Senate Bill sb0224c1
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Florida Senate - 2006 CS for SB 224
By the Committee on Transportation; and Senator Bennett
596-2023-06
1 A bill to be entitled
2 An act relating to motor vehicles; creating the
3 "Road Rage Reduction Act"; providing
4 legislative intent relating to road rage and
5 aggressive careless driving; amending s.
6 316.003, F.S.; defining the term "road rage";
7 amending s. 316.083, F.S.; requiring an
8 operator of a motor vehicle to yield the left
9 lane when being overtaken on a multilane
10 highway; providing exceptions; amending s.
11 316.1923, F.S.; revising the number of
12 specified acts necessary to qualify as an
13 aggressive careless driver; providing specified
14 punishments for aggressive careless driving;
15 amending s. 318.19, F.S.; providing that a
16 second or subsequent infraction as an
17 aggressive careless driver requires attendance
18 at a mandatory hearing; providing for the
19 disposition of the increased penalties;
20 requiring the Department of Highway Safety and
21 Motor Vehicles to provide an educational
22 awareness campaign; reenacting s.
23 316.650(1)(a), F.S., relating to traffic
24 citations, to incorporate the amendments made
25 to s. 316.1923, F.S., in a reference thereto;
26 providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. This act may be cited as the "Road Rage
31 Reduction Act."
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Florida Senate - 2006 CS for SB 224
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1 Section 2. The Legislature finds that road rage and
2 aggressive careless driving are a growing threat to the
3 health, safety, and welfare of the public. The intent of the
4 Legislature is to reduce road rage and aggressive careless
5 driving, reduce the incidence of drivers' interfering with the
6 movement of traffic, minimize crashes, and promote the
7 orderly, free flow of traffic on the roads and highways of the
8 state.
9 Section 3. Subsection (86) is added to section
10 316.003, Florida Statutes, to read:
11 316.003 Definitions.--The following words and phrases,
12 when used in this chapter, shall have the meanings
13 respectively ascribed to them in this section, except where
14 the context otherwise requires:
15 (86) ROAD RAGE.--The act of a driver or passenger to
16 intentionally injure or kill another driver, passenger, or
17 pedestrian, or to attempt or threaten to injure or kill
18 another driver, passenger, or pedestrian.
19 Section 4. Present subsection (3) of section 316.083,
20 Florida Statutes, is redesignated as subsection (4), and a new
21 subsection (3) is added to that section, to read:
22 316.083 Overtaking and passing a vehicle.--The
23 following rules shall govern the overtaking and passing of
24 vehicles proceeding in the same direction, subject to those
25 limitations, exceptions, and special rules hereinafter stated:
26 (3) On roads, streets, or highways having two or more
27 lanes that allow movement in the same direction, a driver may
28 not continue to operate a motor vehicle in the furthermost
29 left-hand lane if the driver knows, or reasonably should know,
30 that he or she is being overtaken in that lane from the rear
31 by a motor vehicle traveling at a higher rate of speed. This
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Florida Senate - 2006 CS for SB 224
596-2023-06
1 subsection does not apply to the driver of a motor vehicle if
2 he or she is in the process of overtaking a slower motor
3 vehicle in an adjacent right-hand lane or if he or she is
4 preparing to make a left turn.
5 Section 5. Section 316.1923, Florida Statutes, is
6 amended to read:
7 316.1923 Aggressive careless driving.--
8 (1) "Aggressive careless driving" means committing
9 three two or more of the following acts simultaneously or in
10 succession:
11 (a)(1) Exceeding the posted speed as defined in s.
12 322.27(3)(d)5.b.
13 (b)(2) Unsafely or improperly changing lanes as
14 defined in s. 316.085.
15 (c)(3) Following another vehicle too closely as
16 defined in s. 316.0895(1).
17 (d)(4) Failing to yield the right-of-way as defined in
18 s. 316.079, s. 316.0815, or s. 316.123.
19 (e)(5) Improperly passing or failing to yield to
20 overtaking vehicles as defined in s. 316.083, s. 316.084, or
21 s. 316.085.
