Florida Senate - 2010                             CS for SB 2400
       
       
       
       By the Committee on Transportation; and Senator Gardiner
       
       
       
       
       596-03105A-10                                         20102400c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s.
    3         316.003, F.S.; defining the term “tri-vehicle”;
    4         amending s. 316.0741, F.S.; providing that certain
    5         tri-vehicles are hybrid vehicles; amending s. 316.159,
    6         F.S.; requiring that drivers of certain commercial
    7         motor vehicles slow before crossing a railroad grade;
    8         amending s. 316.193, F.S., relating to penalties for
    9         driving under the influence; deleting certain
   10         provisions governing the impoundment or immobilization
   11         of a person’s vehicle following an alcohol-related or
   12         drug-related traffic offense; amending s. 316.646,
   13         F.S.; directing the Department of Highway Safety and
   14         Motor Vehicles to suspend the registration and
   15         driver’s license of a person convicted of failure to
   16         maintain required security on a motor vehicle;
   17         amending s. 318.14, F.S.; providing procedures for
   18         disposition of a citation for violating a specified
   19         learner’s driver’s license restrictions; removing an
   20         erroneous reference; removing a requirement that a
   21         person who commits a noncriminal traffic infraction be
   22         cited to appear before an official; requiring a person
   23         who commits a traffic violation requiring a hearing or
   24         a criminal traffic violation to sign and accept a
   25         citation indicating a promise to appear for a hearing;
   26         providing penalties; providing for certain persons
   27         cited for specified offenses to provide proof of
   28         compliance to a designated official; providing
   29         alternative citation disposition procedures for the
   30         offense of operating a motor vehicle with a license
   31         that has been suspended for failure to pay certain
   32         financial obligations or failure to comply with
   33         specified education requirements; amending s. 318.18,
   34         F.S.; adding a designated school crossing to the
   35         locations at which exceeding the posted speed limit
   36         will double the fine otherwise provided by law;
   37         amending s. 320.071, F.S.; revising the time period
   38         during which the owner of an apportionable motor
   39         vehicle may file an application for renewal of
   40         registration; revising terminology relating to the
   41         vehicles registered in accordance with the
   42         International Registration Plan; amending s. 320.08,
   43         F.S.; establishing license taxes for tri-vehicles;
   44         amending s. 320.0807, F.S.; revising provisions
   45         governing the special license plates issued to federal
   46         and state legislators; amending s. 320.084, F.S.;
   47         providing for a biennial registration renewal period
   48         for disabled veteran license plates; amending s.
   49         321.03, F.S.; providing that it is unlawful to possess
   50         or color or cause to be colored a motor vehicle or
   51         motorcycle of the same or similar color as those
   52         prescribed for the Florida Highway Patrol unless
   53         specifically authorized by the Florida Highway Patrol;
   54         amending s. 321.05, F.S.; providing that officers of
   55         the Florida Highway Patrol have the same arrest and
   56         other authority as that provided for certain other
   57         state law enforcement officers; amending s. 322.01,
   58         F.S.; defining the term “tri-vehicle” and excluding
   59         such vehicles from the definition of “motorcycle”;
   60         amending s. 322.121, F.S.; revising legislative intent
   61         for reexamination of licensed drivers upon renewal of
   62         the driver’s license; removing a requirement that each
   63         licensee must pass a reexamination at the time of
   64         license renewal; amending s. 322.18, F.S.; providing
   65         that a person issued a driver’s license using proof of
   66         nonimmigrant classification under specified provisions
   67         is not eligible to renew that license; authorizing a
   68         licensed physician at a federally established veterans
   69         hospital to administer a vision test for purposes of
   70         renewing a driver’s license; correcting a cross
   71         reference; amending s. 322.2615, F.S.; revising
   72         requirements for information an officer must submit to
   73         the department after suspending a driver’s license for
   74         certain DUI offenses; removing a requirement that the
   75         officer submit a copy of a crash report; authorizing
   76         the officer to submit such report; amending s. 322.34,
   77         F.S.; providing that if a person does not hold a
   78         commercial driver’s license and is cited for an
   79         offense of knowingly driving while his or her license
   80         is suspended, revoked, or canceled, he or she may, in
   81         lieu of payment of a fine or court appearance, elect
   82         to enter a plea of nolo contendere and provide proof
   83         of compliance to the clerk of the court, designated
   84         official, or authorized operator of a traffic
   85         violations bureau; limiting a driver’s option to elect
   86         such a remedy; amending s. 322.61, F.S.; revising the
   87         period of disqualification from operating a commercial
   88         motor vehicle for a violation of an out-of-service
   89         order; amending s. 488.06, F.S.; specifying additional
   90         circumstances under which the department may suspend
   91         or revoke a license or certificate of a driving
   92         school; providing an effective date.
   93  
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsection (86) is added to section 316.003,
   97  Florida Statutes, to read:
   98         316.003 Definitions.—The following words and phrases, when
   99  used in this chapter, shall have the meanings respectively
  100  ascribed to them in this section, except where the context
  101  otherwise requires:
  102         (86) TRI-VEHICLE.—An enclosed three-wheeled passenger
  103  vehicle that:
  104         (a) Is designed to operate with three wheels in contact
  105  with the ground;
  106         (b) Has a minimum unladen weight of 900 lbs;
  107         (c) Has a single, completely enclosed, occupant
  108  compartment;
  109         (d) Is produced in a minimum quantity of 300 in any
  110  calendar year;
  111         (e) Is capable of a speed greater than 60 miles per hour on
  112  level ground; and
  113         (f) Is equipped with:
  114         1. Seats that are certified by the vehicle manufacturer to
  115  meet the requirements of Federal Motor Vehicle Safety Standard
  116  No. 207, “Seating systems” (49 C.F.R. s. 571.207);
  117         2. A steering wheel used to maneuver the vehicle;
  118         3. A propulsion unit located forward or aft of the enclosed
  119  occupant compartment;
  120         4. A seat belt for each vehicle occupant, certified to meet
  121  the requirements of Federal Motor Vehicle Safety Standard No.
  122  209, “Seat belt assemblies” (49. C.F.R. s. 571.209);
  123         5. A windshield and an appropriate windshield wiper and
  124  washer system that are certified by the vehicle manufacturer to
  125  meet the requirements of Federal Motor Vehicle Safety Standard
  126  No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
  127  Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
  128  Washing Systems” (49 C.F.R. s. 571.104); and
  129         6. A vehicle structure certified by the vehicle
  130  manufacturer to meet the requirements of Federal Motor Vehicle
  131  Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
  132  s. 571.216).
  133         Section 2. Paragraph (b) of subsection (1) of section
  134  316.0741, Florida Statutes, is amended to read:
  135         316.0741 High-occupancy-vehicle lanes.—
  136         (1) As used in this section, the term:
  137         (b) “Hybrid vehicle” means a motor vehicle:
  138         1. That draws propulsion energy from onboard sources of
  139  stored energy which are both an internal combustion or heat
  140  engine using combustible fuel and a rechargeable energy-storage
  141  system; and
  142         2. That, in the case of a passenger automobile or light
  143  truck, has received a certificate of conformity under the Clean
  144  Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
  145  equivalent qualifying California standards for a low-emission
  146  vehicle; and
  147         3. That, in the case of a tri-vehicle, is an inherently
  148  low-emission vehicle (ILEV), as provided in subsection (4).
