Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1122
       
       
       
       
       
       
                                Barcode 650054                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  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) and subsection
   31  (17) of section 318.18, Florida Statutes, are amended, and
   32  subsection (22) is 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         (17) In addition to any penalties imposed, a surcharge of
   43  $3 must be paid for all criminal offenses listed in s. 318.17
   44  and for all noncriminal moving traffic violations under chapter
   45  316. Revenue from the surcharge shall be remitted to the
   46  Department of Revenue and deposited quarterly into the State
   47  Agency Law Enforcement Radio System Trust Fund of the Department
   48  of Management Services for the state agency law enforcement
   49  radio system, as described in s. 282.709, and to provide
   50  technical assistance to state agencies and local law enforcement
   51  agencies with their statewide systems of regional law
   52  enforcement communications, as described in s. 282.7101. This
   53  subsection expires July 1, 2021 2012. The Department of
   54  Management Services may retain funds sufficient to recover the
   55  costs and expenses incurred for managing, administering, and
   56  overseeing the Statewide Law Enforcement Radio System, and
   57  providing technical assistance to state agencies and local law
   58  enforcement agencies with their statewide systems of regional
   59  law enforcement communications. The Department of Management
   60  Services working in conjunction with the Joint Task Force on
   61  State Agency Law Enforcement Communications shall determine and
   62  direct the purposes for which these funds are used to enhance
   63  and improve the radio system.
   64         (22)(a)In addition to any penalties or points imposed
   65  under s. 316.1923, a person convicted of aggressive careless
   66  driving shall also pay:
   67         1. Upon a first violation, a fine of $100.
   68         2. Upon a second or subsequent conviction, a fine of not
   69  less than $250 but not more than $500 and be subject to a
   70  mandatory hearing under s. 318.19.
   71         (b) The clerk of the court shall remit the moneys collected
   72  from the increased fine imposed by this subsection to the
   73  Department of Revenue for deposit into the Emergency Medical
   74  Services Trust Fund. Of the funds deposited into the Emergency
   75  Medical Services Trust Fund, $200,000 in the first year after
   76  October 1, 2012, and $50,000 in the second and third years,
   77  shall be transferred into the Highway Safety Operating Trust
   78  Fund to offset the cost of providing educational materials
   79  related to this act. Funds deposited into the Emergency Medical
   80  Services Trust Fund under this subsection shall be allocated as
   81  follows:
   82         1. Twenty-five percent shall be allocated equally among all
   83  Level I, Level II, and pediatric trauma centers in recognition
   84  of readiness costs for maintaining trauma services.
   85         2. Twenty-five percent shall be allocated among Level I,
   86  Level II, and pediatric trauma centers based on each center’s
   87  relative volume of trauma cases as reported in the Department of
   88  Health Trauma Registry.
   89         3. Twenty-five percent shall be used by the department for
   90  making matching grants to emergency medical services
   91  organizations as defined in s. 401.107.
   92         4. Twenty-five percent shall be made available to rural
   93  emergency medical services as defined in s. 401.107, and shall
   94  be used solely to improve and expand prehospital emergency
   95  medical services in this state. Additionally, these moneys may
   96  be used for the improvement, expansion, or continuation of
   97  services provided.
   98  
   99         Between lines 2453 and 2454
  100  insert:
  101         Section 74. Present subsection (3) of section 316.083,
  102  Florida Statutes, is redesignated as subsection (4), and a new
  103  subsection (3) is added to that section, to read:
  104         316.083 Overtaking and passing a vehicle.—The following
  105  rules shall govern the overtaking and passing of vehicles
  106  proceeding in the same direction, subject to those limitations,
  107  exceptions, and special rules hereinafter stated:
  108         (3)(a) On roads, streets, or highways having two or more
  109  lanes that allow movement in the same direction, a driver may
  110  not continue to operate a motor vehicle in the furthermost left
  111  hand lane if the driver knows, or reasonably should know, that
  112  he or she is being overtaken in that lane from the rear by a
  113  motor vehicle traveling at a higher rate of speed.
  114         (b) Paragraph (a) does not apply to a driver operating a
  115  motor vehicle in the furthermost left-hand lane if:
  116         1. The driver is driving the legal speed limit and is not
  117  impeding the flow of traffic in the furthermost left-hand lane;
  118         2. The driver is in the process of overtaking a slower
  119  motor vehicle in the adjacent right-hand lane for the purpose of
  120  passing the slower moving vehicle so that the driver may move to
  121  the adjacent right-hand lane;
  122         3. Conditions make the flow of traffic substantially the
  123  same in all lanes or preclude the driver from moving to the
  124  adjacent right-hand lane;
  125         4. The driver’s movement to the adjacent right-hand lane
  126  could endanger the driver or other drivers;
  127         5. The driver is directed by a law enforcement officer,
  128  road sign, or road crew to remain in the furthermost left-hand
  129  lane; or
  130         6. The driver is preparing to make a left turn.
  131         (c)A driver who violates s. 316.183 and this subsection
  132  simultaneously shall receive a uniform traffic citation solely
  133  under s. 316.183.
  134         Section 75. Section 316.1923, Florida Statutes, is amended
  135  to read:
  136         316.1923 Aggressive careless driving.—
  137         (1) “Aggressive careless driving” means committing three
  138  two or more of the following acts simultaneously or in
  139  succession:
  140         (a)(1) Exceeding the posted speed as defined in s.
  141  322.27(3)(d)5.b.
  142         (b)(2) Unsafely or improperly changing lanes as defined in
  143  s. 316.085.
