| 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; specifying |
| 12 | the allocation of moneys received from the increased fine |
| 13 | imposed for aggressive careless driving; amending s. |
| 14 | 318.1451, F.S.; requiring driver improvement schools to |
| 15 | collect a fee from certain persons taking a basic driver |
| 16 | improvement course; providing for such fees to be used to |
| 17 | provide educational materials relating to this act; |
| 18 | amending s. 318.19, F.S.; providing that a second or |
| 19 | subsequent infraction as an aggressive careless driver |
| 20 | requires attendance at a mandatory hearing; providing for |
| 21 | the disposition of the increased penalties; amending s. |
| 22 | 322.025, F.S.; requiring the Department of Highway Safety |
| 23 | and Motor Vehicles to provide information about the |
| 24 | Highway Safety Act in driver's license educational |
| 25 | materials; amending s. 322.05, F.S.; requiring a person |
| 26 | who is at least 16 but less than 19 years of age to |
| 27 | complete a basic driver improvement course and complete 50 |
| 28 | hours of behind-the-wheel experience before being issued a |
| 29 | driver's license; reenacting s. 316.650(1)(a), F.S., |
| 30 | relating to traffic citations, to incorporate the |
| 31 | amendments made to s. 316.1923, F.S., in a reference |
| 32 | thereto; providing an effective date. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. This act may be cited as the "Highway Safety |
| 37 | Act." |
| 38 | Section 2. The Legislature finds that road rage and |
| 39 | aggressive careless driving are a growing threat to the health, |
| 40 | safety, and welfare of the public. The intent of the Legislature |
| 41 | is to reduce road rage and aggressive careless driving, reduce |
| 42 | the incidence of drivers' interfering with the movement of |
| 43 | traffic, minimize crashes, and promote the orderly, free flow of |
| 44 | traffic on the roads and highways of the state. |
| 45 | Section 3. Subsection (86) is added to section 316.003, |
| 46 | Florida Statutes, to read: |
| 47 | 316.003 Definitions.-The following words and phrases, when |
| 48 | used in this chapter, shall have the meanings respectively |
| 49 | ascribed to them in this section, except where the context |
| 50 | otherwise requires: |
| 51 | (86) ROAD RAGE.-The act of a driver or passenger to |
| 52 | intentionally or unintentionally, due to a loss of emotional |
| 53 | control, injure or kill another driver, passenger, or |
| 54 | pedestrian, or to attempt or threaten to injure or kill another |
| 55 | driver, passenger, or pedestrian. |
| 56 | Section 4. Subsection (3) of section 316.083, Florida |
| 57 | Statutes, is renumbered as subsection (4), and a new subsection |
| 58 | (3) is added to that section to read: |
| 59 | 316.083 Overtaking and passing a vehicle.-The following |
| 60 | rules shall govern the overtaking and passing of vehicles |
| 61 | proceeding in the same direction, subject to those limitations, |
| 62 | exceptions, and special rules hereinafter stated: |
| 63 | (3)(a) On roads, streets, or highways having two or more |
| 64 | lanes that allow movement in the same direction, a driver may |
| 65 | not continue to operate a motor vehicle in the furthermost left- |
| 66 | hand lane if the driver knows, or reasonably should know, that |
| 67 | he or she is being overtaken in that lane from the rear by a |
| 68 | motor vehicle traveling at a higher rate of speed. |
| 69 | (b) Paragraph (a) does not apply to a driver operating a |
| 70 | motor vehicle in the furthermost left-hand lane if: |
| 71 | 1. The driver is driving the legal speed limit and is not |
| 72 | impeding the flow of traffic in the furthermost left-hand lane; |
| 73 | 2. The driver is in the process of overtaking a slower |
| 74 | motor vehicle in the adjacent right-hand lane for the purpose of |
| 75 | passing the slower moving vehicle so that the driver may move to |
| 76 | the adjacent right-hand lane; |
| 77 | 3. Conditions make the flow of traffic substantially the |
| 78 | same in all lanes or preclude the driver from moving to the |
| 79 | adjacent right-hand lane; |
| 80 | 4. The driver's movement to the adjacent right-hand lane |
| 81 | could endanger the driver or other drivers; |
| 82 | 5. The driver is directed by a law enforcement officer, |
| 83 | road sign, or road crew to remain in the furthermost left-hand |
| 84 | lane; or |
| 85 | 6. The driver is preparing to make a left turn. |
| 86 | (c) A driver who violates s. 316.183 and this subsection |
| 87 | simultaneously shall receive a uniform traffic citation solely |
| 88 | under s. 316.183. |
| 89 | Section 5. Section 316.1923, Florida Statutes, is amended |
| 90 | to read: |
| 91 | 316.1923 Aggressive careless driving.- |
