Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1122
       
       
       
       
       
       
                                Barcode 837012                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/19/2012           .                                
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       The Committee on Transportation (Gibson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 367 - 666
    4  and insert:
    5         Section 3. Subsection (1) of section 316.081, Florida
    6  Statutes, is amended to read:
    7         316.081 Driving on right side of roadway; exceptions.—
    8         (1) Upon all roadways of sufficient width, a vehicle shall
    9  be driven upon the right half of the roadway, except as follows:
   10         (a) When overtaking and passing another vehicle proceeding
   11  in the same direction under the rules governing such movement;
   12         (b) When an obstruction exists making it necessary to drive
   13  to the left of the center of the highway; provided any person so
   14  doing shall yield the right-of-way to all vehicles traveling in
   15  the proper direction upon the unobstructed portion of the
   16  highway within such distance as to constitute an immediate
   17  hazard;
   18         (c) When the presence of a garbage, trash, refuse, or
   19  recycling collection vehicle makes it necessary to drive to the
   20  left of the center of the roadway; provided any person doing so
   21  shall yield the right-of-way to pedestrian workers working with
   22  the collection vehicle and to all vehicles traveling in the
   23  proper direction upon the unobstructed portion of the roadway
   24  within such distance as to constitute an immediate hazard;
   25         (d)(c) Upon a roadway divided into three marked lanes for
   26  traffic under the rules applicable thereon; or
   27         (e)(d) Upon a roadway designated and signposted for one-way
   28  traffic.
   29         Section 4. Section 316.0835, Florida Statutes, is created
   30  to read:
   31         316.0835Duty to yield to sanitation workers.—
   32         (1) The driver of a vehicle shall yield the right-of-way to
   33  a pedestrian worker engaged in the collection of garbage, trash,
   34  refuse, or recycling along a roadway whenever the driver is
   35  reasonably and lawfully notified of the presence of such worker
   36  by the presence of a collection vehicle or by a warning sign or
   37  device.
   38         (2) The driver of a vehicle on public roadways shall yield
   39  the right-of-way to an authorized garbage, trash, refuse, or
   40  recycling collection vehicle that is stopped along a roadway or
   41  traveling in the same direction and that is engaged in the
   42  active collection of garbage, trash, refuse, or recycling along
   43  a roadway or that has signaled and is reentering the traffic
   44  flow.
   45         (3) When an authorized garbage, trash, refuse, or recycling
   46  collection vehicle using visual signals is performing a
   47  collection on the roadside, the driver of every other vehicle,
   48  as soon as it is safe:
   49         (a) Shall vacate the lane closest to the collection vehicle
   50  when driving on a highway with two or more lanes traveling in
   51  the direction of the collection vehicle, except when otherwise
   52  directed by a law enforcement officer. If such movement cannot
   53  be safely accomplished, the driver shall reduce speed as
   54  provided in paragraph (b).
   55         (b) Shall slow to a speed that is 20 miles per hour less
   56  than the posted speed limit when the posted speed limit is 25
   57  miles per hour or greater or travel at 5 miles per hour when the
   58  posted speed limit is 20 miles per hour or less, when driving on
   59  a two-lane road, except when otherwise directed by a law
   60  enforcement officer.
   61         (4) A violation of this section is a noncriminal traffic
   62  infraction, punishable as a moving violation as provided in
   63  chapter 318.
   64         (5) This section does not relieve the driver of a garbage,
   65  trash, refuse, or recycling collection vehicle from the duty to
   66  drive with due regard for the safety of all persons using the
   67  roadway.
   68         Section 5. Section 316.1303, Florida Statutes, is amended
   69  to read:
   70         316.1303 Traffic regulations to assist mobility-impaired
   71  persons.—
   72         (1) Whenever a pedestrian who is mobility impaired is in
   73  the process of crossing a public street or highway with the
   74  assistance of and the pedestrian is mobility-impaired (using a
   75  guide dog or service animal designated as such with a visible
   76  means of identification, a walker, a crutch, an orthopedic cane,
   77  or a wheelchair), the driver of a every vehicle approaching the
   78  intersection, as defined in s. 316.003(17), shall bring his or
   79  her vehicle to a full stop before arriving at the such
   80  intersection and, before proceeding, shall take such precautions
   81  as may be necessary to avoid injuring the such pedestrian.
