| 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 and is upon the half of the roadway upon which the |
| 57 | vehicle is traveling or when the pedestrian is approaching so |
| 58 | closely from the opposite half of the roadway as to be in |
| 59 | danger. |
| 60 | b. Unless otherwise directed by a pedestrian control |
| 61 | signal as provided in s. 316.0755, pedestrians facing a steady |
| 62 | red signal shall not enter the roadway. |
| 63 | (4) A violation of this section is a noncriminal traffic |
| 64 | infraction, punishable pursuant to chapter 318 as either a |
| 65 | pedestrian violation or, if the infraction resulted from the |
| 66 | operation of a vehicle, as a moving violation. |
| 67 | Section 2. Section 316.130, Florida Statutes, is amended |
| 68 | to read: |
| 69 | 316.130 Pedestrians; Pedestrian obedience to traffic |
| 70 | control devices and traffic regulations.-- |
| 71 | (1) A pedestrian shall obey the instructions of any |
| 72 | official traffic control device specifically applicable to the |
| 73 | pedestrian unless otherwise directed by a police officer. |
| 74 | (2) Pedestrians shall be subject to traffic control |
| 75 | signals at intersections as provided in s. 316.075, but at all |
| 76 | other places pedestrians shall be accorded the privileges and be |
| 77 | subject to the restrictions stated in this chapter. |
| 78 | (3) Where sidewalks are provided, no pedestrian shall, |
| 79 | unless required by other circumstances, walk along and upon the |
| 80 | portion of a roadway paved for vehicular traffic. |
| 81 | (4) Where sidewalks are not provided, any pedestrian |
| 82 | walking along and upon a highway shall, when practicable, walk |
| 83 | only on the shoulder on the left side of the roadway in relation |
| 84 | to the pedestrian's direction of travel, facing traffic which |
| 85 | may approach from the opposite direction. |
| 86 | (5) No person shall stand in the portion of a roadway |
| 87 | paved for vehicular traffic for the purpose of soliciting a |
| 88 | ride, employment, or business from the occupant of any vehicle. |
| 89 | (6) No person shall stand on or in proximity to a street |
| 90 | or highway for the purpose of soliciting the watching or |
| 91 | guarding of any vehicle while parked or about to be parked on a |
| 92 | street or highway. |
| 93 | (7)(a) The driver of a vehicle at an intersection with a |
| 94 | traffic control signal in place shall stop before entering the |
| 95 | crosswalk and remain stopped to allow a pedestrian, with a |
| 96 | permitted signal, to cross a roadway when the pedestrian is |
| 97 | either in the crosswalk or steps into the crosswalk and is upon |
| 98 | the half of the roadway upon which the vehicle is traveling or |
| 99 | when the pedestrian is approaching so closely from the opposite |
| 100 | half of the roadway as to be in danger. |
| 101 | (b) The driver of a vehicle at any crosswalk where signage |
| 102 | so indicates shall stop and remain stopped to allow a pedestrian |
| 103 | to cross a roadway when the pedestrian is either in the |
| 104 | crosswalk or steps into the crosswalk and is upon the half of |
| 105 | the roadway upon which the vehicle is traveling or when the |
| 106 | pedestrian is approaching so closely from the opposite half of |
| 107 | the roadway as to be in danger. |
| 108 | (c) When traffic control signals are not in place or in |
| 109 | operation and there is no signage indicating otherwise, the |
| 110 | driver of a vehicle shall yield the right-of-way, slowing down |
| 111 | or stopping if need be to so yield, to a pedestrian crossing the |
| 112 | roadway within a crosswalk when the pedestrian is upon the half |
| 113 | of the roadway upon which the vehicle is traveling or when the |
| 114 | pedestrian is approaching so closely from the opposite half of |
| 115 | the roadway as to be in danger. Any pedestrian crossing a |
| 116 | roadway at a point where a pedestrian tunnel or overhead |
| 117 | pedestrian crossing has been provided shall yield the right-of- |
| 118 | way to all vehicles upon the roadway. |
| 119 | (8) No pedestrian shall suddenly leave a curb or other |
| 120 | place of safety and walk or run into the path of a vehicle which |
| 121 | is so close that it is impossible for the driver to yield. |
| 122 | (9) Whenever any vehicle is stopped at a marked crosswalk |
| 123 | or at any unmarked crosswalk at an intersection to permit a |
| 124 | pedestrian to cross the roadway, the driver of any other vehicle |
| 125 | approaching from the rear shall not overtake and pass such |
| 126 | stopped vehicle. |
| 127 | (10) Every pedestrian crossing a roadway at any point |
| 128 | other than within a marked crosswalk or within an unmarked |
| 129 | crosswalk at an intersection shall yield the right-of-way to all |
| 130 | vehicles upon the roadway. |
| 131 | (11) Between adjacent intersections at which traffic |
| 132 | control signals are in operation, pedestrians shall not cross at |
| 133 | any place except in a marked crosswalk. |
| 134 | (12) No pedestrian shall, except in a marked crosswalk, |
| 135 | cross a roadway at any other place than by a route at right |
| 136 | angles to the curb or by the shortest route to the opposite |
| 137 | curb. |
| 138 | (13) Pedestrians shall move, whenever practicable, upon |
| 139 | the right half of crosswalks. |
| 140 | (14) No pedestrian shall cross a roadway intersection |
| 141 | diagonally unless authorized by official traffic control |
| 142 | devices, and, when authorized to cross diagonally, pedestrians |
| 143 | shall cross only in accordance with the official traffic control |
| 144 | devices pertaining to such crossing movements. |
| 145 | (15) Notwithstanding other provisions of this chapter, |
| 146 | every driver of a vehicle shall exercise due care to avoid |
| 147 | colliding with any pedestrian or any person propelling a human- |
| 148 | powered vehicle and give warning when necessary and exercise |
| 149 | proper precaution upon observing any child or any obviously |
| 150 | confused or incapacitated person. |
| 151 | (16) No pedestrian shall enter or remain upon any bridge |
| 152 | or approach thereto beyond the bridge signal, gate, or barrier |
| 153 | after a bridge operation signal indication has been given. No |
| 154 | pedestrian shall pass through, around, over, or under any |
| 155 | crossing gate or barrier at a railroad grade crossing or bridge |
| 156 | while such gate or barrier is closed or is being opened or |
| 157 | closed. |
| 158 | (17) No pedestrian may jump or dive from a publicly owned |
| 159 | bridge. Nothing in this provision requires the state or any |
| 160 | political subdivision of the state to post signs notifying the |
| 161 | public of this provision. The failure to post a sign may not be |
| 162 | construed by any court to create liability on the part of the |
| 163 | state or any of its political subdivisions for injuries |
| 164 | sustained as a result of jumping or diving from a bridge in |
| 165 | violation of this subsection. |
| 166 | (18) No pedestrian shall walk upon a limited access |
| 167 | facility or a ramp connecting a limited access facility to any |
| 168 | other street or highway; however, this subsection does not apply |
| 169 | to maintenance personnel of any governmental subdivision. |
| 170 | (19) A violation of this section is a noncriminal traffic |
| 171 | infraction, punishable pursuant to chapter 318 as either a |
| 172 | pedestrian violation or, if the infraction resulted from the |
| 173 | operation of a vehicle, as a moving violation. |
| 174 | Section 3. This act shall take effect July 1, 2007. |