HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1133 Violations Against Vulnerable Road Users
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Redondo and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1528
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 18 Y, 0 N, As CS Butcher Hall
2) Transportation & Modals Subcommittee 14 Y, 0 N Hinshelwood Hinshelwood
3) Judiciary Committee 21 Y, 0 N, As CS Butcher Kramer
SUMMARY ANALYSIS
Section 318.14(5), F.S., provides noncriminal penalties for a person who commits a traffic infraction that
causes serious bodily injury or death to another person. If the person causes serious bodily injury, he or she
must pay a $500 fine in addition to any other penalties and have his or her driver license suspended for three
months. If the person causes death, he or she must pay a $1,000 fine in addition to any other penalties and
have his or her driver license suspended for six months.
Section 316.027(1), F.S., defines a “vulnerable road user” as a:
Pedestrian, including a person actually engaged in work upon a highway, or in work upon utility facilities
along a highway, or engaged in the provision of emergency services within the right-of-way;
Person operating a bicycle, an electric bicycle, a motorcycle, a scooter, or a moped lawfully on the
roadway;
Person riding an animal; or
Person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway any: farm
tractor or similar vehicle designed primarily for farm use; skateboard, roller skates, or in-line skates;
horse-drawn carriage; electric personal assistive mobility device; or wheelchair.
CS/CS/HB 1133 amends s. 318.14, F.S., to create specific penalties for a person who commits a traffic
infraction that causes serious bodily injury or death to a vulnerable road user, including:
A noncriminal traffic infraction for a person who commits a moving violation that causes serious bodily
injury to a vulnerable road user. The bill requires the person to pay a fine of not less than $1,500, have
his or her driver license suspended for 90 days, and complete a department approved driver
improvement course relating to the rights of vulnerable road users.
A noncriminal traffic infraction for a person who commits a moving violation that causes the death of a
vulnerable road user. The bill requires the person to pay a fine of not less than $5,000, have his or her
driver license suspended for one year, and complete a department approved driver improvement
course relating to the rights of vulnerable road users.
The bill may have an indeterminate positive fiscal impact on state revenues and an indeterminate fiscal impact
on the private sector.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Noncriminal Traffic Infractions Involving Death or Personal Injury
Generally, a person who fails to obey traffic laws by engaging in conduct such as speeding, running a
red light or stop sign, or texting while driving, commits a moving violation punishable by a fine under
chapter 318, F.S.1 Moving violations are generally noncriminal traffic infractions that add specified
points to a person’s driving record.2
Under s. 318.19, F.S., a person must appear before a designated official for a mandatory hearing if he
or she commits a traffic infraction resulting in a crash that causes serious bodily injury3 or death to
another person. At the hearing, if the designated official determines that the person committed an
infraction that caused serious bodily injury to another person, the designated official must impose a civil
penalty of $500, in addition to any other penalties, and the person’s driver license must be suspended
for three months. If a designated official determines that the person committed an infraction that caused
the death of another person, the designated official must impose a civil penalty of $1,000, in addition to
any other penalties, and the person’s driver license must be suspended for six months.4
Crashes Involving Death or Personal Injury
Although moving violations are generally noncriminal infractions, a person who violates specified
requirements under s. 316.027, F.S., may commit a criminal offense.
Section 316.027, F.S., requires a driver involved in a crash occurring on public or private property to
immediately stop his or her vehicle at the scene of a crash, or as close thereto as possible, and remain
at the scene of the crash until he or she has fulfilled the requirements to stop, give his or her
information, and render aid as required by s. 316.062, F.S. If a person fails to comply with such
requirements he or she commits a:
Third degree felony, if the crash resulted in injury, other than serious bodily injury.5
Second degree felony, if the crash resulted in serious bodily injury.6
First degree felony, if the crash resulted in the death of a person.7 A person who willfully
violates the above requirements must be sentenced to a mandatory minimum term of
imprisonment of four years. Additionally, a person who willfully commits such a violation while
driving under the influence as set forth in s. 316.193(1), F.S., must be sentenced to a
mandatory minimum term of imprisonment of four years.8,9
1 FLHSMV (revised July 1, 2023), https://www.flhsmv.gov/pdf/courts/utc/appendix_c.pdf (last visited Feb. 21, 2024).
2
FLHSMV, Points & Point Suspensions, https://www.flhsmv.gov/driver-licenses-id-cards/driver-license-suspensions-
revocations/points -point-suspensions/ (last visited Feb. 21, 2024).
3 Under s. 316.027(1), F.S., the term “serious bodily injury” means an injury to any person, including the driver, which consists of a
physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the
function of any bodily member or organ.
4
S. 318.14(5), F.S.
5 S. 316.027(2)(a), F.S. A third degree felony is punishable by up to 5 years in prison and a $5,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
6 S. 316.027(2)(b), F.S. A second degree felony is punishable by up to 15 years in prison and a $10,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
7 S. 316.027(2)(c), F.S. A first degree felony is punishable by up to 30 years in prison and a $10,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
8 A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of s. 316.027 , F.S., s.
316.061, F.S. (crashes involving damage to vehicle or property), s. 316.191, F.S. (racing on highways, street takeovers, and stunt
driving), s. 316.193, F.S. (driving under the influence), or a felony violation of s. 322.34, F.S. (driving while license sus pended, revoked,
canceled, or disqualified) must be held in custody until brought b efore the court for admittance to bail in accordance with chapter 903.