| 92 | (1) "Aggressive careless driving" means committing three |
| 93 | two or more of the following acts simultaneously or in |
| 94 | succession: |
| 95 | (a)(1) Exceeding the posted speed as defined in s. |
| 96 | 322.27(3)(d)5.b. |
| 97 | (b)(2) Unsafely or improperly changing lanes as defined in |
| 98 | s. 316.085. |
| 99 | (c)(3) Following another vehicle too closely as defined in |
| 100 | s. 316.0895(1). |
| 101 | (d)(4) Failing to yield the right-of-way as defined in s. |
| 102 | 316.079, s. 316.0815, or s. 316.123. |
| 103 | (e)(5) Improperly passing or failing to yield to |
| 104 | overtaking vehicles as defined in s. 316.083, s. 316.084, or s. |
| 105 | 316.085. |
| 106 | (f)(6) Violating traffic control and signal devices as |
| 107 | defined in ss. 316.074 and 316.075. |
| 108 | (2) Any person convicted of aggressive careless driving |
| 109 | shall be cited for a moving violation and punished as provided |
| 110 | in chapter 318, and by the accumulation of points as provided in |
| 111 | s. 322.27, for each act of aggressive careless driving. |
| 112 | (3) In addition to any fine or points administered under |
| 113 | subsection (2), a person convicted of aggressive careless |
| 114 | driving shall also pay: |
| 115 | (a) Upon a first violation, a fine of $100. |
| 116 | (b) Upon a second or subsequent conviction, a fine of not |
| 117 | less than $250 but not more than $500 and be subject to a |
| 118 | mandatory hearing under s. 318.19. |
| 119 | (4) The clerk of the court shall remit the moneys |
| 120 | collected from the increased fine imposed by subsection (3) to |
| 121 | the Department of Revenue for deposit into the Department of |
| 122 | Health Administrative Trust Fund. Of the funds deposited into |
| 123 | the Department of Health Administrative Trust Fund, $200,000 in |
| 124 | the 2010-2011 fiscal year and $50,000 in the 2011-2012 and 2012- |
| 125 | 2013 fiscal years shall be transferred to the Department of |
| 126 | Highway Safety and Motor Vehicles and deposited in the Highway |
| 127 | Safety Operating Trust Fund to offset the cost of providing |
| 128 | information about the Highway Safety Act in driver's license |
| 129 | educational materials as required under s. 322.025. All other |
| 130 | funds deposited into the Department of Health Administrative |
| 131 | Trust Fund under this section shall be used to provide financial |
| 132 | support to verified trauma centers to ensure the availability |
| 133 | and accessibility of trauma services throughout the state and |
| 134 | shall be allocated as follows: |
| 135 | (a) Twenty-five percent shall be allocated equally among |
| 136 | all Level I, Level II, and pediatric trauma centers in |
| 137 | recognition of readiness costs for maintaining trauma services. |
| 138 | (b) Twenty-five percent shall be allocated among Level I, |
| 139 | Level II, and pediatric trauma centers based on each center's |
| 140 | relative volume of trauma cases as reported in the Department of |
| 141 | Health Trauma Registry. |
| 142 | (c) Twenty-five percent shall be transferred to the |
| 143 | Emergency Medical Services Trust Fund and used by the department |
| 144 | for making matching grants to emergency medical services |
| 145 | organizations as defined in s. 401.107. |
| 146 | (d) Twenty-five percent shall be transferred to the |
| 147 | Emergency Medical Services Trust Fund and made available to |
| 148 | rural emergency medical services as defined in s. 401.107 and |
| 149 | shall be used solely to improve and expand prehospital emergency |
| 150 | medical services in this state. Additionally, these moneys may |
| 151 | be used for the improvement, expansion, or continuation of |
| 152 | services provided. |
| 153 | Section 6. Subsection (4) of section 318.1451, Florida |
| 154 | Statutes, is amended to read: |
| 155 | 318.1451 Driver improvement schools.- |
| 156 | (4)(a) In addition to a regular course fee, an assessment |
| 157 | fee in the amount of $2.50 shall be collected by the school from |
| 158 | each person who elects to attend a course, as it relates to ss. |
| 159 | 318.14(9), 322.0261, 322.291, and 627.06501, which shall be |
| 160 | remitted to the Department of Highway Safety and Motor Vehicles |
| 161 | and deposited in the Highway Safety Operating Trust Fund to |
| 162 | administer this program and to fund the general operations of |
| 163 | the department. |
| 164 | (b) In addition to a regular course fee, an assessment fee |
| 165 | in the amount of $2.50 shall be collected by the school from |
| 166 | each person who attends a course, as it relates to s. 322.05(3), |
| 167 | which shall be remitted to the Department of Highway Safety and |
| 168 | Motor Vehicles and deposited in the Highway Safety Operating |
