MIAMI — Florida’s railroad industry is applauding one provision of a wide-ranging transportation bill signed last week by Gov. Ron DeSantis that increases penalties for failure to yield or provide sufficient clearance at a grade crossing.
The updated provisions in HB 1301 set penalties of a fine of $500, 25 hours of community service, and six points against the individual’s driver license for a first offense. For a second offense, the penalty is $1,000 and six additional points for a second offense. The penalties apply to drivers and pedestrians.
“We applaud the Florida Legislature and Governor DeSantis for taking action to keep Floridians safe by passing HB1301, which includes updated penalties for infractions around active railroad tracks,” members of the Florida Rail Alliance said in a statement. “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.”
Members of the Alliance include the Alabama & Gulf Coast Railway; AN Railway; Bay Line Railroad; Brightline; CSX Transportation; First Coast Railroad; Florida East Coast Railway;
Florida Gulf & Atlantic Railroad; Regional Rail properties (Florida Central, Florida Midland, Florida Northern, and Port Manatee railroads); Seminole Gulf Railway; and the South Florida Regional Transportation Authority, operator of Tri-Rail.
Grade-crossing incidents have become a major issue in Florida since the launch of Brightline operations, despite safety campaigns by the passenger operator and significant upgrades at grade crossings along its route. A highly publicized incident saw two fatal accidents at the same crossing in Melbourne, Fla., in a three-day period in January; both involved motorists who drove around crossing gates [see “NTSB releases preliminary report …,” Trains News Wire, Feb. 9, 2024] In 2023, according to preliminary Federal Railroad Administration statistics cited by Operation Lifesaver, Florida was fourth in the nation in the number of grade-crossing collisions, but second in fatalities.
The grade-crossing measures are just a small portion of the 39-page bill DeSantis signed the bill in an April 3 ceremony at Florida Polytechnic University in Lakeland, Fla. The website Florida Politics reports the bill makes it easier for the state Department of Transportation to finance major projects; bans state funds to transportation agencies that enact mask mandates; and increases meeting and public-notice requirements when a local government wants to repurpose existing lanes on a road, which DeSantis said was “to prevent localities from agenda-motivated lane reductions to force people out of their cars.”
Having a bill is only the first step. Now comes the information program to spread the word, plus ENFORCEMENT by police at all levels. Has anyone developed a camera system that would photo vehicles moving around gates or stopping/ encroaching on crossing tracks? Then fining them.
There’s already a channel on YouTube that shows “Darwin Candidates” doing exactly that. All that’s needed are additional cameras to capture the license number. And, a SCOTUS ruling allowing the admission of such evidence as sole basis for a conviction. That’s the problem. Getting the camera able to show the face of the driver.
A good start. Basic trespasser penalties for those use railroad ROW as a sidewalk also need to be stiffer.
Remember, you will never fix stupid. I wish other states would also get aggressive with legislation like this.
This IS Florida, after all….
I wish Florida well with this. However, given that the risk of getting killed is apparently not a deterrent, I wonder if this will really work?