Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 950
       
       
       
       
       
       
                                Ì297958kÎ297958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Transportation (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (5) through (76) and (77)
    6  through (105) of section 316.003, Florida Statutes, are
    7  redesignated as subsections (6) through (77) and (79) through
    8  (107), respectively, new subsections (5) and (78) are added to
    9  that section, and present subsection (62) of that section is
   10  amended, to read:
   11         316.003 Definitions.—The following words and phrases, when
   12  used in this chapter, shall have the meanings respectively
   13  ascribed to them in this section, except where the context
   14  otherwise requires:
   15         (5)BICYCLE LANE.—Any portion of a roadway or highway which
   16  is designated by pavement markings and signs for preferential or
   17  exclusive use by bicycles.
   18         (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   19  provided in paragraph (86)(b) (84)(b), any privately owned way
   20  or place used for vehicular travel by the owner and those having
   21  express or implied permission from the owner, but not by other
   22  persons.
   23         (78)SEPARATED BICYCLE LANE.—A bicycle lane that is
   24  separated from motor vehicle traffic by a physical barrier.
   25         Section 2. Section 316.083, Florida Statutes, is amended to
   26  read:
   27         316.083 Overtaking and passing a vehicle, a bicycle or
   28  other nonmotorized vehicle, an electric bicycle, or a
   29  pedestrian.—The following rules shall govern the overtaking and
   30  passing of vehicles, bicycles and other nonmotorized vehicles,
   31  electric bicycles, and pedestrians proceeding in the same
   32  direction, subject to those limitations, exceptions, and special
   33  rules hereinafter stated:
   34         (1) The driver of a vehicle overtaking another vehicle
   35  proceeding in the same direction must shall give an appropriate
   36  signal as provided for in s. 316.156, must shall pass to the
   37  left thereof at a safe distance, and must shall not again drive
   38  to the right side of the roadway until safely clear of the
   39  overtaken vehicle.
   40         (2)The driver of a vehicle overtaking a bicycle or other
   41  nonmotorized vehicle, an electric bicycle, or a pedestrian
   42  occupying the same travel lane must pass the bicycle or other
   43  nonmotorized vehicle, electric bicycle, or pedestrian at a safe
   44  distance of not less than 3 feet or, if such movement cannot be
   45  safely accomplished, must remain at a safe distance behind the
   46  bicycle or other nonmotorized vehicle, electric bicycle, or
   47  pedestrian until the driver can safely pass at a distance of not
   48  less than 3 feet and must safely clear the overtaken bicycle or
   49  other nonmotorized vehicle, electric bicycle, or pedestrian.
   50         (3) The driver of a vehicle overtaking a bicycle or other
   51  nonmotorized vehicle, or an electric bicycle, occupying a
   52  bicycle lane must pass the bicycle, other nonmotorized vehicle,
   53  or electric bicycle at a safe distance of not less than 3 feet
   54  between the vehicle and the bicycle, other nonmotorized vehicle,
   55  or electric bicycle.
   56         (4)Subsections (2) and (3) do not apply when a bicycle or
   57  other nonmotorized vehicle, or an electric bicycle, occupies a
   58  separated bicycle lane.
   59         (5)(2) Except when overtaking and passing on the right is
   60  permitted, the driver of an overtaken vehicle must shall give
   61  way to the right in favor of the overtaking vehicle, on audible
   62  signal or upon the visible blinking of the headlamps of the
   63  overtaking vehicle if such overtaking is being attempted at
   64  nighttime, and must shall not increase the speed of his or her
   65  vehicle until completely passed by the overtaking vehicle.
   66         (6)(3) A person who violates violation of this section
   67  commits is a noncriminal traffic infraction, punishable as a
   68  moving violation as provided in chapter 318.
   69         (7)The department must provide an annual awareness and
   70  safety campaign informing the public about the safety
   71  precautions to be taken when overtaking a bicycle or other
   72  nonmotorized vehicle, an electric bicycle, or a pedestrian.
   73         Section 3. Section 316.0875, Florida Statutes, is amended
   74  to read:
   75         316.0875 No-passing zones.—
   76         (1) The Department of Transportation and local authorities
   77  may are authorized to determine those portions of any highway
   78  under their respective jurisdictions jurisdiction where
   79  overtaking and passing or driving to the left of the roadway
   80  would be especially hazardous and may, by appropriate signs or
   81  markings on the roadway, indicate the beginning and end of such
   82  zones., and When such signs or markings are in place and clearly
   83  visible to an ordinarily observant person, a every driver of a
   84  vehicle must shall obey the directions thereof.
   85         (2) Where signs or markings are in place to define a no
   86  passing zone as set forth in subsection (1), a no driver may
   87  not, shall at any time, drive on the left side of the roadway
   88  within with such no-passing zone or on the left side of any
   89  pavement striping designed to mark such no-passing zone
   90  throughout its length.
