Florida Senate - 2010                       CS for CS for SB 482
       By the Committees on Judiciary; and Health Regulation; and
       Senator Bennett
       590-04766-10                                           2010482c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; 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 19
   33         years of age to complete a basic driver improvement
   34         course before being issued a driver’s license;
   35         providing an exception; creating s. 335.199, F.S.;
   36         directing the Department of Transportation to notify
   37         certain property owners and local governmental
   38         entities of certain proposed projects before
   39         finalizing the design of certain transportation
   40         projects; providing a timeframe for notification;
   41         requiring the department to hold a public hearing and
   42         receive public input regarding the effects of the
   43         project on local businesses; directing the department
   44         to consider the comments in the final design of the
   45         project; providing an effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. This act may be cited as the “Highway Safety
   50  Act.”
   51         Section 2. The Legislature finds that road rage and
   52  aggressive careless driving are a growing threat to the health,
   53  safety, and welfare of the public. The intent of the Legislature
   54  is to reduce road rage and aggressive careless driving, reduce
   55  the incidence of drivers’ interfering with the movement of
   56  traffic, minimize crashes, and promote the orderly, free flow of
   57  traffic on the roads and highways of the state.
   58         Section 3. The Department of Highway Safety and Motor
   59  Vehicles shall provide information about the Highway Safety Act
   60  in all newly printed driver’s license educational materials
   61  after October 1, 2010.
   62         Section 4. Subsection (86) is added to section 316.003,
   63  Florida Statutes, to read:
   64         316.003 Definitions.—The following words and phrases, when
   65  used in this chapter, shall have the meanings respectively
   66  ascribed to them in this section, except where the context
   67  otherwise requires:
   68         (86) ROAD RAGE.—The act of a driver or passenger to
   69  intentionally or unintentionally, due to a loss of emotional
   70  control, injure or kill another driver, passenger, or
   71  pedestrian, or to attempt or threaten to injure or kill another
   72  driver, passenger, or pedestrian.
   73         Section 5. Present subsection (3) of section 316.083,
   74  Florida Statutes, is redesignated as subsection (4), and a new
   75  subsection (3) is added to that section, to read:
   76         316.083 Overtaking and passing a vehicle.—The following
   77  rules shall govern the overtaking and passing of vehicles
   78  proceeding in the same direction, subject to those limitations,
   79  exceptions, and special rules hereinafter stated:
   80         (3)(a) On roads, streets, or highways having two or more
   81  lanes that allow movement in the same direction, a driver may
   82  not continue to operate a motor vehicle in the furthermost left
   83  hand lane if the driver knows, or reasonably should know, that
   84  he or she is being overtaken in that lane from the rear by a
   85  motor vehicle traveling at a higher rate of speed.
   86         (b) Paragraph (a) does not apply to a driver operating a
   87  motor vehicle in the furthermost left-hand lane if:
   88         1. The driver is driving the legal speed limit and is not
   89  impeding the flow of traffic in the furthermost left-hand lane;
   90         2. The driver is in the process of overtaking a slower
   91  motor vehicle in the adjacent right-hand lane for the purpose of
   92  passing the slower moving vehicle so that the driver may move to
   93  the adjacent right-hand lane;
   94         3. Conditions make the flow of traffic substantially the
   95  same in all lanes or preclude the driver from moving to the
   96  adjacent right-hand lane;
   97         4. The driver’s movement to the adjacent right-hand lane
   98  could endanger the driver or other drivers;
   99         5. The driver is directed by a law enforcement officer,
  100  road sign, or road crew to remain in the furthermost left-hand
  101  lane; or
  102         6. The driver is preparing to make a left turn.
  103         (c)A driver who violates s. 316.183 and this subsection
  104  simultaneously shall receive a uniform traffic citation solely
  105  under s. 316.183.
  106         Section 6. Section 316.1923, Florida Statutes, is amended
  107  to read:
  108         316.1923 Aggressive careless driving.—
  109         (1) “Aggressive careless driving” means committing three
  110  two or more of the following acts simultaneously or in
  111  succession:
  112         (a)(1) Exceeding the posted speed as defined in s.
  113  322.27(3)(d)5.b.
  114         (b)(2) Unsafely or improperly changing lanes as defined in
  115  s. 316.085.
  116         (c)(3) Following another vehicle too closely as defined in
  117  s. 316.0895(1).
  118         (d)(4) Failing to yield the right-of-way as defined in s.
  119  316.079, s. 316.0815, or s. 316.123.
