Florida Senate - 2022                                    SB 1414
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-01271A-22                                          20221414__
    1                        A bill to be entitled                      
    2         An act relating to driving over the speed limit;
    3         amending s. 316.192, F.S.; providing that any person
    4         who drives any vehicle at or above a specified speed
    5         commits reckless driving; amending s. 316.1926, F.S.;
    6         revising the threshold above the posted speed limit at
    7         which a person in violation of certain provisions must
    8         be cited for a moving violation; reenacting s.
    9         318.14(13), F.S., relating to noncriminal traffic
   10         infractions, to incorporate the amendment made to s.
   11         316.1926, F.S., in references thereto; reenacting ss.
   12         318.17, 318.18(20), 322.0261(4)(a) and (b), 322.61(1),
   13         and 337.195(1), F.S., relating to offenses excepted,
   14         the amount of penalties, driver improvement courses,
   15         disqualification from operating a motor vehicle, and
   16         limits on liability, respectively, to incorporate the
   17         amendment made to s. 316.192, F.S., in references
   18         thereto; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (a) of subsection (1) of section
   23  316.192, Florida Statutes, is amended, and subsections (2), (3),
   24  and (4) of that section are republished, to read:
   25         316.192 Reckless driving.—
   26         (1)(a) Any person who drives any vehicle in willful or
   27  wanton disregard for the safety of persons or property or who
   28  drives any vehicle 40 miles per hour or more above the lawful or
   29  posted speed limit commits is guilty of reckless driving.
   30         (2) Except as provided in subsection (3), any person
   31  convicted of reckless driving shall be punished:
   32         (a) Upon a first conviction, by imprisonment for a period
   33  of not more than 90 days or by fine of not less than $25 nor
   34  more than $500, or by both such fine and imprisonment.
   35         (b) On a second or subsequent conviction, by imprisonment
   36  for not more than 6 months or by a fine of not less than $50 nor
   37  more than $1,000, or by both such fine and imprisonment.
   38         (3) Any person:
   39         (a) Who is in violation of subsection (1);
   40         (b) Who operates a vehicle; and
   41         (c) Who, by reason of such operation, causes:
   42         1. Damage to the property or person of another commits a
   43  misdemeanor of the first degree, punishable as provided in s.
   44  775.082 or s. 775.083.
   45         2. Serious bodily injury to another commits a felony of the
   46  third degree, punishable as provided in s. 775.082, s. 775.083,
   47  or s. 775.084. The term “serious bodily injury” means an injury
   48  to another person, which consists of a physical condition that
   49  creates a substantial risk of death, serious personal
   50  disfigurement, or protracted loss or impairment of the function
   51  of any bodily member or organ.
   52         (4) Notwithstanding any other provision of this section, $5
   53  shall be added to a fine imposed pursuant to this section. The
   54  clerk shall remit the $5 to the Department of Revenue for
   55  deposit in the Emergency Medical Services Trust Fund.
   56         Section 2. Subsection (2) of section 316.1926, Florida
   57  Statutes, is amended to read:
   58         316.1926 Additional offenses.—
   59         (2) A person who exceeds the lawful or posted speed limit
   60  by up to 39 in excess of 50 miles per hour or more in violation
   61  of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a
   62  moving violation, punishable as provided in chapter 318. A
   63  person who exceeds the lawful or posted speed limit by 40 miles
   64  per hour or more in violation of s. 316.192(1)(a) shall be
   65  punished as provided in s. 316.192.
   66         Section 3. For the purpose of incorporating the amendment
   67  made by this act to section 316.1926, Florida Statutes, in
   68  references thereto, subsection (13) of section 318.14, Florida
   69  Statutes, is reenacted to read:
   70         318.14 Noncriminal traffic infractions; exception;
   71  procedures.—
   72         (13)(a) A person cited for a violation of s. 316.1926
   73  shall, in addition to any other requirements provided in this
   74  section, pay a fine of $1,000. This fine is in lieu of the fine
   75  required under s. 318.18(3)(b), if the person was cited for
   76  violation of s. 316.1926(2).
