Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 1122
Barcode 495224
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/28/2012 .
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The Committee on Budget (Bennett) recommended the following:
1 Senate Amendment to Amendment (562340) (with title
2 amendment)
3
4 Delete lines 13 - 28
5 and insert:
6 Section 2. Subsection (21) of section 316.003, Florida
7 Statutes, is amended, and subsections (89) and (90) are added to
8 that section, to read:
9 316.003 Definitions.—The following words and phrases, when
10 used in this chapter, shall have the meanings respectively
11 ascribed to them in this section, except where the context
12 otherwise requires:
13 (21) MOTOR VEHICLE.—A Any self-propelled vehicle not
14 operated upon rails or guideway, but not including any bicycle,
15 motorized scooter, electric personal assistive mobility device,
16 swamp buggy, or moped.
17 (89) SWAMP BUGGY.—A motorized off-road vehicle that is
18 designed or modified to travel over swampy or varied terrain and
19 that may use large tires or tracks operated from an elevated
20 platform. The term does not include any vehicle defined in
21 chapter 261 or otherwise defined or classified in this chapter.
22 (90) ROAD RAGE.—The act of a driver or passenger to
23 intentionally or unintentionally, due to a loss of emotional
24 control, injure or kill another driver, passenger, bicyclist, or
25 pedestrian, or to attempt or threaten to injure or kill another
26 driver, passenger, bicyclist, or pedestrian.
27
28 Delete lines 590 - 600
29 and insert:
30 Section 19. Paragraph (f) of subsection (3) of section
31 318.18, Florida Statutes, is amended, and subsection (22) is
32 added to that section, to read:
33 318.18 Amount of penalties.—The penalties required for a
34 noncriminal disposition pursuant to s. 318.14 or a criminal
35 offense listed in s. 318.17 are as follows:
36 (3)
37 (f) If a violation of s. 316.1301 or s. 316.1303(1) s.
38 316.1303 results in an injury to the pedestrian or damage to the
39 property of the pedestrian, an additional fine of up to $250
40 shall be paid. This amount must be distributed pursuant to s.
41 318.21.
42 (22)(a) In addition to any penalties or points imposed
43 under s. 316.1923, a person convicted of aggressive careless
44 driving shall also pay:
45 1. Upon a first violation, a fine of $100.
46 2. Upon a second or subsequent conviction, a fine of not
47 less than $250 but not more than $500 and be subject to a
48 mandatory hearing under s. 318.19.
49 (b) The clerk of the court shall remit the moneys collected
50 from the increased fine imposed by this subsection to the
51 Department of Revenue for deposit into the Emergency Medical
52 Services Trust Fund. Of the funds deposited into the Emergency
53 Medical Services Trust Fund, $200,000 in the first year after
54 October 1, 2012, and $50,000 in the second and third years,
55 shall be transferred into the Highway Safety Operating Trust
56 Fund to offset the cost of providing educational materials
57 related to this act. Funds deposited into the Emergency Medical
58 Services Trust Fund under this subsection shall be allocated as
59 follows:
60 1. Twenty-five percent shall be allocated equally among all
61 Level I, Level II, and pediatric trauma centers in recognition
62 of readiness costs for maintaining trauma services.
63 2. Twenty-five percent shall be allocated among Level I,
64 Level II, and pediatric trauma centers based on each center’s
65 relative volume of trauma cases as reported in the Department of
66 Health Trauma Registry.
67 3. Twenty-five percent shall be used by the department for
68 making matching grants to emergency medical services
69 organizations as defined in s. 401.107.
70 4. Twenty-five percent shall be made available to rural
71 emergency medical services as defined in s. 401.107, and shall
72 be used solely to improve and expand prehospital emergency
73 medical services in this state. Additionally, these moneys may
74 be used for the improvement, expansion, or continuation of
75 services provided.
76
77 Between lines 2453 and 2454
78 insert:
79 Section 74. Present subsection (3) of section 316.083,
80 Florida Statutes, is redesignated as subsection (4), and a new
81 subsection (3) is added to that section, to read:
82 316.083 Overtaking and passing a vehicle.—The following
83 rules shall govern the overtaking and passing of vehicles
84 proceeding in the same direction, subject to those limitations,
85 exceptions, and special rules hereinafter stated:
86 (3)(a) On roads, streets, or highways having two or more
87 lanes that allow movement in the same direction, a driver may
88 not continue to operate a motor vehicle in the furthermost left
89 hand lane if the driver knows, or reasonably should know, that
90 he or she is being overtaken in that lane from the rear by a
91 motor vehicle traveling at a higher rate of speed.
92 (b) Paragraph (a) does not apply to a driver operating a
93 motor vehicle in the furthermost left-hand lane if:
94 1. The driver is driving the legal speed limit and is not
95 impeding the flow of traffic in the furthermost left-hand lane;
96 2. The driver is in the process of overtaking a slower
97 motor vehicle in the adjacent right-hand lane for the purpose of
98 passing the slower moving vehicle so that the driver may move to
99 the adjacent right-hand lane;
100 3. Conditions make the flow of traffic substantially the
101 same in all lanes or preclude the driver from moving to the
102 adjacent right-hand lane;
103 4. The driver’s movement to the adjacent right-hand lane
104 could endanger the driver or other drivers;
105 5. The driver is directed by a law enforcement officer,
106 road sign, or road crew to remain in the furthermost left-hand
107 lane; or
108 6. The driver is preparing to make a left turn.
109 (c) A driver who violates s. 316.183 and this subsection
110 simultaneously shall receive a uniform traffic citation solely
111 under s. 316.183.
