| 1 | A bill to be entitled |
| 2 | An act relating to pedestrian safety; amending ss. 316.075 |
| 3 | and 316.130, F.S.; requiring a driver to stop at certain |
| 4 | intersections to allow a pedestrian to cross a roadway |
| 5 | when the pedestrian is either in the crosswalk or steps |
| 6 | into the crosswalk; providing penalties; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (c) of subsection (1) of section |
| 12 | 316.075, Florida Statutes, is amended to read: |
| 13 | 316.075 Traffic control signal devices.-- |
| 14 | (1) Except for automatic warning signal lights installed |
| 15 | or to be installed at railroad crossings, whenever traffic, |
| 16 | including municipal traffic, is controlled by traffic control |
| 17 | signals exhibiting different colored lights, or colored lighted |
| 18 | arrows, successively one at a time or in combination, only the |
| 19 | colors green, red, and yellow shall be used, except for special |
| 20 | pedestrian signals carrying a word legend, and the lights shall |
| 21 | indicate and apply to drivers of vehicles and pedestrians as |
| 22 | follows: |
| 23 | (c) Steady red indication.-- |
| 24 | 1. Vehicular traffic facing a steady red signal shall stop |
| 25 | before entering the crosswalk on the near side of the |
| 26 | intersection or, if none, then before entering the intersection |
| 27 | and shall remain standing until a green indication is shown; |
| 28 | however: |
| 29 | a. The driver of a vehicle which is stopped at a clearly |
| 30 | marked stop line, but if none, before entering the crosswalk on |
| 31 | the near side of the intersection, or, if none then at the point |
| 32 | nearest the intersecting roadway where the driver has a view of |
| 33 | approaching traffic on the intersecting roadway before entering |
| 34 | the intersection in obedience to a steady red signal may make a |
| 35 | right turn, but shall yield the right-of-way to pedestrians and |
| 36 | other traffic proceeding as directed by the signal at the |
| 37 | intersection, except that municipal and county authorities may |
| 38 | prohibit any such right turn against a steady red signal at any |
| 39 | intersection, which prohibition shall be effective when a sign |
| 40 | giving notice thereof is erected in a location visible to |
| 41 | traffic approaching the intersection. |
| 42 | b. The driver of a vehicle on a one-way street that |
| 43 | intersects another one-way street on which traffic moves to the |
| 44 | left shall stop in obedience to a steady red signal, but may |
| 45 | then make a left turn into the one-way street, but shall yield |
| 46 | the right-of-way to pedestrians and other traffic proceeding as |
| 47 | directed by the signal at the intersection, except that |
| 48 | municipal and county authorities may prohibit any such left turn |
| 49 | as described, which prohibition shall be effective when a sign |
| 50 | giving notice thereof is attached to the traffic control signal |
| 51 | device at the intersection. |
| 52 | 2.a. The driver of a vehicle facing a steady red signal |
| 53 | shall stop before entering the crosswalk and remain stopped to |
| 54 | allow a pedestrian, with a permitted signal, to cross a roadway |
| 55 | when the pedestrian is either in the crosswalk or steps into the |
| 56 | crosswalk. |
| 57 | b. Unless otherwise directed by a pedestrian control |
| 58 | signal as provided in s. 316.0755, pedestrians facing a steady |
| 59 | red signal shall not enter the roadway. |
| 60 | (4) A violation of this section is a noncriminal traffic |
| 61 | infraction, punishable pursuant to chapter 318 as either a |
| 62 | pedestrian violation or, if the infraction resulted from the |
| 63 | operation of a vehicle, as a moving violation. |
| 64 | Section 2. Subsection (7) of section 316.130, Florida |
| 65 | Statutes, is amended to read: |
| 66 | 316.130 Pedestrians; Pedestrian obedience to traffic |
| 67 | control devices and traffic regulations.-- |
| 68 | (7)(a) The driver of a vehicle at an intersection with a |
| 69 | traffic control signal in place shall stop before entering the |
| 70 | crosswalk and remain stopped to allow a pedestrian, with a |
| 71 | permitted signal, to cross a roadway when the pedestrian is |
| 72 | either in the crosswalk or steps into the crosswalk. |
| 73 | (b) The driver of a vehicle at any crosswalk where signage |
| 74 | so indicates shall stop and remain stopped to allow a pedestrian |
| 75 | to cross a roadway when the pedestrian is either in the |
| 76 | crosswalk or steps into the crosswalk. |
| 77 | (c) When traffic control signals are not in place or in |
| 78 | operation and there is no signage indicating otherwise, the |
| 79 | driver of a vehicle shall yield the right-of-way, slowing down |
| 80 | or stopping if need be to so yield, to a pedestrian crossing the |
| 81 | roadway within a crosswalk when the pedestrian is upon the half |
| 82 | of the roadway upon which the vehicle is traveling or when the |
| 83 | pedestrian is approaching so closely from the opposite half of |
| 84 | the roadway as to be in danger. Any pedestrian crossing a |
| 85 | roadway at a point where a pedestrian tunnel or overhead |
| 86 | pedestrian crossing has been provided shall yield the right-of- |
| 87 | way to all vehicles upon the roadway. |
| 88 | (19) A violation of this section is a noncriminal traffic |
| 89 | infraction, punishable pursuant to chapter 318 as either a |
| 90 | pedestrian violation or, if the infraction resulted from the |
| 91 | operation of a vehicle, as a moving violation. |
| 92 | Section 3. This act shall take effect July 1, 2007. |