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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 VE 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 driving a 3
vehicle at or above a specified speed is reckless 4
driving per se; amending s. 316.1926, F.S.; revising 5
the threshold above the posted speed limit at which a 6
person in violation of certain provisions must be 7
cited for a moving violation; reenacting s. 8
318.14(13), F.S., relating to noncriminal traffic 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 improvement 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. Subsection (1) of section 316.192, Florida 22
Statutes, is amended, and subsections (2), (3), and (4) of that 23
section are republished, to read: 24
316.192 Reckless driving. — 25
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(1)(a) Any person who drives any vehicle in willful or 26
wanton disregard for the safety of persons or property commits 27
is guilty of reckless driving. 28
(b) Driving a vehicle 40 miles per hour or more above the 29
lawful or posted speed limit is reckless driving per se. 30
(c)(b) Fleeing a law enforcement officer in a motor 31
vehicle is reckless driving per se. 32
(2) Except as provided in subsection (3), any person 33
convicted of reckless driving shall be punished: 34
(a) Upon a first conviction, by imprisonment for a period 35
of not more than 90 days or by fine of not less than $25 no r 36
more than $500, or by both such fine and imprisonment. 37
(b) On a second or subsequent conviction, by imprisonment 38
for not more than 6 months or by a fine of not less than $50 nor 39
more than $1,000, or by both such fine and imprisonment. 40
(3) Any person: 41
(a) Who is in violation of subsection (1); 42
(b) Who operates a vehicle; and 43
(c) Who, by reason of such operation, causes: 44
1. Damage to the property or person of another commits a 45
misdemeanor of the first degree, punishable as provided in s. 46
775.082 or s. 775.083. 47
2. Serious bodily injury to another commits a felony of 48
the third degree, punishable as provided in s. 775.082, s. 49
775.083, or s. 775.084. The term "serious bodily injury" means 50
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an injury to another person, which consists of a physical 51
condition that creates a substantial risk of death, serious 52
personal disfigurement, or protracted loss or impairment of the 53
function of any bodily member or organ. 54
(4) Notwithstanding any other provision of this section, 55
$5 shall be added to a fine imposed pursuant to this section. 56
The clerk shall remit the $5 to the Department of Revenue for 57
deposit in the Emergency Medical Services Trust Fund. 58
Section 2. Subsection (2) of section 316.1926, Florida 59
Statutes, is amended to read: 60
316.1926 Additional of fenses.— 61
(2) A person who exceeds the lawful or posted speed limit 62
by up to 39 in excess of 50 miles per hour or more in violation 63
of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a 64
moving violation, punishable as provided in chapter 318. A 65
person who exceeds the lawful or posted speed limit by 40 miles 66
per hour or more in violation of s. 316.192(1)(b) shall be 67
punished as provided in s. 316.192. 68
Section 3. For the purpose of incorporating the amendment 69
made by this act to section 316.19 26, Florida Statutes, in 70
references thereto, subsection (13) of section 318.14, Florida 71
Statutes, is reenacted to read: 72
318.14 Noncriminal traffic infractions; exception; 73
procedures.— 74
(13)(a) A person cited for a violation of s. 316.1926 75
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shall, in addition to any other requirements provided in this 76
section, pay a fine of $1,000. This fine is in lieu of the fine 77
required under s. 318.18(3)(b), if the person was cited for 78
violation of s. 316.1926(2). 79
(b) A person cited for a second violation of s. 316.1 926 80
shall, in addition to any other requirements provided in this 81
section, pay a fine of $2,500. This fine is in lieu of the fine 82
required under s. 318.18(3)(b), if the person was cited for 83
violation of s. 316.1926(2). In addition, the court shall revoke 84
the person's authorization and privilege to operate a motor 85
vehicle for a period of 1 year and order the person to surrender 86
his or her driver license. 87
(c) A person cited for a third violation of s. 316.1926 88
commits a felony of the third degree, punishabl e as provided in 89
s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the 90
court shall impose a fine of $5,000, revoke the person's 91
authorization and privilege to operate a motor vehicle for a 92
period of 10 years, and order the person to surrender his or her 93
driver license. 94
Section 4. For the purpose of incorporating the amendment 95
made by this act to section 316.192, Florida Statutes, in a 96
reference thereto, section 318.17, Florida Statutes, is 97
reenacted to read: 98
318.17 Offenses excepted. —No provision of this chapter is 99
available to a person who is charged with any of the following 100
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offenses: 101
(1) Fleeing or attempting to elude a police officer, in 102
violation of s. 316.1935; 103
(2) Leaving the scene of a crash, in violation of ss. 104
316.027 and 316.061; 105
(3) Driving, or being in actual physical control of, any 106
vehicle while under the influence of alcoholic beverages, any 107
chemical substance set forth in s. 877.111, or any substance 108
controlled under chapter 893, in violation of s. 316.193, or 109
driving with an unlawful blood-alcohol level; 110
(4) Reckless driving, in violation of s. 316.192; 111
(5) Making false crash reports, in violation of s. 112
316.067; 113
(6) Willfully failing or refusing to comply with any 114
lawful order or direction of any police officer or memb er of the 115
fire department, in violation of s. 316.072(3); 116
(7) Obstructing an officer, in violation of s. 316.545(1); 117
or 118
(8) Any other offense in chapter 316 which is classified 119
as a criminal violation. 120
Section 5. For the purpose of incorporating th e amendment 121
made by this act to section 316.192, Florida Statutes, in a 122
reference thereto, subsection (20) of section 318.18, Florida 123
Statutes, is reenacted to read: 124
318.18 Amount of penalties. —The penalties required for a 125
