Senate Bill sb0732c1

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    Florida Senate - 2005                            CS for SB 732

    By the Committee on Criminal Justice; and Senators Bennett and


  1                      A bill to be entitled

  2         An act relating to motor vehicles; providing a

  3         popular name; creating the "Road Rage Reduction

  4         Act"; providing legislative intent; amending s.

  5         316.081, F.S.; requiring operators of motor

  6         vehicles to drive in the right-hand lane on

  7         certain highways; providing exceptions;

  8         providing penalties for violation; amending s.

  9         322.27, F.S.; correcting a cross-reference;

10         providing for the assessment of points for

11         violating specified provisions that require

12         operators of motor vehicles to drive on the

13         right side of the road; requiring the

14         Department of Highway Safety and Motor Vehicles

15         to provide an educational awareness campaign;

16         providing an effective date.


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


20         Section 1.  This act may be cited as the "Road Rage

21  Reduction Act."

22         Section 2.  It is the intent of the Legislature to

23  decrease the incidence of drivers interfering with the

24  movement of traffic, to reduce road rage and aggressive

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

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

27         Section 3.  Section 316.081, Florida Statutes, is

28  amended to read:

29         316.081  Driving on right side of roadway;

30  exceptions.--



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    Florida Senate - 2005                            CS for SB 732

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

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

 3  follows:

 4         (a)  When overtaking and passing another vehicle

 5  proceeding in the same direction under the rules governing

 6  such movement;

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

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

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

10  traveling in the proper direction upon the unobstructed

11  portion of the highway within such distance as to constitute

12  an immediate hazard;

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

14  traffic under the rules applicable thereon. However, upon any

15  limited access roadway having two or more lanes for each

16  direction of travel, any vehicle driven in the left-most lane

17  shall yield right-of-way to any vehicle traveling at a higher

18  speed by moving to the nearest lane to the right at the first

19  practicable and safe opportunity; or

20         (d)  Upon a roadway designated and signposted for

21  one-way traffic.

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

23  movement of traffic, a vehicle all roadways, any vehicle

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

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

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

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

28  roadway except when overtaking and passing another vehicle

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

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



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    Florida Senate - 2005                            CS for SB 732

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

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

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

 4  the roadway, except when authorized by official traffic

 5  control devices designating certain lanes to the left side of

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

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

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

 9  construed as prohibiting the crossing of the centerline in

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

11  driveway.

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

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

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

15  left-hand lane except when overtaking and passing another

16  vehicle.

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

18         1.  When no other vehicle is directly behind the

19  vehicle in the left-hand lane;

20         2.  When traffic conditions and congestion make it

21  impractical to drive in the right-hand lane;

22         3.  When inclement weather conditions make it necessary

23  to drive in the left-hand lane;

24         4.  When obstructions or hazards exist in the

25  right-hand lane;

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

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

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

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

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

31  or


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    Florida Senate - 2005                            CS for SB 732

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

 2  emergency vehicles engaged in official duties and vehicles

 3  engaged in highway maintenance and construction operations.

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

 5  traffic infraction, punishable as a moving violation as

 6  provided in chapter 318.

 7         Section 4.  Paragraph (d) of subsection (3) of section

 8  322.27, Florida Statutes, is amended to read:

 9         322.27  Authority of department to suspend or revoke

10  license.--

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

12  of convictions of violations of motor vehicle laws or

13  ordinances, and violations of applicable provisions of s.

14  403.413(6)(b) when such violations involve the use of motor

15  vehicles, for the determination of the continuing

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

17  department is authorized to suspend the license of any person

18  upon showing of its records or other good and sufficient

19  evidence that the licensee has been convicted of violation of

20  motor vehicle laws or ordinances, or applicable provisions of

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

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

23  not more than 1 year.

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

25  graduated scale of points assigning relative values to

26  convictions of the following violations:

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

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

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

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

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


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    Florida Senate - 2005                            CS for SB 732

 1         5.  Unlawful speed:

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

 3  posted speed--3 points.

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

 5  speed--4 points.

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

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

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

 9  316.0741 or s. 316.2065(12).

10         7.  Any moving violation covered above, excluding

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

12         8.  Any conviction under s. 403.413(6)(b) s.

13  403.413(5)(b)--3 points.

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

15         Section 5.  The Department of Highway Safety and Motor

16  Vehicles shall provide an educational awareness campaign

17  informing the motoring public about the Road Rage Reduction

18  Act. The department shall provide information about the Road

19  Rage Reduction Act in all newly printed driver license

20  educational materials after October 1, 2005, and in public

21  service announcements produced in cooperation with the Florida

22  Highway Patrol.

23         Section 6.  This act shall take effect October 1, 2005.










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    Florida Senate - 2005                            CS for SB 732

                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 732


 4  The CS engrosses the amendments adopted by the Senate
    Transportation Committee to:
    -    Correct an obsolete statutory cross-reference.
    -    Clarify that drivers of slower vehicles in the left-most
 7       lane of a limited-access highway must yield th right of
         way to faster moving vehicles, at the first practicable
 8       and safe opportunity, by moving into the nearest
         right-hand lane.
























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