1

A bill to be entitled

2

An act relating to motor vehicles; creating the "Highway

3

Safety Act"; providing legislative intent relating to road

4

rage and aggressive careless driving; amending s. 316.003,

5

F.S.; defining the term "road rage"; amending s. 316.083,

6

F.S.; requiring an operator of a motor vehicle to yield

7

the left lane when being overtaken on a multilane highway;

8

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

9

the number of specified acts necessary to qualify as an

10

aggressive careless driver; providing specified

11

punishments for aggressive careless driving; amending s.

12

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

13

infraction as an aggressive careless driver requires

14

attendance at a mandatory hearing; providing for the

15

disposition of the increased penalties; requiring the

16

Department of Highway Safety and Motor Vehicles to provide

17

an educational awareness campaign; reenacting s.

18

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

19

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

20

reference thereto; providing an effective date.

21

22

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

23

24

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

25

Act."

26

     Section 2. The Legislature finds that road rage and

27

aggressive careless driving are a growing threat to the health,

28

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

29

is to reduce road rage and aggressive careless driving, reduce

30

the incidence of drivers' interfering with the movement of

31

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

32

traffic on the roads and highways of the state.

33

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

34

Florida Statutes, to read:

35

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

36

used in this chapter, shall have the meanings respectively

37

ascribed to them in this section, except where the context

38

otherwise requires:

39

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

40

intentionally injure or kill another driver, passenger, or

41

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

42

driver, passenger, or pedestrian.

43

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

44

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

45

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

46

     316.083  Overtaking and passing a vehicle.--The following

47

rules shall govern the overtaking and passing of vehicles

48

proceeding in the same direction, subject to those limitations,

49

exceptions, and special rules hereinafter stated:

50

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

51

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

52

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

53

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

54

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

55

vehicle traveling at a higher rate of speed. This subsection does

56

not apply to the driver of a motor vehicle if he or she is in the

57

process of overtaking a slower motor vehicle in an adjacent

58

right-hand lane or if he or she is preparing to make a left turn.

59

     Section 5.  Section 316.1923, Florida Statutes, is amended

60

to read:

61

     316.1923  Aggressive careless driving.--

62

     (1) "Aggressive careless driving" means committing three

63

two or more of the following acts simultaneously or in

64

succession:

65

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

66

322.27(3)(d)5.b.

67

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

68

s. 316.085.

69

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

70

s. 316.0895(1).

71

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

72

316.079, s. 316.0815, or s. 316.123.

73

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

74

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

75

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

76

defined in ss. 316.074 and 316.075.

77

     (2) Any person convicted of aggressive careless driving

78

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

79

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

80

322.27, for each act of aggressive careless driving.

81

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

82

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

83

shall also pay:

84

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

85

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

86

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

87

mandatory hearing under s. 318.19.

88

     (4) Moneys received from the increased fine imposed by

89

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

90

deposited into the Department of Health Administrative Trust Fund

91

to provide financial support to certified trauma centers to

92

ensure the availability and accessibility of trauma services

93

throughout the state. Funds deposited into the Administrative

94

Trust Fund under this section shall be allocated as follows:

95

     (a) Fifty percent shall be allocated equally among all

96

Level I, Level II, and pediatric trauma centers in recognition of

97

readiness costs for maintaining trauma services.

98

     (b) Fifty percent shall be allocated among Level I, Level

99

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

100

volume of trauma cases as reported in the Department of Health

101

Trauma Registry.

102

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

103

read:

104

     318.19  Infractions requiring a mandatory hearing.--Any

105

person cited for the infractions listed in this section shall not

106

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

107

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

108

time and location of the scheduled hearing:

109

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

110

death of another;

111

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

112

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

113

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

114

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

115

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

116

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

117

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

118

     Section 7. The Department of Highway Safety and Motor

119

Vehicles shall provide an educational awareness campaign

120

informing the motoring public about the Highway Safety Act. The

121

department shall provide information about the act in all newly

122

printed driver's license educational materials after October 1,

123

2008, and in public service announcements produced in cooperation

124

with the Florida Highway Patrol.

125

     Section 8.  For the purpose of incorporating the amendments

126

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

127

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

128

316.650, Florida Statutes, is reenacted to read:

129

     316.650  Traffic citations.--

130

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

131

traffic enforcement agency in this state, an appropriate form

132

traffic citation containing a notice to appear (which shall be

133

issued in prenumbered books with citations in quintuplicate) and

134

meeting the requirements of this chapter or any laws of this

135

state regulating traffic, which form shall be consistent with the

136

state traffic court rules and the procedures established by the

137

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

138

by the law enforcement officer when the officer believes that the

139

traffic violation or crash was due to aggressive careless driving

140

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

141

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

142

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

143

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

144

failing to stop at a traffic signal.

145

     Section 9.  This act shall take effect July 1, 2008.