Florida Senate - 2008 CS for SB 658
By the Committee on Criminal Justice; and Senator Bennett
591-08239-08 2008658c1
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A bill to be entitled
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An act relating to motor vehicles; creating the "Highway
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Safety Act"; providing legislative intent relating to road
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rage and aggressive careless driving; amending s. 316.003,
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F.S.; defining the term "road rage"; amending s. 316.083,
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F.S.; requiring an operator of a motor vehicle to yield
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the left lane when being overtaken on a multilane highway;
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providing exceptions; amending s. 316.1923, F.S.; revising
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the 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 Highway Safety Act in driver's
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license educational materials; reenacting s.
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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; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Highway Safety
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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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(e)(5) Improperly passing or failing to yield to overtaking
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(f)(6) Violating traffic control and signal devices as
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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 the 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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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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failing to stop at a traffic signal.
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Section 9. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.