CS/HB 149

1	A bill to be entitled
2	An act relating to traffic control signals; amending s.
3	316.075, F.S.; requiring traffic control signals to
4	maintain certain signal intervals and display durations
5	based on approach speeds; providing that a citation for
6	specified violations shall be dismissed if the traffic
7	control signal does not meet specified requirements;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 316.075, Florida Statutes, is amended
13	to read:
14	316.075  Traffic control signal devices.-
15	(1)  Except for automatic warning signal lights installed
16	or to be installed at railroad crossings, whenever traffic,
17	including municipal traffic, is controlled by traffic control
18	signals exhibiting different colored lights, or colored lighted
19	arrows, successively one at a time or in combination, only the
20	colors green, red, and yellow shall be used, except for special
21	pedestrian signals carrying a word legend, and the lights shall
22	indicate and apply to drivers of vehicles and pedestrians as
23	follows:
24	(a)  Green indication.-
25	1.  Vehicular traffic facing a circular green signal may
26	proceed cautiously straight through or turn right or left unless
27	a sign at such place prohibits either such turn. But vehicular
28	traffic, including vehicles turning right or left, shall yield
29	the right-of-way to other vehicles and to pedestrians lawfully
30	within the intersection or an adjacent crosswalk at the time
31	such signal is exhibited.
32	2.  Vehicular traffic facing a green arrow signal, shown
33	alone or in combination with another indication, as directed by
34	the manual, may cautiously enter the intersection only to make
35	the movement indicated by such arrow, or such other movement as
36	is permitted by other indications shown at the same time, except
37	the driver of any vehicle may U-turn, so as to proceed in the
38	opposite direction unless such movement is prohibited by posted
39	traffic control signs. Such vehicular traffic shall yield the
40	right-of-way to pedestrians lawfully within an adjacent
41	crosswalk and to other traffic lawfully using the intersection.
42	3.  Unless otherwise directed by a pedestrian control
43	signal as provided in s. 316.0755, pedestrians facing any green
44	signal, except when the sole green signal is a turn arrow, may
45	proceed across the roadway within any marked or unmarked
46	crosswalk.
47	(b)  Steady yellow indication.-
48	1.  Vehicular traffic facing a steady yellow signal is
49	thereby warned that the related green movement is being
50	terminated or that a red indication will be exhibited
51	immediately thereafter when vehicular traffic shall not enter
52	the intersection.
53	2.  Pedestrians facing a steady yellow signal, unless
54	otherwise directed by a pedestrian control signal as provided in
55	s. 316.0755, are thereby advised that there is insufficient time
56	to cross the roadway before a red indication is shown and no
57	pedestrian shall start to cross the roadway.
58	(c)  Steady red indication.-
59	1.  Vehicular traffic facing a steady red signal shall stop
60	before entering the crosswalk on the near side of the
61	intersection or, if none, then before entering the intersection
62	and shall remain standing until a green indication is shown;
63	however:
64	a.  The driver of a vehicle which is stopped at a clearly
65	marked stop line, but if none, before entering the crosswalk on
66	the near side of the intersection, or, if none then at the point
67	nearest the intersecting roadway where the driver has a view of
68	approaching traffic on the intersecting roadway before entering
69	the intersection in obedience to a steady red signal may make a
70	right turn, but shall yield the right-of-way to pedestrians and
71	other traffic proceeding as directed by the signal at the
72	intersection, except that municipal and county authorities may
73	prohibit any such right turn against a steady red signal at any
74	intersection, which prohibition shall be effective when a sign
75	giving notice thereof is erected in a location visible to
76	traffic approaching the intersection.
77	b.  The driver of a vehicle on a one-way street that
78	intersects another one-way street on which traffic moves to the
79	left shall stop in obedience to a steady red signal, but may
80	then make a left turn into the one-way street, but shall yield
81	the right-of-way to pedestrians and other traffic proceeding as
82	directed by the signal at the intersection, except that
83	municipal and county authorities may prohibit any such left turn
84	as described, which prohibition shall be effective when a sign
85	giving notice thereof is attached to the traffic control signal
86	device at the intersection.
