Florida Senate - 2015                                     SB 908
       
       
        
       By Senator Altman
       
       
       
       
       
       16-01208-15                                            2015908__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         316.003, F.S.; providing definitions; amending s.
    4         316.083, F.S.; revising provisions relating to the
    5         passing of a vehicle; creating s. 316.0833, F.S.;
    6         prohibiting passing and turning in front of a
    7         vulnerable user in an unsafe manner; providing
    8         penalties; amending s. 316.0875, F.S.; revising
    9         exceptions to provisions for designated no-passing
   10         zones; creating s. 316.1921, F.S.; prohibiting
   11         harassing, taunting, or throwing an object at a person
   12         riding a bicycle; providing criminal penalties;
   13         amending s. 316.1925, F.S.; revising provisions
   14         relating to careless driving; amending s. 316.2065,
   15         F.S.; revising the definition of the term
   16         “substandard-width lane”; creating s. 318.142, F.S.;
   17         providing penalties for specified infractions
   18         contributing to bodily injury of a vulnerable user;
   19         amending s. 318.19, F.S.; requiring a hearing for
   20         specified offenses; amending s. 322.095, F.S.;
   21         requiring traffic law and substance abuse education
   22         courses to include instruction on traffic laws
   23         relating to rights and safety of vulnerable users;
   24         amending s. 322.12, F.S.; requiring driver license
   25         examinations to include a test of the applicant’s
   26         knowledge of traffic laws relating to rights and
   27         safety of vulnerable users; amending s. 1003.48, F.S.;
   28         requiring driver education courses offered by a school
   29         district to include certain instruction; providing
   30         severability; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (94) and (95) are added to section
   35  316.003, Florida Statutes, to read:
   36         316.003 Definitions.—The following words and phrases, when
   37  used in this chapter, shall have the meanings respectively
   38  ascribed to them in this section, except where the context
   39  otherwise requires:
   40         (94) BODILY INJURY.—
   41         (a) A cut, abrasion, bruise, burn, or disfigurement;
   42         (b) Physical pain;
   43         (c) Illness;
   44         (d) Impairment of the function of a bodily member, organ,
   45  or mental faculty; or
   46         (e) Any other injury to the body, no matter how temporary.
   47         (95) VULNERABLE USER OF A PUBLIC RIGHT-OF-WAY OR VULNERABLE
   48  USER.—
   49         (a) A pedestrian, including a person actually engaged in
   50  work upon a highway or roadway, work upon utility facilities
   51  along a highway or roadway, or the provision of emergency
   52  services within the right-of-way;
   53         (b) A person operating, or who is a passenger on, a
   54  bicycle, motorcycle, scooter, or moped lawfully on the roadway;
   55         (c) A person riding an animal; or
   56         (d) A person lawfully operating on a public right-of-way,
   57  crosswalk, or shoulder of the roadway:
   58         1. A farm tractor or similar vehicle designed primarily for
   59  farm use;
   60         2. A skateboard, roller skates, or in-line skates;
   61         3. A horse-drawn carriage;
   62         4. An electric personal assistive mobility device; or
   63         5. A wheelchair.
   64         Section 2. Section 316.083, Florida Statutes, is amended to
   65  read:
   66         316.083 Overtaking and passing a vehicle.—The following
   67  provisions rules shall govern the overtaking and passing of
   68  vehicles proceeding in the same direction, subject to those
   69  limitations, exceptions, and special rules hereinafter stated:
   70         (1) The driver of a vehicle overtaking another vehicle
   71  proceeding in the same direction shall give an appropriate
   72  signal as provided for in s. 316.156, shall pass to the left
   73  thereof at a safe distance, and shall not again drive to the
   74  right side of the roadway until safely clear of the overtaken
   75  vehicle.
   76         (2) The driver of a motor vehicle overtaking a person
   77  operating a bicycle or other vulnerable user of a public right
   78  of-way nonmotorized vehicle must pass the person operating the
   79  bicycle or other vulnerable user nonmotorized vehicle at a safe
   80  distance of not less than 3 feet between any part of or
   81  attachment to the motor vehicle, anything extending from the
   82  motor vehicle, and any trailer or other item being towed by the
   83  motor vehicle and the bicycle, the person operating the bicycle,
   84  or other vulnerable user nonmotorized vehicle.