| 169 | Trust Fund to fund the provision of information about the |
| 170 | Highway Safety Act in driver's license educational materials as |
| 171 | required under s. 322.025. |
| 172 | Section 7. Section 318.19, Florida Statutes, is amended to |
| 173 | read: |
| 174 | 318.19 Infractions requiring a mandatory hearing.-Any |
| 175 | person cited for the infractions listed in this section shall |
| 176 | not have the provisions of s. 318.14(2), (4), and (9) available |
| 177 | to him or her but must appear before the designated official at |
| 178 | the time and location of the scheduled hearing: |
| 179 | (1) Any infraction which results in a crash that causes |
| 180 | the death of another; |
| 181 | (2) Any infraction which results in a crash that causes |
| 182 | "serious bodily injury" of another as defined in s. 316.1933(1); |
| 183 | (3) Any infraction of s. 316.172(1)(b); |
| 184 | (4) Any infraction of s. 316.520(1) or (2); or |
| 185 | (5) Any infraction of s. 316.183(2), s. 316.187, or s. |
| 186 | 316.189 of exceeding the speed limit by 30 m.p.h. or more; or |
| 187 | (6) A second or subsequent infraction of s. 316.1923(1). |
| 188 | Section 8. Section 322.025, Florida Statutes, is amended |
| 189 | to read: |
| 190 | 322.025 Driver improvement.-The department may implement |
| 191 | programs to improve the driving ability of the drivers of this |
| 192 | state. Such programs may include, but shall not be limited to, |
| 193 | safety awareness campaigns, driver training, and licensing |
| 194 | improvement. Motorcycle driver improvement programs implemented |
| 195 | pursuant to this section or s. 322.0255 may be funded by the |
| 196 | motorcycle safety education fee collected pursuant to s. |
| 197 | 320.08(1)(c), which shall be deposited in the Highway Safety |
| 198 | Operating Trust Fund. The department shall provide information |
| 199 | about the Highway Safety Act in all newly printed driver's |
| 200 | license educational materials after October 1, 2010. |
| 201 | Section 9. Subsection (3) of section 322.05, Florida |
| 202 | Statutes, is amended to read: |
| 203 | 322.05 Persons not to be licensed.-The department may not |
| 204 | issue a license: |
| 205 | (3) To a person who is at least 16 years of age but who |
| 206 | has not attained 19 is under 18 years of age, unless: |
| 207 | (a) The person provides proof of successfully completing a |
| 208 | basic driver improvement course that meets the requirements of |
| 209 | s. 318.1451 within 3 months before the date the person applied |
| 210 | for licensure; and |
| 211 | (b) The parent, guardian, or other responsible adult |
| 212 | meeting the requirements of s. 322.09 certifies that he or she, |
| 213 | or another licensed driver 21 years of age or older, has |
| 214 | accompanied the applicant for a total of not less than 50 hours' |
| 215 | behind-the-wheel experience, of which not less than 10 hours |
| 216 | must be at night. This paragraph subsection is not intended to |
| 217 | create a private cause of action as a result of the |
| 218 | certification. The certification is inadmissible for any purpose |
| 219 | in any civil proceeding. |
| 220 |
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| 221 | Paragraph (a) does not apply to a person who has been licensed |
| 222 | in any other jurisdiction or who has satisfactorily completed a |
| 223 | Department of Education driver education course offered pursuant |
| 224 | to s. 1003.48. |
| 225 | Section 10. For the purpose of incorporating the |
| 226 | amendments made by this act to section 316.1923, Florida |
| 227 | Statutes, in a reference thereto, paragraph (a) of subsection |
| 228 | (1) of section 316.650, Florida Statutes, is reenacted to read: |
| 229 | 316.650 Traffic citations.- |
| 230 | (1)(a) The department shall prepare and supply to every |
| 231 | traffic enforcement agency in this state an appropriate form |
| 232 | traffic citation that contains a notice to appear, is issued in |
| 233 | prenumbered books, meets the requirements of this chapter or any |
| 234 | laws of this state regulating traffic, and is consistent with |
| 235 | the state traffic court rules and the procedures established by |
| 236 | the department. The form shall include a box that is to be |
| 237 | checked by the law enforcement officer when the officer believes |
| 238 | that the traffic violation or crash was due to aggressive |
| 239 | careless driving as defined in s. 316.1923. The form shall also |
| 240 | include a box that is to be checked by the law enforcement |
| 241 | officer when the officer writes a uniform traffic citation for a |
| 242 | violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of |
| 243 | the driver failing to stop at a traffic signal. |
| 244 | Section 11. This act shall take effect July 1, 2010. |