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A bill to be entitled

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An act relating to pedestrian safety; amending ss. 316.075

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and 316.130, F.S.; requiring a driver to stop at certain

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intersections to allow a pedestrian to cross a roadway

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when the pedestrian is in the crosswalk or steps into the

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crosswalk; providing penalties; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (c) of subsection (1) of section

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316.075, Florida Statutes, is amended to read:

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     316.075  Traffic control signal devices.--

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     (1)  Except for automatic warning signal lights installed or

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to be installed at railroad crossings, whenever traffic,

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including municipal traffic, is controlled by traffic control

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signals exhibiting different colored lights, or colored lighted

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arrows, successively one at a time or in combination, only the

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colors green, red, and yellow shall be used, except for special

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pedestrian signals carrying a word legend, and the lights shall

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indicate and apply to drivers of vehicles and pedestrians as

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follows:

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     (c)  Steady red indication.--

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     1.  Vehicular traffic facing a steady red signal shall stop

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before entering the crosswalk on the near side of the

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intersection or, if none, then before entering the intersection

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and shall remain standing until a green indication is shown;

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however:

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     a.  The driver of a vehicle which is stopped at a clearly

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marked stop line, but if none, before entering the crosswalk on

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the near side of the intersection, or, if none then at the point

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nearest the intersecting roadway where the driver has a view of

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approaching traffic on the intersecting roadway before entering

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the intersection in obedience to a steady red signal may make a

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right turn, but shall yield the right-of-way to pedestrians and

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other traffic proceeding as directed by the signal at the

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intersection, except that municipal and county authorities may

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prohibit any such right turn against a steady red signal at any

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intersection, which prohibition shall be effective when a sign

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giving notice thereof is erected in a location visible to traffic

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approaching the intersection.

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     b.  The driver of a vehicle on a one-way street that

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intersects another one-way street on which traffic moves to the

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left shall stop in obedience to a steady red signal, but may then

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make a left turn into the one-way street, but shall yield the

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right-of-way to pedestrians and other traffic proceeding as

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directed by the signal at the intersection, except that municipal

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and county authorities may prohibit any such left turn as

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described, which prohibition shall be effective when a sign

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giving notice thereof is attached to the traffic control signal

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device at the intersection.

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     2.a. The driver of a vehicle facing a steady red signal

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shall stop before entering the crosswalk and remain stopped to

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allow a pedestrian, with a permitted signal, to cross a roadway

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when the pedestrian is in the crosswalk or steps into the

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crosswalk and is upon the half of the roadway upon which the

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vehicle is traveling or when the pedestrian is approaching so

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closely from the opposite half of the roadway as to be in danger.

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     b. Unless otherwise directed by a pedestrian control signal

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as provided in s. 316.0755, pedestrians facing a steady red

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signal shall not enter the roadway.

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     (4)  A violation of this section is a noncriminal traffic

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infraction, punishable pursuant to chapter 318 as either a

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pedestrian violation or, if the infraction resulted from the

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operation of a vehicle, as a moving violation.

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     Section 2.  Section 316.130, Florida Statutes, is amended to

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read:

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     316.130 Pedestrians; Pedestrian obedience to traffic

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control devices and traffic regulations.--

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     (1)  A pedestrian shall obey the instructions of any

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official traffic control device specifically applicable to the

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pedestrian unless otherwise directed by a police officer.

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     (2)  Pedestrians shall be subject to traffic control signals

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at intersections as provided in s. 316.075, but at all other

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places pedestrians shall be accorded the privileges and be

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subject to the restrictions stated in this chapter.

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     (3)  Where sidewalks are provided, no pedestrian shall,

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unless required by other circumstances, walk along and upon the

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portion of a roadway paved for vehicular traffic.

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     (4)  Where sidewalks are not provided, any pedestrian

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walking along and upon a highway shall, when practicable, walk

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only on the shoulder on the left side of the roadway in relation

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to the pedestrian's direction of travel, facing traffic which may

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approach from the opposite direction.

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     (5)  No person shall stand in the portion of a roadway paved

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for vehicular traffic for the purpose of soliciting a ride,

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employment, or business from the occupant of any vehicle.

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     (6)  No person shall stand on or in proximity to a street or

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highway for the purpose of soliciting the watching or guarding of

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any vehicle while parked or about to be parked on a street or

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highway.

