HB 177

1
A bill to be entitled
2An act relating to motor vehicles; creating the "Highway
3Safety Act"; providing legislative intent relating to road
4rage and aggressive careless driving; amending s. 316.003,
5F.S.; defining the term "road rage"; amending s. 316.083,
6F.S.; requiring an operator of a motor vehicle to yield
7the left lane when being overtaken on a multilane highway;
8providing exceptions; amending s. 316.1923, F.S.; revising
9the number of specified acts necessary to qualify as an
10aggressive careless driver; providing specified
11punishments for aggressive careless driving; specifying
12the allocation of moneys received from the increased fine
13imposed for aggressive careless driving; amending s.
14318.19, F.S.; providing that a second or subsequent
15infraction as an aggressive careless driver requires
16attendance at a mandatory hearing; requiring the
17Department of Highway Safety and Motor Vehicles to provide
18information about the Highway Safety Act in driver's
19license educational materials; reenacting s.
20316.650(1)(a), F.S., relating to traffic citations, to
21incorporate the amendments made to s. 316.1923, F.S., in a
22reference thereto; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  This act may be cited as the "Highway Safety
27Act."
28     Section 2.  The Legislature finds that road rage and
29aggressive careless driving are a growing threat to the health,
30safety, and welfare of the public. The intent of the Legislature
31is to reduce road rage and aggressive careless driving, reduce
32the incidence of drivers' interfering with the movement of
33traffic, minimize crashes, and promote the orderly, free flow of
34traffic on the roads and highways of the state.
35     Section 3.  Subsection (89) is added to section 316.003,
36Florida Statutes, to read:
37     316.003  Definitions.-The following words and phrases, when
38used in this chapter, shall have the meanings respectively
39ascribed to them in this section, except where the context
40otherwise requires:
41     (89)  ROAD RAGE.-The act of a driver or passenger to
42intentionally or unintentionally, due to a loss of emotional
43control, injure or kill another driver, passenger, or
44pedestrian, or to attempt or threaten to injure or kill another
45driver, passenger, or pedestrian.
46     Section 4.  Present subsection (3) of section 316.083,
47Florida Statutes, is redesignated as subsection (4), and a new
48subsection (3) is added to that section, to read:
49     316.083  Overtaking and passing a vehicle.-The following
50rules shall govern the overtaking and passing of vehicles
51proceeding in the same direction, subject to those limitations,
52exceptions, and special rules hereinafter stated:
53     (3)(a)  On roads, streets, or highways having two or more
54lanes that allow movement in the same direction, a driver may
55not continue to operate a motor vehicle in the furthermost left-
56hand lane if the driver knows, or reasonably should know, that
57he or she is being overtaken in that lane from the rear by a
58motor vehicle traveling at a higher rate of speed.
59     (b)  Paragraph (a) does not apply to a driver operating a
60motor vehicle in the furthermost left-hand lane if:
61     1.  The driver is driving the legal speed limit and is not
62impeding the flow of traffic in the furthermost left-hand lane;
63     2.  The driver is in the process of overtaking a slower
64motor vehicle in the adjacent right-hand lane for the purpose of
65passing the slower moving vehicle so that the driver may move to
66the adjacent right-hand lane;
67     3.  Conditions make the flow of traffic substantially the
68same in all lanes or preclude the driver from moving to the
69adjacent right-hand lane;
70     4.  The driver's movement to the adjacent right-hand lane
71could endanger the driver or other drivers;
72     5.  The driver is directed by a law enforcement officer,
73road sign, or road crew to remain in the furthermost left-hand
74lane; or
75     6.  The driver is preparing to make a left turn.
76     (c)  A driver who violates s. 316.183 and this subsection
77simultaneously shall receive a uniform traffic citation solely
78under s. 316.183.
79     Section 5.  Section 316.1923, Florida Statutes, is amended
80to read:
81     316.1923  Aggressive careless driving.-
82     (1)  "Aggressive careless driving" means committing three
83two or more of the following acts simultaneously or in
84succession:
85     (a)(1)  Exceeding the posted speed as defined in s.
86322.27(3)(d)5.b.
87     (b)(2)  Unsafely or improperly changing lanes as defined in
88s. 316.085.
89     (c)(3)  Following another vehicle too closely as defined in
90s. 316.0895(1).
