Florida Senate - 2021                                     SB 278
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00484-21                                            2021278__
    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 who commits the moving violation pay a
    8         specified fine, serve a minimum period of house
    9         arrest, and attend a driver improvement course;
   10         requiring that the court revoke the person’s driver
   11         license for a minimum specified period; defining the
   12         term “vulnerable road user”; providing construction;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 318.195, Florida Statutes, is created to
   18  read:
   19         318.195 Enhanced penalties for moving violations causing
   20  injury or death to vulnerable road users.—
   21         (1) This section may be cited as the “Vulnerable Road User
   22  Act.”
   23         (2) A person who commits a moving violation that causes
   24  serious bodily injury, as defined in s. 316.1933(1)(b), to a
   25  vulnerable road user commits a misdemeanor of the second degree,
   26  punishable as provided in s. 775.082 or s. 775.083, and, upon
   27  conviction, shall pay a fine of not less than $1,500, serve a
   28  minimum of 30 days of house arrest, and attend a department
   29  approved driver improvement course relating to the rights of
   30  vulnerable road users relative to vehicles on the roadway as
   31  provided in s. 322.0261(2). The court shall also revoke the
   32  person’s driver license for at least 30 days.
   33         (3) A person who commits a moving violation that causes the
   34  death of a vulnerable road user commits a misdemeanor of the
   35  first degree, punishable as provided in s. 775.082 or s.
   36  775.083, and, upon conviction, shall pay a fine of not less than
   37  $5,000, serve a minimum of 180 days of house arrest, and attend
   38  a department-approved driver improvement course relating to the
   39  rights of vulnerable road users relative to vehicles on the
   40  roadway as provided in s. 322.0261(2). The court shall also
   41  revoke the person’s driver license for at least 1 year.
   42         (4) As used in this section, the term “vulnerable road
   43  user” has the same meaning as in s. 316.027(1)(b).
   44         (5) This section does not prohibit a person from being
   45  charged with, convicted of, or punished for any other violation
   46  of law.
   47         Section 2. This act shall take effect October 1, 2021.