HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 1 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to driving over the speed limit; 2
amending s. 316.192, F.S.; providing that any person 3
who drives any vehicle at or above a specified speed 4
commits reckless driving; amending s. 316.1926, F.S.; 5
revising the threshold above the posted speed limit at 6
which a person in violation of certain provisions must 7
be cited for a moving violation; reenacting s. 8
318.14(13), F.S., relating to noncriminal tra ffic 9
infractions, to incorporate the amendment made to s. 10
316.1926, F.S., in references thereto; reenacting ss. 11
318.17, 318.18(20), 322.0261(4)(a) and (b), 322.61(1), 12
and 337.195(1), F.S., relating to offenses excepted, 13
the amount of penalties, driver impr ovement courses, 14
disqualification from operating a motor vehicle, and 15
limits on liability, respectively, to incorporate the 16
amendment made to s. 316.192, F.S., in references 17
thereto; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Paragraph (a) of subsection (1) of section 22
316.192, Florida Statutes, is amended, and subsections (2), (3), 23
and (4) of that section are republished, to read: 24
316.192 Reckless driving. — 25
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 2 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(a) Any person who drives any vehicle in willful or 26
wanton disregard for the safety of persons or property , or any 27
person who drives any vehicle 40 miles per hour or more above 28
the lawful or posted speed limit, commits is guilty of reckless 29
driving. 30
(2) Except as provided in subsect ion (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 v ehicle; 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 felo ny of 46
the third degree, punishable as provided in s. 775.082, s. 47
775.083, or s. 775.084. The term "serious bodily injury" means 48
an injury to another person, which consists of a physical 49
condition that creates a substantial risk of death, serious 50
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 3 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
personal disfigurement, or protracted loss or impairment of the 51
function of any bodily member or organ. 52
(4) Notwithstanding any other provision of this section, 53
$5 shall be added to a fine imposed pursuant to this section. 54
The 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 50 miles per hour or more in 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 mile s 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
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 4 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 th is 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 co nviction, 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 incorpora ting 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
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 5 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 viol ation of s. 316.192; 109
(5) Making false crash reports, in violation of s. 110
316.067; 111
(6) Willfully failing or refusing to comply with any 112
lawful order or direction of any police officer or member of the 113
fire department, in violation of s. 316.072(3); 114
(7) Obstructing an officer, in violation of s. 316.545(1); 115
or 116
(8) Any other offense in chapter 316 which is classified 117
as a criminal violation. 118
Section 5. For the purpose of incorporating the amendment 119
made by this act to section 316.192, Florida Statut es, in a 120
reference thereto, subsection (20) of section 318.18, Florida 121
Statutes, is reenacted to read: 122
318.18 Amount of penalties. —The penalties required for a 123
noncriminal disposition pursuant to s. 318.14 or a criminal 124
offense listed in s. 318.17 are as follows: 125
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 6 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(20) In addition to any other penalty, $65 for a violation 126
of s. 316.191, prohibiting racing on highways, or s. 316.192, 127
prohibiting reckless driving. The additional $65 collected under 128
this subsection shall be remitted to the Department of Rev enue 129
for deposit into the Emergency Medical Services Trust Fund of 130
the Department of Health to be used as provided in s. 395.4036. 131
Section 6. For the purpose of incorporating the amendment 132
made by this act to section 316.192, Florida Statutes, in 133
references thereto, paragraphs (a) and (b) of subsection (4) of 134
section 322.0261, Florida Statutes, are reenacted to read: 135
322.0261 Driver improvement course; requirement to 136
maintain driving privileges; failure to complete; department 137
approval of course.— 138
(4)(a) The department shall identify any operator 139
convicted of, or who pleaded nolo contendere to, a violation of 140
s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 141
316.192 and shall require that operator, in addition to other 142
applicable penalties, to attend a department -approved driver 143
improvement course in order to maintain driving privileges. The 144
department shall, within 10 days after receiving a notice of 145
judicial disposition, send notice to the operator of the 146
