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.