   91         (3) This section does not apply to a driver who safely and
   92  briefly drives to the left of the center of the roadway only to
   93  the extent necessary to:
   94         (a)Avoid when an obstruction;
   95         (b)Turn exists making it necessary to drive to the left of
   96  the center of the highway, nor to the driver of a vehicle
   97  turning left into or from an alley, a private road, or a
   98  driveway; or
   99         (c)Overtake and pass a bicycle or other nonmotorized
  100  vehicle, an electric bicycle, or a pedestrian pursuant to s.
  101  316.083(2) or (3).
  102         (4) A person who violates violation of this section commits
  103  is a noncriminal traffic infraction, punishable as a moving
  104  violation as provided in chapter 318.
  105         Section 4. Section 316.151, Florida Statutes, is amended to
  106  read:
  107         316.151 Required position and method of turning at
  108  intersections.—
  109         (1)(a)Right turn.The driver of a vehicle intending to
  110  turn right at an intersection onto a highway, public or private
  111  roadway, or driveway must shall do so as follows:
  112         1.(a)Make Right turn.both the approach for a right turn
  113  and a right turn shall be made as close as practicable to the
  114  right-hand curb or edge of the roadway.
  115         2.When overtaking and passing a bicycle proceeding in the
  116  same direction, give an appropriate signal as provided for in s.
  117  316.156 and make the right turn only if the bicycle is at least
  118  20 feet from the intersection.
  119         (b) Left turn.—
  120         1. The driver of a vehicle intending to turn left at an any
  121  intersection onto a highway, public or private roadway, or
  122  driveway must shall approach the intersection in the extreme
  123  left-hand lane lawfully available to traffic moving in the
  124  direction of travel of such vehicle, and must make, after
  125  entering the intersection, the left turn shall be made so as to
  126  leave the intersection in a lane lawfully available to traffic
  127  moving in such direction upon the roadway being entered.
  128         2. A person riding a bicycle and intending to turn left in
  129  accordance with this section is entitled to the full use of the
  130  lane from which the turn may legally be made. The person must:
  131         a. Whenever practicable, make the left turn shall be made
  132  in that portion of the intersection to the left of the center of
  133  the intersection; or.
  134         (c)Left turn by bicycle.—In addition to the method of
  135  making a left turn described in paragraph (b), a person riding a
  136  bicycle and intending to turn left has the option of following
  137  the course described hereafter: The rider shall
  138         b. Approach the turn as close as practicable to the right
  139  curb or edge of the roadway; after proceeding across the
  140  intersecting roadway, make the turn shall be made as close as
  141  practicable to the curb or edge of the roadway on the far side
  142  of the intersection; and, before proceeding, the bicyclist shall
  143  comply with any official traffic control device or police
  144  officer regulating traffic on the highway along which the person
  145  bicyclist intends to proceed.
  146         (2) The state, county, and local authorities in their
  147  respective jurisdictions may cause official traffic control
  148  devices to be placed within or adjacent to intersections and
  149  thereby require and direct that a different course from that
  150  specified in this section be traveled by vehicles turning at an
  151  intersection. When such devices are so placed, a no driver of a
  152  vehicle may not turn a vehicle at an intersection other than as
  153  directed and required by such devices.
  154         (3) A person who violates violation of this section commits
  155  is a noncriminal traffic infraction, punishable as a moving
  156  violation as provided in chapter 318.
  157         Section 5. Subsections (5), (6), and (19) of section
  158  316.2065, Florida Statutes, are amended to read:
  159         316.2065 Bicycle regulations.—
  160         (5)(a) A Any person operating a bicycle upon a roadway at
  161  less than the normal speed of traffic at the time and place and
  162  under the conditions then existing must shall ride in the
  163  bicycle lane marked for bicycle use or, if there is no bicycle
  164  lane on the roadway is marked for bicycle use, as close as
  165  practicable to the right-hand curb or edge of the roadway except
  166  under any of the following situations:
  167         1. When overtaking and passing another bicycle or vehicle
  168  proceeding in the same direction.
  169         2. When preparing for a left turn at an intersection or
  170  into a private road or driveway.
  171         3. When reasonably necessary to avoid any condition or
  172  potential conflict, including, but not limited to, a fixed or
  173  moving object, parked or moving vehicle, bicycle, pedestrian,
  174  animal, surface hazard, turn lane, or substandard-width lane,
  175  which makes it unsafe to continue along the right-hand curb or
  176  edge or within a bicycle lane. On roads that contain a
  177  substandard-width lane, persons operating bicycles must ride
  178  single-file to maintain the minimum 3 feet of space for motor
  179  vehicles to pass persons operating a bicycle as provided in s.
