Florida Senate - 2022                                     SB 476
       By Senator Pizzo
       38-00543-22                                            2022476__
    1                        A bill to be entitled                      
    2         An act relating to aggressive careless driving;
    3         amending s. 316.1923, F.S.; providing a short title;
    4         revising the definition of the term “aggressive
    5         careless driving”; providing a civil penalty for
    6         aggressive careless driving; providing criminal
    7         penalties for aggressive careless driving resulting in
    8         damage to property or person, serious bodily injury,
    9         or death; defining the term “serious bodily injury”;
   10         amending s. 921.0022, F.S.; ranking an offense created
   11         by the act on the offense severity ranking chart of
   12         the Criminal Punishment Code; providing an effective
   13         date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 316.1923, Florida Statutes, is amended
   18  to read:
   19         316.1923 Aggressive careless driving.—
   20         (1)This section may be cited as the “Anthony Reznik Act.”
   21         (2)As used in this chapter, the term “aggressive careless
   22  driving” means committing two or more of the following acts
   23  simultaneously or in succession:
   24         (a)(1) Exceeding the posted speed as defined in s.
   25  322.27(3)(d)5.b.
   26         (b)(2) Unsafely or improperly changing lanes as defined in
   27  s. 316.085.
   28         (c)(3) Following another vehicle too closely as defined in
   29  s. 316.0895(1).
   30         (d)(4) Failing to yield the right-of-way as defined in s.
   31  316.079, s. 316.0815, or s. 316.123.
   32         (e)(5) Improperly passing as defined in s. 316.083, s.
   33  316.084, or s. 316.085.
   34         (f)(6) Violating traffic control and signal devices as
   35  defined in ss. 316.074 and 316.075.
   36         (g)Operating a motor vehicle while texting as defined in
   37  s. 316.305(3)(a).
   38         (h)Operating a motor vehicle in violation of restrictions
   39  imposed under s. 322.16(1)(a) or (b).
   40         (3)A person who commits aggressive careless driving shall
   41  be cited for a moving violation, punishable as provided in
   42  chapter 318.
   43         (4)A person who commits aggressive careless driving and
   44  who, by reason of such operation, causes:
   45         (a) Damage to the property or person of another commits a
   46  misdemeanor of the second degree, punishable as provided in s.
   47  775.082 or s. 775.083.
   48         (b) Serious bodily injury to another person commits a
   49  misdemeanor of the first degree, punishable as provided in s.
   50  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
   51  the term “serious bodily injury” means an injury to another
   52  person which consists of a physical condition that creates a
   53  substantial risk of death, serious personal disfigurement, or
   54  protracted loss or impairment of the function of any bodily
   55  member or organ.
   56         (c)Death to another person commits a felony of the third
   57  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   58  775.084.
   59         Section 2. Paragraph (f) of subsection (3) of section
   60  921.0022, Florida Statutes, is amended to read:
   61         921.0022 Criminal Punishment Code; offense severity ranking
   62  chart.—
   64         (f) LEVEL 6
   66  FloridaStatute              FelonyDegree        Description        
   67  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
   68  316.1923(4)(c)                   3rd     Aggressive careless driving resulting in death.
   69  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
   70  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
   71  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
   72  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
   73  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
   74  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
   75  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
   76  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
   77  784.041                          3rd     Felony battery; domestic battery by strangulation.
   78  784.048(3)                       3rd     Aggravated stalking; credible threat.
   79  784.048(5)                       3rd     Aggravated stalking of person under 16.
   80  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
   81  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
   82  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
   83  784.081(2)                       2nd     Aggravated assault on specified official or employee.
   84  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
   85  784.083(2)                       2nd     Aggravated assault on code inspector.
   86  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
   87  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
   88  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
   89  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.
   90  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
   91  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
   92  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
   93  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.
   94  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
   95  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
   96  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
   97  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
   98  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
   99  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  100  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  101  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  102  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  103  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  104  817.49(2)(b)2.                   2nd     Willful making of a false report of a crime resulting in death.
  105  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  106  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  107  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  108  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  109  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  110  827.03(2)(c)                     3rd     Abuse of a child.         
  111  827.03(2)(d)                     3rd     Neglect of a child.       
  112  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  113  836.05                           2nd     Threats; extortion.       
  114  836.10                           2nd     Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  115  843.12                           3rd     Aids or assists person to escape.
  116  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  117  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  118  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  119  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  120  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.
  121  944.40                           2nd     Escapes.                  
  122  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  123  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  124  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  126         Section 3. This act shall take effect October 1, 2022.