Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 622
       
       
       
       
       
       
                                Ì6647702Î664770                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Infrastructure and Security (Brandes)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1) of section
    6  316.075, Florida Statutes, is amended to read:
    7         316.075 Traffic control signal devices.—
    8         (1) Except for automatic warning signal lights installed or
    9  to be installed at railroad crossings, whenever traffic,
   10  including municipal traffic, is controlled by traffic control
   11  signals exhibiting different colored lights, or colored lighted
   12  arrows, successively one at a time or in combination, only the
   13  colors green, red, and yellow shall be used, except for special
   14  pedestrian signals carrying a word legend, and the lights shall
   15  indicate and apply to drivers of vehicles and pedestrians as
   16  follows:
   17         (c) Steady red indication.—
   18         1. Vehicular traffic facing a steady red signal shall stop
   19  before entering the crosswalk on the near side of the
   20  intersection or, if none, then before entering the intersection
   21  and shall remain standing until a green indication is shown;
   22  however:
   23         a. The driver of a vehicle which is stopped at a clearly
   24  marked stop line, but if none, before entering the crosswalk on
   25  the near side of the intersection, or, if none then at the point
   26  nearest the intersecting roadway where the driver has a view of
   27  approaching traffic on the intersecting roadway before entering
   28  the intersection in obedience to a steady red signal may make a
   29  right turn, but shall yield the right-of-way to pedestrians and
   30  other traffic proceeding as directed by the signal at the
   31  intersection, except that municipal and county authorities may
   32  prohibit any such right turn against a steady red signal at any
   33  intersection, which prohibition shall be effective when a sign
   34  giving notice thereof is erected in a location visible to
   35  traffic approaching the intersection. A traffic infraction
   36  detector may not be used to enforce a violation of this sub
   37  subparagraph and the department, a county, or a municipality may
   38  not authorize a traffic infraction enforcement officer under s.
   39  316.640 to issue a traffic citation based on traffic infraction
   40  detector evidence for a violation of this sub-subparagraph.
   41         b. The driver of a vehicle on a one-way street that
   42  intersects another one-way street on which traffic moves to the
   43  left shall stop in obedience to a steady red signal, but may
   44  then make a left turn into the one-way street, but shall yield
   45  the right-of-way to pedestrians and other traffic proceeding as
   46  directed by the signal at the intersection, except that
   47  municipal and county authorities may prohibit any such left turn
   48  as described, which prohibition shall be effective when a sign
   49  giving notice thereof is attached to the traffic control signal
   50  device at the intersection.
   51         2.a. The driver of a vehicle facing a steady red signal
   52  shall stop before entering the crosswalk and remain stopped to
   53  allow a pedestrian, with a permitted signal, to cross a roadway
   54  when the pedestrian is in the crosswalk or steps into the
   55  crosswalk and is upon the half of the roadway upon which the
   56  vehicle is traveling or when the pedestrian is approaching so
   57  closely from the opposite half of the roadway as to be in
   58  danger.
   59         b. Unless otherwise directed by a pedestrian control signal
   60  as provided in s. 316.0755, pedestrians facing a steady red
   61  signal shall not enter the roadway.
   62         Section 2. Paragraph (a) of subsection (2) of section
   63  316.0776, Florida Statutes, is amended to read:
   64         316.0776 Traffic infraction detectors; placement and
   65  installation.—
   66         (2)(a) If the department, county, or municipality installs
   67  a traffic infraction detector at an intersection, the
   68  department, county, or municipality shall notify the public that
   69  a traffic infraction device may be in use at that intersection
   70  and must specifically include notification of camera enforcement
   71  of violations concerning right turns. Such signage used to
   72  notify the public must meet the specifications for uniform
   73  signals and devices adopted by the Department of Transportation
   74  pursuant to s. 316.0745.
   75         Section 3. Paragraph (a) of subsection (1) and subsection
   76  (2) of section 316.0083, Florida Statutes, are amended to read:
   77         316.0083 Mark Wandall Traffic Safety Program;
   78  administration; report.—
   79         (1)(a) For purposes of administering this section, the
   80  department, a county, or a municipality may authorize a traffic
   81  infraction enforcement officer under s. 316.640 to issue a
   82  traffic citation for a violation of s. 316.074(1) or s.
   83  316.075(1)(c)1. A notice of violation and a traffic citation may
   84  not be issued by the traffic infraction enforcement officer for
   85  failure to stop at a red light if the driver is making a right
   86  hand turn, if such violation is based on traffic infraction
   87  detector evidence. A traffic infraction detector may not be used
   88  to enforce any violation for failure to stop at a red light if
   89  the driver is making a right-hand turn in a careful and prudent
   90  manner at an intersection where right-hand turns are
   91  permissible. A notice of violation and a traffic citation may
   92  not be issued under this section if the driver of the vehicle
   93  came to a complete stop after crossing the stop line and before
   94  turning right if permissible at a red light, but failed to stop
   95  before crossing over the stop line or other point at which a
   96  stop is required. This paragraph does not prohibit a review of
   97  information from a traffic infraction detector by an authorized
   98  employee or agent of the department, a county, or a municipality
   99  before issuance of the traffic citation by the traffic
  100  infraction enforcement officer. This paragraph does not prohibit
  101  the department, a county, or a municipality from issuing
  102  notification as provided in paragraph (b) to the registered
  103  owner of the motor vehicle involved in the violation of s.
  104  316.074(1) or s. 316.075(1)(c)1.
  105         (2)A notice of violation and a traffic citation may not be
  106  issued for failure to stop at a red light if the driver is
  107  making a right-hand turn in a careful and prudent manner at an
  108  intersection where right-hand turns are permissible.
  109         Section 4. This act shall take effect July 1, 2022.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Delete everything before the enacting clause
  114  and insert:
  115                        A bill to be entitled                      
  116         An act relating to traffic infraction detectors;
  117         amending s. 316.075, F.S.; prohibiting a traffic
  118         infraction detector from being used to enforce a
  119         violation of a right turn against a steady red signal
  120         at any intersection; prohibiting the department, a
  121         county, or a municipality from authorizing a traffic
  122         infraction enforcement officer to issue a traffic
  123         citation based on traffic infraction detector evidence
  124         for such a violation; amending s. 316.0776, F.S.;
  125         conforming a provision to changes made by the act;
  126         amending s. 316.0083, F.S.; prohibiting a notice of
  127         violation and a traffic citation from being issued by
  128         a traffic infraction enforcement officer for failure
  129         to stop at a red light if the driver is making a
  130         right-hand turn and such violation is based on traffic
  131         infraction detector evidence; prohibiting a traffic
  132         infraction detector from being used to enforce any
  133         violation for failure to stop at a red light if the
  134         driver is making a right-hand turn; conforming a
  135         provision to changes made by the act; providing an
  136         effective date.