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noncriminal disposition pursuan t to s. 318.14 or a criminal 126
offense listed in s. 318.17 are as follows: 127
(20) In addition to any other penalty, $65 for a violation 128
of s. 316.191, prohibiting racing on highways, or s. 316.192, 129
prohibiting reckless driving. The additional $65 collected u nder 130
this subsection shall be remitted to the Department of Revenue 131
for deposit into the Emergency Medical Services Trust Fund of 132
the Department of Health to be used as provided in s. 395.4036. 133
Section 6. For the purpose of incorporating the amendment 134
made by this act to section 316.192, Florida Statutes, in 135
references thereto, paragraphs (a) and (b) of subsection (4) of 136
section 322.0261, Florida Statutes, are reenacted to read: 137
322.0261 Driver improvement course; requirement to 138
maintain driving privi leges; failure to complete; department 139
approval of course.— 140
(4)(a) The department shall identify any operator 141
convicted of, or who pleaded nolo contendere to, a violation of 142
s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 143
316.192 and shall require that operator, in addition to other 144
applicable penalties, to attend a department -approved driver 145
improvement course in order to maintain driving privileges. The 146
department shall, within 10 days after receiving a notice of 147
judicial disposition, s end notice to the operator of the 148
requirement to attend a driver improvement course. If the 149
operator fails to complete the course within 90 days after 150
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receiving notice from the department, the operator's driver 151
license shall be canceled by the department u ntil the course is 152
successfully completed. 153
(b) Any operator who receives a traffic citation for a 154
violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 155
s. 316.192, for which the court withholds adjudication, is not 156
required to attend a driver im provement course, unless the court 157
finds that the nature or severity of the violation is such that 158
attendance to a driver improvement course is necessary. The 159
department shall, within 10 days after receiving a notice of 160
judicial disposition, send notice to the operator of the 161
requirement to attend a driver improvement course. If the 162
operator fails to complete the course within 90 days after 163
receiving notice from the department, the operator's driver 164
license shall be canceled by the department until the cour se is 165
successfully completed. 166
Section 7. For the purpose of incorporating the amendment 167
made by this act to section 316.192, Florida Statutes, in a 168
reference thereto, subsection (1) of section 322.61, Florida 169
Statutes, is reenacted to read: 170
322.61 Disqualification from operating a commercial motor 171
vehicle.— 172
(1) A person who, for offenses occurring within a 3 -year 173
period, is convicted of two of the following serious traffic 174
violations or any combination thereof, arising in separate 175
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incidents committed in a commercial motor vehicle shall, in 176
addition to any other applicable penalties, be disqualified from 177
operating a commercial motor vehicle for a period of 60 days. A 178
holder of a commercial driver license or commercial learner's 179
permit who, for offen ses occurring within a 3 -year period, is 180
convicted of two of the following serious traffic violations, or 181
any combination thereof, arising in separate incidents committed 182
in a noncommercial motor vehicle shall, in addition to any other 183
applicable penalties , be disqualified from operating a 184
commercial motor vehicle for a period of 60 days if such 185
convictions result in the suspension, revocation, or 186
cancellation of the licenseholder's driving privilege: 187
(a) A violation of any state or local law relating to 188
motor vehicle traffic control, other than a parking violation, 189
arising in connection with a crash resulting in death; 190
(b) Reckless driving, as defined in s. 316.192; 191
(c) Unlawful speed of 15 miles per hour or more above the 192
posted speed limit; 193
(d) Improper lane change, as defined in s. 316.085; 194
(e) Following too closely, as defined in s. 316.0895; 195
(f) Driving a commercial vehicle without obtaining a 196
commercial driver license; 197
(g) Driving a commercial vehicle without the proper class 198
of commercial driver license or commercial learner's permit or 199
without the proper endorsement; 200
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(h) Driving a commercial vehicle without a commercial 201
driver license or commercial learner's permit in possession, as 202
required by s. 322.03; 203
(i) Texting while driving; o r 204
(j) Using a handheld mobile telephone while driving. 205
Section 8. For the purpose of incorporating the amendment 206
made by this act to section 316.192, Florida Statutes, in a 207
reference thereto, subsection (1) of section 337.195, Florida 208
Statutes, is reenacted to read: 209
337.195 Limits on liability. — 210
(1) In a civil action for the death of or injury to a 211
person, or for damage to property, against the Department of 212
Transportation or its agents, consultants, or contractors for 213
work performed on a highway, road, street, bridge, or other 214
transportation facility when the death, injury, or damage 215
resulted from a motor vehicle crash within a construction zone 216
in which the driver of one of the vehicles was under the 217
influence of alcoholic beverages as set forth in s. 316.193, 218
under the influence of any chemical substance as set forth in s. 219
877.111, or illegally under the influence of any substance 220
controlled under chapter 893 to the extent that her or his 221
normal faculties were impaired or that she or he operated a 222
vehicle recklessly as defined in s. 316.192, it is presumed that 223
the driver's operation of the vehicle was the sole proximate 224
cause of her or his own death, injury, or damage. This 225
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presumption can be overcome if the gross negligence or 226
intentional misconduct of the Department of Transportation, or 227
of its agents, consultants, or contractors, was a proximate 228
cause of the driver's death, injury, or damage. 229
Section 9. This act shall take effect October 1, 2022. 230