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       Florida Senate - 2010                              CS for SB 482
       By the Committee on Health Regulation; and Senator Bennett
       588-03760-10                                           2010482c1
    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         requiring the Department of Highway Safety and Motor
    6         Vehicles to provide information about the Highway
    7         Safety Act in driver’s license educational materials;
    8         amending s. 316.003, F.S.; defining the term “road
    9         rage”; amending s. 316.083, F.S.; requiring an
   10         operator of a motor vehicle to yield the left lane
   11         when being overtaken on a multilane highway; providing
   12         exceptions; amending s. 316.1923, F.S.; revising the
   13         number of specified acts necessary to qualify as an
   14         aggressive careless driver; providing specified
   15         punishments for aggressive careless driving;
   16         specifying the allocation of moneys received from the
   17         increased fine imposed for aggressive careless
   18         driving; reenacting s. 316.650(1)(a), F.S., relating
   19         to traffic citations, to incorporate the amendments
   20         made to s. 316.1923, F.S., in a reference thereto;
   21         amending s. 318.1451, F.S.; requiring driver
   22         improvement schools to collect a fee from certain
   23         persons taking a basic driver improvement course;
   24         providing for such fees to be used to provide signage
   25         and educational materials relating to the act;
   26         amending s. 318.19, F.S.; providing that a second or
   27         subsequent infraction as an aggressive careless driver
   28         requires attendance at a mandatory hearing; providing
   29         for the disposition of the increased penalties;
   30         amending s. 320.697, F.S.; authorizing actions for
   31         civil damages against motor vehicle dealers; amending
   32         s. 322.05, F.S.; requiring certain persons under 18
   33         years of age to complete a basic driver improvement
   34         course before being issued a driver’s license;
   35         providing an exception; providing an effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. This act may be cited as the “Highway Safety
   40  Act.”
   41         Section 2. The Legislature finds that road rage and
   42  aggressive careless driving are a growing threat to the health,
   43  safety, and welfare of the public. The intent of the Legislature
   44  is to reduce road rage and aggressive careless driving, reduce
   45  the incidence of drivers’ interfering with the movement of
   46  traffic, minimize crashes, and promote the orderly, free flow of
   47  traffic on the roads and highways of the state.
   48         Section 3. The Department of Highway Safety and Motor
   49  Vehicles shall provide information about the Highway Safety Act
   50  in all newly printed driver’s license educational materials
   51  after October 1, 2010.
   52         Section 4. Subsection (86) is added to section 316.003,
   53  Florida Statutes, to read:
   54         316.003 Definitions.—The following words and phrases, when
   55  used in this chapter, shall have the meanings respectively
   56  ascribed to them in this section, except where the context
   57  otherwise requires:
   58         (86) ROAD RAGE.—The act of a driver or passenger to
   59  intentionally or unintentionally, due to a loss of emotional
   60  control, injure or kill another driver, passenger, or
   61  pedestrian, or to attempt or threaten to injure or kill another
   62  driver, passenger, or pedestrian.
   63         Section 5. Present subsection (3) of section 316.083,
   64  Florida Statutes, is redesignated as subsection (4), and a new
   65  subsection (3) is added to that section, to read:
   66         316.083 Overtaking and passing a vehicle.—The following
   67  rules shall govern the overtaking and passing of vehicles
   68  proceeding in the same direction, subject to those limitations,
   69  exceptions, and special rules hereinafter stated:
   70         (3)(a) On roads, streets, or highways having two or more
   71  lanes that allow movement in the same direction, a driver may
   72  not continue to operate a motor vehicle in the furthermost left
   73  hand lane if the driver knows, or reasonably should know, that
   74  he or she is being overtaken in that lane from the rear by a
   75  motor vehicle traveling at a higher rate of speed.
   76         (b) Paragraph (a) does not apply to a driver operating a
   77  motor vehicle in the furthermost left-hand lane if:
   78         1. The driver is driving the legal speed limit and is not
   79  impeding the flow of traffic in the furthermost left-hand lane;
   80         2. The driver is in the process of overtaking a slower
   81  motor vehicle in the adjacent right-hand lane for the purpose of
   82  passing the slower moving vehicle so that the driver may move to
   83  the adjacent right-hand lane;
   84         3. Conditions make the flow of traffic substantially the
   85  same in all lanes or preclude the driver from moving to the
   86  adjacent right-hand lane;
   87         4. The driver’s movement to the adjacent right-hand lane
   88  could endanger the driver or other drivers;
   89         5. The driver is directed by a law enforcement officer,
   90  road sign, or road crew to remain in the furthermost left-hand
   91  lane; or
   92         6. The driver is preparing to make a left turn.
