Bill No. CS/CS/SB 1150
Amendment No. 764997
Senate House

1Representative Clemens offered the following:
3     Amendment to Amendment (162081) (with title amendment)
4     Between lines 3274 and 3275, insert:
5     Section 124.  (1)  This section may be cited as the
6"Highway Safety Act."
7     (2)  The Legislature finds that road rage and aggressive
8careless driving are a growing threat to the health, safety, and
9welfare of the public. The intent of the Legislature is to
10reduce road rage and aggressive careless driving, reduce the
11incidence of drivers' interfering with the movement of traffic,
12minimize crashes, and promote the orderly, free flow of traffic
13on the roads and highways of the state.
14     Section 125.  Subsection (89) is added to section 316.003,
15Florida Statutes, to read:
16     316.003  Definitions.-The following words and phrases, when
17used in this chapter, shall have the meanings respectively
18ascribed to them in this section, except where the context
19otherwise requires:
20     (89)  ROAD RAGE.-The act of a driver or passenger to
21intentionally or unintentionally, due to a loss of emotional
22control, injure or kill another driver, passenger, or
23pedestrian, or to attempt or threaten to injure or kill another
24driver, passenger, or pedestrian.
25     Section 126.  Present subsection (3) of section 316.083,
26Florida Statutes, is redesignated as subsection (4), and a new
27subsection (3) is added to that section, to read:
28     316.083  Overtaking and passing a vehicle.-The following
29rules shall govern the overtaking and passing of vehicles
30proceeding in the same direction, subject to those limitations,
31exceptions, and special rules hereinafter stated:
32     (3)(a)  On roads, streets, or highways having two or more
33lanes that allow movement in the same direction, a driver may
34not continue to operate a motor vehicle in the furthermost left-
35hand lane if the driver knows, or reasonably should know, that
36he or she is being overtaken in that lane from the rear by a
37motor vehicle traveling at a higher rate of speed.
38     (b)  Paragraph (a) does not apply to a driver operating a
39motor vehicle in the furthermost left-hand lane if:
40     1.  The driver is driving the legal speed limit and is not
41impeding the flow of traffic in the furthermost left-hand lane;
42     2.  The driver is in the process of overtaking a slower
43motor vehicle in the adjacent right-hand lane for the purpose of
44passing the slower moving vehicle so that the driver may move to
45the adjacent right-hand lane;
46     3.  Conditions make the flow of traffic substantially the
47same in all lanes or preclude the driver from moving to the
48adjacent right-hand lane;
49     4.  The driver's movement to the adjacent right-hand lane
50could endanger the driver or other drivers;
51     5.  The driver is directed by a law enforcement officer,
52road sign, or road crew to remain in the furthermost left-hand
53lane; or
54     6.  The driver is preparing to make a left turn.
55     (c)  A driver who violates s. 316.183 and this subsection
56simultaneously shall receive a uniform traffic citation solely
57under s. 316.183.
58     Section 127.  Section 316.1923, Florida Statutes, is
59amended to read:
60     316.1923  Aggressive careless driving.-
61     (1)  "Aggressive careless driving" means committing three
62two or more of the following acts simultaneously or in
64     (a)(1)  Exceeding the posted speed as defined in s.
66     (b)(2)  Unsafely or improperly changing lanes as defined in
67s. 316.085.
68     (c)(3)  Following another vehicle too closely as defined in
69s. 316.0895(1).
70     (d)(4)  Failing to yield the right-of-way as defined in s.
71316.079, s. 316.0815, or s. 316.123.
72     (e)(5)  Improperly passing or failing to yield to
73overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
75     (f)(6)  Violating traffic control and signal devices as
76defined in ss. 316.074 and 316.075.
77     (2)  Any person convicted of aggressive careless driving
78shall be cited for a moving violation and punished as provided
79in chapter 318, and by the accumulation of points as provided in
80s. 322.27, for each act of aggressive careless driving.
81     (3)  In addition to any fine or points administered under
82subsection (2), a person convicted of aggressive careless
83driving shall also pay:
84     (a)  Upon a first violation, a fine of $100.
85     (b)  Upon a second or subsequent conviction, a fine of not
86less than $250 but not more than $500 and be subject to a
87mandatory hearing under s. 318.19.
