This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0317z1.DOCX DATE: 6/24/2024 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: Vetoed 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. The effective date of this bill was January 1, 2025; however, this bill was vetoed by the Governor on June 21, 2024. STORAGE NAME: h0317z1.DOCX PAGE: 2 DATE: 6/24/2024 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). STORAGE NAME: h0317z1.DOCX PAGE: 3 DATE: 6/24/2024 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. STORAGE NAME: h0317z1.DOCX PAGE: 4 DATE: 6/24/2024