Backup Documents 10/07/2014 W BCC
Workshop
Backup Does
October 7 , 2014
COLLIER COUNTY
Board of County Commissioners
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WORKSHOP AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East,3rd Floor
Naples FL 34112
October 7,2014
1:00 P.M.
Tom Henning-BCC Chairman; BCC Commissioner,District 3
Tim Nance-BCC Vice-Chairman; BCC Commissioner District 5
Donna Fiala-BCC Commissioner,District 1;CRAB Chairwoman
Georgia Hiller-BCC Commissioner,District 2
Fred W.Coyle-BCC Commissioner,District 4;CRAB Vice-Chairman
1. Pledge of Allegiance
2. Bicycle Safety
3. Public Comment
4. Adjourn
Notice: All persons wishing to speak must turn in a speaker slip. Each speaker will receive no more than three(3)minutes.
Collier County Ordinance No.2003-53 as amended by Ordinance 2004-05 and 2007-24,requires that all lobbyists shall,before
engaging in any lobbying activities(including but not limited to,addressing the Board of County Commissioners),register with the
Clerk to the Board at the Board Minutes and Records Department.
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Suggested Law Changes (in red)
316.1925. Careless Driving
(1) Any person operating a vehicle upon the streets or highways within the state shall
drive the same in a careful and prudent manner, having regard for the width, grade,
curves, corners, traffic, and all other attendant circumstances, so as not to endanger the
life, limb, or property of any person. Failure to drive in such manner shall constitute
careless driving and a violation of this section.
(a) Any person who violates subsection (1) shall be cited for a moving violation,
punishable as provided in chapter 318.
(2) In addition to any other penalty imposed for an offense committed under this section,
if the offense contributed to the bodily injury of a vulnerable user lawfully in the public
right-of-way, the court shall:
a. Impose a sentence that requires the person convicted of the offense to:
1. Complete a traffic safety course approved by the Florida Department of Highway
Safety and Motor Vehicles;
2. Perform between 100 - 200 hours of community service, which must include activities
related to driver improvement and providing public education on traffic safety;
b. Impose, but suspend on the condition that the person complete the requirements of
paragraph (2)(a) of this section,
1. A fine of not more than $2,000; and
2. A suspension of driving privileges as provided in section 318.14(5) of this title; and
3. Set a hearing date up to 1 year from the date of sentencing. At that hearing, the
court shall:
A. If the person has successfully completed the requirements described in paragraph
(2)(a) of this section, dismiss the penalties imposed under paragraphs (2)(b)(1) and
(2)(b)(2) of this section,
B. If the person has not successfully completed the requirements described in
paragraph (2)(a) of this section, either: I. Grant the person an extension based on good
cause shown, or II. Impose the penalties under paragraphs (2)(b)(1) and (2)(b)(2) of this
section.
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(3) The police officer issuing the citation for an offense under this section shall note on
the citation if the offense contributed to the physical injury of a vulnerable user of the
public right-of-way.
(4) As used herein, "vulnerable user of a public right-of-way" means:
a. A pedestrian, including those persons actually engaged in work upon a highway, or in
work upon utility facilities along a highway, or engaged in the provision of emergency
services within the right-of-way;
b. A person operating a bicycle, motorcycle, scooter, or moped lawfully on the roadway;
c. A person riding an animal; or
d. A person lawfully operating on a public right-of-way, crosswalk, or shoulder of the
highway:
