CS for SB 950                                    First Engrossed
       
       
       
       
       
       
       
       
       2021950e1
       
    1                        A bill to be entitled                      
    2         An act relating to bicycle and pedestrian safety;
    3         amending s. 316.003, F.S.; defining the terms “bicycle
    4         lane” and “separated bicycle lane”; amending s.
    5         316.083, F.S.; revising and providing requirements for
    6         the driver of a motor vehicle overtaking a bicycle or
    7         other nonmotorized vehicle or an electric bicycle;
    8         providing exceptions; providing a penalty; requiring
    9         the Department of Highway Safety and Motor Vehicles to
   10         provide an annual awareness and safety campaign
   11         regarding certain safety precautions; amending s.
   12         316.0875, F.S.; exempting a motor vehicle driver from
   13         certain provisions relating to no-passing zones when
   14         overtaking a bicycle or other nonmotorized vehicle or
   15         an electric bicycle; making a technical change;
   16         amending s. 316.151, F.S.; revising requirements for
   17         vehicles turning at intersections; providing turn
   18         signaling and distance requirements for a motor
   19         vehicle driver when overtaking and passing a bicycle;
   20         making a technical change; amending s. 316.2065, F.S.;
   21         providing requirements for persons riding bicycles on
   22         a substandard-width lane; prohibiting persons riding
   23         bicycles in a bicycle lane from riding more than two
   24         abreast; providing requirements for riding in a
   25         bicycle lane; providing requirements for persons
   26         riding bicycles in groups when stopping at a stop
   27         sign; making a technical change; amending s. 322.12,
   28         F.S.; requiring a minimum number of questions in the
   29         test bank for a Class E driver license to address
   30         bicycle and pedestrian safety; amending ss. 212.05,
   31         316.306, and 655.960, F.S.; conforming cross
   32         references; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Present subsections (5) through (76) and (77)
   37  through (105) of section 316.003, Florida Statutes, are
   38  redesignated as subsections (6) through (77) and (79) through
   39  (107), respectively, new subsections (5) and (78) are added to
   40  that section, and present subsection (62) of that section is
   41  amended, to read:
   42         316.003 Definitions.—The following words and phrases, when
   43  used in this chapter, shall have the meanings respectively
   44  ascribed to them in this section, except where the context
   45  otherwise requires:
   46         (5)BICYCLE LANE.—Any portion of a roadway or highway which
   47  is designated by pavement markings and signs for preferential or
   48  exclusive use by bicycles.
   49         (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   50  provided in paragraph (86)(b) (84)(b), any privately owned way
   51  or place used for vehicular travel by the owner and those having
   52  express or implied permission from the owner, but not by other
   53  persons.
   54         (78)SEPARATED BICYCLE LANE.—A bicycle lane that is
   55  separated from motor vehicle traffic by a physical barrier.
   56         Section 2. Section 316.083, Florida Statutes, is amended to
   57  read:
   58         316.083 Overtaking and passing a vehicle, a bicycle or
   59  other nonmotorized vehicle, or an electric bicycle.—The
   60  following rules shall govern the overtaking and passing of
   61  vehicles, bicycles and other nonmotorized vehicles, and electric
   62  bicycles, proceeding in the same direction, subject to those
   63  limitations, exceptions, and special rules hereinafter stated:
   64         (1) The driver of a vehicle overtaking another vehicle
   65  proceeding in the same direction must shall give an appropriate
   66  signal as provided for in s. 316.156, must shall pass to the
   67  left thereof at a safe distance, and must shall not again drive
   68  to the right side of the roadway until safely clear of the
   69  overtaken vehicle.
   70         (2) The driver of a vehicle overtaking a bicycle or other
   71  nonmotorized vehicle or an electric bicycle occupying the same
   72  travel lane must pass the bicycle or other nonmotorized vehicle
   73  or electric bicycle at a safe distance of not less than 3 feet
   74  or, if such movement cannot be safely accomplished, must remain
   75  at a safe distance behind the bicycle or other nonmotorized
   76  vehicle or electric bicycle until the driver can safely pass at
   77  a distance of not less than 3 feet and must safely clear the
   78  overtaken bicycle or other nonmotorized vehicle or electric
   79  bicycle.
   80         (3) The driver of a vehicle overtaking a bicycle or other
   81  nonmotorized vehicle, or an electric bicycle, occupying a
   82  bicycle lane must pass the bicycle, other nonmotorized vehicle,
   83  or electric bicycle at a safe distance of not less than 3 feet
   84  between the vehicle and the bicycle, other nonmotorized vehicle,
   85  or electric bicycle.