   85         (3)(2) Except when overtaking and passing on the right is
   86  permitted, the driver of an overtaken vehicle shall give way to
   87  the right in favor of the overtaking vehicle, on audible signal
   88  or upon the visible blinking of the headlamps of the overtaking
   89  vehicle if such overtaking is being attempted at nighttime, and
   90  shall not increase the speed of his or her vehicle until
   91  completely passed by the overtaking vehicle.
   92         (4)(3) A violation of this section is a noncriminal traffic
   93  infraction, punishable as a moving violation as provided in
   94  chapter 318. If a violation of this section contributed to the
   95  bodily injury of a vulnerable user of a public right-of-way, the
   96  law enforcement officer issuing the citation for the violation
   97  shall note such information on the citation.
   98         Section 3. Section 316.0833, Florida Statutes, is created
   99  to read:
  100         316.0833 Right turn when passing vulnerable user.—
  101         (1) A person operating a vehicle who overtakes and passes a
  102  vulnerable user of a public right-of-way proceeding in the same
  103  direction may not make a right turn at an intersection or into a
  104  private road or driveway unless the turn can be made at a safe
  105  distance from the vulnerable user with reasonable safety and
  106  will not impede the travel of the vulnerable user.
  107         (2) A violation of subsection (1) is a noncriminal traffic
  108  infraction, punishable as a moving violation as provided in
  109  chapter 318. If a violation of subsection (1) contributed to the
  110  bodily injury of a vulnerable user of a public right-of-way, the
  111  law enforcement officer issuing the citation for the violation
  112  shall note such information on the citation.
  113         Section 4. Subsection (3) of section 316.0875, Florida
  114  Statutes, is amended to read:
  115         316.0875 No-passing zones.—
  116         (3) This section does not apply:
  117         (a) When an obstruction exists making it necessary to drive
  118  to the left of the center of the highway;, nor
  119         (b) To the driver of a vehicle turning left into or from an
  120  alley, private road, or driveway; or
  121         (c) When the driver of a motor vehicle is required to cross
  122  pavement striping indicating a no-passing zone when passing a
  123  vulnerable user of a public right-of-way in order to provide at
  124  least 3 feet between the motor vehicle and the vulnerable user.
  125         Section 5. Section 316.1921, Florida Statutes, is created
  126  to read:
  127         316.1921 Harassing, taunting, or throwing an object at a
  128  person riding a bicycle.—It is unlawful to harass, taunt, or
  129  maliciously throw an object at or in the direction of a person
  130  riding a bicycle. A person who violates this section commits a
  131  misdemeanor of the first degree, punishable by a fine of at
  132  least $250 or by imprisonment of not more than 30 days, or both.
  133         Section 6. Section 316.1925, Florida Statutes, is amended
  134  to read:
  135         316.1925 Careless driving.—
  136         (1) A Any person operating a vehicle upon the streets or
  137  highways within the state shall drive the same in a careful and
  138  prudent manner, having regard for the width, grade, curves,
  139  corners, traffic, and all other attendant circumstances, so as
  140  not to endanger the life, limb, or property of any person. A
  141  person who fails Failure to drive in such manner commits shall
  142  constitute careless driving and a violation of this section.
  143         (2) Any person who violates this section shall be cited for
  144  a moving violation, punishable as provided in chapter 318.
  145         (2) If a violation under this section contributed to the
  146  bodily injury of a vulnerable user of a public right-of-way, the
  147  law enforcement officer issuing the citation for the violation
  148  shall note such information on the citation.
  149         Section 7. Paragraph (a) of subsection (5) of section
  150  316.2065, Florida Statutes, is amended to read:
  151         316.2065 Bicycle regulations.—
  152         (5)(a) Any person operating a bicycle upon a roadway at
  153  less than the normal speed of traffic at the time and place and
  154  under the conditions then existing shall ride in the lane marked
  155  for bicycle use or, if no lane is marked for bicycle use, as
  156  close as practicable to the right-hand curb or edge of the
  157  roadway except under any of the following situations:
  158         1. When overtaking and passing another bicycle or vehicle
  159  proceeding in the same direction.
  160         2. When preparing for a left turn at an intersection or
  161  into a private road or driveway.
