FL
Florida House Bill H1297

Florida 2022 Regular Session

Florida House Bill H1297 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to driving over the speed limit; 2
16-amending s. 316.192, F.S.; providing that driving a 3
17-vehicle at or above a specified speed is reckless 4
18-driving per se; amending s. 316.1926, F.S.; revising 5
19-the threshold above the posted speed limit at which a 6
20-person in violation of certain provisions must be 7
21-cited for a moving violation; reenacting s. 8
16+amending s. 316.192, F.S.; providing that any person 3
17+who drives any vehicle at or above a specified speed 4
18+commits reckless driving; amending s. 316.1926, F.S.; 5
19+revising the threshold above the posted speed limit at 6
20+which a person in violation of certain provisions must 7
21+be cited for a moving violation; reenacting s. 8
2222 318.14(13), F.S., relating to noncriminal tra ffic 9
2323 infractions, to incorporate the amendment made to s. 10
2424 316.1926, F.S., in references thereto; reenacting ss. 11
2525 318.17, 318.18(20), 322.0261(4)(a) and (b), 322.61(1), 12
2626 and 337.195(1), F.S., relating to offenses excepted, 13
2727 the amount of penalties, driver impr ovement courses, 14
2828 disqualification from operating a motor vehicle, and 15
2929 limits on liability, respectively, to incorporate the 16
3030 amendment made to s. 316.192, F.S., in references 17
3131 thereto; providing an effective date. 18
3232 19
3333 Be It Enacted by the Legislature of the State of Florida: 20
3434 21
35- Section 1. Subsection (1) of section 316.192, Florida 22
36-Statutes, is amended, and subsections (2), (3), and (4) of that 23
37-section are republished, to read: 24
35+ Section 1. Paragraph (a) of subsection (1) of section 22
36+316.192, Florida Statutes, is amended, and subsections (2), (3), 23
37+and (4) of that section are republished, to read: 24
3838 316.192 Reckless driving. — 25
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4747 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
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5151 (1)(a) Any person who drives any vehicle in willful or 26
52-wanton disregard for the safety of persons or property commits 27
53-is guilty of reckless driving. 28
54- (b) Driving a vehicle 40 miles per hour or more above the 29
55-lawful or posted speed limit is reckless driving per se. 30
56- (c)(b) Fleeing a law enforcement officer in a motor 31
57-vehicle is reckless driving per se. 32
58- (2) Except as provided in subsection (3), any person 33
59-convicted of reckless driving shall be punished: 34
60- (a) Upon a first conviction, by imprisonment for a period 35
61-of not more than 90 days or by fine of not less than $25 no r 36
62-more than $500, or by both such fine and imprisonment. 37
63- (b) On a second or subsequent conviction, by imprisonment 38
64-for not more than 6 months or by a fine of not less than $50 nor 39
65-more than $1,000, or by both such fine and imprisonment. 40
66- (3) Any person: 41
67- (a) Who is in violation of subsection (1); 42
68- (b) Who operates a vehicle; and 43
69- (c) Who, by reason of such operation, causes: 44
70- 1. Damage to the property or person of another commits a 45
71-misdemeanor of the first degree, punishable as provided in s. 46
72-775.082 or s. 775.083. 47
73- 2. Serious bodily injury to another commits a felony of 48
74-the third degree, punishable as provided in s. 775.082, s. 49
75-775.083, or s. 775.084. The term "serious bodily injury" means 50
52+wanton disregard for the safety of persons or property , or any 27
53+person who drives any vehicle 40 miles per hour or more above 28
54+the lawful or posted speed limit, commits is guilty of reckless 29
55+driving. 30
56+ (2) Except as provided in subsect ion (3), any person 31
57+convicted of reckless driving shall be punished: 32
58+ (a) Upon a first conviction, by imprisonment for a period 33
59+of not more than 90 days or by fine of not less than $25 nor 34
60+more than $500, or by both such fine and imprisonment. 35
61+ (b) On a second or subsequent conviction, by imprisonment 36
62+for not more than 6 months or by a fine of not less than $50 nor 37
63+more than $1,000, or by both such fine and imprisonment. 38
64+ (3) Any person: 39
65+ (a) Who is in violation of subsection (1); 40
66+ (b) Who operates a v ehicle; and 41
67+ (c) Who, by reason of such operation, causes: 42
68+ 1. Damage to the property or person of another commits a 43
69+misdemeanor of the first degree, punishable as provided in s. 44
70+775.082 or s. 775.083. 45
71+ 2. Serious bodily injury to another commits a felo ny of 46
72+the third degree, punishable as provided in s. 775.082, s. 47