requirement to attend a drive r improvement course. If the 147
operator fails to complete the course within 90 days after 148
receiving notice from the department, the operator's driver 149
license shall be canceled by the department until the course is 150
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 7 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
successfully completed. 151
(b) Any operator who receives a traffic citation for a 152
violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 153
s. 316.192, for which the court withholds adjudication, is not 154
required to attend a driver improvement course, unless the court 155
finds that the nature or sev erity of the violation is such that 156
attendance to a driver improvement course is necessary. The 157
department shall, within 10 days after receiving a notice of 158
judicial disposition, send notice to the operator of the 159
requirement to attend a driver improvement course. If the 160
operator fails to complete the course within 90 days after 161
receiving notice from the department, the operator's driver 162
license shall be canceled by the department until the course is 163
successfully completed. 164
Section 7. For the purpose of incorporating the amendment 165
made by this act to section 316.192, Florida Statutes, in a 166
reference thereto, subsection (1) of section 322.61, Florida 167
Statutes, is reenacted to read: 168
322.61 Disqualification from operating a commercial motor 169
vehicle.— 170
(1) A person who, for offenses occurring within a 3 -year 171
period, is convicted of two of the following serious traffic 172
violations or any combination thereof, arising in separate 173
incidents committed in a commercial motor vehicle shall, in 174
addition to any other applicable penalties, be disqualified from 175
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 8 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
operating a commercial motor vehicle for a period of 60 days. A 176
holder of a commercial driver license or commercial learner's 177
permit who, for offenses occurring within a 3 -year period, is 178
convicted of two of the following serious traffic violations, or 179
any combination thereof, arising in separate incidents committed 180
in a noncommercial motor vehicle shall, in addition to any other 181
applicable penalties, be disqualified from operating a 182
commercial motor vehicle for a period of 60 days if such 183
convictions result in the suspension, revocation, or 184
cancellation of the licenseholder's driving privilege: 185
(a) A violation of any state or local law relating to 186
motor vehicle traffic control, other than a parking violation, 187
arising in connection with a crash resulting in death; 188
(b) Reckless driving, as defined in s. 316.192; 189
(c) Unlawful speed of 15 miles per hour or more above the 190
posted speed limit; 191
(d) Improper lane change, as defined in s. 316.085; 192
(e) Following too closely, as defined in s. 316.0895; 193
(f) Driving a commercial vehicle without obtaining a 194
commercial driver license; 195
(g) Driving a commercial vehicle without the proper class 196
of commercial driver license or commercial learner's permit or 197
without the proper endorsement; 198
(h) Driving a commercial vehicle without a commercial 199
driver license or commercial learner's permit in possession, as 200
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 9 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
required by s. 322.03; 201
(i) Texting while driving; or 202
(j) Using a handheld mobile telephone while driving. 203
Section 8. For the purpose of incorporating the amendment 204
made by this act to section 316.192, Florida Statutes, in a 205
reference thereto, subsection (1) of section 337.195, Florida 206
Statutes, is reenacted to read: 207
337.195 Limits on liability. — 208
(1) In a civil action for the death of or injury to a 209
person, or for damage to property, against the Department of 210
Transportation or its agents, consultants, or contractors for 211
work performed on a highway, road, street, bridge, or other 212
transportation facility when th e death, injury, or damage 213
resulted from a motor vehicle crash within a construction zone 214
in which the driver of one of the vehicles was under the 215
influence of alcoholic beverages as set forth in s. 316.193, 216
under the influence of any chemical substance as set forth in s. 217
877.111, or illegally under the influence of any substance 218
controlled under chapter 893 to the extent that her or his 219
normal faculties were impaired or that she or he operated a 220
vehicle recklessly as defined in s. 316.192, it is presumed t hat 221
the driver's operation of the vehicle was the sole proximate 222
cause of her or his own death, injury, or damage. This 223
presumption can be overcome if the gross negligence or 224
intentional misconduct of the Department of Transportation, or 225
HB 1297 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
Page 10 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of its agents, consultants, or contractors, was a proximate 226
cause of the driver's death, injury, or damage. 227
Section 9. This act shall take effect October 1, 2022. 228