22 (f)(6) Violating traffic control and signal devices as
23 defined in ss. 316.074 and 316.075.
24 (2) Any person convicted of aggressive careless
25 driving shall be cited for a moving violation and punished as
26 provided in chapter 318, and by the accumulation of points as
27 provided in s. 322.27, for each act of aggressive careless
28 driving.
29 (3) In addition to any fine or points administered
30 under subsection (2), a person convicted of aggressive
31 careless driving shall also pay:
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Florida Senate - 2006 CS for SB 224
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1 (a) Upon a first violation, a fine of $100.
2 (b) Upon a second or subsequent conviction, a fine of
3 not less than $250 but not more than $500 and be subject to a
4 mandatory hearing under s. 318.19.
5 (4) Moneys received from the increased fine imposed by
6 subsection (3) shall be remitted to the Department of Revenue
7 and deposited into the Department of Health Administrative
8 Trust Fund to provide financial support to certified trauma
9 centers to assure the availability and accessibility of trauma
10 services throughout the state. Funds deposited into the
11 Administrative Trust Fund under this section shall be
12 allocated as follows:
13 (a) Fifty percent shall be allocated equally among all
14 Level I, Level II, and pediatric trauma centers in recognition
15 of readiness costs for maintaining trauma services.
16 (b) Fifty percent shall be allocated among Level I,
17 Level II, and pediatric trauma centers based on each center's
18 relative volume of trauma cases as reported in the Department
19 of Health Trauma Registry.
20 Section 6. Section 318.19, Florida Statutes, is
21 amended to read:
22 318.19 Infractions requiring a mandatory hearing.--Any
23 person cited for the infractions listed in this section shall
24 not have the provisions of s. 318.14(2), (4), and (9)
25 available to him or her but must appear before the designated
26 official at the time and location of the scheduled hearing:
27 (1) Any infraction which results in a crash that
28 causes the death of another;
29 (2) Any infraction which results in a crash that
30 causes "serious bodily injury" of another as defined in s.
31 316.1933(1);
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1 (3) Any infraction of s. 316.172(1)(b); or
2 (4) Any infraction of s. 316.520(1) or (2); or.
3 (5) A second or subsequent infraction of s.
4 316.1923(1).
5 Section 7. The Department of Highway Safety and Motor
6 Vehicles shall provide an educational awareness campaign
7 informing the motoring public about the Road Rage Reduction
8 Act. The department shall provide information about the Road
9 Rage Reduction Act in all newly printed driver's license
10 educational materials after October 1, 2006, and in public
11 service announcements produced in cooperation with the Florida
12 Highway Patrol.
13 Section 8. For the purpose of incorporating the
14 amendments made by this act to section 316.1923, Florida
15 Statutes, in a reference thereto, paragraph (a) of subsection
16 (1) of section 316.650, Florida Statutes, is reenacted to
17 read:
18 316.650 Traffic citations.--
19 (1)(a) The department shall prepare, and supply to
20 every traffic enforcement agency in this state, an appropriate
21 form traffic citation containing a notice to appear (which
22 shall be issued in prenumbered books with citations in
23 quintuplicate) and meeting the requirements of this chapter or
24 any laws of this state regulating traffic, which form shall be
25 consistent with the state traffic court rules and the
26 procedures established by the department. The form shall
27 include a box which is to be checked by the law enforcement
28 officer when the officer believes that the traffic violation
29 or crash was due to aggressive careless driving as defined in
30 s. 316.1923. The form shall also include a box which is to be
31 checked by the law enforcement officer when the officer writes
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1 a uniform traffic citation for a violation of s. 316.074(1) or
2 s. 316.075(1)(c)1. as a result of the driver failing to stop
3 at a traffic signal.
4 Section 9. This act shall take effect July 1, 2006.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 224
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9 This CS provides for the distribution of the money received
from the penalties for "aggressive careless driving" to be
10 directed to the Department of Health Administrative Trust
Fund. Fifty percent of the funds are to be evenly distributed
11 to Level I, Level II, pediatric trauma centers. Fifty percent
is to be distributed to Level I, Level II, and pediatric
12 trauma centers based on volume of trauma cases.
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