CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292

                            CHAMBER ACTION
              Senate                               House
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11  Senator Crist moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

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

18  "Move Over Act."

19         Section 2.  Subsections (1) and (6) of section 316.126,

20  Florida Statutes, are amended to read:

21         316.126  Operation of vehicles and actions of

22  pedestrians on approach of authorized emergency vehicle.--

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

24  emergency vehicle, while en route to meet an existing

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

26  emergency vehicle is giving audible signals by siren, exhaust

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

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

29  the emergency vehicle and shall immediately proceed to a

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





  1  intersection and shall stop and remain in position until the

  2  authorized emergency vehicle has passed, unless otherwise

  3  directed by any law enforcement officer.

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

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

  6  vehicle, as soon as it is safe:

  7         1.  Shall vacate the lane closest to the emergency

  8  vehicle when driving on an interstate highway or other highway

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

10  emergency vehicle, except when otherwise directed by a law

11  enforcement officer.

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

13  less than the posted speed limit when the posted speed limit

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

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

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

17  a law enforcement officer.

18         (c)  The Department of Highway Safety and Motor

19  Vehicles shall provide an educational awareness campaign

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

21  department shall provide information about the Move Over Act

22  in all newly printed driver's license educational materials

23  after July 1, 2002.

24

25  This section shall not relieve the driver of an authorized

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

27  the safety of all persons using the highway.

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

29  traffic infraction, punishable pursuant to chapter 318 as

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





  1  of subsection (2).

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

  3  316.2397, Florida Statutes, are amended to read:

  4         316.2397  Certain lights prohibited; exceptions.--

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

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

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

  8  Department of Corrections may show or display blue lights when

  9  responding to emergencies. A person who violates this

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

11  punishable as provided in s. 843.081.

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

13  including vehicles of volunteer firefighters as permitted

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

15  technicians of medical facilities licensed by the state as

16  authorized under s. 316.2398, ambulances as authorized under

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

18  316.2399 are permitted to show or display red lights. Vehicles

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

20  ambulances and emergency vehicles of municipal and county

21  departments, public service corporations operated by private

22  corporations, the Department of Environmental Protection, the

23  Department of Transportation, and the Department of

24  Agriculture and Consumer Services as are designated or

25  authorized by their respective department or the chief of

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

27  are hereby authorized to operate emergency lights and sirens

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

29  vehicles, and emergency vehicles of governmental departments

30  or public service corporations may show or display amber

31  lights when in actual operation or when a hazard exists

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





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

  2  operation or hazard without specific authorization of a law

  3  enforcement officer or law enforcement agency. Wreckers may

  4  use amber rotating or flashing lights while performing

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

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

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

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

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

10  creates a hazard to other motorists because of protruding

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

12  display amber lights when in the actual process of escorting

13  overdimensioned equipment, material, or buildings as

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

15  agencies licensed pursuant to chapter 493 may show or display

16  amber lights while patrolling condominium, cooperative, and

17  private residential and business communities by which employed

18  and which traverse public streets or highways.

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

20  of this section is a noncriminal traffic infraction,

21  punishable as a nonmoving violation as provided in chapter

22  318.

23         Section 4.  Section 316.2398, Florida Statutes, is

24  amended to read:

25         316.2398  Display or use of red lights; motor vehicles

26  of volunteer firefighters or medical staff.--

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

28  firefighter member of a regularly organized volunteer

29  firefighting company or association, while en route to the

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





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

  2  firefighter member of a regularly organized firefighting

  3  company or association, or a privately owned vehicle belonging

  4  to a medical staff physician or technician of a medical

  5  facility licensed by the state, while responding to an

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

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

  8  subject to the following restrictions and conditions:

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

10  100,000 50 candlepower.

11         (b)  Only one red light of the revolving type may be

12  displayed, and such light must be permanently or magnetically

13  mounted to the dashboard or roof of the vehicle.

14         (c)  The red light must consist of a lamp with a red

15  lens, but may not consist of an uncolored lens with a red

16  bulb.

17         (d)  The red light may not be a part of the regular

18  headlamps, taillights, or turn signal lights displayed on such

19  vehicle.

