Bill Text: FL S0544 | 2023 | Regular Session | Introduced

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Bill Title: Aggressive Careless Driving

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2023-05-05 - Died in Transportation [S0544 Detail]

Download: Florida-2023-S0544-Introduced.html

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       Florida Senate - 2023                                     SB 544
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-00639-23                                            2023544__
    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 specified driver
   10         improvement course to maintain their driver license;
   11         defining the term “serious bodily injury”; providing a
   12         criminal penalty for aggressive careless driving
   13         resulting in the death of another person; requiring
   14         persons convicted of such offense to attend a
   15         specified driver improvement course to maintain their
   16         driver license; 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 described 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 must
   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 must be
   54  cited for a moving violation, punishable as provided in chapter
   55  318, and must attend a department-approved driver improvement
   56  course in order to maintain his or her driver license.
   57         (b) Serious bodily injury to another person must be cited
   58  for a moving violation, punishable as provided in chapter 318,
   59  and must attend a department-approved driver improvement course
   60  in order to maintain his or her driver license. As used in this
   61  paragraph, the term “serious bodily injury” means an injury to
   62  another person which consists of a physical condition that
   63  creates a substantial risk of death, serious personal
   64  disfigurement, or protracted loss or impairment of the function
   65  of any bodily member or organ.
   66         (c) Death to another person commits a misdemeanor of the
   67  second degree, punishable as provided in s. 775.082 or s.
   68  775.083, and must attend a department-approved driver
   69  improvement course in order to maintain his or her driver
   70  license.
   71         (5) A court may order a person who is convicted of
   72  aggressive careless driving and who, by reason of such
   73  operation, causes death to another person to pay restitution for
   74  all of the costs and damages arising from the criminal conduct.
   75  Payment of restitution is in addition to any other penalty
   76  provided by law.
   77         Section 2. Section 318.19, Florida Statutes, is amended to
   78  read:
   79         318.19 Infractions requiring a mandatory hearing.—Any
   80  person cited for the infractions listed in this section may
   81  shall not have the provisions of s. 318.14(2), (4), and (9)
   82  available to him or her but must appear before the designated
   83  official at the time and location of the scheduled hearing:
   84         (1) Any infraction which results in a crash that causes the
   85  death of another;
   86         (2) Any infraction which results in a crash that causes
   87  “serious bodily injury” of another as defined in s. 316.1933(1);
   88         (3) Any infraction of s. 316.172(1)(b);
   89         (4) Any infraction of s. 316.520(1) or (2); or
   90         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
   91  316.189 of exceeding the speed limit by 30 mph or more; or
   92         (6) Any infraction of s. 316.1923(4)(b).
   93         Section 3. This act shall take effect July 1, 2023.