HB 159

1
A bill to be entitled
2An act relating to motor vehicles; creating the
3"Highway Safety Act"; providing legislative intent
4relating to road rage and aggressive careless driving;
5amending s. 316.003, F.S.; defining the term "road
6rage"; amending s. 316.083, F.S.; requiring an
7operator of a motor vehicle to yield the left lane
8when being overtaken on a multilane highway; providing
9exceptions; amending s. 316.1923, F.S.; revising the
10number of specified acts necessary to qualify as an
11aggressive careless driver; providing specified
12punishments for aggressive careless driving, including
13imposition of an increased fine; amending s. 318.121,
14F.S.; revising the preemption of additional fees,
15fines, surcharges, and court costs to allow imposition
16of the increased fine for aggressive careless driving;
17amending s. 318.18, F.S.; specifying the amount of the
18fine and the allocation of moneys received from the
19increased fine imposed for aggressive careless
20driving; amending s. 318.19, F.S.; providing that a
21second or subsequent infraction as an aggressive
22careless driver requires attendance at a mandatory
23hearing; requiring the Department of Highway Safety
24and Motor Vehicles to provide information about the
25Highway Safety Act in driver's license educational
26materials; reenacting s. 316.650(1)(a), F.S., relating
27to traffic citations, to incorporate the amendments
28made to s. 316.1923, F.S., in a reference thereto;
29providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  This act may be cited as the "Highway Safety
34Act."
35     Section 2.  The Legislature finds that road rage and
36aggressive careless driving are a growing threat to the health,
37safety, and welfare of the public. The intent of the Legislature
38is to reduce road rage and aggressive careless driving, reduce
39the incidence of drivers' interfering with the movement of
40traffic, minimize crashes, and promote the orderly, free flow of
41traffic on the roads and highways of the state.
42     Section 3.  Subsection (89) is added to section 316.003,
43Florida Statutes, to read:
44     316.003  Definitions.-The following words and phrases, when
45used in this chapter, shall have the meanings respectively
46ascribed to them in this section, except where the context
47otherwise requires:
48     (89)  ROAD RAGE.-The act of a driver or passenger to
49intentionally or unintentionally, due to a loss of emotional
50control, injure or kill another driver, passenger, or
51pedestrian, or to attempt or threaten to injure or kill another
52driver, passenger, or pedestrian.
53     Section 4.  Present subsection (3) of section 316.083,
54Florida Statutes, is redesignated as subsection (4), and a new
55subsection (3) is added to that section, to read:
56     316.083  Overtaking and passing a vehicle.-The following
57rules shall govern the overtaking and passing of vehicles
58proceeding in the same direction, subject to those limitations,
59exceptions, and special rules hereinafter stated:
60     (3)(a)  On roads, streets, or highways having two or more
61lanes that allow movement in the same direction, a driver may
62not continue to operate a motor vehicle in the furthermost left-
63hand lane if the driver knows, or reasonably should know, that
64he or she is being overtaken in that lane from the rear by a
65motor vehicle traveling at a higher rate of speed.
66     (b)  Paragraph (a) does not apply to a driver operating a
67motor vehicle in the furthermost left-hand lane if:
68     1.  The driver is driving the legal speed limit and is not
69impeding the flow of traffic in the furthermost left-hand lane;
70     2.  The driver is in the process of overtaking a slower
71motor vehicle in the adjacent right-hand lane for the purpose of
72passing the slower moving vehicle so that the driver may move to
73the adjacent right-hand lane;
74     3.  Conditions make the flow of traffic substantially the
75same in all lanes or preclude the driver from moving to the
76adjacent right-hand lane;
77     4.  The driver's movement to the adjacent right-hand lane
78could endanger the driver or other drivers;
79     5.  The driver is directed by a law enforcement officer,
80road sign, or road crew to remain in the furthermost left-hand
81lane; or
82     6.  The driver is preparing to make a left turn.
83     (c)  A driver who violates s. 316.183 and this subsection
84simultaneously shall receive a uniform traffic citation solely
85under s. 316.183.
86     Section 5.  Section 316.1923, Florida Statutes, is amended
87to read:
88     316.1923  Aggressive careless driving.-
89     (1)  "Aggressive careless driving" means committing three
90two or more of the following acts simultaneously or in
91succession:
92     (a)(1)  Exceeding the posted speed as defined in s.
93322.27(3)(d)5.b.
94     (b)(2)  Unsafely or improperly changing lanes as defined in
95s. 316.085.
96     (c)(3)  Following another vehicle too closely as defined in
97s. 316.0895(1).
98     (d)(4)  Failing to yield the right-of-way as defined in s.
99316.079, s. 316.0815, or s. 316.123.
100     (e)(5)  Improperly passing or failing to yield to
101overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
102316.085.
