| 1 | A bill to be entitled |
| 2 | An act relating to traffic offenses; creating s. 318.195, |
| 3 | F.S.; providing criminal penalties for a person who |
| 4 | commits a moving violation that causes serious bodily |
| 5 | injury to, or causes or contributes to the death of, a |
| 6 | person operating or riding in a motor vehicle or operating |
| 7 | or riding on a motorcycle; requiring that the person pay a |
| 8 | specified fine, serve a minimum period of incarceration, |
| 9 | and attend a driver improvement course; requiring the |
| 10 | court to revoke the person's driver's license for a |
| 11 | specified period; providing that the act does not prohibit |
| 12 | the person from being charged with, convicted of, or |
| 13 | punished for any other violation of law; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 318.195, Florida Statutes, is created |
| 19 | to read: |
| 20 | 318.195 Enhanced penalties for moving violations causing |
| 21 | injury or death.-- |
| 22 | (1) A person who commits a moving violation that causes |
| 23 | serious bodily injury, as defined in s. 316.1933, to a person |
| 24 | operating or riding in a motor vehicle or operating or riding on |
| 25 | a motorcycle commits a misdemeanor of the second degree, |
| 26 | punishable as provided in s. 775.082 or s. 775.083, and, upon |
| 27 | conviction, shall pay a fine of not less than $500, serve a |
| 28 | minimum of 30 days of incarceration, and attend a driver |
| 29 | improvement course. The court shall also revoke the person's |
| 30 | driver's license for not less than 30 days. |
| 31 | (2) A person who commits a moving violation that causes or |
| 32 | contributes to the death of a person operating or riding in a |
| 33 | motor vehicle or operating or riding on a motorcycle commits a |
| 34 | misdemeanor of the first degree, punishable as provided in s. |
| 35 | 775.082 or s. 775.083, and, upon conviction, shall pay a fine of |
| 36 | not less than $1,000, serve a minimum of 90 days of |
| 37 | incarceration, and, in lieu of the requirements of s. 322.0261, |
| 38 | attend an advanced driver improvement course. The court shall |
| 39 | also revoke the person's driver's license for not less than 1 |
| 40 | year. |
| 41 | (3) This section shall not prohibit a person from being |
| 42 | charged with, convicted of, or punished for any other violation |
| 43 | of law. |
| 44 | Section 2. This act shall take effect October 1, 2009. |