Senate Bill sb0670c1
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Florida Senate - 2007 CS for SB 670
By the Committee on Transportation; and Senator Fasano
596-2195-07
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.
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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 CS for SB 670
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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 and is upon the half of the
28 roadway upon which the vehicle is traveling or when the
29 pedestrian is approaching so closely from the opposite half of
30 the roadway as to be in danger.
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Florida Senate - 2007 CS for SB 670
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1 b. Unless otherwise directed by a pedestrian control
2 signal as provided in s. 316.0755, pedestrians facing a steady
3 red signal shall not enter the roadway.
4 (4) A violation of this section is a noncriminal
5 traffic infraction, punishable pursuant to chapter 318 as
6 either a pedestrian violation or, if the infraction resulted
7 from the operation of a vehicle, as a moving violation.
8 Section 2. Section 316.130, Florida Statutes, is
9 amended to read:
10 316.130 Pedestrians; Pedestrian obedience to traffic
11 control devices and traffic regulations.--
12 (1) A pedestrian shall obey the instructions of any
13 official traffic control device specifically applicable to the
14 pedestrian unless otherwise directed by a police officer.
15 (2) Pedestrians shall be subject to traffic control
16 signals at intersections as provided in s. 316.075, but at all
17 other places pedestrians shall be accorded the privileges and
18 be subject to the restrictions stated in this chapter.
19 (3) Where sidewalks are provided, no pedestrian shall,
20 unless required by other circumstances, walk along and upon
21 the portion of a roadway paved for vehicular traffic.
22 (4) Where sidewalks are not provided, any pedestrian
23 walking along and upon a highway shall, when practicable, walk
24 only on the shoulder on the left side of the roadway in
25 relation to the pedestrian's direction of travel, facing
26 traffic which may approach from the opposite direction.
27 (5) No person shall stand in the portion of a roadway
28 paved for vehicular traffic for the purpose of soliciting a
29 ride, employment, or business from the occupant of any
30 vehicle.
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Florida Senate - 2007 CS for SB 670
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1 (6) No person shall stand on or in proximity to a
2 street or highway for the purpose of soliciting the watching
3 or guarding of any vehicle while parked or about to be parked
4 on a street or highway.
5 (7)(a) The driver of a vehicle at an intersection with
6 a traffic control signal in place shall stop before entering
7 the crosswalk and remain stopped to allow a pedestrian, with a
8 permitted signal, to cross a roadway when the pedestrian is
9 either in the crosswalk or steps into the crosswalk and is
10 upon the half of the roadway upon which the vehicle is
11 traveling or when the pedestrian is approaching so closely
12 from the opposite half of the roadway as to be in danger.
13 (b) The driver of a vehicle at any crosswalk where
14 signage so indicates shall stop and remain stopped to allow a
15 pedestrian to cross a roadway when the pedestrian is either in
16 the crosswalk or steps into the crosswalk and is upon the half
17 of the roadway upon which the vehicle is traveling or when the
18 pedestrian is approaching so closely from the opposite half of
19 the roadway as to be in danger.
20 (c) When traffic control signals are not in place or
21 in operation and there is no signage indicating otherwise, the
22 driver of a vehicle shall yield the right-of-way, slowing down
23 or stopping if need be to so yield, to a pedestrian crossing
24 the roadway within a crosswalk when the pedestrian is upon the
25 half of the roadway upon which the vehicle is traveling or
26 when the pedestrian is approaching so closely from the
27 opposite half of the roadway as to be in danger. Any
28 pedestrian crossing a roadway at a point where a pedestrian
29 tunnel or overhead pedestrian crossing has been provided shall
30 yield the right-of-way to all vehicles upon the roadway.
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Florida Senate - 2007 CS for SB 670
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1 (8) No pedestrian shall suddenly leave a curb or other
2 place of safety and walk or run into the path of a vehicle
3 which is so close that it is impossible for the driver to
4 yield.
5 (9) Whenever any vehicle is stopped at a marked
6 crosswalk or at any unmarked crosswalk at an intersection to
7 permit a pedestrian to cross the roadway, the driver of any
8 other vehicle approaching from the rear shall not overtake and
9 pass such stopped vehicle.
10 (10) Every pedestrian crossing a roadway at any point
11 other than within a marked crosswalk or within an unmarked
12 crosswalk at an intersection shall yield the right-of-way to
13 all vehicles upon the roadway.
14 (11) Between adjacent intersections at which traffic
15 control signals are in operation, pedestrians shall not cross
16 at any place except in a marked crosswalk.
17 (12) No pedestrian shall, except in a marked
18 crosswalk, cross a roadway at any other place than by a route
19 at right angles to the curb or by the shortest route to the
20 opposite curb.
21 (13) Pedestrians shall move, whenever practicable,
22 upon the right half of crosswalks.
23 (14) No pedestrian shall cross a roadway intersection
24 diagonally unless authorized by official traffic control
25 devices, and, when authorized to cross diagonally, pedestrians
26 shall cross only in accordance with the official traffic
27 control devices pertaining to such crossing movements.
28 (15) Notwithstanding other provisions of this chapter,
29 every driver of a vehicle shall exercise due care to avoid
30 colliding with any pedestrian or any person propelling a
31 human-powered vehicle and give warning when necessary and
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Florida Senate - 2007 CS for SB 670
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1 exercise proper precaution upon observing any child or any
2 obviously confused or incapacitated person.
3 (16) No pedestrian shall enter or remain upon any
4 bridge or approach thereto beyond the bridge signal, gate, or
5 barrier after a bridge operation signal indication has been
6 given. No pedestrian shall pass through, around, over, or
7 under any crossing gate or barrier at a railroad grade
8 crossing or bridge while such gate or barrier is closed or is
9 being opened or closed.
10 (17) No pedestrian may jump or dive from a publicly
11 owned bridge. Nothing in this provision requires the state or
12 any political subdivision of the state to post signs notifying
13 the public of this provision. The failure to post a sign may
14 not be construed by any court to create liability on the part
15 of the state or any of its political subdivisions for injuries
16 sustained as a result of jumping or diving from a bridge in
17 violation of this subsection.
18 (18) No pedestrian shall walk upon a limited access
19 facility or a ramp connecting a limited access facility to any
20 other street or highway; however, this subsection does not
21 apply to maintenance personnel of any governmental
22 subdivision.
23 (19) A violation of this section is a noncriminal
24 traffic infraction, punishable pursuant to chapter 318 as
25 either a pedestrian violation or, if the infraction resulted
26 from the operation of a vehicle, as a moving violation.
27 Section 3. This act shall take effect July 1, 2007.
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Florida Senate - 2007 CS for SB 670
596-2195-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 670
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4 The CS changes the original bill's requirement for drivers to
stop and remain stopped while pedestrians are in a crosswalk,
5 limiting application of the requirement to stop only when a
pedestrian is on the same side of the road as the vehicle.
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