Florida Senate - 2019                                     SB 158
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00486-19                                            2019158__
    1                        A bill to be entitled                      
    2         An act relating to traffic offenses; creating s.
    3         318.195, F.S.; providing a short title; providing
    4         criminal penalties for a person who commits a moving
    5         violation that causes serious bodily injury to, or
    6         causes the death of, a vulnerable road user; requiring
    7         that the person pay a specified fine, serve a minimum
    8         period of house arrest, and attend a driver
    9         improvement course; requiring that the court revoke
   10         the person’s driver license for a minimum specified
   11         period; defining the term “vulnerable road user”;
   12         providing that the act does not prohibit the person
   13         from being charged with, convicted of, or punished for
   14         any other violation of law; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 318.195, Florida Statutes, is created to
   20  read:
   21         318.195 Enhanced penalties for moving violations causing
   22  injury or death.—
   23         (1) This section may be cited as the “Vulnerable Road User
   24  Act.”
   25         (2) A person who commits a moving violation that causes
   26  serious bodily injury, as defined in s. 316.1933, to a
   27  vulnerable road user commits a misdemeanor of the second degree,
   28  punishable as provided in s. 775.082 or s. 775.083, and, upon
   29  conviction, shall pay a fine of not less than $1,500, serve a
   30  minimum of 30 days of house arrest, and attend a department
   31  approved driver improvement course relating to the rights of
   32  vulnerable road users relative to vehicles on the roadway as
   33  provided in s. 322.0261(2). The court shall also revoke the
   34  person’s driver license for at least 30 days.
   35         (3) A person who commits a moving violation that causes the
   36  death of a vulnerable road user commits a misdemeanor of the
   37  first degree, punishable as provided in s. 775.082 or s.
   38  775.083, and, upon conviction, shall pay a fine of not less than
   39  $5,000, serve a minimum of 180 days of house arrest, and attend
   40  a department-approved driver improvement course relating to the
   41  rights of vulnerable road users relative to vehicles on the
   42  roadway as provided in s. 322.0261(2). The court shall also
   43  revoke the person’s driver license for at least 1 year.
   44         (4) As used in this section, the term “vulnerable road
   45  user” means any of the following:
   46         (a) A pedestrian, including a person actually engaged in
   47  work upon a highway, or in work upon utility facilities along a
   48  highway, or engaged in the provision of emergency services
   49  within the right-of-way.
   50         (b) A person lawfully operating a bicycle, motorcycle,
   51  scooter, or moped on the roadway.
   52         (c) A person riding an animal.
   53         (d) A person lawfully operating any of the following on a
   54  public right-of-way, crosswalk, or shoulder of the roadway:
   55         1. A farm tractor or similar vehicle designed primarily for
   56  farm use.
   57         2. A skateboard, roller skates, or in-line skates.
   58         3. A horse-drawn carriage.
   59         4. An electric personal assistive mobility device.
   60         5. A wheelchair.
   61         (5) This section does not prohibit a person from being
   62  charged with, convicted of, or punished for any other violation
   63  of law.
   64         Section 2. This act shall take effect July 1, 2019.