  149         Section 3. Section 316.159, Florida Statutes, is amended to
  150  read:
  151         316.159 Certain vehicles to stop or slow at all railroad
  152  grade crossings.—
  153         (1) The driver of any motor vehicle carrying passengers for
  154  hire, excluding taxicabs, of any school bus carrying any school
  155  child, or of any vehicle carrying explosive substances or
  156  flammable liquids as a cargo or part of a cargo, before crossing
  157  at grade any track or tracks of a railroad, shall stop such
  158  vehicle within 50 feet but not less than 15 feet from the
  159  nearest rail of the railroad and, while so stopped, shall listen
  160  and look in both directions along the track for any approaching
  161  train, and for signals indicating the approach of a train,
  162  except as hereinafter provided, and shall not proceed until he
  163  or she can do so safely. After stopping as required herein and
  164  upon proceeding when it is safe to do so, the driver of any such
  165  vehicle shall cross only in a gear of the vehicle so that there
  166  will be no necessity for changing gears while traversing the
  167  crossing, and the driver shall not shift gears while crossing
  168  the track or tracks.
  169         (2) No stop need be made at any such crossing where a
  170  police officer, a traffic control signal, or a sign directs
  171  traffic to proceed. However, any school bus carrying any school
  172  child shall be required to stop unless directed to proceed by a
  173  police officer.
  174         (3)The driver of any commercial motor vehicle that is not
  175  required to stop under subsection (1) or subsection (2) before
  176  crossing the track or tracks of any railroad grade crossing
  177  shall slow the motor vehicle and check that the tracks are clear
  178  of an approaching train.
  179         (4)(3) A violation of this section is a noncriminal traffic
  180  infraction, punishable as a moving violation as provided in
  181  chapter 318.
  182         Section 4. Paragraphs (d) and (i) of subsection (6) and
  183  subsections (13) and (14) of section 316.193, Florida Statutes,
  184  are amended to read:
  185         316.193 Driving under the influence; penalties.—
  186         (6) With respect to any person convicted of a violation of
  187  subsection (1), regardless of any penalty imposed pursuant to
  188  subsection (2), subsection (3), or subsection (4):
  189         (d) The court must at the time of sentencing the defendant
  190  issue an order for the impoundment or immobilization of a
  191  vehicle. The order of impoundment or immobilization must include
  192  the name and telephone numbers of all immobilization agencies
  193  meeting all of the conditions of subsection (13). Within 7
  194  business days after the date that the court issues the order of
  195  impoundment or immobilization, the clerk of the court must send
  196  notice by certified mail, return receipt requested, to the
  197  registered owner of each vehicle, if the registered owner is a
  198  person other than the defendant, and to each person of record
  199  claiming a lien against the vehicle.
  200         (i) All costs and fees for the impoundment or
  201  immobilization, including the cost of notification, must be paid
  202  by the owner of the vehicle or, if the vehicle is leased or
  203  rented, by the person leasing or renting the vehicle, unless the
  204  impoundment or immobilization order is dismissed. All provisions
  205  of s. 713.78 shall apply. The costs and fees for the impoundment
  206  or immobilization must be paid directly to the person impounding
  207  or immobilizing the vehicle.
  208  
  209  For the purposes of this section, any conviction for a violation
  210  of s. 327.35; a previous conviction for the violation of former
  211  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  212  previous conviction outside this state for driving under the
  213  influence, driving while intoxicated, driving with an unlawful
  214  blood-alcohol level, driving with an unlawful breath-alcohol
  215  level, or any other similar alcohol-related or drug-related
  216  traffic offense, is also considered a previous conviction for
  217  violation of this section. However, in satisfaction of the fine
  218  imposed pursuant to this section, the court may, upon a finding
  219  that the defendant is financially unable to pay either all or
  220  part of the fine, order that the defendant participate for a
  221  specified additional period of time in public service or a
  222  community work project in lieu of payment of that portion of the
  223  fine which the court determines the defendant is unable to pay.
  224  In determining such additional sentence, the court shall
  225  consider the amount of the unpaid portion of the fine and the
  226  reasonable value of the services to be ordered; however, the
  227  court may not compute the reasonable value of services at a rate
  228  less than the federal minimum wage at the time of sentencing.
  229         (13)If personnel of the circuit court or the sheriff do
  230  not immobilize vehicles, only immobilization agencies that meet
  231  the conditions of this subsection shall immobilize vehicles in
  232  that judicial circuit.
  233         (a)The immobilization agency responsible for immobilizing
  234  vehicles in that judicial circuit shall be subject to strict
  235  compliance with all of the following conditions and
  236  restrictions:
  237         1.Any immobilization agency engaged in the business of
  238  immobilizing vehicles shall:
  239         a.Have a class “R” license issued pursuant to part IV of
  240  chapter 493;
  241         b.Have at least 3 years of verifiable experience in
  242  immobilizing vehicles; and
  243         c.Maintain accurate and complete records of all payments
  244  for the immobilization, copies of all documents pertaining to
  245  the court’s order of impoundment or immobilization, and any
  246  other documents relevant to each immobilization. Such records
  247  must be maintained by the immobilization agency for at least 3
  248  years.
  249         2.The person who immobilizes a vehicle must never have
  250  been convicted of any felony or of driving or boating under the
  251  influence of alcohol or a controlled substance in the last 3
  252  years.
  253         (b)A person who violates paragraph (a) commits a
  254  misdemeanor of the first degree, punishable as provided in s.
  255  775.082 or s. 775.083.
  256         (c)Any immobilization agency who is aggrieved by a
  257  person’s violation of paragraph (a) may bring a civil action
  258  against the person who violated paragraph (a) seeking injunctive
  259  relief, damages, reasonable attorney’s fees and costs, and any
  260  other remedy available at law or in equity as may be necessary
  261  to enforce this subsection. In any action to enforce this
  262  subsection, establishment of a violation of paragraph (a) shall
  263  conclusively establish a clear legal right to injunctive relief,
  264  that irreparable harm will be caused if an injunction does not
  265  issue, that no adequate remedy at law exists, and that public
  266  policy favors issuance of injunctive relief.
  267         (14)As used in this chapter, the term:
  268         (a)“Immobilization,” “immobilizing,” or “immobilize” means
  269  the act of installing a vehicle antitheft device on the steering
  270  wheel of a vehicle, the act of placing a tire lock or wheel
  271  clamp on a vehicle, or a governmental agency’s act of taking
  272  physical possession of the license tag and vehicle registration
  273  rendering a vehicle legally inoperable to prevent any person
  274  from operating the vehicle pursuant to an order of impoundment
  275  or immobilization under subsection (6).
  276         (b)“Immobilization agency” or “immobilization agencies”
  277  means any firm, company, agency, organization, partnership,
  278  corporation, association, trust, or other business entity of any
  279  kind whatsoever that meets all of the conditions of subsection
  280  (13).
  281         (c)“Impoundment,” “impounding,” or “impound” means the act
  282  of storing a vehicle at a storage facility pursuant to an order
  283  of impoundment or immobilization under subsection (6) where the
  284  person impounding the vehicle exercises control, supervision,
  285  and responsibility over the vehicle.
  286         (d)“Person” means any individual, firm, company, agency,
  287  organization, partnership, corporation, association, trust, or
  288  other business entity of any kind whatsoever.
  289         Section 5. Subsection (3) of section 316.646, Florida
  290  Statutes, is amended to read:
  291         316.646 Security required; proof of security and display
  292  thereof; dismissal of cases.—
  293         (3) Any person who violates this section commits a
  294  nonmoving traffic infraction subject to the penalty provided in
  295  chapter 318 and shall be required to furnish proof of security
  296  as provided in this section. If any person charged with a
  297  violation of this section fails to furnish proof, at or before
  298  the scheduled court appearance date, that security was in effect
  299  at the time of the violation, the court shall, upon conviction,
  300  notify the department to may immediately suspend the
  301  registration and driver’s license of such person. If the court
  302  fails to order the suspension of the person’s registration and
  303  driver’s license for a conviction of this section at the time of
  304  sentencing, the department shall, upon receiving notice of the
  305  conviction from the court, suspend the person’s registration and
  306  driver’s license for the violation of this section. Such license
  307  and registration may be reinstated only as provided in s.
