Florida Senate - 2015 CS for CS for SB 908
By the Committees on Criminal Justice; and Transportation; and
Senators Altman and Gibson
1 A bill to be entitled
2 An act relating to traffic safety; amending s.
3 316.003, F.S.; providing definitions; amending s.
4 316.027, F.S.; redefining the term “vulnerable user”;
5 deleting obsolete provisions; amending s. 316.083,
6 F.S.; revising provisions relating to the passing of a
7 vehicle; creating s. 316.0833, F.S.; prohibiting
8 passing and turning in front of a vulnerable user in
9 an unsafe manner; providing penalties; amending s.
10 316.0875, F.S.; revising exceptions to provisions for
11 designated no-passing zones; amending s. 316.1925,
12 F.S.; revising provisions relating to careless
13 driving; creating s. 318.142, F.S.; providing fines
14 and penalties for specified infractions contributing
15 to bodily injury of a vulnerable user; amending s.
16 318.19, F.S.; requiring a hearing for specified
17 offenses; amending s. 322.0261, F.S.; conforming a
18 cross-reference; providing an effective date.
20 Be It Enacted by the Legislature of the State of Florida:
22 Section 1. Subsections (94) and (95) are added to section
23 316.003, Florida Statutes, to read:
24 316.003 Definitions.—The following words and phrases, when
25 used in this chapter, shall have the meanings respectively
26 ascribed to them in this section, except where the context
27 otherwise requires:
28 (94) BODILY INJURY.—
29 (a) A cut, abrasion, bruise, burn, or disfigurement;
30 (b) Physical pain;
31 (c) Illness;
32 (d) Impairment of the function of a bodily member, organ,
33 or mental faculty; or
34 (e) Any other injury to the body, no matter how temporary.
35 (95) VULNERABLE USER OF A PUBLIC ROADWAY OR VULNERABLE
37 (a) A pedestrian, including a person actually engaged in
38 work upon a highway, work upon utility facilities along a
39 highway, or the provision of emergency services within the
41 (b) A person operating, or who is a passenger on, a
42 bicycle, motorcycle, scooter, or moped lawfully on the roadway;
43 (c) A person riding an animal; or
44 (d) A person lawfully operating on a public roadway,
45 crosswalk, or shoulder of the roadway:
46 1. A farm tractor or similar vehicle designed primarily for
47 farm use;
48 2. A horse-drawn carriage;
49 3. An electric personal assistive mobility device; or
50 4. A wheelchair.
51 Section 2. Paragraph (b) of subsection (1) of section
52 316.027, Florida Statutes, is amended to read:
53 316.027 Crash involving death or personal injuries.—
54 (1) As used in this section, the term:
55 (b) “Vulnerable
road user” has the same meaning as in s.
56 316.003 means:
57 1. A pedestrian, including a person actually engaged in
58 work upon a highway, or in work upon utility facilities along a
59 highway, or engaged in the provision of emergency services
60 within the right-of-way;
61 2. A person operating a bicycle, motorcycle, scooter, or
62 moped lawfully on the roadway;
63 3. A person riding an animal; or
64 4. A person lawfully operating on a public right-of-way,
65 crosswalk, or shoulder of the roadway:
66 a. A farm tractor or similar vehicle designed primarily for
67 farm use;
68 b. A skateboard, roller skates, or in-line skates;
69 c. A horse-drawn carriage;
70 d. An electric personal assistive mobility device; or
71 e. A wheelchair.
72 Section 3. Section 316.083, Florida Statutes, is amended to
74 316.083 Overtaking and passing a vehicle.—The following
75 provisions rules shall govern the overtaking and passing of
76 vehicles proceeding in the same direction , subject to those
77 limitations, exceptions, and special rules hereinafter stated:
78 (1) The driver of a vehicle overtaking another vehicle
79 proceeding in the same direction shall give an appropriate
80 signal as provided for in s. 316.156, shall pass to the left
81 thereof at a safe distance, and shall not again drive to the
82 right side of the roadway until safely clear of the overtaken
84 (2) The driver of a motor vehicle overtaking a person
85 operating a bicycle or other vulnerable user of a public roadway
86 nonmotorized vehicle must pass the person operating the bicycle
87 or other vulnerable user nonmotorized vehicle at a safe distance
88 of not less than 3 feet between any part of or attachment to the
89 motor vehicle, any thing extending from the motor vehicle, any
90 trailer or other thing being towed by the motor vehicle and the
91 bicycle, the person operating the bicycle, or other vulnerable
92 user nonmotorized vehicle.
