HB 1395CS

CHAMBER ACTION




1The State Infrastructure Council 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; providing for distribution of
14certain fines collected; amending s. 318.19, F.S.;
15requiring a hearing for a second or subsequent aggressive
16careless driving violation; requiring the Department of
17Highway Safety and Motor Vehicles to provide an
18educational awareness campaign; providing an effective
19date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  This act may be cited as the "Road Rage
24Reduction Act."
25     Section 2.  The Legislature finds that road rage and
26aggressive careless driving are growing threats to the public's
27health, safety, and welfare. Road rage occurs when a driver or
28passenger intentionally injures or kills, or attempts or
29threatens to injure or kill, another motorist, passenger, or
30pedestrian. Aggressive careless driving occurs when a driver
31commits multiple traffic control violations simultaneously or in
32succession. The intent of the Legislature is to reduce road rage
33and aggressive careless driving, to reduce the incidence of
34drivers interfering with the movement of traffic, to minimize
35crashes, and to promote the safe, orderly, and free flow of
36traffic on the roads and highways of the state.
37     Section 3.  Subsection (3) of section 316.083, Florida
38Statutes, 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
41rules shall govern the overtaking and passing of vehicles
42proceeding in the same direction, subject to those limitations,
43exceptions, and special rules hereinafter stated:
44     (3)  On roads, streets, or highways with two or more lanes
45allowing for movement in the same direction, no person shall
46continue to operate a motor vehicle in the most left-hand lane
47once such person knows or reasonably should know he or she is
48being overtaken in such lane from the rear by a motor vehicle
49traveling at a higher rate of speed except when such motor
50vehicle is in the process of overtaking a slower vehicle in an
51adjacent lane or is preparing for a left turn.
52     (4)(3)  A violation of this section is a noncriminal
53traffic infraction, punishable as a moving violation as provided
54in chapter 318.
55     Section 4.  Section 316.1923, Florida Statutes, is amended
56to read:
57     316.1923  Aggressive careless driving.--
58     (1)  "Aggressive careless driving" means committing three
59two or more of the following acts simultaneously or in
60succession:
61     (a)(1)  Exceeding the posted speed as defined in s.
62322.27(3)(d)5.b.
63     (b)(2)  Unsafely or improperly changing lanes as defined in
64s. 316.085.
65     (c)(3)  Following another vehicle too closely as defined in
66s. 316.0895(1).
67     (d)(4)  Failing to yield the right-of-way as defined in s.
68316.079, s. 316.0815, or s. 316.123.
69     (e)(5)  Improperly passing or failing to yield to
70overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
71316.085.
72     (f)(6)  Violating traffic control and signal devices as
73defined in ss. 316.074 and 316.075.
74     (2)  Any person convicted of aggressive careless driving
75shall be guilty of a moving violation and shall be punished as
76provided in chapter 318, including the accumulation of points as
77provided in s. 322.27, for each of the acts committed.
78     (3)  In addition to the fines and accumulation of points
79under subsection (2) for each of the acts committed, a person
80convicted 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
83not less than $250 or more than $500.
84     (4)  Moneys received from the increased fines imposed by
85subsection (3) shall be remitted to the Department of Revenue
86and deposited into the Department of Health Administrative Trust
87Fund to provide financial support to certified trauma centers to
88ensure the availability and accessibility of trauma services
89throughout the state. Funds deposited into the Administrative
90Trust Fund under this subsection shall be allocated as follows:
91     (a)  Fifty percent shall be allocated equally among all
92Level I, Level II, and pediatric trauma centers in recognition
93of readiness costs for maintaining trauma services.
94     (b)  Fifty percent shall be allocated among Level I, Level
95II, and pediatric trauma centers based on each center's relative
96volume of trauma cases as reported in the Department of Health
97Trauma Registry.
98     (5)  A second or subsequent citation for aggressive
99careless driving is subject to a mandatory hearing under s.
100318.19.
101     Section 5.  Subsections (3) and (4) of section 318.19,
102Florida Statutes, are amended, and subsection (5) is added to
103that section, to read:
104     318.19  Infractions requiring a mandatory hearing.--Any
105person cited for the infractions listed in this section shall
106not have the provisions of s. 318.14(2), (4), and (9) available
107to him or her but must appear before the designated official at
108the 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
113Vehicles shall provide an educational awareness campaign
114informing the motoring public about the Road Rage Reduction Act.
115The department shall provide information about the Road Rage
116Reduction Act in all newly printed driver's license educational
117materials after October 1, 2006, and in public service
118announcements produced in cooperation with the Florida Highway
119Patrol.
120     Section 7.  This act shall take effect July 1, 2006.


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