Bill Amendment: FL S1394 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Highway Safety and Motor Vehicles
Status: 2016-03-11 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 231 (Ch. 2016-77), HB 7027 (Ch. 2016-181), CS/CS/HB 7061 (Ch. 2016-239) [S1394 Detail]
Download: Florida-2016-S1394-Senate_Floor_Amendment_822546.html
Bill Title: Department of Highway Safety and Motor Vehicles
Status: 2016-03-11 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 231 (Ch. 2016-77), HB 7027 (Ch. 2016-181), CS/CS/HB 7061 (Ch. 2016-239) [S1394 Detail]
Download: Florida-2016-S1394-Senate_Floor_Amendment_822546.html
Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS/CS/SB 1394, 1st Eng.
Ì8225463Î822546
LEGISLATIVE ACTION
Senate . House
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Senator Richter moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 149 - 171
4 and insert:
5 Section 1. Section 316.003, Florida Statutes, is reordered
6 and amended to read:
7 316.003 Definitions.—The following words and phrases, when
8 used in this chapter, shall have the meanings respectively
9 ascribed to them in this section, except where the context
10 otherwise requires:
11 (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
12 department (fire patrol), police vehicles, and such ambulances
13 and emergency vehicles of municipal departments, public service
14 corporations operated by private corporations, the Fish and
15 Wildlife Conservation Commission, the Department of
16 Environmental Protection, the Department of Health, the
17 Department of Transportation, and the Department of Corrections
18 as are designated or authorized by their respective department
19 or the chief of police of an incorporated city or any sheriff of
20 any of the various counties.
21 (3)(2) BICYCLE.—Every vehicle propelled solely by human
22 power, and every motorized bicycle propelled by a combination of
23 human power and an electric helper motor capable of propelling
24 the vehicle at a speed of not more than 20 miles per hour on
25 level ground upon which any person may ride, having two tandem
26 wheels, and including any device generally recognized as a
27 bicycle though equipped with two front or two rear wheels. The
28 term does not include such a vehicle with a seat height of no
29 more than 25 inches from the ground when the seat is adjusted to
30 its highest position or a scooter or similar device. No person
31 under the age of 16 may operate or ride upon a motorized
32 bicycle.
33 (7)(3) BUS.—Any motor vehicle designed for carrying more
34 than 10 passengers and used for the transportation of persons
35 and any motor vehicle, other than a taxicab, designed and used
36 for the transportation of persons for compensation.
37 (4) BICYCLE LANE.—A portion of a roadway or highway that
38 has been designated by pavement markings and signs for the
39 preferential or exclusive use by bicycles.
40 (8)(4) BUSINESS DISTRICT.—The territory contiguous to, and
41 including, a highway when 50 percent or more of the frontage
42 thereon, for a distance of 300 feet or more, is occupied by
43 buildings in use for business.
44 (9)(5) CANCELLATION.—Cancellation means that a license
45 which was issued through error or fraud is declared void and
46 terminated. A new license may be obtained only as permitted in
47 this chapter.
48 (14)(6) CROSSWALK.—
49 (a) That part of a roadway at an intersection included
50 within the connections of the lateral lines of the sidewalks on
51 opposite sides of the highway, measured from the curbs or, in
52 the absence of curbs, from the edges of the traversable roadway.
53 (b) Any portion of a roadway at an intersection or
54 elsewhere distinctly indicated for pedestrian crossing by lines
55 or other markings on the surface.
56 (15)(7) DAYTIME.—The period from a half hour before sunrise
57 to a half hour after sunset. Nighttime means at any other hour.
58 (16)(8) DEPARTMENT.—The Department of Highway Safety and
59 Motor Vehicles as defined in s. 20.24. Any reference herein to
60 Department of Transportation shall be construed as referring to
61 the Department of Transportation, defined in s. 20.23, or the
62 appropriate division thereof.
63 (17)(9) DIRECTOR.—The Director of the Division of the
64 Florida Highway Patrol of the Department of Highway Safety and
65 Motor Vehicles.
66 (18)(10) DRIVER.—Any person who drives or is in actual
67 physical control of a vehicle on a highway or who is exercising
68 control of a vehicle or steering a vehicle being towed by a
69 motor vehicle.
70 (19) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
71 automation and safety technology that integrates sensor array,
72 wireless vehicle-to-vehicle communications, active safety
73 systems, and specialized software to link safety systems and
74 synchronize acceleration and braking between two vehicles while
75 leaving each vehicle’s steering control and systems command in
76 the control of the vehicle’s driver in compliance with the
77 National Highway Traffic Safety Administration rules regarding
78 vehicle-to-vehicle communications.
79 (21)(11) EXPLOSIVE.—Any chemical compound or mechanical
80 mixture that is commonly used or intended for the purpose of
81 producing an explosion and which contains any oxidizing and
82 combustive units or other ingredients in such proportions,
83 quantities, or packing that an ignition by fire, friction,
84 concussion, percussion, or detonator of any part of the compound
85 or mixture may cause such a sudden generation of highly heated
86 gases that the resultant gaseous pressures are capable of
87 producing destructive effect on contiguous objects or of
88 destroying life or limb.
89 (23)(12) FARM TRACTOR.—Any motor vehicle designed and used
90 primarily as a farm implement for drawing plows, mowing
91 machines, and other implements of husbandry.
92 (24)(13) FLAMMABLE LIQUID.—Any liquid which has a flash
93 point of 70 degrees Fahrenheit or less, as determined by a
94 Tagliabue or equivalent closed-cup test device.
95 (26)(14) GROSS WEIGHT.—The weight of a vehicle without load
96 plus the weight of any load thereon.
97 (28)(15) HOUSE TRAILER.—
98 (a) A trailer or semitrailer which is designed,
99 constructed, and equipped as a dwelling place, living abode, or
100 sleeping place (either permanently or temporarily) and is
101 equipped for use as a conveyance on streets and highways, or
102 (b) A trailer or a semitrailer the chassis and exterior
103 shell of which is designed and constructed for use as a house
104 trailer, as defined in paragraph (a), but which is used instead,
105 permanently or temporarily, for the advertising, sales, display,
106 or promotion of merchandise or services or for any other
107 commercial purpose except the transportation of property for
108 hire or the transportation of property for distribution by a
109 private carrier.
110 (29)(16) IMPLEMENT OF HUSBANDRY.—Any vehicle designed and
111 adapted exclusively for agricultural, horticultural, or
112 livestock-raising operations or for lifting or carrying an
113 implement of husbandry and in either case not subject to
114 registration if used upon the highways.
115 (30)(17) INTERSECTION.—
116 (a) The area embraced within the prolongation or connection
117 of the lateral curblines; or, if none, then the lateral boundary
118 lines of the roadways of two highways which join one another at,
119 or approximately at, right angles; or the area within which
120 vehicles traveling upon different highways joining at any other
121 angle may come in conflict.
122 (b) Where a highway includes two roadways 30 feet or more
123 apart, then every crossing of each roadway of such divided
124 highway by an intersecting highway shall be regarded as a
125 separate intersection. In the event such intersecting highway
126 also includes two roadways 30 feet or more apart, then every
127 crossing of two roadways of such highways shall be regarded as a
128 separate intersection.
129 (31)(18) LANED HIGHWAY.—A highway the roadway of which is
130 divided into two or more clearly marked lanes for vehicular
131 traffic.
132 (32)(19) LIMITED ACCESS FACILITY.—A street or highway
133 especially designed for through traffic and over, from, or to
134 which owners or occupants of abutting land or other persons have
135 no right or easement, or only a limited right or easement, of
136 access, light, air, or view by reason of the fact that their
137 property abuts upon such limited access facility or for any
138 other reason. Such highways or streets may be parkways from
139 which trucks, buses, and other commercial vehicles are excluded;
140 or they may be freeways open to use by all customary forms of
141 street and highway traffic.
142 (33)(20) LOCAL AUTHORITIES.—Includes all officers and
143 public officials of the several counties and municipalities of
144 this state.
145 (39)(21) MOTOR VEHICLE.—Except when used in s. 316.1001, a
146 self-propelled vehicle not operated upon rails or guideway, but
147 not including any bicycle, motorized scooter, electric personal
148 assistive mobility device, swamp buggy, or moped. For purposes
149 of s. 316.1001, “motor vehicle” has the same meaning as in s.
150 320.01(1)(a).
151 (40)(22) MOTORCYCLE.—Any motor vehicle having a seat or
152 saddle for the use of the rider and designed to travel on not
153 more than three wheels in contact with the ground, but excluding
154 a tractor or a moped.
155 (43)(23) OFFICIAL TRAFFIC CONTROL DEVICES.—All signs,
156 signals, markings, and devices, not inconsistent with this
157 chapter, placed or erected by authority of a public body or
158 official having jurisdiction for the purpose of regulating,
159 warning, or guiding traffic.
160 (44)(24) OFFICIAL TRAFFIC CONTROL SIGNAL.—Any device,
161 whether manually, electrically, or mechanically operated, by
162 which traffic is alternately directed to stop and permitted to
163 proceed.
164 (45)(25) OPERATOR.—Any person who is in actual physical
165 control of a motor vehicle upon the highway, or who is
166 exercising control over or steering a vehicle being towed by a
167 motor vehicle.
168 (46)(26) OWNER.—A person who holds the legal title of a
169 vehicle, or, in the event a vehicle is the subject of an
170 agreement for the conditional sale or lease thereof with the
171 right of purchase upon performance of the conditions stated in
172 the agreement and with an immediate right of possession vested
173 in the conditional vendee or lessee, or in the event a mortgagor
174 of a vehicle is entitled to possession, then such conditional
175 vendee, or lessee, or mortgagor shall be deemed the owner, for
176 the purposes of this chapter.
177 (47)(27) PARK OR PARKING.—The standing of a vehicle,
178 whether occupied or not, otherwise than temporarily for the
179 purpose of and while actually engaged in loading or unloading
180 merchandise or passengers as may be permitted by law under this
181 chapter.
182 (48)(28) PEDESTRIAN.—Any person afoot.
183 (49)(29) PERSON.—Any natural person, firm, copartnership,
184 association, or corporation.
185 (50)(30) PNEUMATIC TIRE.—Any tire in which compressed air
186 is designed to support the load.
