August 11, 2020
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       Florida Senate - 2010                                     SB 482
       
       
       
       By Senator Bennett
       
       
       
       
       21-00258A-10                                           2010482__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; creating the
    3         “Highway Safety Act”; providing legislative intent
    4         relating to road rage and aggressive careless driving;
    5         amending s. 316.003, F.S.; defining the term “road
    6         rage”; amending s. 316.083, F.S.; requiring an
    7         operator of a motor vehicle to yield the left lane
    8         when being overtaken on a multilane highway; providing
    9         exceptions; amending s. 316.1923, F.S.; revising the
   10         number of specified acts necessary to qualify as an
   11         aggressive careless driver; providing specified
   12         punishments for aggressive careless driving;
   13         specifying the allocation of moneys received from the
   14         increased fine imposed for aggressive careless
   15         driving; amending s. 318.19, F.S.; providing that a
   16         second or subsequent infraction as an aggressive
   17         careless driver requires attendance at a mandatory
   18         hearing; providing for the disposition of the
   19         increased penalties; requiring the Department of
   20         Highway Safety and Motor Vehicles to provide
   21         information about the Highway Safety Act in driver’s
   22         license educational materials; reenacting s.
   23         316.650(1)(a), F.S., relating to traffic citations, to
   24         incorporate the amendments made to s. 316.1923, F.S.,
   25         in a reference thereto; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. This act may be cited as the “Highway Safety
   30  Act.”
   31         Section 2. The Legislature finds that road rage and
   32  aggressive careless driving are a growing threat to the health,
   33  safety, and welfare of the public. The intent of the Legislature
   34  is to reduce road rage and aggressive careless driving, reduce
   35  the incidence of drivers’ interfering with the movement of
   36  traffic, minimize crashes, and promote the orderly, free flow of
   37  traffic on the roads and highways of the state.
   38         Section 3. Subsection (86) is added to section 316.003,
   39  Florida Statutes, to read:
   40         316.003 Definitions.—The following words and phrases, when
   41  used in this chapter, shall have the meanings respectively
   42  ascribed to them in this section, except where the context
   43  otherwise requires:
   44         (86) ROAD RAGE.—The act of a driver or passenger to
   45  intentionally or unintentionally, due to a loss of emotional
   46  control, injure or kill another driver, passenger, or
   47  pedestrian, or to attempt or threaten to injure or kill another
   48  driver, passenger, or pedestrian.
   49         Section 4. Present subsection (3) of section 316.083,
   50  Florida Statutes, is redesignated as subsection (4), and a new
   51  subsection (3) is added to that section, to read:
   52         316.083 Overtaking and passing a vehicle.—The following
   53  rules shall govern the overtaking and passing of vehicles
   54  proceeding in the same direction, subject to those limitations,
   55  exceptions, and special rules hereinafter stated:
   56         (3)(a) On roads, streets, or highways having two or more
   57  lanes that allow movement in the same direction, a driver may
   58  not continue to operate a motor vehicle in the furthermost left
   59  hand lane if the driver knows, or reasonably should know, that
   60  he or she is being overtaken in that lane from the rear by a
   61  motor vehicle traveling at a higher rate of speed.
   62         (b) Paragraph (a) does not apply to a driver operating a
   63  motor vehicle in the furthermost left-hand lane if:
   64         1. The driver is driving the legal speed limit and is not
   65  impeding the flow of traffic in the furthermost left-hand lane;
   66         2. The driver is in the process of overtaking a slower
   67  motor vehicle in the adjacent right-hand lane for the purpose of
   68  passing the slower moving vehicle so that the driver may move to
   69  the adjacent right-hand lane;
   70         3. Conditions make the flow of traffic substantially the
   71  same in all lanes or preclude the driver from moving to the
   72  adjacent right-hand lane;
   73         4. The driver’s movement to the adjacent right-hand lane
   74  could endanger the driver or other drivers;
   75         5. The driver is directed by a law enforcement officer,
   76  road sign, or road crew to remain in the furthermost left-hand
   77  lane; or
   78         6. The driver is preparing to make a left turn.
   79         (c)A driver who violates s. 316.183 and this subsection
   80  simultaneously shall receive a uniform traffic citation solely
   81  under s. 316.183.
   82         Section 5. Section 316.1923, Florida Statutes, is amended
   83  to read:
   84         316.1923 Aggressive careless driving.—
   85         (1) “Aggressive careless driving” means committing three
   86  two or more of the following acts simultaneously or in
   87  succession:
   88         (a)(1) Exceeding the posted speed as defined in s.
   89  322.27(3)(d)5.b.
   90         (b)(2) Unsafely or improperly changing lanes as defined in
   91  s. 316.085.
