Senate Bill sb0732c1
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Florida Senate - 2005 CS for SB 732
By the Committee on Criminal Justice; and Senators Bennett and
Bullard
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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.
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18 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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
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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
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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
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 732
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4 The CS engrosses the amendments adopted by the Senate
Transportation Committee to:
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- Correct an obsolete statutory cross-reference.
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- 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.
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