  144         (c)(3) Following another vehicle too closely as defined in
  145  s. 316.0895(1).
  146         (d)(4) Failing to yield the right-of-way as defined in s.
  147  316.079, s. 316.0815, or s. 316.123.
  148         (e)(5) Improperly passing or failing to yield to overtaking
  149  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
  150         (f)(6) Violating traffic control and signal devices as
  151  defined in ss. 316.074 and 316.075.
  152         (2) Any person convicted of aggressive careless driving
  153  shall be cited for a moving violation and punished as provided
  154  in chapter 318, and by the accumulation of points as provided in
  155  s. 322.27, for each act of aggressive careless driving.
  156         Section 76. For the purpose of incorporating the amendments
  157  made by this act to section 316.1923, Florida Statutes, in a
  158  reference thereto, paragraph (a) of subsection (1) of section
  159  316.650, Florida Statutes, is reenacted to read:
  160         316.650 Traffic citations.—
  161         (1)(a) The department shall prepare and supply to every
  162  traffic enforcement agency in this state an appropriate form
  163  traffic citation that contains a notice to appear, is issued in
  164  prenumbered books, meets the requirements of this chapter or any
  165  laws of this state regulating traffic, and is consistent with
  166  the state traffic court rules and the procedures established by
  167  the department. The form shall include a box that is to be
  168  checked by the law enforcement officer when the officer believes
  169  that the traffic violation or crash was due to aggressive
  170  careless driving as defined in s. 316.1923. The form shall also
  171  include a box that is to be checked by the law enforcement
  172  officer when the officer writes a uniform traffic citation for a
  173  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  174  the driver failing to stop at a traffic signal.
  175         Section 77. Section 318.121, Florida Statutes, is amended
  176  to read:
  177         318.121 Preemption of additional fees, fines, surcharges,
  178  and costs.—Notwithstanding any general or special law, or
  179  municipal or county ordinance, additional fees, fines,
  180  surcharges, or costs other than the additional fees, fines,
  181  court costs, and surcharges assessed under s. 318.18(11), (13),
  182  (18), and (19), and (22) may not be added to the civil traffic
  183  penalties assessed in this chapter.
  184         Section 78. Section 318.19, Florida Statutes, is amended to
  185  read:
  186         318.19 Infractions requiring a mandatory hearing.—Any
  187  person cited for the infractions listed in this section shall
  188  not have the provisions of s. 318.14(2), (4), and (9) available
  189  to him or her but must appear before the designated official at
  190  the time and location of the scheduled hearing:
  191         (1) Any infraction which results in a crash that causes the
  192  death of another;
  193         (2) Any infraction which results in a crash that causes
  194  “serious bodily injury” of another as defined in s. 316.1933(1);
  195         (3) Any infraction of s. 316.172(1)(b);
  196         (4) Any infraction of s. 316.520(1) or (2); or
  197         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  198  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  199         (6)A second or subsequent infraction of s. 316.1923(1).
  200         Section 79. Sections 2, 19, 74, 75, 76, 77, 78, 79, 80, and
  201  81 of this act may be cited as the “Highway Safety Act.”
  202         Section 80. The Department of Highway Safety and Motor
  203  Vehicles shall provide information about the Highway Safety Act
  204  in all driver license educational materials newly printed on or
  205  after October 1, 2012.
  206         Section 81. The Legislature finds that road rage and
  207  aggressive careless driving are a growing threat to the health,
  208  safety, and welfare of the public. The intent of the Legislature
  209  is to reduce road rage and aggressive careless driving, reduce
  210  the incidence of drivers’ interfering with the movement of
  211  traffic, minimize crashes, and promote the orderly, free flow of
  212  traffic on the roads and highways of the state.
  213  
  214  ================= T I T L E  A M E N D M E N T ================
  215         And the title is amended as follows:
  216         Delete line 2470
  217  and insert:
  218         swamp buggies; defining the terms “swamp buggy” and
  219         “road rage”;
  220  
  221         Delete line 2568
  222  and insert:
  223         penalties; conforming cross-references; specifying the
  224         amount of the fine and the allocation of moneys
  225         received from the increased fine imposed for
  226         aggressive careless driving; amending s.
  227  
  228         Delete line 2883
  229  and insert:
  230         cross references; amending s. 316.083, F.S.; requiring
  231         an operator of a motor vehicle to yield the left lane
  232         when being overtaken on a multilane highway; providing
  233         exceptions; amending s. 316.1923, F.S.; revising the
  234         number of specified acts necessary to qualify as an
  235         aggressive careless driver; providing specified
  236         punishments for aggressive careless driving, including
  237         imposition of an increased fine; amending s. 318.121,
  238         F.S.; revising the preemption of additional fees,
  239         fines, surcharges, and court costs to allow imposition
  240         of the increased fine for aggressive careless driving;
  241         amending s. 318.19, F.S.; providing that a second or
  242         subsequent infraction as an aggressive careless driver
  243         requires attendance at a mandatory hearing; requiring
  244         the Department of Highway Safety and Motor Vehicles to
  245         provide information about the Highway Safety Act in
  246         driver’s license educational materials; reenacting s.
  247         316.650(1)(a), F.S., relating to traffic citations, to
  248         incorporate the amendments made to s. 316.1923, F.S.,
  249         in a reference thereto; providing a short title;
  250         requiring the Department of Highway Safety and Motor
  251         Vehicles to provide information about the Highway
  252         Safety Act in driver’s license educational materials;
  253         providing legislative intent and findings; providing
  254         effective dates.