Bill Text: FL S2582 | 2010 | Regular Session | Introduced

Bill Title: Traffic Regulations To Assist Blind Persons [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S2582 Detail]

Download: Florida-2010-S2582-Introduced.html
Florida Senate - 2010                                    SB 2582 
By Senator Siplin 
19-01737-10                                           20102582__ 
1                        A bill to be entitled 
2         An act relating to traffic regulations to assist blind 
3         persons; amending s. 316.1301, F.S.; increasing the 
4         penalty imposed against an unauthorized person who 
5         carries a raised white cane on a public roadway; 
6         amending s. 318.18, F.S.; increasing the penalty 
7         imposed for failing to stop and yield to a blind 
8         person attempting to cross a roadway; reenacting s. 
9         318.21(4), F.S., relating to the disposition of civil 
10         penalties, to incorporate the amendment made by this 
11         act to s. 318.18, F.S., in a reference thereto; 
12         providing an effective date. 
14  Be It Enacted by the Legislature of the State of Florida: 
16         Section 1. Section 316.1301, Florida Statutes, is amended 
17  to read: 
18         316.1301 Traffic regulations to assist blind persons.— 
19         (1) It is unlawful for any person, unless totally or 
20  partially blind or otherwise incapacitated, while on any public 
21  street or highway, to carry in a raised or extended position a 
22  cane or walking stick which is white in color or white tipped 
23  with red. A person who is convicted of a violation of this 
24  subsection is guilty of a misdemeanor of the first second 
25  degree, punishable as provided in s. 775.082 or s. 775.083. 
26         (2) Whenever a pedestrian is crossing, or attempting to 
27  cross, a public street or highway, guided by a dog guide or 
28  carrying in a raised or extended position a cane or walking 
29  stick which is white in color or white tipped with red, the 
30  driver of every vehicle approaching the intersection or place 
31  where the pedestrian is attempting to cross shall bring his or 
32  her vehicle to a full stop before arriving at such intersection 
33  or place of crossing and, before proceeding, shall take such 
34  precautions as may be necessary to avoid injuring such 
35  pedestrian. A person who is convicted of a violation of this 
36  subsection is guilty of a moving violation punishable as 
37  provided in chapter 318. 
38         (3) Nothing contained in this section shall be construed to 
39  deprive any totally or partially blind or otherwise 
40  incapacitated person not carrying such a cane or walking stick, 
41  or not being guided by a dog, of the rights and privileges 
42  conferred by law upon pedestrians crossing streets or highways. 
43  The failure of any such person to carry a cane or walking stick 
44  or to be guided by a dog shall not be considered comparative 
45  negligence, nor shall such failure be admissible as evidence in 
46  the trial of any civil action with regard to negligence. 
47         Section 2. Paragraph (f) of subsection (3) of section 
48  318.18, Florida Statutes, is amended to read: 
49         318.18 Amount of penalties.—The penalties required for a 
50  noncriminal disposition pursuant to s. 318.14 or a criminal 
51  offense listed in s. 318.17 are as follows: 
52         (3) 
53         (f) A person who is cited for a violation of s. 316.1301(2) 
54  shall pay a fine double the amount listed in paragraph (a). If a 
55  violation of s. 316.1301 or s. 316.1303 results in an injury to 
56  the pedestrian or damage to the property of the pedestrian, an 
57  additional fine of up to $250 shall be paid. This amount must be 
58  distributed pursuant to s. 318.21. 
59         Section 3. For the purpose of incorporating the amendment 
60  made by this act to section 318.18, Florida Statutes, in a 
61  reference thereto, subsection (4) of section 318.21, Florida 
62  Statutes, is reenacted to read: 
63         318.21 Disposition of civil penalties by county courts.—All 
64  civil penalties received by a county court pursuant to the 
65  provisions of this chapter shall be distributed and paid monthly 
66  as follows: 
67         (4) Of the additional fine assessed under s. 318.18(3)(f) 
68  for a violation of s. 316.1301, 40 percent must be remitted to 
69  the Department of Revenue for deposit in the Grants and 
70  Donations Trust Fund of the Division of Blind Services of the 
71  Department of Education, and 60 percent must be distributed 
72  pursuant to subsections (1) and (2). 
73         Section 4. This act shall take effect July 1, 2010.