  162         3. When reasonably necessary to avoid any condition or
  163  potential conflict, including, but not limited to, a fixed or
  164  moving object, parked or moving vehicle, bicycle, pedestrian,
  165  animal, surface hazard, turn lane, or substandard-width lane,
  166  which makes it unsafe to continue along the right-hand curb or
  167  edge or within a bicycle lane. For the purposes of this
  168  subsection, a “substandard-width lane” is a lane that is less
  169  than 14 feet wide which is not adjacent to a bicycle lane that
  170  is at least 5 feet wide too narrow for a bicycle and another
  171  vehicle to travel safely side by side within the lane.
  172         Section 8. Section 318.142, Florida Statutes, is created to
  173  read:
  174         318.142 Infractions contributing to bodily injury of a
  175  vulnerable user of a public right-of-way.—
  176         (1)(a) In addition to any other penalty imposed for a
  177  violation under s. 316.083, s. 316.0833, or s. 316.1925, if the
  178  violation contributed to the bodily injury of a vulnerable user
  179  of a public right-of-way as defined in s. 316.003, the
  180  designated official shall impose a fine of not more than $2,000
  181  and the department shall suspend the offender’s driving
  182  privileges for 6 months.
  183         (b) Imposition of the penalties under paragraph (a) shall
  184  be delayed upon the condition that, within 1 year after the date
  185  of sentencing, the offender complete a traffic safety course
  186  approved by the department and perform at least 100 but not more
  187  than 200 hours of community service, which must include
  188  activities related to driver improvement and public education on
  189  traffic safety. The designated official may grant an extension
  190  of the 1-year period for good cause shown.
  191         (2)(a) If the offender successfully completes the
  192  requirements under paragraph (1)(b) within the time allowed, the
  193  penalties under paragraph (1)(a) shall be vacated.
  194         (b) If the offender does not successfully complete the
  195  requirements under paragraph (1)(b) within the time allowed, the
  196  penalties under paragraph (1)(a) shall be imposed.
  197         Section 9. Section 318.19, Florida Statutes, is amended to
  198  read:
  199         318.19 Infractions requiring a mandatory hearing.—Any
  200  person cited for the infractions listed in this section shall
  201  not have the provisions of s. 318.14(2), (4), and (9) available
  202  to him or her but must appear before the designated official at
  203  the time and location of the scheduled hearing:
  204         (1) Any infraction which results in a crash that causes the
  205  death of another;
  206         (2) Any infraction which results in a crash that causes
  207  “serious bodily injury” of another as defined in s. 316.1933(1);
  208         (3) Any infraction of s. 316.172(1)(b);
  209         (4) Any infraction of s. 316.520(1) or (2); or
  210         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  211  316.189 of exceeding the speed limit by 30 m.p.h. or more; or
  212         (6) Any infraction of s. 316.083, s. 316.0833, or s.
  213  316.1925 which contributes to the bodily injury of a vulnerable
  214  user of a public right-of-way as defined in s. 316.003.
  215         Section 10. Paragraph (b) of subsection (2) of section
  216  322.095, Florida Statutes, is amended to read:
  217         322.095 Traffic law and substance abuse education program
  218  for driver license applicants.—
  219         (2) The Department of Highway Safety and Motor Vehicles
  220  must approve traffic law and substance abuse education courses,
  221  including courses that use communications technology as the
  222  delivery method.
  223         (b) Each course provider seeking approval of a traffic law
  224  and substance abuse education course must submit:
  225         1. Proof of ownership, copyright, or written permission
  226  from the course owner to use the course in the state.
  227         2. The curriculum for the courses which must promote
  228  motorcyclist, bicyclist, and pedestrian safety and provide
  229  instruction on traffic laws relating to the rights and safety of
  230  vulnerable users of public rights-of-way as defined in s.
  231  316.003; the physiological and psychological consequences of the
  232  abuse of alcohol and other drugs; the societal and economic
  233  costs of alcohol and drug abuse; the effects of alcohol and drug
  234  abuse on the driver of a motor vehicle; the laws of this state
  235  relating to the operation of a motor vehicle; the risk factors
  236  involved in driver attitude and irresponsible driver behaviors,
  237  such as speeding, reckless driving, and running red lights and
  238  stop signs; and the results of the use of electronic devices
  239  while driving.