   86         (4) Subsections (2) and (3) do not apply when a bicycle or
   87  other nonmotorized vehicle, or an electric bicycle, occupies a
   88  separated bicycle lane.
   89         (5)(2) Except when overtaking and passing on the right is
   90  permitted, the driver of an overtaken vehicle must shall give
   91  way to the right in favor of the overtaking vehicle, on audible
   92  signal or upon the visible blinking of the headlamps of the
   93  overtaking vehicle if such overtaking is being attempted at
   94  nighttime, and must shall not increase the speed of his or her
   95  vehicle until completely passed by the overtaking vehicle.
   96         (6)(3) A person who violates violation of this section
   97  commits is a noncriminal traffic infraction, punishable as a
   98  moving violation as provided in chapter 318.
   99         (7) The department must provide an annual awareness and
  100  safety campaign informing the public about the safety
  101  precautions to be taken when overtaking a bicycle or other
  102  nonmotorized vehicle or an electric bicycle.
  103         Section 3. Section 316.0875, Florida Statutes, is amended
  104  to read:
  105         316.0875 No-passing zones.—
  106         (1) The Department of Transportation and local authorities
  107  may are authorized to determine those portions of any highway
  108  under their respective jurisdictions jurisdiction where
  109  overtaking and passing or driving to the left of the roadway
  110  would be especially hazardous and may, by appropriate signs or
  111  markings on the roadway, indicate the beginning and end of such
  112  zones., and When such signs or markings are in place and clearly
  113  visible to an ordinarily observant person, a every driver of a
  114  vehicle must shall obey the directions thereof.
  115         (2) Where signs or markings are in place to define a no
  116  passing zone as set forth in subsection (1), a no driver may
  117  not, shall at any time, drive on the left side of the roadway
  118  within with such no-passing zone or on the left side of any
  119  pavement striping designed to mark such no-passing zone
  120  throughout its length.
  121         (3) This section does not apply to a driver who safely and
  122  briefly drives to the left of the center of the roadway only to
  123  the extent necessary to:
  124         (a) Avoid when an obstruction;
  125         (b) Turn exists making it necessary to drive to the left of
  126  the center of the highway, nor to the driver of a vehicle
  127  turning left into or from an alley, a private road, or a
  128  driveway; or
  129         (c) Overtake and pass a bicycle or other nonmotorized
  130  vehicle or an electric bicycle pursuant to s. 316.083(2) or (3).
  131         (4) A person who violates violation of this section commits
  132  is a noncriminal traffic infraction, punishable as a moving
  133  violation as provided in chapter 318.
  134         Section 4. Section 316.151, Florida Statutes, is amended to
  135  read:
  136         316.151 Required position and method of turning at
  137  intersections.—
  138         (1)(a) Right turn.—The driver of a vehicle intending to
  139  turn right at an intersection onto a highway, public or private
  140  roadway, or driveway must shall do so as follows:
  141         1.(a)Make Right turn.both the approach for a right turn
  142  and a right turn shall be made as close as practicable to the
  143  right-hand curb or edge of the roadway.
  144         2. When overtaking and passing a bicycle proceeding in the
  145  same direction, give an appropriate signal as provided for in s.
  146  316.156 and make the right turn only if the bicycle is at least
  147  20 feet from the intersection, and is of such a distance that
  148  the driver of a vehicle may safely turn.
  149         (b) Left turn.—
  150         1. The driver of a vehicle intending to turn left at an any
  151  intersection onto a highway, public or private roadway, or
  152  driveway must shall approach the intersection in the extreme
  153  left-hand lane lawfully available to traffic moving in the
  154  direction of travel of such vehicle, and must make, after
  155  entering the intersection, the left turn shall be made so as to
  156  leave the intersection in a lane lawfully available to traffic
  157  moving in such direction upon the roadway being entered.
  158         2. A person riding a bicycle and intending to turn left in
  159  accordance with this section is entitled to the full use of the
  160  lane from which the turn may legally be made. The person must:
  161         a. Whenever practicable, make the left turn shall be made
  162  in that portion of the intersection to the left of the center of
  163  the intersection; or.
  164         (c) Left turn by bicycle.—In addition to the method of
  165  making a left turn described in paragraph (b), a person riding a
  166  bicycle and intending to turn left has the option of following
  167  the course described hereafter: The rider shall
  168         b. Approach the turn as close as practicable to the right
  169  curb or edge of the roadway; after proceeding across the
  170  intersecting roadway, make the turn shall be made as close as
  171  practicable to the curb or edge of the roadway on the far side
  172  of the intersection; and, before proceeding, the bicyclist shall
  173  comply with any official traffic control device or police
  174  officer regulating traffic on the highway along which the person
  175  bicyclist intends to proceed.
