HB 89

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 in the crosswalk; amending s.
6318.18, F.S.; providing penalties; directing that fines
7received be used by the Department of Highway Safety and
8Motor Vehicles to educate the public about pedestrian
9safety and traffic laws governing crosswalks; amending s.
10318.21, F.S.; providing for distribution of fines;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (c) of subsection (1) of section
16316.075, Florida Statutes, is amended to read:
17     316.075  Traffic control signal devices.--
18     (1)  Except for automatic warning signal lights installed
19or to be installed at railroad crossings, whenever traffic,
20including municipal traffic, is controlled by traffic control
21signals exhibiting different colored lights, or colored lighted
22arrows, successively one at a time or in combination, only the
23colors green, red, and yellow shall be used, except for special
24pedestrian signals carrying a word legend, and the lights shall
25indicate and apply to drivers of vehicles and pedestrians as
26follows:
27     (c)  Steady red indication.--
28     1.  Vehicular traffic facing a steady red signal shall stop
29before entering the crosswalk on the near side of the
30intersection or, if none, then before entering the intersection
31and shall remain standing until a green indication is shown;
32however:
33     a.  The driver of a vehicle which is stopped at a clearly
34marked stop line, but if none, before entering the crosswalk on
35the near side of the intersection, or, if none then at the point
36nearest the intersecting roadway where the driver has a view of
37approaching traffic on the intersecting roadway before entering
38the intersection in obedience to a steady red signal may make a
39right turn, but shall yield the right-of-way to pedestrians and
40other traffic proceeding as directed by the signal at the
41intersection, except that municipal and county authorities may
42prohibit any such right turn against a steady red signal at any
43intersection, which prohibition shall be effective when a sign
44giving notice thereof is erected in a location visible to
45traffic approaching the intersection.
46     b.  The driver of a vehicle on a one-way street that
47intersects another one-way street on which traffic moves to the
48left shall stop in obedience to a steady red signal, but may
49then make a left turn into the one-way street, but shall yield
50the right-of-way to pedestrians and other traffic proceeding as
51directed by the signal at the intersection, except that
52municipal and county authorities may prohibit any such left turn
53as described, which prohibition shall be effective when a sign
54giving notice thereof is attached to the traffic control signal
55device at the intersection.
56     2.a.  The driver of a vehicle facing a steady red signal
57shall stop before entering the crosswalk and remain stopped to
58allow a pedestrian, with a permitted signal, to cross a roadway
59when the pedestrian is in the crosswalk and is upon the half of
60the roadway upon which the vehicle is traveling.
61     b.  Unless otherwise directed by a pedestrian control
62signal as provided in s. 316.0755, pedestrians facing a steady
63red signal shall not enter the roadway.
64     (4)  A violation of this section is a noncriminal traffic
65infraction, punishable pursuant to chapter 318 as either a
66pedestrian violation or, if the infraction resulted from the
67operation of a vehicle, as a moving violation.
68     Section 2.  Subsection (7) of section 316.130, Florida
69Statutes, is amended to read:
70     316.130  Pedestrians; Pedestrian obedience to traffic
71control devices and traffic regulations.--
72     (7)(a)  The driver of a vehicle at an intersection with a
73traffic control signal in place shall stop before entering the
74crosswalk and remain stopped to allow a pedestrian, with a
75permitted signal, to cross a roadway when the pedestrian is in
76the crosswalk and is upon the half of the roadway upon which the
77vehicle is traveling.
78     (b)  The driver of a vehicle at any crosswalk where signage
79so indicates shall stop and remain stopped to allow a pedestrian
80to cross a roadway when the pedestrian is in the crosswalk and
81is upon the half of the roadway upon which the vehicle is
82traveling.
83     (c)  When traffic control signals are not in place or in
84operation and there is no signage indicating otherwise, the
85driver of a vehicle shall yield the right-of-way, slowing down
86or stopping if need be to so yield, to a pedestrian crossing the
87roadway within a crosswalk when the pedestrian is upon the half
88of the roadway upon which the vehicle is traveling or when the
89pedestrian is approaching so closely from the opposite half of
90the roadway as to be in danger. Any pedestrian crossing a
91roadway at a point where a pedestrian tunnel or overhead
92pedestrian crossing has been provided shall yield the right-of-
93way to all vehicles upon the roadway.
94     (19)  A violation of this section is a noncriminal traffic
95infraction, punishable pursuant to chapter 318 as either a
96pedestrian violation or, if the infraction resulted from the
97operation of a vehicle, as a moving violation.
98     Section 3.  Paragraph (i) is added to subsection (3) of
99section 318.18, Florida Statutes, to read:
100     318.18  Amount of penalties.--The penalties required for a
101noncriminal disposition pursuant to s. 318.14 or a criminal
102offense 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)
105for failure to yield to a pedestrian or for failure to allow a
106pedestrian to cross at the crosswalk shall pay $60 in addition
107to the amount listed in paragraph (a). The additional $60 shall
108be distributed to the department to be used to educate the
109public about pedestrian safety and traffic laws governing
110crosswalks in this state.
111     Section 4.  Subsection (18) is added to section 318.21,
112Florida Statutes, to read:
113     318.21  Disposition of civil penalties by county
114courts.--All civil penalties received by a county court pursuant
115to the provisions of this chapter shall be distributed and paid
116monthly as follows:
117     (18)  The additional $60 fine assessed under s.
118318.18(3)(i) for a violation of s. 316.075(1)(c) or s.
119316.130(7) shall be remitted to the Department of Revenue for
120deposit into the Highway Safety Operating Trust Fund and used as
121provided in s. 318.18(3)(i).
122     Section 5.  This act shall take effect July 1, 2008.


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