93 (3) (2) Except when overtaking and passing on the right is
94 permitted, the driver of an overtaken vehicle shall give way to
95 the right in favor of the overtaking vehicle, on audible signal
96 or upon the visible blinking of the headlamps of the overtaking
97 vehicle if such overtaking is being attempted at nighttime, and
98 shall not increase the speed of his or her vehicle until
99 completely passed by the overtaking vehicle.
100 (4) (3) A violation of this section is a noncriminal traffic
101 infraction, punishable as a moving violation as provided in
102 chapter 318. If a violation of this section contributed to the
103 bodily injury of a vulnerable user of a public roadway, the law
104 enforcement officer issuing the citation for the violation shall
105 note such information on the citation.
106 Section 4. Section 316.0833, Florida Statutes, is created
107 to read:
108 316.0833 Turning when passing vulnerable user.—
109 (1) A person operating a vehicle who overtakes and passes a
110 vulnerable user of a public roadway proceeding in the same
111 direction may not make a right or left turn at an intersection
112 or into a private road or driveway unless the turn can be made
113 at a safe distance from the vulnerable user with reasonable
114 safety and will not impede the travel of the vulnerable user.
115 (2) A violation of subsection (1) is a noncriminal traffic
116 infraction, punishable as a moving violation as provided in
117 chapter 318. If a violation of subsection (1) contributed to the
118 bodily injury of a vulnerable user of a public roadway, the law
119 enforcement officer issuing the citation for the violation shall
120 note such information on the citation.
121 Section 5. Subsection (3) of section 316.0875, Florida
122 Statutes, is amended to read:
123 316.0875 No-passing zones.—
124 (3) This section does not apply:
125 (a) When an obstruction exists making it necessary to drive
126 to the left of the center of the highway; , nor
127 (b) To the driver of a vehicle turning left into or from an
128 alley, private road, or driveway; or
129 (c) When the driver of a motor vehicle is required to cross
130 pavement striping indicating a no-passing zone when passing a
131 vulnerable user of a public roadway in order to provide at least
132 3 feet between the motor vehicle and the vulnerable user.
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 roadway, the law
147 enforcement officer issuing the citation for the violation shall
148 note such information on the citation.
149 Section 7. Section 318.142, Florida Statutes, is created to
151 318.142 Infractions contributing to bodily injury of a
152 vulnerable user of a public roadway.—In addition to any other
153 penalty imposed for a violation under s. 316.083, s. 316.0833,
154 or s. 316.1925, if the violation contributed to the bodily
155 injury of a vulnerable user of a public roadway as defined in s.
156 316.003, the designated official shall impose a fine of not more
157 than $2,000.
158 Section 8. Section 318.19, Florida Statutes, is amended to
160 318.19 Infractions requiring a mandatory hearing.—Any
161 person cited for the infractions listed in this section shall
162 not have the provisions of s. 318.14(2), (4), and (9) available
163 to him or her but must appear before the designated official at
164 the time and location of the scheduled hearing:
165 (1) Any infraction which results in a crash that causes the
166 death of another;
167 (2) Any infraction which results in a crash that causes
168 “serious bodily injury” of another as defined in s. 316.1933(1);
169 (3) Any infraction of s. 316.172(1)(b);
170 (4) Any infraction of s. 316.520(1) or (2); or
171 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
172 316.189 of exceeding the speed limit by 30 m.p.h. or more; or
173 (6) Any infraction of s. 316.083, s. 316.0833, or s.
174 316.1925 which contributes to bodily injury of a vulnerable user
175 of a public roadway as defined in s. 316.003.
176 Section 9. Subsection (2) of section 322.0261, Florida
177 Statutes, is amended to read:
178 322.0261 Driver improvement course; requirement to maintain
179 driving privileges; failure to complete; department approval of
181 (2) With respect to an operator convicted of, or who
182 pleaded nolo contendere to, a traffic offense giving rise to a
183 crash identified in paragraph (1)(a) or paragraph (1)(b), the
184 department shall require that the operator, in addition to other
185 applicable penalties, attend a department-approved driver
186 improvement course in order to maintain his or her driving
187 privileges. The department shall include in the course
188 curriculum instruction specifically addressing the rights of
189 vulnerable road users as defined in s. 316.003 s. 316.027
190 relative to vehicles on the roadway. If the operator fails to
191 complete the course within 90 days after receiving notice from
192 the department, the operator’s driver license shall be canceled
193 by the department until the course is successfully completed.
194 Section 10. This act shall take effect October 1, 2015.