Senate Bill sb2700

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2700

    By Senator Atwater





    25-1651-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to motor vehicles; providing

  3         legislative intent; amending s. 316.081, F.S.;

  4         requiring operators of motor vehicles to drive

  5         in the right-hand lane on certain highways;

  6         providing exceptions; providing penalties for

  7         violation; amending s. 322.27, F.S.; providing

  8         for the assessment of points for violating

  9         specified provisions that require operators of

10         motor vehicles to drive on the right side of

11         the road; providing an effective date.

12  

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

14  

15         Section 1.  It is the intent of the Legislature to

16  decrease the incidence of drivers interfering with the

17  movement of traffic, to reduce road rage and aggressive

18  driving, to minimize crashes, and to promote the orderly, free

19  flow of traffic on the roads and highways of the state.

20         Section 2.  Section 316.081, Florida Statutes, is

21  amended to read:

22         316.081  Driving on right side of roadway;

23  exceptions.--

24         (1)  Upon all roadways of sufficient width, a vehicle

25  shall be driven upon the right half of the roadway, except as

26  follows:

27         (a)  When overtaking and passing another vehicle

28  proceeding in the same direction under the rules governing

29  such movement;

30         (b)  When an obstruction exists making it necessary to

31  drive to the left of the center of the highway; provided any

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    Florida Senate - 2004                                  SB 2700
    25-1651-04                                              See HB




 1  person so doing shall yield the right-of-way to all vehicles

 2  traveling in the proper direction upon the unobstructed

 3  portion of the highway within such distance as to constitute

 4  an immediate hazard;

 5         (c)  Upon a roadway divided into three marked lanes for

 6  traffic under the rules applicable thereon; or

 7         (d)  Upon a roadway designated and signposted for

 8  one-way traffic.

 9         (2)  Upon a two-lane roadway providing for two-way

10  movement of traffic, a vehicle Upon all roadways, any vehicle

11  proceeding at less than the normal speed of traffic at the

12  time and place and under the conditions then existing shall be

13  driven in the right-hand lane then available for traffic or as

14  close as practicable to the right-hand curb or edge of the

15  roadway, except when overtaking and passing another vehicle

16  proceeding in the same direction or when preparing for a left

17  turn at an intersection or into a private road or driveway.

18         (3)  Upon any roadway having four or more lanes for

19  moving traffic and providing for two-way movement of traffic,

20  no vehicle shall be driven to the left of the centerline of

21  the roadway, except when authorized by official traffic

22  control devices designating certain lanes to the left side of

23  the center of the roadway for use by traffic not otherwise

24  permitted to use such lanes, or except as permitted under

25  paragraph (1)(b). However, this subsection shall not be

26  construed as prohibiting the crossing of the centerline in

27  making a left turn into or from an alley, private road, or

28  driveway.

29         (a)  Upon a four-lane highway, an interstate highway,

30  or a highway with fully controlled access, or the Florida

31  Intrastate Highway System, a vehicle may not be driven in the

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






    Florida Senate - 2004                                  SB 2700
    25-1651-04                                              See HB




 1  left-hand lane except when overtaking and passing another

 2  vehicle.

 3         (b)  Paragraph (a) shall not apply:

 4         1.  When no other vehicle is directly behind the

 5  vehicle in the left-hand lane;

 6         2.  When traffic conditions and congestion make it

 7  impractical to drive in the right-hand lane;

 8         3.  When inclement weather conditions make it necessary

 9  to drive in the left-hand lane;

10         4.  When obstructions or hazards exist in the

11  right-hand lane;

12         5.  When, because of highway design, a vehicle must be

13  driven in the left-hand lane when preparing to exit;

14         6.  On toll highways when necessary to use Sun-Pass and

15  on toll and other highways when driving in the left-hand lane

16  is required to comply with an official traffic control device;

17  or

18         7.  To law enforcement vehicles, ambulances, and other

19  emergency vehicles engaged in official duties and vehicles

20  engaged in highway maintenance and construction operations.

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

22  traffic infraction, punishable as a moving violation as

23  provided in chapter 318.

24         Section 3.  Paragraph (d) of subsection (3) of section

25  322.27, Florida Statutes, is amended to read:

26         322.27  Authority of department to suspend or revoke

27  license.--

28         (3)  There is established a point system for evaluation

29  of convictions of violations of motor vehicle laws or

30  ordinances, and violations of applicable provisions of s.

31  403.413(6)(b) when such violations involve the use of motor

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






    Florida Senate - 2004                                  SB 2700
    25-1651-04                                              See HB




 1  vehicles, for the determination of the continuing

 2  qualification of any person to operate a motor vehicle. The

 3  department is authorized to suspend the license of any person

 4  upon showing of its records or other good and sufficient

 5  evidence that the licensee has been convicted of violation of

 6  motor vehicle laws or ordinances, or applicable provisions of

 7  s. 403.413(6)(b), amounting to 12 or more points as determined

 8  by the point system. The suspension shall be for a period of

 9  not more than 1 year.

10         (d)  The point system shall have as its basic element a

11  graduated scale of points assigning relative values to

12  convictions of the following violations:

13         1.  Reckless driving, willful and wanton--4 points.

14         2.  Leaving the scene of a crash resulting in property

15  damage of more than $50--6 points.

16         3.  Unlawful speed resulting in a crash--6 points.

17         4.  Passing a stopped school bus--4 points.

18         5.  Unlawful speed:

19         a.  Not in excess of 15 miles per hour of lawful or

20  posted speed--3 points.

21         b.  In excess of 15 miles per hour of lawful or posted

22  speed--4 points.

23         6.  All other moving violations (including parking on a

24  highway outside the limits of a municipality)--3 points.

25  However, no points shall be imposed for a violation of s.

26  316.0741 or s. 316.2065(12).

27         7.  Any moving violation covered above, excluding

28  unlawful speed, resulting in a crash--4 points.

29         8.  Any conviction under s. 403.413(5)(b)--3 points.

30         9.  Any conviction under s. 316.081--4 points.

31         Section 4.  This act shall take effect October 1, 2004.

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