Florida Senate - 2022 SB 1414 By Senator Burgess 20-01271A-22 20221414__ 1 A bill to be entitled 2 An act relating to driving over the speed limit; 3 amending s. 316.192, F.S.; providing that any person 4 who drives any vehicle at or above a specified speed 5 commits reckless driving; amending s. 316.1926, F.S.; 6 revising the threshold above the posted speed limit at 7 which a person in violation of certain provisions must 8 be cited for a moving violation; reenacting s. 9 318.14(13), F.S., relating to noncriminal traffic 10 infractions, to incorporate the amendment made to s. 11 316.1926, F.S., in references thereto; reenacting ss. 12 318.17, 318.18(20), 322.0261(4)(a) and (b), 322.61(1), 13 and 337.195(1), F.S., relating to offenses excepted, 14 the amount of penalties, driver improvement courses, 15 disqualification from operating a motor vehicle, and 16 limits on liability, respectively, to incorporate the 17 amendment made to s. 316.192, F.S., in references 18 thereto; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (a) of subsection (1) of section 23 316.192, Florida Statutes, is amended, and subsections (2), (3), 24 and (4) of that section are republished, to read: 25 316.192 Reckless driving.— 26 (1)(a) Any person who drives any vehicle in willful or 27 wanton disregard for the safety of persons or property or who 28 drives any vehicle 40 miles per hour or more above the lawful or 29 posted speed limit commits
is guilty ofreckless driving. 30 (2) Except as provided in subsection (3), any person 31 convicted of reckless driving shall be punished: 32 (a) Upon a first conviction, by imprisonment for a period 33 of not more than 90 days or by fine of not less than $25 nor 34 more than $500, or by both such fine and imprisonment. 35 (b) On a second or subsequent conviction, by imprisonment 36 for not more than 6 months or by a fine of not less than $50 nor 37 more than $1,000, or by both such fine and imprisonment. 38 (3) Any person: 39 (a) Who is in violation of subsection (1); 40 (b) Who operates a vehicle; and 41 (c) Who, by reason of such operation, causes: 42 1. Damage to the property or person of another commits a 43 misdemeanor of the first degree, punishable as provided in s. 44 775.082 or s. 775.083. 45 2. Serious bodily injury to another commits a felony of the 46 third degree, punishable as provided in s. 775.082, s. 775.083, 47 or s. 775.084. The term “serious bodily injury” means an injury 48 to another person, which consists of a physical condition that 49 creates a substantial risk of death, serious personal 50 disfigurement, or protracted loss or impairment of the function 51 of any bodily member or organ. 52 (4) Notwithstanding any other provision of this section, $5 53 shall be added to a fine imposed pursuant to this section. The 54 clerk shall remit the $5 to the Department of Revenue for 55 deposit in the Emergency Medical Services Trust Fund. 56 Section 2. Subsection (2) of section 316.1926, Florida 57 Statutes, is amended to read: 58 316.1926 Additional offenses.— 59 (2) A person who exceeds the lawful or posted speed limit 60 by up to 39 in excess of 50miles per hour or morein violation 61 of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a 62 moving violation, punishable as provided in chapter 318. A 63 person who exceeds the lawful or posted speed limit by 40 miles 64 per hour or more in violation of s. 316.192(1)(a) shall be 65 punished as provided in s. 316.192. 66 Section 3. For the purpose of incorporating the amendment 67 made by this act to section 316.1926, Florida Statutes, in 68 references thereto, subsection (13) of section 318.14, Florida 69 Statutes, is reenacted to read: 70 318.14 Noncriminal traffic infractions; exception; 71 procedures.— 72 (13)(a) A person cited for a violation of s. 316.1926 73 shall, in addition to any other requirements provided in this 74 section, pay a fine of $1,000. This fine is in lieu of the fine 75 required under s. 318.18(3)(b), if the person was cited for 76 violation of s. 316.1926(2). 77 (b) A person cited for a second violation of s. 316.1926 78 shall, in addition to any other requirements provided in this 79 section, pay a fine of $2,500. This fine is in lieu of the fine 80 required under s. 318.18(3)(b), if the person was cited for 81 violation of s. 316.1926(2). In addition, the court shall revoke 82 the person’s authorization and privilege to operate a motor 83 vehicle for a period of 1 year and order the person to surrender 84 his or her driver license. 85 (c) A person cited for a third violation of s. 316.1926 86 commits a felony of the third degree, punishable as provided in 87 s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the 88 court shall impose a fine of $5,000, revoke the person’s 89 authorization and privilege to operate a motor vehicle for a 90 period of 10 years, and order the person to surrender his or her 91 driver license. 92 Section 4. For the purpose of incorporating the amendment 93 made by this act to section 316.192, Florida Statutes, in a 94 reference thereto, section 318.17, Florida Statutes, is 95 reenacted to read: 96 318.17 Offenses excepted.—No provision of this chapter is 97 available to a person who is charged with any of the following 98 offenses: 99 (1) Fleeing or attempting to elude a police officer, in 100 violation of s. 316.1935; 101 (2) Leaving the scene of a crash, in violation of ss. 102 316.027 and 316.061; 103 (3) Driving, or being in actual physical control of, any 104 vehicle while under the influence of alcoholic beverages, any 105 chemical substance set forth in s. 877.111, or any substance 106 controlled under chapter 893, in violation of s. 316.193, or 107 driving with an unlawful blood-alcohol level; 108 (4) Reckless driving, in violation of s. 316.192; 109 (5) Making false crash reports, in violation of s. 316.067; 110 (6) Willfully failing or refusing to comply with any lawful 111 order or direction of any police officer or member of the fire 112 department, in violation of s. 316.072(3); 113 (7) Obstructing an officer, in violation of s. 316.545(1); 114 or 115 (8) Any other offense in chapter 316 which is classified as 116 a criminal violation. 117 Section 5. For the purpose of incorporating the amendment 118 made by this act to section 316.192, Florida Statutes, in a 119 reference thereto, subsection (20) of section 318.18, Florida 120 Statutes, is reenacted to read: 121 318.18 Amount of penalties.