | informing the motoring public about the Road Rage Reduction Act. |
| 115 | The department shall provide information about the Road Rage |
| 116 | Reduction Act in all newly printed driver's license educational |
| 117 | materials after October 1, 2006, and in public service |
| 118 | announcements produced in cooperation with the Florida Highway |
| 119 | Patrol. |
| 120 | Section 7. This act shall take effect July 1, 2006. |