Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 908
       
       
       
       
       
       
                                Ì616598`Î616598                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2015           .                                
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       The Committee on Transportation (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (94) and (95) are added to section
    6  316.003, Florida Statutes, to read:
    7         316.003 Definitions.—The following words and phrases, when
    8  used in this chapter, shall have the meanings respectively
    9  ascribed to them in this section, except where the context
   10  otherwise requires:
   11         (94) BODILY INJURY.—
   12         (a) A cut, abrasion, bruise, burn, or disfigurement;
   13         (b) Physical pain;
   14         (c) Illness;
   15         (d) Impairment of the function of a bodily member, organ,
   16  or mental faculty; or
   17         (e) Any other injury to the body, no matter how temporary.
   18         (95) VULNERABLE USER OF A PUBLIC ROADWAY OR VULNERABLE
   19  USER.—
   20         (a) A pedestrian, including a person actually engaged in
   21  work upon a highway, work upon utility facilities along a
   22  highway, or the provision of emergency services within the
   23  right-of-way;
   24         (b) A person operating, or who is a passenger on, a
   25  bicycle, motorcycle, scooter, or moped lawfully on the roadway;
   26         (c) A person riding an animal; or
   27         (d) A person lawfully operating on a public roadway,
   28  crosswalk, or shoulder of the roadway:
   29         1. A farm tractor or similar vehicle designed primarily for
   30  farm use;
   31         2. A horse-drawn carriage;
   32         3. An electric personal assistive mobility device; or
   33         4. A wheelchair.
   34         Section 2. Paragraph (b) of subsection (1) of section
   35  316.027, Florida Statutes, is amended to read:
   36         316.027 Crash involving death or personal injuries.—
   37         (1) As used in this section, the term:
   38         (b) “Vulnerable road user” has the same meaning as in s.
   39  316.003 means:
   40         1. A pedestrian, including a person actually engaged in
   41  work upon a highway, or in work upon utility facilities along a
   42  highway, or engaged in the provision of emergency services
   43  within the right-of-way;
   44         2. A person operating a bicycle, motorcycle, scooter, or
   45  moped lawfully on the roadway;
   46         3. A person riding an animal; or
   47         4. A person lawfully operating on a public right-of-way,
   48  crosswalk, or shoulder of the roadway:
   49         a. A farm tractor or similar vehicle designed primarily for
   50  farm use;
   51         b. A skateboard, roller skates, or in-line skates;
   52         c. A horse-drawn carriage;
   53         d. An electric personal assistive mobility device; or
   54         e. A wheelchair.
   55         Section 3. Section 316.0275, Florida Statutes, is created
   56  to read:
   57         316.0275Noncriminal traffic infractions leading to serious
   58  bodily injury or death; reclassification.—
   59         (1) Notwithstanding any other provision of law, if an
   60  individual commits a noncriminal traffic infraction under this
   61  chapter which causes serious bodily injury or death to a person
   62  and, within 5 years after that violation, commits another
   63  noncriminal traffic infraction under this chapter which causes
   64  serious bodily injury or death to a person, the second such
   65  violation shall be reclassified as a misdemeanor of the first
   66  degree, punishable as provided in s. 775.082 or s. 775.083, and
   67  the individual will have his or her license revoked under s.
   68  322.26(10).
   69         (2) As used in this section, the term “serious bodily
   70  injury” means an injury to a person, excluding the at-fault
   71  driver, which consists of a physical condition that creates a
   72  substantial risk of death, serious personal disfigurement, or
   73  protracted loss or impairment of the function of any bodily
   74  member or organ.
   75         Section 4. Section 316.083, Florida Statutes, is amended to
   76  read:
   77         316.083 Overtaking and passing a vehicle.—The following
   78  provisions rules shall govern the overtaking and passing of
   79  vehicles proceeding in the same direction, subject to those
   80  limitations, exceptions, and special rules hereinafter stated:
   81         (1) The driver of a vehicle overtaking another vehicle
   82  proceeding in the same direction shall give an appropriate
   83  signal as provided for in s. 316.156, shall pass to the left
   84  thereof at a safe distance, and shall not again drive to the
   85  right side of the roadway until safely clear of the overtaken
   86  vehicle.
