Senate Bill sb0366er

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


    ENROLLED

    2002 Legislature                  CS for SB 366, 1st Engrossed



  1

  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; providing

  7         for the disposition of fines; amending s.

  8         316.2397, F.S.; authorizing the use of

  9         emergency lights and sirens on certain

10         vehicles; authorizing wreckers to use amber

11         rotating or flashing lights under certain

12         circumstances; amending s. 318.18, F.S.;

13         providing a penalty for a violation of s.

14         316.126(1)(b), F.S.; amending s. 318.21, F.S.;

15         providing a civil penalty for violation of s.

16         316.126(1)(b), F.S.; providing an effective

17         date.

18

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

20

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

22  "Move Over Act."

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

24  Florida Statutes, are amended to read:

25         316.126  Operation of vehicles and actions of

26  pedestrians on approach of authorized emergency vehicle.--

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

28  emergency vehicle, while en route to meet an existing

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

30  emergency vehicle is giving audible signals by siren, exhaust

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


                                  1

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




    ENROLLED

    2002 Legislature                  CS for SB 366, 1st Engrossed



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

  2  the emergency vehicle and shall immediately proceed to a

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

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

  5  intersection and shall stop and remain in position until the

  6  authorized emergency vehicle has passed, unless otherwise

  7  directed by any law enforcement officer.

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

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

10  vehicle, as soon as it is safe:

11         1.  Shall vacate the lane closest to the emergency

12  vehicle when driving on an interstate highway or other highway

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

14  emergency vehicle, except when otherwise directed by a law

15  enforcement officer.

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

17  less than the posted speed limit when the posted speed limit

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

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

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

21  a law enforcement officer.

22         (c)  The Department of Highway Safety and Motor

23  Vehicles shall provide an educational awareness campaign

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

25  department shall provide information about the Move Over Act

26  in all newly printed driver's license educational materials

27  after July 1, 2002.

28

29  This section shall not relieve the driver of an authorized

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

31  the safety of all persons using the highway.


                                  2

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




    ENROLLED

    2002 Legislature                  CS for SB 366, 1st Engrossed



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

  2  traffic infraction, punishable pursuant to chapter 318 as

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

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

  5  of subsection (2).

  6         Section 3.  Subsection (3) of section 316.2397, Florida

  7  Statutes, is amended to read:

  8         316.2397  Certain lights prohibited; exceptions.--

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

10  including vehicles of volunteer firefighters as permitted

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

12  technicians of medical facilities licensed by the state as

13  authorized under s. 316.2398, ambulances as authorized under

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

15  316.2399 are permitted to show or display red lights. Vehicles

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

17  ambulances and emergency vehicles of municipal and county

18  departments, public service corporations operated by private

19  corporations, the Department of Environmental Protection, the

20  Department of Transportation, and the Department of

21  Agriculture and Consumer Services as are designated or

22  authorized by their respective department or the chief of

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

24  are hereby authorized to operate emergency lights and sirens

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

26  vehicles, and emergency vehicles of governmental departments

27  or public service corporations may show or display amber

28  lights when in actual operation or when a hazard exists

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

30  operation or hazard without specific authorization of a law

31  enforcement officer or law enforcement agency. Wreckers may


                                  3

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




    ENROLLED

    2002 Legislature                  CS for SB 366, 1st Engrossed



  1  use amber rotating or flashing lights while performing

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

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

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

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

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

  7  creates a hazard to other motorists because of protruding

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

  9  display amber lights when in the actual process of escorting

10  overdimensioned equipment, material, or buildings as

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

12  agencies licensed pursuant to chapter 493 may show or display

13  amber lights while patrolling condominium, cooperative, and

14  private residential and business communities by which employed

15  and which traverse public streets or highways.

16         Section 4.  Subsection (2) of section 318.18, Florida

17  Statutes, is amended to read:

18         318.18  Amount of civil penalties.--The penalties

19  required for a noncriminal disposition pursuant to s. 318.14

20  are as follows:

21         (2)  Thirty dollars for all nonmoving traffic

22  violations and:

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

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

25  322.065, and 322.15(1).  Any person who is cited for a

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

27  pursuant to s. 320.07(4).

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

29  320.0605 or s. 320.07 can show proof of having a valid

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

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


                                  4

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




    ENROLLED

    2002 Legislature                  CS for SB 366, 1st Engrossed



  1  who finds it impossible or impractical to obtain a valid

  2  registration certificate must submit an affidavit detailing

  3  the reasons for the impossibility or impracticality. The

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

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

  6  which the vehicle is registered does not issue a certificate

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

  8  person.

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

10  322.03, s. 322.065, or s. 322.15 can show a driver's license

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

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

13  dismissal fee.

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

15  316.646 can show proof of security as required by s. 627.733,

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

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

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

19  to obtain proof of security must submit an affidavit detailing

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

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

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

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

24  personal injury protection insurance; or that the vehicle is

25  owned by another person.

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

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

28  person committing the violation corrects the defect and

29  obtains proof of such timely repair by an affidavit of

30  compliance executed by the law enforcement agency within 30

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


                                  5

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




    ENROLLED

    2002 Legislature                  CS for SB 366, 1st Engrossed



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

  2  the affidavit of compliance, then upon presentation of said

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

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

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

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

  7  otherwise specified.

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

  9  Florida Statutes, to read:

10         318.21  Disposition of civil penalties by county

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

12  pursuant to the provisions of this chapter shall be

13  distributed and paid monthly as follows:

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

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

16  Compensation Trust Fund administered by the Office of the

17  Attorney General.

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

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  6

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