73+775.083, or s. 775.084. The term "serious bodily injury" means 48
74+an injury to another person, which consists of a physical 49
75+condition that creates a substantial risk of death, serious 50
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8484 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
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88-an injury to another person, which consists of a physical 51
89-condition that creates a substantial risk of death, serious 52
90-personal disfigurement, or protracted loss or impairment of the 53
91-function of any bodily member or organ. 54
92- (4) Notwithstanding any other provision of this section, 55
93-$5 shall be added to a fine imposed pursuant to this section. 56
94-The clerk shall remit the $5 to the Department of Revenue for 57
95-deposit in the Emergency Medical Services Trust Fund. 58
96- Section 2. Subsection (2) of section 316.1926, Florida 59
97-Statutes, is amended to read: 60
98- 316.1926 Additional of fenses.— 61
99- (2) A person who exceeds the lawful or posted speed limit 62
100-by up to 39 in excess of 50 miles per hour or more in violation 63
101-of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a 64
102-moving violation, punishable as provided in chapter 318. A 65
103-person who exceeds the lawful or posted speed limit by 40 miles 66
104-per hour or more in violation of s. 316.192(1)(b) shall be 67
105-punished as provided in s. 316.192. 68
106- Section 3. For the purpose of incorporating the amendment 69
107-made by this act to section 316.19 26, Florida Statutes, in 70
108-references thereto, subsection (13) of section 318.14, Florida 71
109-Statutes, is reenacted to read: 72
110- 318.14 Noncriminal traffic infractions; exception; 73
111-procedures.— 74
112- (13)(a) A person cited for a violation of s. 316.1926 75
88+personal disfigurement, or protracted loss or impairment of the 51
89+function of any bodily member or organ. 52
90+ (4) Notwithstanding any other provision of this section, 53
91+$5 shall be added to a fine imposed pursuant to this section. 54
92+The clerk shall remit the $5 to the Department of Revenue for 55
93+deposit in the Emergency Medical Services Trust Fund. 56
94+ Section 2. Subsection (2) of section 316.1926, Florida 57
95+Statutes, is amended to read: 58
96+ 316.1926 Additional offenses. — 59
97+ (2) A person who exceeds the lawful or posted speed limit 60
98+by up to 39 in excess of 50 miles per hour or more in violation 61
99+of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a 62
100+moving violation, punishable as provided in chapter 318. A 63
101+person who exceeds the lawful or posted speed limit by 40 mile s 64
102+per hour or more in violation of s. 316.192(1)(a) shall be 65
103+punished as provided in s. 316.192. 66
104+ Section 3. For the purpose of incorporating the amendment 67
105+made by this act to section 316.1926, Florida Statutes, in 68
106+references thereto, subsection (13) of section 318.14, Florida 69
107+Statutes, is reenacted to read: 70
108+ 318.14 Noncriminal traffic infractions; exception; 71
109+procedures.— 72
110+ (13)(a) A person cited for a violation of s. 316.1926 73
111+shall, in addition to any other requirements provided in this 74
112+section, pay a fine of $1,000. This fine is in lieu of the fine 75
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121121 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
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125-shall, in addition to any other requirements provided in this 76
126-section, pay a fine of $1,000. This fine is in lieu of the fine 77
127-required under s. 318.18(3)(b), if the person was cited for 78
128-violation of s. 316.1926(2). 79
129- (b) A person cited for a second violation of s. 316.1 926 80
130-shall, in addition to any other requirements provided in this 81
131-section, pay a fine of $2,500. This fine is in lieu of the fine 82
132-required under s. 318.18(3)(b), if the person was cited for 83
133-violation of s. 316.1926(2). In addition, the court shall revoke 84
134-the person's authorization and privilege to operate a motor 85
135-vehicle for a period of 1 year and order the person to surrender 86
136-his or her driver license. 87
137- (c) A person cited for a third violation of s. 316.1926 88
138-commits a felony of the third degree, punishabl e as provided in 89
139-s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the 90
140-court shall impose a fine of $5,000, revoke the person's 91
141-authorization and privilege to operate a motor vehicle for a 92
142-period of 10 years, and order the person to surrender his or her 93
143-driver license. 94
144- Section 4. For the purpose of incorporating the amendment 95