187 (51)(31) POLE TRAILER.—Any vehicle without motive power
188 designed to be drawn by another vehicle and attached to the
189 towing vehicle by means of a reach or pole, or by being boomed
190 or otherwise secured to the towing vehicle, and ordinarily used
191 for transporting long or irregularly shaped loads such as poles,
192 pipes, or structural members capable, generally, of sustaining
193 themselves as beams between the supporting connections.
194 (52)(32) POLICE OFFICER.—Any officer authorized to direct
195 or regulate traffic or to make arrests for violations of traffic
196 regulations, including Florida highway patrol officers,
197 sheriffs, deputy sheriffs, and municipal police officers.
198 (53)(33) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
199 provided in paragraph (76)(b) (53)(b), any privately owned way
200 or place used for vehicular travel by the owner and those having
201 express or implied permission from the owner, but not by other
202 persons.
203 (54)(34) RADIOACTIVE MATERIALS.—Any materials or
204 combination of materials which emit ionizing radiation
205 spontaneously in which the radioactivity per gram of material,
206 in any form, is greater than 0.002 microcuries.
207 (55)(35) RAILROAD.—A carrier of persons or property upon
208 cars operated upon stationary rails.
209 (56)(36) RAILROAD SIGN OR SIGNAL.—Any sign, signal, or
210 device erected by authority of a public body or official, or by
211 a railroad, and intended to give notice of the presence of
212 railroad tracks or the approach of a railroad train.
213 (57)(37) RAILROAD TRAIN.—A steam engine, electric or other
214 motor, with or without cars coupled thereto, operated upon
215 rails, except a streetcar.
216 (58)(38) RESIDENCE DISTRICT.—The territory contiguous to,
217 and including, a highway, not comprising a business district,
218 when the property on such highway, for a distance of 300 feet or
219 more, is, in the main, improved with residences or residences
220 and buildings in use for business.
221 (59)(39) REVOCATION.—Revocation means that a licensee’s
222 privilege to drive a motor vehicle is terminated. A new license
223 may be obtained only as permitted by law.
224 (60)(40) RIGHT-OF-WAY.—The right of one vehicle or
225 pedestrian to proceed in a lawful manner in preference to
226 another vehicle or pedestrian approaching under such
227 circumstances of direction, speed, and proximity as to give rise
228 to danger of collision unless one grants precedence to the
229 other.
230 (61)(41) ROAD TRACTOR.—Any motor vehicle designed and used
231 for drawing other vehicles and not so constructed as to carry
232 any load thereon, either independently or as any part of the
233 weight of a vehicle or load so drawn.
234 (62)(42) ROADWAY.—That portion of a highway improved,
235 designed, or ordinarily used for vehicular travel, exclusive of
236 the berm or shoulder. In the event a highway includes two or
237 more separate roadways, the term “roadway” as used herein refers
238 to any such roadway separately, but not to all such roadways
239 collectively.
240 (63)(43) SADDLE MOUNT; FULL MOUNT.—An arrangement whereby
241 the front wheels of one vehicle rest in a secured position upon
242 another vehicle. All of the wheels of the towing vehicle are
243 upon the ground, and only the rear wheels of the towed vehicle
244 rest upon the ground. Such combinations may include one full
245 mount, whereby a smaller transport vehicle is placed completely
246 on the last towed vehicle.
247 (64)(44) SAFETY ZONE.—The area or space officially set
248 apart within a roadway for the exclusive use of pedestrians and
249 protected or so marked by adequate signs or authorized pavement
250 markings as to be plainly visible at all times while set apart
251 as a safety zone.
252 (66)(45) SCHOOL BUS.—Any motor vehicle that complies with
253 the color and identification requirements of chapter 1006 and is
254 used to transport children to or from public or private school
255 or in connection with school activities, but not including buses
256 operated by common carriers in urban transportation of school
257 children. The term “school” includes all preelementary,
258 elementary, secondary, and postsecondary schools.
259 (67)(46) SEMITRAILER.—Any vehicle with or without motive
260 power, other than a pole trailer, designed for carrying persons
261 or property and for being drawn by a motor vehicle and so
262 constructed that some part of its weight and that of its load
263 rests upon, or is carried by, another vehicle.
264 (68) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
265 emblem or markings with the wording “SERVICE VEHICLE” which is
266 visible from the roadway and clearly indicates that the vehicle
267 belongs to or is under contract with a person, an entity, a
268 cooperative, a board, a commission, a district, or a unit of
269 government that provides highway assistance services to
270 motorists, clears travel lanes, or provides temporary
271 maintenance of traffic support for incident response operations.
272 (69)(47) SIDEWALK.—That portion of a street between the
273 curbline, or the lateral line, of a roadway and the adjacent
274 property lines, intended for use by pedestrians.
275 (70)(48) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed
276 or used primarily for the transportation of persons or property
277 and only incidentally operated or moved over a highway,
278 including, but not limited to, ditchdigging apparatus, well
279 boring apparatus, and road construction and maintenance
280 machinery, such as asphalt spreaders, bituminous mixers, bucket
281 loaders, tractors other than truck tractors, ditchers, leveling
282 graders, finishing machines, motor graders, road rollers,
283 scarifiers, earthmoving carryalls and scrapers, power shovels
284 and draglines, and self-propelled cranes and earthmoving
285 equipment. The term does not include house trailers, dump
286 trucks, truck-mounted transit mixers, cranes or shovels, or
287 other vehicles designed for the transportation of persons or
288 property to which machinery has been attached.
289 (71)(49) STAND OR STANDING.—The halting of a vehicle,
290 whether occupied or not, otherwise than temporarily, for the
291 purpose of, and while actually engaged in, receiving or
292 discharging passengers, as may be permitted by law under this
293 chapter.
294 (72)(50) STATE ROAD.—Any highway designated as a state
295 maintained road by the Department of Transportation.
296 (73)(51) STOP.—When required, complete cessation from
297 movement.
298 (74)(52) STOP OR STOPPING.—When prohibited, any halting,
299 even momentarily, of a vehicle, whether occupied or not, except
300 when necessary to avoid conflict with other traffic or to comply
301 with the directions of a law enforcement officer or traffic
302 control sign or signal.
303 (76)(53) STREET OR HIGHWAY.—
304 (a) The entire width between the boundary lines of every
305 way or place of whatever nature when any part thereof is open to
306 the use of the public for purposes of vehicular traffic;
307 (b) The entire width between the boundary lines of any
308 privately owned way or place used for vehicular travel by the
309 owner and those having express or implied permission from the
310 owner, but not by other persons, or any limited access road
311 owned or controlled by a special district, whenever, by written
312 agreement entered into under s. 316.006(2)(b) or (3)(b), a
313 county or municipality exercises traffic control jurisdiction
314 over said way or place;
315 (c) Any area, such as a runway, taxiway, ramp, clear zone,
316 or parking lot, within the boundary of any airport owned by the
317 state, a county, a municipality, or a political subdivision,
318 which area is used for vehicular traffic but which is not open
319 for vehicular operation by the general public; or
320 (d) Any way or place used for vehicular traffic on a
321 controlled access basis within a mobile home park recreation
322 district which has been created under s. 418.30 and the
323 recreational facilities of which district are open to the
324 general public.
325 (77)(54) SUSPENSION.—Temporary withdrawal of a licensee’s
326 privilege to drive a motor vehicle.
327 (83)(55) THROUGH HIGHWAY.—Any highway or portion thereof on
328 which vehicular traffic is given the right-of-way and at the
329 entrances to which vehicular traffic from intersecting highways
330 is required to yield right-of-way to vehicles on such through
331 highway in obedience to either a stop sign or yield sign, or
332 otherwise in obedience to law.
333 (84)(56) TIRE WIDTH.—Tire width is that width stated on the
334 surface of the tire by the manufacturer of the tire, if the
335 width stated does not exceed 2 inches more than the width of the
336 tire contacting the surface.
337 (85)(57) TRAFFIC.—Pedestrians, ridden or herded animals,
338 and vehicles, streetcars, and other conveyances either singly or
339 together while using any street or highway for purposes of
340 travel.
341 (88)(58) TRAILER.—Any vehicle with or without motive power,
342 other than a pole trailer, designed for carrying persons or
343 property and for being drawn by a motor vehicle.
344 (91)(59) TRUCK.—Any motor vehicle designed, used, or
345 maintained primarily for the transportation of property.
346 (92)(60) TRUCK TRACTOR.—Any motor vehicle designed and used
347 primarily for drawing other vehicles and not so constructed as
348 to carry a load other than a part of the weight of the vehicle
349 and load so drawn.
350 (36)(61) MIGRANT OR SEASONAL FARM WORKER.—Any person
351 employed in hand labor operations in planting, cultivation, or
352 harvesting agricultural crops.
353 (22)(62) FARM LABOR VEHICLE.—Any vehicle equipped and used
354 for the transportation of nine or more migrant or seasonal farm
355 workers, in addition to the driver, to or from a place of
356 employment or employment-related activities. The term does not
357 include:
358 (a) Any vehicle carrying only members of the immediate
359 family of the owner or driver.
360 (b) Any vehicle being operated by a common carrier of
361 passengers.
362 (c) Any carpool as defined in s. 450.28(3).
363 (5)(63) BICYCLE PATH.—Any road, path, or way that is open
364 to bicycle travel, which road, path, or way is physically
365 separated from motorized vehicular traffic by an open space or
366 by a barrier and is located either within the highway right-of
367 way or within an independent right-of-way.
368 (10)(64) CHIEF ADMINISTRATIVE OFFICER.—The head, or his or
369 her designee, of any law enforcement agency which is authorized
370 to enforce traffic laws.
371 (11)(65) CHILD.—A child as defined in s. 39.01, s. 984.03,
372 or s. 985.03.
373 (12)(66) COMMERCIAL MOTOR VEHICLE.—Any self-propelled or
374 towed vehicle used on the public highways in commerce to
375 transport passengers or cargo, if such vehicle:
376 (a) Has a gross vehicle weight rating of 10,000 pounds or
377 more;
378 (b) Is designed to transport more than 15 passengers,
379 including the driver; or
380 (c) Is used in the transportation of materials found to be
381 hazardous for the purposes of the Hazardous Materials
382 Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).
383
384 A vehicle that occasionally transports personal property to and
385 from a closed-course motorsport facility, as defined in s.