91     (d)(4)  Failing to yield the right-of-way as defined in s.
92316.079, s. 316.0815, or s. 316.123.
93     (e)(5)  Improperly passing or failing to yield to
94overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
95316.085.
96     (f)(6)  Violating traffic control and signal devices as
97defined in ss. 316.074 and 316.075.
98     (2)  Any person convicted of aggressive careless driving
99shall be cited for a moving violation and punished as provided
100in chapter 318, and by the accumulation of points as provided in
101s. 322.27, for each act of aggressive careless driving.
102     (3)  In addition to any fine or points administered under
103subsection (2), a person convicted of aggressive careless
104driving shall also pay:
105     (a)  Upon a first violation, a fine of $100.
106     (b)  Upon a second or subsequent conviction, a fine of not
107less than $250 but not more than $500 and be subject to a
108mandatory hearing under s. 318.19.
109     (4)  Of the moneys received from the increased fine imposed
110by subsection (3), $200,000 in the first year after this act
111takes effect and $50,000 in the second and third years shall be
112remitted to the Department of Highway Safety and Motor Vehicles
113to offset the cost of providing educational materials related to
114this act. Any additional moneys shall be remitted to the
115Department of Revenue and deposited into the Department of
116Health Administrative Trust Fund to provide financial support to
117verified trauma centers to ensure the availability and
118accessibility of trauma services throughout the state. Funds
119deposited into the Administrative Trust Fund under this
120subsection shall be allocated as follows:
121     (a)  Twenty-five percent shall be allocated equally among
122all Level I, Level II, and pediatric trauma centers in
123recognition of readiness costs for maintaining trauma services.
124     (b)  Twenty-five percent shall be allocated among Level I,
125Level II, and pediatric trauma centers based on each center's
126relative volume of trauma cases as reported in the Department of
127Health Trauma Registry.
128     (c)  Twenty-five percent shall be transferred to the
129Emergency Medical Services Trust Fund and used by the department
130for making matching grants to emergency medical services
131organizations as defined in s. 401.107.
132     (d)  Twenty-five percent shall be transferred to the
133Emergency Medical Services Trust Fund and made available to
134rural emergency medical services as defined in s. 401.107, and
135shall be used solely to improve and expand prehospital emergency
136medical services in this state. Additionally, these moneys may
137be used for the improvement, expansion, or continuation of
138services provided.
139     Section 6.  Section 318.19, Florida Statutes, is amended to
140read:
141     318.19  Infractions requiring a mandatory hearing.-Any
142person cited for the infractions listed in this section shall
143not have the provisions of s. 318.14(2), (4), and (9) available
144to him or her but must appear before the designated official at
145the time and location of the scheduled hearing:
146     (1)  Any infraction which results in a crash that causes
147the death of another;
148     (2)  Any infraction which results in a crash that causes
149"serious bodily injury" of another as defined in s. 316.1933(1);
150     (3)  Any infraction of s. 316.172(1)(b);
151     (4)  Any infraction of s. 316.520(1) or (2); or
152     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.
153316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
154     (6)  A second or subsequent infraction of s. 316.1923(1).
155     Section 7.  The Department of Highway Safety and Motor
156Vehicles shall provide information about the Highway Safety Act
157in all driver's license educational materials newly printed on
158or after October 1, 2011.
159     Section 8.  For the purpose of incorporating the amendments
160made by this act to section 316.1923, Florida Statutes, in a
161reference thereto, paragraph (a) of subsection (1) of section
162316.650, Florida Statutes, is reenacted to read:
163     316.650  Traffic citations.-
164     (1)(a)  The department shall prepare and supply to every
165traffic enforcement agency in this state an appropriate form
166traffic citation that contains a notice to appear, is issued in
167prenumbered books, meets the requirements of this chapter or any
168laws of this state regulating traffic, and is consistent with
169the state traffic court rules and the procedures established by
170the department. The form shall include a box that is to be
171checked by the law enforcement officer when the officer believes
172that the traffic violation or crash was due to aggressive
173careless driving as defined in s. 316.1923. The form shall also
174include a box that is to be checked by the law enforcement
175officer when the officer writes a uniform traffic citation for a
176violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
177the driver failing to stop at a traffic signal.
178     Section 9.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.