HB 801

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. 316.003,
5F.S.; defining the term "road rage"; amending s. 316.083,
6F.S.; requiring an operator of a motor vehicle to yield
7the left lane when being overtaken on a multilane highway;
8providing exceptions; amending s. 316.1923, F.S.; revising
9the number of specified acts necessary to qualify as an
10aggressive careless driver; providing specified
11punishments for aggressive careless driving; specifying
12the allocation of moneys received from the increased fine
13imposed for aggressive careless driving; amending s.
14318.19, F.S.; providing that a second or subsequent
15infraction as an aggressive careless driver requires
16attendance at a mandatory hearing; providing for the
17disposition of the increased penalties; requiring the
18Department of Highway Safety and Motor Vehicles to provide
19information about the Highway Safety Act in driver's
20license educational materials; reenacting s.
21316.650(1)(a), F.S., relating to traffic citations, to
22incorporate the amendments made to s. 316.1923, F.S., in a
23reference thereto; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  This act may be cited as the "Highway Safety
28Act."
29     Section 2.  The Legislature finds that road rage and
30aggressive careless driving are a growing threat to the health,
31safety, and welfare of the public. The intent of the Legislature
32is to reduce road rage and aggressive careless driving, reduce
33the incidence of drivers' interfering with the movement of
34traffic, minimize crashes, and promote the orderly, free flow of
35traffic on the roads and highways of the state.
36     Section 3.  Subsection (86) is added to section 316.003,
37Florida Statutes, to read:
38     316.003  Definitions.-The following words and phrases, when
39used in this chapter, shall have the meanings respectively
40ascribed to them in this section, except where the context
41otherwise requires:
42     (86)  ROAD RAGE.-The act of a driver or passenger to
43intentionally or unintentionally, due to a loss of emotional
44control, injure or kill another driver, passenger, or
45pedestrian, or to attempt or threaten to injure or kill another
46driver, passenger, or pedestrian.
47     Section 4.  Present subsection (3) of section 316.083,
48Florida Statutes, is redesignated as subsection (4), and a new
49subsection (3) is added to that section, to read:
50     316.083  Overtaking and passing a vehicle.-The following
51rules shall govern the overtaking and passing of vehicles
52proceeding in the same direction, subject to those limitations,
53exceptions, and special rules hereinafter stated:
54     (3)(a)  On roads, streets, or highways having two or more
55lanes that allow movement in the same direction, a driver may
56not continue to operate a motor vehicle in the furthermost left-
57hand lane if the driver knows, or reasonably should know, that
58he or she is being overtaken in that lane from the rear by a
59motor vehicle traveling at a higher rate of speed.
60     (b)  Paragraph (a) does not apply to a driver operating a
61motor vehicle in the furthermost left-hand lane if:
62     1.  The driver is driving the legal speed limit and is not
63impeding the flow of traffic in the furthermost left-hand lane;
64     2.  The driver is in the process of overtaking a slower
65motor vehicle in the adjacent right-hand lane for the purpose of
66passing the slower moving vehicle so that the driver may move to
67the adjacent right-hand lane;
68     3.  Conditions make the flow of traffic substantially the
69same in all lanes or preclude the driver from moving to the
70adjacent right-hand lane;
71     4.  The driver's movement to the adjacent right-hand lane
72could endanger the driver or other drivers;
73     5.  The driver is directed by a law enforcement officer,
74road sign, or road crew to remain in the furthermost left-hand
75lane; or
76     6.  The driver is preparing to make a left turn.
77     (c)  A driver who violates s. 316.183 and this subsection
78simultaneously shall receive a uniform traffic citation solely
79under s. 316.183.
80     Section 5.  Section 316.1923, Florida Statutes, is amended
81to read:
82     316.1923  Aggressive careless driving.-
83     (1)  "Aggressive careless driving" means committing three
84two or more of the following acts simultaneously or in
85succession:
86     (a)(1)  Exceeding the posted speed as defined in s.
87322.27(3)(d)5.b.
88     (b)(2)  Unsafely or improperly changing lanes as defined in
89s. 316.085.
90     (c)(3)  Following another vehicle too closely as defined in
91s. 316.0895(1).
92     (d)(4)  Failing to yield the right-of-way as defined in s.
