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 in the crosswalk; amending s. |
6 | 318.18, F.S.; providing penalties; directing that fines |
7 | received be used by the Department of Highway Safety and |
8 | Motor Vehicles to educate the public about pedestrian |
9 | safety and traffic laws governing crosswalks; amending s. |
10 | 318.21, F.S.; providing for distribution of fines; |
11 | providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Paragraph (c) of subsection (1) of section |
16 | 316.075, Florida Statutes, is amended to read: |
17 | 316.075 Traffic control signal devices.-- |
18 | (1) Except for automatic warning signal lights installed |
19 | or to be installed at railroad crossings, whenever traffic, |
20 | including municipal traffic, is controlled by traffic control |
21 | signals exhibiting different colored lights, or colored lighted |
22 | arrows, successively one at a time or in combination, only the |
23 | colors green, red, and yellow shall be used, except for special |
24 | pedestrian signals carrying a word legend, and the lights shall |
25 | indicate and apply to drivers of vehicles and pedestrians as |
26 | follows: |
27 | (c) Steady red indication.-- |
28 | 1. Vehicular traffic facing a steady red signal shall stop |
29 | before entering the crosswalk on the near side of the |
30 | intersection or, if none, then before entering the intersection |
31 | and shall remain standing until a green indication is shown; |
32 | however: |
33 | a. The driver of a vehicle which is stopped at a clearly |
34 | marked stop line, but if none, before entering the crosswalk on |
35 | the near side of the intersection, or, if none then at the point |
36 | nearest the intersecting roadway where the driver has a view of |
37 | approaching traffic on the intersecting roadway before entering |
38 | the intersection in obedience to a steady red signal may make a |
39 | right turn, but shall yield the right-of-way to pedestrians and |
40 | other traffic proceeding as directed by the signal at the |
41 | intersection, except that municipal and county authorities may |
42 | prohibit any such right turn against a steady red signal at any |
43 | intersection, which prohibition shall be effective when a sign |
44 | giving notice thereof is erected in a location visible to |
45 | traffic approaching the intersection. |
46 | b. The driver of a vehicle on a one-way street that |
47 | intersects another one-way street on which traffic moves to the |
48 | left shall stop in obedience to a steady red signal, but may |
49 | then make a left turn into the one-way street, but shall yield |
50 | the right-of-way to pedestrians and other traffic proceeding as |
51 | directed by the signal at the intersection, except that |
52 | municipal and county authorities may prohibit any such left turn |
53 | as described, which prohibition shall be effective when a sign |
54 | giving notice thereof is attached to the traffic control signal |
55 | device at the intersection. |
56 | 2.a. The driver of a vehicle facing a steady red signal |
57 | shall stop before entering the crosswalk and remain stopped to |
58 | allow a pedestrian, with a permitted signal, to cross a roadway |
59 | when the pedestrian is in the crosswalk and is upon the half of |
60 | the roadway upon which the vehicle is traveling. |
61 | b. Unless otherwise directed by a pedestrian control |
62 | signal as provided in s. 316.0755, pedestrians facing a steady |
63 | red signal shall not enter the roadway. |
64 | (4) A violation of this section is a noncriminal traffic |
65 | infraction, punishable pursuant to chapter 318 as either a |
66 | pedestrian violation or, if the infraction resulted from the |
67 | operation of a vehicle, as a moving violation. |
68 | Section 2. Subsection (7) of section 316.130, Florida |
69 | Statutes, is amended to read: |
70 | 316.130 Pedestrians; Pedestrian obedience to traffic |
71 | control devices and traffic regulations.-- |
72 | (7)(a) The driver of a vehicle at an intersection with a |
73 | traffic control signal in place shall stop before entering the |
74 | crosswalk and remain stopped to allow a pedestrian, with a |
75 | permitted signal, to cross a roadway when the pedestrian is in |
76 | the crosswalk and is upon the half of the roadway upon which the |
77 | vehicle is traveling. |
78 | (b) The driver of a vehicle at any crosswalk where signage |
79 | so indicates shall stop and remain stopped to allow a pedestrian |
80 | to cross a roadway when the pedestrian is in the crosswalk and |
81 | is upon the half of the roadway upon which the vehicle is |
82 | traveling. |
83 | (c) When traffic control signals are not in place or in |
84 | operation and there is no signage indicating otherwise, the |
85 | driver of a vehicle shall yield the right-of-way, slowing down |
86 | or stopping if need be to so yield, to a pedestrian crossing the |
87 | roadway within a crosswalk when the pedestrian is upon the half |
88 | of the roadway upon which the vehicle is traveling or when the |
89 | pedestrian is approaching so closely from the opposite half of |
90 | the roadway as to be in danger. Any pedestrian crossing a |
91 | roadway at a point where a pedestrian tunnel or overhead |
92 | pedestrian crossing has been provided shall yield the right-of- |
93 | way to all vehicles upon the roadway. |
94 | (19) A violation of this section is a noncriminal traffic |
95 | infraction, punishable pursuant to chapter 318 as either a |
96 | pedestrian violation or, if the infraction resulted from the |
97 | operation of a vehicle, as a moving violation. |
98 | Section 3. Paragraph (i) is added to subsection (3) of |
99 | section 318.18, Florida Statutes, to read: |
100 | 318.18 Amount of penalties.--The penalties required for a |
101 | noncriminal disposition pursuant to s. 318.14 or a criminal |
102 | offense listed in s. 318.17 are as follows: |
103 | (3) |
104 | (i) A person cited under s. 316.075(1)(c) or s. 316.130(7) |
105 | for failure to yield to a pedestrian or for failure to allow a |
106 | pedestrian to cross at the crosswalk shall pay $60 in addition |
107 | to the amount listed in paragraph (a). The additional $60 shall |
108 | be distributed to the department to be used to educate the |
109 | public about pedestrian safety and traffic laws governing |
110 | crosswalks in this state. |
111 | Section 4. Subsection (18) is added to section 318.21, |
112 | Florida Statutes, to read: |
113 | 318.21 Disposition of civil penalties by county |
114 | courts.--All civil penalties received by a county court pursuant |
115 | to the provisions of this chapter shall be distributed and paid |
116 | monthly as follows: |
117 | (18) The additional $60 fine assessed under s. |
118 | 318.18(3)(i) for a violation of s. 316.075(1)(c) or s. |
119 | 316.130(7) shall be remitted to the Department of Revenue for |
120 | deposit into the Highway Safety Operating Trust Fund and used as |
121 | provided in s. 318.18(3)(i). |
122 | Section 5. This act shall take effect July 1, 2008. |