Florida Senate - 2025                                    SB 1782
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01705A-25                                          20251782__
    1                        A bill to be entitled                      
    2         An act relating to traffic enforcement; amending s.
    3         316.192, F.S.; providing that exceeding the posted
    4         speed limit by a specified amount or more is reckless
    5         driving per se; providing that operating a motor
    6         vehicle in a certain manner is reckless driving per
    7         se; increasing the fines that may be imposed upon
    8         first and subsequent convictions of reckless driving;
    9         requiring the sentencing court to revoke the
   10         authorization and privilege to operate a motor vehicle
   11         for specified periods upon first and subsequent
   12         convictions of reckless driving; authorizing a law
   13         enforcement officer to impound a motor vehicle for a
   14         specified period of time under certain circumstances;
   15         requiring the law enforcement officer to notify the
   16         Department of Highway Safety and Motor Vehicles of
   17         such impoundment; amending s. 318.14, F.S.;
   18         authorizing, rather than requiring, an officer to
   19         indicate the applicable civil penalties on certain
   20         traffic citations; requiring the sentencing court to
   21         revoke the authorization and privilege to operate a
   22         motor vehicle for a specified period upon citation for
   23         certain moving violations; amending s. 318.19, F.S.;
   24         requiring persons cited for certain moving violations
   25         to attend mandatory hearings; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (2) of section 316.192, Florida
   31  Statutes, is amended, and paragraphs (c), (d), and (e) are added
   32  to subsection (1) and subsection (6) is added to that section,
   33  to read:
   34         316.192 Reckless driving.—
   35         (1)
   36         (c) Exceeding the posted speed limit by 50 miles per hour
   37  or more is reckless driving per se.
   38         (d) Operating a motor vehicle in excess of 100 miles per
   39  hour while passing another vehicle or changing lanes is reckless
   40  driving per se.
   41         (e) Operating a motor vehicle on any street or roadway
   42  other than a limited access highway while exceeding the posted
   43  speed limit by 35 miles per hour or more is reckless driving per
   44  se.
   45         (2) Except as provided in subsection (3), any person
   46  convicted of reckless driving shall be punished:
   47         (a) Upon a first conviction, by imprisonment for a period
   48  of not more than 90 days or by fine of not less than $1,000 $25
   49  nor more than $500, or by both such fine and imprisonment. In
   50  addition, the court shall revoke the person’s authorization and
   51  privilege to operate a motor vehicle for a period of 6 months.
   52         (b) On a second or subsequent conviction, by imprisonment
   53  for not more than 6 months or by a fine of not less than $2,500
   54  $50 nor more than $1,000, or by both such fine and imprisonment.
   55  In addition, the court shall revoke the person’s authorization
   56  and privilege to operate a motor vehicle for a period of 1 year.
   57         (6) If a law enforcement officer arrests or issues a
   58  criminal citation to the operator of a motor vehicle used in
   59  violation of subsection (1), such motor vehicle may be impounded
   60  for a period of 30 business days. If the law enforcement officer
   61  finds that the criteria of this subsection are met, the law
   62  enforcement officer may immediately impound the motor vehicle.
   63  The law enforcement officer shall notify the Department of
   64  Highway Safety and Motor Vehicles of any such impoundment in
   65  accordance with procedures established by the department.
   66  Section 316.191(5)(a) and (b) applies to such impoundment.
   67         Section 2. Subsection (2) and paragraph (a) of subsection
   68  (13) of section 318.14, Florida Statutes, are amended to read:
   69         318.14 Noncriminal traffic infractions; exception;
   70  procedures.—
   71         (2) Except as provided in ss. 316.1001(2), 316.0083,
   72  316.173, and 316.1896, any person cited for a violation
   73  requiring a mandatory hearing listed in s. 318.19 or any other
   74  criminal traffic violation listed in chapter 316 must sign and
   75  accept a citation indicating a promise to appear. The officer
   76  may indicate on the traffic citation the time and location of
   77  the scheduled hearing and must indicate the applicable civil
   78  penalty established in s. 318.18. For all other infractions
   79  under this section, except for infractions under s. 316.1001,
   80  the officer must certify by electronic, electronic facsimile, or
   81  written signature that the citation was delivered to the person
   82  cited. This certification is prima facie evidence that the
   83  person cited was served with the citation.
   84         (13)(a) A person cited for a violation of s. 316.1926
   85  shall, in addition to any other requirements provided in this
   86  section, pay a fine of $1,000. This fine is in lieu of the fine
   87  required under s. 318.18(3)(b), if the person was cited for
   88  violation of s. 316.1926(2). In addition, the court shall revoke
   89  the person’s authorization and privilege to operate a motor
   90  vehicle for a period of 6 months.
   91         Section 3. Section 318.19, Florida Statutes, is amended to
   92  read:
   93         318.19 Infractions requiring a mandatory hearing.—A Any
   94  person cited for any infraction the infractions listed in this
   95  section does shall not have the provisions of s. 318.14(2), (4),
   96  and (9) available to him or her but must appear before the
   97  designated official at the time and location of the scheduled
   98  hearing:
   99         (1) Any infraction which results in a crash that causes the
  100  death of another.;
  101         (2) Any infraction which results in a crash that causes
  102  “serious bodily injury” of another as defined in s.
  103  316.1933(1).;
  104         (3) Any infraction of s. 316.172(1)(b).;
  105         (4) Any infraction of s. 316.520(1) or (2).; or
  106         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  107  316.189 of exceeding the speed limit by 30 miles per hour mph or
  108  more.
  109         (6) Any infraction of s. 316.1926.
  110         Section 4. This act shall take effect July 1, 2025.