   82         (2) A person who is mobility impaired and who is using a
   83  motorized wheelchair on a sidewalk may temporarily leave the
   84  sidewalk and use the roadway to avoid a potential conflict, if
   85  no alternative route exists. A law enforcement officer may issue
   86  only a verbal warning to such person.
   87         (3) A person who is convicted of a violation of subsection
   88  (1) this section shall be punished as provided in s. 318.18(3).
   89         Section 6. Paragraph (d) of subsection (3) and subsections
   90  (5) and (8) of section 316.2065, Florida Statutes, are amended
   91  to read:
   92         316.2065 Bicycle regulations.—
   93         (3)
   94         (d) A bicycle rider or passenger who is under 16 years of
   95  age must wear a bicycle helmet that is properly fitted and is
   96  fastened securely upon the passenger’s head by a strap, and that
   97  meets the federal safety standard for bicycle helmets, final
   98  rule, 16 C.F.R. part 1203. A helmet purchased before October 1,
   99  2012, which meets the standards of the American National
  100  Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
  101  standards of the Snell Memorial Foundation (1984 Standard for
  102  Protective Headgear for Use in Bicycling), or any other
  103  nationally recognized standards for bicycle helmets adopted by
  104  the department may continue to be worn by a bicycle rider or
  105  passenger until January 1, 2016. As used in this subsection, the
  106  term “passenger” includes a child who is riding in a trailer or
  107  semitrailer attached to a bicycle.
  108         (5)(a) Any person operating a bicycle upon a roadway at
  109  less than the normal speed of traffic at the time and place and
  110  under the conditions then existing shall ride in the lane marked
  111  for bicycle use or, if no lane is marked for bicycle use, as
  112  close as practicable to the right-hand curb or edge of the
  113  roadway except under any of the following situations:
  114         1. When overtaking and passing another bicycle or vehicle
  115  proceeding in the same direction.
  116         2. When preparing for a left turn at an intersection or
  117  into a private road or driveway.
  118         3. When reasonably necessary to avoid any condition or
  119  potential conflict, including, but not limited to, a fixed or
  120  moving object, parked or moving vehicle, bicycle, pedestrian,
  121  animal, surface hazard, turn lane, or substandard-width lane,
  122  which that makes it unsafe to continue along the right-hand curb
  123  or edge or within a bicycle lane. For the purposes of this
  124  subsection, a “substandard-width lane” is a lane that is too
  125  narrow for a bicycle and another vehicle to travel safely side
  126  by side within the lane.
  127         (b) Any person operating a bicycle upon a one-way highway
  128  with two or more marked traffic lanes may ride as near the left
  129  hand curb or edge of such roadway as practicable.
  130         (8) Every bicycle in use between sunset and sunrise shall
  131  be equipped with a lamp on the front exhibiting a white light
  132  visible from a distance of at least 500 feet to the front and a
  133  lamp and reflector on the rear each exhibiting a red light
  134  visible from a distance of 600 feet to the rear. A bicycle or
  135  its rider may be equipped with lights or reflectors in addition
  136  to those required by this section. A law enforcement officer may
  137  issue a bicycle safety brochure and a verbal warning to a
  138  bicycle rider who violates this subsection or may issue a
  139  citation and assess a fine for a pedestrian violation, as
  140  provided in s. 318.18. The court shall dismiss the charge
  141  against a bicycle rider for a first violation of this subsection
  142  upon proof of purchase and installation of the proper lighting
  143  equipment.
