Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 476
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Transportation (Pizzo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 316.1923, Florida Statutes, is amended
    6  to read:
    7         316.1923 Aggressive careless driving.—
    8         (1)This section may be cited as the “Anthony Reznik and
    9  Chet Smith Road Safety Act.”
   10         (2)As used in this chapter, the term “aggressive careless
   11  driving” means committing two or more of the following acts
   12  simultaneously or in succession:
   13         (a)(1) Exceeding the posted speed as defined in s.
   14  322.27(3)(d)5.b.
   15         (b)(2) Unsafely or improperly changing lanes as defined in
   16  s. 316.085.
   17         (c)(3) Following another vehicle too closely as defined in
   18  s. 316.0895(1).
   19         (d)(4) Failing to yield the right-of-way as defined in s.
   20  316.079, s. 316.0815, or s. 316.123.
   21         (e)(5) Improperly passing as defined in s. 316.083, s.
   22  316.084, or s. 316.085.
   23         (f)(6) Violating traffic control and signal devices as
   24  defined in ss. 316.074 and 316.075.
   25         (g)Operating a motor vehicle while texting as described in
   26  s. 316.305(3)(a).
   27         (h)Operating a motor vehicle in violation of restrictions
   28  imposed under s. 322.16(1)(a) or (b).
   29         (3)As used in this section, the term:
   30         (a)Serious bodily injury” means an injury to another
   31  person which consists of a physical condition that creates a
   32  substantial risk of death, serious personal disfigurement, or
   33  protracted loss or impairment of the function of any bodily
   34  member or organ.
   35         (b)“Vulnerable road user” has the same meaning as in s.
   36  316.027(1).
   37         (4)A person who commits aggressive careless driving shall
   38  be cited for a moving violation, punishable as provided in
   39  chapter 318.
   40         (5)A person who commits aggressive careless driving and
   41  who, by reason of such operation, causes:
   42         (a) Damage to the property or person of another commits a
   43  misdemeanor of the second degree, punishable as provided in s.
   44  775.082 or s. 775.083.
   45         (b) Serious bodily injury to a vulnerable road user commits
   46  a misdemeanor of the first degree, punishable as provided in s.
   47  775.082 or s. 775.083 and, upon conviction, shall pay a fine of
   48  not less than $3,000, be imprisoned for at least 6 months for a
   49  first conviction, and attend a department-approved driver
   50  improvement course that contains curriculum instruction
   51  specifically addressing the rights of vulnerable road users
   52  relative to vehicles on the roadway as provided in s.
   53  322.0261(2). The court shall also revoke the person’s driver
   54  license for at least 1 year. The fine must be remitted to the
   55  Department of Revenue for deposit in the Chet Smith Bike Path
   56  Trust Fund.
   57         (c)Death to a vulnerable road user commits a felony of the
   58  third degree, punishable as provided in s. 775.082, s. 775.083,
   59  or s. 775.084 and, upon conviction, shall pay a fine of not less
   60  than $5,000, be imprisoned for at least 1 year for a first
   61  conviction, and attend a department-approved driver improvement
   62  course that contains curriculum instruction specifically
   63  addressing the rights of vulnerable road users relative to
   64  vehicles on the roadway as provided in s. 322.0261(2). The court
   65  shall also revoke the person’s driver license for at least 2
   66  years. The fine must be remitted to the Department of Revenue
   67  for deposit in the Chet Smith Bike Path Trust Fund.
   68         (6)In addition to any other punishment, the court may
   69  order a person convicted under subsection (5) to serve 120
   70  community service hours under the supervision of a registered
   71  nurse, an emergency room physician, or an emergency medical
   72  technician in a voluntary community service program operated by
   73  a trauma center or hospital that regularly receives victims of
   74  vehicle accidents.
   75         (7)This section does not prohibit a person from being
   76  charged with, convicted of, or punished for any other violation.
   77         (8)A conviction under this section does not bar any civil
   78  suit for damages against the person so convicted.