386 549.09(1)(a), is not a commercial motor vehicle if it is not
387 used for profit and corporate sponsorship is not involved. As
388 used in this subsection, the term “corporate sponsorship” means
389 a payment, donation, gratuity, in-kind service, or other benefit
390 provided to or derived by a person in relation to the underlying
391 activity, other than the display of product or corporate names,
392 logos, or other graphic information on the property being
393 transported.
394 (13)(67) COURT.—The court having jurisdiction over traffic
395 offenses.
396 (25)(68) GOLF CART.—A motor vehicle designed and
397 manufactured for operation on a golf course for sporting or
398 recreational purposes.
399 (27)(69) HAZARDOUS MATERIAL.—Any substance or material
400 which has been determined by the secretary of the United States
401 Department of Transportation to be capable of imposing an
402 unreasonable risk to health, safety, and property. This term
403 includes hazardous waste as defined in s. 403.703(13).
404 (75)(70) STRAIGHT TRUCK.—Any truck on which the cargo unit
405 and the motive power unit are located on the same frame so as to
406 form a single, rigid unit.
407 (80)(71) TANDEM TRAILER TRUCK.—Any combination of a truck
408 tractor, semitrailer, and trailer coupled together so as to
409 operate as a complete unit.
410 (81)(72) TANDEM TRAILER TRUCK HIGHWAY NETWORK.—A highway
411 network consisting primarily of four or more lanes, including
412 all interstate highways; highways designated by the United
413 States Department of Transportation as elements of the National
414 Network; and any street or highway designated by the Florida
415 Department of Transportation for use by tandem trailer trucks,
416 in accordance with s. 316.515, except roads on which truck
417 traffic was specifically prohibited on January 6, 1983.
418 (82)(73) TERMINAL.—Any location where:
419 (a) Freight either originates, terminates, or is handled in
420 the transportation process; or
421 (b) Commercial motor carriers maintain operating
422 facilities.
423 (89)(74) TRANSPORTATION.—The conveyance or movement of
424 goods, materials, livestock, or persons from one location to
425 another on any road, street, or highway open to travel by the
426 public.
427 (94)(75) VEHICLE.—Every device, in, upon, or by which any
428 person or property is or may be transported or drawn upon a
429 highway, excepting devices used exclusively upon stationary
430 rails or tracks.
431 (6)(76) BRAKE HORSEPOWER.—The actual unit of torque
432 developed per unit of time at the output shaft of an engine, as
433 measured by a dynamometer.
434 (37)(77) MOPED.—Any vehicle with pedals to permit
435 propulsion by human power, having a seat or saddle for the use
436 of the rider and designed to travel on not more than three
437 wheels; with a motor rated not in excess of 2 brake horsepower
438 and not capable of propelling the vehicle at a speed greater
439 than 30 miles per hour on level ground; and with a power-drive
440 system that functions directly or automatically without
441 clutching or shifting gears by the operator after the drive
442 system is engaged. If an internal combustion engine is used, the
443 displacement may not exceed 50 cubic centimeters.
444 (42)(78) NONPUBLIC SECTOR BUS.—Any bus which is used for
445 the transportation of persons for compensation and which is not
446 owned, leased, operated, or controlled by a municipal, county,
447 or state government or a governmentally owned or managed
448 nonprofit corporation.
449 (97)(79) WORK ZONE AREA.—The area and its approaches on any
450 state-maintained highway, county-maintained highway, or
451 municipal street where construction, repair, maintenance, or
452 other street-related or highway-related work is being performed
453 or where one or more lanes is closed to traffic.
454 (35)(80) MAXI-CUBE VEHICLE.—A specialized combination
455 vehicle consisting of a truck carrying a separable cargo
456 carrying unit combined with a semitrailer designed so that the
457 separable cargo-carrying unit is to be loaded and unloaded
458 through the semitrailer. The entire combination may not exceed
459 65 feet in length, and a single component of that combination
460 may not exceed 34 feet in length.
461 (79)(81) TANDEM AXLE.—Any two axles whose centers are more
462 than 40 inches but not more than 96 inches apart and are
463 individually attached to or articulated from, or both, a common
464 attachment to the vehicle, including a connecting mechanism
465 designed to equalize the load between axles.
466 (41)(82) MOTORIZED SCOOTER.—Any vehicle not having a seat
467 or saddle for the use of the rider, designed to travel on not
468 more than three wheels, and not capable of propelling the
469 vehicle at a speed greater than 30 miles per hour on level
470 ground.
471 (20)(83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any
472 self-balancing, two-nontandem-wheeled device, designed to
473 transport only one person, with an electric propulsion system
474 with average power of 750 watts (1 horsepower), the maximum
475 speed of which, on a paved level surface when powered solely by
476 such a propulsion system while being ridden by an operator who
477 weighs 170 pounds, is less than 20 miles per hour. Electric
478 personal assistive mobility devices are not vehicles as defined
479 in this section.
480 (87)(84) TRAFFIC SIGNAL PREEMPTION SYSTEM.—Any system or
481 device with the capability of activating a control mechanism
482 mounted on or near traffic signals which alters a traffic
483 signal’s timing cycle.
484 (95)(85) VICTIM SERVICES PROGRAMS.—Any community-based
485 organization whose primary purpose is to act as an advocate for
486 the victims and survivors of traffic crashes and for their
487 families. The victims services offered by these programs may
488 include grief and crisis counseling, assistance with preparing
489 victim compensation claims excluding third-party legal action,
490 or connecting persons with other service providers, and
491 providing emergency financial assistance.
492 (38)(86) MOTOR CARRIER TRANSPORTATION CONTRACT.—
493 (a) A contract, agreement, or understanding covering:
494 1. The transportation of property for compensation or hire
495 by the motor carrier;
496 2. Entrance on property by the motor carrier for the
497 purpose of loading, unloading, or transporting property for
498 compensation or hire; or
499 3. A service incidental to activity described in
500 subparagraph 1. or subparagraph 2., including, but not limited
501 to, storage of property.
502 (b) “Motor carrier transportation contract” does not
503 include the Uniform Intermodal Interchange and Facilities Access
504 Agreement administered by the Intermodal Association of North
505 America or other agreements providing for the interchange, use,
506 or possession of intermodal chassis, containers, or other
507 intermodal equipment.
508 (86)(87) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
509 installed to work in conjunction with a traffic control signal
510 and a camera or cameras synchronized to automatically record two
511 or more sequenced photographic or electronic images or streaming
512 video of only the rear of a motor vehicle at the time the
513 vehicle fails to stop behind the stop bar or clearly marked stop
514 line when facing a traffic control signal steady red light. Any
515 notification under s. 316.0083(1)(b) or traffic citation issued
516 by the use of a traffic infraction detector must include a
517 photograph or other recorded image showing both the license tag
518 of the offending vehicle and the traffic control device being
519 violated.
520 (90)(88) TRI-VEHICLE.—An enclosed three-wheeled passenger
521 vehicle that:
522 (a) Is designed to operate with three wheels in contact
523 with the ground;
524 (b) Has a minimum unladen weight of 900 pounds;
525 (c) Has a single, completely enclosed, occupant
526 compartment;
527 (d) Is produced in a minimum quantity of 300 in any
528 calendar year;
529 (e) Is capable of a speed greater than 60 miles per hour on
530 level ground; and
531 (f) Is equipped with:
532 1. Seats that are certified by the vehicle manufacturer to
533 meet the requirements of Federal Motor Vehicle Safety Standard
534 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
535 2. A steering wheel used to maneuver the vehicle;
536 3. A propulsion unit located forward or aft of the enclosed
537 occupant compartment;
538 4. A seat belt for each vehicle occupant certified to meet
539 the requirements of Federal Motor Vehicle Safety Standard No.
540 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
541 5. A windshield and an appropriate windshield wiper and
542 washer system that are certified by the vehicle manufacturer to
543 meet the requirements of Federal Motor Vehicle Safety Standard
544 No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
545 Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
546 Washing Systems” (49 C.F.R. s. 571.104); and
547 6. A vehicle structure certified by the vehicle
548 manufacturer to meet the requirements of Federal Motor Vehicle
549 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
550 s. 571.216).
551 (78)(89) SWAMP BUGGY.—A motorized off-road vehicle that is
552 designed or modified to travel over swampy or varied terrain and
553 that may use large tires or tracks operated from an elevated
554 platform. The term does not include any vehicle defined in
555 chapter 261 or otherwise defined or classified in this chapter.
556 (2)(90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
557 autonomous technology. The term “autonomous technology” means
558 technology installed on a motor vehicle that has the capability
559 to drive the vehicle on which the technology is installed
560 without the active control or monitoring by a human operator.
561 The term excludes a motor vehicle enabled with active safety
562 systems or driver assistance systems, including, without
563 limitation, a system to provide electronic blind spot
564 assistance, crash avoidance, emergency braking, parking
565 assistance, adaptive cruise control, lane keep assistance, lane
566 departure warning, or traffic jam and queuing assistant, unless
567 any such system alone or in combination with other systems
568 enables the vehicle on which the technology is installed to
569 drive without the active control or monitoring by a human
570 operator.
571 (34)(91) LOCAL HEARING OFFICER.—The person, designated by a
572 department, county, or municipality that elects to authorize
573 traffic infraction enforcement officers to issue traffic
574 citations under s. 316.0083(1)(a), who is authorized to conduct
575 hearings related to a notice of violation issued pursuant to s.
576 316.0083. The charter county, noncharter county, or municipality
577 may use its currently appointed code enforcement board or
578 special magistrate to serve as the local hearing officer. The
579 department may enter into an interlocal agreement to use the
580 local hearing officer of a county or municipality.
581 (65)(92) SANITATION VEHICLE.—A motor vehicle that bears an
582 emblem that is visible from the roadway and clearly identifies
583 that the vehicle belongs to or is under contract with a person,
584 entity, cooperative, board, commission, district, or unit of
585 local government that provides garbage, trash, refuse, or
586 recycling collection.
587 (93) UTILITY SERVICE VEHICLE.—A motor vehicle that bears an
588 emblem that is visible from the roadway and clearly identifies
589 that the vehicle belongs to or is under contract with a person,
590 entity, cooperative, board, commission, district, or unit of
591 local government that provides electric, natural gas, water,
592 wastewater, cable, telephone, or communications services.