145-made by this act to section 316.192, Florida Statutes, in a 96
146-reference thereto, section 318.17, Florida Statutes, is 97
147-reenacted to read: 98
148- 318.17 Offenses excepted. —No provision of this chapter is 99
149-available to a person who is charged with any of the following 100
125+required under s. 318.18(3)(b), if the person was cited for 76
126+violation of s. 316.1926(2). 77
127+ (b) A person cited for a second violation of s. 316.1926 78
128+shall, in addition to any other requirements provided in th is 79
129+section, pay a fine of $2,500. This fine is in lieu of the fine 80
130+required under s. 318.18(3)(b), if the person was cited for 81
131+violation of s. 316.1926(2). In addition, the court shall revoke 82
132+the person's authorization and privilege to operate a motor 83
133+vehicle for a period of 1 year and order the person to surrender 84
134+his or her driver license. 85
135+ (c) A person cited for a third violation of s. 316.1926 86
136+commits a felony of the third degree, punishable as provided in 87
137+s. 775.082, s. 775.083, or s. 775.084. Upon co nviction, the 88
138+court shall impose a fine of $5,000, revoke the person's 89
139+authorization and privilege to operate a motor vehicle for a 90
140+period of 10 years, and order the person to surrender his or her 91
141+driver license. 92
142+ Section 4. For the purpose of incorpora ting the amendment 93
143+made by this act to section 316.192, Florida Statutes, in a 94
144+reference thereto, section 318.17, Florida Statutes, is 95
145+reenacted to read: 96
146+ 318.17 Offenses excepted. —No provision of this chapter is 97
147+available to a person who is charged with any of the following 98
148+offenses: 99
149+ (1) Fleeing or attempting to elude a police officer, in 100
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158158 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
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162-offenses: 101
163- (1) Fleeing or attempting to elude a police officer, in 102
164-violation of s. 316.1935; 103
165- (2) Leaving the scene of a crash, in violation of ss. 104
166-316.027 and 316.061; 105
167- (3) Driving, or being in actual physical control of, any 106
168-vehicle while under the influence of alcoholic beverages, any 107
169-chemical substance set forth in s. 877.111, or any substance 108
170-controlled under chapter 893, in violation of s. 316.193, or 109
171-driving with an unlawful blood-alcohol level; 110
172- (4) Reckless driving, in violation of s. 316.192; 111
173- (5) Making false crash reports, in violation of s. 112
174-316.067; 113
175- (6) Willfully failing or refusing to comply with any 114
176-lawful order or direction of any police officer or memb er of the 115
177-fire department, in violation of s. 316.072(3); 116
178- (7) Obstructing an officer, in violation of s. 316.545(1); 117
179-or 118
180- (8) Any other offense in chapter 316 which is classified 119
181-as a criminal violation. 120
182- Section 5. For the purpose of incorporating th e amendment 121
183-made by this act to section 316.192, Florida Statutes, in a 122
184-reference thereto, subsection (20) of section 318.18, Florida 123
185-Statutes, is reenacted to read: 124
186- 318.18 Amount of penalties. —The penalties required for a 125
162+violation of s. 316.1935; 101
163+ (2) Leaving the scene of a crash, in violation of ss. 102
164+316.027 and 316.061; 103
165+ (3) Driving, or being in actual physical control of, any 104
166+vehicle while under the influence of alcoholic beverages, any 105
167+chemical substance set forth in s. 877.111, or any substance 106
168+controlled under chapter 893, in violation of s. 316.193, or 107
169+driving with an unlawful blood -alcohol level; 108
170+ (4) Reckless driving, in viol ation of s. 316.192; 109
171+ (5) Making false crash reports, in violation of s. 110
172+316.067; 111
173+ (6) Willfully failing or refusing to comply with any 112
174+lawful order or direction of any police officer or member of the 113
175+fire department, in violation of s. 316.072(3); 114
176+ (7) Obstructing an officer, in violation of s. 316.545(1); 115
177+or 116
178+ (8) Any other offense in chapter 316 which is classified 117
179+as a criminal violation. 118
180+ Section 5. For the purpose of incorporating the amendment 119
181+made by this act to section 316.192, Florida Statut es, in a 120
182+reference thereto, subsection (20) of section 318.18, Florida 121
183+Statutes, is reenacted to read: 122
184+ 318.18 Amount of penalties. —The penalties required for a 123
185+noncriminal disposition pursuant to s. 318.14 or a criminal 124
186+offense listed in s. 318.17 are as follows: 125
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195195 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