  120         (e)(5) Improperly passing or failing to yield to overtaking
  121  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
  122         (f)(6) Violating traffic control and signal devices as
  123  defined in ss. 316.074 and 316.075.
  124         (2) Any person convicted of aggressive careless driving
  125  shall be cited for a moving violation and punished as provided
  126  in chapter 318, and by the accumulation of points as provided in
  127  s. 322.27, for each act of aggressive careless driving.
  128         (3) In addition to any fine or points administered under
  129  subsection (2), a person convicted of aggressive careless
  130  driving shall also pay:
  131         (a) Upon a first conviction, a fine of $100.
  132         (b) Upon a second or subsequent conviction, a fine of not
  133  less than $250 but not more than $500 and be subject to a
  134  mandatory hearing under s. 318.19.
  135         (4) The clerk of the court shall remit the moneys collected
  136  from the increased fine imposed by subsection (3) to the
  137  Department of Revenue for deposit into the Department of Health
  138  Administrative Trust Fund. Of the funds deposited into the
  139  Department of Health Administrative Trust Fund, $200,000 in the
  140  first year after this act takes effect, and $50,000 in the
  141  second and third years, shall be transferred to the Department
  142  of Highway Safety and Motor Vehicles General Revenue Fund to
  143  offset the cost of providing educational materials related to
  144  this act. All other funds deposited into the Administrative
  145  Trust Fund under this section shall be used to provide financial
  146  support to verified trauma centers to ensure the availability
  147  and accessibility of trauma services throughout the state and
  148  shall be allocated as follows:
  149         (a) Twenty-five percent shall be allocated equally among
  150  all Level I, Level II, and pediatric trauma centers in
  151  recognition of readiness costs for maintaining trauma services.
  152         (b) Twenty-five percent shall be allocated among Level I,
  153  Level II, and pediatric trauma centers based on each center’s
  154  relative volume of trauma cases as reported in the Department of
  155  Health Trauma Registry.
  156         (c) Twenty-five percent shall be transferred to the
  157  Emergency Medical Services Trust Fund and used by the Department
  158  of Health for making matching grants to emergency medical
  159  services organizations as defined in s. 401.107.
  160         (d) Twenty-five percent shall be transferred to the
  161  Emergency Medical Services Trust Fund and made available to
  162  rural emergency medical services as defined in s. 401.107, and
  163  shall be used solely to improve and expand prehospital emergency
  164  medical services in this state. Additionally, these moneys may
  165  be used for the improvement, expansion, or continuation of
  166  services provided.
  167         Section 7. For the purpose of incorporating the amendments
  168  made by this act to section 316.1923, Florida Statutes, in a
  169  reference thereto, paragraph (a) of subsection (1) of section
  170  316.650, Florida Statutes, is reenacted to read:
  171         316.650 Traffic citations.—
  172         (1)(a) The department shall prepare and supply to every
  173  traffic enforcement agency in this state an appropriate form
  174  traffic citation that contains a notice to appear, is issued in
  175  prenumbered books, meets the requirements of this chapter or any
  176  laws of this state regulating traffic, and is consistent with
  177  the state traffic court rules and the procedures established by
  178  the department. The form shall include a box that is to be
  179  checked by the law enforcement officer when the officer believes
  180  that the traffic violation or crash was due to aggressive
  181  careless driving as defined in s. 316.1923. The form shall also
  182  include a box that is to be checked by the law enforcement
  183  officer when the officer writes a uniform traffic citation for a
  184  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  185  the driver failing to stop at a traffic signal.
  186         Section 8. Subsection (4) of section 318.1451, Florida
  187  Statutes, is amended to read:
  188         318.1451 Driver improvement schools.—
  189         (4)(a) In addition to a regular course fee, an assessment
  190  fee in the amount of $2.50 shall be collected by the school from
  191  each person who elects to attend a course, as it relates to ss.
  192  318.14(9), 322.0261, 322.291, and 627.06501, which shall be
  193  remitted to the Department of Highway Safety and Motor Vehicles
  194  and deposited in the Highway Safety Operating Trust Fund to
  195  administer this program and to fund the general operations of
  196  the department.
  197         (b) In addition to a regular course fee, an assessment fee
  198  in the amount of $2.50 shall be collected by the school from
  199  each person who attends a course, as it relates to 322.05(3),
  200  which shall be remitted to the Department of Highway Safety and
  201  Motor Vehicles and deposited in the Highway Safety Operating
  202  Trust Fund to fund the signage and educational requirements of
  203  section 3 of this act.