   87         (2) The driver of a motor vehicle overtaking a person
   88  operating a bicycle or other vulnerable user of a public roadway
   89  nonmotorized vehicle must pass the person operating the bicycle
   90  or other vulnerable user nonmotorized vehicle at a safe distance
   91  of not less than 3 feet between any part of or attachment to the
   92  motor vehicle, any thing extending from the motor vehicle, any
   93  trailer or other thing being towed by the motor vehicle and the
   94  bicycle, the person operating the bicycle, or other vulnerable
   95  user nonmotorized vehicle.
   96         (3)(2) Except when overtaking and passing on the right is
   97  permitted, the driver of an overtaken vehicle shall give way to
   98  the right in favor of the overtaking vehicle, on audible signal
   99  or upon the visible blinking of the headlamps of the overtaking
  100  vehicle if such overtaking is being attempted at nighttime, and
  101  shall not increase the speed of his or her vehicle until
  102  completely passed by the overtaking vehicle.
  103         (4)(3) A violation of this section is a noncriminal traffic
  104  infraction, punishable as a moving violation as provided in
  105  chapter 318. If a violation of this section contributed to the
  106  bodily injury of a vulnerable user of a public roadway, the law
  107  enforcement officer issuing the citation for the violation shall
  108  note such information on the citation.
  109         Section 5. Section 316.0833, Florida Statutes, is created
  110  to read:
  111         316.0833 Turning when passing vulnerable user.—
  112         (1) A person operating a vehicle who overtakes and passes a
  113  vulnerable user of a public roadway proceeding in the same
  114  direction may not make a right or left turn at an intersection
  115  or into a private road or driveway unless the turn can be made
  116  at a safe distance from the vulnerable user with reasonable
  117  safety and will not impede the travel of the vulnerable user.
  118         (2) A violation of subsection (1) is a noncriminal traffic
  119  infraction, punishable as a moving violation as provided in
  120  chapter 318. If a violation of subsection (1) contributed to the
  121  bodily injury of a vulnerable user of a public roadway, the law
  122  enforcement officer issuing the citation for the violation shall
  123  note such information on the citation.
  124         Section 6. Subsection (3) of section 316.0875, Florida
  125  Statutes, is amended to read:
  126         316.0875 No-passing zones.—
  127         (3) This section does not apply:
  128         (a) When an obstruction exists making it necessary to drive
  129  to the left of the center of the highway;, nor
  130         (b) To the driver of a vehicle turning left into or from an
  131  alley, private road, or driveway; or
  132         (c) When the driver of a motor vehicle is required to cross
  133  pavement striping indicating a no-passing zone when passing a
  134  vulnerable user of a public roadway in order to provide at least
  135  3 feet between the motor vehicle and the vulnerable user.
  136         Section 7. Section 316.1921, Florida Statutes, is created
  137  to read:
  138         316.1921 Harassing, taunting, or throwing object at person
  139  riding a bicycle.—It is unlawful to harass, taunt, or
  140  maliciously throw an object at or in the direction of a person
  141  riding a bicycle. A person who violates this section commits a
  142  misdemeanor of the first degree, punishable by a fine of at
  143  least $250 or by imprisonment of not more than 30 days, or both.
  144         Section 8. Section 316.1925, Florida Statutes, is amended
  145  to read:
  146         316.1925 Careless driving.—
  147         (1) A Any person operating a vehicle upon the streets or
  148  highways within the state shall drive the same in a careful and
  149  prudent manner, having regard for the width, grade, curves,
  150  corners, traffic, and all other attendant circumstances, so as
  151  not to endanger the life, limb, or property of any person. A
  152  person who fails Failure to drive in such manner commits shall
  153  constitute careless driving and a violation of this section.
  154         (2) Any person who violates this section shall be cited for
  155  a moving violation, punishable as provided in chapter 318.
  156         (2) If a violation under this section contributed to the
  157  bodily injury of a vulnerable user of a public roadway, the law
  158  enforcement officer issuing the citation for the violation shall
  159  note such information on the citation.
  160         Section 9. Section 318.142, Florida Statutes, is created to
  161  read:
  162         318.142 Infractions contributing to bodily injury of a
  163  vulnerable user of a public roadway.—In addition to any other
  164  penalty imposed for a violation under s. 316.083, s. 316.0833,
  165  or s. 316.1925, if the violation contributed to the bodily
  166  injury of a vulnerable user of a public roadway as defined in s.