87	2.a.  The driver of a vehicle facing a steady red signal
88	shall stop before entering the crosswalk and remain stopped to
89	allow a pedestrian, with a permitted signal, to cross a roadway
90	when the pedestrian is in the crosswalk or steps into the
91	crosswalk and is upon the half of the roadway upon which the
92	vehicle is traveling or when the pedestrian is approaching so
93	closely from the opposite half of the roadway as to be in
94	danger.
95	b.  Unless otherwise directed by a pedestrian control
96	signal as provided in s. 316.0755, pedestrians facing a steady
97	red signal shall not enter the roadway.
98	(2)  In the event an official traffic control signal is
99	erected and maintained at a place other than an intersection,
100	the provisions of this section shall be applicable except as to
101	those provisions which by their nature can have no application.
102	Any stop required shall be made at a sign or marking on the
103	pavement indicating where the stop shall be made, but in the
104	absence of any such sign or marking the stop shall be made at
105	the signal.
106	(3)(a)  A No traffic control signal device may not shall be
107	used unless it exhibits which does not exhibit a yellow or
108	"caution" light between the green or "go" signal and the red or
109	"stop" signal. Whenever an engineering analysis is undertaken
110	for the purpose of evaluating or reevaluating yellow and red
111	signal display durations of a new or existing traffic control
112	signal, the department and local authorities shall adhere to the
113	following:
114	1.  The minimum yellow signal display duration on traffic
115	control signals shall be based on the speed limit or the actual
116	85th percentile approach speed, whichever is greater. The 85th
117	percentile approach speed is the speed at or below which 85
118	percent of free-flowing traffic is traveling. The minimum yellow
119	signal display duration shall be 3 seconds for traffic control
120	signals on streets with a speed limit or actual 85th percentile
121	approach speed of 25 miles per hour or less. The minimum yellow
122	signal display duration shall be increased one-half second for
123	each increase of 5 miles per hour in the speed limit or actual
124	85th percentile approach speed, whichever is greater, above 25
125	miles per hour, not to exceed 6 seconds.
126	2.  Intersections with a speed limit or actual 85th
127	percentile approach speeds greater than 55 miles per hour shall
128	have, on approach, a sign posted in accordance with the
129	Department of Transportation's manual of uniform traffic control
130	devices to alert drivers to the traffic control signal.
131	(b)  No traffic control signal device shall display other
132	than the color red at the top of the vertical signal, nor shall
133	it display other than the color red at the extreme left of the
134	horizontal signal.
135	(c)  To provide additional time before conflicting traffic
136	movements proceed, the yellow signal display shall be followed
137	by an all red clearance interval delaying the change of opposing
138	red light signals. The duration of the clearance interval shall
139	be determined by engineering practices as provided for in the
140	Department of Transportation's manual of uniform traffic control
141	devices required under s. 316.0745. The duration of a red
142	clearance interval may be extended from its predetermined value
143	for a given cycle based upon the detection of a vehicle that is
144	predicted to violate the red signal indication.
145	(4)  A violation of subsection (1) or subsection (2) this
146	section is a noncriminal traffic infraction, punishable pursuant
147	to chapter 318 as either a pedestrian violation or, if the
148	infraction resulted from the operation of a vehicle, as a moving
149	violation. However, a citation for a violation of subparagraph
150	(1)(c)1. committed at an intersection where the traffic signal
151	device does not meet all requirements under subsection (3) is
152	unenforceable and the court, clerk of the court, designated
153	official, or authorized operator of a traffic violations bureau
154	shall dismiss the citation without penalty or assessment of
155	points against the license of the person cited. Dismissal of the
156	citation under this subsection does not affect the validity of
157	any other citation or charge for a violation of law and the
158	dismissal may not be used as evidence in any other civil or
159	criminal proceeding.
160	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.