Bill Text: FL S0476 | 2022 | Regular Session | Comm Sub

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Bill Title: Aggressive Careless Driving

Spectrum:

Status: (Failed) 2022-03-14 - Died in Rules [S0476 Detail]

Download: Florida-2022-S0476-Comm_Sub.html

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       Florida Senate - 2022                              CS for SB 476
       
       
        
       By the Committee on Transportation; and Senators Pizzo and Boyd
       
       
       
       
       
       596-02836A-22                                          2022476c1
    1                        A bill to be entitled                      
    2         An act relating to aggressive careless driving;
    3         amending s. 316.1923, F.S.; providing a short title;
    4         revising the definition of the term “aggressive
    5         careless driving”; providing a civil penalty for
    6         aggressive careless driving and aggressive careless
    7         driving resulting in damage to the property or person
    8         of another or serious bodily injury to another person;
    9         requiring certain persons to attend a certain driver
   10         improvement course to maintain their driving
   11         privileges; defining the term “serious bodily injury”;
   12         providing a criminal penalty for aggressive careless
   13         driving resulting in the death of another person;
   14         requiring persons convicted of such offense to attend
   15         a certain driver improvement course to maintain their
   16         driving privileges; authorizing a court to order such
   17         persons to pay restitution; amending s. 318.19, F.S.;
   18         requiring persons cited for aggressive careless
   19         driving resulting in serious bodily injury to another
   20         person to appear at a hearing; providing an effective
   21         date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 316.1923, Florida Statutes, is amended
   26  to read:
   27         316.1923 Aggressive careless driving.—
   28         (1) This section may be cited as the “Anthony Reznik Act.”
   29         (2) As used in this chapter, the term “aggressive careless
   30  driving” means committing two or more of the following acts
   31  simultaneously or in succession:
   32         (a)(1) Exceeding the posted speed as defined in s.
   33  322.27(3)(d)5.b.
   34         (b)(2) Unsafely or improperly changing lanes as defined in
   35  s. 316.085.
   36         (c)(3) Following another vehicle too closely as defined in
   37  s. 316.0895(1).
   38         (d)(4) Failing to yield the right-of-way as defined in s.
   39  316.079, s. 316.0815, or s. 316.123.
   40         (e)(5) Improperly passing as defined in s. 316.083, s.
   41  316.084, or s. 316.085.
   42         (f)(6) Violating traffic control and signal devices as
   43  defined in ss. 316.074 and 316.075.
   44         (g) Operating a motor vehicle while texting as defined in
   45  s. 316.305(3)(a).
   46         (h) Operating a motor vehicle in violation of restrictions
   47  imposed under s. 322.16(1)(a) or (b).
   48         (3) A person who commits aggressive careless driving shall
   49  be cited for a moving violation, punishable as provided in
   50  chapter 318.
   51         (4) A person who commits aggressive careless driving and
   52  who, by reason of such operation, causes:
   53         (a) Damage to the property or person of another shall be
   54  cited for a moving violation, punishable as provided in chapter
   55  318, and the person shall be required to attend a department
   56  approved driver improvement course in order to maintain his or
   57  her driving privileges.
   58         (b) Serious bodily injury to another person shall be cited
   59  for a moving violation, punishable as provided in chapter 318,
   60  and the person shall be required to attend a department-approved
   61  driver improvement course in order to maintain his or her
   62  driving privileges. As used in this paragraph, the term “serious
   63  bodily injury” means an injury to another person which consists
   64  of a physical condition that creates a substantial risk of
   65  death, serious personal disfigurement, or protracted loss or
   66  impairment of the function of any bodily member or organ.
   67         (c) Death to another person commits a misdemeanor of the
   68  second degree, punishable as provided in s. 775.082 or s.
   69  775.083, and the person shall be required to attend a
   70  department-approved driver improvement course in order to
   71  maintain his or her driving privileges.
   72         (5) A court may order a person who is convicted of
   73  aggressive careless driving and who, by reason of such
   74  operation, causes death to another person to pay restitution for
   75  all of the costs and damages arising from the criminal conduct.
   76  Payment of restitution is in addition to any other penalty
   77  provided by law.
   78         Section 2. Section 318.19, Florida Statutes, is amended to
   79  read:
   80         318.19 Infractions requiring a mandatory hearing.—Any
   81  person cited for the infractions listed in this section shall
   82  not have the provisions of s. 318.14(2), (4), and (9) available
   83  to him or her but must appear before the designated official at
   84  the time and location of the scheduled hearing:
   85         (1) Any infraction which results in a crash that causes the
   86  death of another;
   87         (2) Any infraction which results in a crash that causes
   88  “serious bodily injury” of another as defined in s. 316.1933(1);
   89         (3) Any infraction of s. 316.172(1)(b);
   90         (4) Any infraction of s. 316.520(1) or (2); or
   91         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
   92  316.189 of exceeding the speed limit by 30 mph or more; or
   93         (6) Any infraction of s. 316.1923(4)(b).
   94         Section 3. This act shall take effect October 1, 2022.