Florida 2025 2025 Regular Session

Florida House Bill H0351 Introduced / Bill

Filed 02/03/2025

                       
 
HB 351   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to traffic infractions; amending s. 2 
316.192, F.S.; providing additional actions that 3 
constitute reckless driving per se; increasing 4 
penalties for reckless driving; providing impoundment 5 
procedures for motor vehicles used in certain reckless 6 
driving offenses; amending s. 318.14, F.S.; 7 
authorizing, rather than requiring, an officer to 8 
indicate the applicable civil penalty on a traffic 9 
citation; increasing penalties for certain offenses; 10 
amending s. 318.19, F.S.; requiring a person cited for 11 
certain infractions to appear at a scheduled hearing; 12 
providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Subsections (1) and (2) of section 316.192, 17 
Florida Statutes, are amended, and subsection (6) is added to 18 
that section, to read: 19 
 316.192  Reckless driving. — 20 
 (1)(a)  A Any person who drives a any vehicle in willful or 21 
wanton disregard for the safety of per sons or property commits 22 
is guilty of reckless driving. 23 
 (b)  Fleeing a law enforcement officer in a motor vehicle 24 
is reckless driving per se. 25     
 
HB 351   	2025 
 
 
 
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 (c)  Exceeding the speed limit by 50 mph or more is 26 
reckless driving per se. 27 
 (d)  Operating a motor vehicle at 100 mph or more is 28 
reckless driving per se. 29 
 (2)  Except as provided in subsection (3), a any person 30 
convicted of reckless driving shall be punished: 31 
 (a)  Upon a first conviction, by imprisonment for up to a 32 
period of not more than 90 days or by a fine of not less than 33 
$2,500 $25 nor more than $500 , or by both such fine and 34 
imprisonment. In addition, the court shall revoke the person's 35 
driving privilege for 6 months. 36 
 (b)  On a second or subsequent conviction, by imprisonment 37 
for up to not more than 6 months or by a fine of not less than 38 
$5,000 $50 nor more than $1,000 , or by both such fine and 39 
imprisonment. In addition, the court shall revoke the person's 40 
driving privilege for 1 year. 41 
 (6)  If a law enforcement officer has arrested or issued a 42 
criminal citation to the operator of a motor vehicle used in 43 
violation of paragraph (1)(c) or (1)(d), the officer may 44 
immediately impound the motor vehicle. The law enforcement 45 
officer shall notify the department of any impoundment under 46 
this subsection in accordance with procedures established by the 47 
department. The motor vehicle may be impounded for up to 30 48 
days. 49 
 Section 2.  Subsections (2) and (13) of section 318.14, 50     
 
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Florida Statutes, are amended to read: 51 
 318.14  Noncriminal traffic infractions; exception; 52 
procedures.— 53 
 (2)  Except as provided in ss. 316.1001(2), 316.0083, 54 
316.173, and 316.1896, any person cited for a violation 55 
requiring a mandatory hearing listed in s. 318.19 or any other 56 
criminal traffic violation listed in chapter 316 must sign and 57 
accept a citation indicating a promise to appear. The officer 58 
may indicate on the traffic citation the time and location of 59 
the scheduled hearing and may must indicate the applicable civil 60 
penalty established in s. 318.18. For all other infractions 61 
under this section, except for infractions under s. 316.1001, 62 
the officer must certify by electronic, electronic facsimile, or 63 
written signature that the citation was delivered to the person 64 
cited. This certification is prima facie evidence that the 65 
person cited was served with the citation. 66 
 (13)(a)  A person cited for a violation of s. 316.1926 67 
shall, in addition to any other requirements provided in this 68 
section, pay a fine of $2,500 $1,000. This fine is in lieu of 69 
the fine required under s. 318.18(3)(b), if the person was cited 70 
for violation of s. 316.1926(2). In addition, the court shall 71 
revoke the person's driving privilege for 6 months. 72 
 (b)  A person cited for a second violation of s. 3 16.1926 73 
shall, in addition to any other requirements provided in this 74 
section, pay a fine of $5,000 $2,500. This fine is in lieu of 75     
 
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the fine required under s. 318.18(3)(b), if the person was cited 76 
for violation of s. 316.1926(2). In addition, the court sha ll 77 
revoke the person's driving privilege for authorization and 78 
privilege to operate a motor vehicle for a period of 1 year and 79 
order the person to surrender his or her driver license. 80 
 (c)  A person cited for a third violation of s. 316.1926 81 
commits a felony of the third degree, punishable as provided in 82 
s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the 83 
court shall impose a fine of $7,500 $5,000, revoke the person's 84 
driving privilege for authorization and privilege to operate a 85 
motor vehicle for a period of 10 years, and order the person to 86 
surrender his or her driver license. 87 
 Section 3.  Subsections (4) and (5) of section 318.19, 88 
Florida Statutes, are amended, and subsection (6) is added to 89 
that section, to read: 90 
 318.19 Infractions requiring a mandatory hearing. —Any 91 
person cited for the infractions listed in this section shall 92 
not have the provisions of s. 318.14(2), (4), and (9) available 93 
to him or her but must appear before the designated official at 94 
the time and location of the scheduled hearing: 95 
 (4)  Any infraction of s. 316.520(1) or (2); or 96 
 (5)  Any infraction of s. 316.183(2), s. 316.187, or s. 97 
316.189 of exceeding the speed limit by 30 mph or more ; or 98 
 (6)  Any infraction of s. 316.1926 . 99 
 Section 4. This act shall take effect July 1, 2025. 100