Florida Senate - 2014                                     SB 478
       By Senator Evers
       2-00654-14                                             2014478__
    1                        A bill to be entitled                      
    2         An act relating to the Move Over Act; amending s.
    3         316.003, F.S.; defining the term “utility service
    4         vehicle”; amending s. 316.126, F.S.; requiring a
    5         driver to move over for a utility service vehicle on
    6         the roadside under certain circumstances; making
    7         technical changes; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (92) is added to section 316.003,
   12  Florida Statutes, to read:
   13         316.003 Definitions.—The following words and phrases, when
   14  used in this chapter, shall have the meanings respectively
   15  ascribed to them in this section, except where the context
   16  otherwise requires:
   17         (92) UTILITY SERVICE VEHICLE.—A motor vehicle that bears an
   18  emblem that is visible from the roadway and clearly identifies
   19  that the vehicle belongs to or is under contract with a person,
   20  entity, cooperative, board, commission, district, or unit of
   21  local government that provides electric, natural gas, water,
   22  wastewater, cable, telephone, or communications services.
   23         Section 2. Section 316.126, Florida Statutes, is amended to
   24  read:
   25         316.126 Operation of vehicles and actions of pedestrians on
   26  approach of an authorized emergency or utility service vehicle.—
   27         (1)(a) Upon the immediate approach of an authorized
   28  emergency vehicle, while en route to meet an existing emergency,
   29  the driver of every other vehicle shall, when such emergency
   30  vehicle is giving audible signals by siren, exhaust whistle, or
   31  other adequate device, or visible signals by the use of
   32  displayed blue or red lights, yield the right-of-way to the
   33  emergency vehicle and shall immediately proceed to a position
   34  parallel to, and as close as reasonable to the closest edge of
   35  the curb of the roadway, clear of any intersection and shall
   36  stop and remain in position until the authorized emergency
   37  vehicle has passed, unless otherwise directed by a any law
   38  enforcement officer.
   39         (b) If When an authorized emergency vehicle displaying
   40  making use of any visual signals is parked on the roadside, a
   41  utility service vehicle is performing a task related to the
   42  provision of utility services on the roadside, or a wrecker
   43  displaying amber rotating or flashing lights is performing a
   44  recovery or loading on the roadside, the driver of every other
   45  vehicle, as soon as it is safe:
   46         1. Shall vacate the lane closest to the emergency vehicle,
   47  utility service vehicle, or wrecker when driving on an
   48  interstate highway or other highway with two or more lanes
   49  traveling in the direction of the emergency vehicle, utility
   50  service vehicle, or wrecker, except when otherwise directed by a
   51  law enforcement officer. If such movement cannot be safely
   52  accomplished, the driver shall reduce speed as provided in
   53  subparagraph 2.
   54         2. Shall slow to a speed that is 20 miles per hour less
   55  than the posted speed limit when the posted speed limit is 25
   56  miles per hour or greater; or travel at 5 miles per hour when
   57  the posted speed limit is 20 miles per hour or less, when
   58  driving on a two-lane road, except when otherwise directed by a
   59  law enforcement officer.
   60         (c) The Department of Highway Safety and Motor Vehicles
   61  shall provide an educational awareness campaign informing the
   62  motoring public about the Move Over Act. The department shall
   63  provide information about the Move Over Act in all newly printed
   64  driver driver’s license educational materials after July 1,
   65  2002.
   67  This section does not relieve the driver of an authorized
   68  emergency vehicle from the duty to drive with due regard for the
   69  safety of all persons using the highway.
   70         (2) Every pedestrian using the road right-of-way shall
   71  yield the right-of-way until the authorized emergency vehicle
   72  has passed, unless otherwise directed by a law enforcement any
   73  police officer.
   74         (3) An Any authorized emergency vehicle, when en route to
   75  meet an existing emergency, shall warn all other vehicular
   76  traffic along the emergency route by an audible signal, siren,
   77  exhaust whistle, or other adequate device or by a visible signal
   78  by the use of displayed blue or red lights. While en route to
   79  such emergency, the emergency vehicle shall otherwise proceed in
   80  a manner consistent with the laws regulating vehicular traffic
   81  upon the highways of this state.
   82         (4) This section does not Nothing herein contained shall
   83  diminish or enlarge any rules of evidence or liability in any
   84  case involving the operation of an emergency vehicle.
   85         (5) This section does shall not operate to relieve the
   86  driver of an authorized emergency vehicle from the duty to drive
   87  with due regard for the safety of all persons using the highway.
   88         (6) A violation of this section is a noncriminal traffic
   89  infraction, punishable pursuant to chapter 318 as either a
   90  moving violation for infractions of subsection (1) or subsection
   91  (3), or as a pedestrian violation for infractions of subsection
   92  (2).
   93         Section 3. This act shall take effect July 1, 2014.