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       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.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   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.

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