Senate Bill sb0670

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    Florida Senate - 2007                                   SB 670

    By Senator Fasano





    11-808-07                                           See HB 331

  1                      A bill to be entitled

  2         An act relating to pedestrian safety; amending

  3         ss. 316.075 and 316.130, F.S.; requiring a

  4         driver to stop at certain intersections to

  5         allow a pedestrian to cross a roadway when the

  6         pedestrian is either in the crosswalk or steps

  7         into the crosswalk; providing penalties;

  8         providing an effective date.

  9  

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

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12         Section 1.  Paragraph (c) of subsection (1) of section

13  316.075, Florida Statutes, is amended to read:

14         316.075  Traffic control signal devices.--

15         (1)  Except for automatic warning signal lights

16  installed or to be installed at railroad crossings, whenever

17  traffic, including municipal traffic, is controlled by traffic

18  control signals exhibiting different colored lights, or

19  colored lighted arrows, successively one at a time or in

20  combination, only the colors green, red, and yellow shall be

21  used, except for special pedestrian signals carrying a word

22  legend, and the lights shall indicate and apply to drivers of

23  vehicles and pedestrians as follows:

24         (c)  Steady red indication.--

25         1.  Vehicular traffic facing a steady red signal shall

26  stop before entering the crosswalk on the near side of the

27  intersection or, if none, then before entering the

28  intersection and shall remain standing until a green

29  indication is shown; however:

30         a.  The driver of a vehicle which is stopped at a

31  clearly marked stop line, but if none, before entering the

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    Florida Senate - 2007                                   SB 670
    11-808-07                                           See HB 331




 1  crosswalk on the near side of the intersection, or, if none

 2  then at the point nearest the intersecting roadway where the

 3  driver has a view of approaching traffic on the intersecting

 4  roadway before entering the intersection in obedience to a

 5  steady red signal may make a right turn, but shall yield the

 6  right-of-way to pedestrians and other traffic proceeding as

 7  directed by the signal at the intersection, except that

 8  municipal and county authorities may prohibit any such right

 9  turn against a steady red signal at any intersection, which

10  prohibition shall be effective when a sign giving notice

11  thereof is erected in a location visible to traffic

12  approaching the intersection.

13         b.  The driver of a vehicle on a one-way street that

14  intersects another one-way street on which traffic moves to

15  the left shall stop in obedience to a steady red signal, but

16  may then make a left turn into the one-way street, but shall

17  yield the right-of-way to pedestrians and other traffic

18  proceeding as directed by the signal at the intersection,

19  except that municipal and county authorities may prohibit any

20  such left turn as described, which prohibition shall be

21  effective when a sign giving notice thereof is attached to the

22  traffic control signal device at the intersection.

23         2.a.  The driver of a vehicle facing a steady red

24  signal shall stop before entering the crosswalk and remain

25  stopped to allow a pedestrian, with a permitted signal, to

26  cross a roadway when the pedestrian is either in the crosswalk

27  or steps into the crosswalk.

28         b.  Unless otherwise directed by a pedestrian control

29  signal as provided in s. 316.0755, pedestrians facing a steady

30  red signal shall not enter the roadway.

31  

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    Florida Senate - 2007                                   SB 670
    11-808-07                                           See HB 331




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

 2  traffic infraction, punishable pursuant to chapter 318 as

 3  either a pedestrian violation or, if the infraction resulted

 4  from the operation of a vehicle, as a moving violation.

 5         Section 2.  Section 316.130, Florida Statutes, is

 6  amended to read:

 7         316.130  Pedestrians; Pedestrian obedience to traffic

 8  control devices and traffic regulations.--

 9         (1)  A pedestrian shall obey the instructions of any

10  official traffic control device specifically applicable to the

11  pedestrian unless otherwise directed by a police officer.

12         (2)  Pedestrians shall be subject to traffic control

13  signals at intersections as provided in s. 316.075, but at all

14  other places pedestrians shall be accorded the privileges and

15  be subject to the restrictions stated in this chapter.

16         (3)  Where sidewalks are provided, no pedestrian shall,

17  unless required by other circumstances, walk along and upon

18  the portion of a roadway paved for vehicular traffic.

19         (4)  Where sidewalks are not provided, any pedestrian

20  walking along and upon a highway shall, when practicable, walk

21  only on the shoulder on the left side of the roadway in

22  relation to the pedestrian's direction of travel, facing

23  traffic which may approach from the opposite direction.

24         (5)  No person shall stand in the portion of a roadway

25  paved for vehicular traffic for the purpose of soliciting a

26  ride, employment, or business from the occupant of any

27  vehicle.