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199-noncriminal disposition pursuan t to s. 318.14 or a criminal 126
200-offense listed in s. 318.17 are as follows: 127
201- (20) In addition to any other penalty, $65 for a violation 128
202-of s. 316.191, prohibiting racing on highways, or s. 316.192, 129
203-prohibiting reckless driving. The additional $65 collected u nder 130
204-this subsection shall be remitted to the Department of Revenue 131
205-for deposit into the Emergency Medical Services Trust Fund of 132
206-the Department of Health to be used as provided in s. 395.4036. 133
207- Section 6. For the purpose of incorporating the amendment 134
208-made by this act to section 316.192, Florida Statutes, in 135
209-references thereto, paragraphs (a) and (b) of subsection (4) of 136
210-section 322.0261, Florida Statutes, are reenacted to read: 137
211- 322.0261 Driver improvement course; requirement to 138
212-maintain driving privi leges; failure to complete; department 139
213-approval of course.— 140
214- (4)(a) The department shall identify any operator 141
215-convicted of, or who pleaded nolo contendere to, a violation of 142
216-s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 143
217-316.192 and shall require that operator, in addition to other 144
218-applicable penalties, to attend a department -approved driver 145
219-improvement course in order to maintain driving privileges. The 146
220-department shall, within 10 days after receiving a notice of 147
221-judicial disposition, s end notice to the operator of the 148
222-requirement to attend a driver improvement course. If the 149
223-operator fails to complete the course within 90 days after 150
199+ (20) In addition to any other penalty, $65 for a violation 126
200+of s. 316.191, prohibiting racing on highways, or s. 316.192, 127
201+prohibiting reckless driving. The additional $65 collected under 128
202+this subsection shall be remitted to the Department of Rev enue 129
203+for deposit into the Emergency Medical Services Trust Fund of 130
204+the Department of Health to be used as provided in s. 395.4036. 131
205+ Section 6. For the purpose of incorporating the amendment 132
206+made by this act to section 316.192, Florida Statutes, in 133
207+references thereto, paragraphs (a) and (b) of subsection (4) of 134
208+section 322.0261, Florida Statutes, are reenacted to read: 135
209+ 322.0261 Driver improvement course; requirement to 136
210+maintain driving privileges; failure to complete; department 137
211+approval of course.— 138
212+ (4)(a) The department shall identify any operator 139
213+convicted of, or who pleaded nolo contendere to, a violation of 140
214+s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 141
215+316.192 and shall require that operator, in addition to other 142
216+applicable penalties, to attend a department -approved driver 143
217+improvement course in order to maintain driving privileges. The 144
218+department shall, within 10 days after receiving a notice of 145
219+judicial disposition, send notice to the operator of the 146
220+requirement to attend a drive r improvement course. If the 147
221+operator fails to complete the course within 90 days after 148
222+receiving notice from the department, the operator's driver 149
223+license shall be canceled by the department until the course is 150
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232232 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
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236-receiving notice from the department, the operator's driver 151
237-license shall be canceled by the department u ntil the course is 152
238-successfully completed. 153
239- (b) Any operator who receives a traffic citation for a 154
240-violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 155
241-s. 316.192, for which the court withholds adjudication, is not 156
242-required to attend a driver im provement course, unless the court 157
243-finds that the nature or severity of the violation is such that 158
244-attendance to a driver improvement course is necessary. The 159
245-department shall, within 10 days after receiving a notice of 160
246-judicial disposition, send notice to the operator of the 161
247-requirement to attend a driver improvement course. If the 162
248-operator fails to complete the course within 90 days after 163
249-receiving notice from the department, the operator's driver 164
250-license shall be canceled by the department until the cour se is 165
251-successfully completed. 166
252- Section 7. For the purpose of incorporating the amendment 167
253-made by this act to section 316.192, Florida Statutes, in a 168