  308  324.0221.
  309         Section 6. Subsections (1), (2), (3), (10), and (13) of
  310  section 318.14, Florida Statutes, are amended to read:
  311         318.14 Noncriminal traffic infractions; exception;
  312  procedures.—
  313         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
  314  person cited for a violation of chapter 316, s. 320.0605, s.
  315  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
  316  (3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
  317  charged with a noncriminal infraction and must be cited for such
  318  an infraction and cited to appear before an official. If another
  319  person dies as a result of the noncriminal infraction, the
  320  person cited may be required to perform 120 community service
  321  hours under s. 316.027(4), in addition to any other penalties.
  322         (2) Except as provided in s. 316.1001(2), any person cited
  323  for a violation requiring a mandatory hearing listed in s.
  324  318.19 or any other criminal traffic violation listed in chapter
  325  316 an infraction under this section must sign and accept a
  326  citation indicating a promise to appear. The officer may
  327  indicate on the traffic citation the time and location of the
  328  scheduled hearing and must indicate the applicable civil penalty
  329  established in s. 318.18.
  330         (3) Any person who willfully refuses to accept and sign a
  331  summons as provided in subsection (2) commits is guilty of a
  332  misdemeanor of the second degree.
  333         (10)(a) Any person who does not hold a commercial driver’s
  334  license and who is cited for an offense listed under this
  335  subsection may, in lieu of payment of fine or court appearance,
  336  elect to enter a plea of nolo contendere and provide proof of
  337  compliance to the clerk of the court, designated official, or
  338  authorized operator of a traffic violations bureau. In such
  339  case, adjudication shall be withheld; however, no election shall
  340  be made under this subsection if such person has made an
  341  election under this subsection in the 12 months preceding
  342  election hereunder. No person may make more than three elections
  343  under this subsection. This subsection applies to the following
  344  offenses:
  345         1. Operating a motor vehicle without a valid driver’s
  346  license in violation of the provisions of s. 322.03, s. 322.065,
  347  or s. 322.15(1), or operating a motor vehicle with a license
  348  that which has been suspended for failure to appear, failure to
  349  pay civil penalty, failure to pay any other financial obligation
  350  as provided in s. 322.245 other than those specified in s.
  351  322.245(1), or failure to attend a driver improvement course
  352  pursuant to s. 322.291.
  353         2. Operating a motor vehicle without a valid registration
  354  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  355         3. Operating a motor vehicle in violation of s. 316.646.
  356         4.Operating a motor vehicle with a license that has been
  357  suspended for child support in violation of s. 322.245 or s.
  358  61.13016.
  359         5.Operating a motor vehicle with a license which has been
  360  suspended in violation of s. 322.091.
  361         (b) Any person cited for an offense listed in this
  362  subsection shall present proof of compliance prior to the
  363  scheduled court appearance date. For the purposes of this
  364  subsection, proof of compliance shall consist of a valid,
  365  renewed, or reinstated driver’s license or registration
  366  certificate and proper proof of maintenance of security as
  367  required by s. 316.646. Notwithstanding waiver of fine, any
  368  person establishing proof of compliance shall be assessed court
  369  costs of $25, except that a person charged with violation of s.
  370  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  371  such costs shall be remitted to the Department of Revenue for
  372  deposit into the Child Welfare Training Trust Fund of the
  373  Department of Children and Family Services. One dollar of such
  374  costs shall be distributed to the Department of Juvenile Justice
  375  for deposit into the Juvenile Justice Training Trust Fund.
  376  Fourteen dollars of such costs shall be distributed to the
  377  municipality and $9 shall be deposited by the clerk of the court
  378  into the fine and forfeiture fund established pursuant to s.
  379  142.01, if the offense was committed within the municipality. If
  380  the offense was committed in an unincorporated area of a county
  381  or if the citation was for a violation of s. 316.646(1)-(3), the
  382  entire amount shall be deposited by the clerk of the court into
  383  the fine and forfeiture fund established pursuant to s. 142.01,
  384  except for the moneys to be deposited into the Child Welfare
  385  Training Trust Fund and the Juvenile Justice Training Trust
  386  Fund. This subsection shall not be construed to authorize the
  387  operation of a vehicle without a valid driver’s license, without
  388  a valid vehicle tag and registration, or without the maintenance
  389  of required security.
  390         (13)(a) A person cited for a violation of s. 316.1926
  391  shall, in addition to any other requirements provided in this
  392  section, pay a fine of $1,000. This fine is in lieu of the fine
  393  required under s. 318.18(3)(b), if the person was cited for
  394  violation of s. 316.1926(2).
  395         (b) A person cited for a second violation of s. 316.1926
  396  shall, in addition to any other requirements provided in this
  397  section, pay a fine of $2,500. This fine is in lieu of the fine
  398  required under s. 318.18(3)(b), if the person was cited for
  399  violation of s. 316.1926(2). In addition, the court shall revoke
  400  the person’s authorization and privilege to operate a motor
  401  vehicle for a period of 1 year and order the person to surrender
  402  his or her driver’s license.
  403         (c) A person cited for a third violation of s. 316.1926
  404  commits a felony of the third degree, punishable as provided in
  405  s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the
  406  court shall impose a fine of $5,000, revoke the person’s
  407  authorization and privilege to operate a motor vehicle for a
  408  period of 10 years, and order the person to surrender his or her
  409  driver’s license.
  410         Section 7. Paragraphs (a), (b), and (c) of subsection (3)
  411  of section 318.18, Florida Statutes, are amended to read:
  412         318.18 Amount of penalties.—The penalties required for a
  413  noncriminal disposition pursuant to s. 318.14 or a criminal
  414  offense listed in s. 318.17 are as follows:
  415         (3)(a) Except as otherwise provided in this section, $60
  416  for all moving violations not requiring a mandatory appearance.
  417         (b) For moving violations involving unlawful speed, the
  418  fines are as follows:
  419  
  420  For speed exceeding the limit by:                          Fine:
  421  1-5 m.p.h................................................Warning
  422  6-9 m.p.h....................................................$25
  423  10-14 m.p.h.................................................$100
  424  15-19 m.p.h.................................................$150
  425  20-29 m.p.h.................................................$175
  426  30 m.p.h. and above.........................................$250
  427         (c) Notwithstanding paragraph (b), a person cited for
  428  exceeding the speed limit by up to 5 m.p.h. in a legally posted
  429  school zone will be fined $50. A person exceeding the speed
  430  limit in a school zone or designated school crossing shall pay a
  431  fine double the amount listed in paragraph (b).
  432         Section 8. Paragraph (b) of subsection (1) of section
  433  320.071, Florida Statutes, is amended to read:
  434         320.071 Advance registration renewal; procedures.—
  435         (1)
  436         (b) The owner of any apportioned motor vehicle currently
  437  registered in this state may file an application for renewal of
  438  registration with the department any time during the 3 5 months
  439  preceding the date of expiration of the registration period.
  440         Section 9. Section 320.08, Florida Statutes, is amended to
  441  read:
  442         320.08 License taxes.—Except as otherwise provided herein,
  443  there are hereby levied and imposed annual license taxes for the
  444  operation of motor vehicles, mopeds, motorized bicycles as
  445  defined in s. 316.003(2), tri-vehicles, as defined in s.