1. A farm tractor or similar vehicle designed primarily for farm use;
2. A skateboard, roller skates, or in-line skates;
3. A horse-drawn carriage;
4. An electric personal assistive mobility device; or
5. A wheelchair.
316.083. Overtaking and Passing a Vehicle
The following rules shall govern the overtaking and passing of vehicles proceeding in
the same direction, subject to those limitations, exceptions, and special rules hereinafter
stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction
shall give an appropriate signal as provided for in s. 316.156, shall pass to the left
thereof at a safe distance, and shall not again drive to the right side of the roadway until
safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or
other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a
safe distance of not less than 3 feet between the vehicle and the bicycle or other
nonmotorized vehicle.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
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(4) If the driver violates this section relating to overtaking a bicycle and is the proximate
cause of a collision with a person riding a bicycle, which causes bodily injury to said
person, the court shall,
a. Impose a sentence that requires the person convicted of the offense to:
1. Complete a traffic safety course approved by the Florida Department of Highway
Safety and Motor Vehicles;
2. Perform between 100 - 200 hours of community service, which must include activities
related to driver improvement and providing public education on traffic safety;
b. Impose, but suspend on the condition that the person complete the requirements of
paragraph (4)(a) of this section,
1. A fine of not more than $2,000; and
2. A suspension of driving privileges as provided in section 318.14(5) of this title; and
3. Set a hearing date up to 1 year from the date of sentencing. At that hearing, the
court shall:
A. If the person has successfully completed the requirements described in paragraph
(4)(a) of this section, dismiss the penalties imposed under paragraphs (4)(b)(1) and
(4)(b)(2) of this section.
B. If the person has not successfully completed the requirements described in
paragraph (4)(a) of this section, either: I. Grant the person an extension based on good
cause shown, or II. Impose the penalties under paragraphs (4)(b)(1) and (4)(b)(2) of this
section.
(5) The police officer issuing the citation for an offense under this section shall note on
the citation if the offense contributed to the bodily injury of the person riding a bicycle.
Define "Vulnerable User" as in Careless Driving statute above.
Vehicular Assault of Bicyclist or Pedestrian.
(1) A person commits the offense of vehicular assault of a bicyclist or pedestrian
(vulnerable user) if:
(a) The person recklessly operates a motor vehicle upon a highway in a manner that
results in contact between the person's motor vehicle and a bicycle operated by a
person, a person operating a bicycle or a pedestrian; and
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(b) The contact causes bodily injury to the person operating a bicycle or the pedestrian.
(2) The term "recklessly" means driving with a willful or wanton disregard for safety.
(3) The offense described in this section is a misdemeanor of the first degree,
punishable as provided in s. 775.082, or s. 775.083.
(4) If the contact causes serious bodily injury to the person operating a bicycle or the
pedestrian, the person commits a felony in the third degree, punishable as provided s.
775.082, s. 775.083, or 775.083.
Right Turns when Passing Bicyclist
(1) No person operating a vehicle who overtakes and passes a person riding a bicycle
and proceeding in the same direction shall make a right turn at any intersection or into
any private road or driveway unless the turn can be made at a safe distance from the
cyclist with reasonable safety and will not impede the travel of the person riding the
bicycle.
(2) Any person who violates subsection (1) shall be cited for a moving violation,
punishable as provided in chapter 318.
(3) In addition to any other penalty imposed for an offense committed under this section,
if the offense contributed to the bodily injury of a person riding a bicycle lawfully in the
public right-of-way, the court shall: (increased penalties).
Harassing or Throwing Object at Person Riding Bicycle
(1) It is unlawful for any person to harass, taunt, or maliciously throw any object at or in
the direction, or intentionally interfere with the movement, of any person riding a bicycle,
or maliciously force or attempt to force any person riding a bicycle off of the roadway.
(2) The offense described in this section is a misdemeanor of the first degree,
punishable as provided in s. 775.082, or s. 775.083.
Bodily Injury
"Bodily injury" means:
1. A cut, abrasion, bruise, burn, or disfigurement;
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2. Physical pain;
3. Illness;
4. Impairment of the function of a bodily member, organ, or mental faculty; or
5. Any other injury to the body, no matter how temporary.
Additional Proposals
Mandate incorporation of three-foot law and other rules involving bicyclists in driver
safety courses and driver license examination;
Increase mandatory insurance coverage for personal injury;
Make clear in law (Section 316.0875) that motorist may cross a double yellow line when
safe in passing bicyclist or other vulnerable user;
Further define term "substandard-width lane" in law (Section 316.2065(5)(a)3).
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