593 (96) VULNERABLE USER OF A PUBLIC ROADWAY OR VULNERABLE
594 USER.—
595 (a) A pedestrian, including a person actually engaged in
596 work upon a highway, work upon utility facilities along a
597 highway, or the provision of emergency services within the
598 right-of-way;
599 (b) A person operating, or who is a passenger on, a
600 bicycle, motorcycle, scooter, or moped lawfully on the roadway;
601 (c) A person riding an animal; or
602 (d) A person lawfully operating on a public roadway,
603 crosswalk, or shoulder of the roadway:
604 1. A farm tractor or similar vehicle designed primarily for
605 farm use;
606 2. A horse-drawn carriage;
607 3. An electric personal assistive mobility device; or
608 4. A wheelchair.
609 Section 2. Subsection (1) and paragraphs (e) and (f) of
610 subsection (2) of section 316.027, Florida Statutes, are amended
611 to read:
612 316.027 Crash involving death or personal injuries.—
613 (1) As used in this section, the term:
614 (a) “serious bodily injury” means an injury to a person,
615 including the driver, which consists of a physical condition
616 that creates a substantial risk of death, serious personal
617 disfigurement, or protracted loss or impairment of the function
618 of a bodily member or organ.
619 (b) “Vulnerable road user” means:
620 1. A pedestrian, including a person actually engaged in
621 work upon a highway, or in work upon utility facilities along a
622 highway, or engaged in the provision of emergency services
623 within the right-of-way;
624 2. A person operating a bicycle, motorcycle, scooter, or
625 moped lawfully on the roadway;
626 3. A person riding an animal; or
627 4. A person lawfully operating on a public right-of-way,
628 crosswalk, or shoulder of the roadway:
629 a. A farm tractor or similar vehicle designed primarily for
630 farm use;
631 b. A skateboard, roller skates, or in-line skates;
632 c. A horse-drawn carriage;
633 d. An electric personal assistive mobility device; or
634 e. A wheelchair.
635 (2)
636 (e) A driver who violates paragraph (a), paragraph (b), or
637 paragraph (c) shall have his or her driver license revoked for
638 at least 3 years as provided in s. 322.28(4).
639 1. A person convicted of violating paragraph (a), paragraph
640 (b), or paragraph (c) shall, before his or her driving privilege
641 may be reinstated, present to the department proof of completion
642 of a victim’s impact panel session in a judicial circuit if such
643 a panel exists, or if such a panel does not exist, a department
644 approved driver improvement course relating to the rights of
645 vulnerable road users relative to vehicles on the roadway as
646 provided in s. 322.0261(2).
647 2. The department may reinstate an offender’s driving
648 privilege after he or she satisfies the 3-year revocation period
649 as provided in s. 322.28(4) and successfully completes either a
650 victim’s impact panel session or a department-approved driver
651 improvement course relating to the rights of vulnerable road
652 users relative to vehicles on the roadway as provided in s.
653 322.0261(2).
654 3. For purposes of this paragraph, an offender’s driving
655 privilege may be reinstated only after the department verifies
656 that the offender participated in and successfully completed a
657 victim’s impact panel session or a department-approved driver
658 improvement course.
659 (f) For purposes of sentencing under chapter 921 and
660 determining incentive gain-time eligibility under chapter 944,
661 an offense listed in this subsection is ranked one level above
662 the ranking specified in s. 921.0022 or s. 921.0023 for the
663 offense committed if the victim of the offense was a vulnerable
664 road user.
665 Section 3. Section 316.083, Florida Statutes, is amended to
666 read:
667 316.083 Overtaking and passing a vehicle.—The following
668 provisions rules shall govern the overtaking and passing of a
669 vehicle vehicles proceeding in the same direction, subject to
670 those limitations, exceptions, and special rules hereinafter
671 stated:
672 (1) The driver of a vehicle overtaking another vehicle
673 proceeding in the same direction shall give an appropriate
674 signal as provided for in s. 316.156, shall pass to the left
675 thereof at a safe distance, and shall not again drive to the
676 right side of the roadway until safely clear of the overtaken
677 vehicle.
678 (2) The driver of a motor vehicle overtaking a person
679 operating a bicycle or other vulnerable user of a public roadway
680 nonmotorized vehicle must pass the person operating the bicycle
681 or other vulnerable user nonmotorized vehicle at a safe distance
682 of not less than 3 feet between any part of or attachment to the
683 motor vehicle, anything extending from the motor vehicle, or any
684 trailer or other thing being towed by the motor vehicle and the
685 bicycle, the person operating the bicycle, or other vulnerable
686 user nonmotorized vehicle.
687 (3)(2) Except when overtaking and passing on the right is
688 permitted, the driver of an overtaken vehicle shall give way to
689 the right in favor of the overtaking vehicle, on audible signal
690 or upon the visible blinking of the headlamps of the overtaking
691 vehicle if such overtaking is being attempted at nighttime, and
692 shall not increase the speed of his or her vehicle until
693 completely passed by the overtaking vehicle.
694 (4)(3) A violation of this section is a noncriminal traffic
695 infraction, punishable as a moving violation as provided in
696 chapter 318. If a violation of this section contributes to the
697 bodily injury of a vulnerable user of a public roadway or to the
698 damage to a motor vehicle and bodily injury of a motor vehicle
699 occupant, the law enforcement officer issuing the citation to
700 the responsible party for the violation shall note such
701 information on the citation.
702 Section 4. Section 316.084, Florida Statutes, is amended to
703 read:
704 316.084 When overtaking on the right is permitted.—
705 (1) The driver of a vehicle may overtake and pass on the
706 right of another vehicle only under the following conditions:
707 (a) When the vehicle overtaken is making or about to make a
708 left turn;
709 (b) Upon a street or highway with unobstructed pavement not
710 occupied by parked vehicles of sufficient width for two or more
711 lines of moving traffic in each direction;
712 (c) Upon a one-way street, or upon any roadway on which
713 traffic is restricted to one direction of movement, where the
714 roadway is free from obstructions and of sufficient width for
715 two or more lines of moving vehicles.
716 (2) The driver of a vehicle may overtake and pass another
717 vehicle on the right only under conditions permitting such
718 movement in safety. In no event shall such movement be made by
719 driving off the pavement or main-traveled portion of the
720 roadway.
721 (3) This section does not prohibit a bicycle that is in a
722 bicycle lane or on the shoulder of a roadway or highway from
723 passing another vehicle on the right at the bicycle rider’s own
724 risk with no liability to other motor vehicle drivers.
725 (4)(3) A violation of this section is a noncriminal traffic
726 infraction, punishable as a moving violation as provided in
727 chapter 318.
728 Section 5. Section 316.0875, Florida Statutes, is amended
729 to read:
730 316.0875 No-passing zones.—
731 (1) The Department of Transportation and local authorities
732 are authorized to determine those portions of any highway under
733 their respective jurisdiction where overtaking and passing or
734 driving to the left of the roadway would be especially hazardous
735 and may, by appropriate signs or markings on the roadway,
736 indicate the beginning and end of such zones, and, when such
737 signs or markings are in place and clearly visible to an
738 ordinarily observant person, each every driver of a vehicle
739 shall obey the directions thereof.
740 (2) Where signs or markings are in place to define a no
741 passing zone as set forth in subsection (1), a no driver may
742 not, shall at any time, drive on the left side of the roadway
743 with such no-passing zone or on the left side of any pavement
744 striping designed to mark such no-passing zone throughout its
745 length.
746 (3) This section does not apply to a person who safely and
747 briefly drives to the left of the center of the roadway or
748 pavement striping only to the extent necessary to:
749 (a) Avoid When an obstruction; exists making it necessary
750 to drive to the left of the center of the highway, nor
751 (b) Turn To the driver of a vehicle turning left into or
752 from an alley, private road, or driveway; or
753 (c) Comply with the requirements regarding a safe distance
754 to pass a vulnerable user, as required by s. 316.083(2).
755 (4) A violation of this section is a noncriminal traffic
756 infraction, punishable as a moving violation as provided in
757 chapter 318.
758 Section 6. Section 316.151, Florida Statutes, is amended to
759 read:
760 316.151 Required position and method of turning at
761 intersections.—
762 (1)(a) Right turn.—The driver of a vehicle intending to
763 turn right at an intersection onto a highway, public or private
764 roadway, or driveway shall do so as follows:
765 1.(a) Right turn.—Both the approach for a right turn and a
766 right turn shall be made as close as practicable to the right
767 hand curb or edge of the roadway.
768 2. When overtaking and passing a bicycle or other
769 vulnerable user proceeding in the same direction, the driver of
770 a motor vehicle shall give an appropriate signal as provided for
771 in s. 316.155 and may make the right turn only if the bicycle or
772 other vulnerable user is at least 20 feet from the highway,
773 public or private roadway, or driveway.
774 (b) Left turn.—The driver of a vehicle intending to turn
775 left at an any intersection onto a highway, public or private
776 roadway, or driveway shall do so as follows:
777 1. The driver shall approach the intersection in the
778 extreme left-hand lane lawfully available to traffic moving in
779 the direction of travel of such vehicle. Thereafter, and, after
780 entering the intersection, the left turn shall be made so as to
781 leave the intersection in a lane lawfully available to traffic
782 moving in such direction upon the roadway being entered.
783 2. A person riding a bicycle and intending to turn left in
784 accordance with this section is entitled to the full use of the
785 lane from which the turn may legally be made. Whenever
786 practicable the left turn shall be made in that portion of the
787 intersection to the left of the center of the intersection.
788 (c) Left turn by bicycle.—In addition to the method of
789 making a left turn described in paragraph (b), a person riding a
790 bicycle and intending to turn left may do so as follows has the
791 option of following the course described hereafter:
792 a. The rider shall approach the turn as close as
793 practicable to the right curb or edge of the roadway;
794 b. After proceeding across the intersecting roadway, the
795 turn shall be made as close as practicable to the curb or edge
796 of the roadway on the far side of the intersection; and,
797 c. Before proceeding, the bicyclist shall comply with any
798 official traffic control device or police officer regulating
799 traffic on the highway along which the bicyclist intends to
800 proceed.
801 (2) The state, county, and local authorities in their
802 respective jurisdictions may cause official traffic control
803 devices to be placed within or adjacent to intersections and
804 thereby require and direct that a different course from that
805 specified in this section be traveled by vehicles turning at an
806 intersection. When such devices are so placed, the no driver of
807 a vehicle may not turn a vehicle at an intersection other than
808 as directed and required by such devices.