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     (7)(a) The driver of a vehicle at an intersection that has

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a traffic control signal in place shall stop before entering the

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crosswalk and remain stopped to allow a pedestrian, with a

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permitted signal, to cross a roadway when the pedestrian is in

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the crosswalk or steps into the crosswalk and is upon the half of

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the roadway upon which the vehicle is traveling or when the

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pedestrian is approaching so closely from the opposite half of

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the roadway as to be in danger.

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     (b) The driver of a vehicle at any crosswalk where signage

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so indicates shall stop and remain stopped to allow a pedestrian

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to cross a roadway when the pedestrian is in the crosswalk or

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steps into the crosswalk and is upon the half of the roadway upon

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which the vehicle is traveling or when the pedestrian is

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approaching so closely from the opposite half of the roadway as

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to be in danger.

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     (c) When traffic control signals are not in place or in

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operation and there is no signage indicating otherwise, the

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driver of a vehicle shall yield the right-of-way, slowing down or

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stopping if need be to so yield, to a pedestrian crossing the

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roadway within a crosswalk when the pedestrian is upon the half

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of the roadway upon which the vehicle is traveling or when the

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pedestrian is approaching so closely from the opposite half of

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the roadway as to be in danger. Any pedestrian crossing a roadway

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at a point where a pedestrian tunnel or overhead pedestrian

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crossing has been provided shall yield the right-of-way to all

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vehicles upon the roadway.

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     (8)  No pedestrian shall suddenly leave a curb or other

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place of safety and walk or run into the path of a vehicle which

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is so close that it is impossible for the driver to yield.

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     (9)  Whenever any vehicle is stopped at a marked crosswalk

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or at any unmarked crosswalk at an intersection to permit a

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pedestrian to cross the roadway, the driver of any other vehicle

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approaching from the rear shall not overtake and pass such

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stopped vehicle.

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     (10)  Every pedestrian crossing a roadway at any point other

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than within a marked crosswalk or within an unmarked crosswalk at

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an intersection shall yield the right-of-way to all vehicles upon

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the roadway.

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     (11)  Between adjacent intersections at which traffic

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control signals are in operation, pedestrians shall not cross at

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any place except in a marked crosswalk.

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     (12)  No pedestrian shall, except in a marked crosswalk,

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cross a roadway at any other place than by a route at right

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angles to the curb or by the shortest route to the opposite curb.

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     (13)  Pedestrians shall move, whenever practicable, upon the

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right half of crosswalks.

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     (14)  No pedestrian shall cross a roadway intersection

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diagonally unless authorized by official traffic control devices,

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and, when authorized to cross diagonally, pedestrians shall cross

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only in accordance with the official traffic control devices

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pertaining to such crossing movements.

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     (15)  Notwithstanding other provisions of this chapter,

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every driver of a vehicle shall exercise due care to avoid

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colliding with any pedestrian or any person propelling a human-

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powered vehicle and give warning when necessary and exercise

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proper precaution upon observing any child or any obviously

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confused or incapacitated person.

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     (16)  No pedestrian shall enter or remain upon any bridge or

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approach thereto beyond the bridge signal, gate, or barrier after

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a bridge operation signal indication has been given. No

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pedestrian shall pass through, around, over, or under any

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crossing gate or barrier at a railroad grade crossing or bridge

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while such gate or barrier is closed or is being opened or

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closed.

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     (17)  No pedestrian may jump or dive from a publicly owned

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bridge. Nothing in this provision requires the state or any

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political subdivision of the state to post signs notifying the

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public of this provision.  The failure to post a sign may not be

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construed by any court to create liability on the part of the

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state or any of its political subdivisions for injuries sustained

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as a result of jumping or diving from a bridge in violation of

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this subsection.

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     (18)  No pedestrian shall walk upon a limited access

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facility or a ramp connecting a limited access facility to any

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other street or highway; however, this subsection does not apply

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to maintenance personnel of any governmental subdivision.

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     (19)  A violation of this section is a noncriminal traffic

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infraction, punishable pursuant to chapter 318 as either a

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pedestrian violation or, if the infraction resulted from the

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operation of a vehicle, as a moving violation.

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     Section 3.  This act shall take effect July 1, 2008.