House Bill hb0221c2

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    Florida House of Representatives - 2002           CS/CS/HB 221

        By the Council for Ready Infrastructure and Committee on
    Health Regulation and Representatives Flanagan, Fiorentino and
    Harrington




  1                      A bill to be entitled

  2         An act relating to state uniform traffic

  3         control; creating the "Move Over Act"; amending

  4         s. 316.126, F.S.; providing requirements with

  5         respect to authorized emergency vehicles making

  6         use of visual signals when parked; amending s.

  7         316.2397, F.S.; authorizing the use of

  8         emergency lights and sirens on certain

  9         vehicles; authorizing wreckers to use amber

10         rotating or flashing lights under certain

11         circumstances; revising penalties for showing

12         or displaying certain lights; amending s.

13         316.2398, F.S.; revising penalties for showing

14         or displaying certain lights; amending s.

15         318.18, F.S.; providing a penalty for a

16         violation of s. 316.126(1)(b), F.S.; amending

17         s. 318.21., F.S.; providing for the disposition

18         of such fines; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Short title.--This act may be cited as the

23  "Move Over Act."

24         Section 2.  Subsection (1) of section 316.126, Florida

25  Statutes, is amended to read:

26         316.126  Operation of vehicles and actions of

27  pedestrians on approach of authorized emergency vehicle.--

28         (1)(a)  Upon the immediate approach of an authorized

29  emergency vehicle, while en route to meet an existing

30  emergency, the driver of every other vehicle shall, when such

31  emergency vehicle is giving audible signals by siren, exhaust

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    Florida House of Representatives - 2002           CS/CS/HB 221

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  1  whistle, or other adequate device, or visible signals by the

  2  use of displayed blue or red lights, yield the right-of-way to

  3  the emergency vehicle and shall immediately proceed to a

  4  position parallel to, and as close as reasonable to the

  5  closest edge of the curb of the roadway, clear of any

  6  intersection and shall stop and remain in position until the

  7  authorized emergency vehicle has passed, unless otherwise

  8  directed by any law enforcement officer.

  9         (b)  When an authorized emergency vehicle making use of

10  any visual signals is parked, the driver of every other

11  vehicle, as soon as it is safe:

12         1.  Shall vacate the lane closest to the emergency

13  vehicle when driving on an interstate highway or other highway

14  with two or more lanes traveling in the direction of the

15  emergency vehicle, except when otherwise directed by a law

16  enforcement officer.

17         2.  Shall slow to a speed that is 20 miles per hour

18  less than the posted speed limit when the posted speed limit

19  is 25 miles per hour or greater; or travel at 5 miles per hour

20  when the posted speed limit is 20 miles per hour or less, when

21  driving on a two-lane road, except when otherwise directed by

22  a law enforcement officer.

23         (c)  The Department of Highway Safety and Motor

24  Vehicles shall provide an educational awareness campaign

25  informing the motoring public about the Move Over Act. The

26  department shall provide information about the Move Over Act

27  in all newly printed driver's license educational materials

28  after July 1, 2002.

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  1  This section shall not relieve the driver of an authorized

  2  emergency vehicle from the duty to drive with due regard for

  3  the safety of all persons using the highway.

  4         (6)  A violation of this section is a noncriminal

  5  traffic infraction, punishable pursuant to chapter 318 as

  6  either a moving violation for infractions of subsection (1) or

  7  subsection (3), or as a pedestrian violation for infractions

  8  of subsection (2).