   92         (c)(3) Following another vehicle too closely as defined in
   93  s. 316.0895(1).
   94         (d)(4) Failing to yield the right-of-way as defined in s.
   95  316.079, s. 316.0815, or s. 316.123.
   96         (e)(5) Improperly passing or failing to yield to overtaking
   97  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
   98         (f)(6) Violating traffic control and signal devices as
   99  defined in ss. 316.074 and 316.075.
  100         (2) Any person convicted of aggressive careless driving
  101  shall be cited for a moving violation and punished as provided
  102  in chapter 318, and by the accumulation of points as provided in
  103  s. 322.27, for each act of aggressive careless driving.
  104         (3) In addition to any fine or points administered under
  105  subsection (2), a person convicted of aggressive careless
  106  driving shall also pay:
  107         (a) Upon a first violation, a fine of $100.
  108         (b) Upon a second or subsequent conviction, a fine of not
  109  less than $250 but not more than $500 and be subject to a
  110  mandatory hearing under s. 318.19.
  111         (4) Of the moneys received from the increased fine imposed
  112  by subsection (3), $200,000 in the first year after this act
  113  takes effect and $50,000 in the second and third years shall be
  114  remitted to the Department of Highway Safety and Motor Vehicles
  115  to offset the cost of providing educational materials related to
  116  this act. Any additional moneys shall be remitted to the
  117  Department of Revenue and deposited into the Department of
  118  Health Administrative Trust Fund to provide financial support to
  119  verified trauma centers to ensure the availability and
  120  accessibility of trauma services throughout the state. Funds
  121  deposited into the Administrative Trust Fund under this section
  122  shall be allocated as follows:
  123         (a) Twenty-five percent shall be allocated equally among
  124  all Level I, Level II, and pediatric trauma centers in
  125  recognition of readiness costs for maintaining trauma services.
  126         (b) Twenty-five percent shall be allocated among Level I,
  127  Level II, and pediatric trauma centers based on each center’s
  128  relative volume of trauma cases as reported in the Department of
  129  Health Trauma Registry.
  130         (c) Twenty-five percent shall be transferred to the
  131  Emergency Medical Services Trust Fund and used by the department
  132  for making matching grants to emergency medical services
  133  organizations as defined in s. 401.107.
  134         (d) Twenty-five percent shall be transferred to the
  135  Emergency Medical Services Trust Fund and made available to
  136  rural emergency medical services as defined in s. 401.107, and
  137  shall be used solely to improve and expand prehospital emergency
  138  medical services in this state. Additionally, these moneys may
  139  be used for the improvement, expansion, or continuation of
  140  services provided.
  141         Section 6. Section 318.19, Florida Statutes, is amended to
  142  read:
  143         318.19 Infractions requiring a mandatory hearing.—Any
  144  person cited for the infractions listed in this section shall
  145  not have the provisions of s. 318.14(2), (4), and (9) available
  146  to him or her but must appear before the designated official at
  147  the time and location of the scheduled hearing:
  148         (1) Any infraction which results in a crash that causes the
  149  death of another;
  150         (2) Any infraction which results in a crash that causes
  151  “serious bodily injury” of another as defined in s. 316.1933(1);
  152         (3) Any infraction of s. 316.172(1)(b);
  153         (4) Any infraction of s. 316.520(1) or (2); or
  154         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  155  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  156         (6) A second or subsequent infraction of s. 316.1923(1).
  157         Section 7. The Department of Highway Safety and Motor
  158  Vehicles shall provide information about the Highway Safety Act
  159  in all newly printed driver’s license educational materials
  160  after October 1, 2010.
  161         Section 8. For the purpose of incorporating the amendments
  162  made by this act to section 316.1923, Florida Statutes, in a
  163  reference thereto, paragraph (a) of subsection (1) of section
  164  316.650, Florida Statutes, is reenacted to read:
  165         316.650 Traffic citations.—
  166         (1)(a) The department shall prepare and supply to every
  167  traffic enforcement agency in this state an appropriate form
  168  traffic citation that contains a notice to appear, is issued in
  169  prenumbered books, meets the requirements of this chapter or any
  170  laws of this state regulating traffic, and is consistent with
  171  the state traffic court rules and the procedures established by
  172  the department. The form shall include a box that is to be
  173  checked by the law enforcement officer when the officer believes
  174  that the traffic violation or crash was due to aggressive
  175  careless driving as defined in s. 316.1923. The form shall also
  176  include a box that is to be checked by the law enforcement
  177  officer when the officer writes a uniform traffic citation for a
  178  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  179  the driver failing to stop at a traffic signal.
  180         Section 9. This act shall take effect July 1, 2010.

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