—The penalties required for a 122 noncriminal disposition pursuant to s. 318.14 or a criminal 123 offense listed in s. 318.17 are as follows: 124 (20) In addition to any other penalty, $65 for a violation 125 of s. 316.191, prohibiting racing on highways, or s. 316.192, 126 prohibiting reckless driving. The additional $65 collected under 127 this subsection shall be remitted to the Department of Revenue 128 for deposit into the Emergency Medical Services Trust Fund of 129 the Department of Health to be used as provided in s. 395.4036. 130 Section 6. For the purpose of incorporating the amendment 131 made by this act to section 316.192, Florida Statutes, in 132 references thereto, paragraphs (a) and (b) of subsection (4) of 133 section 322.0261, Florida Statutes, are reenacted to read: 134 322.0261 Driver improvement course; requirement to maintain 135 driving privileges; failure to complete; department approval of 136 course.— 137 (4)(a) The department shall identify any operator convicted 138 of, or who pleaded nolo contendere to, a violation of s. 139 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 140 316.192 and shall require that operator, in addition to other 141 applicable penalties, to attend a department-approved driver 142 improvement course in order to maintain driving privileges. The 143 department shall, within 10 days after receiving a notice of 144 judicial disposition, send notice to the operator of the 145 requirement to attend a driver improvement course. If the 146 operator fails to complete the course within 90 days after 147 receiving notice from the department, the operator’s driver 148 license shall be canceled by the department until the course is 149 successfully completed. 150 (b) Any operator who receives a traffic citation for a 151 violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 152 s. 316.192, for which the court withholds adjudication, is not 153 required to attend a driver improvement course, unless the court 154 finds that the nature or severity of the violation is such that 155 attendance to a driver improvement course is necessary. The 156 department shall, within 10 days after receiving a notice of 157 judicial disposition, send notice to the operator of the 158 requirement to attend a driver improvement course. If the 159 operator fails to complete the course within 90 days after 160 receiving notice from the department, the operator’s driver 161 license shall be canceled by the department until the course is 162 successfully completed. 163 Section 7. For the purpose of incorporating the amendment 164 made by this act to section 316.192, Florida Statutes, in a 165 reference thereto, subsection (1) of section 322.61, Florida 166 Statutes, is reenacted to read: 167 322.61 Disqualification from operating a commercial motor 168 vehicle.— 169 (1) A person who, for offenses occurring within a 3-year 170 period, is convicted of two of the following serious traffic 171 violations or any combination thereof, arising in separate 172 incidents committed in a commercial motor vehicle shall, in 173 addition to any other applicable penalties, be disqualified from 174 operating a commercial motor vehicle for a period of 60 days. A 175 holder of a commercial driver license or commercial learner’s 176 permit who, for offenses occurring within a 3-year period, is 177 convicted of two of the following serious traffic violations, or 178 any combination thereof, arising in separate incidents committed 179 in a noncommercial motor vehicle shall, in addition to any other 180 applicable penalties, be disqualified from operating a 181 commercial motor vehicle for a period of 60 days if such 182 convictions result in the suspension, revocation, or 183 cancellation of the licenseholder’s driving privilege: 184 (a) A violation of any state or local law relating to motor 185 vehicle traffic control, other than a parking violation, arising 186 in connection with a crash resulting in death; 187 (b) Reckless driving, as defined in s. 316.192; 188 (c) Unlawful speed of 15 miles per hour or more above the 189 posted speed limit; 190 (d) Improper lane change, as defined in s. 316.085; 191 (e) Following too closely, as defined in s. 316.0895; 192 (f) Driving a commercial vehicle without obtaining a 193 commercial driver license; 194 (g) Driving a commercial vehicle without the proper class 195 of commercial driver license or commercial learner’s permit or 196 without the proper endorsement; 197 (h) Driving a commercial vehicle without a commercial 198 driver license or commercial learner’s permit in possession, as 199 required by s. 322.03; 200 (i) Texting while driving; or 201 (j) Using a handheld mobile telephone while driving. 202 Section 8. For the purpose of incorporating the amendment 203 made by this act to section 316.192, Florida Statutes, in a 204 reference thereto, subsection (1) of section 337.195, Florida 205 Statutes, is reenacted to read: 206 337.195 Limits on liability.— 207 (1) In a civil action for the death of or injury to a 208 person, or for damage to property, against the Department of 209 Transportation or its agents, consultants, or contractors for 210 work performed on a highway, road, street, bridge, or other 211 transportation facility when the death, injury, or damage 212 resulted from a motor vehicle crash within a construction zone 213 in which the driver of one of the vehicles was under the 214 influence of alcoholic beverages as set forth in s. 316.193, 215 under the influence of any chemical substance as set forth in s. 216 877.111, or illegally under the influence of any substance 217 controlled under chapter 893 to the extent that her or his 218 normal faculties were impaired or that she or he operated a 219 vehicle recklessly as defined in s. 316.192, it is presumed that 220 the driver’s operation of the vehicle was the sole proximate 221 cause of her or his own death, injury, or damage. This 222 presumption can be overcome if the gross negligence or 223 intentional misconduct of the Department of Transportation, or 224 of its agents, consultants, or contractors, was a proximate 225 cause of the driver’s death, injury, or damage. 226 Section 9. This act shall take effect October 1, 2022.