HB 731

1
A bill to be entitled
2An act relating to motor vehicles; creating the "Highway
3Safety Act"; providing legislative intent relating to road
4rage and aggressive careless driving; amending s. 316.071,
5F.S.; requiring an operator of a motor vehicle to yield
6the left lane when being overtaken on a multilane highway;
7providing exceptions; amending s. 316.1923, F.S.; revising
8the number of specified acts necessary to qualify as an
9aggressive careless driver; providing specified
10punishments for aggressive careless driving; amending s.
11318.19, F.S.; providing that a second or subsequent
12infraction as an aggressive careless driver requires
13attendance at a mandatory hearing; providing for the
14disposition of the increased penalties; requiring the
15Department of Highway Safety and Motor Vehicles to provide
16an educational awareness campaign; reenacting s.
17316.650(1)(a), F.S., relating to traffic citations, to
18incorporate the amendments made to s. 316.1923, F.S., in a
19reference thereto; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  This act may be cited as the "Highway Safety
24Act."
25     Section 2.  The Legislature finds that road rage and
26aggressive careless driving are a growing threat to the health,
27safety, and welfare of the public. The intent of the Legislature
28is to reduce road rage and aggressive careless driving, reduce
29the incidence of drivers' interfering with the movement of
30traffic, minimize crashes, and promote the orderly, free flow of
31traffic on the roads and highways of the state.
32     Section 3.  Section 316.071, Florida Statutes, is amended
33to read:
34     316.071  Disabled Vehicles obstructing traffic.--
35     (1)  Whenever a vehicle is disabled on any street or
36highway within the state or for any reason obstructs the regular
37flow of traffic, the driver shall move the vehicle so as not to
38obstruct the regular flow of traffic or, if he or she cannot
39move the vehicle alone, solicit help and move the vehicle so as
40not to obstruct the regular flow of traffic.
41     (2)  On roads, streets, or highways having two or more
42lanes that allow movement in the same direction, a driver may
43not continue to operate a motor vehicle in the furthermost left-
44hand lane if the driver knows, or reasonably should know, that
45he or she is being overtaken in that lane from the rear by a
46motor vehicle traveling at a higher rate of speed. This
47subsection does not apply to the driver of a motor vehicle if he
48or she is in the process of overtaking a slower motor vehicle in
49an adjacent right-hand lane or is preparing to make a left turn.
50     (3)  Any person failing to comply with the provisions of
51this section shall be cited for a nonmoving violation,
52punishable as provided in chapter 318.
53     Section 4.  Section 316.1923, Florida Statutes, is amended
54to read:
55     316.1923  Aggressive careless driving.--
56     (1)  "Aggressive careless driving" means committing three
57two or more of the following acts simultaneously or in
58succession:
59     (a)(1)  Exceeding the posted speed as defined in s.
60322.27(3)(d)5.b.
61     (b)(2)  Unsafely or improperly changing lanes as defined in
62s. 316.085.
63     (c)(3)  Following another vehicle too closely as defined in
64s. 316.0895(1).
65     (d)(4)  Failing to yield the right-of-way as defined in s.
66316.079, s. 316.0815, or s. 316.123.
67     (e)(5)  Improperly passing as defined in s. 316.083, s.
68316.084, or s. 316.085.
69     (f)(6)  Violating traffic control and signal devices as
70defined in ss. 316.074 and 316.075.
71     (2)  Any person convicted of aggressive careless driving
72shall be cited for a moving violation and punished as provided
73in chapter 318, and by the accumulation of points as provided in
74s. 322.27, for each act of aggressive careless driving.
75     (3)  In addition to any fine or points administered under
76subsection (2), a person convicted of aggressive careless
77driving shall also pay:
78     (a)  Upon a first violation, a fine of $100.
79     (b)  Upon a second or subsequent conviction, a fine of not
80less than $250 but not more than $500 and be subject to a
81mandatory hearing under s. 318.19.
82     (4)  Moneys received from the increased fine imposed by
83subsection (3) shall be remitted to the Department of Revenue
84and deposited into the Department of Health Administrative Trust
85Fund to provide financial support to certified trauma centers to
86assure the availability and accessibility of trauma services
87throughout the state. Funds deposited into the Administrative
88Trust Fund under this section shall be allocated as follows:
89     (a)  Fifty percent shall be allocated equally among all
90Level I, Level II, and pediatric trauma centers in recognition
91of readiness costs for maintaining trauma services.
92     (b)  Fifty percent shall be allocated among Level I, Level
93II, and pediatric trauma centers based on each center's relative
94volume of trauma cases as reported in the Department of Health
95Trauma Registry.
96     Section 5.  Section 318.19, Florida Statutes, is amended to
97read:
98     318.19  Infractions requiring a mandatory hearing.--Any
99person cited for the infractions listed in this section shall
100not have the provisions of s. 318.14(2), (4), and (9) available
101to him or her but must appear before the designated official at
102the time and location of the scheduled hearing:
103     (1)  Any infraction which results in a crash that causes
104the death of another;
105     (2)  Any infraction which results in a crash that causes
106"serious bodily injury" of another as defined in s. 316.1933(1);
107     (3)  Any infraction of s. 316.172(1)(b);
108     (4)  Any infraction of s. 316.520(1) or (2); or
109     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.
110316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
111     (6)  A 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 Highway Safety Act. The
115department shall provide information about the act in all newly
116printed driver's license educational materials after October 1,
1172007, and in public service announcements produced in
118cooperation with the Florida Highway Patrol.
119     Section 7.  For the purpose of incorporating the amendments
120made by this act to section 316.1923, Florida Statutes, in a
121reference thereto, paragraph (a) of subsection (1) of section
122316.650, Florida Statutes, is reenacted to read:
123     316.650  Traffic citations.--
124     (1)(a)  The department shall prepare, and supply to every
125traffic enforcement agency in this state, an appropriate form
126traffic citation containing a notice to appear (which shall be
127issued in prenumbered books with citations in quintuplicate) and
128meeting the requirements of this chapter or any laws of this
129state regulating traffic, which form shall be consistent with
130the state traffic court rules and the procedures established by
131the department. The form shall include a box which is to be
132checked by the law enforcement officer when the officer believes
133that the traffic violation or crash was due to aggressive
134careless driving as defined in s. 316.1923. The form shall also
135include a box which is to be checked by the law enforcement
136officer when the officer writes a uniform traffic citation for a
137violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
138the driver failing to stop at a traffic signal.
139     Section 8.  This act shall take effect July 1, 2007.


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