CS/HB 331

1
A bill to be entitled
2An act relating to pedestrian safety; amending ss. 316.075
3and 316.130, F.S.; requiring a driver to stop at certain
4intersections to allow a pedestrian to cross a roadway
5when the pedestrian is either in the crosswalk or steps
6into the crosswalk; providing penalties; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (c) of subsection (1) of section
12316.075, Florida Statutes, is amended to read:
13     316.075  Traffic control signal devices.--
14     (1)  Except for automatic warning signal lights installed
15or to be installed at railroad crossings, whenever traffic,
16including municipal traffic, is controlled by traffic control
17signals exhibiting different colored lights, or colored lighted
18arrows, successively one at a time or in combination, only the
19colors green, red, and yellow shall be used, except for special
20pedestrian signals carrying a word legend, and the lights shall
21indicate and apply to drivers of vehicles and pedestrians as
22follows:
23     (c)  Steady red indication.--
24     1.  Vehicular traffic facing a steady red signal shall stop
25before entering the crosswalk on the near side of the
26intersection or, if none, then before entering the intersection
27and shall remain standing until a green indication is shown;
28however:
29     a.  The driver of a vehicle which is stopped at a clearly
30marked stop line, but if none, before entering the crosswalk on
31the near side of the intersection, or, if none then at the point
32nearest the intersecting roadway where the driver has a view of
33approaching traffic on the intersecting roadway before entering
34the intersection in obedience to a steady red signal may make a
35right turn, but shall yield the right-of-way to pedestrians and
36other traffic proceeding as directed by the signal at the
37intersection, except that municipal and county authorities may
38prohibit any such right turn against a steady red signal at any
39intersection, which prohibition shall be effective when a sign
40giving notice thereof is erected in a location visible to
41traffic approaching the intersection.
42     b.  The driver of a vehicle on a one-way street that
43intersects another one-way street on which traffic moves to the
44left shall stop in obedience to a steady red signal, but may
45then make a left turn into the one-way street, but shall yield
46the right-of-way to pedestrians and other traffic proceeding as
47directed by the signal at the intersection, except that
48municipal and county authorities may prohibit any such left turn
49as described, which prohibition shall be effective when a sign
50giving notice thereof is attached to the traffic control signal
51device at the intersection.
52     2.a.  The driver of a vehicle facing a steady red signal
53shall stop before entering the crosswalk and remain stopped to
54allow a pedestrian, with a permitted signal, to cross a roadway
55when the pedestrian is either in the crosswalk or steps into the
56crosswalk and is upon the half of the roadway upon which the
57vehicle is traveling or when the pedestrian is approaching so
58closely from the opposite half of the roadway as to be in
59danger.
60     b.  Unless otherwise directed by a pedestrian control
61signal as provided in s. 316.0755, pedestrians facing a steady
62red signal shall not enter the roadway.
63     (4)  A violation of this section is a noncriminal traffic
64infraction, punishable pursuant to chapter 318 as either a
65pedestrian violation or, if the infraction resulted from the
66operation of a vehicle, as a moving violation.
67     Section 2.  Section 316.130, Florida Statutes, is amended
68to read:
69     316.130  Pedestrians; Pedestrian obedience to traffic
70control devices and traffic regulations.--
71     (1)  A pedestrian shall obey the instructions of any
72official traffic control device specifically applicable to the
73pedestrian unless otherwise directed by a police officer.
74     (2)  Pedestrians shall be subject to traffic control
75signals at intersections as provided in s. 316.075, but at all
76other places pedestrians shall be accorded the privileges and be
77subject to the restrictions stated in this chapter.
78     (3)  Where sidewalks are provided, no pedestrian shall,
79unless required by other circumstances, walk along and upon the
80portion of a roadway paved for vehicular traffic.
81     (4)  Where sidewalks are not provided, any pedestrian
82walking along and upon a highway shall, when practicable, walk
83only on the shoulder on the left side of the roadway in relation
84to the pedestrian's direction of travel, facing traffic which
85may approach from the opposite direction.
86     (5)  No person shall stand in the portion of a roadway
87paved for vehicular traffic for the purpose of soliciting a
88ride, employment, or business from the occupant of any vehicle.
89     (6)  No person shall stand on or in proximity to a street
90or highway for the purpose of soliciting the watching or
91guarding of any vehicle while parked or about to be parked on a
92street or highway.
