Senate Bill sb0732e1

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    CS for SB 732                                  First Engrossed

  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 a grace period when warnings and

17         educational literature may be issued by a law

18         enforcement officer; providing an effective

19         date.


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


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

24  Reduction Act."

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

26  decrease the incidence of drivers interfering with the

27  movement of traffic, to reduce road rage and aggressive

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

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

30         Section 3.  Effective January 1, 2006, section 316.081,

31  Florida Statutes, is amended to read:


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    CS for SB 732                                  First Engrossed

 1         316.081  Driving on right side of roadway;

 2  exceptions.--

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

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

 5  follows:

 6         (a)  When overtaking and passing another vehicle

 7  proceeding in the same direction under the rules governing

 8  such movement;

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

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

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

12  traveling in the proper direction upon the unobstructed

13  portion of the highway within such distance as to constitute

14  an immediate hazard;

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

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

17  limited access roadway having two or more lanes for each

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

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

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

21  practicable and safe opportunity; or

22         (d)  Upon a roadway designated and signposted for

23  one-way traffic.

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

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

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

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

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

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

30  roadway except when overtaking and passing another vehicle



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

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

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

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

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

 6  the roadway, except when authorized by official traffic

 7  control devices designating certain lanes to the left side of

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

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

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

11  construed as prohibiting the crossing of the centerline in

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

13  driveway.

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

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

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

17  left-hand lane except when overtaking and passing another

18  vehicle.

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

20         1.  When no other vehicle is directly behind the

21  vehicle in the left-hand lane;

22         2.  When traffic conditions and congestion make it

23  impractical to drive in the right-hand lane;

24         3.  When inclement weather conditions make it necessary

25  to drive in the left-hand lane;

26         4.  When obstructions or hazards exist in the

27  right-hand lane;

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

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

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

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


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

 2  or

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

 4  emergency vehicles engaged in official duties and vehicles

 5  engaged in highway maintenance and construction operations.

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

 7  traffic infraction, punishable as a moving violation as

 8  provided in chapter 318.

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

10  322.27, Florida Statutes, is amended to read:

11         322.27  Authority of department to suspend or revoke

12  license.--

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

14  of convictions of violations of motor vehicle laws or

15  ordinances, and violations of applicable provisions of s.

16  403.413(6)(b) when such violations involve the use of motor

17  vehicles, for the determination of the continuing

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

19  department is authorized to suspend the license of any person

20  upon showing of its records or other good and sufficient

21  evidence that the licensee has been convicted of violation of

22  motor vehicle laws or ordinances, or applicable provisions of

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

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

25  not more than 1 year.

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

27  graduated scale of points assigning relative values to

28  convictions of the following violations:

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

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

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


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

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

 3         5.  Unlawful speed:

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

 5  posted speed--3 points.

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

 7  speed--4 points.

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

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

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

11  316.0741 or s. 316.2065(12).

12         7.  Any moving violation covered above, excluding

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

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

15  403.413(5)(b)--3 points.

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

17         Section 5.  The Department of Highway Safety and Motor

18  Vehicles shall provide an educational awareness campaign

19  informing the motoring public about the Road Rage Reduction

20  Act. The department shall provide information about the Road

21  Rage Reduction Act in all newly printed driver license

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

23  service announcements produced in cooperation with the Florida

24  Highway Patrol.

25         Section 6.  Effective July 1, 2005, a driver of a motor

26  vehicle who does not violate the then-existing provisions of

27  section 316.081, Florida Statutes, but whose conduct would

28  violate those provisions as amended effective January 1, 2006,

29  may be issued a verbal warning and given educational

30  literature regarding the changes in this act by a law

31  enforcement officer.


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    CS for SB 732                                  First Engrossed

 1         Section 7.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2005.































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