809 (3) A violation of this section is a noncriminal traffic
810 infraction, punishable as a moving violation as provided in
811 chapter 318. If a violation of this section contributes to the
812 bodily injury of a vulnerable user of a public roadway or the
813 damage to a motor vehicle and injury of a motor vehicle
814 occupant, the law enforcement officer issuing the citation to
815 the responsible party for the violation shall note such
816 information on the citation.
817 Section 7. Section 316.1925, Florida Statutes, is amended
818 to read:
819 316.1925 Careless driving.—
820 (1) A Any person operating a vehicle upon the streets or
821 highways within the state shall drive the same in a careful and
822 prudent manner, having regard for the width, grade, curves,
823 corners, traffic, and all other attendant circumstances, so as
824 not to endanger the life, limb, or property of any person. A
825 person who fails Failure to drive in such manner commits shall
826 constitute careless driving and a violation of this section.
827 (2) Any person who violates this section shall be cited for
828 a moving violation, punishable as provided in chapter 318.
829 (2) If a violation under subsection (1) contributed to the
830 bodily injury of a vulnerable user of a public roadway, the law
831 enforcement officer issuing the citation for the violation shall
832 note such information on the citation.
833 Section 8. Subsections (1), (5), and (6) of section
834 316.2065, Florida Statutes, are amended to read:
835 316.2065 Bicycle regulations.—
836 (1) A bicycle is a vehicle under Florida law and shall be
837 operated in the same manner as any other vehicle and every
838 person operating a bicycle propelling a vehicle by human power
839 has all of the rights and all of the duties applicable to the
840 driver of any other vehicle under this chapter, except as to
841 special regulations in this chapter, and except as to provisions
842 of this chapter which by their nature can have no application.
843 (5)(a) Any person operating a bicycle upon a roadway at
844 less than the normal speed of traffic at the time and place and
845 under the conditions then existing shall ride in the bicycle
846 lane marked for bicycle use or, if there is no bicycle lane in
847 the roadway is marked for bicycle use, as close as practicable
848 to the right-hand curb or edge of the roadway except under any
849 of the following situations:
850 1. When overtaking and passing another bicycle or vehicle
851 proceeding in the same direction.
852 2. When preparing for a left turn at an intersection or
853 into a private road or driveway.
854 3. When reasonably necessary to avoid any condition or
855 potential conflict, including, but not limited to, a fixed or
856 moving object, parked or moving vehicle, bicycle, pedestrian,
857 animal, surface hazard, turn lane, or substandard-width lane,
858 which makes it unsafe to continue along the right-hand curb or
859 edge or within a bicycle lane. For the purposes of this
860 subsection, a “substandard-width lane” is a lane that is too
861 narrow for a bicycle and another vehicle to travel safely side
862 by side within the lane.
863 (b) Any person operating a bicycle upon a one-way highway
864 with two or more marked traffic lanes may ride as near the left
865 hand curb or edge of such roadway as practicable.
866 (6)(a) Persons riding bicycles upon a roadway or in a
867 bicycle lane may not ride more than two abreast except on
868 bicycle paths or parts of roadways set aside for the exclusive
869 use of bicycles. Persons riding two abreast may not impede
870 traffic when traveling at less than the normal speed of traffic
871 at the time and place and under the conditions then existing and
872 shall ride within a single lane.
873 (b) When stopping at a stop sign, persons riding bicycles
874 in groups of four or more, after coming to a full stop and
875 obeying all traffic laws, may proceed through the stop sign in a
876 group of 10 or fewer at a time, and motor vehicle operators
877 shall allow that group to travel through the intersection before
878 moving forward.
879 Section 9. Section 318.19, Florida Statutes, is amended to
880 read:
881 318.19 Infractions requiring a mandatory hearing.—Any
882 person cited for the infractions listed in this section shall
883 not have the provisions of s. 318.14(2), (4), and (9) available
884 to him or her but must appear before the designated official at
885 the time and location of the scheduled hearing:
886 (1) Any infraction which results in a crash that causes the
887 death of another;
888 (2) Any infraction which results in a crash that causes
889 “serious bodily injury” of another as defined in s. 316.1933(1);
890 (3) Any infraction of s. 316.172(1)(b);
891 (4) Any infraction of s. 316.520(1) or (2); or
892 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
893 316.189 of exceeding the speed limit by 30 m.p.h. or more; or
894 (6) Any infraction of s. 316.083, s. 316.151, or s.
895 316.1925 which contributes to bodily injury of a vulnerable user
896 of a public roadway as defined in s. 316.003. If an infraction
897 listed in this subsection contributes to the bodily injury of a
898 vulnerable user of a public roadway or the damage to a motor
899 vehicle and injury of a motor vehicle occupant, the law
900 enforcement officer issuing the citation to the responsible
901 party for the infraction shall note such information on the
902 citation.
903 Section 10. Subsection (2) of section 322.0261, Florida
904 Statutes, is amended to read:
905 322.0261 Driver improvement course; requirement to maintain
906 driving privileges; failure to complete; department approval of
907 course.—
908 (2) With respect to an operator convicted of, or who
909 pleaded nolo contendere to, a traffic offense giving rise to a
910 crash identified in paragraph (1)(a) or paragraph (1)(b), the
911 department shall require that the operator, in addition to other
912 applicable penalties, attend a department-approved driver
913 improvement course in order to maintain his or her driving
914 privileges. The department shall include in the course
915 curriculum instruction specifically addressing the rights of
916 vulnerable road users as defined in s. 316.003 316.027 relative
917 to vehicles on the roadway. If the operator fails to complete
918 the course within 90 days after receiving notice from the
919 department, the operator’s driver license shall be canceled by
920 the department until the course is successfully completed.
921 Section 11. Paragraph (c) of subsection (1) of section
922 212.05, Florida Statutes, is amended to read:
923 212.05 Sales, storage, use tax.—It is hereby declared to be
924 the legislative intent that every person is exercising a taxable
925 privilege who engages in the business of selling tangible
926 personal property at retail in this state, including the
927 business of making mail order sales, or who rents or furnishes
928 any of the things or services taxable under this chapter, or who
929 stores for use or consumption in this state any item or article
930 of tangible personal property as defined herein and who leases
931 or rents such property within the state.
932 (1) For the exercise of such privilege, a tax is levied on
933 each taxable transaction or incident, which tax is due and
934 payable as follows:
935 (c) At the rate of 6 percent of the gross proceeds derived
936 from the lease or rental of tangible personal property, as
937 defined herein; however, the following special provisions apply
938 to the lease or rental of motor vehicles:
939 1. When a motor vehicle is leased or rented for a period of
940 less than 12 months:
941 a. If the motor vehicle is rented in Florida, the entire
942 amount of such rental is taxable, even if the vehicle is dropped
943 off in another state.
944 b. If the motor vehicle is rented in another state and
945 dropped off in Florida, the rental is exempt from Florida tax.
946 2. Except as provided in subparagraph 3., for the lease or
947 rental of a motor vehicle for a period of not less than 12
948 months, sales tax is due on the lease or rental payments if the
949 vehicle is registered in this state; provided, however, that no
950 tax shall be due if the taxpayer documents use of the motor
951 vehicle outside this state and tax is being paid on the lease or
952 rental payments in another state.
953 3. The tax imposed by this chapter does not apply to the
954 lease or rental of a commercial motor vehicle as defined in s.
955 316.003(12)(a) 316.003(66)(a) to one lessee or rentee for a
956 period of not less than 12 months when tax was paid on the
957 purchase price of such vehicle by the lessor. To the extent tax
958 was paid with respect to the purchase of such vehicle in another
959 state, territory of the United States, or the District of
960 Columbia, the Florida tax payable shall be reduced in accordance
961 with the provisions of s. 212.06(7). This subparagraph shall
962 only be available when the lease or rental of such property is
963 an established business or part of an established business or
964 the same is incidental or germane to such business.
965 Section 12. Subsection (1) of section 316.1303, Florida
966 Statutes, is amended to read:
967 316.1303 Traffic regulations to assist mobility-impaired
968 persons.—
969 (1) Whenever a pedestrian who is mobility impaired is in
970 the process of crossing a public street or highway with the
971 assistance of a guide dog or service animal designated as such
972 with a visible means of identification, a walker, a crutch, an
973 orthopedic cane, or a wheelchair, the driver of a vehicle
974 approaching the intersection, as defined in s. 316.003
975 316.003(17), shall bring his or her vehicle to a full stop
976 before arriving at the intersection and, before proceeding,
977 shall take precautions necessary to avoid injuring the
978 pedestrian.
979 Section 13. Paragraph (b) of subsection (2) and paragraph
980 (a) of subsection (4) of section 316.545, Florida Statutes, are
981 amended to read:
982 316.545 Weight and load unlawful; special fuel and motor
983 fuel tax enforcement; inspection; penalty; review.—
984 (2)
985 (b) The officer or inspector shall inspect the license
986 plate or registration certificate of the commercial vehicle, as
987 defined in s. 316.003 316.003(66), to determine if its gross
988 weight is in compliance with the declared gross vehicle weight.
989 If its gross weight exceeds the declared weight, the penalty
990 shall be 5 cents per pound on the difference between such
991 weights. In those cases when the commercial vehicle, as defined
992 in s. 316.003 316.003(66), is being operated over the highways
993 of the state with an expired registration or with no
994 registration from this or any other jurisdiction or is not
995 registered under the applicable provisions of chapter 320, the
996 penalty herein shall apply on the basis of 5 cents per pound on
997 that scaled weight which exceeds 35,000 pounds on laden truck
998 tractor-semitrailer combinations or tandem trailer truck
999 combinations, 10,000 pounds on laden straight trucks or straight
1000 truck-trailer combinations, or 10,000 pounds on any unladen
1001 commercial motor vehicle. If the license plate or registration
1002 has not been expired for more than 90 days, the penalty imposed
1003 under this paragraph may not exceed $1,000. In the case of
1004 special mobile equipment as defined in s. 316.003 316.003(48),
1005 which qualifies for the license tax provided for in s.
1006 320.08(5)(b), being operated on the highways of the state with
1007 an expired registration or otherwise not properly registered
1008 under the applicable provisions of chapter 320, a penalty of $75
1009 shall apply in addition to any other penalty which may apply in
1010 accordance with this chapter. A vehicle found in violation of
1011 this section may be detained until the owner or operator
1012 produces evidence that the vehicle has been properly registered.
