This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0421.TMS
DATE: 3/13/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 421 Driving in the Furthermost Left-hand Lane of a Roadway
SPONSOR(S): Persons-Mulicka
TIED BILLS: IDEN./SIM. BILLS: SB 464
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee Johnson Hinshelwood
2) Infrastructure Strategies Committee
SUMMARY ANALYSIS
Under Florida law, on any road, street, or highway having two or more lanes going the same direction, a driver
may not continue to operate a motor vehicle in the furthermost left-hand lane if he or she knows or reasonably
should know that he or she is being overtaken in that lane from the rear by a motor vehicle traveling at a higher
speed. This does not apply to drivers operating a vehicle that is overtaking another vehicle proceeding in the
same direction, or is preparing for a left turn at an intersection. A violation is a noncriminal traffic infraction,
punishable as a moving violation. The statutory base fine is $60, but with additional fees and surcharges, the
total penalty may be up to $158.
The bill provides that on any road, street, or highway having two or more lanes allowing movement in the same
direction with a posted speed limit of at least 65 miles per hour, a driver may not continuously operate a motor
vehicle in the furthermost left-hand lane, except when overtaking and passing another vehicle, when preparing
to exit the road, street, or highway, or when otherwise directed by an official traffic control device. This
provision does not apply to authorized emergency vehicles and vehicles engaged in highway maintenance or
construction operations. A violation is a noncriminal traffic infraction, punishable as a moving violation. The
statutory base fine is $60, but with additional fees and surcharges, the total penalty may be up to $158.
The bill has an indeterminate fiscal impact on the state and the private sector.
The bill has an effective date of January 1, 2024.
STORAGE NAME: h0421.TMS PAGE: 2
DATE: 3/13/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Under Florida law, a vehicle must be driven upon the right half of the roadway, except:
When overtaking and passing another vehicle proceeding in the same direction under the rules
governing such movement;
When an obstruction exists making it necessary to drive to the left of the center of the highway,
provided any person so doing yields the right-of-way to all vehicles traveling in the proper
direction upon the unobstructed portion of the highway within such distance as to constitute an
immediate hazard;
Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
Upon a roadway designated and signposted for one-way traffic.
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Upon all roadways, any vehicle proceeding at less than the normal speed of traffic must be driven in
the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of
the roadway except when overtaking and passing another vehicle proceeding in the same direction or
when preparing for a left turn.
2
On a road, street, or highway having two or more lanes allowing movement in the same direction, a
driver may not continue to operate a motor vehicle in the furthermost left-hand lane if the driver knows
or reasonably should know that he or she is being overtaken in that lane from the rear by a motor
vehicle traveling at a higher rate of speed. This does not apply to drivers operating a vehicle that is
overtaking another vehicle proceeding in the same direction, or is preparing for a left turn at an
intersection.
3
Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of
traffic, a vehicle may not be driven to the left of the centerline of the roadway, except when authorized
by official traffic control devices designating certain lanes to the left side of the center of the roadway
for use by traffic not otherwise permitted to use such lanes, or except as permitted to drive around an
obstruction. However, this may not be construed as prohibiting the crossing of the centerline in making
a left turn.
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A violation of the above laws is a noncriminal traffic infraction, punishable as a moving violation.
5
The
statutory base fine is $60,
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but with additional fees and surcharges, the total penalty may be up to
$158.
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Effect of the Bill
The bill provides that on any road, street, or highway having two or more lanes allowing movement in
the same direction with a posted speed limit of at least 65 miles per hour, a driver may not continuously
operate a motor vehicle in the furthermost left-hand lane, except when overtaking and passing another
vehicle, when preparing to exit the road, street, or highway, or when otherwise directed by an official
traffic control device. This does not apply to authorized emergency vehicles and vehicles engaged in
highway maintenance or construction operations.
1
S. 316.081(1), F.S.
2
S. 316.081(2), F.S.
3
S. 316.081(3), F.S.
4
S. 316.081(4), F.S.
5
S. 316.081(5), F.S.
6
S. 318.18(3)(a), F.S.
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Florida Association of Clerk of Courts, 2022 Distribution Schedule of Court-Related Filing Fees, Service Charges, Costs and Fines, p.
42. https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/2022/22bull098_attach_2_2022_dist.pdf (last visited Mar. 8,
2023). STORAGE NAME: h0421.TMS PAGE: 3
DATE: 3/13/2023
A violation is a noncriminal traffic infraction, punishable as a moving violation. The statutory base fine is
$60, but with additional fees and surcharges, the total penalty may be up to $158.
The bill has an effective date of January 1, 2024.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.081, F.S., relating to driving on the right side of roadway; exceptions.
Section 2 Provides an effective date of January 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Indeterminate. See “Fiscal Comments” section below.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate.
D. FISCAL COMMENTS:
The Department of Highway Safety and Motor Vehicles (DHSMV) will need to update its driver
handbook, driver license test question bank, driver improvement course curricula, and the Uniform
Traffic Citation Manual to reflect the change in the law. DHSMV will also need to train Florida Highway
Patrol members on this change.
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III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
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Department of Highway Safety and Motor Vehicles, Agency Analysis of 2023 House Bill 421, p. 2-3. (Mar. 6, 2023) STORAGE NAME: h0421.TMS PAGE: 4
DATE: 3/13/2023
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to DHSMV, as used in the bill, the word “continuously” appears to be vague and may be
open to challenges as to what distance or time period constitutes continuous operation especially
before a driver who has passed another vehicle would be deemed to have gone safely far enough past
to be in violation. Additionally, the bill does not appear to consider high-occupancy-vehicle (HOV) lanes,
which are often the furthermost left-hand lane. While s. 316.081(3),F.S., allows such travel, the bill
appears to conflict with that provision and would likely confuse drivers where HOV lanes, or other
specialty lanes exist.
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IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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Id. at 4.