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The Committee on Transportation and Economic Development

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Appropriations (Diaz de la Portilla) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 52 and 53,

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insert:

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     Section 1. Sections 1 through 8 of this act may be cited as

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the "Highway Safety Act."

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     Section 2. The Legislature finds that road rage and

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aggressive careless driving are a growing threat to the health,

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safety, and welfare of the public. The intent of the Legislature

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is to reduce road rage and aggressive careless driving, reduce

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the incidence of drivers' interfering with the movement of

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traffic, minimize crashes, and promote the orderly, free flow of

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traffic on the roads and highways of the state.

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     Section 3.  Subsection (86) is added to section 316.003,

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Florida Statutes, to read:

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     316.003  Definitions.--The following words and phrases, when

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used in this chapter, shall have the meanings respectively

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ascribed to them in this section, except where the context

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otherwise requires:

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     (86) ROAD RAGE.--The act of a driver or passenger to

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intentionally injure or kill another driver, passenger, or

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pedestrian, or to attempt or threaten to injure or kill another

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driver, passenger, or pedestrian.

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     Section 4.  Present subsection (3) of section 316.083,

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Florida Statutes, is redesignated as subsection (4), and a new

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subsection (3) is added to that section, to read:

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     316.083  Overtaking and passing a vehicle.--The following

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rules shall govern the overtaking and passing of vehicles

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proceeding in the same direction, subject to those limitations,

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exceptions, and special rules hereinafter stated:

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     (3)(a) On roads, streets, or highways having two or more

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lanes that allow movement in the same direction, a driver may not

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continue to operate a motor vehicle in the furthermost left-hand

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lane if the driver knows, or reasonably should know, that he or

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she is being overtaken in that lane from the rear by a motor

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vehicle traveling at a higher rate of speed.

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     (b) Paragraph (a) does not apply to a driver operating a

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motor vehicle in the furthermost left-hand lane if:

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     1. The driver is driving the legal speed limit and is not

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impeding the flow of traffic in the furthermost left-hand lane;

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     2. The driver is in the process of overtaking a slower

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motor vehicle in the adjacent right-hand lane for the purpose of

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passing the slower moving vehicle so that the driver may move to

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the adjacent right-hand lane;

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     3. Conditions make the flow of traffic substantially the

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same in all lanes or preclude the driver from moving to the

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adjacent right-hand lane;

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     4. The driver's movement to the adjacent right-hand lane

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could endanger the driver or other drivers;

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     5. The driver is directed by a law enforcement officer,

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road sign, or road crew to remain in the furthermost left-hand

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lane; or

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     6. The driver is preparing to make a left turn.

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     Section 5.  Section 316.1923, Florida Statutes, is amended

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to read:

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     316.1923  Aggressive careless driving.--

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     (1) "Aggressive careless driving" means committing three

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two or more of the following acts simultaneously or in

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succession:

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     (a)(1) Exceeding the posted speed as defined in s.

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322.27(3)(d)5.b.

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     (b)(2) Unsafely or improperly changing lanes as defined in

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s. 316.085.

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     (c)(3) Following another vehicle too closely as defined in

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s. 316.0895(1).

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     (d)(4) Failing to yield the right-of-way as defined in s.

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316.079, s. 316.0815, or s. 316.123.

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     (e)(5) Improperly passing or failing to yield to overtaking

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vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.

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     (f)(6) Violating traffic control and signal devices as

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defined in ss. 316.074 and 316.075.

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     (2) Any person convicted of aggressive careless driving

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shall be cited for a moving violation and punished as provided in

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chapter 318, and by the accumulation of points as provided in s.

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322.27, for each act of aggressive careless driving.

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     (3) In addition to any fine or points administered under

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subsection (2), a person convicted of aggressive careless driving

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shall also pay:

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     (a) Upon a first violation, a fine of $100.

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     (b) Upon a second or subsequent conviction, a fine of not

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less than $250 but not more than $500 and be subject to a

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mandatory hearing under s. 318.19.