1013 Any costs incurred by the retention of the vehicle shall be the
1014 sole responsibility of the owner. A person who has been assessed
1015 a penalty pursuant to this paragraph for failure to have a valid
1016 vehicle registration certificate pursuant to the provisions of
1017 chapter 320 is not subject to the delinquent fee authorized in
1018 s. 320.07 if such person obtains a valid registration
1019 certificate within 10 working days after such penalty was
1020 assessed.
1021 (4)(a) No commercial vehicle, as defined in s. 316.003
1022 316.003(66), shall be operated over the highways of this state
1023 unless it has been properly registered under the provisions of
1024 s. 207.004. Whenever any law enforcement officer identified in
1025 s. 207.023(1), upon inspecting the vehicle or combination of
1026 vehicles, determines that the vehicle is in violation of s.
1027 207.004, a penalty in the amount of $50 shall be assessed, and
1028 the vehicle may be detained until payment is collected by the
1029 law enforcement officer.
1030 Section 14. Subsection (2) of section 316.605, Florida
1031 Statutes, is amended to read:
1032 316.605 Licensing of vehicles.—
1033 (2) Any commercial motor vehicle, as defined in s. 316.003
1034 316.003(66), operating over the highways of this state with an
1035 expired registration, with no registration from this or any
1036 other jurisdiction, or with no registration under the applicable
1037 provisions of chapter 320 shall be in violation of s. 320.07(3)
1038 and shall subject the owner or operator of such vehicle to the
1039 penalty provided. In addition, a commercial motor vehicle found
1040 in violation of this section may be detained by any law
1041 enforcement officer until the owner or operator produces
1042 evidence that the vehicle has been properly registered and that
1043 any applicable delinquent penalties have been paid.
1044 Section 15. Subsection (6) of section 316.6105, Florida
1045 Statutes, is amended to read:
1046 316.6105 Violations involving operation of motor vehicle in
1047 unsafe condition or without required equipment; procedure for
1048 disposition.—
1049 (6) This section does not apply to commercial motor
1050 vehicles as defined in s. 316.003 316.003(66) or transit buses
1051 owned or operated by a governmental entity.
1052 Section 16. Paragraph (a) of subsection (2) of section
1053 316.613, Florida Statutes, is amended to read:
1054 316.613 Child restraint requirements.—
1055 (2) As used in this section, the term “motor vehicle” means
1056 a motor vehicle as defined in s. 316.003 that is operated on the
1057 roadways, streets, and highways of the state. The term does not
1058 include:
1059 (a) A school bus as defined in s. 316.003 316.003(45).
1060 Section 17. Subsection (8) of section 316.622, Florida
1061 Statutes, is amended to read:
1062 316.622 Farm labor vehicles.—
1063 (8) The department shall provide to the Department of
1064 Business and Professional Regulation each quarter a copy of each
1065 accident report involving a farm labor vehicle, as defined in s.
1066 316.003 316.003(62), commencing with the first quarter of the
1067 2006-2007 fiscal year.
1068 Section 18. Paragraph (b) of subsection (1) of section
1069 316.650, Florida Statutes, is amended to read:
1070 316.650 Traffic citations.—
1071 (1)
1072 (b) The department shall prepare, and supply to every
1073 traffic enforcement agency in the state, an appropriate
1074 affidavit-of-compliance form that shall be issued along with the
1075 form traffic citation for any violation of s. 316.610 and that
1076 indicates the specific defect needing to be corrected. However,
1077 such affidavit of compliance shall not be issued in the case of
1078 a violation of s. 316.610 by a commercial motor vehicle as
1079 defined in s. 316.003 316.003(66). Such affidavit-of-compliance
1080 form shall be distributed in the same manner and to the same
1081 parties as is the form traffic citation.
1082 Section 19. Subsection (1) of section 316.70, Florida
1083 Statutes, is amended to read:
1084 316.70 Nonpublic sector buses; safety rules.—
1085 (1) The Department of Transportation shall establish and
1086 revise standards to assure the safe operation of nonpublic
1087 sector buses, as defined in s. 316.003 316.003(78), which
1088 standards shall be those contained in 49 C.F.R. parts 382, 385,
1089 and 390-397 and which shall be directed towards assuring that:
1090 (a) Nonpublic sector buses are safely maintained, equipped,
1091 and operated.
1092 (b) Nonpublic sector buses are carrying the insurance
1093 required by law and carrying liability insurance on the checked
1094 baggage of passengers not to exceed the standard adopted by the
1095 United States Department of Transportation.
1096 (c) Florida license tags are purchased for nonpublic sector
1097 buses pursuant to s. 320.38.
1098 (d) The driving records of drivers of nonpublic sector
1099 buses are checked by their employers at least once each year to
1100 ascertain whether the driver has a suspended or revoked driver
1101 license.
1102 Section 20. Paragraph (a) of subsection (1) of section
1103 320.01, Florida Statutes, is amended to read:
1104 320.01 Definitions, general.—As used in the Florida
1105 Statutes, except as otherwise provided, the term:
1106 (1) “Motor vehicle” means:
1107 (a) An automobile, motorcycle, truck, trailer, semitrailer,
1108 truck tractor and semitrailer combination, or any other vehicle
1109 operated on the roads of this state, used to transport persons
1110 or property, and propelled by power other than muscular power,
1111 but the term does not include traction engines, road rollers,
1112 special mobile equipment as defined in s. 316.003 316.003(48),
1113 vehicles that run only upon a track, bicycles, swamp buggies, or
1114 mopeds.
1115 Section 21. Section 320.08, Florida Statutes, is amended to
1116 read:
1117 320.08 License taxes.—Except as otherwise provided herein,
1118 there are hereby levied and imposed annual license taxes for the
1119 operation of motor vehicles, mopeds, motorized bicycles as
1120 defined in s. 316.003(3) 316.003(2), tri-vehicles as defined in
1121 s. 316.003, and mobile homes, as defined in s. 320.01, which
1122 shall be paid to and collected by the department or its agent
1123 upon the registration or renewal of registration of the
1124 following:
1125 (1) MOTORCYCLES AND MOPEDS.—
1126 (a) Any motorcycle: $10 flat.
1127 (b) Any moped: $5 flat.
1128 (c) Upon registration of a motorcycle, motor-driven cycle,
1129 or moped, in addition to the license taxes specified in this
1130 subsection, a nonrefundable motorcycle safety education fee in
1131 the amount of $2.50 shall be paid. The proceeds of such
1132 additional fee shall be deposited in the Highway Safety
1133 Operating Trust Fund to fund a motorcycle driver improvement
1134 program implemented pursuant to s. 322.025, the Florida
1135 Motorcycle Safety Education Program established in s. 322.0255,
1136 or the general operations of the department.
1137 (d) An ancient or antique motorcycle: $7.50 flat, of which
1138 $2.50 shall be deposited into the General Revenue Fund.
1139 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
1140 (a) An ancient or antique automobile, as defined in s.
1141 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
1142 (b) Net weight of less than 2,500 pounds: $14.50 flat.
1143 (c) Net weight of 2,500 pounds or more, but less than 3,500
1144 pounds: $22.50 flat.
1145 (d) Net weight of 3,500 pounds or more: $32.50 flat.
1146 (3) TRUCKS.—
1147 (a) Net weight of less than 2,000 pounds: $14.50 flat.
1148 (b) Net weight of 2,000 pounds or more, but not more than
1149 3,000 pounds: $22.50 flat.
1150 (c) Net weight more than 3,000 pounds, but not more than
1151 5,000 pounds: $32.50 flat.
1152 (d) A truck defined as a “goat,” or other vehicle if used
1153 in the field by a farmer or in the woods for the purpose of
1154 harvesting a crop, including naval stores, during such
1155 harvesting operations, and which is not principally operated
1156 upon the roads of the state: $7.50 flat. The term “goat” means a
1157 motor vehicle designed, constructed, and used principally for
1158 the transportation of citrus fruit within citrus groves or for
1159 the transportation of crops on farms, and which can also be used
1160 for hauling associated equipment or supplies, including required
1161 sanitary equipment, and the towing of farm trailers.
1162 (e) An ancient or antique truck, as defined in s. 320.086:
1163 $7.50 flat.
1164 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1165 VEHICLE WEIGHT.—
1166 (a) Gross vehicle weight of 5,001 pounds or more, but less
1167 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
1168 deposited into the General Revenue Fund.
1169 (b) Gross vehicle weight of 6,000 pounds or more, but less
1170 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
1171 deposited into the General Revenue Fund.
1172 (c) Gross vehicle weight of 8,000 pounds or more, but less
1173 than 10,000 pounds: $103 flat, of which $27 shall be deposited
1174 into the General Revenue Fund.
1175 (d) Gross vehicle weight of 10,000 pounds or more, but less
1176 than 15,000 pounds: $118 flat, of which $31 shall be deposited
1177 into the General Revenue Fund.
1178 (e) Gross vehicle weight of 15,000 pounds or more, but less
1179 than 20,000 pounds: $177 flat, of which $46 shall be deposited
1180 into the General Revenue Fund.
1181 (f) Gross vehicle weight of 20,000 pounds or more, but less
1182 than 26,001 pounds: $251 flat, of which $65 shall be deposited
1183 into the General Revenue Fund.
1184 (g) Gross vehicle weight of 26,001 pounds or more, but less
1185 than 35,000: $324 flat, of which $84 shall be deposited into the
1186 General Revenue Fund.
1187 (h) Gross vehicle weight of 35,000 pounds or more, but less
1188 than 44,000 pounds: $405 flat, of which $105 shall be deposited
1189 into the General Revenue Fund.
1190 (i) Gross vehicle weight of 44,000 pounds or more, but less
1191 than 55,000 pounds: $773 flat, of which $201 shall be deposited
1192 into the General Revenue Fund.
1193 (j) Gross vehicle weight of 55,000 pounds or more, but less
1194 than 62,000 pounds: $916 flat, of which $238 shall be deposited
1195 into the General Revenue Fund.
1196 (k) Gross vehicle weight of 62,000 pounds or more, but less
1197 than 72,000 pounds: $1,080 flat, of which $280 shall be
1198 deposited into the General Revenue Fund.
