Florida Senate - 2012                                     SB 590
       
       
       
       By Senator Garcia
       
       
       
       
       40-00552-12                                            2012590__
    1                        A bill to be entitled                      
    2         An act relating to traffic control signals; amending
    3         s. 316.075, F.S.; requiring traffic control signals to
    4         maintain certain signal intervals and display
    5         durations based on approach speeds; providing that a
    6         citation for specified violations shall be dismissed
    7         if the traffic control signal does not meet specified
    8         requirements; providing dates for intersections to
    9         meet requirements of the act; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 316.075, Florida Statutes, is amended to
   15  read:
   16         316.075 Traffic control signal devices.—
   17         (1) Except for automatic warning signal lights installed or
   18  to be installed at railroad crossings, whenever traffic,
   19  including municipal traffic, is controlled by traffic control
   20  signals exhibiting different colored lights, or colored lighted
   21  arrows, successively one at a time or in combination, only the
   22  colors green, red, and yellow shall be used, except for special
   23  pedestrian signals carrying a word legend, and the lights shall
   24  indicate and apply to drivers of vehicles and pedestrians as
   25  follows:
   26         (a) Green indication.—
   27         1. Vehicular traffic facing a circular green signal may
   28  proceed cautiously straight through or turn right or left unless
   29  a sign at such place prohibits either such turn. But vehicular
   30  traffic, including vehicles turning right or left, shall yield
   31  the right-of-way to other vehicles and to pedestrians lawfully
   32  within the intersection or an adjacent crosswalk at the time
   33  such signal is exhibited.
   34         2. Vehicular traffic facing a green arrow signal, shown
   35  alone or in combination with another indication, as directed by
   36  the manual, may cautiously enter the intersection only to make
   37  the movement indicated by such arrow, or such other movement as
   38  is permitted by other indications shown at the same time, except
   39  the driver of any vehicle may U-turn, so as to proceed in the
   40  opposite direction unless such movement is prohibited by posted
   41  traffic control signs. Such vehicular traffic shall yield the
   42  right-of-way to pedestrians lawfully within an adjacent
   43  crosswalk and to other traffic lawfully using the intersection.
   44         3. Unless otherwise directed by a pedestrian control signal
   45  as provided in s. 316.0755, pedestrians facing any green signal,
   46  except when the sole green signal is a turn arrow, may proceed
   47  across the roadway within any marked or unmarked crosswalk.
   48         (b) Steady yellow indication.—
   49         1. Vehicular traffic facing a steady yellow signal is
   50  thereby warned that the related green movement is being
   51  terminated or that a red indication will be exhibited
   52  immediately thereafter when vehicular traffic shall not enter
   53  the intersection.
   54         2. Pedestrians facing a steady yellow signal, unless
   55  otherwise directed by a pedestrian control signal as provided in
   56  s. 316.0755, are thereby advised that there is insufficient time
   57  to cross the roadway before a red indication is shown and no
   58  pedestrian shall start to cross the roadway.
   59         (c) Steady red indication.—
   60         1. Vehicular traffic facing a steady red signal shall stop
   61  before entering the crosswalk on the near side of the
   62  intersection or, if none, then before entering the intersection
   63  and shall remain standing until a green indication is shown;
   64  however:
   65         a. The driver of a vehicle which is stopped at a clearly
   66  marked stop line, but if none, before entering the crosswalk on
   67  the near side of the intersection, or, if none then at the point
   68  nearest the intersecting roadway where the driver has a view of
   69  approaching traffic on the intersecting roadway before entering
   70  the intersection in obedience to a steady red signal may make a
   71  right turn, but shall yield the right-of-way to pedestrians and
   72  other traffic proceeding as directed by the signal at the
   73  intersection, except that municipal and county authorities may
   74  prohibit any such right turn against a steady red signal at any
   75  intersection, which prohibition shall be effective when a sign
   76  giving notice thereof is erected in a location visible to
   77  traffic approaching the intersection.
   78         b. The driver of a vehicle on a one-way street that
   79  intersects another one-way street on which traffic moves to the
   80  left shall stop in obedience to a steady red signal, but may
   81  then make a left turn into the one-way street, but shall yield
   82  the right-of-way to pedestrians and other traffic proceeding as
   83  directed by the signal at the intersection, except that
   84  municipal and county authorities may prohibit any such left turn
   85  as described, which prohibition shall be effective when a sign