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     (4) Moneys received from the increased fine imposed by

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subsection (3) shall be remitted to the Department of Revenue and

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deposited into the Department of Health Administrative Trust Fund

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to provide financial support to verified trauma centers to ensure

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the availability and accessibility of trauma services throughout

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the state. Funds deposited into the Administrative Trust Fund

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under this section shall be allocated as follows:

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     (a) Twenty-five percent shall be allocated equally among

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all Level I, Level II, and pediatric trauma centers in

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recognition of readiness costs for maintaining trauma services.

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     (b) Twenty-five percent shall be allocated among Level I,

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Level II, and pediatric trauma centers based on each center's

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relative volume of trauma cases as reported in the Department of

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Health Trauma Registry.

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     (c) Twenty-five percent shall be transferred to the

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Emergency Medical Services Trust Fund and used by the department

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for making matching grants to emergency medical services

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organizations as defined in s. 401.107(4).

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     (d) Twenty-five percent shall be transferred to the

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Emergency Medical Services Trust fund and made available to rural

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emergency medical services as defined in s. 401.107(5), and shall

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be used solely to improve and expand prehospital emergency

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medical services in this state. Additionally, these moneys may be

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used for improvement, expansion, or continuation of services

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provided.

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     Section 6.  Section 318.19, Florida Statutes, is amended to

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read:

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     318.19  Infractions requiring a mandatory hearing.--Any

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person cited for the infractions listed in this section shall not

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have the provisions of s. 318.14(2), (4), and (9) available to

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him or her but must appear before the designated official at the

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time and location of the scheduled hearing:

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     (1)  Any infraction which results in a crash that causes the

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death of another;

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     (2)  Any infraction which results in a crash that causes

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"serious bodily injury" of another as defined in s. 316.1933(1);

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

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

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

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

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     (6) A second or subsequent infraction of s. 316.1923(1).

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     Section 7. The Department of Highway Safety and Motor

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Vehicles shall provide information about the Highway Safety Act

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in all newly printed driver's license educational materials after

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October 1, 2008.

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     Section 8.  For the purpose of incorporating the amendments

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made by this act to section 316.1923, Florida Statutes, in a

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reference thereto, paragraph (a) of subsection (1) of section

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316.650, Florida Statutes, is reenacted to read:

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     316.650  Traffic citations.--

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

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traffic enforcement agency in this state, an appropriate form

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traffic citation containing a notice to appear (which shall be

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issued in prenumbered books with citations in quintuplicate) and

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meeting the requirements of this chapter or any laws of this

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state regulating traffic, which form shall be consistent with the

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state traffic court rules and the procedures established by the

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department. The form shall include a box which is to be checked

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by the law enforcement officer when the officer believes that the

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traffic violation or crash was due to aggressive careless driving

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as defined in s. 316.1923. The form shall also include a box

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which is to be checked by the law enforcement officer when the

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officer writes a uniform traffic citation for a violation of s.

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316.074(1) or s. 316.075(1)(c)1. as a result of the driver

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failing to stop at a traffic signal.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 2, after the semicolon,

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insert:

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creating the "Highway Safety Act"; providing legislative

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intent relating to road rage and aggressive careless

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driving; amending s. 316.003, F.S.; defining the term

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"road rage"; amending s. 316.083, F.S.; requiring an

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operator of a motor vehicle to yield the left lane when

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being overtaken on a multilane highway; providing

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exceptions; amending s. 316.1923, F.S.; revising the

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number of specified acts necessary to qualify as an

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aggressive careless driver; providing specified

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punishments for aggressive careless driving; specifying

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the allocation of moneys received from the increased fine

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imposed for aggressive careless driving; amending s.

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318.19, F.S.; providing that a second or subsequent

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infraction as an aggressive careless driver requires

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attendance at a mandatory hearing; providing for the

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disposition of the increased penalties; requiring the

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Department of Highway Safety and Motor Vehicles to provide

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information about the act after a certain date; reenacting

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

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incorporate the amendments made to s. 316.1923, F.S., in a

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reference thereto;

4/21/2008  9:51:00 AM     36-08074A-08