  144         Section 7. Subsection (3) of section 316.2085, Florida
  145  Statutes, is amended to read:
  146         316.2085 Riding on motorcycles or mopeds.—
  147         (3) The license tag of a motorcycle or moped must be
  148  permanently affixed to the vehicle and remain clearly visible
  149  from the rear at all times may not be adjusted or capable of
  150  being flipped up. Any deliberate act to conceal or obscure No
  151  device for or method of concealing or obscuring the legibility
  152  of the license tag of a motorcycle or moped is prohibited shall
  153  be installed or used. The license tag of a motorcycle or moped
  154  may be affixed horizontally to the ground so that the numbers
  155  and letters read from left to right. Alternatively, a Florida
  156  license tag for a motorcycle or moped for which the numbers and
  157  letters read from top to bottom may be affixed perpendicularly
  158  to the ground, provided that the registered owner of the
  159  motorcycle or moped maintains a prepaid toll account in good
  160  standing and a transponder associated with the prepaid toll
  161  account is affixed to the motorcycle or moped. A license tag for
  162  a motorcycle or moped issued by another jurisdiction for which
  163  the numbers and letters read from top to bottom may be affixed
  164  perpendicularly to the ground.
  165         Section 8. Section 316.2129, Florida Statutes, is created
  166  to read:
  167         316.2129Operation of swamp buggies on public roads,
  168  streets, or highways prohibited; exceptions.—
  169         (1) The operation of a swamp buggy on a public road,
  170  street, or highway is prohibited unless a local governmental
  171  entity has designated the public road, street, or highway for
  172  use by swamp buggies based on factors, including, but not
  173  limited to, the speed, volume, and character of the motor
  174  vehicle traffic currently using the public road, street, or
  175  highway. Upon determining that swamp buggies may be safely
  176  operated on a public road, street, or highway, the local
  177  governmental entity shall post appropriate signs or otherwise
  178  inform the public that the operation of swamp buggies is
  179  allowed.
  180         (2) The operation of a swamp buggy on land managed, owned,
  181  or leased by a state or federal agency is prohibited unless the
  182  state or federal agency authorizes the operation of swamp
  183  buggies on such land, including any public road, street, or
  184  highway running through or located within the state or federal
  185  land. Upon determining that swamp buggies may be safely operated
  186  on a public road, street, or highway running through or located
  187  within such land, the state or federal agency shall post
  188  appropriate signs or otherwise inform the public that the
  189  operation of swamp buggies is allowed.
  190         Section 9. Subsection (7) of section 316.2397, Florida
  191  Statutes, is amended to read:
  192         316.2397 Certain lights prohibited; exceptions.—
  193         (7) Flashing lights are prohibited on vehicles except:
  194         (a) As a means of indicating a right or left turn, to
  195  change lanes, or to indicate that the vehicle is lawfully
  196  stopped or disabled upon the highway;
  197         (b) When a motorist intermittently flashes his or her
  198  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  199  motorist’s intent for doing so; and or except that
  200         (c) For the lamps authorized in subsections (1), (2), (3),
  201  (4), and (9) and s. 316.235(5), which are permitted to flash.
  202         Section 10. Subsection (1) of section 316.3026, Florida
  203  Statutes, is amended to read:
  204         316.3026 Unlawful operation of motor carriers.—
  205         (1) The Office of Commercial Vehicle Enforcement Motor
  206  Carrier Compliance may issue out-of-service orders to motor
  207  carriers, as defined in s. 320.01(33), who, after proper notice,
  208  have failed to pay any penalty or fine assessed by the
  209  department, or its agent, against any owner or motor carrier for
  210  violations of state law, refused to submit to a compliance
  211  review and provide records pursuant to s. 316.302(5) or s.
  212  316.70, or violated safety regulations pursuant to s. 316.302 or
  213  insurance requirements in s. 627.7415. Such out-of-service
  214  orders have the effect of prohibiting the operations of any
  215  motor vehicles owned, leased, or otherwise operated by the motor
  216  carrier upon the roadways of this state, until the violations
  217  have been corrected or penalties have been paid. Out-of-service
  218  orders must be approved by the director of the Division of the
  219  Florida Highway Patrol or his or her designee. An administrative
  220  hearing pursuant to s. 120.569 shall be afforded to motor
  221  carriers subject to such orders.