   93         (c)A driver who violates s. 316.183 and this subsection
   94  simultaneously shall receive a uniform traffic citation solely
   95  under s. 316.183.
   96         Section 6. Section 316.1923, Florida Statutes, is amended
   97  to read:
   98         316.1923 Aggressive careless driving.—
   99         (1) “Aggressive careless driving” means committing three
  100  two or more of the following acts simultaneously or in
  101  succession:
  102         (a)(1) Exceeding the posted speed as defined in s.
  103  322.27(3)(d)5.b.
  104         (b)(2) Unsafely or improperly changing lanes as defined in
  105  s. 316.085.
  106         (c)(3) Following another vehicle too closely as defined in
  107  s. 316.0895(1).
  108         (d)(4) Failing to yield the right-of-way as defined in s.
  109  316.079, s. 316.0815, or s. 316.123.
  110         (e)(5) Improperly passing or failing to yield to overtaking
  111  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
  112         (f)(6) Violating traffic control and signal devices as
  113  defined in ss. 316.074 and 316.075.
  114         (2) Any person convicted of aggressive careless driving
  115  shall be cited for a moving violation and punished as provided
  116  in chapter 318, and by the accumulation of points as provided in
  117  s. 322.27, for each act of aggressive careless driving.
  118         (3) In addition to any fine or points administered under
  119  subsection (2), a person convicted of aggressive careless
  120  driving shall also pay:
  121         (a) Upon a first violation, a fine of $100.
  122         (b) Upon a second or subsequent conviction, a fine of not
  123  less than $250 but not more than $500 and be subject to a
  124  mandatory hearing under s. 318.19.
  125         (4) The clerk of the court shall remit the moneys collected
  126  from the increased fine imposed by subsection (3) to the
  127  Department of Revenue for deposit into the Department of Health
  128  Administrative Trust Fund. Of the funds deposited into the
  129  Department of Health Administrative Trust Fund, $200,000 in the
  130  first year after this act takes effect, and $50,000 in the
  131  second and third years, shall be transferred to the Department
  132  of Highway Safety and Motor Vehicles General Revenue Fund to
  133  offset the cost of providing educational materials related to
  134  this act. All other funds deposited into the Administrative
  135  Trust Fund under this section shall be used to provide financial
  136  support to verified trauma centers to ensure the availability
  137  and accessibility of trauma services throughout the state and
  138  shall be allocated as follows:
  139         (a) Twenty-five percent shall be allocated equally among
  140  all Level I, Level II, and pediatric trauma centers in
  141  recognition of readiness costs for maintaining trauma services.
  142         (b) Twenty-five percent shall be allocated among Level I,
  143  Level II, and pediatric trauma centers based on each center’s
  144  relative volume of trauma cases as reported in the Department of
  145  Health Trauma Registry.
  146         (c) Twenty-five percent shall be transferred to the
  147  Emergency Medical Services Trust Fund and used by the Department
  148  of Health for making matching grants to emergency medical
  149  services organizations as defined in s. 401.107.
  150         (d) Twenty-five percent shall be transferred to the
  151  Emergency Medical Services Trust Fund and made available to
  152  rural emergency medical services as defined in s. 401.107, and
  153  shall be used solely to improve and expand prehospital emergency
  154  medical services in this state. Additionally, these moneys may
  155  be used for the improvement, expansion, or continuation of
  156  services provided.
  157         Section 7. For the purpose of incorporating the amendments
  158  made by this act to section 316.1923, Florida Statutes, in a
  159  reference thereto, paragraph (a) of subsection (1) of section
  160  316.650, Florida Statutes, is reenacted to read:
  161         316.650 Traffic citations.—
  162         (1)(a) The department shall prepare and supply to every
  163  traffic enforcement agency in this state an appropriate form
  164  traffic citation that contains a notice to appear, is issued in
  165  prenumbered books, meets the requirements of this chapter or any
  166  laws of this state regulating traffic, and is consistent with
  167  the state traffic court rules and the procedures established by
  168  the department. The form shall include a box that is to be
  169  checked by the law enforcement officer when the officer believes
  170  that the traffic violation or crash was due to aggressive
  171  careless driving as defined in s. 316.1923. The form shall also
  172  include a box that is to be checked by the law enforcement
  173  officer when the officer writes a uniform traffic citation for a
  174  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  175  the driver failing to stop at a traffic signal.