  9         Section 3.  Subsections (2), (3), and (10) of section

10  316.2397, Florida Statutes, are amended to read:

11         316.2397  Certain lights prohibited; exceptions.--

12         (2)  It is expressly prohibited for any vehicle or

13  equipment, except police vehicles, to show or display blue

14  lights. However, vehicles owned, operated, or leased by the

15  Department of Corrections may show or display blue lights when

16  responding to emergencies. A person who violates this

17  subsection is guilty of a misdemeanor of the first degree,

18  punishable as provided in s. 843.081. exceptions.--

19         (3)  Vehicles of the fire department and fire patrol,

20  including vehicles of volunteer firefighters as permitted

21  under s. 316.2398, vehicles of medical staff physicians or

22  technicians of medical facilities licensed by the state as

23  authorized under s. 316.2398, ambulances as authorized under

24  this chapter, and buses and taxicabs as authorized under s.

25  316.2399 are permitted to show or display red lights. Vehicles

26  of the fire department, fire patrol, police vehicles, and such

27  ambulances and emergency vehicles of municipal and county

28  departments, public service corporations operated by private

29  corporations, the Department of Environmental Protection, the

30  Department of Transportation, and the Department of

31  Agriculture and Consumer Services as are designated or

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    Florida House of Representatives - 2002           CS/CS/HB 221

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  1  authorized by their respective departments or the chief of

  2  police of an incorporated city or any sheriff of any county

  3  are hereby authorized to operate emergency lights and sirens

  4  in an emergency. Wreckers, mosquito control fog and spray

  5  vehicles, and emergency vehicles of governmental departments

  6  or public service corporations may show or display amber

  7  lights when in actual operation or when a hazard exists

  8  provided they are not used going to and from the scene of

  9  operation or hazard without specific authorization of a law

10  enforcement officer or law enforcement agency. Wreckers may

11  use amber rotating or flashing lights while performing

12  recoveries and loading on the roadside day or night, and while

13  towing a vehicle on wheel lifts, slings, or under reach only

14  if the operator of the wrecker deems such lights necessary. A

15  flatbed, car carrier, or rollback may not use amber rotating

16  or flashing lights when hauling a vehicle on the bed unless it

17  creates a hazard to other motorists because of protruding

18  objects. Further, escort vehicles will be permitted to show or

19  display amber lights when in the actual process of escorting

20  overdimensioned equipment, material, or buildings as

21  authorized by law. Vehicles of private watch, guard, or patrol

22  agencies licensed pursuant to chapter 493 may show or display

23  amber lights while patrolling condominium, cooperative, and

24  private residential and business communities by which employed

25  and which traverse public streets or highways.

26         (10)  Except as provided in subsection (2), a violation

27  of this section is a noncriminal traffic infraction,

28  punishable as a nonmoving violation as provided in chapter

29  318.

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    Florida House of Representatives - 2002           CS/CS/HB 221

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  1         Section 4.  Paragraph (a) of subsection (1) and

  2  subsection (5) of section 316.2398, Florida Statutes, are

  3  amended to read:

  4         316.2398  Display or use of red lights; motor vehicles

  5  of volunteer firefighters or medical staff.--

  6         (1)  A privately owned vehicle belonging to an active

  7  firefighter member of a regularly organized volunteer

  8  firefighting company or association, while en route to the

  9  fire station for the purpose of proceeding to the scene of a

10  fire or other emergency or while en route to the scene of a

11  fire or other emergency in the line of duty as an active

12  firefighter member of a regularly organized firefighting

13  company or association, or a privately owned vehicle belonging

14  to a medical staff physician or technician of a medical

15  facility licensed by the state, while responding to an

16  emergency in the line of duty, may display or use a red light

17  visible from the front and from the rear of such vehicle,

18  subject to the following restrictions and conditions:

19         (a)  A light may not have a light source greater than

20  100,000 50 candlepower.

21         (5)(a)  A violation of this section by a person

22  authorized under subsection (1) to display a red light is a

23  nonmoving violation, punishable as provided in chapter 318.

24  In addition, any volunteer firefighter shall be dismissed from

25  membership in the firefighting organization by the chief

26  executive officers thereof and may not serve as a firefighter

27  in this state for a period of 1 year after the date of such

28  violation.