  222         Section 11. Subsection (1) of section 316.6135, Florida
  223  Statutes, is amended to read:
  224         316.6135 Leaving children unattended or unsupervised in
  225  motor vehicles; penalty; authority of law enforcement officer.—
  226         (1) A parent, legal guardian, or other person responsible
  227  for a child younger than 6 years of age may not leave the such
  228  child unattended or unsupervised in a motor vehicle:
  229         (a) For a period in excess of 15 minutes; or
  230         (b) For any period of time if the motor of the vehicle is
  231  running, or the health of the child is in danger, or the child
  232  appears to be in distress.
  233         Section 12. Subsection (9) of section 316.614, Florida
  234  Statutes, is amended to read:
  235         316.614 Safety belt usage.—
  236         (9) By January 1, 2006, Each law enforcement agency in this
  237  state shall adopt departmental policies to prohibit the practice
  238  of racial profiling. When a law enforcement officer issues a
  239  citation for a violation of this section, the law enforcement
  240  officer must record the race and ethnicity of the violator. All
  241  law enforcement agencies must maintain such information and
  242  forward the information to the department in a form and manner
  243  determined by the department. The department shall collect this
  244  information by jurisdiction and annually report the data to the
  245  Governor, the President of the Senate, and the Speaker of the
  246  House of Representatives. The report must show separate
  247  statewide totals for the state’s county sheriffs and municipal
  248  law enforcement agencies, state law enforcement agencies, and
  249  state university law enforcement agencies.
  250         Section 13. Subsections (9) and (10) of section 318.14,
  251  Florida Statutes, are amended to read:
  252         318.14 Noncriminal traffic infractions; exception;
  253  procedures.—
  254         (9) Any person who does not hold a commercial driver
  255  driver’s license and who is cited while driving a noncommercial
  256  motor vehicle for an infraction under this section other than a
  257  violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
  258  driver exceeds the posted limit by 30 miles per hour or more, s.
  259  320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
  260  322.61, or s. 322.62 may, in lieu of a court appearance, elect
  261  to attend in the location of his or her choice within this state
  262  a basic driver improvement course approved by the Department of
  263  Highway Safety and Motor Vehicles. In such a case, adjudication
  264  must be withheld and points, as provided by s. 322.27, may not
  265  be assessed. However, a person may not make an election under
  266  this subsection if the person has made an election under this
  267  subsection in the preceding 12 months. A person may not make no
  268  more than five elections within his or her lifetime under this
  269  subsection. The requirement for community service under s.
  270  318.18(8) is not waived by a plea of nolo contendere or by the
  271  withholding of adjudication of guilt by a court. If a person
  272  makes an election to attend a basic driver improvement course
  273  under this subsection, 18 percent of the civil penalty imposed
  274  under s. 318.18(3) shall be deposited in the State Courts
  275  Revenue Trust Fund; however, that portion is not revenue for
  276  purposes of s. 28.36 and may not be used in establishing the
  277  budget of the clerk of the court under that section or s. 28.35.
  278         (10)(a) Any person who does not hold a commercial driver
  279  driver’s license and who is cited while driving a noncommercial
  280  motor vehicle for an offense listed under this subsection may,
  281  in lieu of payment of fine or court appearance, elect to enter a
  282  plea of nolo contendere and provide proof of compliance to the
  283  clerk of the court, designated official, or authorized operator
  284  of a traffic violations bureau. In such case, adjudication shall
  285  be withheld; however, a person may not make an no election shall
  286  be made under this subsection if the such person has made an
  287  election under this subsection in the preceding 12 months
  288  preceding election hereunder. A No person may not make more than
  289  three elections under this subsection. This subsection applies
  290  to the following offenses:
  291         1. Operating a motor vehicle without a valid driver
  292  driver’s license in violation of the provisions of s. 322.03, s.
  293  322.065, or s. 322.15(1), or operating a motor vehicle with a
  294  license that has been suspended for failure to appear, failure
  295  to pay civil penalty, or failure to attend a driver improvement
  296  course pursuant to s. 322.291.
  297         2. Operating a motor vehicle without a valid registration
  298  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  299         3. Operating a motor vehicle in violation of s. 316.646.