  176         (2) The state, county, and local authorities in their
  177  respective jurisdictions may cause official traffic control
  178  devices to be placed within or adjacent to intersections and
  179  thereby require and direct that a different course from that
  180  specified in this section be traveled by vehicles turning at an
  181  intersection. When such devices are so placed, a no driver of a
  182  vehicle may not turn a vehicle at an intersection other than as
  183  directed and required by such devices.
  184         (3) A person who violates violation of this section commits
  185  is a noncriminal traffic infraction, punishable as a moving
  186  violation as provided in chapter 318.
  187         Section 5. Subsections (5), (6), and (19) of section
  188  316.2065, Florida Statutes, are amended to read:
  189         316.2065 Bicycle regulations.—
  190         (5)(a) A Any person operating a bicycle upon a roadway at
  191  less than the normal speed of traffic at the time and place and
  192  under the conditions then existing must shall ride in the
  193  bicycle lane marked for bicycle use or, if there is no bicycle
  194  lane on the roadway is marked for bicycle use, as close as
  195  practicable to the right-hand curb or edge of the roadway except
  196  under any of the following situations:
  197         1. When overtaking and passing another bicycle or vehicle
  198  proceeding in the same direction.
  199         2. When preparing for a left turn at an intersection or
  200  into a private road or driveway.
  201         3. When reasonably necessary to avoid any condition or
  202  potential conflict, including, but not limited to, a fixed or
  203  moving object, parked or moving vehicle, bicycle, pedestrian,
  204  animal, surface hazard, turn lane, or substandard-width lane,
  205  which makes it unsafe to continue along the right-hand curb or
  206  edge or within a bicycle lane. For the purposes of this
  207  subsection, a “substandard-width lane” is a lane that is too
  208  narrow for a bicycle and another vehicle to travel safely side
  209  by side within the lane.
  210         (b) A Any person operating a bicycle upon a one-way highway
  211  with two or more marked traffic lanes may ride as near the left
  212  hand curb or edge of such roadway as practicable.
  213         (6)(a) Persons riding bicycles upon a roadway or in a
  214  bicycle lane may not ride more than two abreast except on a
  215  bicycle path paths or parts of roadways set aside for the
  216  exclusive use of bicycles. Persons riding two abreast may not
  217  impede traffic when traveling at less than the normal speed of
  218  traffic at the time and place and under the conditions then
  219  existing and must shall ride within a single lane. Where bicycle
  220  lanes exist, persons riding bicycles may ride two abreast if
  221  both are able to remain within the bicycle lane. If the bicycle
  222  lane is too narrow to allow two persons riding bicycles to ride
  223  two abreast, the persons must ride single-file and within the
  224  bicycle lane. On roads that contain a substandard-width lane as
  225  defined in subparagraph (5)(a)3., persons riding bicycles may
  226  temporarily ride two abreast only to avoid hazards in the
  227  roadway or to overtake another person riding a bicycle.
  228         (b) When stopping at a stop sign, persons riding bicycles
  229  in groups, after coming to a full stop and obeying all traffic
  230  laws, may proceed through the stop sign in a group of 10 or
  231  fewer at a time. Motor vehicle operators must allow one such
  232  group to travel through the intersection before moving forward.
  233         (19) Except as otherwise provided in this section, a person
  234  who violates violation of this section commits is a noncriminal
  235  traffic infraction, punishable as a pedestrian violation as
  236  provided in chapter 318. A law enforcement officer may issue
  237  traffic citations for a violation of subsection (3) or
  238  subsection (15) only if the violation occurs on a bicycle path
  239  or road, as defined in s. 334.03. However, a law enforcement
  240  officer may not issue citations to persons on private property,
  241  except any part thereof which is open to the use of the public
  242  for purposes of vehicular traffic.
  243         Section 6. Subsection (3) of section 322.12, Florida
  244  Statutes, is amended to read:
  245         322.12 Examination of applicants.—
  246         (3) For an applicant for a Class E driver license, such
  247  examination shall include all of the following:
  248         (a) A test of the applicant’s eyesight given by the driver
  249  license examiner designated by the department or by a licensed
  250  ophthalmologist, optometrist, or physician.
  251         (b)and A test of the applicant’s hearing given by a driver
  252  license examiner or a licensed physician.
  253         (c)The examination shall also include A test of the
  254  applicant’s ability to read and understand highway signs
  255  regulating, warning, and directing traffic; his or her knowledge
  256  of the traffic laws of this state, including laws regulating
  257  driving under the influence of alcohol or controlled substances,
  258  driving with an unlawful blood-alcohol level, and driving while
  259  intoxicated; and his or her knowledge of the effects of alcohol
  260  and controlled substances upon persons and the dangers of
  261  driving a motor vehicle while under the influence of alcohol or
  262  controlled substances. At least 25 questions within the bank of
  263  test questions must address bicycle and pedestrian safety.