   77         (b) A person cited for a second violation of s. 316.1926
   78  shall, in addition to any other requirements provided in this
   79  section, pay a fine of $2,500. This fine is in lieu of the fine
   80  required under s. 318.18(3)(b), if the person was cited for
   81  violation of s. 316.1926(2). In addition, the court shall revoke
   82  the person’s authorization and privilege to operate a motor
   83  vehicle for a period of 1 year and order the person to surrender
   84  his or her driver license.
   85         (c) A person cited for a third violation of s. 316.1926
   86  commits a felony of the third degree, punishable as provided in
   87  s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the
   88  court shall impose a fine of $5,000, revoke the person’s
   89  authorization and privilege to operate a motor vehicle for a
   90  period of 10 years, and order the person to surrender his or her
   91  driver license.
   92         Section 4. For the purpose of incorporating the amendment
   93  made by this act to section 316.192, Florida Statutes, in a
   94  reference thereto, section 318.17, Florida Statutes, is
   95  reenacted to read:
   96         318.17 Offenses excepted.—No provision of this chapter is
   97  available to a person who is charged with any of the following
   98  offenses:
   99         (1) Fleeing or attempting to elude a police officer, in
  100  violation of s. 316.1935;
  101         (2) Leaving the scene of a crash, in violation of ss.
  102  316.027 and 316.061;
  103         (3) Driving, or being in actual physical control of, any
  104  vehicle while under the influence of alcoholic beverages, any
  105  chemical substance set forth in s. 877.111, or any substance
  106  controlled under chapter 893, in violation of s. 316.193, or
  107  driving with an unlawful blood-alcohol level;
  108         (4) Reckless driving, in violation of s. 316.192;
  109         (5) Making false crash reports, in violation of s. 316.067;
  110         (6) Willfully failing or refusing to comply with any lawful
  111  order or direction of any police officer or member of the fire
  112  department, in violation of s. 316.072(3);
  113         (7) Obstructing an officer, in violation of s. 316.545(1);
  114  or
  115         (8) Any other offense in chapter 316 which is classified as
  116  a criminal violation.
  117         Section 5. For the purpose of incorporating the amendment
  118  made by this act to section 316.192, Florida Statutes, in a
  119  reference thereto, subsection (20) of section 318.18, Florida
  120  Statutes, is reenacted to read:
  121         318.18 Amount of penalties.—The penalties required for a
  122  noncriminal disposition pursuant to s. 318.14 or a criminal
  123  offense listed in s. 318.17 are as follows:
  124         (20) In addition to any other penalty, $65 for a violation
  125  of s. 316.191, prohibiting racing on highways, or s. 316.192,
  126  prohibiting reckless driving. The additional $65 collected under
  127  this subsection shall be remitted to the Department of Revenue
  128  for deposit into the Emergency Medical Services Trust Fund of
  129  the Department of Health to be used as provided in s. 395.4036.
  130         Section 6. For the purpose of incorporating the amendment
  131  made by this act to section 316.192, Florida Statutes, in
  132  references thereto, paragraphs (a) and (b) of subsection (4) of
  133  section 322.0261, Florida Statutes, are reenacted to read:
  134         322.0261 Driver improvement course; requirement to maintain
  135  driving privileges; failure to complete; department approval of
  136  course.—
  137         (4)(a) The department shall identify any operator convicted
  138  of, or who pleaded nolo contendere to, a violation of s.
  139  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
  140  316.192 and shall require that operator, in addition to other
  141  applicable penalties, to attend a department-approved driver
  142  improvement course in order to maintain driving privileges. The
  143  department shall, within 10 days after receiving a notice of
  144  judicial disposition, send notice to the operator of the
  145  requirement to attend a driver improvement course. If the
  146  operator fails to complete the course within 90 days after
  147  receiving notice from the department, the operator’s driver
  148  license shall be canceled by the department until the course is
  149  successfully completed.