  300         4. Operating a motor vehicle with a license that has been
  301  suspended under s. 61.13016 or s. 322.245 for failure to pay
  302  child support or for failure to pay any other financial
  303  obligation as provided in s. 322.245; however, this subparagraph
  304  does not apply if the license has been suspended pursuant to s.
  305  322.245(1).
  306         5. Operating a motor vehicle with a license that has been
  307  suspended under s. 322.091 for failure to meet school attendance
  308  requirements.
  309         (b) Any person cited for an offense listed in this
  310  subsection shall present proof of compliance before prior to the
  311  scheduled court appearance date. For the purposes of this
  312  subsection, proof of compliance shall consist of a valid,
  313  renewed, or reinstated driver driver’s license or registration
  314  certificate and proper proof of maintenance of security as
  315  required by s. 316.646. Notwithstanding waiver of fine, any
  316  person establishing proof of compliance shall be assessed court
  317  costs of $25, except that a person charged with violation of s.
  318  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  319  such costs shall be remitted to the Department of Revenue for
  320  deposit into the Child Welfare Training Trust Fund of the
  321  Department of Children and Family Services. One dollar of such
  322  costs shall be distributed to the Department of Juvenile Justice
  323  for deposit into the Juvenile Justice Training Trust Fund.
  324  Fourteen dollars of such costs shall be distributed to the
  325  municipality and $9 shall be deposited by the clerk of the court
  326  into the fine and forfeiture fund established pursuant to s.
  327  142.01, if the offense was committed within the municipality. If
  328  the offense was committed in an unincorporated area of a county
  329  or if the citation was for a violation of s. 316.646(1)-(3), the
  330  entire amount shall be deposited by the clerk of the court into
  331  the fine and forfeiture fund established pursuant to s. 142.01,
  332  except for the moneys to be deposited into the Child Welfare
  333  Training Trust Fund and the Juvenile Justice Training Trust
  334  Fund. This subsection does shall not be construed to authorize
  335  the operation of a vehicle without a valid driver driver’s
  336  license, without a valid vehicle tag and registration, or
  337  without the maintenance of required security.
  338         Section 14. Paragraph (c) is added to subsection (1) of
  339  section 318.15, Florida Statutes, to read:
  340         318.15 Failure to comply with civil penalty or to appear;
  341  penalty.—
  342         (1)
  343         (c) A person who is charged with a traffic infraction may
  344  request a hearing within 180 days after the date upon which the
  345  violation occurred, regardless of any action taken by the court
  346  or the department to suspend the person’s driving privilege, and
  347  upon request, the clerk must set the case for hearing. The
  348  person shall be given a form for requesting that his or her
  349  driving privilege be reinstated. If the 180th day after the date
  350  upon which the violation occurred is a Saturday, Sunday, or
  351  legal holiday, the person who is charged must request a hearing
  352  within 177 days after the date upon which the violation
  353  occurred; however, the court may grant a request for a hearing
  354  made more than 180 days after the date upon which the violation
  355  occurred. This paragraph does not affect the assessment of late
  356  fees as otherwise provided in this chapter.
  357         Section 15. Paragraph (f) of subsection (3) of section
  358  318.18, Florida Statutes, is amended, and subsection (22) is
  359  added to that section, to read:
  360         318.18 Amount of penalties.—The penalties required for a
  361  noncriminal disposition pursuant to s. 318.14 or a criminal
  362  offense listed in s. 318.17 are as follows:
  363         (3)
  364         (f) If a violation of s. 316.1301 or s. 316.1303(1) s.
  365  316.1303 results in an injury to the pedestrian or damage to the
  366  property of the pedestrian, an additional fine of up to $250
  367  shall be paid. This amount must be distributed pursuant to s.
  368  318.21.
  369         (22) Fifty dollars for a violation of s. 316.0835.
