Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 476
Ì825588\Î825588
LEGISLATIVE ACTION
Senate . House
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The Committee on Transportation (Pizzo) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 316.1923, Florida Statutes, is amended
6 to read:
7 316.1923 Aggressive careless driving.—
8 (1) This section may be cited as the “Anthony Reznik and
9 Chet Smith Road Safety Act.”
10 (2) As used in this chapter, the term “aggressive careless
11 driving” means committing two or more of the following acts
12 simultaneously or in succession:
13 (a)(1) Exceeding the posted speed as defined in s.
14 322.27(3)(d)5.b.
15 (b)(2) Unsafely or improperly changing lanes as defined in
16 s. 316.085.
17 (c)(3) Following another vehicle too closely as defined in
18 s. 316.0895(1).
19 (d)(4) Failing to yield the right-of-way as defined in s.
20 316.079, s. 316.0815, or s. 316.123.
21 (e)(5) Improperly passing as defined in s. 316.083, s.
22 316.084, or s. 316.085.
23 (f)(6) Violating traffic control and signal devices as
24 defined in ss. 316.074 and 316.075.
25 (g) Operating a motor vehicle while texting as described in
26 s. 316.305(3)(a).
27 (h) Operating a motor vehicle in violation of restrictions
28 imposed under s. 322.16(1)(a) or (b).
29 (3) As used in this section, the term:
30 (a) “Serious bodily injury” means an injury to another
31 person which consists of a physical condition that creates a
32 substantial risk of death, serious personal disfigurement, or
33 protracted loss or impairment of the function of any bodily
34 member or organ.
35 (b) “Vulnerable road user” has the same meaning as in s.
36 316.027(1).
37 (4) A person who commits aggressive careless driving shall
38 be cited for a moving violation, punishable as provided in
39 chapter 318.
40 (5) A person who commits aggressive careless driving and
41 who, by reason of such operation, causes:
42 (a) Damage to the property or person of another commits a
43 misdemeanor of the second degree, punishable as provided in s.
44 775.082 or s. 775.083.
45 (b) Serious bodily injury to a vulnerable road user commits
46 a misdemeanor of the first degree, punishable as provided in s.
47 775.082 or s. 775.083 and, upon conviction, shall pay a fine of
48 not less than $3,000, be imprisoned for at least 6 months for a
49 first conviction, and attend a department-approved driver
50 improvement course that contains curriculum instruction
51 specifically addressing the rights of vulnerable road users
52 relative to vehicles on the roadway as provided in s.
53 322.0261(2). The court shall also revoke the person’s driver
54 license for at least 1 year. The fine must be remitted to the
55 Department of Revenue for deposit in the Chet Smith Bike Path
56 Trust Fund.
57 (c) Death to a vulnerable road user commits a felony of the
58 third degree, punishable as provided in s. 775.082, s. 775.083,
59 or s. 775.084 and, upon conviction, shall pay a fine of not less
60 than $5,000, be imprisoned for at least 1 year for a first
61 conviction, and attend a department-approved driver improvement
62 course that contains curriculum instruction specifically
63 addressing the rights of vulnerable road users relative to
64 vehicles on the roadway as provided in s. 322.0261(2). The court
65 shall also revoke the person’s driver license for at least 2
66 years. The fine must be remitted to the Department of Revenue
67 for deposit in the Chet Smith Bike Path Trust Fund.
68 (6) In addition to any other punishment, the court may
69 order a person convicted under subsection (5) to serve 120
70 community service hours under the supervision of a registered
71 nurse, an emergency room physician, or an emergency medical
72 technician in a voluntary community service program operated by
73 a trauma center or hospital that regularly receives victims of
74 vehicle accidents.
75 (7) This section does not prohibit a person from being
76 charged with, convicted of, or punished for any other violation.
77 (8) A conviction under this section does not bar any civil
78 suit for damages against the person so convicted.