29         (b)  A person, other than a person authorized under

30  subsection (1), who displays a red light in violation of this

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  1  section is guilty of a misdemeanor of the second degree,

  2  punishable as provided in s. 775.082 or s. 775.083.

  3         Section 5.  Subsection (2) of section 318.18, Florida

  4  Statutes, is amended to read:

  5         318.18  Amount of civil penalties.--The penalties

  6  required for a noncriminal disposition pursuant to s. 318.14

  7  are as follows:

  8         (2)  Thirty dollars for all nonmoving traffic

  9  violations and:

10         (a)  For all violations of s. 322.19.

11         (b)  For all violations of ss. 320.0605, 320.07(1),

12  322.065, and 322.15(1).  Any person who is cited for a

13  violation of s. 320.07(1) shall be charged a delinquent fee

14  pursuant to s. 320.07(4).

15         1.  If a person who is cited for a violation of s.

16  320.0605 or s. 320.07 can show proof of having a valid

17  registration at the time of arrest, the clerk of the court may

18  dismiss the case and may assess a $5 dismissal fee. A person

19  who finds it impossible or impractical to obtain a valid

20  registration certificate must submit an affidavit detailing

21  the reasons for the impossibility or impracticality. The

22  reasons may include, but are not limited to, the fact that the

23  vehicle was sold, stolen, or destroyed; that the state in

24  which the vehicle is registered does not issue a certificate

25  of registration; or that the vehicle is owned by another

26  person.

27         2.  If a person who is cited for a violation of s.

28  322.03, s. 322.065, or s. 322.15 can show a driver's license

29  issued to him or her and valid at the time of arrest, the

30  clerk of the court may dismiss the case and may assess a $5

31  dismissal fee.

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  1         3.  If a person who is cited for a violation of s.

  2  316.646 can show proof of security as required by s. 627.733,

  3  issued to the person and valid at the time of arrest, the

  4  clerk of the court may dismiss the case and may assess a $5

  5  dismissal fee. A person who finds it impossible or impractical

  6  to obtain proof of security must submit an affidavit detailing

  7  the reasons for the impracticality. The reasons may include,

  8  but are not limited to, the fact that the vehicle has since

  9  been sold, stolen, or destroyed; that the owner or registrant

10  of the vehicle is not required by s. 627.733 to maintain

11  personal injury protection insurance; or that the vehicle is

12  owned by another person.

13         (c)  For all violations of ss. 316.2935 and 316.610.

14  However, for a violation of s. 316.2935 or s. 316.610, if the

15  person committing the violation corrects the defect and

16  obtains proof of such timely repair by an affidavit of

17  compliance executed by the law enforcement agency within 30

18  days from the date upon which the traffic citation was issued,

19  and pays $4 to the law enforcement agency, thereby completing

20  the affidavit of compliance, then upon presentation of said

21  affidavit by the defendant to the clerk within the 30-day time

22  period set forth under s. 318.14(4), the fine must be reduced

23  to $5, which the clerk of the court shall retain.

24         (d)  For all violations of s. 316.126(1)(b), unless

25  otherwise specified.

26         Section 6.  Subsection (13) is added to section 318.21,

27  Florida Statutes, to read:

28         318.21  Disposition of civil penalties by county

29  courts.--All civil penalties received by a county court

30  pursuant to the provisions of this chapter shall be

31  distributed and paid monthly as follows:

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    Florida House of Representatives - 2002           CS/CS/HB 221

    401-113A-02






  1         (13)  As of July 1, 2002, the proceeds from the fine as

  2  defined in s. 316.126(1)(b) shall be paid to the Crimes

  3  Compensation Trust Fund administered by the Office of the

  4  Attorney General. The Office of the Attorney General shall

  5  annually allocate in an equal distribution funds collected

  6  pursuant to s. 316.126(1)(b) to the surviving minor children

  7  of any victim killed as a result of a violation of s.

  8  316.126(1)(b).

  9         Section 7.  This act shall take effect July 1, 2002.

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