Florida Senate - 2013                                     SB 408
       By Senator Clemens
       27-00262-13                                            2013408__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; providing a short
    3         title; providing legislative intent relating to road
    4         rage and traffic congestion; amending s. 316.003,
    5         F.S.; defining the term “road rage”; amending s.
    6         316.083, F.S.; requiring that an operator of a motor
    7         vehicle yield the furthermost left-hand lane when
    8         being overtaken on a multilane highway; providing
    9         exceptions; reenacting s. 316.1923, F.S., relating to
   10         aggressive careless driving, to incorporate the
   11         amendments made to s. 316.083, F.S., in a reference
   12         thereto; requiring that the Department of Highway
   13         Safety and Motor Vehicles provide information about
   14         the act in driver license educational materials that
   15         are newly published on or after a specified date;
   16         providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. This act may be cited as the “Florida Highway
   21  Safety Act.”
   22         Section 2. The intent of the Legislature is to reduce road
   23  rage and traffic congestion by reducing the incidence of crashes
   24  and drivers’ interferences with the movement of traffic and by
   25  promoting the orderly, free flow of traffic on the roads and
   26  highways of the state.
   27         Section 3. Subsection (91) is added to section 316.003,
   28  Florida Statutes, to read:
   29         316.003 Definitions.—The following words and phrases, when
   30  used in this chapter, shall have the meanings respectively
   31  ascribed to them in this section, except where the context
   32  otherwise requires:
   33         (91) ROAD RAGE.—The act of a driver or passenger to
   34  intentionally or unintentionally, due to a loss of emotional
   35  control, injure or kill another driver, passenger, bicyclist, or
   36  pedestrian, or to attempt or threaten to injure or kill another
   37  driver, passenger, bicyclist, or pedestrian.
   38         Section 4. Present subsection (3) of section 316.083,
   39  Florida Statutes, is redesignated as subsection (4), and a new
   40  subsection (3) is added to that section, to read:
   41         316.083 Overtaking and passing a vehicle.—The following
   42  rules shall govern the overtaking and passing of vehicles
   43  proceeding in the same direction, subject to those limitations,
   44  exceptions, and special rules hereinafter stated:
   45         (3)(a) On a road, street, or highway having two or more
   46  lanes that allow movement in the same direction, a driver may
   47  not continue to operate a motor vehicle in the furthermost left
   48  hand lane if the driver knows, or reasonably should know, that
   49  he or she is being overtaken in that lane from the rear by a
   50  motor vehicle traveling at a higher rate of speed.
   51         (b) Paragraph (a) does not apply to a driver operating a
   52  motor vehicle in the furthermost left-hand lane if:
   53         1. The driver is in the process of overtaking a slower
   54  motor vehicle in the adjacent right-hand lane for the purpose of
   55  passing the slower vehicle before moving to the adjacent right
   56  hand lane;
   57         2. Conditions preclude the driver from moving to the
   58  adjacent right-hand lane;
   59         3. The driver’s movement to the adjacent right-hand lane
   60  could endanger the driver or other drivers;
   61         4. The driver is directed by a law enforcement officer,
   62  road sign, or road crew to remain in the furthermost left-hand
   63  lane; or
   64         5. The driver is preparing to make a left turn.
   65         Section 5. For the purpose of incorporating the amendment
   66  made by this act to section 316.083, Florida Statutes, in a
   67  reference thereto, section 316.1923, Florida Statutes, is
   68  reenacted to read:
   69         316.1923 Aggressive careless driving.—“Aggressive careless
   70  driving” means committing two or more of the following acts
   71  simultaneously or in succession:
   72         (1) Exceeding the posted speed as defined in s.
   73  322.27(3)(d)5.b.
   74         (2) Unsafely or improperly changing lanes as defined in s.
   75  316.085.
   76         (3) Following another vehicle too closely as defined in s.
   77  316.0895(1).
   78         (4) Failing to yield the right-of-way as defined in s.
   79  316.079, s. 316.0815, or s. 316.123.
   80         (5) Improperly passing as defined in s. 316.083, s.
   81  316.084, or s. 316.085.
   82         (6) Violating traffic control and signal devices as defined
   83  in ss. 316.074 and 316.075.
   84         Section 6. The Department of Highway Safety and Motor
   85  Vehicles shall provide information about the Florida Highway
   86  Safety Act in all driver license educational materials that are
   87  newly printed on or after October 1, 2013.
   88         Section 7. This act shall take effect October 1, 2013.