  204         Section 9. Section 318.19, Florida Statutes, is amended to
  205  read:
  206         318.19 Infractions requiring a mandatory hearing.—Any
  207  person cited for the infractions listed in this section shall
  208  not have the provisions of s. 318.14(2), (4), and (9) available
  209  to him or her but must appear before the designated official at
  210  the time and location of the scheduled hearing:
  211         (1) Any infraction which results in a crash that causes the
  212  death of another;
  213         (2) Any infraction which results in a crash that causes
  214  “serious bodily injury” of another as defined in s. 316.1933(1);
  215         (3) Any infraction of s. 316.172(1)(b);
  216         (4) Any infraction of s. 316.520(1) or (2); or
  217         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  218  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  219         (6) A second or subsequent infraction of s. 316.1923(1).
  220         Section 10. Section 320.697, Florida Statutes, is amended
  221  to read:
  222         320.697 Civil damages.—Any person who has suffered
  223  pecuniary loss or who has been otherwise adversely affected
  224  because of a violation by a licensee or motor vehicle dealer of
  225  ss. 320.60-320.70, notwithstanding the existence of any other
  226  remedies under ss. 320.60-320.70, has a cause of action against
  227  the licensee or motor vehicle dealer for damages and may recover
  228  actual damages therefor in any court of competent jurisdiction
  229  in an amount equal to 3 times the pecuniary loss, together with
  230  costs and a reasonable attorney’s fee to be assessed by the
  231  court. Upon a prima facie showing by the person bringing the
  232  action that such a violation by the licensee or motor vehicle
  233  dealer has occurred, the burden of proof shall then be upon the
  234  licensee or motor vehicle dealer to prove that such violation or
  235  unfair practice did not occur.
  236         Section 11. Subsection (3) of section 322.05, Florida
  237  Statutes, is amended to read:
  238         322.05 Persons not to be licensed.—The department may not
  239  issue a license:
  240         (3) To a person who is at least 16 years of age but who is
  241  under 19 18 years of age, unless:
  242         (a) The person provides proof of successfully completing a
  243  basic driver improvement course that meets the requirements of
  244  s. 318.1451 within 3 months before the date the person applied
  245  for licensure; and
  246         (b) The parent, guardian, or other responsible adult
  247  meeting the requirements of s. 322.09 certifies that he or she,
  248  or another licensed driver 21 years of age or older, has
  249  accompanied the applicant for a total of not less than 50 hours’
  250  behind-the-wheel experience, of which not less than 10 hours
  251  must be at night. This paragraph subsection is not intended to
  252  create a private cause of action as a result of the
  253  certification. The certification is inadmissible for any purpose
  254  in any civil proceeding.
  256  Paragraph (a) does not apply to a person who has been licensed
  257  in any other jurisdiction or who has satisfactorily completed a
  258  Department of Education driver’s education course offered
  259  pursuant to s. 1003.48.
  260         Section 12. Section 335.199, Florida Statutes, is created
  261  to read:
  262         335.199 Transportation projects modifying access to
  263  adjacent property.—
  264         (1) Whenever the Department of Transportation proposes any
  265  project on the State Highway System which will divide a state
  266  highway, erect median barriers modifying currently available
  267  vehicle turning movements, or have the effect of closing or
  268  modifying an existing access to an abutting property owner, the
  269  department shall notify all affected property owners,
  270  municipalities, and counties at least 180 days before the design
  271  of the project is finalized. The department’s notice shall
  272  provide a written explanation regarding the need for the project
  273  and indicate that all affected parties will be given an
  274  opportunity to provide comments to the department regarding
  275  potential impacts of the change.
  276         (2)(a) If the project is within the boundaries of a
  277  municipality, the notification shall be issued in writing to the
  278  chief elected official of the municipality. If the project is in
  279  the unincorporated area of a county, the notification shall be
  280  issued in writing to the chief elected official of the county.
  281         (b) The department must also consult with the applicable
  282  local government on its final design proposal if the department
  283  intends to divide a state highway, erect median barriers, or
  284  close or modify existing access to abutting commercial business
  285  properties. The local government may present the department with
  286  alternatives that relieve impacts to such business properties.
  287         (3) The department shall hold at least one public hearing
  288  in the jurisdiction where the project is located and receive
  289  public input to determine how the project will affect access to
  290  businesses and the potential economic impact of the project on
  291  the local business community.
  292         (4) The department must review all comments from the public
  293  hearing and take the comments and any alternatives presented by
  294  a local government under subsection (2) into consideration in
  295  the final design of the highway project.
  296         Section 13. This act shall take effect October 1, 2010.

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