   79         Section 2. Section 775.0835, Florida Statutes, is amended
   80  to read:
   81         775.0835 Fines; surcharges; deposit into Crimes
   82  Compensation Trust Fund; exception.—
   83         (1) When any person pleads guilty or nolo contendere to, or
   84  is convicted of, any felony or misdemeanor under the laws of
   85  this state which resulted in the injury or death of another
   86  person, the court may, if it finds that the defendant has the
   87  present ability to pay the fine and finds that the impact of the
   88  fine upon the defendant’s dependents will not cause such
   89  dependents to be dependent on public welfare, in addition to any
   90  other penalty, order the defendant to pay a fine, commensurate
   91  with the offense committed and with the probable impact upon the
   92  victim, but not to exceed $10,000. The fine shall be remitted to
   93  the Department of Revenue for deposit in the Crimes Compensation
   94  Trust Fund.
   95         (2) Notwithstanding subsection (1), fines collected under
   96  s. 318.195 must be remitted to the Department of Revenue for
   97  deposit in the Chet Smith Bike Path Trust Fund.
   98         (3) The additional $50 obligation created by s. 938.03
   99  shall be collected, and $49 of each $50 collected shall be
  100  remitted to the Department of Revenue for deposit in the Crimes
  101  Compensation Trust Fund, prior to any fine or surcharge
  102  authorized by this chapter. These costs are considered assessed
  103  unless specifically waived by the court. If the court does not
  104  order these costs, it shall state on the record, in detail, the
  105  reasons therefor.
  106         Section 3. Paragraph (f) of subsection (3) of section
  107  921.0022, Florida Statutes, is amended to read:
  108         921.0022 Criminal Punishment Code; offense severity ranking
  109  chart.—
  111         (f) LEVEL 6
  113  FloridaStatute              FelonyDegree        Description        
  114  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  115  316.1923(5)(c)                   3rd     Aggressive careless driving resulting in death of a vulnerable road user.
  116  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  117  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  118  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  119  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  120  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  121  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  122  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  123  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  124  784.041                          3rd     Felony battery; domestic battery by strangulation.
  125  784.048(3)                       3rd     Aggravated stalking; credible threat.
  126  784.048(5)                       3rd     Aggravated stalking of person under 16.
  127  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  128  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  129  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  130  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  131  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  132  784.083(2)                       2nd     Aggravated assault on code inspector.
  133  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  134  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  135  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  136  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  137  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  138  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  139  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  140  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  141  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  142  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  143  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  144  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  145  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  146  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  147  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  148  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  149  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  150  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  151  817.49(2)(b)2.                   2nd     Willful making of a false report of a crime resulting in death.
  152  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  153  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  154  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  155  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  156  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  157  827.03(2)(c)                     3rd     Abuse of a child.         
  158  827.03(2)(d)                     3rd     Neglect of a child.       
  159  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  160  836.05                           2nd     Threats; extortion.       
  161  836.10                           2nd     Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  162  843.12                           3rd     Aids or assists person to escape.
  163  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  164  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  165  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  166  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  167  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  168  944.40                           2nd     Escapes.                  
  169  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  170  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  171  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  174         Section 4. This act shall take effect October 1, 2022, only
  175  if SB ____ or similar legislation is adopted in the same
  176  legislative session or an extension thereof and becomes a law.
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete everything before the enacting clause
  181  and insert:
  182                        A bill to be entitled                      
  183         An act relating to aggressive careless driving;
  184         amending s. 316.1923, F.S.; providing a short title;
  185         revising the definition of the term “aggressive
  186         careless driving”; defining the terms “serious bodily
  187         injury” and “vulnerable road user”; providing a civil
  188         penalty for aggressive careless driving; providing a
  189         criminal penalty for aggressive careless driving
  190         resulting in damage to the property or person of
  191         another; providing criminal and civil penalties for
  192         aggressive careless driving resulting in serious
  193         bodily injury or death to a vulnerable road user;
  194         requiring that fines be deposited in a specified trust
  195         fund; authorizing a court to order certain persons to
  196         perform certain community service; providing
  197         construction; amending s. 775.0835, F.S.; conforming a
  198         provision to changes made by the act; amending s.
  199         921.0022, F.S.; ranking an offense created by the act
  200         on the offense severity ranking chart of the Criminal
  201         Punishment Code; providing a contingent effective
  202         date.