9 Under s. 316.027(2)(e), F.S., a driver who violates paragraphs (a), (b), or (c) shall have his or her driver license revoked for at least 3
years as provided in s. 322.28(4), F.S.
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Vulnerable Road Users
Section 316.027(1), F.S., defines a “vulnerable road user” as a:
Pedestrian, including a person actually engaged in work upon a highway, or in work upon utility
facilities along a highway, or engaged in the provision of emergency services within the right-of-
way;
Person operating a bicycle, an electric bicycle, a motorcycle, a scooter, or a moped lawfully on
the roadway;
Person riding an animal; or
Person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway any of
the following: a farm tractor or similar vehicle designed primarily for farm use; a skateboard,
roller skates, or in-line skates; a horse-drawn carriage; an electric personal assistive mobility
device; or a wheelchair.
Section 316.027, F.S., applies special penalties when a person commits a moving violation that results
in injury, serious bodily injury, or death to a vulnerable road user and fails to stop, give his or her
information, and render aid as required by s. 316.062, F.S. Such penalties apply as follows:
Under s. 316.027(2)(f), F.S., for purposes of sentencing under ch. 921, F.S., and determining
incentive gain-time eligibility under ch. 944, F.S., an offense listed in s. 316.027(2), F.S., where
the victim is a vulnerable road user, is ranked one level above the ranking specified in s.
921.0022 or s. 921.0023, F.S., for the offense committed.
Before a person whose driving privilege was suspended under s. 316.027(2)(a)-(c), F.S., may
be reinstated, he or she must present to the Department of Highway Safety and Motor Vehicles
(DHSMV) proof of completion of a victim’s impact panel session in a judicial circuit if such a
panel exists, or if such a panel does not exist, a DHSMV-approved driver improvement course
relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in
s. 322.0261(2), F.S.10,11
When a person violates s. 316.172(1)(a) or (b), F.S. (school bus passing infractions), and
causes serious bodily injury to or the death of another person, he or she must, among other
requirements, participate in a victim’s impact panel session in a judicial circuit if such a panel
exists, or if such a panel does not exist, attend a DHSMV-approved driver improvement course
relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in
s. 322.0261(2), F.S.12 This requirement applies regardless of whether the victim is a vulnerable
road user.
Under current law, a person who commits a moving violation that causes serious bodily injury or death
to another person, including to a vulnerable road user, but who otherwise complies with the
requirements of stopping, giving his or her information, and rendering aid under s. 316.062, F.S., is not
required to take a DHSMV-approved driver improvement course relating to the rights of vulnerable road
users relative to vehicles on the roadway.
Effect of Proposed Changes
CS/CS/HB 1133 amends s. 318.14, F.S., to create specific penalties for a person who commits a traffic
infraction that causes serious bodily injury or death to a vulnerable road user, including:
10 S. 316.027(2)(e)1., F.S. The department may reinstate an offender’s driving privilege after he or she satisfies the 3 -year revocation
period as provided in s. 322.28(4) and successfully completes either a victim’s impact panel session or a department -approved driver
improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322. 0261(2). S.
316.027(2)(e)2., F.S.
11 Under s. 322.0261(2), F.S., with respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise
to a specified crash, the department shall require that the operator, in addition to other applicable penalties, attend a department -
approved driver improvement course in order to maintain his or her drivin g privileges. The department shall include in the course
curriculum instruction specifically addressing the rights of vulnerable road users as defined in s. 316.027 , F.S., relative to vehicles on
the roadway. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver
license shall be canceled by the department until the course is successfully completed.
12 S. 316.027(4)(b)2., F.S.
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A noncriminal traffic infraction for a person who commits a moving violation that causes serious
bodily injury to a vulnerable road user. The bill requires the person to pay a fine of not less than
$1,500, have his or her driver license suspended for 90 days, and complete a department
approved driver improvement course relating to the rights of vulnerable road users.
A noncriminal traffic infraction for a person who commits a moving violation that causes the
death of a vulnerable road user. The bill requires the person to pay a fine of not less than
$5,000, have his or her driver license suspended for one year, and complete a department
approved driver improvement course relating to the rights of vulnerable road users.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 318.14, F.S., relating to noncriminal traffic infractions; exception; procedures.
Section 2: Republishes s. 318.19, F.S., relating to infractions requiring a mandatory hearing.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may have an indeterminate positive impact on state revenues by increasing the fine for a
person who commits a moving violation that results in serious bodily injury or death to a vulnerable
road user.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. The bill may increase costs to a person who commits a moving violation that results in
serious bodily injury to or the death of a vulnerable road user.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
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2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Criminal Justice Subcommittee adopted a strike-all amendment and reported the
bill favorably as a committee substitute. The amendment:
Removed criminal penalties for a moving violation that caused serious bodily injury or death to a
vulnerable road user.
Changed the penalty for a person who committed a moving violation that caused serious bodily
injury to a vulnerable road user to include a 90 day driver license revocation.
Changed a cross-reference for the definition of “serious bodily injury.”
On February 21, 2024, the Judiciary Committee adopted a strike-all amendment and reported the bill
favorably as a committee substitute. The amendment moved the bill’s provisions from a newly created
section of law to the current section of law outlining penalties for noncriminal traffic infractions involving
serious bodily injury or death.
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
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Statutes affected: H 1133 c2: 318.14
H 1133 er: 318.14