103     (f)(6)  Violating traffic control and signal devices as
104defined in ss. 316.074 and 316.075.
105     (2)  Any person convicted of aggressive careless driving
106shall be cited for a moving violation and punished as provided
107in chapter 318, and by the accumulation of points as provided in
108s. 322.27, for each act of aggressive careless driving.
109     Section 6.  Section 318.121, Florida Statutes, is amended
110to read
111     318.121  Preemption of additional fees, fines, surcharges,
112and costs.-Notwithstanding any general or special law, or
113municipal or county ordinance, additional fees, fines,
114surcharges, or costs other than the additional fees, fines,
115court costs, and surcharges assessed under s. 318.18(11), (13),
116(18), and (19), and (22) may not be added to the civil traffic
117penalties assessed in this chapter.
118     Section 7.  Subsection (22) is added to section 318.18,
119Florida Statutes, to read:
120     318.18  Amount of penalties.-The penalties required for a
121noncriminal disposition pursuant to s. 318.14 or a criminal
122offense listed in s. 318.17 are as follows:
123     (22)(a)  In addition to any penalties or points imposed
124under s. 316.1923, a person convicted of aggressive careless
125driving shall also pay:
126     1.  Upon a first violation, a fine of $100.
127     2.  Upon a second or subsequent conviction, a fine of not
128less than $250 but not more than $500 and be subject to a
129mandatory hearing under s. 318.19.
130     (b)  The clerk of the court shall remit the moneys
131collected from the increased fine imposed by this subsection to
132the Department of Revenue for deposit into the Department of
133Health Administrative Trust Fund. Of the funds deposited into
134the Department of Health Administrative Trust Fund, $200,000 in
135the first year after October 1, 2012, and $50,000 in the second
136and third years, shall be transferred into the Highway Safety
137Operating Trust Fund to offset the cost of providing educational
138materials related to this act. Funds deposited into the
139Department of Health Administrative Trust Fund under this
140subsection shall be allocated as follows:
141     1.  Twenty-five percent shall be allocated equally among
142all Level I, Level II, and pediatric trauma centers in
143recognition of readiness costs for maintaining trauma services.
144     2.  Twenty-five percent shall be allocated among Level I,
145Level II, and pediatric trauma centers based on each center's
146relative volume of trauma cases as reported in the Department of
147Health Trauma Registry.
148     3.  Twenty-five percent shall be transferred to the
149Emergency Medical Services Trust Fund and used by the department
150for making matching grants to emergency medical services
151organizations as defined in s. 401.107.
152     4.  Twenty-five percent shall be transferred to the
153Emergency Medical Services Trust Fund and made available to
154rural emergency medical services as defined in s. 401.107, and
155shall be used solely to improve and expand prehospital emergency
156medical services in this state. Additionally, these moneys may
157be used for the improvement, expansion, or continuation of
158services provided.
159     Section 8.  Section 318.19, Florida Statutes, is amended to
160read:
161     318.19  Infractions requiring a mandatory hearing.-Any
162person cited for the infractions listed in this section shall
163not have the provisions of s. 318.14(2), (4), and (9) available
164to him or her but must appear before the designated official at
165the time and location of the scheduled hearing:
166     (1)  Any infraction which results in a crash that causes
167the death of another;
168     (2)  Any infraction which results in a crash that causes
169"serious bodily injury" of another as defined in s. 316.1933(1);
170     (3)  Any infraction of s. 316.172(1)(b);
171     (4)  Any infraction of s. 316.520(1) or (2); or
172     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.
173316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
174     (6)  A second or subsequent infraction of s. 316.1923(1).
175     Section 9.  The Department of Highway Safety and Motor
176Vehicles shall provide information about the Highway Safety Act
177in all driver's license educational materials newly printed on
178or after October 1, 2012.
179     Section 10.  For the purpose of incorporating the
180amendments made by this act to section 316.1923, Florida
181Statutes, in a reference thereto, paragraph (a) of subsection
182(1) of section 316.650, Florida Statutes, is reenacted to read:
183     316.650  Traffic citations.-
184     (1)(a)  The department shall prepare and supply to every
185traffic enforcement agency in this state an appropriate form
186traffic citation that contains a notice to appear, is issued in
187prenumbered books, meets the requirements of this chapter or any
188laws of this state regulating traffic, and is consistent with
189the state traffic court rules and the procedures established by
190the department. The form shall include a box that is to be
191checked by the law enforcement officer when the officer believes
192that the traffic violation or crash was due to aggressive
193careless driving as defined in s. 316.1923. The form shall also
194include a box that is to be checked by the law enforcement
195officer when the officer writes a uniform traffic citation for a
196violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
197the driver failing to stop at a traffic signal.
198     Section 11.  This act shall take effect October 1, 2012.


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