79 Section 2. Section 775.0835, Florida Statutes, is amended
80 to read:
81 775.0835 Fines; surcharges; deposit into Crimes
82 Compensation Trust Fund; exception.—
83 (1) When any person pleads guilty or nolo contendere to, or
84 is convicted of, any felony or misdemeanor under the laws of
85 this state which resulted in the injury or death of another
86 person, the court may, if it finds that the defendant has the
87 present ability to pay the fine and finds that the impact of the
88 fine upon the defendant’s dependents will not cause such
89 dependents to be dependent on public welfare, in addition to any
90 other penalty, order the defendant to pay a fine, commensurate
91 with the offense committed and with the probable impact upon the
92 victim, but not to exceed $10,000. The fine shall be remitted to
93 the Department of Revenue for deposit in the Crimes Compensation
94 Trust Fund.
95 (2) Notwithstanding subsection (1), fines collected under
96 s. 318.195 must be remitted to the Department of Revenue for
97 deposit in the Chet Smith Bike Path Trust Fund.
98 (3) The additional $50 obligation created by s. 938.03
99 shall be collected, and $49 of each $50 collected shall be
100 remitted to the Department of Revenue for deposit in the Crimes
101 Compensation Trust Fund, prior to any fine or surcharge
102 authorized by this chapter. These costs are considered assessed
103 unless specifically waived by the court. If the court does not
104 order these costs, it shall state on the record, in detail, the
105 reasons therefor.
106 Section 3. Paragraph (f) of subsection (3) of section
107 921.0022, Florida Statutes, is amended to read:
108 921.0022 Criminal Punishment Code; offense severity ranking
109 chart.—
110 (3) OFFENSE SEVERITY RANKING CHART
111 (f) LEVEL 6
112
113 FloridaStatute FelonyDegree Description
114 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
115 316.1923(5)(c) 3rd Aggressive careless driving resulting in death of a vulnerable road user.
116 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
117 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
118 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
119 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
120 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
121 775.0875(1) 3rd Taking firearm from law enforcement officer.
122 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
123 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
124 784.041 3rd Felony battery; domestic battery by strangulation.
125 784.048(3) 3rd Aggravated stalking; credible threat.
126 784.048(5) 3rd Aggravated stalking of person under 16.
127 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
128 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
129 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
130 784.081(2) 2nd Aggravated assault on specified official or employee.
131 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
132 784.083(2) 2nd Aggravated assault on code inspector.
133 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
134 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
135 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
136 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
137 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
138 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
139 794.05(1) 2nd Unlawful sexual activity with specified minor.
140 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
141 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
142 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
143 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
144 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
145 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
146 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
147 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
148 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
149 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
150 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
151 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
152 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
153 825.102(1) 3rd Abuse of an elderly person or disabled adult.
154 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
155 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
156 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
157 827.03(2)(c) 3rd Abuse of a child.
158 827.03(2)(d) 3rd Neglect of a child.
159 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
160 836.05 2nd Threats; extortion.
161 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
162 843.12 3rd Aids or assists person to escape.
163 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
164 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
165 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
166 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
167 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
168 944.40 2nd Escapes.
169 944.46 3rd Harboring, concealing, aiding escaped prisoners.
170 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
171 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
172
173
174 Section 4. This act shall take effect October 1, 2022, only
175 if SB ____ or similar legislation is adopted in the same
176 legislative session or an extension thereof and becomes a law.
177
178 ================= T I T L E A M E N D M E N T ================
179 And the title is amended as follows:
180 Delete everything before the enacting clause
181 and insert:
182 A bill to be entitled
183 An act relating to aggressive careless driving;
184 amending s. 316.1923, F.S.; providing a short title;
185 revising the definition of the term “aggressive
186 careless driving”; defining the terms “serious bodily
187 injury” and “vulnerable road user”; providing a civil
188 penalty for aggressive careless driving; providing a
189 criminal penalty for aggressive careless driving
190 resulting in damage to the property or person of
191 another; providing criminal and civil penalties for
192 aggressive careless driving resulting in serious
193 bodily injury or death to a vulnerable road user;
194 requiring that fines be deposited in a specified trust
195 fund; authorizing a court to order certain persons to
196 perform certain community service; providing
197 construction; amending s. 775.0835, F.S.; conforming a
198 provision to changes made by the act; amending s.
199 921.0022, F.S.; ranking an offense created by the act
200 on the offense severity ranking chart of the Criminal
201 Punishment Code; providing a contingent effective
202 date.