93316.079, s. 316.0815, or s. 316.123.
94     (e)(5)  Improperly passing or failing to yield to
95overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
96316.085.
97     (f)(6)  Violating traffic control and signal devices as
98defined in ss. 316.074 and 316.075.
99     (2)  Any person convicted of aggressive careless driving
100shall be cited for a moving violation and punished as provided
101in chapter 318, and by the accumulation of points as provided in
102s. 322.27, for each act of aggressive careless driving.
103     (3)  In addition to any fine or points administered under
104subsection (2), a person convicted of aggressive careless
105driving shall also pay:
106     (a)  Upon a first violation, a fine of $100.
107     (b)  Upon a second or subsequent conviction, a fine of not
108less than $250 but not more than $500 and be subject to a
109mandatory hearing under s. 318.19.
110     (4)  Of the moneys received from the increased fine imposed
111by subsection (3), $200,000 in the first year after this act
112takes effect and $50,000 in the second and third years shall be
113remitted to the Department of Highway Safety and Motor Vehicles
114to offset the cost of providing educational materials related to
115this act. Any additional moneys shall be remitted to the
116Department of Revenue and deposited into the Department of
117Health Administrative Trust Fund to provide financial support to
118verified trauma centers to ensure the availability and
119accessibility of trauma services throughout the state. Funds
120deposited into the Administrative Trust Fund under this section
121shall be allocated as follows:
122     (a)  Twenty-five percent shall be allocated equally among
123all Level I, Level II, and pediatric trauma centers in
124recognition of readiness costs for maintaining trauma services.
125     (b)  Twenty-five percent shall be allocated among Level I,
126Level II, and pediatric trauma centers based on each center's
127relative volume of trauma cases as reported in the Department of
128Health Trauma Registry.
129     (c)  Twenty-five percent shall be transferred to the
130Emergency Medical Services Trust Fund and used by the department
131for making matching grants to emergency medical services
132organizations as defined in s. 401.107.
133     (d)  Twenty-five percent shall be transferred to the
134Emergency Medical Services Trust Fund and made available to
135rural emergency medical services as defined in s. 401.107, and
136shall be used solely to improve and expand prehospital emergency
137medical services in this state. Additionally, these moneys may
138be used for the improvement, expansion, or continuation of
139services provided.
140     Section 6.  Section 318.19, Florida Statutes, is amended to
141read:
142     318.19  Infractions requiring a mandatory hearing.-Any
143person cited for the infractions listed in this section shall
144not have the provisions of s. 318.14(2), (4), and (9) available
145to him or her but must appear before the designated official at
146the time and location of the scheduled hearing:
147     (1)  Any infraction which results in a crash that causes
148the death of another;
149     (2)  Any infraction which results in a crash that causes
150"serious bodily injury" of another as defined in s. 316.1933(1);
151     (3)  Any infraction of s. 316.172(1)(b);
152     (4)  Any infraction of s. 316.520(1) or (2); or
153     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.
154316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
155     (6)  A second or subsequent infraction of s. 316.1923(1).
156     Section 7.  The Department of Highway Safety and Motor
157Vehicles shall provide information about the Highway Safety Act
158in all newly printed driver's license educational materials
159after October 1, 2010.
160     Section 8.  For the purpose of incorporating the amendments
161made by this act to section 316.1923, Florida Statutes, in a
162reference thereto, paragraph (a) of subsection (1) of section
163316.650, Florida Statutes, is reenacted to read:
164     316.650  Traffic citations.-
165     (1)(a)  The department shall prepare and supply to every
166traffic enforcement agency in this state an appropriate form
167traffic citation that contains a notice to appear, is issued in
168prenumbered books, meets the requirements of this chapter or any
169laws of this state regulating traffic, and is consistent with
170the state traffic court rules and the procedures established by
171the department. The form shall include a box that is to be
172checked by the law enforcement officer when the officer believes
173that the traffic violation or crash was due to aggressive
174careless driving as defined in s. 316.1923. The form shall also
175include a box that is to be checked by the law enforcement
176officer when the officer writes a uniform traffic citation for a
177violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
178the driver failing to stop at a traffic signal.
179     Section 9.  This act shall take effect July 1, 2010.


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