   86  giving notice thereof is attached to the traffic control signal
   87  device at the intersection.
   88         2.a. The driver of a vehicle facing a steady red signal
   89  shall stop before entering the crosswalk and remain stopped to
   90  allow a pedestrian, with a permitted signal, to cross a roadway
   91  when the pedestrian is in the crosswalk or steps into the
   92  crosswalk and is upon the half of the roadway upon which the
   93  vehicle is traveling or when the pedestrian is approaching so
   94  closely from the opposite half of the roadway as to be in
   95  danger.
   96         b. Unless otherwise directed by a pedestrian control signal
   97  as provided in s. 316.0755, pedestrians facing a steady red
   98  signal shall not enter the roadway.
   99         (2) In the event an official traffic control signal is
  100  erected and maintained at a place other than an intersection,
  101  the provisions of this section shall be applicable except as to
  102  those provisions which by their nature can have no application.
  103  Any stop required shall be made at a sign or marking on the
  104  pavement indicating where the stop shall be made, but in the
  105  absence of any such sign or marking the stop shall be made at
  106  the signal.
  107         (3)(a) A No traffic control signal device may not shall be
  108  used unless it exhibits which does not exhibit a yellow or
  109  “caution” light between the green or “go” signal and the red or
  110  “stop” signal. Whenever an engineering analysis is undertaken
  111  for the purpose of evaluating or reevaluating yellow and red
  112  signal display durations of a new or existing traffic control
  113  signal, the department and local authorities shall adhere to the
  114  following:
  115         1. The minimum yellow signal display duration on traffic
  116  control signals shall be based on the posted speed limit plus 10
  117  percent along with the standards set forth in the Institute of
  118  Transportation Engineers Traffic Engineering Handbook, sixth
  119  edition, published in March, 2009. The minimum yellow signal
  120  display duration shall be 3 seconds for traffic control signals
  121  on streets with a posted speed limit of 25 miles per hour or
  122  less. The minimum yellow signal display duration found after the
  123  evaluation or reevaluation under this paragraph shall be raised
  124  to the nearest half second not to exceed 6 seconds.
  125         2. Intersections with a posted speed limit greater than 55
  126  miles per hour shall have, on approach, a sign posted in
  127  accordance with the Department of Transportation’s manual of
  128  uniform traffic control devices to alert drivers to the traffic
  129  control signal.
  130         (b) A No traffic control signal device may not shall
  131  display other than the color red at the top of the vertical
  132  signal, nor may shall it display other than the color red at the
  133  extreme left of the horizontal signal.
  134         (c) To provide additional time before conflicting traffic
  135  movements proceed, the yellow signal display shall be followed
  136  by an all red clearance interval delaying the change of opposing
  137  red light signals. The duration of the clearance interval shall
  138  be determined by engineering practices as provided for in the
  139  Department of Transportation’s manual of uniform traffic control
  140  devices required under s. 316.0745. The duration of a red
  141  clearance interval may be extended from its predetermined value
  142  for a given cycle based upon the detection of a vehicle that is
  143  predicted to violate the red signal indication.
  144         (4) A violation of subsection (1) or subsection (2) this
  145  section is a noncriminal traffic infraction, punishable pursuant
  146  to chapter 318 as either a pedestrian violation or, if the
  147  infraction resulted from the operation of a vehicle, as a moving
  148  violation. However, a citation for a violation of subparagraph
  149  (1)(c)1. committed at an intersection where the traffic signal
  150  device does not meet all requirements under subsection (3) is
  151  unenforceable and the court, clerk of the court, designated
  152  official, or authorized operator of a traffic violations bureau
  153  shall dismiss the citation without penalty or assessment of
  154  points against the license of the person cited. Dismissal of the
  155  citation under this subsection does not affect the validity of
  156  any other citation or charge for a violation of law and the
  157  dismissal may not be used as evidence in any other civil or
  158  criminal proceeding. Intersections with traffic infraction
  159  detectors must meet the requirements in this section by December
  160  31, 2012, or any citations issued at the intersections that do
  161  not meet the requirements in this section shall be dismissed
  162  under this subsection. All other intersections must meet the
  163  requirements in this section by December 31, 2013, or any
  164  citations issued at the intersections that do not meet the
  165  requirements in this section shall be dismissed under this
  166  subsection. One-third of the total number of intersections must
  167  be examined and brought into compliance each year until all
  168  intersections are in compliance.
  169         Section 2. This act shall take effect July 1, 2012.