CS/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.
14318.1451, F.S.; requiring driver improvement schools to
15collect a fee from certain persons taking a basic driver
16improvement course; providing for such fees to be used to
17provide educational materials relating to this act;
18amending s. 318.19, F.S.; providing that a second or
19subsequent infraction as an aggressive careless driver
20requires attendance at a mandatory hearing; providing for
21the disposition of the increased penalties; amending s.
22322.025, F.S.; requiring the Department of Highway Safety
23and Motor Vehicles to provide information about the
24Highway Safety Act in driver's license educational
25materials; amending s. 322.05, F.S.; requiring a person
26who is at least 16 but less than 19 years of age to
27complete a basic driver improvement course and complete 50
28hours of behind-the-wheel experience before being issued a
29driver's license; reenacting s. 316.650(1)(a), F.S.,
30relating to traffic citations, to incorporate the
31amendments made to s. 316.1923, F.S., in a reference
32thereto; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  This act may be cited as the "Highway Safety
37Act."
38     Section 2.  The Legislature finds that road rage and
39aggressive careless driving are a growing threat to the health,
40safety, and welfare of the public. The intent of the Legislature
41is to reduce road rage and aggressive careless driving, reduce
42the incidence of drivers' interfering with the movement of
43traffic, minimize crashes, and promote the orderly, free flow of
44traffic on the roads and highways of the state.
45     Section 3.  Subsection (86) is added to section 316.003,
46Florida Statutes, to read:
47     316.003  Definitions.-The following words and phrases, when
48used in this chapter, shall have the meanings respectively
49ascribed to them in this section, except where the context
50otherwise requires:
51     (86)  ROAD RAGE.-The act of a driver or passenger to
52intentionally or unintentionally, due to a loss of emotional
53control, injure or kill another driver, passenger, or
54pedestrian, or to attempt or threaten to injure or kill another
55driver, passenger, or pedestrian.
56     Section 4.  Subsection (3) of section 316.083, Florida
57Statutes, 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
60rules shall govern the overtaking and passing of vehicles
61proceeding in the same direction, subject to those limitations,
62exceptions, and special rules hereinafter stated:
63     (3)(a)  On roads, streets, or highways having two or more
64lanes that allow movement in the same direction, a driver may
65not continue to operate a motor vehicle in the furthermost left-
66hand lane if the driver knows, or reasonably should know, that
67he or she is being overtaken in that lane from the rear by a
68motor vehicle traveling at a higher rate of speed.
69     (b)  Paragraph (a) does not apply to a driver operating a
70motor vehicle in the furthermost left-hand lane if:
71     1.  The driver is driving the legal speed limit and is not
72impeding the flow of traffic in the furthermost left-hand lane;
73     2.  The driver is in the process of overtaking a slower
74motor vehicle in the adjacent right-hand lane for the purpose of
75passing the slower moving vehicle so that the driver may move to
76the adjacent right-hand lane;
77     3.  Conditions make the flow of traffic substantially the
78same in all lanes or preclude the driver from moving to the
79adjacent right-hand lane;
80     4.  The driver's movement to the adjacent right-hand lane
81could endanger the driver or other drivers;
82     5.  The driver is directed by a law enforcement officer,
83road sign, or road crew to remain in the furthermost left-hand
84lane; or
85     6.  The driver is preparing to make a left turn.
86     (c)  A driver who violates s. 316.183 and this subsection
87simultaneously shall receive a uniform traffic citation solely
88under s. 316.183.
89     Section 5.  Section 316.1923, Florida Statutes, is amended
90to read:
91     316.1923  Aggressive careless driving.-
92     (1)  "Aggressive careless driving" means committing three
93two or more of the following acts simultaneously or in
94succession:
95     (a)(1)  Exceeding the posted speed as defined in s.
96322.27(3)(d)5.b.
97     (b)(2)  Unsafely or improperly changing lanes as defined in
98s. 316.085.
99     (c)(3)  Following another vehicle too closely as defined in
100s. 316.0895(1).
101     (d)(4)  Failing to yield the right-of-way as defined in s.
102316.079, s. 316.0815, or s. 316.123.
103     (e)(5)  Improperly passing or failing to yield to
104overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
105316.085.
106     (f)(6)  Violating traffic control and signal devices as
107defined in ss. 316.074 and 316.075.
108     (2)  Any person convicted of aggressive careless driving
109shall be cited for a moving violation and punished as provided
110in chapter 318, and by the accumulation of points as provided in
111s. 322.27, for each act of aggressive careless driving.
112     (3)  In addition to any fine or points administered under
113subsection (2), a person convicted of aggressive careless
114driving 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
117less than $250 but not more than $500 and be subject to a
118mandatory hearing under s. 318.19.