88     (4)  Of the moneys received from the increased fine imposed
89by subsection (3), $200,000 in the first year after this act
90takes effect and $50,000 in the second and third years shall be
91remitted to the Department of Highway Safety and Motor Vehicles
92to offset the cost of providing educational materials related to
93this act. Any additional moneys shall be remitted to the
94Department of Revenue and deposited into the Department of
95Health Administrative Trust Fund to provide financial support to
96verified trauma centers to ensure the availability and
97accessibility of trauma services throughout the state. Funds
98deposited into the Administrative Trust Fund under this
99subsection shall be allocated as follows:
100     (a)  Twenty-five percent shall be allocated equally among
101all Level I, Level II, and pediatric trauma centers in
102recognition of readiness costs for maintaining trauma services.
103     (b)  Twenty-five percent shall be allocated among Level I,
104Level II, and pediatric trauma centers based on each center's
105relative volume of trauma cases as reported in the Department of
106Health Trauma Registry.
107     (c)  Twenty-five percent shall be transferred to the
108Emergency Medical Services Trust Fund and used by the department
109for making matching grants to emergency medical services
110organizations as defined in s. 401.107.
111     (d)  Twenty-five percent shall be transferred to the
112Emergency Medical Services Trust Fund and made available to
113rural emergency medical services as defined in s. 401.107, and
114shall be used solely to improve and expand prehospital emergency
115medical services in this state. Additionally, these moneys may
116be used for the improvement, expansion, or continuation of
117services provided.
118     Section 128.  Section 318.19, Florida Statutes, is amended
119to read:
120     318.19  Infractions requiring a mandatory hearing.-Any
121person cited for the infractions listed in this section shall
122not have the provisions of s. 318.14(2), (4), and (9) available
123to him or her but must appear before the designated official at
124the time and location of the scheduled hearing:
125     (1)  Any infraction which results in a crash that causes
126the death of another;
127     (2)  Any infraction which results in a crash that causes
128"serious bodily injury" of another as defined in s. 316.1933(1);
129     (3)  Any infraction of s. 316.172(1)(b);
130     (4)  Any infraction of s. 316.520(1) or (2); or
131     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.
132316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
133     (6)  A second or subsequent infraction of s. 316.1923(1).
134     Section 129.  The Department of Highway Safety and Motor
135Vehicles shall provide information about the Highway Safety Act
136in all driver's license educational materials newly printed on
137or after October 1, 2011.
138     Section 130.  For the purpose of incorporating the
139amendments made by this act to section 316.1923, Florida
140Statutes, in a reference thereto, paragraph (a) of subsection
141(1) of section 316.650, Florida Statutes, is reenacted to read:
142     316.650  Traffic citations.-
143     (1)(a)  The department shall prepare and supply to every
144traffic enforcement agency in this state an appropriate form
145traffic citation that contains a notice to appear, is issued in
146prenumbered books, meets the requirements of this chapter or any
147laws of this state regulating traffic, and is consistent with
148the state traffic court rules and the procedures established by
149the department. The form shall include a box that is to be
150checked by the law enforcement officer when the officer believes
151that the traffic violation or crash was due to aggressive
152careless driving as defined in s. 316.1923. The form shall also
153include a box that is to be checked by the law enforcement
154officer when the officer writes a uniform traffic citation for a
155violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
156the driver failing to stop at a traffic signal.
T I T L E  A M E N D M E N T
162     Remove line 3574 and insert:
163system and to make a report to the Legislature; creating the
164"Highway Safety Act"; providing legislative intent relating to
165road rage and aggressive careless driving; amending s. 316.003,
166F.S.; defining the term "road rage"; amending s. 316.083, F.S.;
167requiring an operator of a motor vehicle to yield the left lane
168when being overtaken on a multilane highway; providing
169exceptions; amending s. 316.1923, F.S.; revising the number of
170specified acts necessary to qualify as an aggressive careless
171driver; providing specified punishments for aggressive careless
172driving; specifying the allocation of moneys received from the
173increased fine imposed for aggressive careless driving; amending
174s. 318.19, F.S.; providing that a second or subsequent
175infraction as an aggressive careless driver requires attendance
176at a mandatory hearing; requiring the Department of Highway
177Safety and Motor Vehicles to provide information about the
178Highway Safety Act in driver's license educational materials;
179reenacting s. 316.650(1)(a), F.S., relating to traffic
180citations, to incorporate the amendments made to s. 316.1923,
181F.S., in a reference thereto; providing

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