Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 732
                        Barcode 134694
                            CHAMBER ACTION
              Senate                               House
 1                  1/AD/2R        .                    
       04/06/2005 11:18 AM         .                    
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11  Senator Bennett moved the following amendment:
13         Senate Amendment (with title amendment) 
14         On page 1, line 27, through
15            page 5, line 23, delete those lines
17  and insert:  
18         Section 3.  Effective January 1, 2006, section 316.081,
19  Florida Statutes, is amended to read:
20         316.081  Driving on right side of roadway;
21  exceptions.--
22         (1)  Upon all roadways of sufficient width, a vehicle
23  shall be driven upon the right half of the roadway, except as
24  follows:
25         (a)  When overtaking and passing another vehicle
26  proceeding in the same direction under the rules governing
27  such movement;
28         (b)  When an obstruction exists making it necessary to
29  drive to the left of the center of the highway; provided any
30  person so doing shall yield the right-of-way to all vehicles
31  traveling in the proper direction upon the unobstructed
    10:13 AM   04/05/05                            s0732c1c-21-c8y

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 732 Barcode 134694 1 portion of the highway within such distance as to constitute 2 an immediate hazard; 3 (c) Upon a roadway divided into three marked lanes for 4 traffic under the rules applicable thereon. However, upon any 5 limited access roadway having two or more lanes for each 6 direction of travel, any vehicle driven in the left-most lane 7 shall yield right-of-way to any vehicle traveling at a higher 8 speed by moving to the nearest lane to the right at the first 9 practicable and safe opportunity; or 10 (d) Upon a roadway designated and signposted for 11 one-way traffic. 12 (2) Upon a two-lane roadway providing for two-way 13 movement of traffic, a vehicle all roadways, any vehicle 14 proceeding at less than the normal speed of traffic at the 15 time and place and under the conditions then existing shall be 16 driven in the right-hand lane then available for traffic or as 17 close as practicable to the right-hand curb or edge of the 18 roadway except when overtaking and passing another vehicle 19 proceeding in the same direction or when preparing for a left 20 turn at an intersection or into a private road or driveway. 21 (3) Upon any roadway having four or more lanes for 22 moving traffic and providing for two-way movement of traffic, 23 no vehicle shall be driven to the left of the centerline of 24 the roadway, except when authorized by official traffic 25 control devices designating certain lanes to the left side of 26 the center of the roadway for use by traffic not otherwise 27 permitted to use such lanes, or except as permitted under 28 paragraph (1)(b). However, this subsection shall not be 29 construed as prohibiting the crossing of the centerline in 30 making a left turn into or from an alley, private road, or 31 driveway. 2 10:13 AM 04/05/05 s0732c1c-21-c8y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 732 Barcode 134694 1 (a) Upon a four-lane highway, an interstate highway, 2 or a highway with fully controlled access, or the Florida 3 Intrastate Highway System, a vehicle may not be driven in the 4 left-hand lane except when overtaking and passing another 5 vehicle. 6 (b) Paragraph (a) shall not apply: 7 1. When no other vehicle is directly behind the 8 vehicle in the left-hand lane; 9 2. When traffic conditions and congestion make it 10 impractical to drive in the right-hand lane; 11 3. When inclement weather conditions make it necessary 12 to drive in the left-hand lane; 13 4. When obstructions or hazards exist in the 14 right-hand lane; 15 5. When, because of highway design, a vehicle must be 16 driven in the left-hand lane when preparing to exit; 17 6. On toll highways when necessary to use Sun-Pass and 18 on toll and other highways when driving in the left-hand lane 19 is required to comply with an official traffic control device; 20 or 21 7. To law enforcement vehicles, ambulances, and other 22 emergency vehicles engaged in official duties and vehicles 23 engaged in highway maintenance and construction operations. 24 (4) A violation of this section is a noncriminal 25 traffic infraction, punishable as a moving violation as 26 provided in chapter 318. 27 Section 4. Paragraph (d) of subsection (3) of section 28 322.27, Florida Statutes, is amended to read: 29 322.27 Authority of department to suspend or revoke 30 license.-- 31 (3) There is established a point system for evaluation 3 10:13 AM 04/05/05 s0732c1c-21-c8y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 732 Barcode 134694 1 of convictions of violations of motor vehicle laws or 2 ordinances, and violations of applicable provisions of s. 3 403.413(6)(b) when such violations involve the use of motor 4 vehicles, for the determination of the continuing 5 qualification of any person to operate a motor vehicle. The 6 department is authorized to suspend the license of any person 7 upon showing of its records or other good and sufficient 8 evidence that the licensee has been convicted of violation of 9 motor vehicle laws or ordinances, or applicable provisions of 10 s. 403.413(6)(b), amounting to 12 or more points as determined 11 by the point system. The suspension shall be for a period of 12 not more than 1 year. 13 (d) The point system shall have as its basic element a 14 graduated scale of points assigning relative values to 15 convictions of the following violations: 16 1. Reckless driving, willful and wanton--4 points. 17 2. Leaving the scene of a crash resulting in property 18 damage of more than $50--6 points. 19 3. Unlawful speed resulting in a crash--6 points. 20 4. Passing a stopped school bus--4 points. 21 5. Unlawful speed: 22 a. Not in excess of 15 miles per hour of lawful or 23 posted speed--3 points. 24 b. In excess of 15 miles per hour of lawful or posted 25 speed--4 points. 26 6. All other moving violations (including parking on a 27 highway outside the limits of a municipality)--3 points. 28 However, no points shall be imposed for a violation of s. 29 316.0741 or s. 316.2065(12). 30 7. Any moving violation covered above, excluding 31 unlawful speed, resulting in a crash--4 points. 4 10:13 AM 04/05/05 s0732c1c-21-c8y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 732 Barcode 134694 1 8. Any conviction under s. 403.413(6)(b) s. 2 403.413(5)(b)--3 points. 3 9. Any conviction under s. 316.081--4 points. 4 Section 5. The Department of Highway Safety and Motor 5 Vehicles shall provide an educational awareness campaign 6 informing the motoring public about the Road Rage Reduction 7 Act. The department shall provide information about the Road 8 Rage Reduction Act in all newly printed driver license 9 educational materials after October 1, 2005, and in public 10 service announcements produced in cooperation with the Florida 11 Highway Patrol. 12 Section 6. Effective July 1, 2005, a driver of a motor 13 vehicle who does not violate the then-existing provisions of 14 section 316.081, Florida Statutes, but whose conduct would 15 violate those provisions as amended effective January 1, 2006, 16 may be issued a verbal warning and given educational 17 literature regarding the changes in this act by a law 18 enforcement officer. 19 Section 7. Except as otherwise expressly provided in 20 this act, this act shall take effect July 1, 2005. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 15, after the semicolon, 26 27 insert: 28 providing a grace period when warnings and 29 educational literature may be issued by a law 30 enforcement officer; 31 5 10:13 AM 04/05/05 s0732c1c-21-c8y