28         (6)  No person shall stand on or in proximity to a

29  street or highway for the purpose of soliciting the watching

30  or guarding of any vehicle while parked or about to be parked

31  on a street or highway.

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    Florida Senate - 2007                                   SB 670
    11-808-07                                           See HB 331




 1         (7)(a)  The driver of a vehicle at an intersection with

 2  a traffic control signal in place shall stop before entering

 3  the crosswalk and remain stopped to allow a pedestrian, with a

 4  permitted signal, to cross a roadway when the pedestrian is

 5  either in the crosswalk or steps into the crosswalk.

 6         (b)  The driver of a vehicle at any crosswalk where

 7  signage so indicates shall stop and remain stopped to allow a

 8  pedestrian to cross a roadway when the pedestrian is either in

 9  the crosswalk or steps into the crosswalk.

10         (c)  When traffic control signals are not in place or

11  in operation and there is no signage indicating otherwise, the

12  driver of a vehicle shall yield the right-of-way, slowing down

13  or stopping if need be to so yield, to a pedestrian crossing

14  the roadway within a crosswalk when the pedestrian is upon the

15  half of the roadway upon which the vehicle is traveling or

16  when the pedestrian is approaching so closely from the

17  opposite half of the roadway as to be in danger. Any

18  pedestrian crossing a roadway at a point where a pedestrian

19  tunnel or overhead pedestrian crossing has been provided shall

20  yield the right-of-way to all vehicles upon the roadway.

21         (8)  No pedestrian shall suddenly leave a curb or other

22  place of safety and walk or run into the path of a vehicle

23  which is so close that it is impossible for the driver to

24  yield.

25         (9)  Whenever any vehicle is stopped at a marked

26  crosswalk or at any unmarked crosswalk at an intersection to

27  permit a pedestrian to cross the roadway, the driver of any

28  other vehicle approaching from the rear shall not overtake and

29  pass such stopped vehicle.

30         (10)  Every pedestrian crossing a roadway at any point

31  other than within a marked crosswalk or within an unmarked

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    Florida Senate - 2007                                   SB 670
    11-808-07                                           See HB 331




 1  crosswalk at an intersection shall yield the right-of-way to

 2  all vehicles upon the roadway.

 3         (11)  Between adjacent intersections at which traffic

 4  control signals are in operation, pedestrians shall not cross

 5  at any place except in a marked crosswalk.

 6         (12)  No pedestrian shall, except in a marked

 7  crosswalk, cross a roadway at any other place than by a route

 8  at right angles to the curb or by the shortest route to the

 9  opposite curb.

10         (13)  Pedestrians shall move, whenever practicable,

11  upon the right half of crosswalks.

12         (14)  No pedestrian shall cross a roadway intersection

13  diagonally unless authorized by official traffic control

14  devices, and, when authorized to cross diagonally, pedestrians

15  shall cross only in accordance with the official traffic

16  control devices pertaining to such crossing movements.

17         (15)  Notwithstanding other provisions of this chapter,

18  every driver of a vehicle shall exercise due care to avoid

19  colliding with any pedestrian or any person propelling a

20  human-powered vehicle and give warning when necessary and

21  exercise proper precaution upon observing any child or any

22  obviously confused or incapacitated person.

23         (16)  No pedestrian shall enter or remain upon any

24  bridge or approach thereto beyond the bridge signal, gate, or

25  barrier after a bridge operation signal indication has been

26  given. No pedestrian shall pass through, around, over, or

27  under any crossing gate or barrier at a railroad grade

28  crossing or bridge while such gate or barrier is closed or is

29  being opened or closed.

30         (17)  No pedestrian may jump or dive from a publicly

31  owned bridge. Nothing in this provision requires the state or

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    Florida Senate - 2007                                   SB 670
    11-808-07                                           See HB 331




 1  any political subdivision of the state to post signs notifying

 2  the public of this provision.  The failure to post a sign may

 3  not be construed by any court to create liability on the part

 4  of the state or any of its political subdivisions for injuries

 5  sustained as a result of jumping or diving from a bridge in

 6  violation of this subsection.

 7         (18)  No pedestrian shall walk upon a limited access

 8  facility or a ramp connecting a limited access facility to any

 9  other street or highway; however, this subsection does not

10  apply to maintenance personnel of any governmental

11  subdivision.

12         (19)  A violation of this section is a noncriminal

13  traffic infraction, punishable pursuant to chapter 318 as

14  either a pedestrian violation or, if the infraction resulted

15  from the operation of a vehicle, as a moving violation.

16         Section 3.  This act shall take effect July 1, 2007.

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