Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1180
       
       
       
       
       
       
                                Barcode 100546                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/30/2011           .                                
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       The Committee on Transportation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 112 and 113
    4  insert:
    5         Section 2. Section 316.1895, Florida Statutes, is amended
    6  to read:
    7         316.1895 Establishment of school speed zones;, enforcement;
    8  designation.—
    9         (1) This section may be cited as the “Shayne Patrick Martin
   10  Safety Act.”
   11         (2)(1)(a) The Department of Transportation, pursuant to the
   12  authority granted under s. 316.0745, shall adopt a uniform
   13  system of traffic control devices and pedestrian control devices
   14  for use on the streets and highways in the state surrounding all
   15  schools, public and private.
   16         (b) The Department of Transportation shall compile,
   17  publish, and transmit a manual containing all specifications and
   18  requirements with respect to the system of devices established
   19  pursuant to paragraph (a) to the governing body of each county
   20  and municipality in the state, and the Department of
   21  Transportation and each county and municipality in the state
   22  shall install and maintain such traffic and pedestrian control
   23  devices in conformity with such uniform system.
   24         (3)(2) Upon request from the appropriate local government,
   25  the Department of Transportation shall install and maintain such
   26  traffic and pedestrian control devices on state-maintained roads
   27  as prescribed in this section for all prekindergarten early
   28  intervention schools that receive federal funding through the
   29  Headstart program.
   30         (4)(3)(a) A school zone located on a state-maintained
   31  primary or secondary road shall be maintained by the Department
   32  of Transportation. However, nothing herein shall prohibit the
   33  Department of Transportation from entering into agreements with
   34  counties or municipalities whereby the local governmental
   35  entities would maintain specified school zones on state
   36  maintained primary or secondary roads.
   37         (b) The county shall have the responsibility to maintain a
   38  school zone located outside of any municipality and on a county
   39  road.
   40         (c) A municipality shall have the responsibility to
   41  maintain a school zone located in a municipality.
   42         (d) For the purposes of this section, the term “maintained”
   43  with respect to any school zone means the care and maintenance
   44  of all school zone signs, markers, traffic control devices, and
   45  pedestrian control devices.
   46         (5)(4)(a) A school zone maintained by a county shall be
   47  periodically inspected by the county sheriff’s office or any
   48  other qualified agent to determine whether or not the school
   49  zone is being properly maintained.
   50         (b) A school zone maintained by a municipality shall be
   51  periodically inspected by the municipal police department or any
   52  other qualified agent to determine whether or not the school
   53  zone is being properly maintained.
   54         (6)(5) A school zone shall include transitional speed areas
   55  for a distance of 50 yards before and after the slower posted
   56  speed limit. The slower posted speed limit in a school zone may
   57  not be less than 15 miles per hour, except by local regulation,
   58  or. No school zone speed limit shall be more than 20 miles per
   59  hour in an urbanized area, as defined in s. 334.03. The speed
   60  limit in the transitional speed area of a school zone shall be 5
   61  miles per hour higher than the slower posted speed limit in the
   62  school zone. School zone Such speed limits limit may be in force
   63  only during those times 30 minutes before, during, and 30
   64  minutes after the periods of time when pupils are arriving at a
   65  regularly scheduled breakfast program or a regularly scheduled
   66  school session and leaving a regularly scheduled school session.
   67         (7)(6) Permanent signs designating school zones and school
   68  zone speed limits shall be uniform in size and color, and shall
   69  have the times during which the restrictive speed limits are
   70  limit is enforced clearly designated thereon. Flashing beacons
   71  activated by a time clock, or other automatic device, or
   72  manually activated may be used as an alternative to posting the
   73  times during which the restrictive school speed limits are limit
   74  is enforced. Beginning July 1, 2008, for any newly established
   75  school zone or any school zone in which the signing has been
   76  replaced, a sign stating “Speeding Fines Doubled” shall be
   77  installed within the school zone. The Department of
   78  Transportation shall establish adequate standards for the signs
   79  and flashing beacons.
   80         (8)(7) Portable signs designating school zones and school
   81  zone speed limits shall be uniform in size and color. Such signs
   82  shall be erected on the roadway only during those hours when
   83  pupils are arriving at and leaving regularly scheduled school
   84  sessions. The Department of Transportation shall establish
   85  adequate standards for the signs.
   86         (9)(8)This section does not Nothing herein shall prohibit
   87  the use of automatic traffic control devices for the control of
   88  vehicular and pedestrian traffic at school crossings.
   89         (10)(9) All flags, belts, apparel, and devices issued,
   90  supplied, or furnished to pupils or persons acting in the
   91  capacity of school safety patrols, special school police, or
   92  special police appointed to control and direct traffic at or
   93  near schools, when used during periods of darkness, shall be
   94  made at least in part with retroreflective materials so as to be
   95  visible at night at 300 feet to approaching motorists when
   96  viewed under lawful low-beam headlights.
   97         (11)(10) A person may not drive a vehicle on a roadway
   98  designated as a school zone at a speed greater than that posted
   99  in the school zone in accordance with this section. A violation
  100  of a the speed limit limits established pursuant to this section
  101  is a noncriminal traffic infraction, punishable must be cited as
  102  a moving violation, punishable as provided in chapter 318.
  103  
  104  ================= T I T L E  A M E N D M E N T ================
  105         And the title is amended as follows:
  106         Delete line 10
  107  and insert:
  108         systems in the state; amending s. 316.1895, F.S.;
  109         providing a short title; providing for transitional
  110         speed areas before and after the slowest established
  111         speed limit within a school zone; providing penalties
  112         for violation of a speed limit within a school zone;
  113         amending s. 316.3025, F.S.;