  240         Section 11. Subsections (3) and (4) of section 322.12,
  241  Florida Statutes, are amended to read:
  242         322.12 Examination of applicants.—
  243         (3) For an applicant for a Class E driver license, such
  244  examination shall include a test of the applicant’s eyesight
  245  given by the driver license examiner designated by the
  246  department or by a licensed ophthalmologist, optometrist, or
  247  physician and a test of the applicant’s hearing given by a
  248  driver license examiner or a licensed physician. The examination
  249  shall also include a test of the applicant’s ability to read and
  250  understand highway signs regulating, warning, and directing
  251  traffic; his or her knowledge of the traffic laws of this state,
  252  including laws regulating driving under the influence of alcohol
  253  or controlled substances, driving with an unlawful blood-alcohol
  254  level, and driving while intoxicated; and his or her knowledge
  255  of the effects of alcohol and controlled substances upon persons
  256  and the dangers of driving a motor vehicle while under the
  257  influence of alcohol or controlled substances and shall include
  258  an actual demonstration of ability to exercise ordinary and
  259  reasonable control in the operation of a motor vehicle.
  260  Examination under this subsection testing the applicant’s
  261  knowledge of traffic laws must include laws relating to the
  262  rights and safety of vulnerable users of public rights-of-way as
  263  defined in s. 316.003.
  264         (4) The examination for an applicant for a commercial
  265  driver license shall include a test of the applicant’s eyesight
  266  given by a driver license examiner designated by the department
  267  or by a licensed ophthalmologist, optometrist, or physician and
  268  a test of the applicant’s hearing given by a driver license
  269  examiner or a licensed physician. The examination shall also
  270  include a test of the applicant’s ability to read and understand
  271  highway signs regulating, warning, and directing traffic; his or
  272  her knowledge of the traffic laws of this state pertaining to
  273  the class of motor vehicle which he or she is applying to be
  274  licensed to operate, including laws regulating driving under the
  275  influence of alcohol or controlled substances, driving with an
  276  unlawful blood-alcohol level, and driving while intoxicated; his
  277  or her knowledge of the effects of alcohol and controlled
  278  substances and the dangers of driving a motor vehicle after
  279  having consumed alcohol or controlled substances; and his or her
  280  knowledge of any special skills, requirements, or precautions
  281  necessary for the safe operation of the class of vehicle which
  282  he or she is applying to be licensed to operate. In addition,
  283  the examination shall include an actual demonstration of the
  284  applicant’s ability to exercise ordinary and reasonable control
  285  in the safe operation of a motor vehicle or combination of
  286  vehicles of the type covered by the license classification which
  287  the applicant is seeking, including an examination of the
  288  applicant’s ability to perform an inspection of his or her
  289  vehicle.
  290         (a) The portion of the examination which tests an
  291  applicant’s safe driving ability shall be administered by the
  292  department or by an entity authorized by the department to
  293  administer such examination, pursuant to s. 322.56. Such
  294  examination shall be administered at a location approved by the
  295  department.
  296         (b) A person who seeks to retain a hazardous-materials
  297  endorsement must, upon renewal, pass the test for such
  298  endorsement as specified in s. 322.57(1)(e), if the person has
  299  not taken and passed the hazardous-materials test within 2 years
  300  preceding his or her application for a commercial driver license
  301  in this state.
  302         (c) Examination under this subsection testing the
  303  applicant’s knowledge of traffic laws must include laws relating
  304  to the rights and safety of vulnerable users of public rights
  305  of-way as defined in s. 316.003.
  306         Section 12. Subsection (6) is added to section 1003.48,
  307  Florida Statutes, to read:
  308         1003.48 Instruction in operation of motor vehicles.—
  309         (6) In addition to the lawful and safe operation of a motor
  310  vehicle, a course offered under this section shall include
  311  instruction on traffic laws relating to the rights and safety of
  312  vulnerable users of public rights-of-way as defined in s.
  313  316.003.
  314         Section 13. If any provision of this act or its application
  315  to any person or circumstance is held invalid, the invalidity
  316  does not affect other provisions or applications of this act
  317  which can be given effect without the invalid provision or
  318  application, and, to this end, the provisions of this act are
  319  severable.
  320         Section 14. This act shall take effect October 1, 2015.