254-reference thereto, subsection (1) of section 322.61, Florida 169
255-Statutes, is reenacted to read: 170
256- 322.61 Disqualification from operating a commercial motor 171
257-vehicle.— 172
258- (1) A person who, for offenses occurring within a 3 -year 173
259-period, is convicted of two of the following serious traffic 174
260-violations or any combination thereof, arising in separate 175
236+successfully completed. 151
237+ (b) Any operator who receives a traffic citation for a 152
238+violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 153
239+s. 316.192, for which the court withholds adjudication, is not 154
240+required to attend a driver improvement course, unless the court 155
241+finds that the nature or sev erity of the violation is such that 156
242+attendance to a driver improvement course is necessary. The 157
243+department shall, within 10 days after receiving a notice of 158
244+judicial disposition, send notice to the operator of the 159
245+requirement to attend a driver improvement course. If the 160
246+operator fails to complete the course within 90 days after 161
247+receiving notice from the department, the operator's driver 162
248+license shall be canceled by the department until the course is 163
249+successfully completed. 164
250+ Section 7. For the purpose of incorporating the amendment 165
251+made by this act to section 316.192, Florida Statutes, in a 166
252+reference thereto, subsection (1) of section 322.61, Florida 167
253+Statutes, is reenacted to read: 168
254+ 322.61 Disqualification from operating a commercial motor 169
255+vehicle.— 170
256+ (1) A person who, for offenses occurring within a 3 -year 171
257+period, is convicted of two of the following serious traffic 172
258+violations or any combination thereof, arising in separate 173
259+incidents committed in a commercial motor vehicle shall, in 174
260+addition to any other applicable penalties, be disqualified from 175
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269269 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
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273-incidents committed in a commercial motor vehicle shall, in 176
274-addition to any other applicable penalties, be disqualified from 177
275-operating a commercial motor vehicle for a period of 60 days. A 178
276-holder of a commercial driver license or commercial learner's 179
277-permit who, for offen ses occurring within a 3 -year period, is 180
278-convicted of two of the following serious traffic violations, or 181
279-any combination thereof, arising in separate incidents committed 182
280-in a noncommercial motor vehicle shall, in addition to any other 183
281-applicable penalties , be disqualified from operating a 184
282-commercial motor vehicle for a period of 60 days if such 185
283-convictions result in the suspension, revocation, or 186
284-cancellation of the licenseholder's driving privilege: 187
285- (a) A violation of any state or local law relating to 188
286-motor vehicle traffic control, other than a parking violation, 189
287-arising in connection with a crash resulting in death; 190
288- (b) Reckless driving, as defined in s. 316.192; 191
289- (c) Unlawful speed of 15 miles per hour or more above the 192
290-posted speed limit; 193
291- (d) Improper lane change, as defined in s. 316.085; 194
292- (e) Following too closely, as defined in s. 316.0895; 195
293- (f) Driving a commercial vehicle without obtaining a 196
294-commercial driver license; 197
295- (g) Driving a commercial vehicle without the proper class 198
296-of commercial driver license or commercial learner's permit or 199
297-without the proper endorsement; 200
273+operating a commercial motor vehicle for a period of 60 days. A 176
274+holder of a commercial driver license or commercial learner's 177
275+permit who, for offenses occurring within a 3 -year period, is 178
276+convicted of two of the following serious traffic violations, or 179
277+any combination thereof, arising in separate incidents committed 180
278+in a noncommercial motor vehicle shall, in addition to any other 181
279+applicable penalties, be disqualified from operating a 182
280+commercial motor vehicle for a period of 60 days if such 183
281+convictions result in the suspension, revocation, or 184
282+cancellation of the licenseholder's driving privilege: 185
283+ (a) A violation of any state or local law relating to 186
284+motor vehicle traffic control, other than a parking violation, 187
285+arising in connection with a crash resulting in death; 188
286+ (b) Reckless driving, as defined in s. 316.192; 189
287+ (c) Unlawful speed of 15 miles per hour or more above the 190
288+posted speed limit; 191