  370  
  371  ================= T I T L E  A M E N D M E N T ================
  372         And the title is amended as follows:
  373         Delete lines 9 - 72
  374  and insert:
  375         term “swamp buggy”; amending s. 316.081, F.S.;
  376         providing an exception from the requirement that a
  377         vehicle be driven on the right half of the roadway
  378         when the vehicle is in the presence of a garbage,
  379         trash, refuse, or recycling collection vehicle;
  380         creating s. 316.0835, F.S.; requiring that the driver
  381         of a vehicle yield the right-of-way to a pedestrian
  382         worker engaged in the collection of garbage, trash,
  383         refuse, or recycling along a roadway or to an
  384         authorized garbage, trash, refuse, or recycling
  385         collection vehicle; providing that the failure to
  386         yield is a noncriminal traffic infraction; amending s.
  387         316.1303, F.S.; authorizing a person who is mobility
  388         impaired to use a motorized wheelchair to temporarily
  389         leave the sidewalk and use the roadway under certain
  390         circumstances; authorizing a law enforcement officer
  391         to issue only a verbal warning to such person;
  392         amending s. 316.2065, F.S.; revising safety standard
  393         requirements for bicycle helmets that must be worn by
  394         certain riders and passengers; revising requirements
  395         for a bicycle operator to ride in a bicycle lane or
  396         along the curb or edge of the roadway; providing for
  397         enforcement of requirements for bicycle lighting
  398         equipment; providing penalties for violations;
  399         providing for dismissal of the charge following a
  400         first offense under certain circumstances; amending s.
  401         316.2085, F.S.; requiring that the license tag of a
  402         motorcycle or moped remain clearly visible from the
  403         rear at all times; prohibiting deliberate acts to
  404         conceal or obscure the license tag; providing that
  405         certain license tags may be affixed perpendicularly to
  406         the ground; creating s. 316.2129, F.S.; prohibiting
  407         the operation of swamp buggies on a public road,
  408         highway, or street; providing exceptions; prohibiting
  409         the operation of swamp buggies on land managed, owned,
  410         or leased by a state or federal agency; providing
  411         exceptions; amending s. 316.2397, F.S.; providing an
  412         exception to the prohibition against flashing vehicle
  413         lights for motorists who intermittently flash their
  414         vehicle’s headlamps at an oncoming vehicle, regardless
  415         of their intent in doing so; amending s. 316.3026,
  416         F.S.; revising provisions to rename the Office of
  417         Motor Carrier Compliance within the Division of the
  418         Florida Highway Patrol as the Office of Commercial
  419         Vehicle Enforcement to conform to changes made by the
  420         act; amending s. 316.6135, F.S.; revising the criteria
  421         under which a child may not be left unattended in a
  422         vehicle; amending s. 316.614, F.S.; deleting
  423         provisions that require that a law enforcement officer
  424         record the race and ethnicity of a person who is given
  425         a citation for not wearing his or her safety belt;
  426         deleting provisions that require that the Department
  427         of Highway Safety and Motor Vehicles collect such
  428         information and provide reports; amending s. 318.14,
  429         F.S.; authorizing a person who does not hold a
  430         commercial driver license and who is cited for a
  431         noncriminal traffic infraction while driving a
  432         noncommercial motor vehicle to elect to attend a basic
  433         driver improvement course in lieu of a court
  434         appearance; authorizing a person who does not hold a
  435         commercial driver license and who is cited for certain
  436         offenses while driving a noncommercial motor vehicle
  437         to elect to enter a plea of nolo contendere and to
  438         provide proof of compliance in lieu of payment of fine
  439         or court appearance; amending s. 318.15, F.S.;
  440         providing that a person charged with a traffic
  441         infraction may request a hearing within a specified
  442         period after the date upon which the violation
  443         occurred; requiring that the clerk set the case for
  444         hearing; providing exceptions to the time period for
  445         requesting a hearing; authorizing the court to grant a
  446         request for a hearing made more than 180 days after
  447         the date upon which the violation occurred; amending
  448         s. 318.18, F.S.; conforming a cross-reference;
  449         providing a penalty for a violation of the duty to
  450         yield to sanitation workers; amending s. 318.21, F.S.;
  451         conforming a cross-reference; amending s. 319.14,
  452         F.S.; prohibiting the