  180  316.083. For the purposes of this subsection, a “substandard
  181  width lane” is a lane that is too narrow for a bicycle and
  182  another vehicle to travel safely side by side within the lane.
  183         (b) A Any person operating a bicycle upon a one-way highway
  184  with two or more marked traffic lanes may ride as near the left
  185  hand curb or edge of such roadway as practicable.
  186         (6)(a) Persons riding bicycles upon a roadway or in a
  187  bicycle lane may not ride more than two abreast except on a
  188  bicycle path paths or parts of roadways set aside for the
  189  exclusive use of bicycles. Persons riding two abreast may not
  190  impede traffic when traveling at less than the normal speed of
  191  traffic at the time and place and under the conditions then
  192  existing and must shall ride within a single lane. Where bicycle
  193  lanes exist, persons riding bicycles may ride two abreast if
  194  both are able to remain within the bicycle lane. If the bicycle
  195  lane is too narrow to allow two persons riding bicycles to ride
  196  two abreast, the persons must ride single-file and within the
  197  bicycle lane. On roads that contain a substandard-width lane as
  198  defined in subparagraph (5)(a)3., persons riding bicycles may
  199  temporarily ride two abreast only to avoid hazards in the
  200  roadway or to overtake another person riding a bicycle.
  201         (b)When stopping at a stop sign, persons riding bicycles
  202  in groups, after coming to a full stop and obeying all traffic
  203  laws, may proceed through the stop sign in a group of 10 or
  204  fewer at a time. Motor vehicle operators must allow each such
  205  group to travel through the intersection before moving forward.
  206         (19) Except as otherwise provided in this section, a person
  207  who violates violation of this section commits is a noncriminal
  208  traffic infraction, punishable as a pedestrian violation as
  209  provided in chapter 318. A law enforcement officer may issue
  210  traffic citations for a violation of subsection (3) or
  211  subsection (15) only if the violation occurs on a bicycle path
  212  or road, as defined in s. 334.03. However, a law enforcement
  213  officer may not issue citations to persons on private property,
  214  except any part thereof which is open to the use of the public
  215  for purposes of vehicular traffic.
  216         Section 6. Subsection (3) of section 322.12, Florida
  217  Statutes, is amended to read:
  218         322.12 Examination of applicants.—
  219         (3) For an applicant for a Class E driver license, such
  220  examination shall include all of the following:
  221         (a) A test of the applicant’s eyesight given by the driver
  222  license examiner designated by the department or by a licensed
  223  ophthalmologist, optometrist, or physician.
  224         (b)and A test of the applicant’s hearing given by a driver
  225  license examiner or a licensed physician.
  226         (c)The examination shall also include A test of the
  227  applicant’s ability to read and understand highway signs
  228  regulating, warning, and directing traffic; his or her knowledge
  229  of the traffic laws of this state, including laws regulating
  230  driving under the influence of alcohol or controlled substances,
  231  driving with an unlawful blood-alcohol level, and driving while
  232  intoxicated; and his or her knowledge of the effects of alcohol
  233  and controlled substances upon persons and the dangers of
  234  driving a motor vehicle while under the influence of alcohol or
  235  controlled substances. At least 25 questions within the bank of
  236  test questions must address bicycle and pedestrian safety.
  237         (d)and shall include An actual demonstration of ability to
  238  exercise ordinary and reasonable control in the operation of a
  239  motor vehicle.
  240         Section 7. Paragraph (c) of subsection (1) of section
  241  212.05, Florida Statutes, is amended to read:
  242         212.05 Sales, storage, use tax.—It is hereby declared to be
  243  the legislative intent that every person is exercising a taxable
  244  privilege who engages in the business of selling tangible
  245  personal property at retail in this state, including the
  246  business of making mail order sales, or who rents or furnishes
  247  any of the things or services taxable under this chapter, or who
  248  stores for use or consumption in this state any item or article
  249  of tangible personal property as defined herein and who leases
  250  or rents such property within the state.
  251         (1) For the exercise of such privilege, a tax is levied on
  252  each taxable transaction or incident, which tax is due and
  253  payable as follows:
  254         (c) At the rate of 6 percent of the gross proceeds derived
  255  from the lease or rental of tangible personal property, as
  256  defined herein; however, the following special provisions apply
  257  to the lease or rental of motor vehicles:
  258         1. When a motor vehicle is leased or rented for a period of
  259  less than 12 months:
  260         a. If the motor vehicle is rented in Florida, the entire
  261  amount of such rental is taxable, even if the vehicle is dropped
  262  off in another state.
  263         b. If the motor vehicle is rented in another state and
  264  dropped off in Florida, the rental is exempt from Florida tax.
  265         2. Except as provided in subparagraph 3., for the lease or
  266  rental of a motor vehicle for a period of not less than 12
  267  months, sales tax is due on the lease or rental payments if the
  268  vehicle is registered in this state; provided, however, that no
  269  tax shall be due if the taxpayer documents use of the motor
  270  vehicle outside this state and tax is being paid on the lease or
  271  rental payments in another state.