20         (e)  No inscription of any kind may appear across the

21  face of the lens of the red light.

22         (f)  The lens of the red light may not be less than 3

23  inches or more than 8 inches in diameter.

24         (g)  In order for an active volunteer firefighter to

25  display such a red light on his or her vehicle, the volunteer

26  firefighter must first secure a written permit from the chief

27  executive officers of the firefighting organization to use the

28  red light, and this permit must be carried by the volunteer

29  firefighter at all times while the red light is displayed.

30         (2)  It is unlawful for any person who is not an active

31  firefighter member of a regularly organized volunteer

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





  1  firefighting company or association or a physician or

  2  technician of the medical staff of a medical facility licensed

  3  by the state to display on any motor vehicle owned by him or

  4  her, at any time, a red light as described in subsection (1).

  5         (3)  It is unlawful for an active volunteer firefighter

  6  to operate a red light as authorized in subsection (1), except

  7  while en route to the fire station for the purpose of

  8  proceeding to the scene of a fire or other emergency, or while

  9  en route to the scene of a fire or other emergency, in the

10  line of duty.

11         (4)  It is unlawful for a physician or technician of

12  the medical staff of a medical facility to operate a red light

13  as authorized in subsection (1), except when responding to an

14  emergency in the line of duty.

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

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

17  nonmoving violation, punishable as provided in chapter 318.

18  In addition, any volunteer firefighter shall be dismissed from

19  membership in the firefighting organization by the chief

20  executive officers thereof and may not serve as a firefighter

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

22  violation.

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

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

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

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

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

28  Statutes, is amended to read:

29         318.18  Amount of civil penalties.--The penalties

30  required for a noncriminal disposition pursuant to s. 318.14

31  are as follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





  1         (2)  Thirty dollars for all nonmoving traffic

  2  violations and:

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

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

  5  322.065, and 322.15(1).  Any person who is cited for a

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

  7  pursuant to s. 320.07(4).

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

  9  320.0605 or s. 320.07 can show proof of having a valid

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

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

12  who finds it impossible or impractical to obtain a valid

13  registration certificate must submit an affidavit detailing

14  the reasons for the impossibility or impracticality. The

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

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

17  which the vehicle is registered does not issue a certificate

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

19  person.

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

21  322.03, s. 322.065, or s. 322.15 can show a driver's license

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

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

24  dismissal fee.

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

26  316.646 can show proof of security as required by s. 627.733,

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

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

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

30  to obtain proof of security must submit an affidavit detailing

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





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

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

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

  4  personal injury protection insurance; or that the vehicle is

  5  owned by another person.

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

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

  8  person committing the violation corrects the defect and

  9  obtains proof of such timely repair by an affidavit of

10  compliance executed by the law enforcement agency within 30

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

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

13  the affidavit of compliance, then upon presentation of said

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

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

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

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

18  otherwise specified.

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

20  Florida Statutes, to read:

21         318.21  Disposition of civil penalties by county

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

23  pursuant to the provisions of this chapter shall be

24  distributed and paid monthly as follows:

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

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

27  Compensation Trust Fund administered by the Office of the

28  Attorney General. The Office of the Attorney General shall

29  annually allocate in an equal distribution funds collected

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 094292





  1  316.126(1)(b).

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

  3

  4

  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7         Delete everything before the enacting clause

  8

  9  and insert:

10                      A bill to be entitled

11         An act relating to state uniform traffic

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

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

14         respect to authorized emergency vehicles making

15         use of visual signals when parked;  providing

16         for the disposition of fines; amending s.

17         316.2397, F.S.; authorizing the use of

18         emergency lights and sirens on certain

19         vehicles; authorizing wreckers to use amber

20         rotating or flashing lights under certain

21         circumstances; revising penalties for showing

22         or displaying certain lights; amending 316.2398

23         F.S.; revising penalties for showing or

24         displaying certain lights; amending s. 318.18,

25         F.S.; providing a penalty for a violation of s.

26         316.126(1)(b), F.S.; amending s. 318.21.F.S.;

27         providing a civil penalty for violation of s.

28         316.126(1)(b), F.S.; providing for the

29         distribution of such fines; providing an

30         effective date.

31

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