  176         Section 8. Subsection (4) of section 318.1451, Florida
  177  Statutes, is amended to read:
  178         318.1451 Driver improvement schools.—
  179         (4)(a) In addition to a regular course fee, an assessment
  180  fee in the amount of $2.50 shall be collected by the school from
  181  each person who elects to attend a course, as it relates to ss.
  182  318.14(9), 322.0261, 322.291, and 627.06501, which shall be
  183  remitted to the Department of Highway Safety and Motor Vehicles
  184  and deposited in the Highway Safety Operating Trust Fund to
  185  administer this program and to fund the general operations of
  186  the department.
  187         (b) In addition to a regular course fee, an assessment fee
  188  in the amount of $2.50 shall be collected by the school from
  189  each person who attends a course, as it relates to 322.05(3),
  190  which shall be remitted to the Department of Highway Safety and
  191  Motor Vehicles and deposited in the Highway Safety Operating
  192  Trust Fund to fund the signage and educational requirements of
  193  section 3 of this act.
  194         Section 9. Section 318.19, Florida Statutes, is amended to
  195  read:
  196         318.19 Infractions requiring a mandatory hearing.—Any
  197  person cited for the infractions listed in this section shall
  198  not have the provisions of s. 318.14(2), (4), and (9) available
  199  to him or her but must appear before the designated official at
  200  the time and location of the scheduled hearing:
  201         (1) Any infraction which results in a crash that causes the
  202  death of another;
  203         (2) Any infraction which results in a crash that causes
  204  “serious bodily injury” of another as defined in s. 316.1933(1);
  205         (3) Any infraction of s. 316.172(1)(b);
  206         (4) Any infraction of s. 316.520(1) or (2); or
  207         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  208  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  209         (6) A second or subsequent infraction of s. 316.1923(1).
  210         Section 10. Section 320.697, Florida Statutes, is amended
  211  to read:
  212         320.697 Civil damages.—Any person who has suffered
  213  pecuniary loss or who has been otherwise adversely affected
  214  because of a violation by a licensee or motor vehicle dealer of
  215  ss. 320.60-320.70, notwithstanding the existence of any other
  216  remedies under ss. 320.60-320.70, has a cause of action against
  217  the licensee or motor vehicle dealer for damages and may recover
  218  actual damages therefor in any court of competent jurisdiction
  219  in an amount equal to 3 times the pecuniary loss, together with
  220  costs and a reasonable attorney’s fee to be assessed by the
  221  court. Upon a prima facie showing by the person bringing the
  222  action that such a violation by the licensee or motor vehicle
  223  dealer has occurred, the burden of proof shall then be upon the
  224  licensee or motor vehicle dealer to prove that such violation or
  225  unfair practice did not occur.
  226         Section 11. Subsection (3) of section 322.05, Florida
  227  Statutes, is amended to read:
  228         322.05 Persons not to be licensed.—The department may not
  229  issue a license:
  230         (3) To a person who is at least 16 years of age but who is
  231  under 18 years of age, unless:
  232         (a) The person provides proof of successfully completing a
  233  basic driver improvement course that meets the requirements of
  234  s. 318.1451 within 3 months before the date the person applied
  235  for licensure; and
  236         (b) The parent, guardian, or other responsible adult
  237  meeting the requirements of s. 322.09 certifies that he or she,
  238  or another licensed driver 21 years of age or older, has
  239  accompanied the applicant for a total of not less than 50 hours’
  240  behind-the-wheel experience, of which not less than 10 hours
  241  must be at night. This paragraph subsection is not intended to
  242  create a private cause of action as a result of the
  243  certification. The certification is inadmissible for any purpose
  244  in any civil proceeding.
  246  Paragraph (a) does not apply to a person who has been licensed
  247  in any other jurisdiction or who has satisfactorily completed a
  248  Department of Education driver’s education course offered
  249  pursuant to s. 1003.48.
  250         Section 12. This act shall take effect October 1, 2010.

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