119     (4)  The clerk of the court shall remit the moneys
120collected from the increased fine imposed by subsection (3) to
121the Department of Revenue for deposit into the Department of
122Health Administrative Trust Fund. Of the funds deposited into
123the Department of Health Administrative Trust Fund, $200,000 in
124the 2010-2011 fiscal year and $50,000 in the 2011-2012 and 2012-
1252013 fiscal years shall be transferred to the Department of
126Highway Safety and Motor Vehicles and deposited in the Highway
127Safety Operating Trust Fund to offset the cost of providing
128information about the Highway Safety Act in driver's license
129educational materials as required under s. 322.025. All other
130funds deposited into the Department of Health Administrative
131Trust Fund under this section shall be used to provide financial
132support to verified trauma centers to ensure the availability
133and accessibility of trauma services throughout the state and
134shall be allocated as follows:
135     (a)  Twenty-five percent shall be allocated equally among
136all Level I, Level II, and pediatric trauma centers in
137recognition of readiness costs for maintaining trauma services.
138     (b)  Twenty-five percent shall be allocated among Level I,
139Level II, and pediatric trauma centers based on each center's
140relative volume of trauma cases as reported in the Department of
141Health Trauma Registry.
142     (c)  Twenty-five percent shall be transferred to the
143Emergency Medical Services Trust Fund and used by the department
144for making matching grants to emergency medical services
145organizations as defined in s. 401.107.
146     (d)  Twenty-five percent shall be transferred to the
147Emergency Medical Services Trust Fund and made available to
148rural emergency medical services as defined in s. 401.107 and
149shall be used solely to improve and expand prehospital emergency
150medical services in this state. Additionally, these moneys may
151be used for the improvement, expansion, or continuation of
152services provided.
153     Section 6.  Subsection (4) of section 318.1451, Florida
154Statutes, is amended to read:
155     318.1451  Driver improvement schools.-
156     (4)(a)  In addition to a regular course fee, an assessment
157fee in the amount of $2.50 shall be collected by the school from
158each person who elects to attend a course, as it relates to ss.
159318.14(9), 322.0261, 322.291, and 627.06501, which shall be
160remitted to the Department of Highway Safety and Motor Vehicles
161and deposited in the Highway Safety Operating Trust Fund to
162administer this program and to fund the general operations of
163the department.
164     (b)  In addition to a regular course fee, an assessment fee
165in the amount of $2.50 shall be collected by the school from
166each person who attends a course, as it relates to s. 322.05(3),
167which shall be remitted to the Department of Highway Safety and
168Motor Vehicles and deposited in the Highway Safety Operating
169Trust Fund to fund the provision of information about the
170Highway Safety Act in driver's license educational materials as
171required under s. 322.025.
172     Section 7.  Section 318.19, Florida Statutes, is amended to
173read:
174     318.19  Infractions requiring a mandatory hearing.-Any
175person cited for the infractions listed in this section shall
176not have the provisions of s. 318.14(2), (4), and (9) available
177to him or her but must appear before the designated official at
178the time and location of the scheduled hearing:
179     (1)  Any infraction which results in a crash that causes
180the 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.
186316.189 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
189to read:
190     322.025  Driver improvement.-The department may implement
191programs to improve the driving ability of the drivers of this
192state. Such programs may include, but shall not be limited to,
193safety awareness campaigns, driver training, and licensing
194improvement. Motorcycle driver improvement programs implemented
195pursuant to this section or s. 322.0255 may be funded by the
196motorcycle safety education fee collected pursuant to s.
197320.08(1)(c), which shall be deposited in the Highway Safety
198Operating Trust Fund. The department shall provide information
199about the Highway Safety Act in all newly printed driver's
200license educational materials after October 1, 2010.
201     Section 9.  Subsection (3) of section 322.05, Florida
202Statutes, is amended to read:
203     322.05  Persons not to be licensed.-The department may not
204issue a license:
205     (3)  To a person who is at least 16 years of age but who
206has not attained 19 is under 18 years of age, unless:
207     (a)  The person provides proof of successfully completing a
208basic driver improvement course that meets the requirements of
209s. 318.1451 within 3 months before the date the person applied
210for licensure; and
211     (b)  The parent, guardian, or other responsible adult
212meeting the requirements of s. 322.09 certifies that he or she,
213or another licensed driver 21 years of age or older, has
214accompanied the applicant for a total of not less than 50 hours'
215behind-the-wheel experience, of which not less than 10 hours
216must be at night. This paragraph subsection is not intended to
217create a private cause of action as a result of the
218certification. The certification is inadmissible for any purpose
219in any civil proceeding.
220
221Paragraph (a) does not apply to a person who has been licensed
222in any other jurisdiction or who has satisfactorily completed a
223Department of Education driver education course offered pursuant
224to s. 1003.48.
225     Section 10.  For the purpose of incorporating the
226amendments made by this act to section 316.1923, Florida
227Statutes, 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
231traffic enforcement agency in this state an appropriate form
232traffic citation that contains a notice to appear, is issued in
233prenumbered books, meets the requirements of this chapter or any
234laws of this state regulating traffic, and is consistent with
235the state traffic court rules and the procedures established by
236the department. The form shall include a box that is to be
237checked by the law enforcement officer when the officer believes
238that the traffic violation or crash was due to aggressive
239careless driving as defined in s. 316.1923. The form shall also
240include a box that is to be checked by the law enforcement
241officer when the officer writes a uniform traffic citation for a
242violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
243the driver failing to stop at a traffic signal.
244     Section 11.  This act shall take effect July 1, 2010.


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