Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1150, 2nd Eng.
                                Barcode 672898                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Bennett moved the following:
    1         Senate Amendment to House Amendment (376895) (with title
    2  amendment)
    4         Between lines 3379 and 3380
    5  insert:
    6         Section 125. Sections 125 through 134 of this act may be
    7  cited as the “Highway Safety Act.”
    8         Section 126. The Legislature finds that road rage and
    9  aggressive careless driving are a growing threat to the health,
   10  safety, and welfare of the public. The intent of the Legislature
   11  is to reduce road rage and aggressive careless driving, reduce
   12  the incidence of drivers’ interfering with the movement of
   13  traffic, minimize crashes, and promote the orderly, free flow of
   14  traffic on the roads and highways of the state.
   15         Section 127. Subsection (89) is added to section 316.003,
   16  Florida Statutes, to read:
   17         316.003 Definitions.—The following words and phrases, when
   18  used in this chapter, shall have the meanings respectively
   19  ascribed to them in this section, except where the context
   20  otherwise requires:
   21         (89) ROAD RAGE.—The act of a driver or passenger to
   22  intentionally or unintentionally, due to a loss of emotional
   23  control, injure or kill another driver, passenger, or
   24  pedestrian, or to attempt or threaten to injure or kill another
   25  driver, passenger, or pedestrian.
   26         Section 128. Present subsection (3) of section 316.083,
   27  Florida Statutes, is redesignated as subsection (4), and a new
   28  subsection (3) is added to that section, to read:
   29         316.083 Overtaking and passing a vehicle.—The following
   30  rules shall govern the overtaking and passing of vehicles
   31  proceeding in the same direction, subject to those limitations,
   32  exceptions, and special rules hereinafter stated:
   33         (3)(a) On roads, streets, or highways having two or more
   34  lanes that allow movement in the same direction, a driver may
   35  not continue to operate a motor vehicle in the furthermost left
   36  hand lane if the driver knows, or reasonably should know, that
   37  he or she is being overtaken in that lane from the rear by a
   38  motor vehicle traveling at a higher rate of speed.
   39         (b) Paragraph (a) does not apply to a driver operating a
   40  motor vehicle in the furthermost left-hand lane if:
   41         1. The driver is driving the legal speed limit and is not
   42  impeding the flow of traffic in the furthermost left-hand lane;
   43         2. The driver is in the process of overtaking a slower
   44  motor vehicle in the adjacent right-hand lane for the purpose of
   45  passing the slower moving vehicle so that the driver may move to
   46  the adjacent right-hand lane;
   47         3. Conditions make the flow of traffic substantially the
   48  same in all lanes or preclude the driver from moving to the
   49  adjacent right-hand lane;
   50         4. The driver’s movement to the adjacent right-hand lane
   51  could endanger the driver or other drivers;
   52         5. The driver is directed by a law enforcement officer,
   53  road sign, or road crew to remain in the furthermost left-hand
   54  lane; or
   55         6. The driver is preparing to make a left turn.
   56         (c)A driver who violates s. 316.183 and this subsection
   57  simultaneously shall receive a uniform traffic citation solely
   58  under s. 316.183.
   59         Section 129. Section 316.1923, Florida Statutes, is amended
   60  to read:
   61         316.1923 Aggressive careless driving.—
   62         (1) “Aggressive careless driving” means committing three
   63  two or more of the following acts simultaneously or in
   64  succession:
   65         (a)(1) Exceeding the posted speed as defined in s.
   66  322.27(3)(d)5.b.
   67         (b)(2) Unsafely or improperly changing lanes as defined in
   68  s. 316.085.
   69         (c)(3) Following another vehicle too closely as defined in
   70  s. 316.0895(1).
   71         (d)(4) Failing to yield the right-of-way as defined in s.
   72  316.079, s. 316.0815, or s. 316.123.
   73         (e)(5) Improperly passing or failing to yield to overtaking
   74  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
   75         (f)(6) Violating traffic control and signal devices as
   76  defined in ss. 316.074 and 316.075.
   77         (2) Any person convicted of aggressive careless driving
   78  shall be cited for a moving violation and punished as provided
   79  in chapter 318, and by the accumulation of points as provided in
   80  s. 322.27, for each act of aggressive careless driving.
   81         Section 130. Section 318.121, Florida Statutes, is amended
   82  to read
   83         318.121 Preemption of additional fees, fines, surcharges,
   84  and costs.—Notwithstanding any general or special law, or
   85  municipal or county ordinance, additional fees, fines,
   86  surcharges, or costs other than the additional fees, fines,
   87  court costs, and surcharges assessed under s. 318.18(11), (13),
   88  (18), and (19), and (22) may not be added to the civil traffic
   89  penalties assessed in this chapter.
   90         Section 131. Subsection (22) is added to section 318.18,
   91  Florida Statutes, to read:
   92         318.18 Amount of penalties.—The penalties required for a
   93  noncriminal disposition pursuant to s. 318.14 or a criminal
   94  offense listed in s. 318.17 are as follows:
   95         (22)(a)In addition to any penalties or points imposed
   96  under s. 316.1923, a person convicted of aggressive careless
   97  driving shall also pay:
   98         1. Upon a first violation, a fine of $100.
