Florida Senate - 2015                       CS for CS for SB 908
       
       
        
       By the Committees on Criminal Justice; and Transportation; and
       Senators Altman and Gibson
       
       
       
       
       591-03618-15                                           2015908c2
    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.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   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
   36  USER.—
   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
   40  right-of-way;
   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
   73  read:
   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
   83  vehicle.
   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
  150  read:
  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
  159  read:
  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
  180  course.—
  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.