  446  316.003, and mobile homes, as defined in s. 320.01, which shall
  447  be paid to and collected by the department or its agent upon the
  448  registration or renewal of registration of the following:
  449         (1) MOTORCYCLES AND MOPEDS.—
  450         (a) Any motorcycle: $13.50 flat, of which $3.50 shall be
  451  deposited into the General Revenue Fund.
  452         (b) Any moped: $6.75 flat, of which $1.75 shall be
  453  deposited into the General Revenue Fund.
  454         (c) Upon registration of any motorcycle, motor-driven
  455  cycle, or moped there shall be paid in addition to the license
  456  taxes specified in this subsection a nonrefundable motorcycle
  457  safety education fee in the amount of $2.50. The proceeds of
  458  such additional fee shall be deposited in the Highway Safety
  459  Operating Trust Fund to fund a motorcycle driver improvement
  460  program implemented pursuant to s. 322.025, the Florida
  461  Motorcycle Safety Education Program established in s. 322.0255,
  462  or the general operations of the department.
  463         (d) An ancient or antique motorcycle: $13.50 flat, of which
  464  $3.50 shall be deposited into the General Revenue Fund.
  465         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  466         (a) An ancient or antique automobile, as defined in s.
  467  320.086, or a street rod, as defined in s. 320.0863: $10.25
  468  flat, of which $2.75 shall be deposited into the General Revenue
  469  Fund.
  470         (b) Net weight of less than 2,500 pounds: $19.50 flat, of
  471  which $5 shall be deposited into the General Revenue Fund.
  472         (c) Net weight of 2,500 pounds or more, but less than 3,500
  473  pounds: $30.50 flat, of which $8 shall be deposited into the
  474  General Revenue Fund.
  475         (d) Net weight of 3,500 pounds or more: $44 flat, of which
  476  $11.50 shall be deposited into the General Revenue Fund.
  477         (3) TRUCKS.—
  478         (a) Net weight of less than 2,000 pounds: $19.50 flat, of
  479  which $5 shall be deposited into the General Revenue Fund.
  480         (b) Net weight of 2,000 pounds or more, but not more than
  481  3,000 pounds: $30.50 flat, of which $8 shall be deposited into
  482  the General Revenue Fund.
  483         (c) Net weight more than 3,000 pounds, but not more than
  484  5,000 pounds: $44 flat, of which $11.50 shall be deposited into
  485  the General Revenue Fund.
  486         (d) A truck defined as a “goat,” or any other vehicle if
  487  used in the field by a farmer or in the woods for the purpose of
  488  harvesting a crop, including naval stores, during such
  489  harvesting operations, and which is not principally operated
  490  upon the roads of the state: $10.25 flat, of which $2.75 shall
  491  be deposited into the General Revenue Fund. A “goat” is a motor
  492  vehicle designed, constructed, and used principally for the
  493  transportation of citrus fruit within citrus groves or for the
  494  transportation of crops on farms, and which can also be used for
  495  the hauling of associated equipment or supplies, including
  496  required sanitary equipment, and the towing of farm trailers.
  497         (e) An ancient or antique truck, as defined in s. 320.086:
  498  $10.25 flat, of which $2.75 shall be deposited into the General
  499  Revenue Fund.
  500         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  501  VEHICLE WEIGHT.—
  502         (a) Gross vehicle weight of 5,001 pounds or more, but less
  503  than 6,000 pounds: $60.75 flat, of which $15.75 shall be
  504  deposited into the General Revenue Fund.
  505         (b) Gross vehicle weight of 6,000 pounds or more, but less
  506  than 8,000 pounds: $87.75 flat, of which $22.75 shall be
  507  deposited into the General Revenue Fund.
  508         (c) Gross vehicle weight of 8,000 pounds or more, but less
  509  than 10,000 pounds: $103 flat, of which $27 shall be deposited
  510  into the General Revenue Fund.
  511         (d) Gross vehicle weight of 10,000 pounds or more, but less
  512  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  513  into the General Revenue Fund.
  514         (e) Gross vehicle weight of 15,000 pounds or more, but less
  515  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  516  into the General Revenue Fund.
  517         (f) Gross vehicle weight of 20,000 pounds or more, but less
  518  than 26,001 pounds: $251 flat, of which $65 shall be deposited
  519  into the General Revenue Fund.
  520         (g) Gross vehicle weight of 26,001 pounds or more, but less
  521  than 35,000: $324 flat, of which $84 shall be deposited into the
  522  General Revenue Fund.
  523         (h) Gross vehicle weight of 35,000 pounds or more, but less
  524  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  525  into the General Revenue Fund.
  526         (i) Gross vehicle weight of 44,000 pounds or more, but less
  527  than 55,000 pounds: $773 flat, of which $201 shall be deposited
  528  into the General Revenue Fund.
  529         (j) Gross vehicle weight of 55,000 pounds or more, but less
  530  than 62,000 pounds: $916 flat, of which $238 shall be deposited
  531  into the General Revenue Fund.
  532         (k) Gross vehicle weight of 62,000 pounds or more, but less
  533  than 72,000 pounds: $1,080 flat, of which $280 shall be
  534  deposited into the General Revenue Fund.
  535         (l) Gross vehicle weight of 72,000 pounds or more: $1,322
  536  flat, of which $343 shall be deposited into the General Revenue
  537  Fund.
  538         (m) Notwithstanding the declared gross vehicle weight, a
  539  truck tractor used within a 150-mile radius of its home address
  540  is eligible for a license plate for a fee of $324 flat if:
  541         1. The truck tractor is used exclusively for hauling
  542  forestry products; or
  543         2. The truck tractor is used primarily for the hauling of
  544  forestry products, and is also used for the hauling of
  545  associated forestry harvesting equipment used by the owner of
  546  the truck tractor.
  547  
  548  Of the fee imposed by this paragraph, $84 shall be deposited
  549  into the General Revenue Fund.
  550         (n) A truck tractor or heavy truck, not operated as a for
  551  hire vehicle, which is engaged exclusively in transporting raw,
  552  unprocessed, and nonmanufactured agricultural or horticultural
  553  products within a 150-mile radius of its home address, is
  554  eligible for a restricted license plate for a fee of:
  555         1. If such vehicle’s declared gross vehicle weight is less
  556  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
  557  deposited into the General Revenue Fund.
  558         2. If such vehicle’s declared gross vehicle weight is
  559  44,000 pounds or more and such vehicle only transports from the
  560  point of production to the point of primary manufacture; to the
  561  point of assembling the same; or to a shipping point of a rail,
  562  water, or motor transportation company, $324 flat, of which $84
  563  shall be deposited into the General Revenue Fund.
  564  
  565  Such not-for-hire truck tractors and heavy trucks used
  566  exclusively in transporting raw, unprocessed, and
  567  nonmanufactured agricultural or horticultural products may be
  568  incidentally used to haul farm implements and fertilizers
  569  delivered direct to the growers. The department may require any
  570  documentation deemed necessary to determine eligibility prior to
  571  issuance of this license plate. For the purpose of this
  572  paragraph, “not-for-hire” means the owner of the motor vehicle
  573  must also be the owner of the raw, unprocessed, and
  574  nonmanufactured agricultural or horticultural product, or the
  575  user of the farm implements and fertilizer being delivered.
  576         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  577  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  578         (a)1. A semitrailer drawn by a GVW truck tractor by means
  579  of a fifth-wheel arrangement: $13.50 flat per registration year
  580  or any part thereof, of which $3.50 shall be deposited into the
  581  General Revenue Fund.
  582         2. A semitrailer drawn by a GVW truck tractor by means of a
  583  fifth-wheel arrangement: $68 flat per permanent registration, of
  584  which $18 shall be deposited into the General Revenue Fund.
