Florida 2024 2024 Regular Session

Florida House Bill H0317 Analysis / Analysis

Filed 03/06/2024

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
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DATE: 3/6/2024 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: HB 317    Interstate Safety 
SPONSOR(S): Persons-Mulicka, Bell and others 
TIED BILLS:   IDEN./SIM. BILLS: SB 258 
 
 
 
 
FINAL HOUSE FLOOR ACTION: 113 Y’s 
 
3 N’s GOVERNOR’S ACTION: Pending 
 
 
SUMMARY ANALYSIS 
HB 317 passed the House on February 15, 2024, and subsequently passed the Senate on February 22, 2024.  
 
Under Florida law, 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. A violation of 
this law 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 a road, street, or highway with two or more lanes allowing movement in the same 
direction and a posted speed limit of at least 65 miles per hour, a driver may not 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. The 
bill also defines the phrase “furthermost left-hand lane” so as to exclude from that phrase high-occupancy-
vehicle lanes and designated left-hand turn lanes. 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 will have an indeterminate fiscal impact on state and local governments and the private sector. 
 
Subject to the Governor’s veto powers, the effective date of this bill is January 1, 2025.     
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF 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.
1
 
 
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.
4
 
 
A violation of the above laws is a noncriminal traffic infraction, punishable as a moving violation.
5
 The 
statutory base fine is $60,
6
 but with additional fees and surcharges, the total penalty may be up to 
$158.
7
 
 
Effect of the Bill 
 
The bill provides that on a road, street, or highway with two or more lanes allowing movement in the 
same direction and a posted speed limit of at least 65 miles per hour, a driver may not 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 
                                                
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. 
7
 Florida Clerks & Comptrollers, Distribution Schedule of Court-Related Filing Fees, Service Charges, Costs and Fines, Including a Fee 
Schedule for Recording (Effective July 1, 2023), p. 42, 
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddocuments/2023_Distribution_Schedule_e.pdf (last visited 
Mar. 4, 2024).   
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device. This does not apply to authorized emergency vehicles and vehicles engaged in highway 
maintenance or construction operations. 
 
The term “furthermost left-hand lane” means the farthest, most left-hand lane, except that, if such left-
hand lane is a high-occupancy-vehicle lane,
8
 or is a designated left-hand turn lane, the furthermost left-
hand lane is the lane immediately to the right of that high-occupancy-vehicle lane or left-turn lane. 
 
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. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
  
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
Indeterminate. See “Fiscal Comments” section below. 
 
2. Expenditures: 
 
Indeterminate. See “Fiscal Comments” section below.  
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
Indeterminate. See “Fiscal Comments” section below.  
 
2. Expenditures: 
 
Indeterminate. See “Fiscal Comments” section below.  
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
 
The bill will have an indeterminate negative fiscal impact on individuals who are cited for a violation, the 
total penalty for which may be up to $158.  
 
D. FISCAL COMMENTS: 
 
The bill will have an indeterminate negative fiscal impact on the Department of Highway Safety and 
Motor Vehicles (DHSMV), as DHSMV will need to update its driver handbook, driver license test 
question bank, driver improvement course curricula, and the Uniform Traffic Citation manual. 
Additionally, the bill will have an indeterminate negative fiscal impact on the Florida Highway Patrol and 
local law enforcement, as these entities will need to train their members regarding the enforcement of 
provisions of the bill.   
 
The bill may have an indeterminate negative fiscal impact on the Florida Department of Transportation, 
as it may trigger a change of road signage to inform drivers of provisions of the bill. 
 
The bill will have an indeterminate positive fiscal impact on state and local governments to the extent 
that these entities receive revenue from the traffic fines resulting from violations of provisions of the bill. 
 
                                                
8
 Section 316.0741(1)(a), F.S., defines the term “high-occupancy-vehicle lane” or “HOV lane” to mean a lane of a public roadway 
designated for use by vehicles in which there is more than one occupant unless otherwise authorized by federal law.   
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