  264         (d)and shall include An actual demonstration of ability to
  265  exercise ordinary and reasonable control in the operation of a
  266  motor vehicle.
  267         Section 7. Paragraph (c) of subsection (1) of section
  268  212.05, Florida Statutes, is amended to read:
  269         212.05 Sales, storage, use tax.—It is hereby declared to be
  270  the legislative intent that every person is exercising a taxable
  271  privilege who engages in the business of selling tangible
  272  personal property at retail in this state, including the
  273  business of making mail order sales, or who rents or furnishes
  274  any of the things or services taxable under this chapter, or who
  275  stores for use or consumption in this state any item or article
  276  of tangible personal property as defined herein and who leases
  277  or rents such property within the state.
  278         (1) For the exercise of such privilege, a tax is levied on
  279  each taxable transaction or incident, which tax is due and
  280  payable as follows:
  281         (c) At the rate of 6 percent of the gross proceeds derived
  282  from the lease or rental of tangible personal property, as
  283  defined herein; however, the following special provisions apply
  284  to the lease or rental of motor vehicles:
  285         1. When a motor vehicle is leased or rented for a period of
  286  less than 12 months:
  287         a. If the motor vehicle is rented in Florida, the entire
  288  amount of such rental is taxable, even if the vehicle is dropped
  289  off in another state.
  290         b. If the motor vehicle is rented in another state and
  291  dropped off in Florida, the rental is exempt from Florida tax.
  292         2. Except as provided in subparagraph 3., for the lease or
  293  rental of a motor vehicle for a period of not less than 12
  294  months, sales tax is due on the lease or rental payments if the
  295  vehicle is registered in this state; provided, however, that no
  296  tax shall be due if the taxpayer documents use of the motor
  297  vehicle outside this state and tax is being paid on the lease or
  298  rental payments in another state.
  299         3. The tax imposed by this chapter does not apply to the
  300  lease or rental of a commercial motor vehicle as defined in s.
  301  316.003(14)(a) s. 316.003(13)(a) to one lessee or rentee for a
  302  period of not less than 12 months when tax was paid on the
  303  purchase price of such vehicle by the lessor. To the extent tax
  304  was paid with respect to the purchase of such vehicle in another
  305  state, territory of the United States, or the District of
  306  Columbia, the Florida tax payable shall be reduced in accordance
  307  with the provisions of s. 212.06(7). This subparagraph shall
  308  only be available when the lease or rental of such property is
  309  an established business or part of an established business or
  310  the same is incidental or germane to such business.
  311         Section 8. Paragraph (a) of subsection (3) of section
  312  316.306, Florida Statutes, is amended to read:
  313         316.306 School and work zones; prohibition on the use of a
  314  wireless communications device in a handheld manner.—
  315         (3)(a)1. A person may not operate a motor vehicle while
  316  using a wireless communications device in a handheld manner in a
  317  designated school crossing, school zone, or work zone area as
  318  defined in s. 316.003(107) s. 316.003(105). This subparagraph
  319  shall only be applicable to work zone areas if construction
  320  personnel are present or are operating equipment on the road or
  321  immediately adjacent to the work zone area. For the purposes of
  322  this paragraph, a motor vehicle that is stationary is not being
  323  operated and is not subject to the prohibition in this
  324  paragraph.
  325         2.a. During the period from October 1, 2019, through
  326  December 31, 2019, a law enforcement officer may stop motor
  327  vehicles to issue verbal or written warnings to persons who are
  328  in violation of subparagraph 1. for the purposes of informing
  329  and educating such persons of this section. This sub
  330  subparagraph shall stand repealed on October 1, 2020.
  331         b. Effective January 1, 2020, a law enforcement officer may
  332  stop motor vehicles and issue citations to persons who are
  333  driving while using a wireless communications device in a
  334  handheld manner in violation of subparagraph 1.
  335         Section 9. Subsection (1) of section 655.960, Florida
  336  Statutes, is amended to read:
  337         655.960 Definitions; ss. 655.960-655.965.—As used in this
  338  section and ss. 655.961-655.965, unless the context otherwise
  339  requires:
  340         (1) “Access area” means any paved walkway or sidewalk which
  341  is within 50 feet of any automated teller machine. The term does
  342  not include any street or highway open to the use of the public,
  343  as defined in s. 316.003(86)(a) or (b) s. 316.003(84)(a) or (b),
  344  including any adjacent sidewalk, as defined in s. 316.003.
  345         Section 10. This act shall take effect July 1, 2021.