1199 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
1200 flat, of which $343 shall be deposited into the General Revenue
1201 Fund.
1202 (m) Notwithstanding the declared gross vehicle weight, a
1203 truck tractor used within a 150-mile radius of its home address
1204 is eligible for a license plate for a fee of $324 flat if:
1205 1. The truck tractor is used exclusively for hauling
1206 forestry products; or
1207 2. The truck tractor is used primarily for the hauling of
1208 forestry products, and is also used for the hauling of
1209 associated forestry harvesting equipment used by the owner of
1210 the truck tractor.
1211
1212 Of the fee imposed by this paragraph, $84 shall be deposited
1213 into the General Revenue Fund.
1214 (n) A truck tractor or heavy truck, not operated as a for
1215 hire vehicle, which is engaged exclusively in transporting raw,
1216 unprocessed, and nonmanufactured agricultural or horticultural
1217 products within a 150-mile radius of its home address, is
1218 eligible for a restricted license plate for a fee of:
1219 1. If such vehicle’s declared gross vehicle weight is less
1220 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
1221 deposited into the General Revenue Fund.
1222 2. If such vehicle’s declared gross vehicle weight is
1223 44,000 pounds or more and such vehicle only transports from the
1224 point of production to the point of primary manufacture; to the
1225 point of assembling the same; or to a shipping point of a rail,
1226 water, or motor transportation company, $324 flat, of which $84
1227 shall be deposited into the General Revenue Fund.
1228
1229 Such not-for-hire truck tractors and heavy trucks used
1230 exclusively in transporting raw, unprocessed, and
1231 nonmanufactured agricultural or horticultural products may be
1232 incidentally used to haul farm implements and fertilizers
1233 delivered direct to the growers. The department may require any
1234 documentation deemed necessary to determine eligibility prior to
1235 issuance of this license plate. For the purpose of this
1236 paragraph, “not-for-hire” means the owner of the motor vehicle
1237 must also be the owner of the raw, unprocessed, and
1238 nonmanufactured agricultural or horticultural product, or the
1239 user of the farm implements and fertilizer being delivered.
1240 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1241 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
1242 (a)1. A semitrailer drawn by a GVW truck tractor by means
1243 of a fifth-wheel arrangement: $13.50 flat per registration year
1244 or any part thereof, of which $3.50 shall be deposited into the
1245 General Revenue Fund.
1246 2. A semitrailer drawn by a GVW truck tractor by means of a
1247 fifth-wheel arrangement: $68 flat per permanent registration, of
1248 which $18 shall be deposited into the General Revenue Fund.
1249 (b) A motor vehicle equipped with machinery and designed
1250 for the exclusive purpose of well drilling, excavation,
1251 construction, spraying, or similar activity, and which is not
1252 designed or used to transport loads other than the machinery
1253 described above over public roads: $44 flat, of which $11.50
1254 shall be deposited into the General Revenue Fund.
1255 (c) A school bus used exclusively to transport pupils to
1256 and from school or school or church activities or functions
1257 within their own county: $41 flat, of which $11 shall be
1258 deposited into the General Revenue Fund.
1259 (d) A wrecker, as defined in s. 320.01, which is used to
1260 tow a vessel as defined in s. 327.02, a disabled, abandoned,
1261 stolen-recovered, or impounded motor vehicle as defined in s.
1262 320.01, or a replacement motor vehicle as defined in s. 320.01:
1263 $41 flat, of which $11 shall be deposited into the General
1264 Revenue Fund.
1265 (e) A wrecker that is used to tow any nondisabled motor
1266 vehicle, a vessel, or any other cargo unless used as defined in
1267 paragraph (d), as follows:
1268 1. Gross vehicle weight of 10,000 pounds or more, but less
1269 than 15,000 pounds: $118 flat, of which $31 shall be deposited
1270 into the General Revenue Fund.
1271 2. Gross vehicle weight of 15,000 pounds or more, but less
1272 than 20,000 pounds: $177 flat, of which $46 shall be deposited
1273 into the General Revenue Fund.
1274 3. Gross vehicle weight of 20,000 pounds or more, but less
1275 than 26,000 pounds: $251 flat, of which $65 shall be deposited
1276 into the General Revenue Fund.
1277 4. Gross vehicle weight of 26,000 pounds or more, but less
1278 than 35,000 pounds: $324 flat, of which $84 shall be deposited
1279 into the General Revenue Fund.
1280 5. Gross vehicle weight of 35,000 pounds or more, but less
1281 than 44,000 pounds: $405 flat, of which $105 shall be deposited
1282 into the General Revenue Fund.
1283 6. Gross vehicle weight of 44,000 pounds or more, but less
1284 than 55,000 pounds: $772 flat, of which $200 shall be deposited
1285 into the General Revenue Fund.
1286 7. Gross vehicle weight of 55,000 pounds or more, but less
1287 than 62,000 pounds: $915 flat, of which $237 shall be deposited
1288 into the General Revenue Fund.
1289 8. Gross vehicle weight of 62,000 pounds or more, but less
1290 than 72,000 pounds: $1,080 flat, of which $280 shall be
1291 deposited into the General Revenue Fund.
1292 9. Gross vehicle weight of 72,000 pounds or more: $1,322
1293 flat, of which $343 shall be deposited into the General Revenue
1294 Fund.
1295 (f) A hearse or ambulance: $40.50 flat, of which $10.50
1296 shall be deposited into the General Revenue Fund.
1297 (6) MOTOR VEHICLES FOR HIRE.—
1298 (a) Under nine passengers: $17 flat, of which $4.50 shall
1299 be deposited into the General Revenue Fund; plus $1.50 per cwt,
1300 of which 50 cents shall be deposited into the General Revenue
1301 Fund.
1302 (b) Nine passengers and over: $17 flat, of which $4.50
1303 shall be deposited into the General Revenue Fund; plus $2 per
1304 cwt, of which 50 cents shall be deposited into the General
1305 Revenue Fund.
1306 (7) TRAILERS FOR PRIVATE USE.—
1307 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
1308 year or any part thereof, of which $1.75 shall be deposited into
1309 the General Revenue Fund.
1310 (b) Net weight over 500 pounds: $3.50 flat, of which $1
1311 shall be deposited into the General Revenue Fund; plus $1 per
1312 cwt, of which 25 cents shall be deposited into the General
1313 Revenue Fund.
1314 (8) TRAILERS FOR HIRE.—
1315 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
1316 shall be deposited into the General Revenue Fund; plus $1.50 per
1317 cwt, of which 50 cents shall be deposited into the General
1318 Revenue Fund.
1319 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
1320 $3.50 shall be deposited into the General Revenue Fund; plus
1321 $1.50 per cwt, of which 50 cents shall be deposited into the
1322 General Revenue Fund.
1323 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
1324 (a) A travel trailer or fifth-wheel trailer, as defined by
1325 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
1326 flat, of which $7 shall be deposited into the General Revenue
1327 Fund.
1328 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
1329 $13.50 flat, of which $3.50 shall be deposited into the General
1330 Revenue Fund.
1331 (c) A motor home, as defined by s. 320.01(1)(b)4.:
1332 1. Net weight of less than 4,500 pounds: $27 flat, of which
1333 $7 shall be deposited into the General Revenue Fund.
1334 2. Net weight of 4,500 pounds or more: $47.25 flat, of
1335 which $12.25 shall be deposited into the General Revenue Fund.
1336 (d) A truck camper as defined by s. 320.01(1)(b)3.:
1337 1. Net weight of less than 4,500 pounds: $27 flat, of which
1338 $7 shall be deposited into the General Revenue Fund.
1339 2. Net weight of 4,500 pounds or more: $47.25 flat, of
1340 which $12.25 shall be deposited into the General Revenue Fund.
1341 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
1342 1. Net weight of less than 4,500 pounds: $27 flat, of which
1343 $7 shall be deposited into the General Revenue Fund.
1344 2. Net weight of 4,500 pounds or more: $47.25 flat, of
1345 which $12.25 shall be deposited into the General Revenue Fund.
1346 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
1347 35 FEET TO 40 FEET.—
1348 (a) Park trailers.—Any park trailer, as defined in s.
1349 320.01(1)(b)7.: $25 flat.
1350 (b) A travel trailer or fifth-wheel trailer, as defined in
1351 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
1352 (11) MOBILE HOMES.—
1353 (a) A mobile home not exceeding 35 feet in length: $20
1354 flat.
1355 (b) A mobile home over 35 feet in length, but not exceeding
1356 40 feet: $25 flat.
1357 (c) A mobile home over 40 feet in length, but not exceeding
1358 45 feet: $30 flat.
1359 (d) A mobile home over 45 feet in length, but not exceeding
1360 50 feet: $35 flat.
1361 (e) A mobile home over 50 feet in length, but not exceeding
1362 55 feet: $40 flat.
1363 (f) A mobile home over 55 feet in length, but not exceeding
1364 60 feet: $45 flat.
1365 (g) A mobile home over 60 feet in length, but not exceeding
1366 65 feet: $50 flat.
1367 (h) A mobile home over 65 feet in length: $80 flat.
1368 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1369 motor vehicle dealer, independent motor vehicle dealer, marine
1370 boat trailer dealer, or mobile home dealer and manufacturer
1371 license plate: $17 flat, of which $4.50 shall be deposited into
1372 the General Revenue Fund.
1373 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
1374 official license plate: $4 flat, of which $1 shall be deposited
1375 into the General Revenue Fund.
1376 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
1377 vehicle for hire operated wholly within a city or within 25
1378 miles thereof: $17 flat, of which $4.50 shall be deposited into
1379 the General Revenue Fund; plus $2 per cwt, of which 50 cents
1380 shall be deposited into the General Revenue Fund.
1381 (15) TRANSPORTER.—Any transporter license plate issued to a
1382 transporter pursuant to s. 320.133: $101.25 flat, of which
1383 $26.25 shall be deposited into the General Revenue Fund.
1384 Section 22. Subsection (1) of section 320.0801, Florida
1385 Statutes, is amended to read:
1386 320.0801 Additional license tax on certain vehicles.—
1387 (1) In addition to the license taxes specified in s. 320.08
1388 and in subsection (2), there is hereby levied and imposed an
1389 annual license tax of 10 cents for the operation of a motor
1390 vehicle, as defined in s. 320.01, and moped, as defined in s.
