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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 635224

                            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 635224





  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 635224





  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 635224





  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.  Subsection (2) of section 318.18, Florida

24  Statutes, is amended to read:

25         318.18  Amount of civil penalties.--The penalties

26  required for a noncriminal disposition pursuant to s. 318.14

27  are as follows:

28         (2)  Thirty dollars for all nonmoving traffic

29  violations and:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 635224





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

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

  3  pursuant to s. 320.07(4).

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

  5  320.0605 or s. 320.07 can show proof of having a valid

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

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

  8  who finds it impossible or impractical to obtain a valid

  9  registration certificate must submit an affidavit detailing

10  the reasons for the impossibility or impracticality. The

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

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

13  which the vehicle is registered does not issue a certificate

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

15  person.

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

17  322.03, s. 322.065, or s. 322.15 can show a driver's license

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

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

20  dismissal fee.

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

22  316.646 can show proof of security as required by s. 627.733,

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

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

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

26  to obtain proof of security must submit an affidavit detailing

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

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

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

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

31  personal injury protection insurance; or that the vehicle is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 635224





  1  owned by another person.

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

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

  4  person committing the violation corrects the defect and

  5  obtains proof of such timely repair by an affidavit of

  6  compliance executed by the law enforcement agency within 30

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

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

  9  the affidavit of compliance, then upon presentation of said

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

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

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

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

14  otherwise specified.

15         Section 5.  Subsection (13) is added to section 318.21,

16  Florida Statutes, to read:

17         318.21  Disposition of civil penalties by county

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

19  pursuant to the provisions of this chapter shall be

20  distributed and paid monthly as follows:

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

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

23  Compensation Trust Fund administered by the Office of the

24  Attorney General. The Office of the Attorney General shall

25  annually allocate in an equal distribution funds collected

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

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

28  316.126(1)(b).

29         Section 6.  This act shall take effect July 1, 2002.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 366

    Amendment No. ___   Barcode 635224





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

  2  And the title is amended as follows:

  3         Delete everything before the enacting clause

  4

  5  and insert:

  6                      A bill to be entitled

  7         An act relating to state uniform traffic

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

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

10         respect to authorized emergency vehicles making

11         use of visual signals when parked;  providing

12         for the disposition of fines; amending s.

13         316.2397, F.S.; authorizing the use of

14         emergency lights and sirens on certain

15         vehicles; authorizing wreckers to use amber

16         rotating or flashing lights under certain

17         circumstances; revising penalties for showing

18         or displaying certain lights; amending s.

19         318.18, F.S.; providing a penalty for a

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

21         s. 318.21.F.S.; providing a civil penalty for

22         violation of s. 316.126(1)(b), F.S.; providing

23         for the distribution of such fines; providing

24         an effective date.

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