93     (7)(a)  The driver of a vehicle at an intersection with a
94traffic control signal in place shall stop before entering the
95crosswalk and remain stopped to allow a pedestrian, with a
96permitted signal, to cross a roadway when the pedestrian is
97either in the crosswalk or steps into the crosswalk and is upon
98the half of the roadway upon which the vehicle is traveling or
99when the pedestrian is approaching so closely from the opposite
100half of the roadway as to be in danger.
101     (b)  The driver of a vehicle at any crosswalk where signage
102so indicates shall stop and remain stopped to allow a pedestrian
103to cross a roadway when the pedestrian is either in the
104crosswalk or steps into the crosswalk and is upon the half of
105the roadway upon which the vehicle is traveling or when the
106pedestrian is approaching so closely from the opposite half of
107the roadway as to be in danger.
108     (c)  When traffic control signals are not in place or in
109operation and there is no signage indicating otherwise, the
110driver of a vehicle shall yield the right-of-way, slowing down
111or stopping if need be to so yield, to a pedestrian crossing the
112roadway within a crosswalk when the pedestrian is upon the half
113of the roadway upon which the vehicle is traveling or when the
114pedestrian is approaching so closely from the opposite half of
115the roadway as to be in danger. Any pedestrian crossing a
116roadway at a point where a pedestrian tunnel or overhead
117pedestrian crossing has been provided shall yield the right-of-
118way to all vehicles upon the roadway.
119     (8)  No pedestrian shall suddenly leave a curb or other
120place of safety and walk or run into the path of a vehicle which
121is so close that it is impossible for the driver to yield.
122     (9)  Whenever any vehicle is stopped at a marked crosswalk
123or at any unmarked crosswalk at an intersection to permit a
124pedestrian to cross the roadway, the driver of any other vehicle
125approaching from the rear shall not overtake and pass such
126stopped vehicle.
127     (10)  Every pedestrian crossing a roadway at any point
128other than within a marked crosswalk or within an unmarked
129crosswalk at an intersection shall yield the right-of-way to all
130vehicles upon the roadway.
131     (11)  Between adjacent intersections at which traffic
132control signals are in operation, pedestrians shall not cross at
133any place except in a marked crosswalk.
134     (12)  No pedestrian shall, except in a marked crosswalk,
135cross a roadway at any other place than by a route at right
136angles to the curb or by the shortest route to the opposite
137curb.
138     (13)  Pedestrians shall move, whenever practicable, upon
139the right half of crosswalks.
140     (14)  No pedestrian shall cross a roadway intersection
141diagonally unless authorized by official traffic control
142devices, and, when authorized to cross diagonally, pedestrians
143shall cross only in accordance with the official traffic control
144devices pertaining to such crossing movements.
145     (15)  Notwithstanding other provisions of this chapter,
146every driver of a vehicle shall exercise due care to avoid
147colliding with any pedestrian or any person propelling a human-
148powered vehicle and give warning when necessary and exercise
149proper precaution upon observing any child or any obviously
150confused or incapacitated person.
151     (16)  No pedestrian shall enter or remain upon any bridge
152or approach thereto beyond the bridge signal, gate, or barrier
153after a bridge operation signal indication has been given. No
154pedestrian shall pass through, around, over, or under any
155crossing gate or barrier at a railroad grade crossing or bridge
156while such gate or barrier is closed or is being opened or
157closed.
158     (17)  No pedestrian may jump or dive from a publicly owned
159bridge. Nothing in this provision requires the state or any
160political subdivision of the state to post signs notifying the
161public of this provision.  The failure to post a sign may not be
162construed by any court to create liability on the part of the
163state or any of its political subdivisions for injuries
164sustained as a result of jumping or diving from a bridge in
165violation of this subsection.
166     (18)  No pedestrian shall walk upon a limited access
167facility or a ramp connecting a limited access facility to any
168other street or highway; however, this subsection does not apply
169to maintenance personnel of any governmental subdivision.
170     (19)  A violation of this section is a noncriminal traffic
171infraction, punishable pursuant to chapter 318 as either a
172pedestrian violation or, if the infraction resulted from the
173operation of a vehicle, as a moving violation.
174     Section 3.  This act shall take effect July 1, 2007.


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