| 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. |