  585         (b) A motor vehicle equipped with machinery and designed
  586  for the exclusive purpose of well drilling, excavation,
  587  construction, spraying, or similar activity, and which is not
  588  designed or used to transport loads other than the machinery
  589  described above over public roads: $44 flat, of which $11.50
  590  shall be deposited into the General Revenue Fund.
  591         (c) A school bus used exclusively to transport pupils to
  592  and from school or school or church activities or functions
  593  within their own county: $41 flat, of which $11 shall be
  594  deposited into the General Revenue Fund.
  595         (d) A wrecker, as defined in s. 320.01(40), which is used
  596  to tow a vessel as defined in s. 327.02(39), a disabled,
  597  abandoned, stolen-recovered, or impounded motor vehicle as
  598  defined in s. 320.01(38), or a replacement motor vehicle as
  599  defined in s. 320.01(39): $41 flat, of which $11 shall be
  600  deposited into the General Revenue Fund.
  601         (e) A wrecker that is used to tow any motor vehicle,
  602  regardless of whether such motor vehicle is a disabled motor
  603  vehicle, a replacement motor vehicle, a vessel, or any other
  604  cargo, as follows:
  605         1. Gross vehicle weight of 10,000 pounds or more, but less
  606  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  607  into the General Revenue Fund.
  608         2. Gross vehicle weight of 15,000 pounds or more, but less
  609  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  610  into the General Revenue Fund.
  611         3. Gross vehicle weight of 20,000 pounds or more, but less
  612  than 26,000 pounds: $251 flat, of which $65 shall be deposited
  613  into the General Revenue Fund.
  614         4. Gross vehicle weight of 26,000 pounds or more, but less
  615  than 35,000 pounds: $324 flat, of which $84 shall be deposited
  616  into the General Revenue Fund.
  617         5. Gross vehicle weight of 35,000 pounds or more, but less
  618  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  619  into the General Revenue Fund.
  620         6. Gross vehicle weight of 44,000 pounds or more, but less
  621  than 55,000 pounds: $772 flat, of which $200 shall be deposited
  622  into the General Revenue Fund.
  623         7. Gross vehicle weight of 55,000 pounds or more, but less
  624  than 62,000 pounds: $915 flat, of which $237 shall be deposited
  625  into the General Revenue Fund.
  626         8. Gross vehicle weight of 62,000 pounds or more, but less
  627  than 72,000 pounds: $1,080 flat, of which $280 shall be
  628  deposited into the General Revenue Fund.
  629         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  630  flat, of which $343 shall be deposited into the General Revenue
  631  Fund.
  632         (f) A hearse or ambulance: $40.50 flat, of which $10.50
  633  shall be deposited into the General Revenue Fund.
  634         (6) MOTOR VEHICLES FOR HIRE.—
  635         (a) Under nine passengers: $17 flat, of which $4.50 shall
  636  be deposited into the General Revenue Fund; plus $1.50 per cwt,
  637  of which 50 cents shall be deposited into the General Revenue
  638  Fund.
  639         (b) Nine passengers and over: $17 flat, of which $4.50
  640  shall be deposited into the General Revenue Fund; plus $2 per
  641  cwt, of which 50 cents shall be deposited into the General
  642  Revenue Fund.
  643         (7) TRAILERS FOR PRIVATE USE.—
  644         (a) Any trailer weighing 500 pounds or less: $6.75 flat per
  645  year or any part thereof, of which $1.75 shall be deposited into
  646  the General Revenue Fund.
  647         (b) Net weight over 500 pounds: $3.50 flat, of which $1
  648  shall be deposited into the General Revenue Fund; plus $1 per
  649  cwt, of which 25 cents shall be deposited into the General
  650  Revenue Fund.
  651         (8) TRAILERS FOR HIRE.—
  652         (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
  653  shall be deposited into the General Revenue Fund; plus $1.50 per
  654  cwt, of which 50 cents shall be deposited into the General
  655  Revenue Fund.
  656         (b) Net weight 2,000 pounds or more: $13.50 flat, of which
  657  $3.50 shall be deposited into the General Revenue Fund; plus
  658  $1.50 per cwt, of which 50 cents shall be deposited into the
  659  General Revenue Fund.
  660         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  661         (a) A travel trailer or fifth-wheel trailer, as defined by
  662  s. 320.01(1)(b), that does not exceed 35 feet in length: $27
  663  flat, of which $7 shall be deposited into the General Revenue
  664  Fund.
  665         (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
  666  $13.50 flat, of which $3.50 shall be deposited into the General
  667  Revenue Fund.
  668         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  669         1. Net weight of less than 4,500 pounds: $27 flat, of which
  670  $7 shall be deposited into the General Revenue Fund.
  671         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  672  which $12.25 shall be deposited into the General Revenue Fund.
  673         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  674         1. Net weight of less than 4,500 pounds: $27 flat, of which
  675  $7 shall be deposited into the General Revenue Fund.
  676         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  677  which $12.25 shall be deposited into the General Revenue Fund.
  678         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  679         1. Net weight of less than 4,500 pounds: $27 flat, of which
  680  $7 shall be deposited into the General Revenue Fund.
  681         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  682  which $12.25 shall be deposited into the General Revenue Fund.
  683         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  684  35 FEET TO 40 FEET.—
  685         (a) Park trailers.—Any park trailer, as defined in s.
  686  320.01(1)(b)7.: $25 flat.
  687         (b) A travel trailer or fifth-wheel trailer, as defined in
  688  s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
  689         (11) MOBILE HOMES.—
  690         (a) A mobile home not exceeding 35 feet in length: $20
  691  flat.
  692         (b) A mobile home over 35 feet in length, but not exceeding
  693  40 feet: $25 flat.
  694         (c) A mobile home over 40 feet in length, but not exceeding
  695  45 feet: $30 flat.
  696         (d) A mobile home over 45 feet in length, but not exceeding
  697  50 feet: $35 flat.
  698         (e) A mobile home over 50 feet in length, but not exceeding
  699  55 feet: $40 flat.
  700         (f) A mobile home over 55 feet in length, but not exceeding
  701  60 feet: $45 flat.
  702         (g) A mobile home over 60 feet in length, but not exceeding
  703  65 feet: $50 flat.
  704         (h) A mobile home over 65 feet in length: $80 flat.
  705         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  706  motor vehicle dealer, independent motor vehicle dealer, marine
  707  boat trailer dealer, or mobile home dealer and manufacturer
  708  license plate: $17 flat, of which $4.50 shall be deposited into
  709  the General Revenue Fund.
  710         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  711  official license plate: $4 flat, of which $1 shall be deposited
  712  into the General Revenue Fund.
  713         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  714  vehicle for hire operated wholly within a city or within 25
  715  miles thereof: $17 flat, of which $4.50 shall be deposited into
  716  the General Revenue Fund; plus $2 per cwt, of which 50 cents
  717  shall be deposited into the General Revenue Fund.
  718         (15) TRANSPORTER.—Any transporter license plate issued to a
  719  transporter pursuant to s. 320.133: $101.25 flat, of which
  720  $26.25 shall be deposited into the General Revenue Fund.
  721         Section 10. Subsections (1) and (2) of section 320.0807,
  722  Florida Statutes, are amended to read:
  723         320.0807 Special license plates for Governor and federal
  724  and state legislators.—
  725         (1) Upon application by any member of the House of
  726  Representatives of Congress and payment of the fees prescribed
  727  by s. 320.0805, the department is authorized to issue to such
  728  Member of Congress a license plate stamped “Member of Congress”
  729  followed by the number of the appropriate congressional district
  730  and the letters “MC,” or any other configuration chosen by the
  731  member which is not already in use. Upon application by a United
  732  States Senator and payment of the fees prescribed by s.
  733  320.0805, the department is authorized to issue a license plate
  734  stamped “USS,” followed by the numeral II in the case of the
  735  junior senator.
