Senate Bill sb0536

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    Florida Senate - 2007                                   SB 536

    By Senator Bennett


  1                      A bill to be entitled

  2         An act relating to motor vehicles; creating the

  3         "Highway Safety Act"; providing legislative

  4         intent relating to road rage and aggressive

  5         careless driving; amending s. 316.003, F.S.;

  6         defining the term "road rage"; amending s.

  7         316.083, F.S.; requiring an operator of a motor

  8         vehicle to yield the left lane when being

  9         overtaken on a multilane highway; providing

10         exceptions; amending s. 316.1923, F.S.;

11         revising the number of specified acts necessary

12         to qualify as an aggressive careless driver;

13         providing specified punishments for aggressive

14         careless driving; amending s. 318.19, F.S.;

15         providing that a second or subsequent

16         infraction as an aggressive careless driver

17         requires attendance at a mandatory hearing;

18         providing for the disposition of the increased

19         penalties; requiring the Department of Highway

20         Safety and Motor Vehicles to provide an

21         educational awareness campaign; reenacting s.

22         316.650(1)(a), F.S., relating to traffic

23         citations, to incorporate the amendments made

24         to s. 316.1923, F.S., in a reference thereto;

25         providing an effective date.


27  Be It Enacted by the Legislature of the State of Florida:


29         Section 1.  This act may be cited as the "Highway

30  Safety Act."



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    Florida Senate - 2007                                   SB 536

 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 - 2007                                   SB 536

 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 - 2007                                   SB 536

 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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    Florida Senate - 2007                                   SB 536

 1         (3)  Any infraction of s. 316.172(1)(b);

 2         (4)  Any infraction of s. 316.520(1) or (2); or

 3         (5)  Any infraction of s. 316.183(2), s. 316.187, or s.

 4  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.

 5         (6)  A second or subsequent infraction of s.

 6  316.1923(1).

 7         Section 7.  The Department of Highway Safety and Motor

 8  Vehicles shall provide an educational awareness campaign

 9  informing the motoring public about the Highway Safety Act.

10  The department shall provide information about the act in all

11  newly printed driver's license educational materials after

12  October 1, 2007, and in public service announcements produced

13  in cooperation with the Florida Highway Patrol.

14         Section 8.  For the purpose of incorporating the

15  amendments made by this act to section 316.1923, Florida

16  Statutes, in a reference thereto, paragraph (a) of subsection

17  (1) of section 316.650, Florida Statutes, is reenacted to

18  read:

19         316.650  Traffic citations.--

20         (1)(a)  The department shall prepare, and supply to

21  every traffic enforcement agency in this state, an appropriate

22  form traffic citation containing a notice to appear (which

23  shall be issued in prenumbered books with citations in

24  quintuplicate) and meeting the requirements of this chapter or

25  any laws of this state regulating traffic, which form shall be

26  consistent with the state traffic court rules and the

27  procedures established by the department. The form shall

28  include a box which is to be checked by the law enforcement

29  officer when the officer believes that the traffic violation

30  or crash was due to aggressive careless driving as defined in

31  s. 316.1923. The form shall also include a box which is to be


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    Florida Senate - 2007                                   SB 536

 1  checked by the law enforcement officer when the officer writes

 2  a uniform traffic citation for a violation of s. 316.074(1) or

 3  s. 316.075(1)(c)1. as a result of the driver failing to stop

 4  at a traffic signal.

 5         Section 9.  This act shall take effect July 1, 2007.


 7            *****************************************

 8                          SENATE SUMMARY

 9    Requires motor vehicle operators to drive in the
      right-hand lane on certain highways. Provides penalties.
10    Requires the Department of Highway Safety and Motor
      Vehicles to provide an educational awareness campaign.
11    Provides a grace period for enforcement. Provides for the
      distribution of moneys received from certain penalties
12    for aggressive careless driving.





















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