   99         2. Upon a second or subsequent conviction, a fine of not
  100  less than $250 but not more than $500 and be subject to a
  101  mandatory hearing under s. 318.19.
  102         (b) The clerk of the court shall remit the moneys collected
  103  from the increased fine imposed by this subsection to the
  104  Department of Revenue for deposit into the Department of Health
  105  Administrative Trust Fund. Of the funds deposited into the
  106  Department of Health Administrative Trust Fund, $200,000 in the
  107  first year after October 1, 2011, and $50,000 in the second and
  108  third years, shall be transferred into the Highway Safety
  109  Operating Trust Fund to offset the cost of providing educational
  110  materials related to this act. Funds deposited into the
  111  Department of Health Administrative Trust Fund under this
  112  subsection shall be allocated as follows:
  113         1. Twenty-five percent shall be allocated equally among all
  114  Level I, Level II, and pediatric trauma centers in recognition
  115  of readiness costs for maintaining trauma services.
  116         2. Twenty-five percent shall be allocated among Level I,
  117  Level II, and pediatric trauma centers based on each center’s
  118  relative volume of trauma cases as reported in the Department of
  119  Health Trauma Registry.
  120         3. Twenty-five percent shall be transferred to the
  121  Emergency Medical Services Trust Fund and used by the department
  122  for making matching grants to emergency medical services
  123  organizations as defined in s. 401.107.
  124         4. Twenty-five percent shall be transferred to the
  125  Emergency Medical Services Trust Fund and made available to
  126  rural emergency medical services as defined in s. 401.107, and
  127  shall be used solely to improve and expand prehospital emergency
  128  medical services in this state. Additionally, these moneys may
  129  be used for the improvement, expansion, or continuation of
  130  services provided.
  131         Section 132. Section 318.19, Florida Statutes, is amended
  132  to read:
  133         318.19 Infractions requiring a mandatory hearing.—Any
  134  person cited for the infractions listed in this section shall
  135  not have the provisions of s. 318.14(2), (4), and (9) available
  136  to him or her but must appear before the designated official at
  137  the time and location of the scheduled hearing:
  138         (1) Any infraction which results in a crash that causes the
  139  death of another;
  140         (2) Any infraction which results in a crash that causes
  141  “serious bodily injury” of another as defined in s. 316.1933(1);
  142         (3) Any infraction of s. 316.172(1)(b);
  143         (4) Any infraction of s. 316.520(1) or (2); or
  144         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  145  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  146         (6) A second or subsequent infraction of s. 316.1923(1).
  147         Section 133. The Department of Highway Safety and Motor
  148  Vehicles shall provide information about the Highway Safety Act
  149  in all driver’s license educational materials newly printed on
  150  or after October 1, 2011.
  151         Section 134. For the purpose of incorporating the
  152  amendments made by this act to section 316.1923, Florida
  153  Statutes, in a reference thereto, paragraph (a) of subsection
  154  (1) of section 316.650, Florida Statutes, is reenacted to read:
  155         316.650 Traffic citations.—
  156  (1)(a) The department shall prepare and supply to every traffic
  157  enforcement agency in this state an appropriate form traffic
  158  citation that contains a notice to appear, is issued in
  159  prenumbered books, meets the requirements of this chapter or any
  160  laws of this state regulating traffic, and is consistent with
  161  the state traffic court rules and the procedures established by
  162  the department. The form shall include a box that is to be
  163  checked by the law enforcement officer when the officer believes
  164  that the traffic violation or crash was due to aggressive
  165  careless driving as defined in s. 316.1923. The form shall also
  166  include a box that is to be checked by the law enforcement
  167  officer when the officer writes a uniform traffic citation for a
  168  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  169  the driver failing to stop at a traffic signal.
  171  ================= T I T L E  A M E N D M E N T ================
  172         And the title is amended as follows:
  173         Delete line 3694
  174  and insert:
  175         may not be used to issue certain violations; creating
  176         the “Highway Safety Act”; providing legislative intent
  177         relating to road rage and aggressive careless driving;
  178         amending s. 316.003, F.S.; defining the term “road
  179         rage”; amending s. 316.083, F.S.; requiring an
  180         operator of a motor vehicle to yield the left lane
  181         when being overtaken on a multilane highway; providing
  182         exceptions; amending s. 316.1923, F.S.; revising the
  183         number of specified acts necessary to qualify as an
  184         aggressive careless driver; providing specified
  185         punishments for aggressive careless driving, including
  186         imposition of an increased fine; amending s. 318.121,
  187         F.S.; revising the preemption of additional fees,
  188         fines, surcharges, and court costs to allow imposition
  189         of the increased fine for aggressive careless driving;
  190         amending s. 318.18, F.S.; specifying the amount of the
  191         fine and the allocation of moneys received from the
  192         increased fine imposed for aggressive careless
  193         driving; amending s. 318.19, F.S.; providing that a
  194         second or subsequent infraction as an aggressive
  195         careless driver requires attendance at a mandatory
  196         hearing; requiring the Department of Highway Safety
  197         and Motor Vehicles to provide information about the
  198         Highway Safety Act in driver’s license educational
  199         materials; reenacting s. 316.650(1)(a), F.S., relating
  200         to traffic citations, to incorporate the amendments
  201         made to s. 316.1923, F.S., in a reference thereto;
  202         providing effective