  736         (2) Upon application by any member of the state House of
  737  Representatives and payment of the fees prescribed by s.
  738  320.0805, the department is authorized to issue such state
  739  representative license plates stamped in bold letters “State
  740  Legislator,” followed by the number of the appropriate House of
  741  Representatives district and the letters “HR,” or any other
  742  configuration chosen by the member which is not already in use
  743  on one plate; the numbers of the other plates will be assigned
  744  by the department. Upon application by a state senator and
  745  payment of the fees prescribed by s. 320.0805, the department is
  746  authorized to issue license plates stamped in bold letters
  747  “State Senator,” followed by the number of the appropriate
  748  Senate district and the letters “SS,” or any other configuration
  749  chosen by the member which is not already in use on one plate;
  750  the numbers of the other plates will be assigned by the
  751  department.
  752         Section 11. Subsection (4) of section 320.084, Florida
  753  Statutes, is amended to read:
  754         320.084 Free motor vehicle license plate to certain
  755  disabled veterans.—
  756         (4)(a) With the issuance of each new permanent “DV”
  757  numerical motor vehicle license plate, the department shall
  758  initially issue, without cost to the applicant, a validation
  759  sticker reflecting the owner’s birth month and a serially
  760  numbered validation sticker reflecting the year of expiration.
  761  The initial sticker reflecting the year of expiration may not
  762  exceed 27 15 months.
  763         (b) There shall be a service charge in accordance with the
  764  provisions of s. 320.04 for each initial application or renewal
  765  of registration and an additional sum of 50 cents on each
  766  license plate and validation sticker as provided in s.
  767  320.06(3)(b).
  768         (c) Registration under this section shall be renewed
  769  annually or biennially during the applicable renewal period on
  770  forms prescribed by the department, which shall include, in
  771  addition to any other information required by the department, a
  772  certified statement as to the continued eligibility of the
  773  applicant to receive the special “DV” license plate. Any
  774  applicant who falsely or fraudulently submits to the department
  775  the certified statement required by this paragraph is guilty of
  776  a noncriminal violation and is subject to a civil penalty of
  777  $50.
  778         Section 12. Section 321.03, Florida Statutes, is amended to
  779  read:
  780         321.03 Imitations prohibited; penalty.—Unless specifically
  781  authorized by the Florida Highway Patrol, it shall be unlawful
  782  for any a person or persons in the state shall not to color or
  783  cause to be colored any motor vehicle or motorcycle the same or
  784  similar color as the color or colors so prescribed for the
  785  Florida Highway Patrol. A Any person who violates violating any
  786  of the provisions of this section or s. 321.02 with respect to
  787  uniforms, emblems, motor vehicles and motorcycles commits shall
  788  be guilty of a misdemeanor of the first degree, punishable as
  789  provided in s. 775.082 or s. 775.083. The Department of Highway
  790  Safety and Motor Vehicles shall employ such clerical help and
  791  mechanics as may be necessary for the economical and efficient
  792  operation of such department.
  793         Section 13. Section 321.05, Florida Statutes, is amended to
  794  read:
  795         321.05 Duties, functions, and powers of patrol officers.
  796  The members of the Florida Highway Patrol are hereby declared to
  797  be conservators of the peace and law enforcement officers of the
  798  state, with the common-law right to arrest a person who, in the
  799  presence of the arresting officer, commits a felony or commits
  800  an affray or breach of the peace constituting a misdemeanor,
  801  with full power to bear arms; and they shall apprehend, without
  802  warrant, any person in the unlawful commission of any of the
  803  acts over which the members of the Florida Highway Patrol are
  804  given jurisdiction as hereinafter set out and deliver him or her
  805  to the sheriff of the county that further proceedings may be had
  806  against him or her according to law. In the performance of any
  807  of the powers, duties, and functions authorized by law, members
  808  of the Florida Highway Patrol shall have the same protections
  809  and immunities afforded other peace officers, which shall be
  810  recognized by all courts having jurisdiction over offenses
  811  against the laws of this state, and shall have authority to
  812  apply for, serve, and execute search warrants, arrest warrants,
  813  capias, and other process of the court in those matters in which
  814  patrol officers have primary responsibility as set forth in
  815  subsection (1). The patrol officers under the direction and
  816  supervision of the Department of Highway Safety and Motor
  817  Vehicles shall perform and exercise throughout the state the
  818  following duties, functions, and powers:
  819         (1) To patrol the state highways and regulate, control, and
  820  direct the movement of traffic thereon; to maintain the public
  821  peace by preventing violence on highways; to apprehend fugitives
  822  from justice; to enforce all laws now in effect regulating and
  823  governing traffic, travel, and public safety upon the public
  824  highways and providing for the protection of the public highways
  825  and public property thereon; to make arrests without warrant for
  826  the violation of any state law committed in their presence in
  827  accordance with the laws of this state; providing that no search
  828  shall be made unless it is incident to a lawful arrest, to
  829  regulate and direct traffic concentrations and congestions; to
  830  enforce laws governing the operation, licensing, and taxing and
  831  limiting the size, weight, width, length, and speed of vehicles
  832  and licensing and controlling the operations of drivers and
  833  operators of vehicles; to cooperate with officials designated by
  834  law to collect all state fees and revenues levied as an incident
  835  to the use or right to use the highways for any purpose; to
  836  require the drivers of vehicles to stop and exhibit their
  837  driver’s licenses, registration cards, or documents required by
  838  law to be carried by such vehicles; to investigate traffic
  839  accidents, secure testimony of witnesses and of persons
  840  involved, and make report thereof with copy, when requested in
  841  writing, to any person in interest or his or her attorney; to
  842  investigate reported thefts of vehicles and to seize contraband
  843  or stolen property on or being transported on the highways. Each
  844  law enforcement officer is subject to and have the same arrest
  845  and other authority provided for law enforcement officers
  846  generally in chapter 901 and have statewide jurisdiction. Each
  847  officer shall also have arrest authority as provided for state
  848  law enforcement officers in s. 901.15. This section shall not be
  849  construed as being in conflict with, but is supplemental to,
  850  chapter 933.
  851         (2) To assist other constituted law enforcement officers of
  852  the state to quell mobs and riots, guard prisoners, and police
  853  disaster areas.
  854         (3)(a) To make arrests while in fresh pursuit of a person
  855  believed to have violated the traffic and other laws.
  856         (b) To make arrest of a person wanted for a felony or
  857  against whom a warrant has been issued on any charge in
  858  violation of federal, state, or county laws or municipal
  859  ordinances.
  860         (4)(a) All fines and costs and the proceeds of the
  861  forfeiture of bail bonds and recognizances resulting from the
  862  enforcement of this chapter by patrol officers shall be paid
  863  into the fine and forfeiture fund established pursuant to s.