289+ (d) Improper lane change, as defined in s. 316.085; 192
290+ (e) Following too closely, as defined in s. 316.0895; 193
291+ (f) Driving a commercial vehicle without obtaining a 194
292+commercial driver license; 195
293+ (g) Driving a commercial vehicle without the proper class 196
294+of commercial driver license or commercial learner's permit or 197
295+without the proper endorsement; 198
296+ (h) Driving a commercial vehicle without a commercial 199
297+driver license or commercial learner's permit in possession, as 200
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306306 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
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310- (h) Driving a commercial vehicle without a commercial 201
311-driver license or commercial learner's permit in possession, as 202
312-required by s. 322.03; 203
313- (i) Texting while driving; o r 204
314- (j) Using a handheld mobile telephone while driving. 205
315- Section 8. For the purpose of incorporating the amendment 206
316-made by this act to section 316.192, Florida Statutes, in a 207
317-reference thereto, subsection (1) of section 337.195, Florida 208
318-Statutes, is reenacted to read: 209
319- 337.195 Limits on liability. — 210
320- (1) In a civil action for the death of or injury to a 211
321-person, or for damage to property, against the Department of 212
322-Transportation or its agents, consultants, or contractors for 213
323-work performed on a highway, road, street, bridge, or other 214
324-transportation facility when the death, injury, or damage 215
325-resulted from a motor vehicle crash within a construction zone 216
326-in which the driver of one of the vehicles was under the 217
327-influence of alcoholic beverages as set forth in s. 316.193, 218
328-under the influence of any chemical substance as set forth in s. 219
329-877.111, or illegally under the influence of any substance 220
330-controlled under chapter 893 to the extent that her or his 221
331-normal faculties were impaired or that she or he operated a 222
332-vehicle recklessly as defined in s. 316.192, it is presumed that 223
333-the driver's operation of the vehicle was the sole proximate 224
334-cause of her or his own death, injury, or damage. This 225
310+required by s. 322.03; 201
311+ (i) Texting while driving; or 202
312+ (j) Using a handheld mobile telephone while driving. 203
313+ Section 8. For the purpose of incorporating the amendment 204
314+made by this act to section 316.192, Florida Statutes, in a 205
315+reference thereto, subsection (1) of section 337.195, Florida 206
316+Statutes, is reenacted to read: 207
317+ 337.195 Limits on liability. — 208
318+ (1) In a civil action for the death of or injury to a 209
319+person, or for damage to property, against the Department of 210
320+Transportation or its agents, consultants, or contractors for 211
321+work performed on a highway, road, street, bridge, or other 212
322+transportation facility when th e death, injury, or damage 213
323+resulted from a motor vehicle crash within a construction zone 214
324+in which the driver of one of the vehicles was under the 215
325+influence of alcoholic beverages as set forth in s. 316.193, 216
326+under the influence of any chemical substance as set forth in s. 217
327+877.111, or illegally under the influence of any substance 218
328+controlled under chapter 893 to the extent that her or his 219
329+normal faculties were impaired or that she or he operated a 220
330+vehicle recklessly as defined in s. 316.192, it is presumed t hat 221
331+the driver's operation of the vehicle was the sole proximate 222
332+cause of her or his own death, injury, or damage. This 223
333+presumption can be overcome if the gross negligence or 224
334+intentional misconduct of the Department of Transportation, or 225
335335
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336+HB 1297 2022
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340340 CODING: Words stricken are deletions; words underlined are additions.
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343343 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
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347-presumption can be overcome if the gross negligence or 226
348-intentional misconduct of the Department of Transportation, or 227
349-of its agents, consultants, or contractors, was a proximate 228
350-cause of the driver's death, injury, or damage. 229
351- Section 9. This act shall take effect October 1, 2022. 230
347+of its agents, consultants, or contractors, was a proximate 226
348+cause of the driver's death, injury, or damage. 227
349+ Section 9. This act shall take effect October 1, 2022. 228