1391 316.003 316.003(77), which tax shall be paid to the department
1392 or its agent upon the registration or renewal of registration of
1393 the vehicle. Notwithstanding the provisions of s. 320.20,
1394 revenues collected from the tax imposed in this subsection shall
1395 be deposited in the Emergency Medical Services Trust Fund and
1396 used solely for the purpose of carrying out the provisions of
1397 ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 11, chapter
1398 87-399, Laws of Florida.
1399 Section 23. Section 320.38, Florida Statutes, is amended to
1400 read:
1401 320.38 When nonresident exemption not allowed.—The
1402 provisions of s. 320.37 authorizing the operation of motor
1403 vehicles over the roads of this state by nonresidents of this
1404 state when such vehicles are duly registered or licensed under
1405 the laws of some other state or foreign country do not apply to
1406 any nonresident who accepts employment or engages in any trade,
1407 profession, or occupation in this state, except a nonresident
1408 migrant or seasonal farm worker as defined in s. 316.003
1409 316.003(61). In every case in which a nonresident, except a
1410 nonresident migrant or seasonal farm worker as defined in s.
1411 316.003 316.003(61), accepts employment or engages in any trade,
1412 profession, or occupation in this state or enters his or her
1413 children to be educated in the public schools of this state,
1414 such nonresident shall, within 10 days after the commencement of
1415 such employment or education, register his or her motor vehicles
1416 in this state if such motor vehicles are proposed to be operated
1417 on the roads of this state. Any person who is enrolled as a
1418 student in a college or university and who is a nonresident but
1419 who is in this state for a period of up to 6 months engaged in a
1420 work-study program for which academic credits are earned from a
1421 college whose credits or degrees are accepted for credit by at
1422 least three accredited institutions of higher learning, as
1423 defined in s. 1005.02, is not required to have a Florida
1424 registration for the duration of the work-study program if the
1425 person’s vehicle is properly registered in another jurisdiction.
1426 Any nonresident who is enrolled as a full-time student in such
1427 institution of higher learning is also exempt for the duration
1428 of such enrollment.
1429 Section 24. Subsection (1) of section 322.031, Florida
1430 Statutes, is amended to read:
1431 322.031 Nonresident; when license required.—
1432 (1) In each case in which a nonresident, except a
1433 nonresident migrant or seasonal farm worker as defined in s.
1434 316.003 316.003(61), accepts employment or engages in a trade,
1435 profession, or occupation in this state or enters his or her
1436 children to be educated in the public schools of this state,
1437 such nonresident shall, within 30 days after beginning such
1438 employment or education, be required to obtain a Florida driver
1439 license if such nonresident operates a motor vehicle on the
1440 highways of this state. The spouse or dependent child of such
1441 nonresident shall also be required to obtain a Florida driver
1442 license within that 30-day period before operating a motor
1443 vehicle on the highways of this state.
1444 Section 25. Subsection (3) of section 450.181, Florida
1445 Statutes, is amended to read:
1446 450.181 Definitions.—As used in part II, unless the context
1447 clearly requires a different meaning:
1448 (3) The term “migrant laborer” has the same meaning as
1449 migrant or seasonal farm workers as defined in s. 316.003
1450 316.003(61).
1451 Section 26. Subsection (5) of section 559.903, Florida
1452 Statutes, is amended to read:
1453 559.903 Definitions.—As used in this act:
1454 (5) “Motor vehicle” means any automobile, truck, bus,
1455 recreational vehicle, motorcycle, motor scooter, or other motor
1456 powered vehicle, but does not include trailers, mobile homes,
1457 travel trailers, trailer coaches without independent motive
1458 power, watercraft or aircraft, or special mobile equipment as
1459 defined in s. 316.003 316.003(48).
1460 Section 27. Subsection (1) of section 655.960, Florida
1461 Statutes, is amended to read:
1462 655.960 Definitions; ss. 655.960-655.965.—As used in this
1463 section and ss. 655.961-655.965, unless the context otherwise
1464 requires:
1465 (1) “Access area” means any paved walkway or sidewalk which
1466 is within 50 feet of any automated teller machine. The term does
1467 not include any street or highway open to the use of the public,
1468 as defined in s. 316.003(76)(a) or (b) 316.003(53)(a) or (b),
1469 including any adjacent sidewalk, as defined in s. 316.003
1470 316.003(47).
1471 Section 28. Paragraph (b) of subsection (2) of section
1472 732.402, Florida Statutes, is amended to read:
1473 732.402 Exempt property.—
1474 (2) Exempt property shall consist of:
1475 (b) Two motor vehicles as defined in s. 316.003
1476 316.003(21), which do not, individually as to either such motor
1477 vehicle, have a gross vehicle weight in excess of 15,000 pounds,
1478 held in the decedent’s name and regularly used by the decedent
1479 or members of the decedent’s immediate family as their personal
1480 motor vehicles.
1481 Section 29. Subsection (1) of section 860.065, Florida
1482 Statutes, is amended to read:
1483 860.065 Commercial transportation; penalty for use in
1484 commission of a felony.—
1485 (1) It is unlawful for any person to attempt to obtain,
1486 solicit to obtain, or obtain any means of public or commercial
1487 transportation or conveyance, including vessels, aircraft,
1488 railroad trains, or commercial vehicles as defined in s. 316.003
1489 316.003(66), with the intent to use such public or commercial
1490 transportation or conveyance to commit any felony or to
1491 facilitate the commission of any felony.
1492 Section 30. For the purpose of incorporating the amendment
1493 made by this act to section 316.1925, Florida Statutes, in a
1494 reference thereto, paragraph (b) of subsection (4) of section
1495 316.072, Florida Statutes, is reenacted to read:
1496 316.072 Obedience to and effect of traffic laws.—
1497 (4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
1498 EXCEPTIONS.—
1499 (b) Unless specifically made applicable, the provisions of
1500 this chapter, except those contained in ss. 316.192, 316.1925,
1501 and 316.193, shall not apply to persons, teams, or motor
1502 vehicles and other equipment while actually engaged in work upon
1503 the surface of a highway, but shall apply to such persons and
1504 vehicles when traveling to or from such work.
1505 Section 31. For the purpose of incorporating the amendment
1506 made by this act to sections 316.083 and 316.084, Florida
1507 Statutes, in references thereto, subsection (5) of section
1508 316.1923, Florida Statutes, is reenacted to read:
1509 316.1923 Aggressive careless driving.—“Aggressive careless
1510 driving” means committing two or more of the following acts
1511 simultaneously or in succession:
1512 (5) Improperly passing as defined in s. 316.083, s.
1513 316.084, or s. 316.085.
1514 Section 32. For the purpose of incorporating the amendment
1515 made by this act to section 318.19, Florida Statutes, in a
1516 reference thereto, subsection (2) of section 318.14, Florida
1517 Statutes, is reenacted to read:
1518 318.14 Noncriminal traffic infractions; exception;
1519 procedures.—
1520 (2) Except as provided in ss. 316.1001(2) and 316.0083, any
1521 person cited for a violation requiring a mandatory hearing
1522 listed in s. 318.19 or any other criminal traffic violation
1523 listed in chapter 316 must sign and accept a citation indicating
1524 a promise to appear. The officer may indicate on the traffic
1525 citation the time and location of the scheduled hearing and must
1526 indicate the applicable civil penalty established in s. 318.18.
1527 For all other infractions under this section, except for
1528 infractions under s. 316.1001, the officer must certify by
1529 electronic, electronic facsimile, or written signature that the
1530 citation was delivered to the person cited. This certification
1531 is prima facie evidence that the person cited was served with
1532 the citation.
1533 Section 33. For the purpose of incorporating the amendment
1534 made by this act to section 316.2065, Florida Statutes, in a
1535 reference thereto, paragraph (b) of subsection (1) of section
1536 318.18, Florida Statutes, is reenacted to read:
1537 318.18 Amount of penalties.—The penalties required for a
1538 noncriminal disposition pursuant to s. 318.14 or a criminal
1539 offense listed in s. 318.17 are as follows:
1540 (1) Fifteen dollars for:
1541 (b) All infractions of s. 316.2065, unless otherwise
1542 specified.
1543
1544 ================= T I T L E A M E N D M E N T ================
1545 And the title is amended as follows:
1546 Delete lines 4 - 5
1547 and insert:
1548 providing definitions; amending s. 316.027, F.S.;
1549 deleting the definition of the term “vulnerable road
1550 user”; conforming provisions to changes made by the
1551 act; amending s. 316.083, F.S.; revising provisions
1552 relating to the passing of a vehicle; directing a law
1553 enforcement officer issuing a citation for specified
1554 violations to note certain information on the
1555 citation; amending s. 316.084, F.S.; exempting
1556 bicycles from provisions for passing a vehicle on the
1557 right under certain circumstances; amending s.
1558 316.0875, F.S.; revising exceptions to provisions for
1559 designated no-passing zones; amending s. 316.151,
1560 F.S.; revising provisions for turning at
1561 intersections; directing a law enforcement officer
1562 issuing a citation for specified violations to note
1563 certain information on the citation; amending s.
1564 316.1925, F.S.; revising provisions relating to
1565 careless driving; directing a law enforcement officer
1566 issuing a citation for specified violations to note
1567 certain information on the citation; amending s.
1568 316.2065, F.S.; revising provisions for operation of a
1569 bicycle; requiring motor vehicle operators to allow a
1570 group of bicycles to travel through an intersection
1571 under certain circumstances; amending s. 318.19, F.S.;
1572 requiring a hearing for specified offenses; directing
1573 a law enforcement officer issuing a citation for
1574 specified violations to note certain information on
1575 the citation; amending s. 322.0261, F.S., relating to
1576 driver improvement courses; revising the definition of
1577 “vulnerable road users”; amending ss. 212.05,
1578 316.1303, 316.545, 316.605, 316.6105, 316.613,
1579 316.622, 316.650, 316.70, 320.01, 320.08, 320.0801,
1580 320.38, 322.031, 450.181, 559.903, 655.960, 732.402,
1581 and 860.065, F.S.; conforming cross-references;
1582 reenacting ss. 316.072(4)(b), 316.1923(5), 318.14(2),
1583 and 318.18(1)(b), F.S., relating to obedience to and
1584 effect of traffic laws, aggressive careless driving,
1585 noncriminal traffic infractions, and amount of
1586 penalties, respectively, to incorporate amendments
1587 made by the act in references thereto;
