Florida Stiffens Grade Crossing, Trespassing Penalties

Written by William C. Vantuono, Editor-in-Chief
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HB1301, a law aimed at public safety around railroad tracks, was recently signed into law in Florida. It includes updated penalties for infractions around active railroad tracks.

“Florida’s moving violation fines were low, especially for incidents around railroads,” HB1301’s language states. “In other areas across the country, fine and points values are much higher. To deter people from making dangerous and illegal decisions, HB1301 increases pedestrian fines for violations of F.S. 316.1575 and F.S. 316.1576.

Section 316.1575 (obedience to traffic control devices at railroad highway grade crossings), Florida Statutes, is amended to read:

1. For a first violation, the person must pay a fine of $500 or perform 25 hours of community service and shall have 6 points assessed against his or her driver license as set forth in s. 322.27(3)(d)7. 
2. For a second or subsequent violation, the person must pay a fine of $1,000 and shall have an additional 6 points assessed against his or her driver license as set forth in s. 322.27(3)(d)7. 

Section 316.1576 (insufficient clearance at railroad crossings), Florida Statutes, is amended to read:

(a) For a first violation, the person must pay a fine of $500 or perform 25 hours of community service and shall have 6 points assessed against his or her driver license as set forth in s. 322.27(3)(d)7. 
(b) For a second or subsequent violation, the person must pay a fine of $1,000, shall have an additional 6 points assessed against his or her driver license as set forth in s. 693  322.27(3)(d)7., and, notwithstanding s. 322.27(3)(a), (b), and (c), shall have his or her driving privilege suspended for not more than 6 months. 

“We applaud the Florida Legislature and Governor DeSantis for taking action to keep Floridians safe by passing HB1301,” said the Florida Rail Alliance. “These legislative changes combined with continued education, engineering and enforcement, are meant to encourage people to think twice about engaging in dangerous and risky behavior that can have deadly consequences. Stay safe, and stay off railroad tracks.”

The Florida Rail Alliance includes: Alabama & Gulf Coast Railway (AGR), AN Railway (AN), Bay Line Railroad (BAYL), Brightline, CSX, First Coast Railroad (FCRD), Florida East Coast Railway (FECR), Florida Gulf & Atlantic Railroad, Regional Rail Holding Company properties (Florida Central, Florida Midland, Florida Northern, and Port Manatee Railroads), Seminole Gulf Railway, and the South Florida Regional Transportation Authority (SFRTA).

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