112 Section 75. Section 316.1923, Florida Statutes, is amended
113 to read:
114 316.1923 Aggressive careless driving.—
115 (1) “Aggressive careless driving” means committing three
116 two or more of the following acts simultaneously or in
117 succession:
118 (a)(1) Exceeding the posted speed as defined in s.
119 322.27(3)(d)5.b.
120 (b)(2) Unsafely or improperly changing lanes as defined in
121 s. 316.085.
122 (c)(3) Following another vehicle too closely as defined in
123 s. 316.0895(1).
124 (d)(4) Failing to yield the right-of-way as defined in s.
125 316.079, s. 316.0815, or s. 316.123.
126 (e)(5) Improperly passing or failing to yield to overtaking
127 vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
128 (f)(6) Violating traffic control and signal devices as
129 defined in ss. 316.074 and 316.075.
130 (2) Any person convicted of aggressive careless driving
131 shall be cited for a moving violation and punished as provided
132 in chapter 318, and by the accumulation of points as provided in
133 s. 322.27, for each act of aggressive careless driving.
134 Section 76. For the purpose of incorporating the amendments
135 made by this act to section 316.1923, Florida Statutes, in a
136 reference thereto, paragraph (a) of subsection (1) of section
137 316.650, Florida Statutes, is reenacted to read:
138 316.650 Traffic citations.—
139 (1)(a) The department shall prepare and supply to every
140 traffic enforcement agency in this state an appropriate form
141 traffic citation that contains a notice to appear, is issued in
142 prenumbered books, meets the requirements of this chapter or any
143 laws of this state regulating traffic, and is consistent with
144 the state traffic court rules and the procedures established by
145 the department. The form shall include a box that is to be
146 checked by the law enforcement officer when the officer believes
147 that the traffic violation or crash was due to aggressive
148 careless driving as defined in s. 316.1923. The form shall also
149 include a box that is to be checked by the law enforcement
150 officer when the officer writes a uniform traffic citation for a
151 violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
152 the driver failing to stop at a traffic signal.
153 Section 77. Section 318.121, Florida Statutes, is amended
154 to read:
155 318.121 Preemption of additional fees, fines, surcharges,
156 and costs.—Notwithstanding any general or special law, or
157 municipal or county ordinance, additional fees, fines,
158 surcharges, or costs other than the additional fees, fines,
159 court costs, and surcharges assessed under s. 318.18(11), (13),
160 (18), and (19), and (22) may not be added to the civil traffic
161 penalties assessed in this chapter.
162 Section 78. Section 318.19, Florida Statutes, is amended to
163 read:
164 318.19 Infractions requiring a mandatory hearing.—Any
165 person cited for the infractions listed in this section shall
166 not have the provisions of s. 318.14(2), (4), and (9) available
167 to him or her but must appear before the designated official at
168 the time and location of the scheduled hearing:
169 (1) Any infraction which results in a crash that causes the
170 death of another;
171 (2) Any infraction which results in a crash that causes
172 “serious bodily injury” of another as defined in s. 316.1933(1);
173 (3) Any infraction of s. 316.172(1)(b);
174 (4) Any infraction of s. 316.520(1) or (2); or
175 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
176 316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
177 (6) A second or subsequent infraction of s. 316.1923(1).
178 Section 79. Sections 2, 19, 74, 75, 76, 77, 78, 79, 80, and
179 81 of this act may be cited as the “Highway Safety Act.”
180 Section 80. The Department of Highway Safety and Motor
181 Vehicles shall provide information about the Highway Safety Act
182 in all driver license educational materials newly printed on or
183 after October 1, 2012.
184 Section 81. The Legislature finds that road rage and
185 aggressive careless driving are a growing threat to the health,
186 safety, and welfare of the public. The intent of the Legislature
187 is to reduce road rage and aggressive careless driving, reduce
188 the incidence of drivers’ interfering with the movement of
189 traffic, minimize crashes, and promote the orderly, free flow of
190 traffic on the roads and highways of the state.
191
192 ================= T I T L E A M E N D M E N T ================
193 And the title is amended as follows:
194 Delete line 2470
195 and insert:
196 swamp buggies; defining the terms “swamp buggy” and
197 “road rage”;
198
199 Delete line 2568
200 and insert:
201 penalties; conforming cross-references; specifying the
202 amount of the fine and the allocation of moneys
203 received from the increased fine imposed for
204 aggressive careless driving; amending s.
205
206 Delete line 2883
207 and insert:
208 cross references; amending s. 316.083, F.S.; requiring
209 an operator of a motor vehicle to yield the left lane
210 when being overtaken on a multilane highway; providing
211 exceptions; amending s. 316.1923, F.S.; revising the
212 number of specified acts necessary to qualify as an
213 aggressive careless driver; providing specified
214 punishments for aggressive careless driving, including
215 imposition of an increased fine; amending s. 318.121,
216 F.S.; revising the preemption of additional fees,
217 fines, surcharges, and court costs to allow imposition
218 of the increased fine for aggressive careless driving;
219 amending s. 318.19, F.S.; providing that a second or
220 subsequent infraction as an aggressive careless driver
221 requires attendance at a mandatory hearing; requiring
222 the Department of Highway Safety and Motor Vehicles to
223 provide information about the Highway Safety Act in
224 driver’s license educational materials; reenacting s.
225 316.650(1)(a), F.S., relating to traffic citations, to
226 incorporate the amendments made to s. 316.1923, F.S.,
227 in a reference thereto; providing a short title;
228 requiring the Department of Highway Safety and Motor
229 Vehicles to provide information about the Highway
230 Safety Act in driver’s license educational materials;
231 providing legislative intent and findings; providing
232 effective dates.