  864  142.01 of the county where the offense is committed. In all
  865  cases of arrest by patrol officers, the person arrested shall be
  866  delivered forthwith by the said officer to the sheriff of the
  867  county, or he or she shall obtain from the such person arrested
  868  a recognizance or, if deemed necessary, a cash bond or other
  869  sufficient security conditioned for his or her appearance before
  870  the proper tribunal of the such county to answer the charge for
  871  which he or she has been arrested; and all fees accruing shall
  872  be taxed against the party arrested, which fees are hereby
  873  declared to be part of the compensation of the said sheriffs
  874  authorized to be fixed by the Legislature under s. 5(c), Art. II
  875  of the State Constitution, to be paid such sheriffs in the same
  876  manner as fees are paid for like services in other criminal
  877  cases. All patrol officers are hereby directed to deliver all
  878  bonds accepted and approved by them to the sheriff of the county
  879  in which the offense is alleged to have been committed. However,
  880  a no sheriff shall not be paid any arrest fee for the arrest of
  881  a person for violation of any section of chapter 316 when the
  882  arresting officer was transported in a Florida Highway Patrol
  883  car to the vicinity where the arrest was made; and a no sheriff
  884  shall not be paid any fee for mileage for himself or herself or
  885  a prisoner for miles traveled in a Florida Highway Patrol car. A
  886  No patrol officer is not shall be entitled to any fee or mileage
  887  cost except when responding to a subpoena in a civil cause or
  888  except when the such patrol officer is appearing as an official
  889  witness to testify at any hearing or law action in any court of
  890  this state as a direct result of his or her employment as a
  891  patrol officer during time not compensated as a part of his or
  892  her normal duties. Nothing herein shall be construed as limiting
  893  the power to locate and to take from any person under arrest or
  894  about to be arrested deadly weapons. Nothing contained in This
  895  section is not shall be construed as a limitation upon existing
  896  powers and duties of sheriffs or police officers.
  897         (b) Any person so arrested and released on his or her own
  898  recognizance by an officer and who fails shall fail to appear or
  899  respond to a notice to appear shall, in addition to the traffic
  900  violation charge, commits be guilty of a noncriminal traffic
  901  infraction subject to the penalty provided in s. 318.18(2).
  902         (5) The department may employ or assign some fit and
  903  suitable person with experience in the field of public relations
  904  who shall have the duty to promote, coordinate, and publicize
  905  the traffic safety activities in the state and assign such
  906  person to the office of the Governor at a salary to be fixed by
  907  the department. The person so assigned or employed shall be a
  908  member of the uniform division of the Florida Highway Patrol,
  909  and he or she shall have the pay and rank of lieutenant while on
  910  such assignment.
  911         (6) The Division of Florida Highway Patrol is authorized to
  912  adopt promulgate rules and regulations which may be necessary to
  913  implement the provisions of chapter 316.
  914         Section 14. Subsection (26) of section 322.01, Florida
  915  Statutes, is amended, and subsection (46) is added to that
  916  section, to read:
  917         322.01 Definitions.—As used in this chapter:
  918         (26) “Motorcycle” means a motor vehicle powered by a motor
  919  with a displacement of more than 50 cubic centimeters, having a
  920  seat or saddle for the use of the rider, and designed to travel
  921  on not more than three wheels in contact with the ground, but
  922  excluding a tractor, tri-vehicle, or moped.
  923         (46)“Tri-vehicle” means an enclosed three-wheeled
  924  passenger vehicle that:
  925         (a) Is designed to operate with three wheels in contact
  926  with the ground;
  927         (b) Has a minimum unladen weight of 900 lbs;
  928         (c) Has a single, completely enclosed, occupant
  929  compartment;
  930         (d) Is produced in a minimum quantity of 300 in any
  931  calendar year;
  932         (e) Is capable of a speed greater than 60 miles per hour on
  933  level ground; and
  934         (f) Is equipped with:
  935         1. Seats that are certified by the vehicle manufacturer to
  936  meet the requirements of Federal Motor Vehicle Safety Standard
  937  No. 207, “Seating systems” (49 C.F.R. s. 571.207);
  938         2. A steering wheel used to maneuver the vehicle;
  939         3. A propulsion unit located forward or aft of the enclosed
  940  occupant compartment;
  941         4. A seat belt for each vehicle occupant, certified to meet
  942  the requirements of Federal Motor Vehicle Safety Standard No.
  943  209, “Seat belt assemblies” (49. C.F.R. s. 571.209);
  944         5. A windshield and an appropriate windshield wiper and
  945  washer system that are certified by the vehicle manufacture to
  946  meet the requirements of Federal Motor Vehicle Safety Standard
  947  No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
  948  Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
  949  Washing Systems” (49 C.F.R. s. 571.104); and
  950         6. A vehicle structure certified by the vehicle
  951  manufacturer to meet the requirements of Federal Motor Vehicle
  952  Safety Standard No. 216, “Rollover crush resistance,” (49 C.F.R.
  953  s. 571.216).
  954         Section 15. Section 322.121, Florida Statutes, is amended
  955  to read:
  956         322.121 Periodic reexamination of all drivers.—
  957         (1) It is the intent of the Legislature that all licensed
  958  drivers in Florida be reexamined upon renewal of their licenses.
  959  Because only a small percentage of drivers in the state are
  960  categorized as problem drivers, the Legislature intends that
  961  renewals the large number of drivers who have not had any
  962  convictions for the 3 years preceding renewal and whose driving
  963  privilege in this state has not been revoked, disqualified, or
  964  suspended at any time during the 7 years preceding renewal be
  965  processed expeditiously upon renewal of their licenses by
  966  examinations of the licensee’s their eyesight and hearing only
  967  and that all other licensees be tested, in addition to the
  968  eyesight and hearing examinations, with respect to their ability
  969  to read and understand highway signs regulating, warning, and
  970  directing traffic.
  971         (2)Each licensee must pass a reexamination at the time of
  972  renewal, except as otherwise provided in this chapter. For each
  973  licensee whose driving record does not show any convictions for
  974  the preceding 3 years or any revocations, disqualifications, or
  975  suspensions for the preceding 7 years; and who, at the time of
  976  renewal, presents a renewal notice verifying such safe driving
  977  record, the reexamination shall consist of tests of the
  978  licensee’s eyesight and hearing. For all other licensees, in
  979  addition to the eyesight and hearing tests, the reexamination
  980  must include tests of the ability to read and understand highway
  981  signs and pavement markings regulating, warning, and directing
  982  traffic.
  983         (2)(3) For each licensee whose driving record does not show
  984  any revocations, disqualifications, or suspensions for the
  985  preceding 7 years or any convictions for the preceding 3 years
  986  except for convictions of the following nonmoving violations:
  987         (a) Failure to exhibit a vehicle registration certificate,
  988  rental agreement, or cab card pursuant to s. 320.0605;
  989         (b) Failure to renew a motor vehicle or mobile home
  990  registration that has been expired for 4 months or less pursuant
  991  to s. 320.07(3)(a);
  992         (c) Operating a motor vehicle with an expired license that
  993  has been expired for 4 months or less pursuant to s. 322.065;
  994         (d) Failure to carry or exhibit a license pursuant to s.
  995  322.15(1); or
  996         (e) Failure to notify the department of a change of address
  997  or name within 10 days pursuant to s. 322.19,
  998  
  999  the department shall cause such licensee’s license to be
 1000  prominently marked with the notation “Safe Driver.”
 1001         (3)(4) Eyesight examinations must be administered as
 1002  provided in s. 322.12.
 1003         (4)(5) An examination fee may not be assessed for
 1004  reexamination required by this section.
 1005         (5)(6) Members of the Armed Forces, or their dependents
 1006  residing with them, shall be granted an automatic extension for
 1007  the expiration of their licenses without reexamination while
 1008  serving on active duty outside this state. This extension is
 1009  valid for 90 days after the member of the Armed Forces is either
 1010  discharged or returns to this state to live.
 1011         (6)(7) In addition to any other examination authorized by
 1012  this section, an applicant for a renewal of a commercial
 1013  driver’s license may be required to complete successfully an
 1014  examination of his or her knowledge regarding state and federal
 1015  rules, regulations, and laws, governing the type of vehicle
 1016  which he or she is applying to be licensed to operate.
 1017         (7)(8) In addition to any other examination authorized by
 1018  this section, an applicant for a renewal of an endorsement
 1019  issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
 1020  required to complete successfully an examination of his or her
 1021  knowledge regarding state and federal rules, regulations, and
 1022  laws, governing the type of vehicle which he or she is seeking
 1023  an endorsement to operate.