  150         (b) Any operator who receives a traffic citation for a
  151  violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
  152  s. 316.192, for which the court withholds adjudication, is not
  153  required to attend a driver improvement course, unless the court
  154  finds that the nature or severity of the violation is such that
  155  attendance to a driver improvement course is necessary. The
  156  department shall, within 10 days after receiving a notice of
  157  judicial disposition, send notice to the operator of the
  158  requirement to attend a driver improvement course. If the
  159  operator fails to complete the course within 90 days after
  160  receiving notice from the department, the operator’s driver
  161  license shall be canceled by the department until the course is
  162  successfully completed.
  163         Section 7. For the purpose of incorporating the amendment
  164  made by this act to section 316.192, Florida Statutes, in a
  165  reference thereto, subsection (1) of section 322.61, Florida
  166  Statutes, is reenacted to read:
  167         322.61 Disqualification from operating a commercial motor
  168  vehicle.—
  169         (1) A person who, for offenses occurring within a 3-year
  170  period, is convicted of two of the following serious traffic
  171  violations or any combination thereof, arising in separate
  172  incidents committed in a commercial motor vehicle shall, in
  173  addition to any other applicable penalties, be disqualified from
  174  operating a commercial motor vehicle for a period of 60 days. A
  175  holder of a commercial driver license or commercial learner’s
  176  permit who, for offenses occurring within a 3-year period, is
  177  convicted of two of the following serious traffic violations, or
  178  any combination thereof, arising in separate incidents committed
  179  in a noncommercial motor vehicle shall, in addition to any other
  180  applicable penalties, be disqualified from operating a
  181  commercial motor vehicle for a period of 60 days if such
  182  convictions result in the suspension, revocation, or
  183  cancellation of the licenseholder’s driving privilege:
  184         (a) A violation of any state or local law relating to motor
  185  vehicle traffic control, other than a parking violation, arising
  186  in connection with a crash resulting in death;
  187         (b) Reckless driving, as defined in s. 316.192;
  188         (c) Unlawful speed of 15 miles per hour or more above the
  189  posted speed limit;
  190         (d) Improper lane change, as defined in s. 316.085;
  191         (e) Following too closely, as defined in s. 316.0895;
  192         (f) Driving a commercial vehicle without obtaining a
  193  commercial driver license;
  194         (g) Driving a commercial vehicle without the proper class
  195  of commercial driver license or commercial learner’s permit or
  196  without the proper endorsement;
  197         (h) Driving a commercial vehicle without a commercial
  198  driver license or commercial learner’s permit in possession, as
  199  required by s. 322.03;
  200         (i) Texting while driving; or
  201         (j) Using a handheld mobile telephone while driving.
  202         Section 8. For the purpose of incorporating the amendment
  203  made by this act to section 316.192, Florida Statutes, in a
  204  reference thereto, subsection (1) of section 337.195, Florida
  205  Statutes, is reenacted to read:
  206         337.195 Limits on liability.—
  207         (1) In a civil action for the death of or injury to a
  208  person, or for damage to property, against the Department of
  209  Transportation or its agents, consultants, or contractors for
  210  work performed on a highway, road, street, bridge, or other
  211  transportation facility when the death, injury, or damage
  212  resulted from a motor vehicle crash within a construction zone
  213  in which the driver of one of the vehicles was under the
  214  influence of alcoholic beverages as set forth in s. 316.193,
  215  under the influence of any chemical substance as set forth in s.
  216  877.111, or illegally under the influence of any substance
  217  controlled under chapter 893 to the extent that her or his
  218  normal faculties were impaired or that she or he operated a
  219  vehicle recklessly as defined in s. 316.192, it is presumed that
  220  the driver’s operation of the vehicle was the sole proximate
  221  cause of her or his own death, injury, or damage. This
  222  presumption can be overcome if the gross negligence or
  223  intentional misconduct of the Department of Transportation, or
  224  of its agents, consultants, or contractors, was a proximate
  225  cause of the driver’s death, injury, or damage.
  226         Section 9. This act shall take effect October 1, 2022.