  272         3. The tax imposed by this chapter does not apply to the
  273  lease or rental of a commercial motor vehicle as defined in s.
  274  316.003(14)(a) s. 316.003(13)(a) to one lessee or rentee for a
  275  period of not less than 12 months when tax was paid on the
  276  purchase price of such vehicle by the lessor. To the extent tax
  277  was paid with respect to the purchase of such vehicle in another
  278  state, territory of the United States, or the District of
  279  Columbia, the Florida tax payable shall be reduced in accordance
  280  with the provisions of s. 212.06(7). This subparagraph shall
  281  only be available when the lease or rental of such property is
  282  an established business or part of an established business or
  283  the same is incidental or germane to such business.
  284         Section 8. Paragraph (a) of subsection (3) of section
  285  316.306, Florida Statutes, is amended to read:
  286         316.306 School and work zones; prohibition on the use of a
  287  wireless communications device in a handheld manner.—
  288         (3)(a)1. A person may not operate a motor vehicle while
  289  using a wireless communications device in a handheld manner in a
  290  designated school crossing, school zone, or work zone area as
  291  defined in s. 316.003(107) s. 316.003(105). This subparagraph
  292  shall only be applicable to work zone areas if construction
  293  personnel are present or are operating equipment on the road or
  294  immediately adjacent to the work zone area. For the purposes of
  295  this paragraph, a motor vehicle that is stationary is not being
  296  operated and is not subject to the prohibition in this
  297  paragraph.
  298         2.a. During the period from October 1, 2019, through
  299  December 31, 2019, a law enforcement officer may stop motor
  300  vehicles to issue verbal or written warnings to persons who are
  301  in violation of subparagraph 1. for the purposes of informing
  302  and educating such persons of this section. This sub
  303  subparagraph shall stand repealed on October 1, 2020.
  304         b. Effective January 1, 2020, a law enforcement officer may
  305  stop motor vehicles and issue citations to persons who are
  306  driving while using a wireless communications device in a
  307  handheld manner in violation of subparagraph 1.
  308         Section 9. Subsection (1) of section 655.960, Florida
  309  Statutes, is amended to read:
  310         655.960 Definitions; ss. 655.960-655.965.—As used in this
  311  section and ss. 655.961-655.965, unless the context otherwise
  312  requires:
  313         (1) “Access area” means any paved walkway or sidewalk which
  314  is within 50 feet of any automated teller machine. The term does
  315  not include any street or highway open to the use of the public,
  316  as defined in s. 316.003(86)(a) or (b) s. 316.003(84)(a) or (b),
  317  including any adjacent sidewalk, as defined in s. 316.003.
  318         Section 10. This act shall take effect July 1, 2021.
  319  
  320  ================= T I T L E  A M E N D M E N T ================
  321  And the title is amended as follows:
  322         Delete everything before the enacting clause
  323  and insert:
  324                        A bill to be entitled                      
  325         An act relating to bicycle and pedestrian safety;
  326         amending s. 316.003, F.S.; defining the terms “bicycle
  327         lane” and “separated bicycle lane”; amending s.
  328         316.083, F.S.; revising and providing requirements for
  329         the driver of a motor vehicle overtaking a bicycle or
  330         other nonmotorized vehicle, an electric bicycle, or a
  331         pedestrian; providing exceptions; providing a penalty;
  332         requiring the Department of Highway Safety and Motor
  333         Vehicles to provide an annual awareness and safety
  334         campaign regarding certain safety precautions;
  335         amending s. 316.0875, F.S.; exempting a motor vehicle
  336         driver from certain provisions relating to no-passing
  337         zones when overtaking a bicycle or other nonmotorized
  338         vehicle, an electric bicycle, or a pedestrian; making
  339         a technical change; amending s. 316.151, F.S.;
  340         revising requirements for vehicles turning at
  341         intersections; providing turn signaling and distance
  342         requirements for a motor vehicle driver when
  343         overtaking and passing a bicycle; making a technical
  344         change; amending s. 316.2065, F.S.; providing
  345         requirements for persons riding bicycles on a
  346         substandard-width lane; prohibiting persons riding
  347         bicycles in a bicycle lane from riding more than two
  348         abreast; providing requirements for riding in a
  349         bicycle lane; providing requirements for persons
  350         riding bicycles in groups when stopping at a stop
  351         sign; making a technical change; amending s. 322.12,
  352         F.S.; requiring a minimum number of questions in the
  353         test bank for a Class E driver license to address
  354         bicycle and pedestrian safety; amending ss. 212.05,
  355         316.306, and 655.960, F.S.; conforming cross
  356         references; providing an effective date.