 1024         Section 16. Paragraph (c) is added to subsection (1) of
 1025  section 322.18, Florida Statutes, paragraph (a) of subsection
 1026  (5) and paragraph (c) of subsection (8) of that section are
 1027  amended, to read:
 1028         322.18 Original applications, licenses, and renewals;
 1029  expiration of licenses; delinquent licenses.—
 1030         (1)
 1031         (c)A person who has been issued a driver’s license using
 1032  documentation specified in s. 322.08(2)(c)8. as proof of
 1033  identity is not eligible to renew that license and must obtain
 1034  an original license.
 1035         (5) All renewal driver’s licenses may be issued after the
 1036  applicant licensee has been determined to be eligible by the
 1037  department.
 1038         (a) A licensee who is otherwise eligible for renewal and
 1039  who is at least 80 years of age:
 1040         1. Must submit to and pass a vision test administered at
 1041  any driver’s license office; or
 1042         2. If the licensee applies for a renewal using a
 1043  convenience service as provided in subsection (8), he or she
 1044  must submit to a vision test administered by a physician
 1045  licensed under chapter 458 or chapter 459, or an optometrist
 1046  licensed under chapter 463, or a licensed physician at a
 1047  federally established veterans hospital, must send the results
 1048  of that test to the department on a form obtained from the
 1049  department and signed by such health care practitioner, and must
 1050  meet vision standards that are equivalent to the standards for
 1051  passing the departmental vision test. The physician or
 1052  optometrist may submit the results of a vision test by a
 1053  department-approved electronic means.
 1054         (8) The department shall issue 8-year renewals using a
 1055  convenience service without reexamination to drivers who have
 1056  not attained 80 years of age. The department shall issue 6-year
 1057  renewals using a convenience service when the applicant has
 1058  satisfied the requirements of subsection (5).
 1059         (c) The department shall issue one renewal using a
 1060  convenience service. A person who is out of this state when his
 1061  or her license expires may be issued a 90-day temporary driving
 1062  permit without reexamination. At the end of the 90-day period,
 1063  the person must either return to this state or apply for a
 1064  license where the person is located, except for a member of the
 1065  Armed Forces as provided in s. 322.121(5) s. 322.121(6).
 1066         Section 17. Subsection (2) of section 322.2615, Florida
 1067  Statutes, is amended to read:
 1068         322.2615 Suspension of license; right to review.—
 1069         (2) Except as provided in paragraph (1)(a), the law
 1070  enforcement officer shall forward to the department, within 5
 1071  days after issuing the notice of suspension, the driver’s
 1072  license; an affidavit stating the officer’s grounds for belief
 1073  that the person was driving or in actual physical control of a
 1074  motor vehicle while under the influence of alcoholic beverages
 1075  or chemical or controlled substances; the results of any breath
 1076  or blood test or an affidavit stating that a breath, blood, or
 1077  urine test was requested by a law enforcement officer or
 1078  correctional officer and that the person refused to submit; the
 1079  officer’s description of the person’s field sobriety test, if
 1080  any; and the notice of suspension; and a copy of the crash
 1081  report, if any. The failure of the officer to submit materials
 1082  within the 5-day period specified in this subsection and in
 1083  subsection (1) does not affect the department’s ability to
 1084  consider any evidence submitted at or prior to the hearing. The
 1085  officer may also submit a copy of the crash report, a copy of a
 1086  videotape of the field sobriety test or the attempt to
 1087  administer such test. Materials submitted to the department by a
 1088  law enforcement agency or correctional agency shall be
 1089  considered self-authenticating and shall be in the record for
 1090  consideration by the hearing officer. Notwithstanding s.
 1091  316.066(7), the crash report shall be considered by the hearing
 1092  officer.
 1093         Section 18. Subsection (11) is added to section 322.34,
 1094  Florida Statutes, to read:
 1095         322.34 Driving while license suspended, revoked, canceled,
 1096  or disqualified.—
 1097         (11)(a)A person who does not hold a commercial driver
 1098  license and who is cited for an offense of knowingly driving
 1099  while his or her license is suspended, revoked, or canceled for
 1100  any of the underlying violations listed in paragraph (10)(a)
 1101  may, in lieu of payment of fine or court appearance, elect to
 1102  enter a plea of nolo contendere and provide proof of compliance
 1103  to the clerk of the court, designated official or authorized
 1104  operator of a traffic violations bureau. In such case,
 1105  adjudication shall be withheld; however, no election shall be
 1106  made under this subsection if such person has made an election
 1107  under this subsection in the 12 months preceding election
 1108  hereunder. A person may not make more than three elections under
 1109  this subsection.
 1110         (b)If adjudication is withheld under paragraph (a), such
 1111  action is not a conviction.
 1112         Section 19. Subsection (8) of section 322.61, Florida
 1113  Statutes, is amended to read:
 1114         322.61 Disqualification from operating a commercial motor
 1115  vehicle.—
 1116         (8) A driver who is convicted of or otherwise found to have
 1117  committed a violation of an out-of-service order while driving a
 1118  commercial motor vehicle is disqualified as follows:
 1119         (a) Not less than 180 90 days nor more than 1 year if the
 1120  driver is convicted of or otherwise found to have committed a
 1121  first violation of an out-of-service order.
 1122         (b) Not less than 2 years 1 year nor more than 5 years if,
 1123  for offenses occurring during any 10-year period, the driver is
 1124  convicted of or otherwise found to have committed two violations
 1125  of out-of-service orders in separate incidents.
 1126         (c) Not less than 3 years nor more than 5 years if, for
 1127  offenses occurring during any 10-year period, the driver is
 1128  convicted of or otherwise found to have committed three or more
 1129  violations of out-of-service orders in separate incidents.
 1130         (d) Not less than 180 days nor more than 2 years if the
 1131  driver is convicted of or otherwise found to have committed a
 1132  first violation of an out-of-service order while transporting
 1133  hazardous materials required to be placarded under the Hazardous
 1134  Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
 1135  while operating motor vehicles designed to transport more than
 1136  15 passengers, including the driver. A driver is disqualified
 1137  for a period of not less than 3 years nor more than 5 years if,
 1138  for offenses occurring during any 10-year period, the driver is
 1139  convicted of or otherwise found to have committed any subsequent
 1140  violations of out-of-service orders, in separate incidents,
 1141  while transporting hazardous materials required to be placarded
 1142  under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
 1143  5101 et seq., or while operating motor vehicles designed to
 1144  transport more than 15 passengers, including the driver.
 1145         Section 20. Section 488.06, Florida Statutes, is amended to
 1146  read:
 1147         488.06  Denial, revocation, or suspension of license or
 1148  certificate.—The Department of Highway Safety and Motor Vehicles
 1149  may suspend or revoke any license or certificate issued under
 1150  the provisions of this chapter if the holder of the license or
 1151  certificate, or if an instructor, agent, or employee of the
 1152  commercial driving school, has:
 1153         (1) Violated the provisions of this chapter;.
 1154         (2)Been convicted of, pled no contest to, or had
 1155  adjudication withheld for any felony offense or misdemeanor
 1156  offense, as shown by a criminal background check, the cost of
 1157  which must be borne by the applicant, instructor, agent, or
 1158  employee;
 1159         (3)Committed of any fraud or willful misrepresentation in
 1160  applying for or obtaining a license; or
 1161         (4)Solicited business on any premises, including parking
 1162  areas, used by the department or a tax collector for the purpose
 1163  of licensing drivers.
 1164         Section 21. This act shall take effect September 1, 2010.