  167  316.003, the designated official shall impose a fine of not more
  168  than $2,000.
  169         Section 10. Section 318.19, Florida Statutes, is amended to
  170  read:
  171         318.19 Infractions requiring a mandatory hearing.—Any
  172  person cited for the infractions listed in this section shall
  173  not have the provisions of s. 318.14(2), (4), and (9) available
  174  to him or her but must appear before the designated official at
  175  the time and location of the scheduled hearing:
  176         (1) Any infraction which results in a crash that causes the
  177  death of another;
  178         (2) Any infraction which results in a crash that causes
  179  “serious bodily injury” of another as defined in s. 316.1933(1);
  180         (3) Any infraction of s. 316.172(1)(b);
  181         (4) Any infraction of s. 316.520(1) or (2); or
  182         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  183  316.189 of exceeding the speed limit by 30 m.p.h. or more; or
  184         (6) Any infraction of s. 316.083, s. 316.0833, or s.
  185  316.1925 which contributes to bodily injury of a vulnerable user
  186  of a public roadway as defined in s. 316.003.
  187         Section 11. Subsection (2) of section 322.0261, Florida
  188  Statutes, is amended to read:
  189         322.0261 Driver improvement course; requirement to maintain
  190  driving privileges; failure to complete; department approval of
  191  course.—
  192         (2) With respect to an operator convicted of, or who
  193  pleaded nolo contendere to, a traffic offense giving rise to a
  194  crash identified in paragraph (1)(a) or paragraph (1)(b), the
  195  department shall require that the operator, in addition to other
  196  applicable penalties, attend a department-approved driver
  197  improvement course in order to maintain his or her driving
  198  privileges. The department shall include in the course
  199  curriculum instruction specifically addressing the rights of
  200  vulnerable road users as defined in s. 316.003 s. 316.027
  201  relative to vehicles on the roadway. If the operator fails to
  202  complete the course within 90 days after receiving notice from
  203  the department, the operator’s driver license shall be canceled
  204  by the department until the course is successfully completed.
  205         Section 12. Subsection (10) is added to section 322.26,
  206  Florida Statutes, to read:
  207         322.26 Mandatory revocation of license by department.—The
  208  department shall forthwith revoke the license or driving
  209  privilege of any person upon receiving a record of such person’s
  210  conviction of any of the following offenses:
  211         (10) A violation of s. 316.0275.
  212         Section 13. This act shall take effect October 1, 2015.
  213  
  214  ================= T I T L E  A M E N D M E N T ================
  215  And the title is amended as follows:
  216         Delete everything before the enacting clause
  217  and insert:
  218                        A bill to be entitled                      
  219         An act relating to traffic safety; amending s.
  220         316.003, F.S.; providing definitions; amending s.
  221         316.027, F.S.; redefining the term “vulnerable user”;
  222         deleting obsolete provisions; creating s. 316.0275,
  223         F.S.; providing criminal penalties for certain
  224         noncriminal traffic infractions that cause serious
  225         bodily injury or death to a person; defining the term
  226         “serious bodily injury”; amending s. 316.083, F.S.;
  227         revising provisions relating to the passing of a
  228         vehicle; creating s. 316.0833, F.S.; prohibiting
  229         passing and turning in front of a vulnerable user in
  230         an unsafe manner; providing penalties; amending s.
  231         316.0875, F.S.; revising exceptions to provisions for
  232         designated no-passing zones; creating s. 316.1921,
  233         F.S.; prohibiting harassing, taunting, or throwing an
  234         object at a person riding a bicycle; providing fines
  235         and penalties; amending s. 316.1925, F.S.; revising
  236         provisions relating to careless driving; creating s.
  237         318.142, F.S.; providing fines and penalties for
  238         specified infractions contributing to bodily injury of
  239         a vulnerable user; amending s. 318.19, F.S.; requiring
  240         a hearing for specified offenses; amending s.
  241         322.0261, F.S.; conforming a cross-reference; amending
  242         s. 322.26, F.S.; providing mandatory revocation of
  243         license for a specified conviction; providing an
  244         effective date.
  245